(ii) Authority to require recordkeeping is lacking (§ 51.11(a) (5) of this chapter). (iii) Authority to make emission data available to the public is inadequate because section 2A-42 of the Springfield City Code requires confidential treatment of such data in certain circumstances (§ 51.11(a) (6) of this chapter). [37 FR 23090, Oct. 28, 1972]

§ 52.1326 Control strategy: Nitrogen di. oxide.

(a) The requirements of § 51.14 (c) (3) of this chapter are not met since the plan does not provide for the degree of nitrogen oxides emission reduction attainable through the application of reasonably available control technology in the Metropolitan St. Louis Interstate Region. § 52.1327 Prevention of air pollution emergency episodes.

(a) The requirements of § 51.16 of this chapter are not met in Springfield in the Southwest Missouri Intrastate Region, since the Springfield-Greene Department of Health does not have the legal authority to abate emissions on an emergency basis.

(b) Regulation for emission control action program (city of Springfield). (1) The owner or operator of any stationary source in the city of Springfield which emits 100 tons (90.7 metric tons) or more per year of particulate matter shall prepare and submit to the Administrator a standby plan for reducing or elminating emissions of particulate matter during periods of Yellow Alert, Red Alert, or Emergency Alert, as defined in the Air Pollution Control Regulations of the Springfield-Greene County area.

(1) Each such plan shall be submitted within 90 days of the effective date of this regulation and shall be subject to review and approval by the Administrator. Any such plan will be approved unless the Administrator notifies the owner or operator within 60 days that such plan has been disapproved. The Administrator will set forth his reasons for any disapproval.

(ii) Each such plan shall identify the specific facility from which particulate matter is emitted, the manner in which reduction of emissions will be achieved during a Yellow Alert, Red Alert, or Emergency Alert, and the approximate reduction in emissions to be achieved by each reduction measure.

(iii) During a Yellow Alert, Red Alert, or Emergency Alert, a copy of such plan shall be made available on the source premises for inspection by the Administrator.

(2) Upon notification by the Administrator or appropriate city official that a Yellow Alert, Red Alert, or Emergency Alert has been declared, the owner or operator of each source which has a standby plan approved by the Administrator shall implement the emission reduction measures specified in such plan.

(3) Any owner or operator of a stationary source in the city of Springfield not subject to the requirements of subparagraph (1) of this paragraph shall, when requested by the Administrator in writing, prepare and submit a standby plan in accordance with this paragraph. [37 FR 10875, May 31, 1972, as amended at 37 FR 23090, Oct. 28, 1972]

§§ 52.1328-52.1330

[Reserved]

a. July 1975.

(a) To complete the requirements of §§ 51.11(b) and 51.14 of this chapter, the Governor of Missouri 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 the Federal Motor Vehicle Control Program, will attain and maintain the national standards for carbon monoxide in the Metropolitan Kansas 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 7328, Mar. 20, 1973]

monoxide.

strategy:

Carbon

(a) Due to the late submission of the plan revisions, the Administrator disapproves this portion 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 16566, June 22, 1973]

Subpart BB-Montana

SOURCE: 37 FR 10877, May 31, 1972, unless otherwise noted.

§ 52.1370 Identification of plan.

(a) Title of plan: "Implementation Plan for Control of Air Pollution in Montana."

(b) The plan was officially submitted on March 22, 1972.

(c) Supplemental information was submitted on:

(1) May 10, 1972, by the Montana State Department of Health and Environmental Sciences, and

(2) June 26, 1972.

[37 FR 10877, May 31, 1972, as amended at 37 FR 15084, July 27, 1972]

(a) The Administrator hereby extends for 2 years the attainment date for the primary standards for sulfur oxides in the Helena Intrastate Region.

(b) The Administrator hereby extends for 18 months the statutory timetable for submission of the plan for the attainment and maintenance of the secondary standards for sulfur oxides in the Helena Intrastate Region.

[37 FR 15085, July 27, 1972]

Subpart CC-Nebraska

SOURCE: 37 FR 10877, May 31, 1972.

§ 52.1420 Identification of plan.

(a) Title of plan: “Air Quality Imple

With the exceptions set forth in this subpart, the Administrator approves Nebraska's plan for the attainment and maintenance of the national standards. § 52.1423 General requirements.

(a) The requirements of § 51.10(e) of this chapter are not met since the plan does not set forth procedures by which emission data as correlated with allowable emissions will be made available to the public.

(b) Regulation for public availability of emission data.-Emission data obtained from owners or operators of stationary sources pursuant to § 52.1429 (f) 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 Nebraska

where such emission data and correlations will be available for public inspection.

[37 FR 10877, May 31, 1972, as amended at, 38 FR 12699, May 15, 1973]

§ 52.1424 Legal authority.

(a) The requirements of § 51.11(a) (6) of this chapter are not met since .s27 of the Nebraska Legislative Bill 939 may preclude the release of emission data to the public in certain circumstances. (b) (1) [Reserved]

(2) Lincoln-Lincoln-Lancaster County Health Department:

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

(ii) Authority to require installation of monitoring devices or make periodic report is inadequate. [§ 51.11(a) (6) of this chapter]

[37 FR 10877, May 31, 1972; 37 FR 15085, July 27, 1972; 38 FR 12699, May 14, 1973]

§ 52.1425

Compliance schedules.

(a) The requirements of § 51.15(a) (1) and (2) of this chapter are not met since Rule 7(b), "Rules and Regulations Implementing Nebraska Ambient Air Quality Standards," does not contain legally enforceable compliance schedules setting forth the dates by which all existing stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Nebraska Rule 7(b) specifies that all existing sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification of violation from the State. There are no assurances in the plan that existing sources will be notified by the State in a timely manner, therefore, Rule 7(b) is disapproved.

(b) Federal compliance schedule.(1) Except as provided in paragraph (b) (2) of this section, any owner or operator of a source subject to rules 12, 13, 14, 16, 18, 20, or 21 of "Rules and Regulations Implementing Nebraska Ambient Air Quality Standards," or § 52.1432(b) shall comply with such rule or regulation on or before January 31, 1974.

(i) Any owner or operator in compliance with such rule or regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph.

(ii) Any owner or operator who achieves compliance with such rule or 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) Any owner or operator of a stationary source subject to paragraph (b) (1) of this section may, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with any rule or regulation specified in paragraph (b) (1) 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: submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of com

ponent parts to accomplish emission control or process modification; initiation of onsite construction or installation or emission control equipment or process change; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.

(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) The owner or operator of a stationary source subject to § 52.1429(g) shall comply with such regulation on the date such owner or operator is required under this paragraph to comply with § 52.1432(b).

(5) 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 15085, July 27, 1972, as amended at 38 FR 12699, May 14, 1973]

§§ 52.1426–52.1427 [Reserved] § 52.1428 Review of new

sources and modifications: Rules and regulations.

(a) The requirements of § 51.18 of this chapter are not met since Rule 3, "Rules and Regulations Implementing Nebraska Ambient Air Quality Standards," applies only to those sources subject to Federal standards under Part 60 of this chapter.

(b) The requirements of § 51.18(c) of this chapter are not met in the Nebraska portion of the Metropolitan OmahaCouncil Bluffs Interstate Region since the city of Omaha Permits and Inspection Division has not adopted procedures to disapprove construction or modification of sources if such construction or modification would interfere with attainment or maintenance of a national standard.

(c) The requirements of § 51.18 of this chapter are not met in the LincolnBeatrice-Fairbury Intrastate Region since the Lincoln-Lancaster County Health Department has not adopted regulations to prevent construction of new sources which would violate applicable portions of the control strategy or would interfere with attainment and maintenance of the national standards.

(d) Regulations for review of new sources and modifications.-(1) This requirement is applicable to any station