§ 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. § 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 (§ 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 (§ 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 (§ 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 whether such source is in compliance with applicable emission limitations or other control measures.

(2) The information recorded shall be summarized and reported to the Administrator, on forms furnished by the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1-June 30 and July 1-December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements.

(3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures. All such emission data and correlations will be available during normal business hours at the Regional Office (Region VII). The Administrator will designate one or more places in Kansas where such emission data and correlations will be available for public inspection.

[37 FR 10867, May 31, 1972, as amended at 37 FR 19809, Sept. 22, 1972]

§ 52.876 Compliance schedules.

(a) The requirements of § 51.15(a) (1) and (2) of this chapter are not met since the plan does not contain legally enforceable compliance schedules setting forth the dates by which all stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that all sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification from the State. There are no assurances that all sources will be notified by the State in a timely manner, therefore, paragraphs C and D of Regulation 28–19-9 are disapproved.

(b) Federal compliance schedule. (1) Except as provided in subparagraph (2) of this paragraph, the owner or operator of any stationary source subject to any emission regulation which is part of the approved plan shall be in compliance on or before December 31, 1973.

(i) Any owner or operator in compliance with any such applicable regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than December 31, 1972.

(ii) Any owner or operator who achieves compliance with any such applicable regulation after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) An owner or operator of a stationary source subject to any emission regulation approved by the Administrator may no later than December 31, 1972, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with such regulation as expeditiously as practicable, but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress towards compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contracts for construction or process changes, if applicable; initiation of construction; completion and startup of control systems; performance tests; and submittal of performance test analysis and results.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

(4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.

[37 FR 19809, Sept. 22, 1972]

§ 52.877 Prevention of air pollution emergency episodes.

(a) The requirements of § 51.16(b) (1) of this chapter are not met since the plan does not specify adequate episode criteria. The episode criteria are set forth in State Regulation 28-19-56 which is therefore disapproved.

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.

(i) 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.

(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 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 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 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 engines.

combustion

$ 52.880 Transportation and land use controls.

(a) To complete the requirements of 51.11(b) and 51.14 of this chapter, the Governor of Kansas 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 Kansas' 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 Kansas portion of the Metropolitan Kan

sas City 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]

(a) Due to late submission of the plan revisions, the Administrator disapproves this section of the plan because there was insufficient time to analyze and/or include public comment in the approval/ disapproval decision and complete his evaluation by June 15, 1973. [38 FR 16565, June 22, 1973]

Subpart S-Kentucky

SOURCE: 37 FR 10868, May 31, 1972, unless otherwise noted.

§ 52.920 Identification of plan.

(a) Title of plan: "Implementation Plan for the Attainment and Mainte

Air quality control region

Photochemical