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Citation: 38 Fed. Reg. 12702 1973

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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- visedtoread asfollows: § 52.2570 Identification ofplan.

(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 addingparagraph (b) asfollows; § 52.2573 General requirements.

• * * * * (b) Regulationfor 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) Theinformation 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 theinitial report- ing period shall commence on the date the Administrator issues notification of the recordkeeping requirements. (3) Information recordedby the owner
or operator and copies ofthe summarizingreports submitted totheAdministrator 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-
ersor operators ofstationary sources will be correlated with applicable emission limitations and other control measures and will be available to the public during normal business hoursat theregional 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 settingforth dates ofattainment ofnational 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), July27, 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) ofthe Clean AirAct and40 CFR51.10(e) require that State implementation plans include procedures for making emission data, as correlated with applicable emission limitations, availableto thepublic.Theregulations promulgated below forthe 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 legallyen- forceable compliance schedules and that any such compliance schedule that ex- tends beyond January 31, 1974, shall contain periodic increments of progress toward compliance. Theregulations pro- mulgated below provide the Administrator with ameans of obtaining theneces- 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 ofprogress arenot specified. Regulations promulgated below for Arizona andUtah 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) ofthe Clean AirAct and 40 CFR 51.18 require that State implementation plans provide for legally enforceable procedures that will enable theStatestoprevent construction ofnew
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 sourcesin Pima County,Ariz,; Washoe County, Nev.; and37 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 Statehas notsubmitted thenew local regulations to the Administrator forinclusion intheImplementation 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 resultinviolation of anyprovision of the regulations. such procedures are necessary because the State cannot prevent construction ofsources which would violate provisions of federally promulgated regulations.

Section 110(a) (2) (F)(it) ofthe Clean AirAct and40 CFR51.19(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 ofemissions and otherInformation 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 fortheAdministrator'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 resultof emissions from stationary sources (mainly process sources) and fugitive dust sources. Accordingly, control ofboth 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

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by applyingreasonably available control technology to process-sources, the emissionlimitations forprocess sourcesin the plan were disapproved on May 31, 1972 (37 FR 10842).

On July 27, 1972 (37 FR 15094), the Agency proposed substitute regulationsforprocess 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 belowthatspecified in40 CFR60.60 (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 toimpose more stringentcontrolrequirements. However, testing and inspection of existing portland cement plants as well as other analysig associated withthe development ofthe new source standards demonstrated to the Agency's satisfaction that the control technology is available tocontrol the large plants in question to the same degree as required for newplants under 40 CFR 60.60. Controls for fugitive dust

sourcesin Arizonawillbeproposedby the Administrator inaseparate 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 therequirement for 85percent controlof particulate matter emissions. This regulationwas therefore disapproved on May 31, 1972 (37 FR 10842). Because a 42- percent reduction in emissions (18,080 tonsperyear) isrequired intheWasatch Front Intrastate Region to attain and maintain the secondary standards for particulatematter (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, andincinerators. Theregulation promulgated below for fuel burning

sources differs from theproposed regula- tion in that it has been modified to ex- clude waste heat boilers. This revision is in response to a statement atthe public hearing by the affected source that its wasteheat boiler wouldbe subject toboth theproposed fuel burning source regula- tionandtheproposedprocess source regulation. The Agencyhas determinedthat since the particulatematteremittedfrom 

### thewasteheat boilerisinfactgenerated by aprocess source-a catalytic cracking unit-itisappropriate from a technological standpoint to apply only the process

source emission linitation to this boiler. Therequisite control will be achieved by the application ofthe limitation. The Agency's proposed regulation for process sources exemptedbyproduct coke
ovens; aseparate visible emission regula- tion was proposed for these ovens. This approach reflects the Agencys determinationthatcompliancewith theemilon limitations in the process welght re.-ulation is not feasible for byproduct coke

ovens. Particulate matter emlionsfrom such ovens may be controlled, however, by proper "housekeeping" and operating practices, the visble emission limitation promulgated below, revised only slightly from theproposal, will requirethatthese

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, thusproviding for attainment of the secondary standards for particulate matter. The growth factors used inthe calculations were determined from population and economic projec- tions for Salt Lake City (Economic Projections for Air Quality ControlRegions, U.S. Department ofCommerce, 1970).

Publichearings onthe proposed regulations were held by EPA in most affected States. Interested parties tetifled at the hearings and submitted written comments. Consideration of this information andfurtherreview ofthepro- 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 mustnotify sources ofreporting 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 theeffective date of the com- pliance schedule regulation." This change allows all sources subject toFederalregulations an equal amount oftime to submit compliance schedules.

(3) Theproposed regulations for com- pliance schedule "Increments of progress" has been modified to clarify the definition of "increments of progress".

(4) The procedures for review ofnew andmodified sources havebeen modified to allow the Administrator to waive re- quirements forperformance tests after a
new ormodified source commences oper- ation. It is recognized that compliance with applicable emission limitations can be determined by othermeans 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 ofminor pollution contribution, The emissions from the additional sources exempted. are similar in magnitudetothoze sources lready exempt and are considered tohave

an insignificant effect on air quality.

In this publication, the Administrator prescribes thelatest 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 orpromulgatlon" asspecifled in sections 110(a) (2) (A)(i) and 110(e) of theact. Because ofthevarious 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 withtheIntentoftheact.

The regulations described above, with the exception of regulations providing for thereview ofnew 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 ofsuchregulations 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.

Thispublication also contains amendments to the Administrator's approval/ disapprovals pertinent to five States. A brief discusson of the details involved in correcting some ofthe plan deficiencles in the affected States Is presented below.

TheArizona plan, as initially submitted, didnot contain State emissionlimitations; however, the emission limitations of two county agencies were submitted. Since the local agency regula- tions were part ofthe control strategy, theState vasrequired tohave 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. TheAgency's pertinent disapprovals are revoked below.

T7e Idaho plan did not provide the sulphur oxide emlszionreductions neces- sary fortheattainmentandmaintenance ofnational ambientair qualitystandards IntheEaztern IdahoIntrastateAirQuality Control Region. This deficiency was corrected when the State submitted a regulation limitlng emissions from sulfuric addplants.Theregulationrequires

a sulphur oxides emission limitation of 23 lb/ton of 100-percent sulfuric acid produced. Based on theresultsof adiffudon modeling study, EPA concurs that this emissionreduction will be adequate to attcdn and maintain the secondary sulfur oxddes standards.

Idaho's plan also didnot 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 1973struction would notrelieve 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 inthis area andrevokes 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 whichwould interfere with the attainment or maintenance of anational standard. Also, the manpower programprovided in theplan did not provide for adequate engineering activities. The State has submitted are- vision toitsregulations which willenable 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 havebeen corrected and accordingly, the appropriate disapprovals are revoked.

The New Mexico plan initially indicated that the local agency in Bernalillo County wouldberesponsible forcarrying 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.

NewMexico 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. Theprevious disapproval is revoked below. The State also supplemented itsplanby correcting deficiencies for dealing with air pollution emergency episodes and source recordkeeping andreporting,which enables the Agency to revoke below the disapprovals based upon those deficiencies.

The amendments for these five States

are effective onthe dateoftheir publication IntheFEDERAL REGISTER. TheAgency 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 forthefollowingreasons: (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 interestedpersons, and (2) The approved implementation plan provisions were adopted in accord-

ance with procedural requirements of State and Federal law, which provided for adequatepublicparticipation through notice, publichearings, andtime forcom- ments, and consequently further public participation ifunnecessary and impracticable. (42 U.S.C. 1857c-5 and9)

Dated: May 7,1973.
ROBERT W. FRI, ActingAdministrator. Subpart D-Arizona § 52.124 [Revoked]

1. Section 52.124 is revoked. 2. Section 52.126 is amended by addingparagraph (b) as follows: § 52.126 Control strategy and regula- tions: Particulate matter.

(b) Replacementregulation forRegu- lation 7-1-3.6 of theArizona Rules and Regulationsfor Air Pollution Control, Rule31(E) ofRegulation IIIoftheMaricopa CountyAirPollutionControlRules andRegulations,andRule 2(B) ofRegulationII of theRules and Regulations of Pima County Air Pollution Control District(Phoenix-Tucson IntrastateRegion) (1) No owner or operator of any stationaryprocess source in thePhoenixTucson 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 inthefollowingtable fortheproc-
ess weight rate identified for such

source:

Process Emission Process Emission weightrate rat weightrate rate

(pounds (pounds (pounds (pounds per hour) per hour) per hour) perhour)

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 ofthe data inthetable for process weight rates up to 60,000 lbs/hr shall be 'accomplished by use of the equation:

E=3.59pe,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- plishedby use oftheequation:

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 allmaterials and solid fuelsintroduced into any specific process. Liquid and gaseous fuels and combustion air will not be considered as part of the process weight. Fora cyclical orbatch operation, the process weight per hour will be derivedby dividing the total process weight by the number ofhours 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 weightper hour will be derived by dividingthe process weight for a given period of time by the num- berofhoursIn thatperiod.

(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 burninginstallations, orPortland cement plants having a process weight rate in

excess of250,000 lb/h. (3) No owner or operator of a Portland cementplantInthePhoenix-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 ofthischapter.

(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 setforthbelow. Themethods 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 ft 3 (1.70 in 0), cor- rected to standard conditions on a dry basis.

(ii) The volumetric flow rate of the total effluent shall be determined by us- ingmethod 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 shallbe 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 burnfuels or combinations offuels,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 modiheations.-(1) The requirements of this paragraph are applicable to any stationary source in Pima Countyin thePhoenix-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 thelocation ofsuch 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 foreach source. (ii) Each application shall be signed bythe applicant. (iv) Each application shall be ac- companied by site information, stack data, and the nature and amount of emissions. Suchinformation shallbe sufficient to enable the Administrator to make any determination pursuant to paragraph (c) (3) of this section.

.(v) Any additional information, plans, specifications, evidenceor documentation that theAdministrator mayrequire shall be furnished upon request. (3) Noapproval toconstruct ormodify will be granted unless the applicant shows tothesatisfaction of theAdministrator 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 andwill notify the applicant in writing of his approval, conditional approval, ordenial ofthe ap- plication. The Administrator fill set forthhis reasons for any denial.. (5) The Administrator may cancel an approval ifthe construction is not begun within 2years from the date ofissuance,

or if during the construction, 'work Is suspended forI 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
sourcesandmodiftcations: 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 thisregulation, without firstobtaining approval from theAdministrator ofthelocation anddesign ofsuchsource. (i) Application for approval to con- struct or modifyshall bemade 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 theapplicant. (Iv) Each application shall be accom- panied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature andamount ofemiLssons, and the

mannerin which It will be operated and controlled.

(v) Anyadditional information, plans, specifications, evidence, or documentation that theAdministrator may require shall befurnished uponrequest.

(3) No approvaltoconstruct ormodify will be granted unless the applicant shows to the satisfaction of the Administratorthatthe sourcewilloperate without causing a violation of §52.126(b). (4) The Administrator will act within 60 days on anapplication and will notify the applicant in writing ofhis approval, conditional approval, or denialoftheap- plication. -The Administrator will set forthhis reasons for any denial, (5) The Administmtor may Impose any reasonable conditions upon an approvalincluding conditions requiring the

sourcetobeprovided 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 Isnotbegun within 2years from the date ofIssuance,

or if during the construction, work is suspended for1year.

(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 ofsourcenotmore 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 aftersuch date.

(8) Within 60days afterachieving the maximum production rate at which the

source will beoperated butnotlaterthan 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 underoperating conditions approved by the Administrator and furnish the Administrator a written report of the results ofsuchperformance test. (D Such test shall be at.the expense ofthe owneroroperator. 

### (1U) The Administrator may monitor such test and also may conductperform-

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 tohave anobserver present. (iv) TheAdminis rator may waive the requirement for performance tests if the

owner or operator of a source has demonstrated by othermeans to theAdministrator'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, orFederalregulations which

arepart of theapplicable Dlan

4. Section 52.130 is amended by addingparagraph (c) as follows: § 52.130 Sourcesurveillance.

(c) Regulation forsourcerecordseep- 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 ofthis 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 maybe deemednecessary by theAdminIstmtortodetermine whether suchsource isin compliancewith applicable emission limitations or other control measures. (2) Theinformation recorded shallbe summarized and reported to theAdministrator, 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 recordkeepingrequirements.

(3) Information recordedbytheowner
or operator and copies ofthe summarizingreports submitted tothe 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 operatorsofstationary sources will be correlated with applicable emis-

son limitations and other control meas-
ures.All suchemissiondAta 'wil beavailable 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 toread asfollows: 

### § 52.134 Compliance schedules.

(a) Federalcompianceschedue.-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 orbefore 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 toparagraph (a) (2) of this section.

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

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(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) ofthis 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 shallpro- vide for periodic increments of progress toward compliance. The dates for achievement ofsuch 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 thatthe initial report- ing period shall commence on the date the Administrator issues notification of recordkeeping requirements.

(3) Information recordedby 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 controlmeasures. The Administratorwill designate one or more places in Callfornia where such emission data andcor- relations will be available for public inspection.

7. Section 52.233 is amended by addingparagraphs Xf) and (g), asfollows:
§ 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 sourcesand modilcations.-(1) The recontrol equipment or process modificd- quirements of this paragraph are applition; completion of onsite construction cable to:

orinstallation ofemission control equip- (i) Any stationary source inthe speciment or process modification; and final fled portions of the regions listed below, compliance, theconstruction ormodification ofwhich 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 Intrawhichextends beyond July31, 1975, shall state Q 81.17 ofthischapter) : apply any reasonable interim measures (i Ventura CountyAirPollution 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 schedulehas (Q81.167 of this chapter) : been met. (i) Mariposa County Air Pollution

* * * Control District. Subpart F--California (d) South Central Coast Intrastate (Q81.166 of this chapter) : 6. Section 52.224 is amended by add- (i) Santa Barbara County Air Polluingparagraph (b), asfollows: 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), or52.230(b), the construe- (b) Regulationforpublic 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 theAdministrator maintain records ofthis regulation wifhout first obtaining of the nature and amounts ofemissions approval from the Administrator of the from such source and/or any other in- location and design ofsuch 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) Noapproval toconstruct ormodify will be granted unless the applicant shows to the satisfaction of the Administrator that:/

(I) The source will be operated withoutcausing aviolation ofanylocal, State,

or Federal regulations which are part of the applicable plan.

(it) The source will not prevent or interfere with attainment or maintenance ofany 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, ordenial of the ap- plication. The Administrator will set forth hisreasons for any denial.

(5) The Administrator may impose any reasonable donditions upon an ap- proval, including conditions requiring the sourcetobeprovided with:

(i) Sampling ports of a size, number, and location as the Administrator may require,

(ii) Safe access toeachport, (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 2years from the date ofissuance,

or ifduring theconstruction, work Issus- 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 priorto such date. (i) A notification of the actualdate 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 beoperated butnot 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 awritten reportof theresults of suchperformance test. (I) Suchtest shallbe at the expense of theowner oroperator.

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

### 12706'

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### RULES AND REGULATIONS

(ii) The Administrator may monitor such test andmayalso conductperformancetests. (iii) The owner oroperator of asource shall provide the Administrator 15 days prior notice of the performance test to afford theAdministrator the opportunity
to have an observer present.

(iv) The Administrator maywaive the requirement for performance tests ifthe

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 ofthe applicable plan.

(9) Approval to construct or modify shall not be required for:

Ci) The installation oralteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustionshutoff. (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 whichhas a heat input ofnotmore than 250MBtu/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 exclusivelyfor 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 regulationwhich is part ofthe applicable plan. Cg) Regulation *for review of new

sourcesandmodification.-(l) The requirements ofthis 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 ofthis regulation.

(i) Great Basin Valley Intrastate (§ 81.159 ofthischapter) :

(a) Alpine County Air Pollution ControlDistrict.* (b) Inyo County Air Pollution Control District. (c) Mlono County Air Pollution ControlDistrict. Ci) Metropolitan Los Angeles Intrastate CQ 81.17 of this chapter) : (a) Los Angeles County Air Pollution ControlDistrict.

(b) Orange County AirPollution Control District. (c) Riverside County Air Pollution ControlDistrict. 

### (d) SanBernardino County AirPollution ControlDistrict. (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 ControlDistrict. (iv) North Coast Intrastate §81.161 ofthis chapter) : (a) Humboldt County Air Pollution Control District.

() Mendocino County Air Pollution ControlDistrict.



### (c) SlsklyouCountyAirPollutionControl District. (v) Northeast Plateau Intrastate (§81.162 of thischapter) :



### (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 thischapter) :

(a) El Dorado County Air Pollution Control District. 

### Cb) Glenn County Air Pollution ControlDistrict. (c) Nevada County AirPollution Control District. (d) Placer County Air Pollution Control District. (e) Plumas County AirPollution Control District.



### Wl) Shasta County AirPollution 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 (Q81.164 of this chapter): (a) San Diego IntrastateAirPollution Control District. (viii) San Joaquin Intrastate (§81.167 ofthis chapter) : (a) AmadorCounty AirPollution Control District.



### (b) Tuolumne County Air Pollution ControlDistrict. (c) Calaveras County Air Pollution Control District. 

### (d) Fresno County AirPollution Control District. (e) Kern County AirPolutlon Control District. 

### (C)Kings County Air Pollutlon Control District. (g) Madera County AirPollution Control District. (h) Merced County AirPollution 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 ControlDistrict. 

### (e) SanBernardino CountyAir Pollution Control District. (d) San Diego County Air Pollution ControlDistrict. (e) Kern County Air Polution Control District. x) San Francisco Bay Area Intrastate §81.21 ofthis chapter) :

(a) Yolo-Solano Unified Air Pollution Control District. (2) No owner or operator shall commence construction or modification of
any new source afterthe effective date ofthisregulation without first obtaining approval from the Administrator of the location of such source. (i) Application for approval to construct ormodify shallbe madeon 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, andthenature andamount ofemissions. Such information shall be sufficient to enable the Administrator to make any determinationPursuant toparagraph Cg) (3) ofthis section.

(v) Any additional information, plans, specifications, evidence, or documentation that the Adminis-trator mayrequire sha be furnished upon request.

(3) No approval toconstruct ormodify will begrantedunlezs theapplicantshows
to the satisfaction ofthe Administrator thatthe sourcewill notprevent orinterfere with attainment or maintenance of
any national standard.

(4) TheAdministrator 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 isnotbegun. within 2 years from the date ofIssuance,

orifduringtheconstruction, workis suspended for 1year. (6) Approval to construct or modify shall not relieve any owner or operator ofthe responsibility to comply with any local, State, orFederal regulation which ispartoftheapplicable plan. 8. Section 52.234 is amended by adding para raph (d) as follows:

5 2.234 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 AirPollution Control District and Lake County Air Pollution Control District portions of the North 

### Coast Intrastate Region §81.161 ofthis chapter), shall, upon notification from the Administrator maintain record3 ofthe nature and amounts of emissions from suchsourceand/or anyother information as may be deemed necessary by the Administrator to determine whether such source Isin 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 1to June 30 and July 1to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements. (3)Information recordedbytheowner
or operator and copies ofthesummarizingreports submitted totheAdministrator shall be retainedby theowner 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 Complianceschedules.

(c) Federalcomplianceschedule.-(1) -Except as provided in subparagraph (2) of this paragraph, theowner 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 ofthis regulation shall certify guch compliance to the Administrator no later than 120 days following the effective date ofthis paragraph. (ii) Any owner or operator who achieves compliance with such rule or regulation after the effectiv&dateofthis 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) ofthis section may,notlater 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 butno laterthanJuly 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 ofprogress shall include, but not be limitedto: submittal offinal control plan to the Administrator; letting of necessary contracts for construction

or process changes or issuance oforders for the purchase of component parts to accomplish emission control or process modification; initiation of onsite construction orinstallation of emission control equipment or process modification; completion ofonsite construction orinstallation 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, within5 days after the deadline foreach increment ofprogress,certify to theAdministrator whether

or notthe required increment ofthe ap- proved compliance schedule has been met.

(d) Regulation forincrementsof prog- ress.-C1) Therequirements ofthis paraRULES AND REGULATIONS

graph are applicable to any stationary

source in thefollowingregions 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 ofthe 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 CountyAPCD

(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 CountyAPCD

(b) Rules 53, 72.1, and 72.2 of theRiversideCountyAPCD

(v) San Joaquin Valley Intrastate: (a) Rule 409 of the Tulare County APCD (vi) North CoastIntrastate: (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,nolater than 120daysfollowing the effective date of this paragraph, submit
tothe 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 ofsuch 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 toaccomplish emissioncon- trol or process modification; initiation of onsite construction or installation of emission control equipment or process modification; completion of onsite construction or installation ofemission con- trol equipment or process modification; andfinalcompliance.

. (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 berequired. (4) Anyowner oroperator whosubmits

a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment ofprogress, 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 satisfytherequirements ofthis paragraph forthe affected source. Subpart N-Idaho
10. In §52.670, paragraph. (c) is revised to read as follows: 

### § 52.670 Identification ofplan.

Cc) Supplemental Information was submitted on: (1) February 23 and April 12, 1972, by the IdahoAir Pollution Control Commission, and

(2) March 2, May 5, and June 9, 1972, andFebruary 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 ofplan.

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

14. In §52.1473, the first sentence In paragraph (a) is revised and paragraph (b) is added.As amended, §52.1473 reads

asfollowsi
. § 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) Regulationfor 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 isrevoked. 16. In §52.1477, paragraph (a) is re- vised and paragraph (b) Is revoked. As amended, §52.1477 reads asfollows: 

### § 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 theregu- lations forWashoe Countyin the Northwest NevadaIntrastate Regiondo notinclude legally enforceable means of disapproving construction or modification ofa source ifit 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 theeffective date ofthisregulation, whichis subject toreview 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 approvalfrom the Administrator of the location of such source. () Application for approval to con- struct or modify shall bemade on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required foreach source..

(iii) Each application shall be signed by the applicant. (iv) Each application shall be accom- panied by site information, stack data, andthe nature and amount ofemissions. 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 befurnished upon request.

(3) Noapproval to construct ormodify will be granted unless the applicant shows to the satisfaction ofthe Administrator that the source will not prevent

or interfere with attainment or maintenance ofany national standard.. (4) The Administrator will act within 60 days on an application and willnotify the applicant in writing of his approval

or denial of the application. TheAdministratorwill set forth his reasons for any denial. (5) The Administrator may cancel an approval ifthe construction is not begun within2 yearsfrom the date ofissuance,

or if during the construction, work is suspended for1year.

(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 ofthe 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 Sourcesurveillance.

(a) The requirements of §51.19(a) of this chapter are notmet, except in Clark County, since the plan does not provide adequate legally enforceable procedure3 forrequiring owners or operators ofstationary sources to maintain records of, and periodically report, Information on the nature and amount ofemissions.

(c) Regulation for source recordkeepIngand reporting: (1) The requirements of this para- graph are applicable tostationary sources in the State of Nevada, except thoze in Clark County.

(2) The owner or operator ofany stationary source to which this paragraph is applicable, shall, upon notification from the Administrator, maintain rec- ords of the nature and amounts ofemissions from suchsource and/or any other information asmay be deemednecessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures. (3) The information recorded shallbe summarized and reportedto 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 thattheInitial report- ing period shall commence on the date the Administrator issues notification of therecordkeeping requirements.

(4) Information recorded bythe owner
or operator and copies ofthe summarizIng reports submitted to theAdministrator 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 ofplan.

(c) Supplemental information was submitted on:

(1) March 7 and September 4, 1972, and January 3 and January 18, 1973, by theNewMlexicoEnvironmental Improvement Agency, and (2) ay 9, and July 31, 1972. § 52.1623 [Revoked]

20. Section 52.1623 is revoked. 21. Section 52.1626 isamended by addingparagraph (d) asfollows: § 52.1626 Compliancescledules.

(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 ofNewMexico'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 ofprogre.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 orInstallation of emission con- trol equipment or process modification; 

### completion ofonsite construction or installation of emhison control equipment

or process modification; and final com- 

### pliance. (2) Where anysuch owneror operator demonstrates to the satisfaction of the Administrator that compliance with the applicableregulations willbeachievedon or before January 31. 1974, no compliance schedule shall be required.

(3) Any owner or operator who submits a compliance schedule pursuant to thisparagraph shall, within 5 days after the deadline for eachincrement ofprog

### ress, certify to the iniror whether ornotthe requiredincrement 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 revisedtoreadasfollows: § 52.2320 ldentificationofplan.



### (c) Supplemental information was submitted on aJy 18 and September 13, 1972.



### 26. Section 52.2324 isamendedbyadding paragraph (b) asfollows: §52.2324 General requirements.

(b) Regulation

### forpublic 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 recordsof thenature and amounts ofemissionsfrom such source and/or any other Information asmay be deemednecessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or othercontrolmeasures. (2) Theinformationrecorded shall be summarized andreported tothe Administrator, on forms furnished by the Administrator, and shall be submitted within 45 days after the end ofthe reporting period. Reporting periods are January 1to June 30 andJuly 1 to December 31, except thattheinitialreportFEDERAL REGISTER, VOL 38, NO. 92-MONDAY, MAY 14, 1973

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