NOTE.-Footnotes which are underlined are prescribed by the Administrator because the plan does not provide a specific date, or the date provided is not acceptable. a. July 1975. b. Five 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. e. Eighteen-month extension granted. [37 FR 15090, July 27, 1972, as amended at 38 FR 7329, Mar. 20, 1973; 38 FR 7558, Mar. 23, 1973; 38 FR 12711, May 14, 1973] § 52.2332 Transportation and land use controls. (a) To complete the requirements of §§ 51.11(b) and 51.14 of this chapter, the Governor of Utah 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 Wasatch Front Intrastate 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 7329, Mar. 20, 1973] § 52.2333 Legal authority. (a) The requirements of § 51.11(a) (6) of this chapter are not met since section 26-24-16 of the Utah Code Annotated (1953), may preclude the release of emission data, as correlated with applicable emission limitations, under certain circumstances. [37 FR 15090, July 27, 1972] § 52.2334 Review of new sources and modifications. (a) Regulation for review of new sources and modifications: Federal Regulation. (1) This requirement is applicable to any stationary source subject to the requirements of § 52.2330, 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 the source will operate without causing a violation of § 52.2330. (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 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 the methods and under operating conditions approved by the Administrator and furnish the Administrator a written report 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 also may 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 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 the requirements of § 52.2330. (9) Approval to construct or modify shall not relieve the owner or operator of the responsibility to comply with all local, State, Federal regulations which are part of the applicable plan. [38 FR 12711, May 14, 1973] § 52.2335 or Control strategy: monoxide. Carbon (a) The requirements of § 51.14(a) (2) of this chapter are not met because the transportation control plan does not contain an adequate description of proposed enforcement methods and designation of enforcement responsibilities, proposed rules and regulations, proposed administrative procedures to be used, and schedule of the dates by which significant steps in certain strategies will be achieved. (b) The requirements of § 51.14(c) of this chapter are not met because the plan does not provide for the attainment and maintenance of the national standards for carbon monoxide in the Wasatch Front Intrastate Region by May 31, 1975. [38 FR 16568, June 22, 1973] § 52.2336 Source surveillance. (a) The requirements of § 51.19(d) of this chapter are not met because the transportation control plan does not indicate how surveillance will be accomplished to determine that the claimed emission reductions are being achieved. [38 FR 16568, June 22, 1973] Subpart UU-Vermont SOURCE: 37 FR 10898, May 31, 1972, unless otherwise noted. § 52.2370 Identification of plan. (a) Title of plan: "State of Vermont Implementation Plan for the Achievement of National Air Quality Standards." (b) The plan was officially submitted on January 29, 1972. (c) Supplemental information was submitted on February 3 and May 19, 1972, by the Vermont Agency of Environmental Conservation. [37 FR 10898, May 31, 1972, as amended at 38 FR 12713, May 14, 1973] § 52.2371 Classification of regions. The Vermont plan was evaluated on the basis of the following classifications: § 52.2372 Approval status. With the exceptions set forth in this subpart, the Administrator approves Vermont's plan for the attainment and maintenance of the national standards. § 52.2373 Legal authority. (a) The requirements of § 51.11(a) (6) of this chapter are not met. Vermont does not have the authority to make emissions data available to the public since 10 V.S.A. § 363 would require the data to be held confidential if a source certified that it related to production or sales figures, unique processes, or would tend to affect adversely the competitive position of the owner. § 52.2374 General requirements. (a) The requirements of § 51.10(e) of this chapter are not met since the plan does not provide for public availability of emission data. (b) Regulation for public availability of emission data. (1) The owner or operator of any stationary source in the State of Vermont 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 I). The Administrator will designate one or more places in Vermont where such emission data and correlations will be available for public inspection. [37 FR 10899, May 31, 1972, as amended at 37 FR 19811, Sept. 22, 1972] § 52.2375 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 Vermont's plan. § 52.2422 Extensions. The Administrator hereby extends for 18 months the statutory timetable for submission of Virginia's plan for attainment and maintenance of the secondary standards for particulate matter in the State Capital Intrastate Region. § 52.2423 Approval status. With the exceptions set forth in this subpart, the Administrator approves Virginia's plan for the attainment and maintenance of the national standards. § 52.2424 General requirements. (a) The requirements of § 51.10(b) of this chapter are not met because the plan does not provide for attainment and maintenance of the national standards for carbon monoxide and photochemical oxidants (hydrocarbons) as expeditiously as practicable, as evidenced by the State's failure to propose interim control measures to be implemented during the 2-year period for which an extension to attain the national standards was requested. [38 FR 16568, June 22, 1973] § 52.2425 § 52.2426 [Reserved] Control strategy and regulation: Nitrogen dioxide. (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 State Capital and Hampton Roads Intrastate Regions. (b) 4.05.05(b)(2)(a) and 4.05.05(b) (2)(b) of Virginia's "Air Pollution Control Regulations” (emission limitation for nitrogen oxides from gas and oil-fired fuel combustion sources), which is a part of the nitrogen dioxide control strategy, is disapproved. § 52.2427 Source surveillance. (a) [Reserved] (b) [Reserved] (c) The requirements of § 51.19 (d) of this chapter are not met because the plan does not provide procedures for determining actual emission reductions achieved as a result of mplementing the proposed transportation control meas ures. [37 FR 10898, May 31, 1972, as amended at 37 FR 15091, July 27, 1972; 38 FR 16568, June 22, 1973] § 52.2428 Request for 2-year extensions. (a) Virginia's request under § 51.30 of this chapter for carbon monoxide in the State Capital and Hampton Roads Intrastate Regions are not applicable since the national standards are presently being attained. (b) Virginia's requests under § 51.30 of this chapter for photochemical oxidants in the State Capital and Hampton Roads Intrastate Regions are not applicable since the plan demonstrates that the national standards will be attained by January 1975. (c) The 2-year extension requested for attainment and maintenance of the national standards for carbon monoxide and photochemical oxidants (hydrocarbons) in Virginia's portion of the National Capital interstate region cannot be granted because the plan does not provide reasonable interim control meas ures. [37 FR 10898, May 31, 1972, as amended at 38 FR 16568, June 22, 1973] § 52.2429 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 Virginia's plan, except where noted. |