S$ 52.974-52.975 [Reserved]

§ 52.976 Review of new sources and modifications.

(a) The requirements of § 51.18 of this chapter are not met since Louisiana's Regulation 6.0 does not provide procedures to prevent construction or modification of a source which would violate applicable portions of the control strategy or would interfere with attainment or maintenance of the national standards. Regulation 6.0 does not provide that approval of any construction or modification does not affect the owner's responsibility to comply with applicable portions of the control strategy.

(b) Regulation for review of new sources and modifications:

(1) This requirement is applicable to any stationary source in the State of Louisiana, the construction or modification of which is commenced after the effective date of this paragraph.

(2) No owner or operator shall commence construction or modification of any stationary source after the effective date of this paragraph 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:

(i) 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 paragraph 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 million B.t.u. per hour (62.5 billion gm-cal/hr) and burns only gaseous fuel containing not more than 0.5 grains HS per 100 standard cubic feet (5.7 grams/100 standard cubic meters); has a heat input of not more than 1 million B.t.u. per hour (250 million gm-cal/hr) and burns only distillate oil; or has a heat input of not more than 350,000 B.t.u. per hour (88.2 million gm-cal/hr) and burns any other fuel.

(iv) Mobile internal combustion engines.

Primary

Secondary

Interstate.

b Air quality levels presently below secondary standards.

§ 52.980 Compliance schedules.

(a) Federal compliance schedule. (1) Except as provided in subparagraph (2) of this paragraph, the owner or operator of any stationary source subject to § 52.973 (b) shall comply with such regulation on or before December 31, 1973.

(i) Any owner or operator in compliance with § 52.973 (b) 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 $52.973 (b) after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) Any owner or operator of a stationary source subject to subparagraph (1) of this paragraph nay, no later than

120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with § 52.973 (b) 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 inIclude, but not be limited to: submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction or installation of emission control equipment or process change; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after

Air quality control region

§ 52.1021

Photochemical oxidants (hydrocarbons)

(1) "Plan for Implementation of Ambient Air Quality Standards in Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality Control Region."

(2) "Plan for Implementation of Ambient Air Quality Standards in the Central Maryland Intrastate Air Quality Control Region."

(3) "Plan for Implementation of Amthe bient Air Quality Standards in Metropolitan Baltimore Intrastate Air Quality Control Region."

(4) "Plan for Implementation of Ambient Air Quality Standards in the Maryland portion of the National Capital Interstate Air Quality Control Region."

(5) "Plan for Implementation of Ambient Air Quality Standards in the Southern Maryland Intrastate Air Quality Control Region."

(6) "Plan for Implementation of Ambient Air Quality Standards in the Eastern Shore Intrastate Air Quality Control Region."

(b) The plans were officially submitted on January 28, 1972.

(c) Supplemental information was submitted on:

(1) February 25, March 3, March 7, April 4, April 28, and May 8, 1972, by the Maryland Bureau of Air Quality Control, and

(2) April 16, 1973, and May 5, 1973. [37 FR 10870, May 31, 1972, as amended at 38 FR 16565, June 22, 1973]

§ 52.1071 Classification of regions.

The Maryland plans were evaluated on the basis of the following classifications:

(a) The Administrator hereby extends for 18 months the statutory timetable for submission of Maryland's plan for attainment and maintenance of the secondary standards for sulfur oxides in the Metropolitan Baltimore Intrastate Region.

(b) The requested 2-year extension for attainment of the national carbon monoxide and photochemical oxidant standards in the Metropolitan Baltimore intrastate and in the Maryland portion of the National Capital interstate regions cannot be granted because the proposed Maryland control strategies do not provide for attainment of these standards by May 31, 1975, or attainment of these standards as expeditiously as practicable, and do not provide for interim control measures.

[37 FR 10870, May 31, 1972, as amended at 38 FR 16566, June 22, 1973]

§ 52.1073 Approval status.

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

§ 52.1074 Legal authority.

(a) The requirements of § 51.11 (c) of this chapter are not met because the plan does not contain or show the avail

ability of legal authority claimed to exist.

[38 FR 16566, June 22, 1973]

§ 52.1075 Control strategy: Nitrogen dioxide.

(a) The requirements of § 51.14(c) (3) of this chapter are not met since the plan does not provide for the degree of nitrogen oxides emission reduction attainable through the application of reasonably available control technology in the Metropolitan Baltimore Intrastate Region.

(b) Section 04G2 of Maryland's "Regulations Governing the Control of Air Pollution in Area III" (regulation 10.03.38 for the Metropolitan Baltimore Intrastate Region), which is part of the nitrogen dioxide control strategy, is disapproved.

[37 FR 23088, Oct. 28, 1972]

97-025-73-22