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Subpart C-Extensions 51.36 Request for 2-year extension. 51.31 Request for 18-month extension. 51.32 Request for 1-year postponement. Appendix A-Air Quality Estimation. Appendix B-Examples of Emission Limita
tions Attainable with Reasonably
Available Technology. Appendix C—Major Pollutant Sources. Appendix D-Emissions Inventory Summary
(Examples Regions). Appendix E-Point Source Data. Appendix F-Area Source Data. Appendix G-Emmissions Inventory Sum
mary (Other Regions). Appendix H-Air Quality Data Summary. Appendix I-Projected Motor Vehicle Emis
sions. Appendix J—Required Hydrocarbon Emis
sion Control a Function of Photochemical Oxidant Concen
trations. Appendix K-Control Agency Functions. Appendix L-Example Regulations for Pre
vention of Air Pollution Emergency
Episodes. AUTHORITY: The provisions of this Part 51 issued under section 301(a) of the Clean Air Act (42 U.S.C. 1857(a), as amended by section 15(c) (2) of Public Law 91–604, 84 Stat. 1713.
SOURCE: The provisions of this part 51 appear at 36 F.R. 22398, Nov. 25, 1971, unless otherwise noted.
Subpart A-General Provisions $ 51.1 Definitions.
As used in this part, all terms not defined herein shall have the meaning given them in the Act:
(a) “Act” means the Clean Air Act (42 U.S.G. 1857-18571, as amended by Public Law 91-604, 84 Stat. 1676).
(b) “Administrator" means the Administrator of the Environmental Protection Agency (EPA) or his authorized representative.
(c) “Primary standard' means a national primary ambient air quality standard promulgated pursuant to section 109 of the Act.
(d) "Secondary standard' means a national secondary ambient air quality standard promulgated pursuant to section 109 of the Act.
(e) "National standard” means either a primary or a secondary standard.
(f) "Plan” means an implementation plan, under section 110 of the Act, to attain and maintain a national standard.
(g) “Applicable plan” means a plan or portion thereof, or the most recent revision of such plan or portion thereof, which has been approved or promulgated by the Administrator pursuant to section 110 of the Act.
(h) “Regional Office" means one of the ten (10) EPA Regional Offices.
(i) “State agency" means the air pollution control agency primarily responsible for development and implementation of a plan under the Act.
(j) “Local agency” means any air pollution control agency other than a State agency, which is charged with responsibility for carrying out a portion of a plan.
(k) "Point source" means:
(1) Any stationary source causing emissions in excess of 100 tons (90.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 "urban place” population, as defined by the Bureau of Census, was equal to or greater than 1 million or
(2) Any stationary source causing emissions in excess of 25 tons (22.7 metric tons) per year of any pollutant for which there is a national standard in a region containing an area whose 1970 “urban place” population, as defined by the U.S. Bureau of the Census, was less than 1 million and
(3) Without regard to amount of emissions, stationary sources such as those listed in Appendix C to this part.
(1) “Area source” means any small residential, governmental, institutional, commercial, or industrial fuel combustion operations: onsite solid waste disposal facility; motor vehicles, aircraft, vessels, or other transportation facilities; or other miscellaneous sources such as those listed in Appendix D to this part, as identified through inventory techniques similar to those described in: "A Rapid Survey Technique for Estimating Community Air Pollution Emissions," Public Health Service Publication No. 999-AP-29, October 1966.
(m) “Region" means (1) an air quality control region designated by the Secretary of Health, Education, and Welfare or the Administrator, (2) any
area designated by a State agency as an air quality control region and approved by the Administrator, or (3) any area of a State not designated as an air quality control region under subparagraph (1) or (2) of this paragraph.
(n) "Control strategy” means a combination of measures designated to achieve the aggregate reduction of emissions necessary for attainment and maintenance of a national standard, including, but not limited to, measures such as:
(1) Emission limitations.
(2) Federal or State emission charges or taxes or other economic incentives or disincentives.
(3) Closing or relocation of residential, commercial,
(4) Changes in schedules or methods of operation of commercial or industrial facilities or transportation systems, including, but not limited to, short-term changes made in accordance with standby plans.
(5) Periodic inspection and testing of motor vehicle emission control systems, at such time as the Administrator determines that such programs are feasible and practicable.
(6) Emission control measures applicable to in-use motor vehicles, including, but not limited to, measures such as mandatory maintenance, installation of emission control devices, and conversion to gaseous fuels.
(7) Measures to reduce motor vehicle traffic, including, but not limited to, measures such as commuter taxes, gasoline rationing; parking restrictions, or staggered working hours.
(8) Expansion or promotion of the use of mass transportation facilities through measures such as increases in the frequency, convenience, and passengercarrying capacity of mass transportation systems or providing for special bus lanes on major streets and highways.
(9) Any land use or transportation control measures not specifically delineated herein.
(10) Any variation of, or alternative to, any measure delineated herein:
(0) "Reasonably available control technology" means devices, systems, process modifications, or other apparatus or techniques, the application of which
will permit attainment of the emission limitations set forth in Appendix B to this part, provided that Appendix B to this part is not intended, and shall not be construed, to require or encourage State agencies to adopt such emission limitations without due consideration of (1) the necessity of imposing such emission limitations in order to attain and maintain a national standard, (2) the social and economic impact of such emission limitations, and (3) alternative means of providing for attainment and maintenance of such national standard. $ 51.2 Stipulations.
Nothing in this part shall be construed in any manner:
(a) To encourage a State to prepare, adopt, or submit a plan which does not provide for the protection and enhancement of air quality so as to promote the public health and welfare and productive capacity.
(b) To encourage a State to adopt any particular control strategy without taking into consideration the cost-effectiveness of such control strategy in relation to that of alternative control strategies.
(c) To preclude a State from employing techniques other than those specified in this part for purposes of estimating air quality or demonstrating the adequacy of a control strategy, provided that such other techniques are shown to be adequate and appropriate for such purposes.
(d) To encourage a State to prepare, adopt, or submit a plan without taking into consideration the social and economic impact of the control strategy set forth in such plan, including, but not limited to, impact on availability of fuels, energy, transportation, and employment.
(e) To preclude a State from preparing, adopting, or submitting a plan which provides for attainment and maintenance of a national standard through the application of a control strategy not specifically identified or described in this part.
(f) To preclude a State or political subdivision thereof from adopting or enforcing any emission limitations or other measures or combinations thereof to attain and maintain air quality better than that required by a national standard.
(g) To encourage a State to adopt a control strategy uniformly applicable throughout a region unless there is no
satisfactory alternative way of providing for attainment and maintenance of a national standard throughout such region. $ 51.3 Classification of regions.
This section establishes a classification system to categorize regions for purposes of plan development and evaluation. The requirements of this part vary according to the classification of each region, in order that the time and resources to be expended in developing the plan for that region, as well as the substantive content of the plan, will be commensurate with the complexity of the air pollution problem. The classification will be based upon measured ambient air quality, where known, or, where not known, estim ted air quality
in the area of maximum pollutant concentration. All regions will be classified by the Administrator after consultation with State agencies. Each region will be classified separately with respect to each of the following pollutants: Sulfur oxides, particulate matter, carbon monoxide, nitrogen dioxide, and photochemical oxidants.
(a) For sulfur oxides and particulate matter, each region will be classified into one of three categories, defined as Priority I, Priority II, or Priority III.
(1) (i) Ambient concentration limits, expressed micrograms per cubic meter and parts per million by volume (p.p.m. in parentheses) which define the classification system for sulfur oxides and particulate matter are:
(ii) The more restrictive classification will be chosen where there is a difference between the maximum value(s) and the annual averages e.g., if a region is Priority I with respect to an annual average and Priority II with respect to a 24-hour maximum value, the classification will be Priority I.
(2) Procedures which may be used, where appropriate, to estimate air quality in regions where no measured data or inadequate data exist are described in Appendix A to this part.
(b) For carbon monoxide, nitrogen dioxide, and photochemical oxidants, each region will be classified into one of two categories defined as Priority I or Priority III.
(1) Ambient concentration limits which define the classification system are:
(i) Carbon monoxide: Priority I: Equal to or above 55 milligrams per cubic meter (48 p.p.m.), 1-hour maximum, or 14 milligrams per cubic meter (12 p.p.m.), 8-hour maximum; Priority III: Below such values.
(ii) Nitrogen dioxide: Priority I: Equal to or above 110 micrograms per cubic meter (0.06 p.p.m.) annual arithmetic mean; Priority III: Below such value.
(iii) Photochemical oxidants: Priority I: Equal to or above 195 micrograms per cubic meter (0.10 p.p.m.), 1hour maximum; Priority III: Below such value.
(2) In the absence of measured data to the contrary, classification with respect to carbon monoxide, photochemical oxidants and nitrogen dioxide will be based on the following estimate of the relationship between these pollutants and population: Any region containing an area whose 1970 “urban place” population, as defined in the U.S. Bureau of Census, exceeds 200,000 will be classified Priority I. All other regions will be classified Priority III.
(3) Where a region is classified Priority I on the basis of population, the air quality data requirements of $ 51.14 (e) (1) shall apply. If these data indicate the pollutant concentrations are below the values stipulated in subparagraph (1) of this paragraph, the region will be reclassified Priority III.
(4) Classifications with respect to hydrocarbons will be the same as the classifications with respect to photochemical oxidants.
(c) Where a region is classified Priority I on the basis of measured or estimated air quality levels reflecting emissions predominantly from a single point source, it shall be further classified Priority IA. The requirements applicable to Priority IA regions shall be the same as those for other Priority I regions, except that the requirements applicable to Priority II regions under $$ 51.16 and 51.17 shall apply. A procedure for estimating air quality levels reflecting emissions from a single point source is described in Appendix A to this part. $ 51.4 Public hearings.
(a) The State shall, prior to adoption of a plan and after reasonable notice thereof, conduct one or more public hearings on each plan. Separate hearings may be held for plans to implement primary and secondary standards.
(b) For purposes of this part, “reasonable notice" shall be considered to include, at least 30 days prior to the date of such hearing (s):
(1) Notice given to the public by prominent advertisement announcing the date(s), time(s), and place(s) of such hearing(s) and the availability of the principal portions of the proposed plan, including, as a minimum, all rules and regulations which are proposed to be included in such plan, for public inspection in at least one location in each region to which the plan will apply.
(2) Notification to the Administrator (through the appropriate Regional Office).
(3) Notification to any local air pollution control agencies in each region to which the plan will apply.
(4) In the case of an interstate region, notification to any other States included, in whole or in part, in the region.
(c) The State shall prepare and retain, for submission to the Administrator upon his request, a record of the hearing(s). The record shall contain, as a minimum, a list of witnesses together with the text of each presentation.
(d) The State shall submit with its plan (1) a copy of any advertisement
published, broadcast, or otherwise issued pursuant to this section; and (2) a certification that the hearing was held in accordance with the notice required by this section. § 51.5
Submission of plans; preliminary review of plans. (a) Submission to the Administrator shall be accomplished by delivering five copies of the plan to the appropriate Regional Office and a letter to the Administrator notifying him of such action. Plans shall be adopted by the State and submitted to the Administrator by the Governor as follows:
(1) For any primary standard, within 9 months after promulgation of such standard.
(2) For any secondary standard, within 9 months after promulgation of such secondary standard or by such later date prescribed by the Administrator pursuant to Subpart C of this part.
(b) Plans for different regions within a State may be submitted as a single document or as separate documents.
(c) Upon request of a State, the Administrator will provide preliminary review of a plan or portion thereof submitted in advance of the date such plan is due. Such requests shall be made in writing to the appropriate Regional Office and shall be accompanied by five copies of the materials to be reviewed. Requests for preliminary review shall not operate to relieve a State of the responsibility of adopting and submitting plans in accordance with prescribed due dates. & 51.6 Revisions.
(a) The pian shall be revised from time to time, as may be necessary, to take account of:
(1) Revisions of national standards,
(2) The availability of improved or more expeditious methods of attaining such standards, such as improved technology or emission charges or taxes, or
(3) A finding by the Administrator that the plan is substantially inadequate to attain or maintain the national standard which it implements.
(b) The plan shall be revised within 60 days following notification by the Administrator under paragraph (a) of this section, or by such later date prescribed by the Administrator after consultation with the State.
(c) Revisions of rules and regulations included in an applicable plan shall be adopted after reasonable notice and public hearings, as prescribed in $ 51.4.
(d) Any revision of rules and regulations and of compliance schedules shall be submitted to the Administrator in accordance with $ 51.5 within 60 days following its adoption.
(e) Revisions other than those covered by paragraph (b) of this section shall be identified and described in the semiannual report required by $ 51.7. $ 51.7 Reports.
(a) On a quarterly basis commencing with the end of the first full quarter after approval of a plan, or any portion thereof, by the Administrator, the State shall submit to the Administrator (through the appropriate Regional Office) information on air quality. The quarters of the year are January 1March 31, April 1-June 30, July 1– September 30, and October 1-December 31.
(b) On a semiannual basis commencing with the end of the first full semiannual period after approval of a plan, or any portion thereof, by the Administrator, the State shall submit to the Administrator (through the appropriate Regional Office) reports on progress in carrying out the applicable plan. The semiannual periods are January 1-June 30 and July 1-December 31.
(c) The reports required by this section shall be submitted within 45 days after the end of each reporting period in a manner which shall be prescribed by the Administrator. $ 51.8 Approval of plans.
The Administrator shall approve any plan, or portion thereof, or any revision of such plan, or portion thereof, if he determines that it meets the requirements of the Act. Revisions of a plan, or any portion thereof, shall not be considered part of an applicable plan until such revisions have been approved by the Administrator in accordance with this part. Subpart B-Plan Content and
Requirements $ 51.10 General requirements.
(a) During development of a plan, the State is encouraged to identify alterna
tive control strategies, as well as the costs and benefits of each such alternative, for attainment and maintenance of the national standards.
(b) Each plan implementing a primary standard shall provide for the attainment of such standard as expeditiously as practicable, but in no case, except as otherwise provided by Subpart C of this part, later than 3 years after the date of the Administrator's approval of such plan or any revision thereof to take account of a revised primary standard. The projected date of attainment of such standard shall be specified in the plan.
(c) Each plan implementing a secondary standard shall provide for the attainment of such standard by a specified date, which shall be within a reasonable time after the date of the Administrator's approval of such plan.
(d) The plan for each region shall have adequate provisions to insure that pollutant emissions within such region will not interfere with attainment and maintenance of any national standard in any portion of an interstate region or in any other region.
(e) Each plan shall provide for public availability of emission data reported by source owners or operators or otherwise obtained by a State or local agency. Such emission data shall be correlated with applicable emission limitations or other measures. As used in this paragraph, “correlated” means presented in such a manner as to show the relationship between measured or estimated amounts of emissions and the amounts of such emissions allowable under the applicable emission limitations or other measures. $ 51.11 Legal authority.
(a) Each plan shall show that the State has legal authority to carry out the plan, including authority to:
(1) Adopt emission standards and limitations and any other measures necessary for attainment and maintenance of national standards.
(2) Enforce applicable laws, regulations, and standards, and seek injunctive relief.
(3) Abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons, i.e., authority comparable to that avail