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able to the Administrator under section such portion of the plan or, pursuant to 303 of the Act.
paragraph (b) of this section, has a (4) Prevent construction, modification, timetable for obtaining such authority. or operation of any stationary source (f) The State may authorize a local at any location where emissions from agency to carry out a plan, or portion such source will prevent the attainment thereof, within such local agency's jurisor maintenance of a national standard. diction: Provided, That such plan dem
(5) Obtain information necessary to onstrates, to the Administrator's satisdetermine whether air pollution sources faction, that such local agency has the are in compliance with applicable laws, legal authority necessary to implement regulations, and standards, including such plan, or portion thereof, and furauthority to require recordkeeping and ther: Provided, That such authorization to make inspections and conduct tests shall not relieve the State of responsiof air pollution sources.
bility under the Act for carrying out (6) Require owners or operators of sta such plan, or portion thereof. tionary sources to install, maintain, and
§ 51.12 Control strategy: General. use emission monitoring devices and to
(a) In any region where existing make periodic reports to the State on the
(measured or estimated) ambient levels nature and amounts of emissions from
of a pollutant exceed the levels specified such stationary sources; also authority
by an applicable national standard, the for the State to make such data available
plan shall set forth a control strategy to the public as reported and as cor
which shall provide for the degree of related with any applicable emission
emission reduction necessary for attainstandards or limitations.
ment and maintenance of such national (b) Where a plan sets forth a control
standard, including the degree of emisstrategy that provides for application
sion reduction necessary to offset emisof (1) inspection and testing of motor
sion increases that can reasonably be vehicles and/or other transportation
expected to result from projected growth control measures or (2) land use
of population, industrial activity, motor measures other than those referred to
vehicle traffic, or other factors that may in $ 51.11(a) (4), such plan shall set
cause or contribute forth the State's timetable for obtaining
emissions. such legal authority as may be neces
(b) In any region where measured or sary to carry out such measures.
estimated ambient levels of a pollutant (c) The provisions of law or regula
are below the levels specified by an aption which the State determines provide
plicable secondary standard, the plan the authorities required under this sec
shall set forth a control strategy which tion shall be specifically identified, and
shall be adequate to prevent such amcopies of such laws or regulations shall
bient pollution levels from exceeding be submitted with the plan.
such secondary standard. (d) (1) Except as otherwise provided
(c) Portions of a control strategy apby paragraph (b) of this section, the
plicable to area sources may differ from plan shall show that the legal authori
portions applicable to point sources. ties specified in this section are available
(d) For purposes of developing a conto the State at the time of submission
trol strategy, data derived from measof the plan.
urements of existing ambient levels of (2) Legal authority adequate to fulfill
a pollutant may be adjusted to reflect the requirements of paragraph (a) (5)
the extent to which occasional natural and (6) of this section may be delegated
or accidental phenomena, e.g., dust the State pursuant to section 114 of the
storms, forest fires, industrial accidents, Act. (e) A State governmental agency other
demonstrably affected such ambient than the State air pollution control
levels during the measurement period. agency may be assigned responsibility for $ 51.13 Control strategy: Sulfur oxides carrying out a portion of a plan: Pro
and particulate matter. vided. That such plan demonstrates, to (a) In any region where emission rethe Administrator's satisfaction, that ductions are necessary for attainment such State governmental agency has the and maintenance of a primary standard legal authority necessary to carry out 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:
A-C a rX100=percent reduction needed Where: A=Existing air quality at the location hay
ing the highest measured or esti
mated concentration in the region. B=Background concentration, C=National standard.
(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 Agency, Washington, D.C., November 1970.
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 mon
oxide, 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 im. provement 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 as sumed that (i) there is no background concentration of photochemical oxidants and (ii) the degree of total hydrocarbon emission reduction recessary for attainment and maintenance of the national
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.
Measurement method i
Number of sites
Frequency of sampling
-- One 24-hour sample, (Jacobs-Hochheiser).
every 3 days. Photochemical oxidants..-.-.-.-.- Gas phase chemiluminescence.-------do.------------ Continuous.
1 Equivalent methods are specified in § 420.17.
(2) For Priority I regions, only avail. able air quality data for hydrocarbons must be submitted.
(3) For Priority III regions, no air quality data for carbon monoxide, hydrocarbons, nitrogen dioxide, and photochemical oxidants need be submitted.
(4) Air quality data required by this subparagraph shall be submitted in the
form similar to that shown in Appendix H to this part. 136 F.R. 22398, Nov. 25, 1971, as amended at 36 F.R. 25233, Dec. 30, 1971] 8 51.15 Compliance schedules.
(a) (1) Except as otherwise provided in subparagraph (2) of this paragraph, each plan shall contain legally enforce
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 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
ter (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 com
bined-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, 24
hour 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