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RULES AND REGULATIONS

(2) July 18, 1972, by the State of

Washington Department of Ecology.

Subpart YY-Wisconsin

38. In § 52.2570, paragraph (c) is re- vised to read as follows:

§ 52.2570 Identification of plan.

(c Suplme *a * *

(c) Supplemental information was submitted on February 15, March 3, March 16, and April 7, 1972, by the Bu- reau of Air Pollution Control and Solid

Waste Disposal.

39. Section 52.2573 is amended by adding paragraph (b) as follows;

§ 52.2573 General requirements. • * * * *

(b) Regulation for public availability of emissions data.-(1) The owner or operator of any stationary source in the

State of Wisconsin 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 com- pliance 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 re- porting period. Reporting periods are January 1, to June 30 and July 1 to December 31, except that the initial report- ing 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 own- ers or operators of stationary sources will

be correlated with applicable emission

limitations and other control measures and will be available to the public during normal business hours at the regional office (region V). The Administrator will

designate one or more places in Wisconsin where such emission data and cor- relations will be available for public

inspection.

40. In subparts B, C, E, G, H, K, L,

M, P, Q, R, S, T, V, X, Y, AA, CC,

FF, KK, LL, NN, 00, QQ, RI, VV, and

YY, footnote (a) beneath the tables setting forth dates of attainment of national

standards is amended to read as follows: "a. July 1975."

41. In subpart U, footnote (a) beneath the table setting forth dates of

attainment of national standards is

amended to read as follows: "a. June

1975."

42. In subparts P, CC, LL, NN, VV, and

YY, the note beneath the tables setting forth dates of attainment of national standards is amended by replacing the word "proposed" with the word

"prescribed." As amended, the note

reads: "Note.-Dates or footnotes which

are underlined are prescribed by the

Administrator because the plan did not

provide a specific date or the date pro- vided was not acceptable."

[PR Doc.73-9331 Filed 5-11-73;8:45 am]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

State Implementation Plans

On May 31, 1972 (37 FR 10842), pursuant to section 110 of the Clean Air

Act and 40 CFR part 51, the Administrator approved, with specific exceptions,

State plans for implementation of the

national ambient air quality standards.

Since that date, the Administrator and

many of the States have acted to cor- rect the plan deficiencies identified in

the publication and to clarify and re- vise the information presented there.

On June 14, 1972 (37 FR 11826),

July 27, 1972 (37 FR 15094), and September 22, 1972 (37 FR 19829), the Administrator proposed regulations to correct

deficiencies in the regulatory provisions

of the plans for 40 States. On July 27,

1972 (37 FR 15080), September 22, 1972

(37 FR 19806), and October 28, 1972 (37

FR -23085), the Administrator took final

action (excluding promulgation of

nitrogen oxides emission-limiting regulations) on 24 of these States. On

March 23, 1973 (38 FR 7554) the Administrator took final action on the reg- ulations proposed on July 27, 1972, affecting powerplants in Arizona, New

Mexico, and Utah. This publication sets

forth Agency action on Arizona, California, Idaho, Nevada, New Mexico, and

Utah, but does not correct all remaining deficiencies in the plans for four of

these States (Arizona, California, Idaho,

and Utah); the remaining deficiencies

will be dealt with in a future publication.

Section 110(a) (2) (F) (iv) of the Clean

Air Act and 40 CFR 51.10(e) require that

State implementation plans include procedures for making emission data, as correlated with applicable emission limitations, available to the public. The regulations promulgated below for the States

of California, Nevada, and Utah provide

for the Administrator's carrying out this

program, since the plans lacked such

procedures.

Section 110(a) (2) (B) of the Clean Air

Act and 40 CPR 51.15 require that State

implementation plans contain legally en- forceable compliance schedules and that

any such compliance schedule that ex- tends beyond January 31, 1974, shall

contain periodic increments of progress toward compliance. The regulations pro- mulgated below provide the Administrator with a means of obtaining the neces- sary compliance schedules from sources in New Mexico. This promulgation is

necessary because the compliance dates

for certain of the State's emission limitations extend beyond January 31, 1974,

and increments of progress are not specified. Regulations promulgated below for

Arizona and Utah require sources to submit schedules for compliance with the

emission limitations being promulgated

by the Agency. These regulations are necessary because the States could not

prescribe compliance schedules for the

affected sources.

Section 110(a) (2) of the Clean Air Act

and 40 CFR 51.18 require that State implementation plans provide for legally

enforceable procedures that will enable

the States to prevent construction of new sources or modification of existing sources if such construction or mqdification: (1) Will result in violation of the

applicable portion of the State's control

strategy; or (2) will Interfere with attainment or maintenance of a nAtional

ambient air quality standard. The regulations promulgated below provide the

Administrator with such procedures for

action under (2) above with respect to

stationary sources in Pima County, Ariz,;

Washoe County, Nev.; and 37 counties in

California. Regulations are also promulgated below four other counties in

California to provide the Administrator

with procedures for action under both

(1) and (2) above In four other California counties. The plans for these three

States did not provide adequate procedures to prevent construction or modifl-

-cation of sources In the circumstances

noted. The Administrator Is aware that some of the counties In California have

acted to correct these deficiencies; however, the State has not submitted the new local regulations to the Administrator

for inclusion in the Implementation plan.

Upon official submission, the regulations promulgated below may be revoked for

certain of the California counties.

Procedures also are promulgated below

to prevent construction or modification

of sources in Arizona and Utah which are subject to the regulations promulgated below for control of particulate

matter emissions, If any such source would result in violation of any provision

of the regulations. such procedures are necessary because the State cannot prevent construction of sources which would

violate provisions of federally promulgated regulations.

Section 110(a) (2) (F) (it) of the Clean

Air Act and 40 CFR 51.19(a) require that

the State implementation plans Include

procedures for requiring owners or operators of stationary sources to maintain records of, and periodically report

to the State information on, the nature

and amount of emissions and other Information necessary to determine whether

such sources are In compliance with applicable portions of the control strategy

in the State implementation plan. The

regulations promulgated below for sources n Arizona, California, and Nevada provide for the Administrator's car- rying out this program, since the State's

plans did not contain adequate procedures.

The Arizona plan was not adequate to

attain the primary standards for par- ticulate matter in the Phoenix-Tucson

Intrastate Region. The emission Inventory indicated that the problem Is a result of emissions from stationary sources

(mainly process sources) and fugitive

dust sources. Accordingly, control of both

these source categories Is necessary to attain the national particulate matter

standards. Since additional stationary

source control beyond that required by

the State's regulations could be obtained

FEDERAL REGISTER, .VOL. 38, NO. 92-MONDAY, MAY 14, 1973

12702

HeinOnline -- 38 Fed. Reg. 12702 1973
RULES AND REGULATIONS

by applying reasonably available control

technology to process-sources, the emission limitations for process sources in the

plan were disapproved on May 31, 1972

(37 FR 10842).

On July 27, 1972 (37 FR 15094), the

Agency proposed substitute regulationsfor process sources equivalent to reason- able available control technology. These

regulations are promulgated below es- sentially as proposed, except that a spe- cific regulation has been developed for

portland cement plants. It was pointed

out at the public hearing that the pro- posed process weight regulation

would require portland cement plants above a certain size to control emissions

below that specified in 40 CFR 60.60 (New

Source Performance Standards.) Since

the new source performance standard

represents the best available control

technology for new portland cement

plants, the Agency has determined that

it would be unreasonable to impose more stringent control requirements. However,

testing and inspection of existing portland cement plants as well as other

analysig associated with the development

of the new source standards demonstrated to the Agency's satisfaction that the

control technology is available to control

the large plants in question to the same degree as required for new plants under

40 CFR 60.60. Controls for fugitive dust sources in Arizona will be proposed by the

Administrator in a separate FED REGisTR notice.

The Utah implementation plan included a regulation for control of par- ticulate matter emissions (Code of Air

Conservation Regulations, sec. 3.5),

which was determined to be unenforceable because it is ambiguous as to the

method for determining application of

the requirement for 85 percent control of

particulate matter emissions. This regulation was therefore disapproved on May

31, 1972 (37 FR 10842). Because a 42-

percent reduction in emissions (18,080

tons per year) is required in the Wasatch

Front Intrastate Region to attain and

maintain the secondary standards for

particulate matter (6Mpg/m, annual geometric mean), the Administrator pro- posed on July 27, 1972 (37 FR 15094),

particulate matter emission limitations

applicable to process sources (except byproduct coke ovens), fuel burning

sources, and incinerators. The regulation

promulgated below for fuel burning sources differs from the proposed regula- tion in that it has been modified to ex- clude waste heat boilers. This revision is

in response to a statement at the public

hearing by the affected source that its

waste heat boiler would be subject to both

the proposed fuel burning source regula- tion and the proposed process source regulation. The Agency has determined that

since the particulate matter emitted from

the waste heat boiler is in fact generated

by a process source-a catalytic cracking

unit-it is appropriate from a technological standpoint to apply only the process

source emission linitation to this boiler.

The requisite control will be achieved by

the application of the limitation.

The Agency's proposed regulation for

process sources exempted byproduct coke

ovens; a separate visible emission regula- tion was proposed for these ovens. This

approach reflects the Agencys determination that compliance with the emilon

limitations in the process welght re.-ulation is not feasible for byproduct coke ovens. Particulate matter emlions from

such ovens may be controlled, however,

by proper "housekeeping" and operating

practices, the visble emission limitation

promulgated below, revised only slightly

from the proposal, will require that these ovens be operated in a manner so as to

substantially control emisslons.

The Agency has determined that the

emission limitations promulgated below

will reduce emissions to 17,00 tons Per

year by mid-1975, thus providing for attainment of the secondary standards for

particulate matter. The growth factors

used in the calculations were determined

from population and economic projec- tions for Salt Lake City (Economic Projections for Air Quality Control Regions,

U.S. Department of Commerce, 1970).

Public hearings on the proposed regulations were held by EPA in most affected States. Interested parties tetifled at the hearings and submitted written comments. Consideration of this information and further review of the pro- posed regulations led to only minor re- visions:

(1) The Administrator will specify at

least one location i each affected State

where he will make emission data obtained by the Agency available to the

public. These data generally will not be

available before July 1, 1973, because

EPA must notify sources of reporting re- quirements, insuire that valid data are collected, and correlate reported emissions with allowed emissions.

(2) The date for submission of com- pliance schedules to EPA has been

changed from December 31, 1972, to "120

days from the effective date of the com- pliance schedule regulation." This

change allows all sources subject to Federal regulations an equal amount of time

to submit compliance schedules.

(3) The proposed regulations for com- pliance schedule "Increments of progress" has been modified to clarify the

definition of "increments of progress".

(4) The procedures for review of new and modified sources have been modified

to allow the Administrator to waive re- quirements for performance tests after a new or modified source commences oper- ation. It is recognized that compliance with applicable emission limitations can be determined by other means In certain

circumstances without the need for

emission performance testing. Also, the

list of sources exempt from the new source review requirements is expanded

to cover additional sources of minor pollution contribution, The emissions from

the additional sources exempted. are similar in magnitude to thoze sources lready exempt and are considered to have an insignificant effect on air quality.

In this publication, the Administrator

prescribes the latest dates by which cer- tain of the national ambient air quality

standards are to be attained in Arizona,

Calornia, Idaho, Nevada, New Mexico,

and Utab. The dates are equivalent to

those proposed on July 27, 1972 (37 FR

15094). The dates proposed on July 27 were expressed in terms of "yers from

plan approval or promulgatlon" as specifled in sections 110(a) (2) (A) (i) and

110(e) of the act. Because of the various

dates on which the Agency has taken

action involving these States, the above

notation could lead to confu.-ion con- cerning the intended attainment date.

Consequently, the appropriate footnotes

have changed to specify the month and

year. The dates indicated are consistent

with the Intent of the act.

The regulations described above, with

the exception of regulations providing

for the review of new sources and modifications, are effective on the date of

their publication in the FEDrmx, REasTzR. The Agency finds that good cause exists for making such regulations effectlve upon publication because section

110(c) of the Clean Air Act calls for

prompt promulgation of such regulations

by the Administrator, and the date for

such promulgation h passed.

Mhe regulatlons providing for review

of new sources and modifications

[C§ 52.129 (c) and (d), 52233 M-) and

(g), 52.1478(b), 52.1628(a), and 52.2334

(a) I are effective on June 13, 1973.

This publication also contains amendments to the Administrator's approval/

disapprovals pertinent to five States. A

brief discusson of the details involved

in correcting some of the plan deficiencles in the affected States Is presented

below.

The Arizona plan, as initially submitted, did not contain State emission limitations; however, the emission limitations of two county agencies were submitted. Since the local agency regula- tions were part of the control strategy, the State vas required to have authority

to enforce the local regulations. The

SLate did not have such authority and

thus the plan was disapproved in this area. This deficiency was subsequently rectifled by the State's submittal of

emission limitations which are essen- tially the same as the local regulations.

The Agency's pertinent disapprovals are revoked below.

T7e Idaho plan did not provide the

sulphur oxide emlszion reductions neces- sary for the attainment and maintenance

of national ambient air quality standards

In the Eaztern Idaho Intrastate Air Quality Control Region. This deficiency was corrected when the State submitted a regulation limitlng emissions from sulfuric add plants. The regulation requires a sulphur oxides emission limitation of

23 lb/ton of 100-percent sulfuric acid

produced. Based on the results of a diffudon modeling study, EPA concurs that

this emission reduction will be adequate

to attcdn and maintain the secondary

sulfur oxddes standards.

Idaho's plan also did not contain pro- cedure for adequate review of new and

modified sources, since the State's regu- lation exempted certain modified sources from review. The State procedures also

did not provide that approval of conFEDERAL REGISTER, VOL 38, NO. 92-44ONDAY, MAY 14, 1973

No. 92-Pt. 11-2

1203

HeinOnline -- 38 Fed. Reg. 12703 1973
struction would not relieve source owners and operators from responsibility to

comply with applicable portions of the

control strategy. The State has subsequently revised its -new source review

procedures to correct these deficiencies

and the Agency's disapproval is revoked

below.

The Nevada plan required all abatement orders issued during air pollution

emergency episode6 to be subject to de novo judicial review, which would stay the enforcement of the orders. The legal

opinion from the Office of the attorney general of the State of Nevada states

that the filing of court appeal from an emergency order of the Control Officer, as affirmed by the State Environmental

Protection Board, will not automatically

stay the effect of the order. A court may,

upon the filing of an appeal, stay the

order but it is discretionary with the

court. Accordingly, the Administrator

has determined that the plan is not deficient in this area and revokes the original disapproval.

The Utah plan as originally submitted

did not provide for the disapproval of

construction of a new source or modification of anexisting source which would

interfere with the attainment or maintenance of a national standard. Also, the

manpower program provided in the plan did not provide for adequate engineering activities. The State has submitted a re- vision to its regulations which will enable

it to prevent construction or modification of a source if a national standard

would be exceeded.. The State also submitted a revised manpower distribution

schedule which allocated sufficient re- sources to enforcement and engineering. Therefore, the deficiencies n6ted above

have been corrected and accordingly, the

appropriate disapprovals are revoked.

The New Mexico plan initially indicated that the local agency in Bernalillo

County would be responsible for carrying

out requirements for making emission

data available to the public, for review

of new or modified sources, and for source recordkeeping and reporting; however, the local agency procedures were inadequate in these areas. The

State has adequate procedures in each

of these areas and has subsequently indicated that it will assume reponsibility for implementing" these procedures throughout the State. The appropriate

disapprovals are revoked accordingly.

New Mexico has submitted supplemental information which permits the State

agency to prevent construction of new or modified sources which would interfere with attainment or maintenance of

any nati6nal standard. The previous disapproval is revoked below. The State also

supplemented its plan by correcting deficiencies for dealing with air pollution

emergency episodes and source recordkeeping and reporting, which enables the

Agency to revoke below the disapprovals based upon those deficiencies.

The amendments for these five States are effective on the date of their publication In the FEDERAL REGISTER. The Agency finds that good cause exists for not publishing these amendments as a notice of

RULES AND REGULATIONS

proposed rulemaking and for making them effective immediately upon publication for the following reasons: (1) The implementaion plans were prepared, adopted, and submitted by the

States, and reviewed and evaluated by the Administrator pursuant to 40 CFR

part 51, which, prior to promulgation,

had been published as a notice of pro- posed rulemaking for comment by interested persons, and

(2) The approved implementation plan provisions were adopted in accord- ance with procedural requirements of

State and Federal law, which provided for adequate public participation through notice, public hearings, and time for com- ments, and consequently further public participation if unnecessary and impracticable.

(42 U.S.C. 1857c-5 and 9)

Dated: May 7,1973.

ROBERT W. FRI,

Acting Administrator.

Subpart D-Arizona

§ 52.124 [Revoked]

1. Section 52.124 is revoked.

2. Section 52.126 is amended by adding paragraph (b) as follows:

§ 52.126 Control strategy and regula- tions: Particulate matter.

(b) Replacement regulation for Regu- lation 7-1-3.6 of the Arizona Rules and

Regulations for Air Pollution Control,

Rule 31 (E) of Regulation III of the Maricopa County Air Pollution Control Rules

and Regulations, and Rule 2(B) of Regulation II of the Rules and Regulations

of Pima County Air Pollution Control

District (Phoenix-Tucson Intrastate Region) (1) No owner or operator of any stationary process source in the PhoenixTucson Intrastate Region (§ 81.36 of this

chapter) shall discharge or cause the

discharge of particulate matter into the

atmosphere in excess of the hourly rate

shown in the following table for the proc- ess weight rate identified for such source:

Process Emission Process Emission

weight rate rat weight rate rate

(pounds (pounds (pounds (pounds

per hour) per hour) per hour) per hour)

50 -------------- 0.36 60,000 20.60

100 ------------ 0.55 80,000 31.19

00 ------------ 1.53 120,000 33.28

1,000 2.25 160,000 34.85

5,000 6.34 200,000 36.11

10,000 -------- 9.73 400,000 40.35 20,000 . 14. 9 1,000,000 46.72

(i) Interpolation of the data in the table for process weight rates up to 60,000

lbs/hr shall be 'accomplished by use of

the equation:

E=3.59 pe,1e P 30 tons/h

and interpolation and extrapolation of

the data for process weight rates in ex- cess of 60,000 lbs/hr shall be accom- plished by use of the equation:

E=17.31 P, "> 30 tons/h

Where: E=Emissions in pounds per hour

P=Process weight In tons per hour

(fi) Process weight is the total weight of all materials and solid fuels introduced

into any specific process. Liquid and

gaseous fuels and combustion air will

not be considered as part of the process

weight. For a cyclical or batch operation, the process weight per hour will be derived by dividing the total process weight by the number of hours In one complete operation from the be.Inning of the

given process to the completion thereof,

excluding any time during which the

equipment Is Idle. For a continuous op- eration, the process weight per hour will

be derived by dividing the process weight for a given period of time by the num- ber of hours In that period.

(liI) For purposes of this regulation,

the total process weight from all similar

units employing a similar type process

shall be used in determining the maxi- mum allowable emission of particulate

matter.

(2) Paragraph (b) (1) of this section

shall not apply to incinerators, fuel

burning installations, or Portland cement

plants having a process weight rate in excess of 250,000 lb/h.

(3) No owner or operator of a Portland cement plant In the Phoenix-Tucson

Intrastate Region (§ 81.36 of this chapter) with a process weight rate in excess of 250,000 lb/h shall discharge or cause the discharge of particulate matter into

the atmosphere in excess of the amount

specified in § 60.62 of this chapter.

(4) Compliance with this paragraph shall be In accordance with the provi- sions of § 52.134(a).

(5) The test methods and procedures used to determine compliance with this

paragraph are set forth below. The methods referenced are contained in the ap- pendix to part 60 of this chapter. Equiv- alent methods and procedu'es may be

used if approved by the Administrator. (i) For each sampling repetition, the

average concentration of particulate

matter shall be determined by using method 5. Traversing during sampling by method 5 shall be according to method 1. The minimum sampling time shall

be 2 hours and the minimum sampling volume shall be 60 ft3 (1.70 in0), cor- rected to standard conditions on a dry basis.

(ii) The volumetric flow rate of the

total effluent shall be determined by us- ing method 2 and traversing according to

method 1. Gas analysis shall be per- formed using the integrated sample technique of method 3, and moisture

content shall be determined by the con- denser technique of method 4.

(iii) All tests shall be conducted while

the source Is operating at the maximum

production or combistion rate at which

such source will be operated, During the

tests, the source shall burn fuels or combinations of fuels, use raw materials, and

maintain process conditions representative of normal operation, and shall operate under such other relevant conditions as the Administrator shall specify.

3. Section 52.129 Is amended by adding paragraphs (c) and (d) as follows:

FEDERAL REGISTER, VOL. 38, NO. 92-MONDAY, MAY 14, 1973

HeinOnline -- 38 Fed. Reg. 12704 1973
RULES AND REGULATIONS

§ 52.129 Review of new sources and

modifications.

(c) Regulation for review of new sources and modi heations.-(1) The

requirements of this paragraph are applicable to any stationary source in

Pima County in the Phoenix-Tucson Intrastate Region (§ 81.36 of this chap- ter), the construction or modification

of 'which it commenced after the effective date of this regulation. (2) No owner or operator shall com- mence construction or modification of

any new source after the effective date

of this regulation without first obtaining approval from the Administrator of

the location of such source. (I) Application for approval to con- struct or modify shall be made on forms

furnished by the Administrator, or by other means prescribed by the

Administrator.

(ii) A separate application is re- quired for each source. (ii) Each application shall be signed

by the applicant. (iv) Each application shall be ac- companied by site information, stack

data, and the nature and amount of

emissions. Such information shall be sufficient to enable the Administrator to

make any determination pursuant to

paragraph (c) (3) of this section.

.(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 the source will not prevent or interfere with attainment or mainte- nance 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 ap- plication. The Administrator fill set

forth his reasons for any denial..

(5) 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 I year. (6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State or Federal regulation which

is part of the applicable plan.

(d) Regulation for review of new sources and modiftcations: Federal Regu- 7aions.-(1) This requirement is appli- cable to any stationary source subject to

the requirements of § 52.126(b), the

construction or modification of 'which is

commenced after the effective date of

this regulation.

(2) No owner or operator shall com- mence construction or modification of

any stationary source after the effective

date of this regulation, without first obtaining approval from the Administrator

of the location and design of such source. (i) Application for approval to con- struct 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 accom- panied by site information, plans, descriptions, specifications, and drawings

showing the design of the source, the

nature and amount of emiLssons, 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 the source will operate without causing a violation of § 52.126(b).

(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 ap- plication. -The Administrator will set

forth his reasons for any denial,

(5) The Administmtor may Impose

any reasonable conditions upon an approval including conditions requiring the source to be provided with:

(1) Sampling ports of a size, number,

and location as the Administrator may require. (fli) Safe access to each port, (ill) 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 regulation shall

furnish the Administrator written notfication as follows:

(D A notification of the anticipated dateof initial startup of 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 the methods

and under operating conditions approved by the Administrator and furnish the

Administrator a written report of the

results of such performance test.

(D Such test shall be at.the expense of the owner or operator.

(1U) The Administrator may monitor

such test and also may conduct perform- ance tests.

(liI) The owner or operator of a source shall provide the Administrator

15 days prior notice of the performance

test to afford the Administrator the op- portunity to have an observer present.

(iv) The Adminis rator may waive the

requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfactfon that the source is

being operated in compliance with the

requirements of § 52.126(b). (9) Approval to construct or modify shall not relieve the owner or operator of the responsibility to comply with all

local, State, or Federal regulations which are part of the applicable Dlan

4. Section 52.130 is amended by adding paragraph (c) as follows:

§ 52.130 Source surveillance.

(c) Regulation for source recordseep- ing and reporting-(1) The owner or operator of any stationary source in the

counties of Gila, Pinal, and Santa Cruz

in the Phoenix-Tucson Intrastate Region (§ 81.36 of this chapter); or the

Arizona portions of the Four Corners, Clark-Mohave, or Arizona-Nev Mexico

Southern Border Interstate Regions (§§ 81.121, 81.80, and 81.99 of this chap- ter), siad1, upon notification from the

Administrator, maintain records of the

nature and amounts of emissions from

such source or any other information as may be deemed necessary by the AdminIstmtor 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, and shall be submitted within

45 days after the end of the reporting

period. Reporting periods are January 1

to June 30 and July 1 to 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 emis- son limitations and other control meas- ures. All such emission dAta 'wil be available during normal business hours at

the regional ofice (region IX). The Administrator vil1 designate one or more places in Arizona where such emission

data and correlations will be available

for public inspection.

5. In § 52.134, paragraph (a) is revised

to read as follows:

§ 52.134 Compliance schedules.

(a) Federal comp iance schedue.-Ul)

Except as provided n paragraph (a) (2) of this section, the owner or operator of

any stationary source subject to § 52.126

(b) shall comply with such rerulation on or before January 31,1974. The owner or operator of the source subject to

§ 52.125 (c) shall comply with such regulation at initial start-up of such source unlezs a compliance schedule has been

submitted pursuant to paragraph (a) (2)

of this section.

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RULES AND REGULATIONS

(I) Any owner or operator in compliatce with § 52.126(b) on the effective

date of this regulation shall certify such

compliance to the Administrator no later

than 120 days following the effective date

of this paragraph.

(ii) Any owner or operator who

achieves compliance with § 52.125(c) or § 52.126(b) after the effective date of

this regulation shall certify such com- pliance to the Administrator within 5

days of the date compliance is achieved.

(2) Any owner or operator of the stationary source subject to § 52.125(c) and

paragraph (a) (1) of this section may, no later than July 23, 1973, submit to

the Administrator for approval a proposed compliance schedule that demonstrates compliance with § 52.125(c)- as expeditiously as practicable but no later

than March 15; 1976. Any owner or operator of a stationary source subject to

§ 52.126(b) and paragraph (a) (1) of this

section may, no later than 120 days following the effective date of this para- graph, submit to the Administrator for

approval a proposed compliance schedule that demonstrates compliance with

§ 52.126(b) as expeditiously as practicable but not later than July 31, 1975.

(1) The compliance schedule shall pro- vide for periodic increments of progress toward compliance. The dates for

achievement of such increments shall be

specified. Increments of progress shall

include, but not be limited to: submittal

of the final control plan to the Adminformation 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 re- porting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial report- ing period shall commence on the date

the Administrator issues notification of

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 own- ers or operators of stationary sources pursuant to this paragraph and

§ 52.234(d) will be correlated with ap- plicable emission limitations and other

control measures. The Administrator will

designate one or more places in Callfornia where such emission data and cor- relations will be available for public

inspection.

7. Section 52.233 is amended by adding paragraphs Xf) and (g), as follows:

§ 52.233 Review of new sources and

modifications.

for construction or process change, or

issuance of orders for the purchase of f) Regulation for review of new

component parts to accomplish emission sources and modilcations.-(1) The recontrol equipment or process modificd- quirements of this paragraph are applition; completion of onsite construction cable to:

or installation of emission control equip- (i) Any stationary source in the speciment or process modification; and final fled portions of the regions listed below,

compliance, the construction or modification of which

is commenced after the effective date of (ii) Any compliance schedule for the this regulation: stationary source subject to § 52.125(c) (a) Metropolitan Los Angeles Intrawhich extends beyond July 31, 1975, shall state Q 81.17 of this chapter) : apply any reasonable interim measures (i Ventura County Air Pollution Conof control designed to reduce the impact trol District.

of such source on public health. (ii) Santa Barbara County Air Pol-

(3) Any owner or operator who sub- lution Control District.

mits a compliance schedule pursuant to (b) Sacramento Valley Intrastate

this paragraph shall, within 5 days after (1 81.163 of this chapter): the deadline for each increment of (i) Sacramento County Air Pollution

progress, certify to the Administrator Control District.

whether or not the required increment (c) San Joaquin Valley Intrastate

of the approved compliance schedule has (Q 81.167 of this chapter) : been met. (i) Mariposa County Air Pollution

* * * Control District.

Subpart F--California (d) South Central Coast Intrastate

(Q 81.166 of this chapter) : 6. Section 52.224 is amended by add- (i) Santa Barbara County Air Polluing paragraph (b), as follows: tion Control District.

§ 52.224 General requirements. (ii) Any stationary source subject to , . . . the requirements of §§ 52.226(c), 52.227

(c), 52.228(b), or 52.230(b), the construe- (b) Regulation for public aivailabilitV tion or modification of which is com- of emission data.-(1) The owner or menced after the effective date of this

operator of any stationary source in the

Mendocino County and Lake County Air regulation.

Pollution Control District portions of the (2) No owner or operator shall com- North Coast Intrastate Region (Q 81.161 mence construction or modification of a

of this chapter) shall, upon notification stationary source after the effective date

from the Administrator maintain records of this regulation wifhout first obtaining

of the nature and amounts of emissions approval from the Administrator of the

from such source and/or any other in- location and design of such source.

(I) Application for approval to con- struct 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. (ii) Each application shall be signed

by the applicant.

(iv) Each application shall be accom- panied 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 be operated without causing a violation of any local, State, or Federal regulations which are part of

the applicable plan.

(it) 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 ap- plication. The Administrator will set

forth his reasons for any denial.

(5) The Administrator may impose

any reasonable donditions upon an ap- proval, 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,

(ill) 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 sus- pended for 1 year. (7) Any owner or operator subject to

the provisions of this regulation shall

furnish the Administrator written notification as follows:

(I) A notification of the anticipated

date or initial startup of the source not more than, 60 days or less than 30 days

prior to such date.

(i) A notification of the actual date of

Initial startup of the 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.

FEDERAL REGISTER, VOL 38, NO. 92-MONDAY, MAY 14, 1973

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RULES AND REGULATIONS

(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

local, State and Federal regulations

which are part of the applicable plan.

(9) Approval to construct or modify

shall not be required for:

Ci) 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.

Cii) Fuel burning equipment, other

than smokeh6use generators which has a

heat input of not more than 250 MBtu/h

(62.5 billion g-cal/h) and burns only

gaseous fuel containing not more than

0.5 grain HnS per 100 stdfV (5.7 g/100

stdm?) ; has a heat input of not more

than 1 IfBtu/h (250 Mg-cal/h) and

burns only distillate oil; or has a heat

input of not more than 350,000 Btu/h

(88.2 Mg-cal/h) and burns any other

fuel.

Ciy) Mobile internal combustion engines.

(v) Laboratory equipment used exclusively for chemical or physical analyses.

(vi) Other sources of minor significance specified by the Administrator.

(10) Approval to construct or modify

shall not relieve any person of the responsibility to comply with any local,

State, or Federal regulation which is part

of the applicable plan.

Cg) Regulation *for review of new

sources and modification.-(l) The requirements of this paragraph are applicable to any stationary source in the

specified portions of the regions listed

below, the construction or modification

of which is commenced after the effective date of this regulation.

(i) Great Basin Valley Intrastate

(§ 81.159 of this chapter) :

(a) Alpine County Air Pollution Control District.*

(b) Inyo County Air Pollution Control

District.

(c) Mlono County Air Pollution Control District.

Ci) Metropolitan Los Angeles Intrastate CQ 81.17 of this chapter) :

(a) Los Angeles County Air Pollution

Control District.

(b) Orange County Air Pollution Control District.

(c) Riverside County Air Pollution

Control District.

(d) San Bernardino County Air Pollution Control District.

(iii) North Central Coast Intrastate

(§ 81.160 of this chapter):

(a) Monterey-Santa Cruz Unified Air

Pollution Control District,

(b) San Benito County Air Pollution

Control District.

(iv) North Coast Intrastate § 81.161

of this chapter) : (a) Humboldt County Air Pollution

Control District.

() Mendocino County Air Pollution

Control District.

(c) Slsklyou County Air Pollution Control District.

(v) Northeast Plateau Intrastate

(§ 81.162 of this chapter) :

(a) Lassen County Air Pollution Control District.

(b) Sisldyou County Air Pollution

Control District.

(c) Modoc County Air Pollution Control District.

(d) Shasta County Air Pollution Control District.

(vi) Sacramento Valley Intrastate

C§ 81.163 of this chapter) :

(a) El Dorado County Air Pollution

Control District.

Cb) Glenn County Air Pollution Control District.

(c) Nevada County Air Pollution Control District.

(d) Placer County Air Pollution Control District.

(e) Plumas County Air Pollution Control District.

Wl) Shasta County Air Pollution Control District.

(g) Sierra County Air Pollution Control District.

(h) Sutter County Air Pollution Control District..

C) Yolo-Solano Unified Air Pollution

Control District.

(vii) San Diego Intrastate (Q 81.164 of

this chapter):

(a) San Diego Intrastate Air Pollution

Control District.

(viii) San Joaquin Intrastate (§ 81.167

of this chapter) : (a) Amador County Air Pollution Control District.

(b) Tuolumne County Air Pollution

Control District.

(c) Calaveras County Air Pollution

Control District.

(d) Fresno County Air Pollution Control District.

(e) Kern County Air Polutlon Control

District.

(C) Kings County Air Pollutlon Control District.

(g) Madera County Air Pollution Control District.

(h) Merced County Air Pollution Control District.

(i) San Joaquin County Air Pollution

Control District.

(C) StanLslaus County Air Pollution

Control District.

(k) Tulare County Air Pollution Control District.

(lx) Southeast Desert Intrastate

C§ 81.167 of this chapter):

(a) Los Angeles County Air Pollution

Control District.

b) Riverside County Air Pollution

Control District.

(e) San Bernardino County Air Pollution Control District.

(d) San Diego County Air Pollution

Control District.

(e) Kern County Air Polution Control

District.

x) San Francisco Bay Area Intrastate § 81.21 of this chapter) :

(a) Yolo-Solano Unified Air Pollution

Control District.

(2) No owner or operator shall commence construction or modification of

any new source after the effective date

of this regulation without first obtaining

approval from the Administrator of the

location of such source.

(i) Application for approval to construct or modify shall be made on forms

furnIshed by the Administrator, or by

other mean prescribed by the Administrator.

(fl) A separate application is required

for each source. (ill) Each application shall be signed

by the applicant.

(iv) Each application 'ill be accompanled by site information, stack data,

and the nature and amount of emissions.

Such information shall be sufficient to

enable the Administrator to make any

determination Pursuant to paragraph Cg)

(3) of this section.

(v) Any additional information, plans,

specifications, evidence, or documentation that the Adminis-trator may require

sha be furnished upon request.

(3) No approval to construct or modify

will be granted unlezs the applicant shows

to the satisfaction of the Administrator

that 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 notify the

applicant in writing of hIs approval, or

denial of the application. The Administrator will set forth his reasons for any

denial-

(5) 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.

(6) Approval to construct or modify

shall not relieve any owner or operator

of the responsibility to comply with any

local, State, or Federal regulation which

is part of the applicable plan.

8. Section 52.234 is amended by adding para raph (d) as follows:

52.234 Source surveillance.

(d) Reglation for source record7:cepjng and reportfng.(1) The owner

or operator of any stationary source in

the State of California, except in the

Mendocino County Air Pollution Control

District and Lake County Air Pollution

Control District portions of the North

Coast Intrastate Region § 81.161 of this

chapter), shall, upon notification from

the Administrator maintain record3 ofthe 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 emision limitations or other control measures.

(2) The information recorded shall

be summarized and reported to the Administrator, on forms funished by the

FEDERAL REGISTER, VOL 38, NO. 92-MONDAY, MAY 14, 1973

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12708

Administrator, and shall be submitted

within 45 days after the end of the reporting period. Reporting periods are

January 1 to June 30 and July 1 to 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.

9. Section 52.240 is amended by adding paragraphs (c) and (d), as follows:

§ 52.240 Compliance schedules.

(c) Federal compliance schedule.-(1)

-Except as provided in subparagraph (2)

of this paragraph, the owner or operator

of any stationary source subject to rule

68.a of the Orange County Air Pollution

Control District shall comply with such

rule or regulation on or before January 31, 1974.

(I) Any owner or operator in compliance with this rule on the effective date

of this regulation shall certify guch compliance to the Administrator no later

than 120 days following the effective

date of this paragraph.

(ii) Any owner or operator who

achieves compliance with such rule or

regulation after the effectiv& date of this

regulation 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 paragraph (c) (1) of this section may, not 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 the rules and regulations

specified in paragraph (c) (1) of this

section as expeditiously as practicable but no later than July 31, 1975. The compliance schedule shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but

not be limited to: submittal of final control plan to the Administrator; letting of necessary contracts for construction

or process changes 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 modification;

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

the deadline for each increment of progress, certify to the Administrator whether

or not the required increment of the ap- proved compliance schedule has been

met.

(d) Regulation for increments of prog- ress.-C1) The requirements of this paraRULES AND REGULATIONS

graph are applicable to any stationary

source in the following regions subject to

the indicated regulations.

(I) Metropolitan Los Angeles Intrastate:

(a) Rules 50-A, 52-A, 53-A(a), 53-A

(b), 53-A(c), 53.2, 53.3, 54A, 58A 62.1,

68, 69, 70, and 71 of the San Bernardino

County APCD

(b) Rules 53, 72.1, ahd 72.2 of the Riverside County APCD

(c) Rules 53 and 66.c of the Orange

County APCD

(d) Rule 39.1 of the Santa Barbara

County APCD

(e) Rule 59 of the Ventura County

APCD

Wl Rule 66(c) of the Los Angeles

County APCD

(ii) Northeast Plateau Intrastate:

(a) Rule 4.5 of the Siskiyou County

APCD

(iII) San Francisco Bay Area Intrastate:

(a) Rule 64(c) of the Sonoma County

APCD

(iv) Southeast Desert Intrastate:

(a) Rules 50-A, 52-A, 53-A(a), 53-A

(b), 53-A(c), 53.2, 53.3, 54.A, 58.A, 62.1,

68, 69, 70, and 71 of the San Bernardino

County APCD

(b) Rules 53, 72.1, and 72.2 of the Riverside County APCD

(v) San Joaquin Valley Intrastate:

(a) Rule 409 of the Tulare County

APCD

(vi) North Coast Intrastate:

(a) Rule 4.5 of the Siskiyou County

APCD

(2) Except as provided in subparagraph (3) of this paragraph, the owner or operator of any stationary source

shall, 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 the applicable

regulations as expeditiously as practicable but no later than the final com- pliance date specified by such applicable

regulation. The compliance schedule

shall provide for periodic increments of

progress toward compliance. The dates

for achievement of such increments shall

be specified. Increments of progress shall

include, but not be limited to: submittal

of final control plan to the Administrator; letting of necessary contracts for

construction or process changes or issuance of orders for the purchase of com- ponent parts to accomplish emission con- trol or process modification; initiation of

onsite construction or installation of

emission control equipment or process

modification; completion of onsite construction or installation of emission con- trol equipment or process modification;

and final compliance. . (3) 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 January 31, 1974, no com- pliance schedule shall be required.

(4) 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.

(5) Any compliance schedule adopted

by the State and approved by- the Administrator shall satisfy the requirements

of this paragraph for the affected source.

Subpart N-Idaho

10. In § 52.670, paragraph. (c) is revised to read as follows:

§ 52.670 Identification of plan.

Cc) Supplemental Information was submitted on: (1) February 23 and April 12, 1972, by

the Idaho Air Pollution Control Commission, and

(2) March 2, May 5, and June 9, 1972,

and February 15, 1973.

-§ 52.675 [Revoked]

11. Section 52.675 Is revoked.

§ 52.679 [Revoked]

12. Section 52.679 is revoked.

Subpart DD-Nevada

13. In § 52.1470, paragraph (c) Is revised to read as follows: .

§ 52.1470 Identification of plan.

(c) Supplemental Information was submitted on June 12, July 14, and November 17, 1972, and January 19, 1973.

14. In § 52.1473, the first sentence In

paragraph (a) is revised and paragraph

(b) is added. As amended, § 52.1473 reads

as followsi.

§ 52.1473 General requirements.

(a) The requirements of § 51.10(e) of

this chapter are not met except in Clark

County, since the plan does not provide

procedures for making emission data, as correlated with allowable emissions,

avaliable to the public. * * *.

(b) Regulation for public availability

of emission data.-Emission data obtained from owners or operators of stationary sources pursuant to § 52.1479(o)

will be correlated with applicable emission limitations and other control meas- ures and will be available to the public

during normal business hours at the re- gional office (region IX). The Administrator will designate one or more places

in Nevada where such emission data and

correlations will be available for public

inspection.

§ 52.1474 [Revoked]

15. Section 52.1474 is revoked.

16. In § 52.1477, paragraph (a) is re- vised and paragraph (b) Is revoked. As

amended, § 52.1477 reads as follows:

§ 52.1477 Prevention of air pollution

emergency episodes.

(a) The requirements of § 51.16(b) (3)

of this chapter are not met, except in

Clark and Washoe Counties, since the

emission control actions in the plan do

not prohibit open burning during episode

stages.

(b) [Revoked]

FEDERAL REGISTER, VOL. 38, NO. 92-MONDAY, MAY 14, 1973

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RULES AND REGULATIONS

17. In § 52.1478, paragraph (a) is re- vised and paragraph (b) is added. As

amended, § 52.1478 reads as follows:

§ 52.1478 Review of new sources and

modifications.

(a) The requirements of § 51.18(c) of

this chapter are not met since the regu- lations for Washoe County in the Northwest Nevada Intrastate Region do not include legally enforceable means of disapproving construction or modification

of a source if it will interfere with attainment or maintenance of a national

standard.

(b) Regulation for review of new sources and -fnodifications (Washoe

County): (1) This regulation is applicable to

any stationary source, the construction or modification of which is commenced

after the effective date of this regulation,

which is subject to review under chapter 030.005 of the "Air Pollution Control

Regulations" of the District Board of

Health of Reno, Sparks, and Washoe

County in the Northwest Nevada Intrastate Region (§ 81.115 of this chapter). (2) No owner or operator shall com- mence construction or modification of

any stationary source after the effective

date of this regulation without first obtaining approval from the Administrator

of the location of such source.

() Application for approval to con- struct 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 accom- panied by site information, stack data, and the nature and amount of emissions.

Such information shall be sufcient to

enable the Administrator to make any determination pursuant to the requirements of subparagraph (3) of this

paragraph.

(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 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 or denial of the application. The Administrator will set forth his reasons for any

denial.

(5) 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.

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

of the responsibility to comply with all

local, State, and Federal regulations

which are part of the applicable plan.

18. In § 52.1479, paragraph (a) is re- vised and paragraph (c) is added. As

amended, § 52.1479 reads as follows:

§ 52.1479 Source surveillance.

(a) The requirements of § 51.19(a) of

this chapter are not met, except in Clark

County, since the plan does not provide adequate legally enforceable procedure3 for requiring owners or operators of stationary sources to maintain records of,

and periodically report, Information on the nature and amount of emissions.

(c) Regulation for source recordkeepIng and reporting: (1) The requirements of this para- graph are applicable to stationary sources in the State of Nevada, except thoze in

Clark County.

(2) The owner or operator of any stationary source to which this paragraph is applicable, shall, upon notification

from the Administrator, maintain rec- ords 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.

(3) 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 re- porting period. Reporting perlods are January 1 to June 30 and July 1 to December 31, except that the Initial report- ing period shall commence on the date

the Administrator issues notification of

the recordkeeping requirements.

(4) 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.

Subpart GG-New Mexico

19. In § 52.1620, paragraph (c) Is re- vised to read as follows:

§ 52.1620 Identification of plan.

(c) Supplemental information was submitted on: (1) March 7 and September 4, 1972, and January 3 and January 18, 1973, by the New Mlexico Environmental Improvement Agency, and (2) ay 9, and

July 31, 1972.

§ 52.1623 [Revoked]

20. Section 52.1623 is revoked.

21. Section 52.1626 is amended by adding paragraph (d) as follows:

§ 52.1626 Compliance scledules.

(d) Regulation for increments of Progress.-(1) Except as provided in

paragraph (d)(2) of this section, the

owner or operator of any stationary

source subject to regulations 504.D, 506MB, 6033, 6043, or 652.A of New Mexico's "Air Quality Control Regulations" shall submit to the Administrator no

12709

later than 120 days following the effec&

five date of this paragraph, a proposed compliance schedule that demonstrates

compliance with the applicable regula- tions as expeditiously as practicable but no later than the dates specified in the

applicable regulations. The compliance

schedule sball provide for periodic increments of progress towvads compli- ance. The dates for achievement of such

Increments shall be specified. Increments of progre.s rball include, but not

be limited to: submittal of final control

plan to the Administrator; letting of

necesary contracts. for construction or process charges or zsuance of orders for

the purchase of component parts to ac- complish emission control or process modification; initiation of onsite con- struction or Installation of emission con- trol equipment or process modification;

completion of onsite construction or installation of emhison control equipment or process modification; and final com- pliance. (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 January 31. 1974, 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 iniror

whether or not the required increment of

the approved compliance schedule has

been met.

§§ 52.1627-52.1629 [Revoked]

22. Section 52.1627 is revoked

23. Section 52.1628 is revoked.

24. Section 52.1629 is revoked.

Subpart7-Utah

25. In § 52.2320, paragraph (c) is revised to read as follows:

§ 52.2320 ldentificationofplan.

(c) Supplemental information was

submitted on aJy 18 and September 13, 1972.

26. Section 52.2324 is amended by adding paragraph (b) as follows:

§ 52.2324 General requirements.

(b) Regulation for public araffability of emisfion data.-(1) The owner or operator of any stationary source in the

State of Utah 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 to June 30 and July 1 to December 31, except that the initial reportFEDERAL REGISTER, VOL 38, NO. 92-MONDAY, MAY 14, 1973

HeinOnline -- 38 Fed. Reg. 12709 1973