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$ 52.871 Classification of regions. The Kansas plan was evaluated on the basis of the following classifications:

Pollutant Air quality

Particulate Sulfur | Nitrogen Carbon Photochemical control region matter

dioxide monoxide oxidants

(hydrocarbons

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$ 52.872 [Reserved]
8 52.873 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Kansas' plan for the attainment and maintenance of the national standards. 8 52.874 Legal authority.

(a) The requirements of $ 51.11(a) (6) of this chapter are not met since authority to make emission data available to the public is inadequate. Kansas Statutes Annotated 65–3015 would require confidential treatment if the data related to processes or production unique to the owner or would tend to affect adversely the competitive position of the owner.

(b) The requirements of $ 51.11(f) of this chapter are not met since the following deficiencies exist in the local agency legal authority:

(1) Kansas City, Kans.-Wyandotte County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65–3016 provides a designated local air quality conservation authority with the same authority as the State (8 51.11(a) (6) of this chapter).

(2) Topeka-Shawnee County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65–3016 provides a designated air quality conservation authority with the same authority as the State (8 51.11(a) (6) of this chapter).

(3) Wichita-Sedgwick County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State (8 51.11(a) (6) of this chapter). $ 52.875 General requirements.

(a) The requirements of $ 51.10(e) of this chapter are not met since the plan does not provide procedures for making emission data, as correlated with applicable emission limitations, available to the public.

(b) Regulation for public availability of emission data. (1) The owner or operator of any stationary source in the State of Kansas shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source and/or any other information as may be deemed necessary

by the Administrator to determine (i) Any owner or operator in compliwhether such source is in compliance ance with any such applicable regulation with applicable emission limitations or on the effective date of this paragraph other control measures.

shall certify such compliance to the Ad(2) The information recorded shall be ministrator no later than December 31, summarized and reported to the Admin 1972. istrator, on forms furnished by the Ad (ii) Any owner or operator who ministrator, and shall be submitted with achieves compliance with any such appliin 45 days after the end of the report cable regulation after the effective date ing period. Reporting periods are Jan- of this paragraph shall certify such comuary 1-June 30 and July 1-December 31, pliance to the Administrator within 5 except that the initial reporting period days of the date compliance is achieved. shall commence on the date the Admin (2) An owner or operator of a staistrator issues notification of the record tionary source subject to any emission keeping requirements.

regulation approved by the Administra(3) Information recorded by the tor may no later than December 31, 1972, owner or operator and copies of the sum submit to the Administrator for approval marizing reports submitted to the Ad- a proposed compliance schedule that ministrator shall be retained by the demonstrates compliance with such regowner or operator for 2 years after the ulation as expeditiously as practicable, date on which the pertinent report is but no later than July 31, 1975. The submitted.

compliance schedule shall provide for (4) Emission data obtained from own periodic increments of progress towards ers or operators of stationary sources will compliance. The dates for achievement be correlated with applicable emission of such increments shall be specified. limitations and other control measures. Increments of progress shall include, but All such emission data and correlations not be limited to: Letting of necessary will be available during normal business contracts for construction or process hours at the Regional Office (Region changes, if applicable; initiation of conVII). The Administrator will designate struction; completion and startup of one or more places in Kansas where such control systems; performance tests; and emission data and correlations will be submittal of performance test analysis available for public inspection.

and results. [37 FR 10867, May 31, 1972, as amended at (3) Any owner or operator who sub37 FR 19809, Sept. 22, 1972)

mits a compliance schedule pursuant to 8 52.876 Compliance schedules.

this paragraph shall, within 5 days after (a) The requirements of $ 51.15(a)

the deadline for each increment of prog(1) and (2) of this chapter are not met

ress, certify to the Administrator whether since the plan does not contain legally

or not the required increment of the enforceable compliance schedules setting

approved compliance schedule has been forth the dates by which all stationary

met. sources or categories of such sources (4) Any compliance schedule adopted must be in compliance with applicable by the State and approved by the Adportions of the control strategy. Para ministrator shall satisfy the requiregraphs C and D. of Kansas Regulation ments of this paragraph for the affected 28–19-9 specify that all sources not in source. compliance must submit an acceptable

(37 FR 19809, Sept. 22, 1972] compliance schedule within 120 days after receiving notification from the

8 52.877 Prevention of air pollution

$ 52.877 Preven State. There are no assurances that all

emergency episodes. sources will be notified by the State in a (a) The requirements of $ 51.16(b) (1) timely manner, therefore, paragraphs of this chapter are not met since the plan and D of Regulation 28–19-9 are dis

does not specify adequate episode criteria. approved.

The episode criteria are set forth in State (b) Federal compliance schedule. (1) Except as provided in subparagraph (2)

Regulation 28–19–56 which is therefore of this paragraph, the owner or operator

disapproved. of any stationary source subject to any & 52.878 Review of new sources and emission regulation which is part of the modifications. approved plan shall be in compliance on (a) The requirements of $ 51.18 of this or before December 31, 1973.

chapter are not met since the plan does

not provide legally enforceable procedures to prevent the construction of a new source or the modification of an existing source.

(b) Regulation for review of new sources and modifications:

(1) This requirement is applicable to any stationary source in the State of Kansas, 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.

(1) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.

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

(ii) 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 be operated 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 ap. proval, 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 date of initial startup of the source not more than 60 days or less than 30 days prior to such date, and

(ii) A notification of the actual date of initial startup of the 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 the source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.

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

(i) The installation or alteration of an air pollution 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, which uses gas as a fuel for space heating, air conditioning, or heating water; is used in a private dwelling; or has a heat input of not more than 350,000 B.t.u. per hour (88.2 million gm-cal/hr.).

(iv) Mobile internal combustion engines.

(v) Laboratory equipment used exclu- $ 52.879 Attainment dates for national sively for chemical or physical analyses. standards.

(10) Approval to construct or modify shall not relieve any owner or operator

The following table presents the latest of the responsibility to comply with all dates by which the national standards local, State, and Federal regulations are to be attained. These dates reflect the which are part of the applicable plan. information presented in Kansas' plan, (37 FR 19810, Sept. 22, 1972)

except where noted. -

- P utant Particulate 1 Sulfur

Photochemical Air quality

il matter oxides Nitrogen i Carbon il oxidants control region Pri- Secon Pri-Secon dioxice sonoxide hydrocarbons)

rary dary_ maryl dary

[graphic]

NOTE: Dates or footnotes which are underlined are prescribed by the Administrator because the plan did not provide a specific date or the date provided was not acceptable.

a. July 1975.
b. 5 years from plan approval or promulgation.
c. Air quality levels presently below secondary standards.

d. Transportation and/or land use control strategy to be submitted no later than April 15, 1973. (37 FR 10867, May 31, 1972, as amended at 37 FR 19808, Sept. 22, 1972; 38 FR 7326, Mar. 20, 1973; 38 FR 12702, May 14, 1973) $ 52.880 Transportation and land use sas City Interstate Region by May 31, controls.

1975. By such date (April 15, 1973), the (a) To complete the requirements of State also must submit a detailed time$3 51.11(b) and 51.14 of this chapter, the table for implementing the legislative Governor of Kansas must submit to the authority, regulations, and administraAdministrator:

tive policies required for carrying out () No later than April 15, 1973, a the transportation and/or land use co transportation and/or land use control trol strategy by May 31, 1975. strategy and a demonstration that said (2) No later than July 30, 1973, the strategy, along with Kansas' presently legislative authority that is needed for adopted stationary source emission limi- carrying out such strategy. tations for carbon monoxide and the (3) No later than December 30, 1973, Federal Motor Vehicle Control Program, the necessary adopted regulations and will attain and maintain the national administrative policies needed to implestandards for carbon monoxide in the ment such strategy. Kansas portion of the Metropolitan Kan- (38 FR 7326, Mar. 20, 1973)

$ 52.881 Control strategy: Carbon mon. nance of the National and State Ambient oxide.

Air Quality Standards." (a) Due to late submission of the plan (b) The plan was officially submitted revisions, the Administrator disapproves on February 8, 1972. this section of the plan because there was (c) Supplemental information was insufficient time to analyze and/or in- submitted on: clude public comment in the approval/

(1) March 6 and May 3, 1972, by the disapproval decision and complete his

Kentucky Air Pollution Control Office, evaluation by June 15, 1973. (38 FR 16565, June 22, 1973]

and

(2) March 17 and June 7, 1972. Subpart 5-Kentucky

(37 FR 10868, May 31, 1972, as amended at SOURCE: 37 FR 10868, May 31, 1972, unless 37 FR 15084, July 27, 1972) otherwise noted. & 52.920 Identification of plan.

$ 52.921 Classification of regions. (a) Title of plan: “Implementation The Kentucky plan was evaluated on Plan for the Attainment and Mainte- the basis of the following classifications:

Pollutant
Air quality

Photochemical control region Particulate Sulfur Nitrogen Carbon oxidants

| matter oxides dioxide monoxide (nydrocarbons) Appalachian Intrastate

III
Bluegrass Intrastate III
Evansville (Indiana)-
Oivensboro-lienderson
.(Kentucky) Interstate I

III

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