« PreviousContinue »
Subpart C—Extensions 51.30 Request for 2-year extension. 51.31 Request for 18-month extension. 51.32 Request for 1-year postponement. Appendix A-Air Quality Estimation. Appendix B-Examples of Emission Limita
tions Attainable with Reasonably
Available Technology. Appendix C—Major Pollutant Sources. Appendix D-Emissions Inventory Summary
(Examples Regions). Appendix E-Point Source Data. Appendix F-Area Source Data. Appendix G-Emmissions Inventory Sum
mary (Other Regions). Appendix H-Air Quality Data Summary. Appendix I-Projected Motor Vehicle Emis
sions. Appendix J—Required Hydrocarbon Emis
sion Control as a Function of Photochemical Oxidant Concen
trations. Appendix K-Control Agency Functions. Appendix 1YExample Regulations for Pre
vention of Air Pollution Emergency
Episodes. AUTHORITY: The provisions of this Part 51 issued under section 301(a) of the Clean Air Act (42 U.S.C. 1857(a), as amended by section 15(c) (2) of Public Law 91-604, 84 Stat. 1713.
SOURCE: The provisions of this part 51 appear at 36 F.R. 22398, Nov. 25, 1971, unless otherwise noted.
Subpart A-General Provisions $ 51.1 Definitions.
As used in this part, all terms not defined herein shall have the meaning given them in the Act:
(a) “Act” means the Clean Air Act (42 U.S.G. 1857-18571, as amended by Public Law 91-604, 84 Stat. 1676).
(b) “Administrator” means the Administrator of the Environmental Protection Agency (EPA) or his authorized representative.
(c) “Primary standard' means a national primary ambient air quality standard promulgated pursuant to section 109 of the Act.
(d) “Secondary standard' means a national secondary ambient air quality standard promulgated pursuant to section 109 of the Act.
(e) “National standard” means either a primary or a secondary standard.
(f) "Plan” means an implementation plan, under section 110 of the Act, to attain and maintain a national standard.
(g) “Applicable plan" means a plan or portion thereof, or the most recent revision of such plan or portion thereof, which has been approved or promulgated by the Administrator pursuant to section 110 of the Act.
(h) “Regional Office" means one of the ten (10) EPA Regional Offices.
(i) “State agency” means the air pollution control agency primarily responsible for development and implementation of a plan under the Act.
(j) “Local agency” means any air pollution control agency other than a State agency, which is charged with responsibility for carrying out a portion of a plan.
(k) "Point source" means:
(1) Any stationary source causing emissions in excess of 100 tons (90.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 “urban place” population, as defined by the Bureau of Census, was equal to or greater than 1 million or
(2) Any stationary source causing emissions in excess of 25 tons (22.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 “urban place" population, as defined by the U.S. Bureau of the Census, was less than 1 million and
(3) Without regard to amount of emissions, stationary sources such as those listed in Appendix C to this part.
(1) "Area source” means any small residential, governmental, institutional, commercial, or industrial fuel combustion operations: onsite solid waste disposal facility; motor vehicles, aircraft, vessels, or other transportation facilities; or other miscellaneous sources such as those listed in Appendix D to this part, as identified through inventory techniques similar to those described in: “A Rapid Survey Technique for Estimating Community Air Pollution Emissions,” Public Health Service Publication No. 999-AP-29, October 1966.
(m) “Region" means (1) an air quality control region designated by the Secretary of Health, Education, and Welfare or the Administrator, (2) any
area designated by a State agency as an air quality control region and approved by the Administrator, or (3) any area of a State not designated as an air quality control region under subparagraph (1) or (2) of this paragraph.
(n) "Control strategy” means a combination of measures designated to achieve the aggregate reduction of emissions necessary for attainment and maintenance of a national standard, including, but not limited to, measures such as:
(1) Emission limitations.
(2) Federal or State emission charges or taxes or other economic incentives or disincentives.
(3) Closing or relocation of residential, commercial, or industrial facilities.
(4) Changes in schedules or methods of operation of commercial or industrial facilities or transportation systems, including, but not limited to, short-term changes made in accordance with standby plans.
(5) Periodic inspection and testing of motor vehicle emission control systems, at such time as the Administrator determines that such programs are feasible and practicable.
(6) Emission control measures applicable to in-use motor vehicles, including, but not limited to, measures such as mandatory maintenance, installation of emission control devices, and conversion to gaseous fuels.
(7) Measures to reduce motor vehicle trafic, including, but not limited to, measures such as commuter taxes, gasoline rationing; parking restrictions, or staggered working hours.
(8) Expansion or promotion of the use of mass transportation facilities through measures such as increases in the frequency, convenience, and passengercarrying capacity of mass transportation systems or providing for special bus lanes on major streets and highways.
(9) Any land use or transportation control measures not specifically delineated herein.
(10) Any variation of, or alternative to, any measure delineated herein:
(0) "Reasonably available control technology" means devices, systems, process modifications, or other apparatus or techniques, the application of which
will permit attainment of the emission limitations set forth in Appendix B to this part, provided that Appendix B to this part is not intended, and shall not be construed, to require or encourage State agencies to adopt such emission limitations without due consideration of (1) the necessity of imposing such emission limitations in order to attain and maintain a national standard, (2) the social and economic impact of such emission limitations, and (3) alternative means of providing for attainment and maintenance of such national standard. $ 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 cost-effectiveness 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 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
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 photochemical oxidants.
(a) For sulfur oxides and particulate matter, each region will be classified into one of three categories, defined as Priority I, Priority II, or Priority III.
(1) (i) Ambient concentration limits, expressed as micrograms per cubic meter and parts per million by volume (p.p.m. in parentheses) which define the classification system for sulfur oxides and particulate matter are:
| Any concentration above 1,300 ug/m3 (0.50 p.p.m.).
(ii) The more restrictive classifica (ii) Nitrogen dioxide: Priority I: tion will be chosen where there is a Equal to or above 110 micrograms per difference between the maximum cubic meter (0.06 p.p.m.) annual arithvalue(s) and the annual averages e.g., metic mean; Priority VII: Below such if a region is Priority I with respect to value. an annual average and Priority II with (iii) Photochemical oxidants: Prirespect to a 24-hour maximum value, the ority I: Equal to or above 195 microclassification will be Priority I.
grams per cubic meter (0.10 p.p.m.), 1(2) Procedures which may be used, hour maximum; Priority III: Below such where appropriate, to estimate air qual- value. ity in regions where no measured data (2) In the absence of measured data or inadequate data exist are described in to the contrary, classification with reAppendix A to this part.
spect to carbon monoxide, photochemical (b) For carbon monoxide, nitrogen di- oxidants and nitrogen dioxide will be oxide, and photochemical oxidants, each based on the following estimate of the region will be classified into one of two relationship between these pollutants categories defined as Priority I or Pri and population: Any region containing ority III.
an area whose 1970 “urban place” popu(1) Ambient concentration limits lation, as defined in the U.S. Bureau of which define the classification system Census, exceeds 200,000 will be classified are:
Priority I. All other regions will be (i) Carbon monoxide: Priority I: classified Priority III. Equal to or above 55 milligrams per (3) Where a region is classified Pricubic meter (48 p.p.m.), 1-hour maxi- ority I on the basis of population, the mum, or 14 milligrams per cubic meter air quality data requirements of $ 51.14 (12 p.p.m.), 8-hour maximum; Priority (e) (1) shall apply. If these data indicate III: Below such values.
the pollutant concentrations are below
the values stipulated in subparagraph (1) of this paragraph, the region will be reclassified Priority III.
(4) Classifications with respect to hydrocarbons will be the same as the classifications with respect to photochemical oxidants.
(c) Where a region is classified Priority I on the basis of measured or estimated air quality levels reflecting emissions predominantly from a single point source, it shall be further classified Priority IA. The requirements applicable to Priority IA regions shall be the same as those for other Priority I regions, except
the requirements applicable to Priority II regions under $ $ 51.16 and 51.17 shall apply. A procedure for estimating air quality levels reflecting emissions from a single point source is described in Appendix A to this part. $ 51.4 Public hearings.
(a) The State shall, prior to adoption of a plan and after reasonable notice thereof, conduct one or more public hearings on each plan. Separate hearings may be held for plans to implement primary and secondary standards.
(b) For purposes of this part, “reasonable notice" shall be considered to include, at least 30 days prior to the date of such hearing(s):
(1) Notice given to the public by prominent advertisement announcing the date(s), time(s), and place(s) of such hearing(s) and the availability of the principal portions of the proposed plan, including, as a minimum, all rules and regulations which are proposed to be included in such plan, for public inspection in at least one location in each region to which the plan will apply.
(2) Notification to the Administrator (through the appropriate Regional Office)
(3) Notification to any local air pollution control agencies in each region to which the plan will apply.
(4) In the case of an interstate region, notification to any other States included, in whole or in part, in the region.
(c) The State shall prepare and retain, for submission to the Administrator upon his request, a record of the hearing(s). The record shall contain, as a minimum, a list of witnesses together with the text of each presentation.
(d) The State shall submit with its plan (1) a copy of any advertisement
published, broadcast, or otherwise issued pursuant to this section; and (2) a certification that the hearing was held in accordance with the notice required by this section. § 51.5 Submission of plans; prelim
inary review of plans. (a) Submission to the Administrator shall be accomplished by delivering five copies of the plan to the appropriate Regional Office and a letter to the Administrator notifying him of such action. Plans shall be adopted by the state and submitted to the Administrator by the Governor as follows:
(1) For any primary standard, within 9 months after promulgation of such standard.
(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 C of this part.
(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. & 51.6 Revisions.
(a) The pian 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) Revisions of rules and regulations tive control strategies, as well as the included in an applicable plan shall be costs and benefits of each such alternaadopted after reasonable notice and pub tive, for attainment and maintenance of lic hearings, as prescribed in $ 51.4.
the national standards. (d) Any revision of rules and regula (b) Each plan implementing a pritions and of compliance schedules shall mary standard shall provide for the be submitted to the Administrator in ac attainment of such standard as excordance with § 51.5 within 60 days fol peditiously as practicable, but in no lowing its adoption.
case, except as otherwise provided by (e) Revisions other than those Subpart of this part, later than 3 covered by paragraph (b) of this sec years after the date of the Administion shall be identified and described in trator's approval of such plan or any the semiannual report required by revision thereof to take account of a § 51.7.
revised primary standard. The projected $ 51.7 Reports.
date of attainment of such standard
shall be specified in the plan.. (a) On a quarterly basis commencing
(c) Each plan implementing a secwith the end of the first full quarter
ondary standard shall provide for the after approval of a plan, or any portion attainment of such standard by a specithereof, by the Administrator, the State
fied date, which shall be within a reashall submit to the Administrator
sonable time after the date of the (through the appropriate Regional
Administrator's approval of such plan. Office) information on air quality. The
(d) The plan for each region shall quarters of the year are January 1
have adequate provisions to insure that March 31, April 1-June 30, July 1
pollutant emissions within such region September 30, and October 1-December
will not interfere with attainment and
maintenance of any national standard (b) On a semiannual basis commenc
in any portion of an interstate region ing with the end of the first full semi
or in any other region. annual period after approval of a plan,
(e) Each plan shall provide for pubor any portion thereof, by the Admin
lic availability of emission data reported istrator, the State shall submit to the
by source owners or operators or otherAdministrator (through the appropriate
wise obtained by a State or local agency. Regional Office) reports on progress in
Such emission data shall be correlated carrying out the applicable plan. The
with applicable emission limitations or semiannual periods are January 1-June
other measures. As used in this para30 and July 1-December 31.
graph, “correlated” means presented in (c) The reports required by this sec
such a manner as to show the relationtion shall be submitted within 45 days
ship between measured or estimated after the end of each reporting period
amounts of emissions and the amounts in a manner which shall be prescribed
of such emissions allowable under the by the Administrator.
applicable emission limitations or other § 51.8 Approval of plans.
measures. The Administrator shall approve any $ 51.11 Legal authority. plan, or portion thereof, or any revision
(a) Each plan shall show that the of such plan, or portion thereof, if he
State has legal authority to carry out the determines that it meets the requirements of the Act. Revisions of a plan,
plan, including authority to: or any portion thereof, shall not be con
(1) Adopt emission standards and sidered part of an applicable plan until limitations and any other measures such revisions have been approved by necessary for attainment and maintethe Administrator in accordance with nance of national standards. this part.
(2) Enforce applicable laws, regulaSubpart B-Plan Content and
tions, and standards, and seek injunctive
(3) Abate pollutant emissions on an $ 51.10 General requirements.
emergency basis to prevent substantial (a) During development of a plan, the endangerment to the health of persons, State is encouraged to identify alterna- i.e., authority comparable to that avail