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ary source specified as follows, the construction or modification of which is commenced after the effective date of this regulation:

(i) All sources in the State of Nebraska not subject to the provisions of part 60 of this chapter and not subject to the jurisdiction of the City of Omaha Permits and Inspection Division.

(ii) All sources in Lancaster County. (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 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 date of initial startup of the 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 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 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 requirements for performance 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 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, which 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 stdft3 (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 specified by the Administrator.

(10) Approval to construct or modify a source 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.

(e) Regulation for review of new sources and modifications (city of Omaha).—(1) The requirements of this paragraph are applicable to any stationary source in the Nebraska portion of the Metropolitan Omaha-Council Bluffs Interstate Region (40 CFR 81.50) subject to the jurisdiction of the City of Omaha Permits and Inspection Division, 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, stack data, and the nature and amount of emission. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (e) (3) of this section.

(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 Admin

istrator that the source will not prevent or interfere with the 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, or denial of the application. The Administrator will set forth his reasons for any denial.

(5) 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.

(6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State, and Federal regulation which is part of the applicable plan. [37 FR 15085, July 27, 1972, as amended at 38 FR 12699, May 14, 1973]

§ 52.1429 Source surveillance: and regulations.

Rules

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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 to June 30 and July 1 to 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.

(g) Regulation for control of visible emissions.-(1) Except as provided under paragraph (g) (2) of this section, no owner or operator of any process source subject to the provisions of § 52.1432(b) shall emit or cause the emis

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sion of air pollutants of a shade or density equal to or darker than that designated as No. 1 of the Ringelmann chart or 20-percent opacity.

(2) An owner or operator subject to subparagraph (1) of this paragraph may emit or cause the emission of air pollutants of a shade or density not darker than that designated as No. 3 on the Ringelmann chart or 60-percent opacity for a period or periods aggregating not more than 3 minutes in any 60 minutes.

(3) Compliance with this paragraph shall be in accordance with the provisions of § 52.1425(b) (4).

(4) The procedures used to determine compliance with this paragraph are prescribed in method 9 in the appendix to part 60 of this chapter.

[37 FR 15085, July 27, 1972, as amended at 38 FR 12700, May 14, 1973]

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NOTE.-Dates or footnotes which are underlined are prescribed by the Administrator because the plan does not provide a specific date.

a. July 1975.

b. Air quality levels presently below primary standards.

c. Air quality levels presently below secondary standards.

[37 FR 10877, May 31, 1972, as amended at 38 FR 12702, May 14, 1973]

§ 52.1432 Control strategy: Particulate

matter.

(a) The requirements of § 51.13 of this chapter are not met in the LincolnBeatrice-Fairbury Intrastate Region

since the plan does not provide for the attainment and maintenance of the national standards for particulate matter.

(b) Regulation for process industries (Jefferson, Gage, and Thayer Coun

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P>30 tons/h

E-55.0 P0.11-40 Where: E Emission in pounds per hour. P=Process weight in tons per hour.

(ii) Process weight is the total weight of all materials and solid fuels introduced into any specific process. Liquid and gaseous fuels and combustion air will not be considered as part of the process weight. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour will be derived by dividing the process weight by the number of hours for a given period of time by the number of hours in that period.

(iii) For purposes of this regulation, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter from a process source.

(2) Compliance with this paragraph shall be in accordance with the provisions of § 52.1425 (b).

(3) The test methods and procedures used to determine compliance with this paragraph are set forth below. The methods referenced are prescribed in the appendix to part 60 of this chapter. Equivalent methods and procedures may be used if approved by the Administrator.

(i) For each sampling repetition, the average concentration of particulate matter shall be determined by using method 5. Traversing during sampling by method 5 shall be according to method 1. The minimum sampling time shall be 2 hours and the minimum sampling volume shall be 60 ft3, corrected to standard conditions on a dry basis.

(ii) The volumetric flow rate of the total effluent shall be determined by using method 2. Gas analysis shall be performed using the integrated sample technique of method 3, and moisture content shall be determined by the condenser technique of method 5.

(iii) All tests shall be conducted while the source is operating at the maximum production or combustion rate at which such source will be operated. During the tests, the source shall burn fuels or combinations of fuels, use raw materials, and maintain process conditions representative of normal operation, and shall operate under such other relevant conditions as the Administrator shall specify.

(c) Regulation for open burning (Jefferson, Gage, and Thayer Counties).—(1) No person in Jefferson, Gage, or Thayer County in the Lincoln-Beatrice-Fairbury Intrastate Region (40 CFR 81.226) shall ignite, permit to be ignited, or maintain any open fire except as follows:

(i) Open fires for the cooking of food for human consumption;

(ii) Open fires for recreational or ceremonial purposes;

(iii) Open fires to abate a fire hazard, providing such hazard is so declared by the fire department of fire district having jurisdiction;

(iv) Open fires for prevention or control of disease or pests;

(v) Open fires for training personnel in the methods of fighting fires;

(vi) Open fires for the disposal of dangerous materials, where there is no alternate method of disposal and burning is approved in advance by the Administrator;

(vii) Open fires set in operation of smokeless stacks for combustion of waste gases, provided they satisfy the requirements of § 52.1429(g) (1) and (2):

(viii) Open fires set for land clearing for roads or other construction;

(ix) Open fires set in an agricultural operation;

(x) Open fires set on residential premises in areas where no provision is made for public collection of refuse, provided that such open fire is for disposal of ordinary household trash originating on the premises. Public collection of refuse shall mean the service provided by any governmental agency or commercial enterprise for the pickup on a regularly scheduled basis of refuse from groups of individual homes, businesses, apartment buildings, or other establishments.

(2) Compliance with this paragraph shall be no later than July 1, 1973. [37 FR 15085, July 27, 1972, as amended at 38 FR 12700, May 14, 1972]

§ 52.1433

oxides.

Control strategy: Nitrogen

(a) The requirements of § 51.14(c) (3) of this chapter are not met in the Nebraska portion of the Metropolitan

Air quality control region

Omaha-Council Bluffs Interstate Region
since the city of Omaha Permits and
Inspection Division has not adopted regu-
lations that provide for the degree of
nitrogen oxides emission reduction at-
tainable through the application of rea-
sonably available control technology.
[37 FR 15085, July 27, 1972]

Subpart DD-Nevada

SOURCE: 37 FR 10878, May 31, 1972, unless otherwise noted.

§ 52.1470 Identification of plan.

(a) Title of plan: "Air Quality Implementation Plan for the State of Nevada." (b) The plan was officially submitted on January 28, 1972.

(c) Supplemental information was submitted on June 12, July 14, and November 17, 1972, and January 19, 1973. [37 FR 10878, May 31, 1972, as amended at 38 FR 12708, May 14, 1973]

§ 52.1471 Classification of regions.

The Nevada plan was evaluated on the basis of the following classifications: Pollutant

Particulate Sulfur | Nitrogen Carbon
matter oxides dioxide monoxide

Photochemical
oxidants
(hydrocarbons)

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§ 52.1472 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Nevada's plan for the attainment and maintenance of the national standards.

§ 52.1473 General requirements.

(a) The requirements of § 51.10(e) of this chapter are not met except in Clark County, since the plan does not provide procedures for making emission data, as correlated with allowable emissions, available to the public. In addition, Chapter 020.065 of the "Air Pollution Control Regulations" of the District Board of Health of Washoe County in the Northwest Nevada Intrastate Region

is disapproved since it contains provisions which restrict the public availability of emission data as correlated with applicable emission limitations and other control measures.

(b) Regulation for public availability of emission data.-Emission data obtained from owners or operators of stationary sources pursuant to § 52.1479 (c) will be correlated with applicable emission limitations and other control measures and will be available to the public during normal business hours at the regional office (region IX). The Administrator will designate one or more places in Nevada where such emission data and

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