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(1) February 15, March 3, March 16, and April 7, 1972, by the Bureau of Air Pollution Control and Solid Waste Disposal, and

(2) January 10, 1973.

[37 FR 10902, May 31, 1972, as amended at 38 FR 12713, May 14, 1973]

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The Wisconsin plan was evaluated on the basis of the following classifications:

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§ 52.2572 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Wisconsin's plan for the attainment and maintenance of the national standards. § 52.2573 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 emissions data.-(1) The owner or operator of any stationary source in the State of Wisconsin 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 com

pliance 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.

(4) Emission data obtained from owners or operators of stationary sources will

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NOTE.-Date and 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. Air quality levels presently below primary standards.

c. Air quality levels presently below secondary standards.

[37 FR 10902, May 31, 1972, as amended at 38 FR 12713, May 14, 1973]

§ 52.2578 Compliance schedules.

(a) The requirements of § 51.15(c) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required. [38 FR 16170, June 20, 1973]

Subpart ZZ-Wyoming SOURCE: 37 FR 10903, May 31, 1972, unless otherwise noted.

§ 52.2620 Identification of plan.

(a) Title of plan: "Implementation Plan for Air Quality Control, State of Wyoming."

(b) The plan was officially submitted on January 26, 1972.

was

(c) Supplemental information submitted on March 28 and May 3, 1972, by the Wyoming Air Quality Section.

§ 52.2621 Classification of regions.

The Wyoming plan was evaluated on the basis of the following classifications:

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§ 52.2622 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Wyomings' plan for the attainment and maintenance of the national standards. § 52.2623 Legal authority.

(a) The requirements of § 51.11(a) (4) of this chapter are not met since the State lacks the authority to prevent the construction of new sources and modification of existing sources.

(b) The requirements of § 51.11(a) (5) of this chapter are not met since the State lacks the authority to require recordkeeping and to make inspections and conduct tests.

(c) The requirements of § 51.11(a) (6) of this chapter are not met since the State lacks the authority to require installation of monitoring devices. In addition, emission data cannot be made available to the public because section 35-499 of the Wyoming Air Quality Act of 1967 requires that information which may tend to affect the competitive position of the owner be held confidential.

§ 52.2624 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. Emission data obtained from owners or operators of stationary sources pursuant to § 52.2626 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 VIII). The Administrator will designate one or more places in Wyoming where

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(a) The requirements of § 51.18 of this chapter are not met since the plan does not provide legally enforceable procedures to prevent the construction of a new source or 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 Wyoming, 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 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:

(1) 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 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 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 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 all State and Federal regulations which are part of the applicable plan.

(9) Approval to construct 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 gr HS per 100 std ft3 (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 analyses.

(vi) Other source of minor significance specified by the Administrator.

(10) Approval to construct or modify 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.

[37 FR 10903, May 31, 1972, as amended at 37 FR 19811, Sept. 22, 1972; 38 FR 12713, May 14, 1973]

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