§ 52.728 Transportation and land use controls.

(a) To complete the requirements of §§ 51.11(b) and 51.14 of this chapter, the Governor of Illinois must submit to the Administrator:

(1) No later than April 15, 1973, a transportation and/or land use control strategy and a demonstration that said strategy, along with Illinois' presently adopted stationary source emission limitations for carbon monoxide and the Federal Motor Vehicle Control Program, will attain and maintain the national standards for carbon monoxide in the Illinois portion of the Metropolitan Chicago Interstate Region by May 31, 1975. By such date (April 15, 1973), the State also must submit a detailed timetable for implementing the legislative authority, regulations, and administrative policies required for carrying out the transportation and/or land use control strategy by May 31, 1975.

(2) No later than July 30, 1973, the legislative authority that is needed for carrying out such strategy.

(3) No later than December 30, 1973, the necessary adopted regulations and administrative policies needed to implement such strategy.

[38 FR 7326, Mar. 20, 1973]

trol program, will attain and maintain the national standards for carbon monoxide in the Illinois portion of the Metropolitan Chicago interstate region by May 31, 1975, have not been adopted for submission as required.

[38 FR 16565, June 22, 1973]

§ 52.730 Compliance schedules.

(a) The requirements of § 51.15(c) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. [38 FR 16145, June 20, 1973]

attainment or maintenance of a national standard is inadequate (§ 51.11(a) (4) of this chapter).

(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).

(3) Gary:

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

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

(4) Hammond:

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

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

(5) Indianapolis:

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

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

(6) Michigan City:

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

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

(7) Wayne County:

(i) Authority to require recordkeeping and to make inspections and conduct tests of air pollution sources is inadequate (§ 51.11(a)(5) of this chapter).

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

(iii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§ 51.11 (a) (4) of this chapter).

(8) Lake County:

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

(ii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the

attainment or maintenance of a national standard is inadequate (§ 51.11(a) (4) of this chapter).

(9) St. Joseph County:

(i) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§ 51.11 (a) (4) of this chapter).

(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).

(10) Vigo County:

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

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

(iii) Authority to prevent construction, modification, or operation of any stationary source at any location where emissions from such source will prevent the attainment or maintenance of a national standard is inadequate (§ 51.11 (a) (4) of this chapter).

(11) Anderson County:

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

(a) The requirements of § 51.13 of this chapter are not met since the plan does not provide for attainment and maintenance of the secondary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region.

(b) APC 4-R of Indiana's "Air Pollution Control Regulations” (emission limitation for particulate matter from fuel combustion sources), which is part of the control strategy for the secondary standards for particulate matter, is disapproved for the Metropolitan Indianapolis Intrastate Region since it does not provide the degree of control needed to attain and maintain the secondary standards for particulate matter. APC 4-R is approved for attainment and maintenance of the primary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region. [37 FR 15084, July 27, 1972]

§ 52.777 Control strategy: Photochem

ical oxidants (hydrocarbons).

(a) The requirements of § 51.14 of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for photochemical oxidants (hydrocarbons) in the Metropolitan Indianapolis Intrastate region by May 31, 1975.

[38 FR 16565, June 22, 1973]

§ 52.778 Compliance schedules.

(a) The requirements of § 51.15(c) of this chapter are not met since the compliance schedules for sources of nitrogen oxides extend over a period of more than 18 months and periodic increments of progress are not included.

[38 FR 12698, May 14, 1973]

§ 52.779 Air quality surveillance.

The requirements of § 51.17(c) of this chapter are not met since the monitoring stations selected for use during any air pollution emergency episode stage are not to be in operation within 1 year after the date of the Administrator's approval of the plan.

[37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973]

§ 52.780 Review of new sources and

modifications.

(a) The requirements of § 51.18(a) of this chapter are not met since the plan does not contain adequate procedures to enable the State to determine whether construction or modification of stationary sources will result in violations of applicable portions of the control strategy and APC-1 of Indiana's "Air Pollution Control Regulations" is disapproved.

(b) The requirements of $51.18(c) of this chapter are not met since the plan does not have legally enforceable procedures that include a means of disapproving construction or modification of stationary sources.

(c) The requirements of § 51.18(d) of this chapter are not met since the plan does not indicate that approval of any construction or modification shall not affect the responsibility of the owner or operator of a source to comply with applicable portions of the control strategy.

(d) Replacement regulation for APC1 of Indiana's "Air Pollution Control Regulations".-(1) This requirement is applicable to any stationary source in the State of Indiana, the construction or modification of which is commenced

after the effective date of this regulation.

(2) No owner or operator shall commence construction or modification of any stationary source after the effective date of this regulation without first obtaining approval from the Administrator of the location and design of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator,

(ii) A separate application is required for each source.

(iii) Each application shall be signed by the applicant.

(iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled.

(v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request.

(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that:

(i) The source will operate without causing a violation of any local, State, or Federal regulation which is part of the applicable plan; and

(ii) The source will not prevent or interfere with attainment or maintenance of any national standard.

(4) The Administrator will act within 60 days on an application and will notify the applicant in writing of his approval, conditional approval, or denial of the application. The Administrator will set forth his reasons for any denial.

(5) The Administrator may impose any reasonable conditions upon an approval, including conditions requiring the source to be provided with:

(i) Sampling ports of a size, number, and location as the Administrator may require,

(ii) Safe access to each port,

(iii) Instrumentation to monitor and record emission data, and

(iv) Any other sampling and testing facilities.

(6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.

(7) Any owner or operator subject to the provisions of this regulation shall

furnish the Administrator written notification as follows:

(i) A notification of the anticipated Idate of initial startup of a source not more than 60 days or less than 30 days prior to such date.

(ii) A notification of the actual date of initial startup of a source within 15 days after such date.

(8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test.

(i) Such test shall be at the expense of the owner or operator.

(ii) The Administrator may monitor such test and may also conduct performance tests.

(iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.

(iv) The Administrator may waive the requirement of peerformance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with all local, State, and Federal regulations which are part of the applicable plan.

(9) Approval to construct or modify shall not be required for:

(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.

(ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.

(iii) Fuel burning equipment, other than smokehouse generators, has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 0.5 grain HS per 100 stdft2 (5.7 g/100 stdm3); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and

burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.

(iv) Mobile internal combustion engines..

(v) Laboratory equipment used exclusively for chemical or physical analysis.

(vi) Other sources of minor significance as specified by the Administrator.

(10) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with all local, State, and Federal regulations which are part of the applicable plan.

[37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973]

§ 52.781 Rules and regulations.

(a) [Reserved]

(b) A part of the second sentence in section 3, APC-17, which states "Where there is a violation or potential violation of ambient air quality standards, existing emission sources or any existing air pollution control equipment shall comply with this regulation * * *", is disapproved since it makes the regulation unenforceable by the State agency.

[37 FR 10863, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 38 FR 12698, May 14, 1973]

§ 52.782 Request for 18-month extension.

(a) The requirements of § 51.31(c) of this chapter are not met since the request for an 18-month extension for submitting that portion of the plan that implements the secondary standards for particulate matter in the Metropolitan Indianapolis Intrastate Region does not show that attainment of the secondary standards will require emission reductions exceeding those which can be achieved through the application of reasonably available control technology. § 52.783 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 Indiana's plan, except where noted.