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8 52.11 Prevention of air pollution cooperation are identified in each subemergency episodes.
part, and detailed critiques of such por(a) Each subpart identifies portions
tions are provided to the State. No pro
visions of the air pollution emergency episode
are promulgated by the contingency plan which are disapproved,
Administrator. and sets forth the Administrator's pro- & 52.14 State ambient air quality standmulgation of substitute provisions.
ards. (b) No provisions are promulgated to
Any ambient air quality standard subreplace any disapproved air quality
mitted with a plan which is less strinmonitoring or communications portions
gent than a national standard is not conof a contingency plan, but detailed
sidered part of the plan. critiques of such portions are provided to the State.
$ 52.15 Public availability of plans. (c) Where a State plan does not pro
Each State shall make available for vide for public announcement regarding
public inspection at least one copy of air pollution emergency episodes or
the plan in at least one city in each where the State fails to give any such
region to which such plan is applicable. public announcement, the Administrator
All such copies shall be kept current. will issue a public announcement that an episode stage has been reached. When 8 52.16 Submission to Administrator. making such an announcement, the Ad All requests, reports, applications, subministrator will be guided by the sug
mittals, and other communications to gested episode criteria and emission con the Administrator pursuant to this part trol actions suggested in Appendix L of
shall be submitted in duplicate and adPart 51 of this chapter or those in the
dressed to the appropriate Regional approved plan.
Office of the Environmental Protection [37 FR 10846, May 31, 1972, as amended at Agency, to the attention of the Director, 37 FR 19807, Sept. 22, 1972]
Enforcement Division. The Regional $ 52.12 Source surveillance.
Offices are as follows: (a) Each subpart identifies the plan
Region I (Connecticut, Maine, Massachu. provisions for source surveillance which
setts, New Hampshire, Rhode Island, Ver
mont), John F. Kennedy Federal Building, are disapproved, and sets forth the Ad
Boston, Mass. 02203. ministrator's promulgation of necessary Region II (New York, New Jersey, Puerto provisions for requiring sources to main Rico, Virgin Islands) Federal Omce Building, tain records, make reports, and submit 26 Federal Plaza (Foley Square), New York, information.
NY 10007. (b) No provisions are promulgated for
Region III (Delaware, District of Columany disapproved State or local agency
bia, Pennsylvania, Maryland, Virginia, West
Virginia) Curtis Building, Sixth and Walnut procedures for testing, inspection, in
Streets, Philadelphia, PA 19106. vestigation, or detection, but detailed
Region IV (Alabama, Florida, Georgia, critiques of such portions are provided Mississippi, Kentucky, North Carolina, South to the State.
Carolina, Tennessee) Suite 300, 1421 Peach(c) For purposes of Federal enforce tree Street, Atlanta, GA 30309. ment, emissions from sources subject to
Region V (Illinois, Indiana, Minnesota, provisions of a plan which did not spec Michigan, Ohio, Wisconsin) i North Wacker ify a test procedure or subject to pro
Drive, Chicago, IL 60606. visions promulgated by the Administra
Region VI (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas) 1600 Paterson tor will be tested by means of the
Street, Dallas, TX 75201. procedures and methods prescribed in
Region VII (Iowa, Kansas, Missouri, the appendix to Part 60 of this title, and Nebraska) 1735 Baltimore Street, Kansas emissions from sources subject to ap- City, MO 64108. proved provisions of a plan wherein a Region VIII (Colorado, Montana, North test procedure was specified will be Dakota, South Dakota, Utah, Wyoming) 916 tested by the specified procedure.
Lincoln Towers, 1860 Lincoln Street, Denver,
CO 80203. 8 52.13 Air quality surveillance; re
Region IX (Arizona, California, Hawall, sources; intergovernmental coopera
Nevada, Guam, American Samoa) 100 Calltion.
fornia Street, San Francisco, CA 94111.
Region X (Washington, Oregon, Idabo, Disapproved portions of the plan re- Alaska) 1200 Sixth Avenue, Seattle, WA lated to the air quality surveillance sys
98101. tem, resources, and intergovernmental (37 FR 19808, Sept. 22, 1972)
$ 52.17 Severability of provisions. strategy designed to attain a secondary
standard. The provisions promulgated in this part and the various applications thereof
(37 FR 19808, Sept. 22, 1972) are distinct and severable. If any provi $ 52.21 Significant deterioration of air sion of this part or the application quality. thereof to any person or circumstances
Subsequent to May 31, 1972, the Adis held invalid, such invalidity shall not
ministrator reviewed State implementaaffect other provisions or application of
tion plans to determine whether or not such provision to other persons or cir
the plans permit or prevent significant cumstances which can be given effect
deterioration of air quality in any porwithout the invalid provision or
tion of any State where the existing air application.
quality is better than one or more of (37 FR 19808, Sept. 22, 1972)
the secondary standards. The review in$ 52.18 Abbreviations.
dicates that State plans generally do not Abbreviations used in this part shall be
contain regulations or procedures spe
cifically addressed to this problem. ACthose set forth in part 60 of this chapter.
cordingly, all State plans are disapproved [38 FR 12698, May 14, 1973)
to the extent that such plans lack pro$ 52.19 Revision of plans by Administra cedures or regulations for preventing tor.
significant deterioration of air quality After notice and opportunity for hear
in portions of States where air quality is
now better than the secondary standing in each affected State, the Adminis
ards. The disapproval applies to all trator may revise any provision of an ap
States listed in Subparts B through DDD plicable plan, including but not limited
of this part. Nothing in this section shall to provisions specifying compliance invalidate or otherwise affect the obligaschedules, emission limitations, and dates tions of States, emission sources, or other for attainment of national standards; if: persons with respect to all portions of
(a) The provision was promulgated by plans approved or promulgated under the Administrator, and
this part. (b) The plan, as revised, will be con (37 FR 23836, Nov. 9, 1972) sistent with the act and with the re 8 52.22 Maintenance of national standquirements applicable to implementation
ards. plans under part 51 of this chapter.
Subsequent to January 31, 1973, the [38 FR 12698, May 14, 1973)
Administrator reviewed again State im8 52.20 Attainment dates for national plementation plan provisions for insurstandards.
ing the maintenance of the national
standards. The review indicates that the Each subpart contains a section which
State plans generally do not contain specifies the latest dates by which na
regulations or procedures which adetional standards are to be attained in quately address this problem, Accordeach region in the State. Every individual ingly, all State plans are disapproved source subject to a control strategy re with respect to maintenance because quirement set forth in the plan must such plans lack enforceable procedures comply with such requirement no later
or regulations for reviewing and preventthan the specified attainment date. How
ing construction or modification of
facilities which will result in an increase ever, the specification of attainment
of emissions from other sources of poldates for national standards does not re
lutants for which there are national lieve any State from the provisions of
standards. The disapproval applies to all $ 51.15 of this chapter which require all
States listed in subparts B through DDD sources and categories of sources to com.
of this part. Nothing in this section shall ply with applicable requirements of the invalidate or otherwise affect the obliplan
gations of States, emission sources, or (a) As expeditiously as practicable other persons with respect to all porwhere the requirement is part of a con- tions of plans approved or promulgated trol strategy designed to attain a primary under this part. Pursuant to an order of standard, and
the U.S. Court of Appeals for the Dis(b) Within a reasonable time where trict of Columbia Circuit entered on Janthe requirement is part of a control uary 31, 1973, and modified on March 12,
$ 52.52 [Reserved]
The Administrator approves Alabama's plan for the attainment and maintenance of the national standards. $ 52.54 Attainment dates for national standards.
The following table presents the latest dates by which the national standards are to be attained. These dates reflect the information presented in Alabama's plan.
d2 East Alabama Intrastate
dad Metropolitan Birmingham
May 31, Intrastate
179 May 31, Interstate a ja la
a ni 1975 Southeast Alabana Intrastate c a ld
d 1 oups Tennessee River Valley
suti | (Alabama)-Cumberiand
as ir too 2. July 1975. b. 5 years from plan approval or promulgation. c. Air quality levels presently below primary standards. d. Air quality levels presently below secondary standards. (37 PR 10848, May 31, 1972, as amended at 38 FR 7324, Mar. 20, 1973; 38 FR 12702, May 14, 1973; 38 FR 16664, June 22, 1973] $ 52.55 [Reserved]
Subpart C—Alaska SOURCE: 37 FR 10848, May 31, 1972, unless otherwise noted. 8 52.70 Identification of plan.
(a) Title of plan: “State of Alaska Air Quality Control Plan." (b) The plan was officially submitted on April 25, 1972.
(c) Supplemental information submitted on June 22, 1972. [37 FR 10848, May 31, 1972, as amended at 37 FR 15080, July 27, 1972)
$ 52.71 Classification of regions.
The Alaska plan was evaluated on the basis of the following classifications:
$ 52.72 Approval status.
(ii) Authority to require recordkeepWith the exceptions set forth in this
ing is inadequate ($ 51.11(a) (5) of this subpart, the Administrator approves
(iii) Authority to require installation Alaska's plan for the attainment and maintenance of the national standards.
of monitoring devices is inadequate The State included in the plan a regula
($ 51.11(a) (6) of this chapter). tion prohibiting idling of unattended mo
(iv) Authority to make emissions data
available to the public is inadequate tor vehicles. However, the plan stated that this regulation was included for
since 45.05130 of the Fairbanks North
Star Borough ordinance could require it informational purposes only, and was not to be considered part of the control
to be confidential ($ 51.11(a) (6) of this strategy to implement the national
chapter). standards for carbon monoxide. Accord
(v) Authority to abate emergency air ingly, this regulation is not considered
pollution episodes is inadequate because a part of the applicable plan.
45.05.100 of the Fairbanks North Star
Borough ordinance is limited to general(37 FR 16080, July 27, 1972)
ized conditions of air pollution and be$ 52.73 [Reserved]
cause the order of the Commission is $ 52.74 Legal authority.
subject to review de novo ($ 51.11(a) (3)
of this chapter). (a) The requirements of $ 51.11 of this
(vi) Authority for necessary transporchapter are not met since in:
tation control is not set forth nor is a (1) Cook Inlet Air Resources Man
timetable for obtaining it included agement District: (1) Authority to require recordkeeping
($ 51.11(b) of this chapter). is inadequate ($ 51.11(a) (5) of this
(37 FR 15080, July 27, 1972) chapter).
$ 52.75 [Reserved] (11) Authority to require installation
$ 52.76 of monitoring devices is inadequate
Control strategy: Carbon mon($ 51.11(a) (6) of this chapter).
oxide. (III) Authority to make emission data (a) The requirements of $ 51.14 of this available to the public is inadequate chapter are not met because the plan ($ 51.11(a) (6) of this chapter).
does not provide for attainment and (iv) Authority to obtain injunctions is
maintenance of the national standards inadequate ($ 51.11(a) (2) of this chap- for carbon monoxide in the Northern ter).
Alaska Intrastate Region by May 31, (2) Fairbanks North Star Borough:
1975. (1) Authority to obtain injunctions is
(38 FR 16564, June 22, 1973] inadequate (8 51.11(a) (2) of this chapter).
88 52.77–52.79 (Reserved]