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able to the Administrator under section 303 of the Act.

(4) Prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard.

(5) Obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, including authority to require recordkeeping and to make inspections and conduct tests of air pollution sources.

(6) Require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such stationary sources; also authority for the State to make such data available to the public as reported and as correlated with any applicable emission standards or limitations.

(b) Where a plan sets forth a control strategy that provides for application of (1) inspection and testing of motor vehicles and/or other transportation control measures or (2) land use measures other than those referred to in § 51.11(a) (4), such plan shall set forth the State's timetable for obtaining such legal authority as may be necessary to carry out such measures.

(c) The provisions of law or regulation which the State determines provide the authorities required under this section shall be specifically identified, and copies of such laws or regulations shall be submitted with the plan.

(d) (1) Except as otherwise provided by paragraph (b) of this section, the plan shall show that the legal authorities specified in this section are available to the State at the time of submission of the plan.

(2) Legal authority adequate to fulfill the requirements of paragraph (a) (5) and (6) of this section may be delegated the State pursuant to section 114 of the Act.

(e) A State governmental agency other than the State air pollution control agency may be assigned responsibility for carrying out a portion of a plan: Provided, That such plan demonstrates, to the Administrator's satisfaction, that such State governmental agency has the legal authority necessary to carry out

such portion of the plan or, pursuant to paragraph (b) of this section, has a timetable for obtaining such authority.

(f) The State may authorize a local agency to carry out a plan, or portion thereof, within such local agency's jurisdiction: Provided, That such plan demonstrates, to the Administrator's satisfaction, that such local agency has the legal authority necessary to implement such plan, or portion thereof, and further: Provided, That such authorization shall not relieve the State of responsibility under the Act for carrying out such plan, or portion thereof.

§ 51.12 Control strategy: General.

(a) In any region where existing (measured or estimated) ambient levels of a pollutant exceed the levels specified by an applicable national standard, the plan shall set forth a control strategy which shall provide for the degree of emission reduction necessary for attainment and maintenance of such national standard, including the degree of emission reduction necessary to offset emission increases that can reasonably be expected to result from projected growth of population, industrial activity, motor vehicle traffic, or other factors that may or contribute to increase

cause emissions.

(b) In any region where measured or estimated ambient levels of a pollutant are below the levels specified by an applicable secondary standard, the plan shall set forth a control strategy which shall be adequate to prevent such ambient pollution levels from exceeding such secondary standard.

(c) Portions of a control strategy applicable to area sources may differ from portions applicable to point sources.

(d) For purposes of developing a control strategy, data derived from measurements of existing ambient levels of a pollutant may be adjusted to reflect the extent to which occasional natural or accidental phenomena, e.g., dust storms, forest fires, industrial accidents, demonstrably affected such ambient levels during the measurement period. § 51.13 Control strategy: Sulfur oxides and particulate matter.

(a) In any region where emission reductions are necessary for attainment and maintenance of a primary standard for sulfur oxides or particulate matter,

the plan shall set forth a control strategy which shall be adjusted for the attainment of such primary standard within the time prescribed by the Act.

(b) (1) In any region where the degree of emission reduction necessary for attainment and maintenance of a secondary standard for sulfur oxides or particulate matter can be achieved through the application of reasonably available control technology, "reasonable time" for attainment of such secondary standard, pursuant to § 51.10 (c), shall be not more than 3 years unless the State shows that good cause exists for postponing application of such control technology.

(2) In any region where application of reasonably available control technology will not be sufficient for attainment and maintenance of such secondary standard, or where the State shows that good cause exists for postponing the application of such control technology, "reasonable time" shall depend on the degree of emission reduction needed for attainment of such secondary standard and on the social, economic, and technological problems involved in carrying out a control strategy adequate for attainment and maintenance of such secondary standard.

(c) For purposes of developing a control strategy, background concentration shall be taken into consideration with respect to particulate matter. As used in this subpart, "background concentration" is that portion of the measured ambient levels of particulate matter that cannot be reduced by controlling emissions from manmade sources; "background concentration" shall be determined by reference to measured ambient levels of particulate matter in nonurban

areas.

(d) Example regions:

(1) A control strategy which provides for the attainment and maintenance of a national standard for sulfur oxides or particulate matter in any region in a State (excluding Priority IA regions) will be deemed by the Administrator to be adequate for attainment and maintenance of such standard in any or all other regions of the same Priority classification in which measured or estimated levels of the pollutant are lower than those in the region for which the control strategy was formulated: Provided, That such control strategy is sufficiently comprehensive to include adequate control of sulfur oxides or particulate emissions

from sources listed in Appendix C to this part. Any region (i) for which the State formulates a control strategy which is applied to other regions or (ii) for which a control strategy is developed, without regard to whether such strategy is applied outside of the region, is referred to hereinafter as an "example region."

(2) The State shall obtain, through the appropriate Regional Office, the concurrence of the Administrator in the selection of an example region.

(3) Nothing in this section shall be construed in any manner to preclude a State from preparing, adopting, and submitting a separate plan for each region.

(e) Adequacy of control strategy:

(1) The plan shall demonstrate that the control strategy for each national standard for sulfur oxides or particulate matter is adequate for attainment and maintenance of such standard in the example region (s) to which it applies. The adequacy of a control strategy shall be demonstrated by means of a proportional model or diffusion model or other procedure which is shown to be adequate and appropriate for such purpose.

(2) (i) If such demonstration is made by use of a proportional model, such model shall be one in which the following equation is employed to calculate the degree of improvement in air quality needed for attainment of a national standard:

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(ii) The above equation does not account for topography, spatial distribution of emissions, or stack height, but the significance of these parameters shall be considered in developing the control strategy.

(iii) The plan shall show that application of the control strategy will result in the degree of emission reduction indicated to be necessary by the above calculation, as modified by appropriate consideration of factors set forth in subdivision (ii) of this subparagraph. The plan shall contain a summary of the computations used to determine the emission reductions that will result from application of the control strategy to each point source and group of area sources; such

summary shall be included in a table similar to that presented in Appendix D to this part. The detailed computations shall be retained and be made available for inspection by the Administrator.

(3) (i) If such demonstration is made by use of a diffusion model, such model shall be identified and described: Provided, however, That if either of the two diffusion models described in the following publications is used, it need only be identified:

Air Quality Implementation Planning Program (IPP), Volume I, Operator's Manual, National Air Pollution Control Administration, Environmental Protection Washington, D.C., November 1970.

Agency,

Air Quality Display Model (AQDM), National Air Pollution Control Administration, Department of Health, Education, and Welfare, 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 shall be used where available if based on use of the measurement methods specified in § 51.17; sulfur dioxide measurements based on use of the continuous conductimetric method also will be acceptable for this purpose. If actual measurements are not available 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. § 51.14 Control strategy: Carbon monoxide, hydrocarbons, photochemical oxidants, and nitrogen dioxide.

(a) Priority I Regions. (1) Each plan for a region classified Priority I with respect to carbon monoxide, photochemical oxidants, 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) Unless specific data are available for a region, a State shall assume that such Federal motor vehicle emission standards will result in the emission reductions shown in Appendix I to this part. If specific data are used, such data must be submitted in the plan for such region.

(b) Control strategy development. In a region in which attainment and maintenance of a national standard will require emission reductions in addition to those which will result from application of the Federal motor vehicle emission standards, the control strategy shall provide for application of such other measures as may be necessary for attainment and maintenance of such national standard.

(c) Adequacy of control strategy. (1) The plan shall demonstrate, by means of a proportional model or diffusion/ photochemical model or other procedure which is adequate and appropriate, that

the control strategy included in each plan for a region classified as Priority I is adequate for attainment and maintenance of the national standard(s) to which such control strategy applies.

(2) With respect to control of carbon monoxide and nitrogen oxides, the proportional model which may be used for purposes of this paragraph is described in § 51.13(e) (2): Provided, With respect to the national standard for nitrogen dioxide, that the degree of air quality improvement indicated to be necessary by the proportional model will be achieved by a corresponding degree of reduction of total nitrogen oxides emissions from stationary and mobile sources.

(3) In any region where the degree of nitrogen oxides emission reduction necessary for attainment and maintenance of the national standard for nitrogen dioxide is greater than that which can be achieved by the application of (i) the Federal motor vehicle emission standards promulgated under section 202 of the Act and (ii) any transportation control measures which may be necessary for attainment and maintenance of the national standards for carbon monoxide and photochemical oxidants, the plan shall provide for the degree of nitrogen oxides emission reduction attainable through the application of reasonably available control technology.

(4) With respect to hydrocarbons and photochemical oxidants, it may be assumed that (i) there is no background concentration of photochemical oxidants and (ii) the degree of total hydrocarbon emission reduction necessary for attainment and maintenance of the national

Pollutants

standard for photochemical oxidants will also be adequate for attainment of the national standard for hydrocarbons. The proportional model to be used to determine the necessary hydrocarbon emission reduction is set forth in Appendix J to this part.

(5) The plan shall show that the control strategy will result in the degree of emission reduction indicated to be necessary by the proportional model. The plan shall contain a summary of the computations used to determine the emission reductions that will result from application of the control strategy to each point source and each group of area sources. Such summary shall be included in a table similar to that presented in Appendix D to this part. The detailed computations shall be retained by the State agency and made available for inspection by the Administrator.

(6) If a diffusion/photochemical model is used, the plan shall include a description of such model.

(d) Emission data. Emission data on carbon monoxide, hydrocarbons, and nitrogen oxides shall be submitted in accordance with the requirements of § 51.13 (f).

(e) Air quality data. Data showing existing air quality levels shall be presented in accordance with this section:

(1) For Priority I regions, data on carbon monoxide, nitrogen dioxide, and photochemical oxidants shall, as a minimum, include the results of measurements made during a period of approximately 3 months beginning on or about July 1, 1971, in accordance with the following procedures.

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able compliance schedules setting forth the dates by which all stationary and mobile sources or categories of such sources must be in compliance with any applicable portions of the control strategy set forth in such plan.

(2) A plan may provide that a legally enforceable compliance schedule will be negotiated with the owner or operator of an individual source following submittal of the plan. Such compliance schedule shall be submitted to the Administrator as early as possible but in no case later than the prescribed date for submittal of the first semiannual report required by § 51.7. Unless disapproved by the Administrator, such compliance schedule shall be part of the applicable plan.

(b) (1) Any compliance schedule designed to provide for attainment and maintenance of a primary standard shall provide for compliance with applicable portions of the control strategy as expeditiously as practicable and in no case, except as otherwise provided by Subpart C of this part, later than 3 years after the Administrator's approval of the plan, or portion thereof, which sets forth such control strategy.

(2) Any compliance schedule designed to provide for attainment and maintenance of a secondary standard shall provide for compliance with applicable portions of the control strategy in a reasonable time and in no case later than the date specified for attainment of such secondary standard pursuant to § 51.10 (c).

(c) Any compliance schedule extending over a period of 18 or more months from the date of its adoption shall provide for periodic increments of progress toward compliance by any affected source(s) or categories of sources.

(d) Except as otherwise provided by Subpart C of this part, neither the State agency nor a local agency shall grant any variance of, or exception to, any compliance schedule included in an applicable plan if such variance or exception will prevent, or interfere with, attainment or maintenance of a national standard within the time(s) specified pursuant to § 51.10 (b) and (c). § 51.16

Prevention of air pollution emergency episodes.

(a) For the purpose of preventing air pollution emergency episodes, each plan

for a Priority 1 region shall include a contingency plan which shall, as a minimum, provide for taking any emission control actions necessary to prevent ambient pollutant concentrations at any location in such region from reaching levels which could cause significant harm to the health of persons, which levels are as follows:

Sulfur dioxide-2,620 micrograms/cubic meter (1.0 part per million), 24-hour average. Particulate matter-1,000 micrograms/cubic meter or 8 COH's, 24-hour average. Sulfur dioxide and particulate matter combined-product of sulfur dioxide in micrograms/cubic meter, 24-hour average, and particulate matter in micrograms/cubic meter, 24-hour average, equal to 490 X 103 or product of sulfur dioxide in parts per million, 24-hour average and COH's, 24hour average, equal to 1.5. Carbon monoxide:

57.5 milligrams/cubic meter (50 parts per million), 8-hour average.

86.3 milligrams/cubic meter (75 parts per million), 4-hour average.

144 milligrams/cubic meter (125 parts per million), 1-hour average. Photochemical oxidants:

800 micrograms/cubic meter (0.4 part per million), 4-hour average.

1,200 micrograms/cubic meter (0.6 part per million), 2-hour average.

1,400 micrograms/cubic meter (0.7 part per million), 1-hour average. Nitrogen dioxide:

3,750 micrograms/cubic meter (2.0 parts
per million), 1-hour average.
938 micrograms/cubic meter (0.5 part per
million), 24-hour average.

(b) Each contingency plan shall (1) specify two or more stages of episode criteria such as those set forth in Appendix L to this part, or their equivalent (2) provide for public announcement whenever any episode stage has been determined to exist, and (3) specify emission control actions to be taken at each episode stage, including, but not necessarily limited to, actions such as those set forth in Appendix L to this part, or their equivalent.

(c) (1) For each stationary source emitting 100 tons (90.7 metric tons) per year or more, the contingency plan shall include, or provide for preparation of, a specific legally enforceable emission control action program and shall show that the owner and/or operator of such stationary source has been notified of the

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