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by the Administrator to determine (i) Any owner or operator in compllwhether such source is in compliance ance with any such applicable regulation with applicable emission limitations or on the effective date of this paragraph other control measures.

shall certify such compliance to the Ad(2) The information recorded shall be ministrator no later than December 31, summarized and reported to the Admin- 1972. istrator, on forms furnished by the Ad- (ii) Any owner operator who ministrator, and shall be submitted with- achieves compliance with any such appliin 45 days after the end of the report- cable regulation after the effective dato ing period. Reporting periods are Jan- of this paragraph shall certify such comuary 1-June 30 and July 1-December 31, pliance to the Administrator within 5 except that the initial reporting period days of the date compliance is achieved. shall commence on the date the Admin- (2) An owner or operator of a staistrator issues notification of the record- tionary source subject to any emission keeping requirements.

regulation approved by the Administra(3) Information recorded by the tor may no later than December 31, 1972, owner or operator and copies of the sum- submit to the Administrator for approval marizing reports submitted to the Ad- à proposed compliance schedule that ministrator shall be retained by the demonstrates compliance with such regowner or operator for 2 years after the ulation as expeditiously as practicable, date on which the pertinent report is but no later than July 31, 1975. The submitted.

compliance schedule shall provide for (4) Emission data obtained from own- periodic increments of progress towards ers or operators of stationary sources will compliance. The dates for achievement be correlated with applicable emission of such increments shall be specified. limitations and other control measures. Increments of progress shall include, but All such emission data and correlations not be limited to: Letting of necessary will be available during normal business contracts for construction or process hours at the Regional Office (Region changes, if applicable; initiation of conVII). The Administrator will designate struction; completion and startup of one or more places in Kansas where such control systems; performance tests; and emission data and correlations will be submittal of performance test analysis available for public inspection.

and results. (37 FR 10867, May 31, 1972, as amended at (3) Any owner or operator who sub37 FR 19809, Sept. 22, 1972)

mits a compliance schedule pursuant to § 52.876 Compliance schedules.

this paragraph shall, within 5 days after

the deadline for each increment of prog(a) The requirements of $ 51.15(a) (1) and (2) of this chapter are not met

ress, certify to the Administrator whether since the plan does not contain legally

or not the required increment of the enforceable compliance schedules setting

approved compliance schedule has been forth the dates by which all stationary

met. sources or categories of such sources (4) Any compliance schedule adopted must be in compliance with applicable by the State and approved by the Adportions of the control strategy. Para- ministrator shall satisfy the requiregraphs C and D of Kansas Regulation ments of this paragraph for the affected 28–19-9 specify that all sources not in

source. compliance must submit an acceptable

137 FR 19809, Sept. 22, 1972) compliance schedule within 120 days after receiving notification from the

$ 52.877 Prevention of air pollution State. There are no assurances that all emergency episodes. sources will be notified by the State in a (a) The requirements of g 51.16(b)(1) timely manner, therefore, paragraphs C of this chapter are not met since the plan and D of Regulation 28–19-9 are dis

does not specify adequate episode criteria, approved.

The episode criteria are set forth in State (b) Federal compliance schedule. (1) Except as provided in subparagraph (2)

Regulation 28-19-56 which is therefore of this paragraph, the owner or operator

disapproved. of any stationary source subject to any 8 52.878 Review of new sources and emission regulation which is part of the

modifications. approved plan shall be in compliance on (a) The requirements of $ 51.18 of this or before December 31, 1973.

chapter are not met since the plan does not provide legally enforceable proce- (ii) Safe access to each port, dures to prevent the construction of a (iii) Instrumentation to monitor and new source or the modification of an record emission data, and existing source.

(iv) Any other sampling and testing (b) Regulation for review of new facilities. sources and modifications:

(6) The Administrator may cancel an (1) This requirement is applicable to approv if the construction is not begun any stationary source in the State of within 2 years from the date of issuance, Kansas, the construction or modification or if during the construction, work is susof which is commenced after the effec- pended for 1 year. tive date of this regulation.

(7) Any owner or operator subject to (2) No owner or operator shall com- the provisions of this regulation shall mencé construction or modification of furnish the Administrator written notifiany stationary source after the effective cation as follows: date of this regulation without first ob- (i) A notification of the anticipated taining approval from the Administrator date of initial startup of the source not of the location and design of such source. more than 60 days or less than 30 days

(i) Application for approval to con- prior to such date, and struct or modify shall be made on forms (ii) A notification of the actual date of furnished by the Administrator, or by initial startup of the source within 15 other means prescribed by the Admin- days after such date. istrator.

(8) Within 60 days after achieving the (ii) A separate application is required maximum production rate at which the for each source.

source will be operated but not later than (ii) Each application shall be signed 180 days after initial startup of such by the applicant.

source, the owner or operator of such (iv) Each application shall be accom

source shall conduct a performance panied by site information, plans, de

test(s) in accordance with methods and scriptions, specifications, and drawings under operating conditions approved by showing the design of the source, the

the Administrator and furnish the Adnature and amount of emissions, and the

ministrator a written report of the remanner in which it will be operated and

sults of such performance test. controlled.

(1) Such test shall be at the expense of (v) Any additional information, plans,

the owner or operator. specifications, evidence, or documenta

(ii) The Administrator may monitor tion that the Administrator may require

such test and may also conduct performshall be furnished upon request.

ance tests. (3) No approval to construct or modify

(iii) The owner or operator of the will be granted unless the applicant source shall provide the Administrator 15 shows to the satisfaction of the Ad- days prior notice of the performance test ministrator that:

to afford the Administrator the oppor(i) The source will be operated with

tunity to have an observer present. out causing a violation of any local,

(9) Approval to construct shall not be State, or Federal regulation which is

required for: part of the applicable plan, and

(i) The installation or alteration of an (ii) The source will not prevent or in

air pollution detector, air pollutants terfere with attainment or maintenance recorder, combustion controller, or comof any national standard.

bustion shutoff. (4) The Administrator will act within

(i) Air conditioning or ventilating 60 days on an application and will notify

systems not designed to remove air polluthe applicant in writing of his approval, tants generated by or released from conditional approval, or denial of the equipment. application. The Administrator will set (iii) Fuel burning equipment, other forth his reasons for any denial. than smokehouse generators, which uses

(5) The Administrator may impose gas as a fuel for space heating, air conany reasonable conditions upon an ap

ditioning, or heating water; is used in a proval, including conditions, requiring private dwelling; or has a heat input of the source to be provided with:

not more than 350,000 B.t.u. per hour (i) Sampling ports of a size, number, (88.2 million gm-cal/hr.). and location as the Administrator may (iv) Mobile internal combustion require,

engines.

(v) Laboratory equipment used exclu- 8 52.879 Attainment dates for national sively for chemical or physical analyses. standards.

(10) Approval to construct or modify shall not relieve any owner or operator

The following table presents the latest of the responsibility to comply with all dates by which the national standards local, State, and Federal regulations are to be attained. These dates reflect the which are part of the applicable plan information presented in Kansas' plan, (37 FR 19810, Sept. 22, 1972)

except where noted.

Air quality control region

Pollutant
Particulate Sulfur

Photochemical matter

oxides Nitrogen Carbon oxidants Pri- Secon- Pri- Seconi- dioxire fonoxide hydrocarbons) hary dary maryl dary

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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. 5 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. (37 FR 10867, May 31, 1972, as amended at 37 FR 19808, Sept. 22, 1972; 38 FR 7326, Mar. 20, 1973; 38 FR 12702, May 14, 1973) $ 52.880 Transportation and land use sas City Interstate Region by May 31, controls.

1975. By such date (April 15, 1973), the (a) To complete the requirements of State also must submit a detailed time$ $ 51.11(b) and 51.14 of this chapter, the table for implementing the legislative Governor of Kansas must submit to the authority, regulations, and administraAdministrator:

tive policies required for carrying out (1) No later than April 15, 1973, a the transportation and/or land use contransportation and/or land use control trol strategy by May 31, 1975. strategy and a demonstration that said (2) No later than July 30, 1973, the strategy, along with Kansas' presently legislative authority that is needed for adopted stationary source emission limi- carrying out such strategy. tations for carbon monoxide and the (3) No later than December 30, 1973, Federal Motor Vehicle Control Program, the necessary adopted regulations and will attain and maintain the national administrative policies needed to implestandards for carbon monoxide in the ment such strategy. Kansas portion of the Metropolitan Kan- (38 FR 7326, Mar. 20, 1973]

8 52.881 Control strategy: Carbon mon

oxide. (a) Due to late submission of the plan revisions, the Administrator disapproves this section of the plan because there was insufficient time to analyze and/or include public comment in the approval/ disapproval decision and complete his evaluation by June 15, 1973. (38 FR 16565, June 22, 1973)

Subpart S-Kentucky SOURCE: 37 FR 10868, May 31, 1972, unless otherwise noted. $ 52.920 Identification of plan.

(a) Title of plan: “Implementation Plan for the Attainment and Mainte

nance of the National and State Ambient Air Quality Standards."

(b) The plan was officially submitted on February 8, 1972.

(c) Supplemental information was submitted on:

(1) March 6 and May 3, 1972, by the Kentucky Air Pollution Control Office, and

(2) March 17 and June 7, 1972. (37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972) $ 52.921 Classification of regions.

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

Air quality control region

Pollutant

Photochemical Particulate Sulfur Nitrogen Carbon oxidants

matter oxides dioxide monoxide (nydrocarbons).

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8 52.923 Approval status.

With the exceptions set forth in this subpart, the Administrator approves Kentucky's plan for the attainment and maintenance of the national standards. $ 52.924 Legal authority.

(a) The requirements of $ 51.11(a) (6) of this chapter are not met since K.R.S. 224.380 of the Air Pollution Control Law of the Commonwealth of Kentucky (June 18, 1970) does not provide for the release, under certain circumstances, of emission data to the public.

(b) Delegation of Authority: Pursuant to section 114 of the Act, Kentucky requested a delegation of authority to enable it to collect, correlate, and release emission data to the public. The Admin

istrator has determined that Kentucky is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to Kentucky his authority under section 114(a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public. (37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972) $ 52.925 [Reserved] $ 52.926 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 Kentucky's plan, except where noted,

Air quality control region

ollutort Particurate Solfur

Photochemical matten

oxides Witroceni Carbon oxidants Pri- Secon- Pri- Secon- dioxide limonoxide (hydrocarbons) nary dary : merý!dary

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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.

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

c. Air quality levels presently below secondary standards. (87 FR 10868, May 31, 1972, as amended at 37 FN 19808, Sept 22, 1972; 38 FR 12702, May 14, 1973)

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