(5) 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 inspection by the Administrator upon his request, a record of each hearing. The record shall contain, as a minimum, a list of witnesses together with the text of each presentation.

(d) The State shall submit with the plan, revision, or schedule a certification that the hearing required by paragraph (a) of this section was held in accordance with the notice required by paragraph (b) of this section.

(e) Upon written application by a State agency (through the appropriate Regional Office), the Administrator may approve State procedures designed to insure public participation in the matters for which hearings are required, and public notification of the opportunity to participate if in the judgment of the Administrator, such procedures, although different from the requirements of this part, in fact provide for adequate notice to and participation of the public. The Administrator may impose any conditions on his approval as he deems necessary. Procedures approved pursuant to this section shall be deemed to satisfy the requirements of this part regarding public hearings.

(f) The State shall, prior to adoption of transportation control measures, conduct one or more public hearings as required in paragraphs (a) through (d) of this section.

[37 FR 26311, Dec. 9, 1972, as amended at 38 FR 15195, June 8, 1973]

§ 51.5 Submission of plans; preliminary 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.

(3) For compliance with the requirements of §§ 51.11(a) (4) and 51.18, no later than August 15, 1973.

(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.

(d) Submission to the Administrator shall be accomplished by delivering 10 copies of the transportation control portions of the plan to the appropriate regional office. Such portions shall be adopted by the State and submitted by the Governor.

(e) Upon request of a State, the Administrator will provide preliminary review of the draft transportation control measures or portions thereof in advance of the date such measures are due. Such requests shall be made as provided in paragraph (c) of this section and shall not operate to relieve a State of its responsibility for adopting and submitting transportation control measures in accordance with prescribed due dates. [36 FR 22398, as amended at 38 FR 15195, June 8, 1973, 38 FR 15836, June 18, 1973] § 51.6

Revisions.

(a) The plan 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) The plan may be revised from time to time consistent with the requirements applicable to implementation plans under this part.

(d) Any revision of any regulation or any compliance schedule pursuant to paragraph (c) of this section shall be

(a) On a quarterly basis commencing with the end of the first full quarter after approval of a plan, or any portion thereof, by the Administrator, the State shall submit to the Administrator (through the appropriate Regional Office) information on air quality. The quarters of the year are January 1March 31, April 1-June 30, July 1September 30, and October 1-December 31.

(b) On a semiannual basis commencing with the end of the first full semiannual period after approval of a plan, or any portion thereof, by the Administrator, the State shall submit to the Administrator (through the appropriate Regional Office) reports on progress in carrying out the applicable plan. The semiannual periods are January 1-June 30 and July 1-December 31.

(c) The reports required by this section shall be submitted within 45 days after the end of each reporting period in a manner which shall be prescribed by the Administrator.

§ 51.8 Approval of plans.

The Administrator shall approve any plan, or portion thereof, or any revision of such plan, or portion thereof, if he determines that it meets the requirements of the Act. Revisions of a plan, or any portion thereof, shall not be considered part of an applicable plan until such revisions have been approved by the Administrator in accordance with this part.

Subpart B-Plan Content and
Requirements

tive, for attainment and maintenance of the national standards.

(b) Each plan implementing a primary standard shall provide for the attainment of such standard as expeditiously as practicable, but in no case, except as otherwise provided by Subpart C of this part, later than 3 years after the date of the Administrator's approval of such plan or any revision thereof to take account of a revised primary standard. The projected date of attainment of such standard shall be specified in the plan.

(c) Each plan implementing a secondary standard shall provide for the attainment of such standard by a specified date, which shall be within a reasonable time after the date of the Administrator's approval of such plan.

(d) The plan for each region shall have adequate provisions to insure that pollutant emissions within such region will not interfere with attainment and maintenance of any national standard in any portion of an interstate region or in any other region.

(e) Each plan shall provide for public availability of emission data reported by source owners or operators or otherwise obtained by a State or local agency. Such emission data shall be correlated with applicable emission limitations or other measures. As used in this paragraph, "correlated" means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under the applicable emission limitations or other measures.

§ 51.11 Legal authority.

(a) Each plan shall show that the State has legal authority to carry out the plan, including authority to:

(1) Adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards.

(2) Enforce applicable laws, regulations, and standards, and seek injunctive relief.

(3) Abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons, i.e., authority comparable to that available to the Administrator under section 303 of the Act.

(4) Prevent construction, modification, or operation of a facility, building, structure, or installation, or combination

thereof, which directly or indirectly results or may result in emissions of any air pollutant at any location which 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.

[36 FR 22398, as amended at 38 FR 15836, June 18, 1973]

§ 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 cause or contribute to increase 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 accidental phenomena, e.g., dust storms, forest fires, industrial accidents, demonstrably affected such ambient levels during the measurement period.

or

(e) The plan shall identify those areas (counties, urbanized areas, standard metropolitan statistical areas, et cetera) which, due to current air quality and/or projected growth rate, may have the potential for exceeding any national standard within the subsequent 10-year period.

(1) For each such area identified, the plan shall generally describe the intended method and timing for producing the analysis and plan required by paragraph (g) of this section.

(2) The area identification and description of method and timing required by this paragraph shall be submitted no later than 9 months following the effective date of this paragraph.

(3) At 5-year intervals, the area identification shall be reassessed to determine if additional areas should be subject to the requirements of paragraph (g) of this section.

(f) Based on the information submitted by the States pursuant to paragraph (e) of this section, the administrator will publish, within 12 months of the effective date of this paragraph, a list of the areas which shall be subject to the requirements of paragraph (g) of this section.

(g) For each area identified by the administrator pursuant to paragraph (f) of this section, the State shall submit, no later than 24 months following the effective date of this paragraph, the following:

(1) An analysis of the impact on air quality of projected growth and development over the 10-year period from the date of submittal.

(2) A plan to prevent any national standards from being exceeded over the 10-year period from the date of plan submittal. Such plan shall include, as necessary, control strategy revisions and/or other measures to insure that projected growth and development will be compatible with maintenance of the national standards throughout such 10year period. Such plan shall be subject to the provisions of § 51.6 of this part.

(h) Plans submitted pursuant to paragraph (g) of this section shall be reanalyzed and revised where necessary at 5-year intervals.

[36 FR 22398, as amended at 38 FR 15836, June 18, 1973]

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:

(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