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Subpart FF-New Jersey 52.1326 Control strategy: Nitrogen dioxide. Sec. 52.1327 Prevention of air pollution emer

52.1570 Identification of plan. gency episodes.

52.1571 Classification of regions. 52.1328–52.1330 (Reserved]

52.1572 Extensions. 52.1331 Request for 2-year extensions.

52.1673 Approval status. 52.1332 Attainment dates for national

52.1574-52.1575 (Reserved] standards.

52.1576 Control strategy: Nitrogen dioxide. 52.1333 Transportation and land use con 52.1577 Compliance schedules. trols.

52.1578 (Reserved] 52.1334 Control strategy: Carbon monoxide. 52.1579 Intergovernmental cooperation.

52.1580 Attainment dates for national Subpart BB-Montana

standards. 52.1370 Identification of plan.

52.1581 Transportation and land use con52.1371 Classification of regions.

trols. 52.1372 Approval status,

52.1582 Control strategy and regulations: 52.1373 Control strategy: Sulfur oxides.

Photochemical oxidants (hydro52.1374 [Reserved]

carbons) and carbon monoxide, 52.1375 Attainment dates for national

New Jersey portions of the New standards,

Jersey-New York-Connecticut and 52.1376 Extensions.

Metropolitan Philadelphia Inter

state Regions. Subpart CC-Nebraska 52.1420 Identification of plan.

Subpart GG-New Mexico 52.1421 Classification of regions.

52.1620 Identification of plan. 52.1422 Approval status.

52.1621 Classification of regions. 52.1423 General requirements.

52.1622 Approval status. 52.1424 Legal authority.

52.1623 (Reserved) 52.1425 Compliance schedules.

52.1624 Control strategy and regulations: 52.1426 (Reserved]

Sulfur oxides. 52.1427 [Reserved]

52.1625 Control strategy: Particulate mat52.1428 Review of new sources and modin

ter. cations: Rules and regulations. 52.1626 Compliance schedules. 52.1429 Source surveillance: Rules and reg

52.1627 (Reserved] ulations.

52.1628 (Reserved 52.1430 (Reserved]

52.1629 [Reserved) 52.1431 Attainment dates for national 62.1630 Attainment dates for national standards.

standards. 52.1432 Control strategy: Particulate mato 52.1631 Extensions. ter.

Subpart HH-New York 52.1433 Control strategy: Nitrogen oxides.

52.1670 Identification of plans. Subpart DD_Nevada

52.1671 Classification of regions. 52.1470 Identification of plan,

52.1672 Extensions. 52.1471 Classification of regions.

52.1678 Approval status. 52.1472 Approval status.

52.1674 (Reserved] 52.1473 General requirements.

52.1675 Control strategy and regulations: 52.1474 [Reserved)

Sulfur oxides. 52.1475 Control strategy and regulations:

52.1676 Control strategy: Nitrogen dioxide. Sulfur oxides.

52.1677 Compliance schedules. 62.1476 Control strategy: Particulate mat

52.1678–52.1681 (Reserved]

52.1682 Attainment dates for national ter.

standards. 52.1477 Prevention of air pollution emer

52.1683 Transportation and land-use congency episodes.

trols. 52.1478 Review of new sources and modifi. cations.

Subpart II-North Carolina 52.1479 Source surveillance.

52.1770 Identification of plan. 52.1480 Attainment duties for national

52.1771 Classification of regions. standards.

52.1772 Approval status. 62.1481 Extensions.

52.1773 Attainment dates for national

standards. Subpart EE—New Hampshire

52.1774 Compliance schedules. 52.1520 Identification of plan.

Subpart JJ-North Dakota 52.1521 Classification of regions.

52.1820 Identification of plan. 52.1522 Approval status.

52.1821 Classification of regions, 52.1523 Attainment dates for 4 national 52.1822 Approval status. standards.

52.1823 Attainment dates for national 52.1524 Compliance schedules.



Subpart KK-Ohio Sec. 52.1870 Identification of plan. 52.1871 Classification of regions. 52.1872 Extensions. 52.1873 Approval status. 52.1874 (Reserved] 52.1875 Attainment dates for national

standards. 52.1876 Transportation and land use con

trols. 52.1877 Control strategy: Photochemical

oxidants (hydrocarbons).

Subpart LL--Oklahoma 52.1920 Identification of plan. 52.1921 Classification of regions. 52.1922 Approval status. 52.1923 [Reserved] 52.1924 (Reserved 52.1925 Attainment dates for national


Subpart MM-Oregon 52.1970 Identification of plan. 52.1971 Classification of regions. 52.1972 Approval status. 52.1973 Attainment dates for national

standards. 52.1974 Transportation and land-use con

trols. 52.1975 Compliance schedules. 52.1976 Control strategy: Carbon monoxide

and photochemical oxidants (hy

drocarbons). 52.1977 Resources. 52.1978 Source surveillance.

Subpart NN-Pennsylvania 52.2020 Identification of plan. 52.2021 Classification of regions. 52.2022 Extensions. 52.2023 Approval status. 52.2024 (Reserved] 52.2025 (Reserved] 52.2026 (Reserved) 52.2027 Control strategy: Nitrogen dioxides. 52.2028 (Reserved] 52.2029 Air quality surveillance. 52.2030 Source surveillance. 52.2031 Resources. 52.2032 Intergovernmental cooperation. 52.2033 Control strategy: Sulfur oxides. 52.2034 Attainment dates for national

standards. 52.2035 Transportation and land-use con.

trols. 52.2036 Compliance schedules. 52.2037 Control strategy: Carbon monoxide

and photochemical oxidants (hydrocarbons).

Subpart 00-Rhode Island 52.2070 Identification of plan. 52.2071 Classification of regions. 52.2072 Approval status. 52.2073 General requirements. 52.2074 Legal authority. 52.2075 Source surveillance.

Sec. 52.2076 Attainment dates for national

standards. 52.2077 Compliance schedules.

Subpart PP-South Carolina 52.2120 Identification of plan. 52.2121 Classification of regions. 52.2122 Approval status. 52.2123 Compliance schedules. 52.2124 Legal authority. 52.2125–52.2127 (Reserved) 52.2128 Attainment dates for national


Subpart QQ-South Dakota 52.2170 Identification of plan. 52.2171 Classification of regions. 52.2172 Approval status. 52.2173 Legal authority. 52.2174 Attainment dates for national


Subpart RR-Tennesseo 52.2220 Identification of plan. 52.2221 Classification of regions. 52.2222 Approval status. 52.2223 Compliance schedules. 52.2224 Legal authority. 52.2227 Prevention of air pollution emer

gency episodes. 52.2228–52.2229 (Reserved] 52.2230 Attainment dates for national


Subpart SS-Texas 52.2270 Identification of plan. 52.2271 Classification of regions. 52.2272 (Reserved] 52.2273 Approval status. 52.2276 Control strategy and regulations:

Nitrogen oxides. 52.2277 (Reserved) 52.2278 Request for 2-year extensions:

Photochemical oxidants (hydro

carbons). 52.2279 Attainment dates for national

standards. 52.2280 Transportation and land-use con

trols. 52.2281 [Reserved) 52.2282 Public hearings.

Subpart TT-Utah 52.2320 Identification of plan. 52.2321 Classification of regions. 52.2322 Extensions. 52.2323 Approval status. 52.2 General requirements. 52.2326 Control strategy: Sulfur oxides. 52.2326 Control strategy: Nitrogen dioxide. 52.2327 Compliance schedules. 52.2328 (Reserved] 52.2329 Resources. 52.2330 Rules and regulations: Particulate

matter, 52.2331 Attainment dates for national

standards. 52.2333 Transportation and land-use con



52 2333 Legal authority.

52.2574 Legal authority, 52.2334 Review of new sources and modifi 52.2575 (Reserved) cations.

52.2576 (Reserved 52.2335 Control strategy: Carbon monoxide. 52.2577

52.2577 Attainment dates for national 52. 2336 Source surveillance.

standards. Subpart VU-Vermont

52.2578 Compliance schedules. 52.2370 Identification of plan.

Subpart ZZ—Wyoming 52.2371 Classification of regions.

52.2620 Identification of plan. 52 2372 Approval status.

52.2621 Classification of regions. 52.2373 Legal authority.

52.2622 Approval status. 52.2374 General requirements.

52.2623 Legal authority. 52.2375 Attainment dates for national 52.2624 General requirements. standards.

52.2625 Review of new sources and modifica

tions. Subpart W—Virginia

52.2626 Source surveillance. 52.2420 Identifictaion of plan.

52.2627 Air quality surveillance. 52.2421 Classification of regions.

52.2628 Attainment dates for national 52 2422 Extensions. 52.2423 Approval status.

standards. 52.2424 General requirements.

Subpart AAA-Guam 52.2425 (Reserved]

52.2670 Identification of plan. 52.2426 Control strategy and regulation:

52.2671 Classification of regions. Nitrogen dioxides.

52.2672 Approval status. 52 2427 Source surveillance.

52.2673 Attainment dates for national 52.2428 Request for 2-year extension. 52 2429 Attainment dates for national

standards. standards.

Subpart BBB—Puerto Rico 52 2430 Legal authority.

52.2720 Identification of plan. 52.2431 Control strategy: Carbon monoxide

52.2721 Classification of regions. and photochemical oxidants (hy

52.2722 Approval status. drocarbons). 52 2432 Resources.

52.2723 Attainment dates for national 52.2433 Intergovernmental cooperation.

standards. 52.2434 Transportation and land-use con.

Subpart CCC-Virgin Islands trols.

52.2770 Identification of plan. Subpart WW—Washington

52.2771 Classification of regions. 52.2470 Identification plan.

52.2772 Approval status. 52.2471 Classification of regions.

52.2273—52.2274 [Reserved] 52 2472 (Reserved]

52.2775 Review of new sources and modifica52.2473 Approval status.

tions. 52.247452.2476 (Reserved)

52.2776 Attainment dates for national 52 2477 Source surveillance.

standards. 52.2478 Attainment dates for national standards.

Subpart DDD American Samoa 52.2479 Transportation and land-use con 52.2820 Identification of plan. trol.

52.2821 Classification of regions. 52.2480 [Reserved)

52.2822 Approval status. 52.2481 Compliance schedules.

52.2823 Attainment dates for national 52 2482 Alr quality surveillance,

standards. 52 2483 Resources. 52.2484 Control strategy: Carbon monoxide

Subpart EEE—Approval and Promulgation of

and photochemical oxidants (hy-

52.2850 Approval and promulgation of im.

plementation plans. Subpart XX-West Virginia

AUTHORITY: 40 0.8.0. 1857c-5, 42 U.S.C. 522520 Identification of plan.

18570-5 and 6; 18578(a), 52.2521 Classification of regions. 52 2522 Approval status.

Subpart A-General Provisions 52.2523 Attainment dates for national

SOURCE: 37 FR 10846, May 31, 1972, unless standards.

otherwise noted. 52.2524 Compliance schedules. Subpart Vy-Wisconsin

$ 52.01 Definitions. 52.2570 Identification of plan.

All terms used in this part but not de52.2671 Classification of regions.

fined herein shall have the meaning 52 2572 Approval status.

given them in the Clean Air Act and in 52.2573 General requirements.

Parts 51 and 60 of this chapter.

265 97-023–73— 18

(a) The term "stationary source" the applicable plan for purposes of the means any building, structure, facility, or Act. installation which emits or may emit an (c) Where nonregulatory provisions of air pollutant for which a national stand- & plan are disapproved, the disapproval ard is in effect.

is noted in this part and a detailed (b) The term "commenced" means evaluation is provided to the State, but that an owner or operator has under- no substitute provisions are promulgated taken a continuous program of construc- by the Administrator. tion or modification.

(d) All approved regulatory provi(c) The term "construction" means sions of each plan are incorporated by fabrication, erection, or installation. reference in this part. Regulatory provi

(d) The term "modification" means sions of a plan approved or promulgated any physical change in, or change in by the Administrator are enforceable by method of operation of, a stationary the Administrator and the State, and by source which increases the amount of local agencies in accordance with their any air pollutant emitted by such source assigned responsibilities under the plan. or which results in the emission of any (e) Each State's plan is dealt with in air pollutant not previously emitted. a separate subpart, which includes an

(e) The term “startup” means the set- introductory section identifying the plan ting in operation of a source for any by name and the date of its submittal, a purpose.

section classifying regions, and a section (f) The term "owner or operator" setting forth dates for attainment of the means any person who owns, leases, op national standards. Additional sections erates, controls, or supervises a sta are included as necessary to specifically tionary source.

identify disapproved provisions, to set (g) The term "heat input" means the forth reasons for disapproval, and to set total gross calorific value (where gross forth provisions of the plan promulgated calorific value is measured by ASTM by the Administrator. Except as otherMethod D2015–66, D240-64, or D1826–64) wise specified, all supplemental informaof all fuels burned.

tion submitted to the Administrator with (h) The term “total rated capacity" respect to any plan has been submitted means the sum of the rated capacities of by the Governor of the State. all fuel-burning equipment connected to (f) Revisions to applicable plans will a common stack. The rated capacity shall be included in this part when approved be the maximum guaranteed by the or promulgated by the Administrator. equipment manufacturer or the maxi (37 FR 10846, May 31, 1972, as amended at mum normally achieved during use, 37 FR 15080, July 27, 1972) whichever is greater.

$ 52.03 Extensions. (37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973]

Each subpart includes the Administra

tor's determination with respect to any $ 52.02 Introduction.

request under section 110(b) of the Act (a) This part sets forth the Adminis- for an extension of the deadline for subtrator's approval and disapproval of mitting that portion of a plan which State plans and the Administrator's pro implements a secondary standard or any mulgation of such plans or portions request under section 110(e) of the Act thereof. Approval of a plan or any por for an extension of the 3-year deadline tion thereof is based upon a determina for attainment of a primary standard. tion by the Administrator that such plan

$ 52.04 Classification of regions. or portion meets the requirements of section 110 of the Act and the provisions

Each subpart sets forth the priority of Part 51 of this chapter.

classification, by pollutant, for each re(b) Any plan or portion thereof pro

gion in the State. Each plan for each mulgated by the Administrator sub

region was evaluated according to the stitutes for a State plan or portion

requirements of Part 51 of this chapter thereof disapproved by the Administra

applicable to regions of that priority. tor or not submitted by a State, or sup

$ 52.05 Public availability of emission plements a State plan or portion thereof.

data. The promulgated provisions, together Each subpart sets forth the Adminiswith any portions of a State plan ap- trator's disapproval of plan procedures proved by the Administrator, constitute for making emission data available to the public after correlation with appli- ments of the plan no later than the date cable emission limitations, and includes specified in this part for attainment of the promulgation of requirements that the national standard which the require. sources report emission data to the Ad- ment is intended to implement. ministrator for correlation and public (b) A control strategy may be disapdisclosure.

proved as inadequate because it is not

sufficiently comprehensive, although all 8 52.06 Legal authority.

regulations provided to carry out the (a) The Administrator's determina strategy may themselves be approved. In tion of the absence or inadequacy of legal this case, regulations for carrying out authority required to be included in the necessary additional measures are proplan is set forth in each subpart. This mulgated in the subpart. includes the legal authority of local (c) Where a control strategy is adeagencies and State governmental agen quate to attain and maintain a national cies other than an air pollution control standard but one or more of the regulaagency if such other agencies are as- tions to carry it out is not adopted or signed responsibility for carrying out a not enforceable by the State, the control plan or portion thereof.

strategy is approved and the necessary (b) No legal authority as such is regulations are promulgated by the promulgated by the Administrator. Administrator. Where required regulatory provisions are (d) Where a control strategy is adenot included in the plan by the State quate to attain and maintain air quality because of inadequate legal authority, better than that provided for by a nasubstitute provisions are promulgated tional standard but one or more of the by the Administrator.

regulations to carry it out is not adopted (c) Where a State plan did not clearly or not enforceable by the State, the conset forth a timetable for obtaining legal trol strategy is approved and substitute authority to establish transportation and regulations necessary to attain and land-use controls necessary to attain or maintain the national standard are maintain the national standards, the promulgated. subpart sets forth a timetable for the [37 FR 10846, May 31, 1972, as amended at acquisition of such authority and the 37 FR 19807, Sept. 22, 1972) adoption of the necessary control measures. The State's failure to comply with $ 52.08 Rules and regulations. the timetable set forth in the subpart Each subpart identifies the regulations, will be grounds for promulgation of the including emission limitations, which are required measures by the Administrator. disapproved by the Administrator, and 8 52.07 Control strategies.

includes the regulations which the

Administrator promulgates. (a) Each subpart specifies in what respects the control strategies are ap $ 52.09 Compliance schedules. proved or disapproved. Where emission (a) In each subpart, compliance limitations with a future effective date

schedules disapproved by the Adminisare employed to carry out a control

trator are identified, and compliance strategy, approval of the control strategy

schedules promulgated by the Adminisand the implementing regulations does

trator are set forth. not supercede the requirements of $ 51.15

(b) Individual source compliance of this chapter relating to compliance

schedules submitted with certain plans schedules for individual sources or cate- have not yet been evaluated, and are gories of sources. Compliance schedules

not approved or disapproved. for individual sources or categories of sources must require such sources to

8 52.10 Review of new sources and mod. comply with applicable requirements of ifications. į . the plan as expeditiously as practicable, In any plan where the review procewhere the requirement is part of a con dure for new sources and source modifitrol strategy designed to attain a primary cations does not meet the requirements standard, or within a reasonable time, of $ 51.18 of this chapter, provisions are where the requirement is part of a con- promulgated which enable the Administrol strategy designed to attain a sec- trator to obtain the necessary informaondary standard. All sources must be re- tion and to prevent construction or quired to comply with applicable require modification.

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