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§ 52.2522 Approval status.

8 52.2523 Attainment dates for national With the exceptions set forth below

standards. in this subpart, the Administrator ap The following table presents the latest proves West Virginia's plan for the at- dates by which the national standards tainment and maintenance of the are to be attained. These dates reflect national standards.

the information presented in West Vir(38 FR 16170, June 20, 1973)

ginia's plan.

Pollutant
Air quality
Particulate Sulfur

Photochemical control region

matter
oxides

oxidants
Pri- Secon- Pria Secon- Nitrogen Carbon (hydrocarbons)
mary darymary ! dary L dioxide 'monoxideli

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a. Air quality levels presently below secondary standards. $ 52.2524 Compliance schedules.

$ 52.2570 Identification of plan. (a) The requirements of $ 51.15(c) of (a) Title of plan: "A Statewide Implethis chapter are not met since compliance mentation Plan to Achieve Air Quality schedules with adequate increments of Standards for Particulates, Sulfur Oxprogress have not been submitted for ides, Nitrogen Oxides, Hydrocarbons, Oxevery source for which they are required. idants, and Carbon Monoxide in the State [88 FR 16170, June 20, 1973]

of Wisconsin."

(b) The plan was officially submitted Subpart YY-Wisconsin

on January 14, 1972. SOURCE: 37 FR 10902, May 31, 1972, unless (c) Supplemental information was otherwise noted.

submitted on:

(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] $ 52.2571 Classification of regions.

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

[blocks in formation]

$ 52.2572 Approval status.

pliance with applicable emission limitaWith the exceptions set forth in this

tions or other control measures. subpart, the Administrator approves

(2) The information recorded shall be Wisconsin's plan for the attainment and

summarized and reported to the Adminmaintenance of the national standards.

istrator, on forms furnished by the Ad

ministrator, and shall be submitted $ 52.2573 General requirements.

within 45 days after the end of the re(a) The requirements of 8 51.10(e) of porting period. Reporting periods are this chapter are not met since the plan January 1, to June 30 and July 1 to Dedoes not provide for public availability of cember 31, except that the initial reportemission data.

ing period shall commence on the date (b) Regulation for public availability the Administrator issues notification of of emissions data.-(1) The owner or the recordkeeping requirements. operator of any stationary source in the (3) Information recorded by the owner State of Wisconsin shall, upon notifica- or operator and copies of the summariztion from the Administrator, maintain ing reports submitted to the Administrarecords of the nature and amounts of tor shall be retained by the owner or emissions from such source and/or any operator for 2 years after the date on other information as may be deemed which the pertinent report is submitted. necessary by the Administrator to de- (4) Emission data obtained from owntermine whether such source is in com- ers or operators of stationary sources 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 V). The Administrator will designate one or more places in Wiscon

.: sin where such emission data and correlations will be available for public inspection. (37 FR 10902, May 31, 1972, as amended at 38 FR 12702, May 14, 1973) § 52.2574 Legal authority.

(a) The requirements of g 51.11(a) (6) of this chapter are not met since section

144.33 of the Wisconsin Air Law will
preclude the release of emission data in
certain situations.
8 52.2575 (Reserved)
8 52.2576 (Reserved]
$ 52.2577 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 Wisconsin's
plan, except where noted.

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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

&. July 1975.
b. Air quality levels presently below primary standards.

c. Air quality levels presently below secondary standards.
(87 FR 10902, May 31, 1972, as amended at 38 FR 12713, May 14, 1973]
8 52.2578 Compliance schedules.

$ 52.2620 Identification of plan. (a) The requirements of $ 51.15(c) of (a) Title of plan: "Implementation this chapter are not met since compliance Dion for

Plan for Air Quality Control, State of schedules with adequate increments of progress have not been submitted for

Wyoming." every source for which they are required. (b) The plan was oficially submitted (38 FR 16170, June 20, 1973]

on January 26, 1972. Subpart zz—Wyoming

(c) Supplemental information was SOURCE: 37 FR 10903, May 81, 1972, unless submitted on March 28 and May 3, 1972, otherwise noted.

by the Wyoming Air Quality Section.

8 52.2621 Classification of regions.

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

Pollutant

Photochemical
Particulate Sulfur Nitrogen Carbon oxidants

matter oxides dioxide / monoxide (hydrocarbons)

Air quality control region

Cheyenne Intrastate

III III III

III Casper Intrastate

III III III III Wyoming Intrastate

UIT Ι ΙΙΙ III III III $ 52.2622 Approval status.

such emission data and correlations will With the exceptions set forth in this

be available for public inspection. subpart. the Administrator approves (37 FR 10903, May 31, 1972, as amended at Wyomings' plan for the attainment and

and 37 FR 19811, Sept. 22, 1972) maintenance of the national standards. $ 52.2625 Review of new sources and $ 52.2623 Legal authority.

modifications. (a) The requirements of 8 51.11(a) (4)

(a) The requirements of $ 51.18 of this of this chapter are not met since the

chapter are not met since the plan does State lacks the authority to prevent the

not provide legally enforceable proceconstruction of new sources and modifi

dures to prevent the construction of a cation of existing sources.

new source or modification of an exist(b) The requirements of $ 51.11(a) (5)

ing source. of this chapter are not met since the

(b) Regulation for review of new State lacks the authority to require rec

sources and modifications. (1) This reordkeeping and to make inspections and

quirement is applicable to any stationary

source in the State of Wyoming, the conconduct tests. (c) The requirements of $ 51.11(a) (6)

struction or modification of which is of this chapter are not met since the

commenced after the effective date of State lacks the authority to require in

this regulation. stallation of monitoring devices. In addi

(2) No owner or operator shall comtion, emission data cannot be made avail

mence construction or modification of able to the public because section 35–499

any stationary source after the effective of the Wyoming Air Quality Act of 1967

date of this regulation without first obrequires that information which may

taining approval from the Administrator tend to affect the competitive position of

of the location and design of such source.

(i) Application for approval to conthe owner be held confidential.

struct or modify shall be made on forms 8 52.2624 General requirements.

furnished by the Administrator, or by (a) The requirements of $ 51.10(e) of

other means prescribed by the Administhis chapter are not met since the plan trator. does not provide procedures for making

(ii) A separate application is required emission data, as correlated with appli

for each source. cable emission limitations, available to

(iii) Each application shall be signed the public.

by the applicant. (b) Regulation for public availability

(iv) Each application shall be accomof emission data. Emission data obtained

panied by site information, plans, defrom owners or operators of stationary

scriptions, specifications and drawings sources pursuant to $ 52.2626 will be cor

showing the design of the source, the related with applicable emission limita

nature and amount of emissions, and tions and other control measures. All

the manner in which it will be operated such emission data and correlations will

and controlled. be available during normal business

(v) Any additional information, plans, hours at the Regional Office (Region specifications, evidence or documentaVIII), The Administrator will designate tion that the Administrator may require one or more places in Wyoming where 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,

(ii) 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:

(1) 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 ft' (5.7 g/100 stdm); 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 signifi. cance 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. 137 FR 10903, May 31, 1972, as amended at 37 FR 19811, Sept. 22, 1972; 38 FR 12713, May 14, 1973) $ 52.2626 Source surveillance.

(a) The requirements of $ 51.19(a) of this chapter are not met since the plan lacks the legally enforceable procedures to require recordkeeping and periodic reporting of emission data.

(b) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the State of Wyoming shall, upon notifica

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