§ 52.11

Prevention of air pollution emergency episodes.

(a) Each subpart identifies portions of the air pollution emergency episode contingency plan which are disapproved, and sets forth the Administrator's promulgation of substitute provisions.

(b) No provisions are promulgated to replace any disapproved air quality monitoring or communications portions of a contingency plan, but detailed critiques of such portions are provided to the State.

(c) Where a State plan does not provide for public announcement regarding air pollution emergency episodes or where the State fails to give any such public announcement, the Administrator will issue a public announcement that an episode stage has been reached. When making such an announcement, the Administrator will be guided by the suggested episode criteria and emission control actions suggested in Appendix L of Part 51 of this chapter or those in the approved plan.

[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]

§ 52.12 Source surveillance.

(a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary provisions for requiring sources to maintain records, make reports, and submit information.

(b) No provisions are promulgated for any disapproved State or local agency procedures for testing, inspection, investigation, or detection, but detailed critiques of such portions are provided to the State.

(c) For purposes of Federal enforcement, emissions from sources subject to provisions of a plan which did not specify a test procedure or subject to provisions promulgated by the Administrator will be tested by means of the procedures and methods prescribed in the appendix to Part 60 of this title, and emissions from sources subject to approved provisions of a plan wherein a test procedure was specified will be tested by the specified procedure.

§ 52.14 State ambient air quality standards.

Any ambient air quality standard submitted with a plan which is less stringent than a national standard is not considered part of the plan.

§ 52.15 Public availability of plans.

Each State shall make available for public inspection at least one copy of the plan in at least one city in each region to which such plan is applicable. All such copies shall be kept current. § 52.16 Submission to Administrator.

All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted in duplicate and addressed to the appropriate Regional Office of the Environmental Protection Agency, to the attention of the Director, Enforcement Division. The Regional Offices are as follows:

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Building, Boston, Mass. 02203.

Region II (New York, New Jersey, Puerto Rico, Virgin Islands) Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 10007.

Region III (Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, West Virginia) Curtis Building, Sixth and Walnut Streets, Philadelphia, PA 19106.

Region IV (Alabama, Florida, Georgia, Mississippi, Kentucky, North Carolina, South Carolina, Tennessee) Suite 300, 1421 Peachtree Street, Atlanta, GA 30309.

Region V (Illinois, Indiana, Minnesota, Michigan, Ohio, Wisconsin) 1 North Wacker Drive, Chicago, IL 60606.

Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) 1600 Paterson Street, Dallas, TX 75201.

Region VII (Iowa, Kansas, Missouri, Nebraska) 1735 Baltimore Street, Kansas City, MO 64108.

Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) 916 Lincoln Towers, 1860 Lincoln Street, Denver, CO 80203.

Region IX (Arizona, California, Hawaii, Nevada, Guam, American Samoa) 100 California Street, San Francisco, CA 94111.

Region X (Washington, Oregon, Idaho, Alaska) 1200 Sixth Avenue, Seattle, WA 98101.

[37 FR 19808, Sept. 22, 1972]

§ 52.17 Severability of provisions.

The provisions promulgated in this part and the various applications thereof are distinct and severable. If any provision of this part or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of such provision to other persons or circumstances which can be given effect without the invalid provision or application.

[37 FR 19808, Sept. 22, 1972]

§ 52.18 Abbreviations.

Abbreviations used in this part shall be those set forth in part 60 of this chapter. [38 FR 12698, May 14, 1973]

After notice and opportunity for hearing in each affected State, the Administrator may revise any provision of an applicable plan, including but not limited to provisions specifying compliance schedules, emission limitations, and dates for attainment of national standards; if: (a) The provision was promulgated by the Administrator, and

(b) The plan, as revised, will be consistent with the act and with the requirements applicable to implementation plans under part 51 of this chapter. [38 FR 12698, May 14, 1973]

Each subpart contains a section which specifies the latest dates by which national standards are to be attained in each region in the State. Every individual source subject to a control strategy requirement set forth in the plan must comply with such requirement no later than the specified attainment date. However, the specification of attainment dates for national standards does not relieve any State from the provisions of § 51.15 of this chapter which require all sources and categories of sources to comply with applicable requirements of the plan

(a) As expeditiously as practicable where the requirement is part of a control strategy designed to attain a primary standard, and

(b) Within a reasonable time where the requirement is part of a control

Subsequent to May 31, 1972, the Administrator reviewed State implementation plans to determine whether or not the plans permit or prevent significant deterioration of air quality in any portion of any State where the existing air quality is better than one or more of the secondary standards. The review indicates that State plans generally do not contain regulations or procedures specifically addressed to this problem. Accordingly, all State plans are disapproved to the extent that such plans lack procedures or regulations for preventing significant deterioration of air quality in portions of States where air quality is now better than the secondary standards. The disapproval applies to all States listed in Subparts B through DDD of this part. Nothing in this section shall invalidate or otherwise affect the obligations of States, emission sources, or other persons with respect to all portions of plans approved or promulgated under this part.

[37 FR 23836, Nov. 9, 1972]

§ 52.22 Maintenance of national standards.

Subsequent to January 31, 1973, the Administrator reviewed again State implementation plan provisions for insuring the maintenance of the national standards. The review indicates that the State plans generally do not contain regulations or procedures which adequately address this problem. Accordingly, all State plans are disapproved with respect to maintenance because such plans lack enforceable procedures or regulations for reviewing and preventing construction or modification of facilities which will result in an increase of emissions from other sources of pollutants for which there are national standards. The disapproval applies to all States listed in subparts B through DDD of this part. Nothing in this section shall invalidate or otherwise affect the obligations of States, emission sources, or other persons with respect to all portions of plans approved or promulgated under this part. Pursuant to an order of the U.S. Court of Appeals for the District of Columbia Circuit entered on January 31, 1973, and modified on March 12,

III

IA

III

With the exceptions set forth in this subpart, the Administrator approves Alaska's plan for the attainment and maintenance of the national standards. The State included in the plan a regulation prohibiting idling of unattended motor vehicles. However, the plan stated that this regulation was included for informational purposes only, and was not to be considered part of the control strategy to implement the national standards for carbon monoxide. Accordingly, this regulation is not considered a part of the applicable plan. [37 FR 15080, July 27, 1972]

(a) The requirements of § 51.11 of this chapter are not met since in:

(1) Cook Inlet Air Resources Management District:

(1) Authority to require recordkeeping is inadequate (§ 51.11(a) (5) of this chapter).

(11) Authority to require installation of monitoring devices is inadequate (§ 51.11(a) (6) of this chapter).

(i) Authority to make emission data available to the public is inadequate (§ 51.11(a) (6) of this chapter).

(iv) Authority to obtain injunctions is Inadequate (§ 51.11(a) (2) of this chapter).

(2) Fairbanks North Star Borough: (1) Authority to obtain injunctions is inadequate (§ 51.11(a)(2) of this chapter).

III

III

(ii) Authority to require recordkeeping is inadequate (§ 51.11(a)(5) of this chapter).

(iii) Authority to require installation of monitoring devices is inadequate (§ 51.11(a) (6) of this chapter).

(iv) Authority to make emissions data available to the public is inadequate since 45.05130 of the Fairbanks North Star Borough ordinance could require it to be confidential (§ 51.11(a)(6) of this chapter).

(v) Authority to abate emergency air pollution episodes is inadequate because 45.05.100 of the Fairbanks North Star Borough ordinance is limited to generalized conditions of air pollution and because the order of the Commission is subject to review de novo (§ 51.11(a) (3) of this chapter).

(vi) Authority for necessary transportation control is not set forth nor is a timetable for obtaining it included (§ 51.11(b) of this chapter). [37 FR 15080, July 27, 1972] § 52.75

[Reserved]