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ment of the national primary and secondary ambient air quality standards for sulfur oxides and particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations pertaining thereto.

MASSACHUSETTS An implementation plan for the Boston Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on September 16, 1970. The Administrator has determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. Therefore, the Administrator bas approved such control strategy, together with specified rules and regulations and the compllance schedules pertaining thereto. (37 FR 2581, Feb. 2, 1972. Redesignated at 37 FR 10846, May 31, 1972)

Agency on December 23, 1970. The Adminis. trator has determined that the State's control strategy for sulfur oxides, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for sulfur oxides. The Administrator has also determined that the State's control strategy for particulate matter, as set forth in this implementation plan. is adequate for attainment of the national primary and secondary ambient air quality standards for particulate matter. Therefore, the Administrator has approved such control strategies, together with specified rules and regulations, as well as the compliance sched. ule pertaining to the sulfur oxides standards.

COLORADO An implementation plan for the Denver Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 12, 1970, and was amended by letter dated November 10, 1970. The Administrator has determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary ambient air quality standards for particulate matter. The Administrator has also determined that the State's control strategy for sulfur oxides, as set forth in this Implementation plan, is adequate for maintaining the national secondary ambient air quality standards for sulfur oxides. Therefore, the Administrator has approved such control strategies, together with specified rules and regulations and the compliance schedules pertaining thereto.

MISSOURI An implementation plan for the State's portion of the Kansas City Intrastate Air Quality Control Region was received by the Department of Health, Education, and Welfare on October 14, 1970. The Administrator has determined that the State's control strategy for particulate matter, as set forth in this implementation plan, is adequate for attainment of the national primary and secondary ambient air quality standards for particulate matter. Therefore, the Administrator has approved such control strategy, together with specified rules and regulations and the compllance schedules pertaining thereto.

DISTRICT OF COLUMBIA An implementation plan for the District's portion of the National Capital Interstate Air Quality Control Region was received by the Department of Health, Education, and Welfare on May 6, 1970. Supplemental information was received August 24, 1970. The Administrator has determined that the District's control strategy for sulfur oxides and particulate matter, as set forth in this implementation plan, is adequate for attain

PART 54-PRIOR NOTICE OF

CITIZEN SUITS Sec. 54.1 Purpose. 54.2 Service of notices. 54.3 Contents of notice.

AUTHORITY: The provisions of this part 54 Issued under section 304 of the Clean Alr Act, as amended (sec. 12, Public Law 91-604, 84 Stat. 1706).

Source: The provisions of this part 64 appear at 36 F.R. 23886, Dec. 9, 1971, unless otherwise noted. $ 54.1 Purpose.

Section 304 of the Clean Air Act, as amended, authorizes the commencement of civil actions to enforce the Act or to enforce certain requirements promulgated pursuant to the Act. The purpose of this part is to prescribe procedures governing the giving of notices required by subsection 304(b) of the Act (sec. 12, Public Law 91-604; 84 Stat. 1706) as a prerequisite to the commencement of such actions. $ 54.2 Service of notice.

(a) Notice to Administrator: Service of notice given to the Administrator under this part shall be accomplished by certified mail addressed to the Administrator, Environmental Protection Agency, Washington, D.C. 20460. Where notice relates to violation of an emission standard or limitation or to violation of an order issued with respect to an

to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation, and the full name and address of the person giving the notice.

emission standard or limitation, a copy of such notice shall be mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred.

(b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation shall be accomplished by certified mail addressed to an authorized representative of the State agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State.

(c) Notice to alleged violator: Seryice of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, or facility alleged to be in violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation. Where the alleged violator is a corporation, a copy of such notice shall be sent by certified mail to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served. 8 54.3 Contents of notice.

(a) Failure to act. Notice regarding a failure of the Administrator to perform an act or duty which is not discretionary

11 identify the provisions of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform such act or duty, and shall state the full name and address of the person giving the notice.

(b) Violation of standard, limitation or order. Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or lim. itation or an order issued with respect

PART 60_STANDARDS OF PERFORM

ANCE FOR NEW STATIONARY
SOURCES

Subpart A-General Provisions Sec. 60.1 Applicability. 60.2 Definitions. 60.3 Abbreviations. 60.4 Address. 60.5 Determination of construction or

modification. 60.6 Review of plans. 60.7 Notification and recordkeeping. 60.8 Performance tests. 60.9 Availability of information. 60.10 State authority. Subpart D-Standards of Performance for

Fossil Fuel-Fired Steam Generators 60.40 Applicability and designation of al.

fected facility. 60.41 Definitions. 60.42 Standard for particulate matter. 60.43 Standard for sulfur dioxide. 60.44 Standard for nitrogen oxides. 60.46 Emission and fuel monitoring. 60.48 Test methods and procedures. Subpart EStandards of Performance for

Incinerators 60.50 Applicability and designation of af

fected facility. 60.51 Definitions. 60.52 Standard for particulate matter. 60.53 Monitoring of operations. 60.54 Test methods and procedures. Subpart Standards of Performance for

Portland Cement Plants 60.60 Applicability and designation of

affected facility. 60.61 Definitions. 60.62 Standard for particulate matter. 60.63 Monitoring of operations. 60.64 Test methods and procedures. Subpart G-Standards of Performance for Nitric

Acid Plants 60.70 Applicability and designation of al

lected facility.

Sec.

tection Agency or his authorized repre60.71 Definitions.

sentative. 60.72 Standard for nitrogen oxides.

(c) "Standard” means a standard of 60.73 Emission monitoring. 60.74 Test methods and procedures.

performance proposed or promulgated

under this part. Subpart H-Standards of Performance for Sulfuric (d) “Stationary source" means any Acid Plants

building, structure, facility, or installa60.80 Applicability and designation of at tion which emits or may emit any air fected facility.

pollutant. 60.81 Definitions.

(e) "Affected facility” means, with 60.82 Standard for sulfur dioxide.

reference to a stationary source, any ap60.83 Standard for acid mist.

paratus to which a standard is applicable, 60.84 Emission monitoring.

(f) “Owner or operator" means any 60.85 Test methods and procedures.

person who owns, leases, operates, conAPPENDIX-TEST METHODS

trols, or supervises an affected facility

or a stationary source of which an afMethod 1-Sample and velocity traverses for

fected facility is a part. stationary sources.

(g) "Construction" means fabrication, Method 2-Determination of stack gas velocity and volumetric flow rate (Type 8

erection, or installation of an affected pitot tube).

facility. Method 3-Gas analysis for carbon dioxide, (h) "Modification" means any physical

excess air, and dry molecular weight. change in, or change in the method of Method 4-Determination of moisture in operation of, an affected facility which stack gases.

increases the amount of any air polMethod 5-Determination of particulate lutant (to which a standard applies) emissions from stationary sources.

emitted by such facility or which results Method 6-Determination of sulfur dioxide

in the emission of any air pollutant (to emissions from stationary sources.

which a standard applies) not previously Method 7-Determination of nitrogen oxide emissions from stationary sources.

emitted, except that: Method 8-Determination of sulfuric acid

(1) Routine maintenance, repair, and mist and sulfur dioxide emissions

replacement shall not be considered from stationary sources.

physical changes, and Method 9-Visual determination of the opac (2) The following shall not be consid

ity of emissions from stationary ered a change in the method of sources.

operation: AUTHORITY: The provisions of this part 60

(i) An increase in the production issued under sections 111, 114, Clean Air Act;

rate, if such increase does not exceed the Public Law 91-604, 84 Stat. 1713.

operating design capacity of the affected SOURCE: The provisions of this Part 60 ap facility; pear at 36 F.R. 24877, Dec. 23, 1971, unless

(ii) An increase in hours of operation; otherwise noted.

(iii) Use of an alternative fuel or raw Subpart A-General Provisions

material if, prior to the date any stand

ard under this part becomes applicable $ 60.1 Applicability.

to such facility, as provided by $ 60.1, The provisions of this part apply to

the affected facility is designed to ac

commodate such alternative use. the owner or operator of any stationary

(i) "Commenced" means that an ownsource, which contains an affected facil

er or operator has undertaken a conity the construction or modification of

tinuous program which is commenced after the date of

of construction or

modification or that an owner or operapublication in this part of any proposed

tor has entered into a binding agreestandard applicable to such facility.

ment or contractual obligation to under$ 60.2 Definitions.

take and complete, within a reasonable As used in this part, all terms not time, a continuous program of construcdefined herein shall have the meaning tion or modification. given them in the Act:

(j) “Opacity" means the degree to (a) “Act” means the Clean Air Act which emissions reduce the transmission (42 U.S.C. 1857 et seq., as amended by of light and obscure the view of an object Public Law 91-604, 84 Stat. 1676). in the background.

(b) “Administrator" means the Ad- (k) “Nitrogen oxides" means all oxministrator of the Environmental Pro- ides of nitrogen except nitrous oxide, as

measured by test methods set forth in this part.

(1) "Standard of normal conditions" means 70° Fahrenheit (21.1° centigrade) and 29.92 in. Hg (760 mm. Hg),

(m) “Proportional sampling" means sampling at a rate that produces & constant ratio of sampling rate to stack gas flow rate.

(n) "Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

(0) "Startup” means the setting in operation of an affected facility for any purpose. $ 60.3 Abbreviations.

The abbreviations used in this part have the following meanings in both capital and lower case: B.t.u.-British thermal unit. cal.--calorie(s). c.f.m.-cubic feet per minute. CO,-carbon dioxide. 8.-gram(s). gr.-grain(s). mg.-milligram(s). mm.-millimeter(s). 1.--liter(s). nm.-nanometer(8), --10-9 meter. ug.-microgram(8), 10 gram. Hg.mercury. in-inch (es). K-1,000. lb-pound(s). ml.-milliliter(s). NO-number. %-percent. NO-nitric oxide. NO,-nitrogen dioxide. NO, -nitrogen oxides. NM..normal cubic meter. s.c.f.-standard cubic feet. So,-sulfur dioxide. H,80,--sulfuric acid. SO,- sulfur trioxide. It. cubic feet. It.2 square feet. min.-minute(s). hr.-hour(s). $ 60.4 Address.

All applications, requests, submissions, and reports under this part shall be submitted in triplicate and addressed to the Environmental Protection Agency, Office of General Enforcement, Waterside Mall SW., Washington, DC 20460. 8 60.5 Determination of construction or

modification. When requested to do so by an owner or operator, the Administrator will make

a determination of whether actions taken or intended to be taken by such owner or operator constitute construction or modification or the commencement thereof within the meaning of this part. 8 60.6 Review of plans.

(a) When requested to do so by an owner or operator, the Administrator will review plans for construction or modification for the purpose of providing technical advice to the owner or operator.

(b) (1) A separate request shall be submitted for each affected facility.

(2) Each request shall (i) identify the location of such affected facility, and (ii) be accompanied by technical information describing the proposed nature, size, design, and method of operation of such facility, including information on any equipment to be used for measurement or control of emissions.

(c) Neither a request for plans review nor advice furnished by the Administrator in response to such request shall (1) relieve an owner or operator of legal responsibility for compliance with any provision of this part or of any applicable State or local requirement, or (2) prevent the Administrator from implementing or enforcing any provision of this part or taking any other action authorized by the Act. $ 60.7 Notification and record keeping.

(a) Any owner or operator subject to the provisions of this part shall furnish the Administrator written notification as follows:

(1) A notification of the anticipated date of initial startup of an affected facility not more than 60 days or less than 30 days prior to such date.

(2) A notification of the actual date of initial startup of an affected facility within 15 days after such date.

(b) Any owner or operator subject to the provisions of this part shall maintain for a period of 2 years a record of the occurrence and duration of any startup, shutdown, or malfunction in operation of any affected facility. $ 60.8 Performance tests.

(a) Within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of such facility and at such other times as may be required by the Administrator under section 114 of the Act, the owner or operator of such facility shall conduct

performance test(s) and furnish the Administrator a written report of the results of such performance test(s).

(b) Performance tests shall be conducted and results reported in accordance with the test method set forth in this part or equivalent methods approved by the Administrator; or where the Administrator determines that emissions from the affected facility are not sus ceptible of being measured by such methods, the Administrator shall prescribe alternative test procedures for determining compliance with the requirements of this part.

(c) The owner or operator shall permit the Administrator to conduct performance tests at any reasonable time, shall cause the affected facility to be operated for purposes of such tests under such conditions as the Administrator shall specify based on representative performance of the affected facility, and shall make available to the Administrator such records as may be necessary to determine such performance.

(d) The owner or operator of an affected facility shall provide the Administrator 10 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.

(e) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:

(1) Sampling ports adequate for test methods applicable to such facility.

(2) Safe sampling platform(s).

(3) Safe access to sampling platform (s).

(4) Utilities for sampling and testing equipment.

(f) Each performance test shall consist of three repetitions of the applicable test method. For the purpose of determining compliance with an applicable standard of performance, the average of results of all repetitions shall apply. $ 60.9 Availability of information.

(a) Emission data provided to, or otherwise obtained by, the Administrator in accordance with the provisions of this part shall be available to the public.

(b) Except as provided in paragraph (a) of this section, any records, reports, or information provided to, or otherwise obtained by the Administrator in accordance with the provisions of this part shall be available to the public, except

that (1) upon a showing satisfactory to the Administrator by any person that such records, reports, or information, or particular part thereof (other than emission data), if made public, would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such records, reports, or information, or particular part thereof, confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such records, reports, or information, or particular part thereof, may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out the provisions of the Act or when relevant in any proceeding under the Act; and (2) information received by the Administrator solely for the purposes of $$ 60.5 and 60.6 shall not be disclosed if it is identified by the owner or operator as being a trade secret or commercial or financial information which such owner or operator considers confidential. $ 60.10 State authority.

The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from:

(a) Adopting and enforcing any emission standard or limitation applicable to an affected facility, provided that such emission standard or limitation is not less stringent than the standard applicable to such facility.

(b) Requiring the owner or operator of an affected facility to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of such facility. Subpart D-Standards of Performance for Fossil-Fuel Fired Steam Generators $ 60.40 Applicability and designation of

affected facility. The provisions of this subpart are applicable to each fossil fuel-fired steam generating unit of more than 250 million B.t.u. per hour heat input, which is the affected facility. $ 60.41 Definitions.

As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, and in Subpart A of this part.

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