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Approval status.

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

§ 52.823 General requirements.

(a) The requirements of § 51.10(e) of this chapter are not met since the plan does not set forth procedures by which emission data as correlated with allowable emissions will be made available to the public.

(b) Regulation for public availability of emission data. Emission data obtained from owners or operators of stationary sources pursuant to § 52.826 (b) will be

with applicable

limitations and other control measures. All such emission data and correlations will be available during normal business hours at the Regional Office (Region VII). The Administrator will designate one or more places in Iowa where such emission data and correlations will be available for public inspection.

[37 FR 10865, May 31, 1972, as amended at 37 FR 19809, Sept. 22, 1972] § 52.824 Legal authority.

(a) The requirements of § 51.11(a) (6) of this chapter are not met since 136B.8 of the Iowa Air Pollution Control Act may preclude the release of emission

data to the public in certain circumstances.

§ 52.825 Compliance schedules.

(a) The requirements of § 51.15(c) of this chapter are not met since increments of progress toward compliance are not provided for in the Iowa Regulation 4.3 (3) (b).

(b) Regulation for increments of progress. (1) Except as provided in subparagraph (2) of this paragraph, the owner or operator of any stationary source subject to regulation 4.3.(3) (b), "Rules and Regulations Relating to Air Pollution Control of the Iowa Air Pollution Control Commission" shall, no later than December 31, 1972, submit to the Administrator for approval, a proposed compliance schedule that demonstrates compliance with the applicable regulation as expeditiously as practicable but no later than January 1, 1975. The compliance schedule shall provide for periodic increments of progress towards compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contract for construction or process changes, if applicable; initiation of construction; completion and start-up of control system; performance tests; and submittal of performance test analysis and results.

(2) Where any such owner or operator demonstrates to the satisfaction of the Administrator that compliance with the applicable regulations will be achieved on or before December 31, 1973, no compliance schedule shall be required.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

(4) Any compliance schedule adopted by the State and approved by the Admin

istrator shall satisfy the requirements of this paragraph for the affected source. [37 FR 10865, May 31, 1972, as amended at 37 FR 19809, Sept. 22, 1972]

§ 52.826 Source surveillance.

(a) The requirement of § 51.19 (a) of this chapter is not met since the plan does not provide legally enforceable procedures to require owners or operators of stationary sources to maintain records and make periodic reports to the State on the nature and amount of emissions.

(b) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the State of Iowa shall, upon notification from the Administrator, maintain records of the nature and amounts of emission 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.

[37 FR 10865, May 31, 1972, as amended at 37 FR 19809, Sept. 22, 1972] § 52.827

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 Iowa's plan, except where noted.

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NOTE: Dates or 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 10865, May 31, 1972, as amended at 37 FR 19808, Sept. 22, 1972; 38 FR 12702, May 14, 1973]

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

Pollutant

Particulate Sulfur | Nitrogen | Carbon Photochemical oxides dioxide monoxide oxidants

Air quality control region

matter

(hydrocarbons)

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§ 52.873 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Kansas' plan for the attainment and maintenance of the national standards. § 52.874 Legal authority.

(a) The requirements of § 51.11(a) (6) of this chapter are not met since authority to make emission data available to the public is inadequate. Kansas Statutes Annotated 65-3015 would require confidential treatment if the data related to processes or production unique to the owner or would tend to affect adversely the competitive position of the owner.

(b) The requirements of § 51.11(f) of this chapter are not met since the following deficiencies exist in the local agency legal authority:

(1) Kansas City, Kans.-Wyandotte County Health Department. (1) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State (§ 51.11(a) (6) of this chapter).

(2) Topeka-Shawnee County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated air quality conservation authority with the same authority as the State (§ 51.11(a) (6) of this chapter).

(3) Wichita-Sedgwick County Health Department. (i) Authority to make emission data available to the public is inadequate because the Kansas Statutes Annotated 65-3016 provides a designated local air quality conservation authority with the same authority as the State (§ 51.11(a) (6) of this chapter). § 52.875 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. (1) The owner or operator of any stationary source in the State of Kansas 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 VII). The Administrator will designate one or more places in Kansas where such emission data and correlations will be available for public inspection.

[37 FR 10867, May 31, 1972, as amended at 37 FR 19809, Sept. 22, 1972]

§ 52.876 Compliance schedules.

(a) The requirements of § 51.15(a) (1) and (2) of this chapter are not met since the plan does not contain legally enforceable compliance schedules setting forth the dates by which all stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that all sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification from the State. There are no assurances that all sources will be notified by the State in a timely manner, therefore, paragraphs C and D of Regulation 28-19-9 are disapproved.

(b) Federal compliance schedule. (1) Except as provided in subparagraph (2) of this paragraph, the owner or operator of any stationary source subject to any emission regulation which is part of the approved plan shall be in compliance on or before December 31, 1973.

(i) Any owner or operator in compliance with any such applicable regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than December 31, 1972.

(ii) Any owner or operator who achieves compliance with any such applicable regulation after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) An owner or operator of a stationary source subject to any emission regulation approved by the Administrator may no later than December 31, 1972, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with such regulation as expeditiously as practicable, but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress towards compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contracts for construction or process changes, if applicable; initiation of construction; completion and startup of control systems; performance tests; and submittal of performance test analysis and results.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

(4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected

source.

[37 FR 19809, Sept. 22, 1972]

§ 52.877 Prevention of air pollution emergency episodes.

(a) The requirements of § 51.16(b) (1) of this chapter are not met since the plan does not specify adequate episode criteria. The episode criteria are set forth in State Regulation 28-19-56 which is therefore disapproved.

§ 52.878 Review of new sources and modifications.

(a) The requirements of § 51.18 of this chapter are not met since the plan does

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