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RULES AND REGULATIONS

Title 40-PROTECTIONOF ENVIRONMENT

Chapter I-Environmental Protection

Agency

SUBCHAPTER C-AIR PROGRAMS

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION

PLANS

On April 30, 1971 (36 P.R. 8186), pursuant to section 109 of the Clean Air

Act, as amended, the Administrator pro- mulgated national ambient air quality standards for sulfur oxides, particulate

matter, carbon monoxide, photochemical oxidants, hydrocarbons, and nitrogen dioxide. Within 9 months thereafter,

each State was required by section 110

of the Act to adopt and submit to the

Adminitrator a plan which provides for

the implementation, maintenance, and

enforcement of national ambient air

quality standards within each air quality control region in the State. An additional

period of no longer than 18 months may be allowed for adoption and submittal

of that portion of a plan relating to implementation of secondary ambient air

quality standards. State plans must pro- vide for attainment of national primary ambient air quality standards within 3

years after the date of the Administrator's approval of such plans, except that

a 2-year extension of this deadline may be granted by the Administrator. State

plans must provide for attainment of national secondary ambient air quality standards within a reasonable time.

Within 4 months from the date on which

State plans were required to be submitted, the Administrator must approve or

disapprove such plans or portions

thereof.

On August 14, 19.71 (36 P.R. 15486), the Administrator promulgated regula- tions (40 CFR Part 51) (formerly 42

CPR Part 420, but transferred to Chapter I of Title 40 by publication in the FEDERAL REGISTER, page 22369 et seq., November 25, 1971) setting forth requirements for preparation, adoption, and

submittal of State implementation plans. These regulations were amended October 23, 1971 (36 P.R. 20513), and December 30, 1971 (36 P.R. 25233), to make

certain additions and corrections. The

Administrator's regulations (40 CPR Part

51) provided generally that State plans

must set forth a control strategy for attainment and maintenance of the national standards; legally enforceable

regulations and compliance schedules for

implementation of the control strategy;

a contingency plan for preventing the

occurrence of air pollution levels which

would cause significant harm to the

health of persons; source surveillance

procedures; procedures to assure that

construction or modification of stationary sources will not interfere with attainment or maintenance of the national

standards; provisions for air quality surveillance; a description of the resources

needed to carry out the State plan; and

provisions for intergovernmental co- operation. Some of the r~qulrements vary

by air quality control region in accord- ance with a classification scheme set

forth in 40 CPR 51.9. Each State plan

-must also show that the State has the

legal authority necessary to carry out

the plan, as specified by 40 CPR 51.11.

States were required to conduct one or more public hearings prior to adoption

of their implementation plans.

All 50 States, plus the District of Columbia, Puerto Rico, Virgin Islands,

Guam, and American Samoa have submitted implementation plans. The Administrator's approvals and disapprovals are set forth below. A more detailed description of disapproved portions, together with an explanation of the basis

of disapproval, will be provided to the

States; copies of these Evaluation Reports will be available for public inspection at the Environmental 'Protection

Agency, 401 M Street SW., Washington,

D.C., and in the Agency's Regional

Offices.

Where the Administrator disapproves a State plan or portion thereof, or where a State fails to submit an implementation plan or portion thereof, the Administrator is required, under section 110(c)

of the Act, to propose and subsequently promulgate regulations setting forth a

substitute implementation plan or portion thereof. Where regulatory portions

of a State plan, including control

strategies and related rules and regulations, are disapproved or were not submitted, regulations setting forth substitute portions will be proposed .and

promulgated. When disapproved portions are of a nonregulatory nature, e.g.,

air quality surveillance, resources, intergovernmental cooperation, and therefore are not susceptible to correction through

promulgation of regulations by the Administrator, detailed comments will be

included in the evaluation report; in

such cases, the Environmental Protection Agency will work with the States

to correct the deficiencies.

To the extent possible, the Administrator's evaluation of State plans reflects

the latest information submitted by the

States. In the interest of giving States

every opportunity to bring their implementation plans into full compliance

with the Act and 40 CER Part 51, the

Environmental Protection Agency has

notified States that modifications submitted after the statutory'deadline for

submittal.of State plans would be ac- cepted and considered: Provided, That

such modifications were made and submitted in accordance with the requirements of 40 CPR Part 51. Accordingly,

many States have been, and still are,

making and submitting modifications of

their implementation plans. Where such

modifications affect the Administrator's

approval or disapproval of a State plan or portion thereof, but are not reflected

herein, appropriate changes to this part

will be published as soon as the Administrator's evaluation of such modifications is completed.

The Act directs the Administrator to

require a State to revise its implementation plan whenever he finds that It is

substantially inadequate for attainment

and maintenance of a national standard.

In accordance with the statutory man- date, the Environmental Protection

Agency will make a continuing evaluation of the State plans and will, as nec- essary, call upon the States to make

revisions.

EVALUATION OF LEGAL AunIonnry

States were required to have the legal

authority specified In the Administrator's regulations. With one exception,

States were required to have the speelfled legal authority available to them at

the time they submitted their Implementation plans. The one exception is

authority to carry out land-use and

transportation control measures; where a State's control strategy include3 such

measures, the State plan must set forth a timetable for obtaining the necessary

legal authority. Where It was determined

that a State's air pollution control

statute does not explicitly provide all

of the required legal authority, the

State's attorney general was consulted

for an opinion as to whether the neces- sary authority is conferred by a general

grant of powers In the air pollution control statute or provided In other statutes.

Where a State plan Indicated that one or more local agencies will be responsible for carrying out any portion of the

implementation plan, a similar ass esment was made of the legal authority

available to such local agencies. A com- plete record of the Environmental Protection Agency's assessment of legal au- thority is maintained in the Office of the

Associate General Counsel, Air Quality

and Radiation Division, Rockville, Md,

20852.

DELEGATION OF LEGAL AUTHORITY

The legal authority which each State was required to have carry out Its iniplementation plan Is specified by 40 CFR

51.11. Subparagraphs (5) and (6) of

§ 51.11 (a) require each State to have the

authority to obtain Information to determine compliance with applicable laws

and regulations; require recordeplng;

make inspections; conduct tests; require sources to install and maintain monitoring equipment; require periodic reporting; and release emission data to the

public. The Administrator has such

authority under section 114 of the Act

and can delegate It to States. Where a State lacks the authority required by 40

C R 51.11(a) (5) or (6), that portion

of its implementation plan is disapproved

herein; however, if the State has re- quested delegation of the Administrator's

authority, and if the State's source sur- veillance procedures are approvable, the

needed authority Is delegated herein,

Where a State lacks the authority re- quired by 40 CPR 51.11(a) (5) or (6)

but has not requested delegation of au- thority, the Administrator cannot approve source surveillance procedures even though the procedures may be technically adequate. The State can correct

this deficiency by requesting a delegation

of authority; such requests may be made

at any time and should be addressed to

the appropriate Regional Administrator.

FEDERAL REGISTER, VOL. 37, NO. 105-WEDNESDAY, MAY 31, 1972

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RULES AND REGULATIONS

ATTAn[mN Or' PamARY STANDARDS

" The Act requires attainment of primary standards as expeditiously as prac- ticable, but not later than 3 years from

the date of the Administrator's approval of a State plan except where an extension is granted by the Administrator; it

requires attainment of secondary standards within a reasonable time. Except where extensions have been requested, State plans generally provide for attainment of the primary standards in 3 years. Whether more expeditious attainment of

the primary standards is practicable is a question that will be subject to continuing examination in connection with the

Administrator's review of the compliance schedules and progress reports to be submitted by the States and as part of the

Administrator's continuing surveillance

of State activities. It is already clear,

-however, that the aggregate emission

control requirements of the 55 State

plans will create such a great demand for

clean fuels, emission control equipment, and other items that attainment of the

primary standards in many urban areas in significantly less time than 3 years

generally will not be feasible.

ATTAINW DAs

Each State plan must specify the pro- jected dates of attainment of primary and secondary standards. Where a State

plan sets forth a control strategy and

regulations adequate for attainment of

the national standards within the time

periods prescribed by the Act but fails to

specify an attainment date, the Administrator will promulgate attainment dates

meeting the requirements of the Act.

MAlrMrAcE oF STANDARDS

Where existing air pollution levels ex- ceed the national standards, State plans were expected to provide for the degree

of emission reduction necessary for attainment and maintenance of the na- tional standards, including the degree of

emission reduction necessary to offset

the probable imp~act of projected growth of population, industrial activity, motor

vehicle trafc, or other factors. There is a great deal of uncertainty involved in

projecting growth and predicting its impact on air quality. Growth projections extending more than 2 or 3 years into

the future are necessarily generalized and inevitably are based on a variety of

assumptions, many of them which are, at

best, tenuous. Even where growth policies

have been adopted by State or local

governments, they normally provide only general guidelines. Techniques for translating, generalized projections of popula- tion and industrial growth into predic- tions of future air quality do not exist.

Accordingly, States were limited in the

extent to which they could develop con- trol strategies adequate not only for attainment, but also for maintenance, of

the national standards. Since the Environmental Protection Agency's capability

of planning for continued maintenance

of the national standards is subject to the same limitations, and since State and

local governments clearly should not

lightly be deprived of the opportunity to

plan and control growth In a manner best

suited to the needs and preferences of individual communities and their Inhabitants, with due consideration of environmental impacts, the Administrator, at

this time, is not proposing substitute con- trol strategies based on considerations

related solely to maintenance of national

standards. States are required, however,

to prevent construction, modification, or operation of any stationary source at any location where its emissions will prevent

the attainment or maintenance of a national standard; the Administrator

will promulgate appropriate regulations

wherever State plans are Judged inadequate in this regard. Thus, all State

plans will include this mechanism for

minimizing the effects of growth on air

quality. New source performance standards promulgated by the Administrator

under section 111 of the Act will also serve to minimize the impact of growth. Furthermore, the Act authorizes the Administrator to require revision of a State

plan whenever he finds that it is substantially inadequate to attain or maintain a national standard. It is the Administrator's intention to make a continuing ex- amination of the adequacy of State

plans, and, where necessary, to call for

revisions. States should be aware that

failure to provide for maintenance of the

national standards could necessitate re- straints on population and industrial

growth and/or further restrictions on emissions from existing sources of air

pollution.

EVALUATION OP' CONTROL STRATEGMr

A "control strategy" is a combination

of measures designed to achieve the aggregate reduction of emissions necessary

for the purposes of attainment and

maintenance of a national standard.

The Administrator's regulations (40

CFR 51.13 and 51.14) set forth procedures, i.e., proportional or diffusion

modeling, to be employed by the States

in demonstrating that their control

strategies will be adequate for these purposes. Evaluation of the control strategies generally included assessment of

the accuracy of the data relied upon by a State in demonstrating the adequacy

of control strategies, the validity of any

assumptions made by the State, and the

accuracy of the calculations employed in the modeling exercises. In addition, a determination was made as to whether

the control strategy would be suficiently

comprehensive.

SULMUR OxMDs AND PARTICULATE M&ATTR

The national standards for sulfur

oxides and particulate matter include

both short-term standards, e.g., maxi- mum 24-hour concentrations not to be

exceeded more than once per year, and

long-term standards, Le., annual aver- age concentrations. State plans were re- quired to set forth control strategies adequate for attainment and maintenance

of both the short-term and long-term standards, with the exception of the 24-

hour secondary standard for sulfur ox- ides and the annual average secondary

standard for particulate matter, both of

'which are guidelines. Where State plans did not explicitly demonstrate that a

10843

control strategy is adequate for attainment and maintenance of short-term, as

well as long-term standards, the Administrator has made judgments based on available data regard peak-to-mean

ratios; point-source control measures, for

example, are likely to reduce the frequency and Intensity of peak concentrations. thus altering peak-to-mean ratios

and increasing the likelihood that a con- trol strategy adequate for attainment of an annual average standard will also be

adequate for attainment of short-term

standards.

FUEL AVArABn=

The State implementation plans to

control SOx generally have been responsive to the mandates of the Ciean Air

Act. The plans provide for meeting by

1975 primary air quality standards which are designed to protect the public health.

In most cases, the States determined

1975 to be the "reasonable time" allowed

by the Act to meet the secondary air

quality standards for SOz which are designed to protect the public welfare. Fuel

combustion regulations were designed to

achieve both the primary and secondary

standards by the 1975 date. n most

States these emission regulations were made to apply statewqlde, without re- gard to the differing air quality in regions within the State.

It is clear that achieving these rigor- ous State standards In the time prescribed would significantly enhance air

quality in many areas of the Nation, as contemplated by the Clean Air Act. However, in addition to reviewing the effectiveness of each State implementation

plan, this Agency and the Federal Government have an obligation to assess the impact of the various plans in the

aggregate. From this standpoint, there

Is strong evidence that the complete

implementation of the plans as sub-.

mitted may not be attainable in the time

prescribed.

Because of physical limitations on our ability to clean the emissions of high sulfur fuels on a large scale in the time

permitted by the statute, achievement

of the particulars of the State plans

would require the availability of large

additional supplies of "clean!" fuelsnatural gas and low sulfur coal and oil.

Since fuel desulfurlzatlon facilities are unlikely to be built on the scale which

would be required to fully implement all

State plans by 1975. it appears that all

State plans can be completely imple- mented by 1975 only with a major short

term shift to naturally clean fuels. Unfortunately, these naturally clean fuels are not likely to be available In quantities

necessary to meet the projected demand.

Unfortunately, our long-overdue con- cern for air quality comes at a time when

the abundance of cleaner energy fuels in

the United States is rapidly disappearing

and energy experts are becoming worried

about our ability to meet our energy fuel

needs even independent of environmental considerations. Given the limits on the supply of naturally clean fuels in the

short run, the well publicizedshortage of

natural gas In this country, and the

physically disruptive task of substituting

FEDERAL REGISTER, VOL. 37, NO. 1OS-WEDNESDAY, M-'AY 31, 1972

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RULES AND REGULATIONS

the use of huge amounts of clean fuels by

energy producers and users at a time

when traditional fuels such as natural

gas are in short supply, it is apparent that the Nation faces a difficult task.

It is also apparent that the cost of

this effort, translated into costs of fuel

and electric energy to our economy and

to individual energy consumers, will be

substantial and cannot be wholly ig- nored. On the other hand, appropriate

enviromental costs must be recognized

in the price of energy if we are to allocate our total resources properly.

There are alternative strategies which,

should permit achievement of the goals 'of the Clean Air Act within the legisla- tive deadlines, but the approach must be

twofold. First, implementation of the

standards must take into account the

limits on total availability of clean fuels.

Second, government must also address

the problem of creating economic and

other incentives which ensure that natural or desulfurized clean fuels go to users in areas of greatest environmental

need.

The Pure Air Act of 1972 (the sulfur

emission tax), which is currently before

Congress, is important to both aspects of this approach. The tax would permit clean fuels to reach users in areas of

environmental need by providing a strong economic incentive for those users to bid for the clean fuels. The tax

would also increase -the availability of

clean fuels by providing an economic

stimulus both to develop new clean fuel

resources, and to perfect technology for

cleaning fuels before combustion, and

for purifying exhaust gases. Preliminary analysis by EPA indicates

the re.l possibility that, under current

conditions in the domestic and world

fuel markets including the absence of

the sulfur tax, all aspects of the State

Plans In the aggregate cannot be

achieved by 1975 despite the best efforts

of both government and the private

sector. Pending further study, EPA

is approving or promulgating regulations

for meeting both the primary and sec- ondary SO% standards. The States

should proceed to develop compliance schedules on the assumption that both

standards can be met. In the meantime

EPA will be completing its studies of the

aggregate situation and will suggest nec- essary changes to the States, and likewise modify federally promulgated sox regulations for achievement of the sec- ondary standard where appropriate. Highest priority must be given to achieving the primary standards (health re- lated) by the statutory deadline.

At this time, the States most likely to

be affected by this shortage of clean fuels

include Illinois, Indiana, Kentucky,

Wisconsin, Michigan, Ohio, Tennessee,

Alabama, Pennsylvania, West Virginia, Georgia, and New York, but others will

also need to. consider the availability of

fuels in developing compliance schedules.

For its part in addition to completing

this work, EPA intends to be vigorous in urging other Federal agencies and the

Congress to adopt energy policies which

will stimulate the availability of-needed

clean fuels and insure their availability

to areas of greatest need, consistent with

environment, national security, con- sumer and other considerations.

'NITROGEN DIOXIDE

Where attainment of the national

standard for nitrogen dioxide would re- quire additional emission reductions beyond those expected to result from

Federal motor vechicle emission standards, the Admistrator's regulations (40

CPR 51.14) required States to provide

for the degree of nitrogen oxides emission reduction 'attainable through the

application of reasonably available

technology for the control of stationary source emissions of nitrogen oxides, as defined by 40 CFR. Part 51, Appendix

B. Hydrocarbon emission reductions

arising from the Federal motor vehicle

standards or from transportation con- trol measures undertaken to implement the national standards for photochemi- cal oxidants will tend to reduce ambient

air concentrations of nitrogen dioxide.

In accordance with 40 CFR 51.14, this

combination of stationary and mobile source control measures is considered an adequate control strategy for imple- mentation of the national standards for

nitrogen dioxide. Studies aimed at pro- viding an improved basis for developing

and evaluating nitrogen oxides control

strategies are underway. Based on the

results of these studies, the Administrator will determine whether revision of

the State plans for implementation of

the national standards for nitrogen dioxide will be necessary; such revisions

may necessitate, among other things, the

development and application of nitrogen oxides emission control techniques going beyond those which are now available. Pending such action, States' re- quests for 2-year extensions of the

deadline for attainment of this national

standard have not been evaluated.

HYDROCARBONS,

The national standard for hydro- carbons (40 CFR 50.10) is a guide to the

formulation of control strategies for .attainment and maintenance of the na- tional standard for photochemical oxidants. Accordingly, State plans were not required to provide for' attainment

and maintenance of the national standard for hydrocarbons, per se,

TRANSPORTATION CONTROL MEASURES

The Act and the Administrator's regu- lations (40 CPR Part 51) require States

to take steps to reduce emissions from

transportation sources wherever such

steps are necessary for attainment and

maintenance of national ambient air

quality standards. In August 1971, when

the Administrator's regulations were promulgated, it was recognized that

States have had practically no experi- ence with transportation control meas- ures as a means of dealing with air

quality problems and that available data were not sumcient to-permit States to

develop meaningful transportation control schemes and predict their impact on

air quality. The Environmental Protection Agency had already begun an assessment of the extent to which various

transportation control measures, includFEDERAL REGISTER, VOL. 37, NO. 105-WEDNESDAY, MAY

Ing motor vehicle inspection and installation of emission control devices on in- use automobiles, could be expected to

produce improvements in air quality, but

it was apparent that the results would

not be available within the time allowed

for development of State plans. Accordingly, the States were advised that adoption of transportation control schemes

could be deferred beyond the statutory

deadline for submittal of implementation

plans but that State plans would have

to define the degree of emission reduction to be achieved through transporta- tion control measures and Identify the measures being considered. States were further advised that they would have to

submit, no later than February 15, 1973, together with their first semiannual

progress reports, definitive transportation control plans, including Identification of the specilflfc measures to be implemented, demonstration of the adequacy of these measures for attainment

and maintenance of the national stand.

ards, and a detailed timetable for obtaining any necessary legal authority and

taking all other steps necessary to implement the various measures. The Environmental Protection Agency, in cooperation

with the Department of Transportation,

will provide assistance to the States in

the development of their transportation control plans.

COMPLIANCE SCHEDULES

State plans were required to specify

the dates by which all sources must be

in compliance with applicable regulations, except that, where a State plan

provides for negotiating compliance

schedules for individual sources, such

schedules are required to be submitted

to the Administrator no later than the

time of submittal of the State's lrst

semiannual progress report. States generally have either prescribed a terminal

date for compliance by all sources, with

indiviiual source schedules, includinr

schedules of incremental steps toward

compliance, to be negotiated, or have

made regulations effective almost immediately, with compliance schedules to be

negotiated and effectuated through a variance procedure. Either approach is

considered acceptable: Provided, flrst, That compliance with all regulations related to attainment of national am- bient air quality standards will be

achieved by the attainment date specified in the State plan or prwcrlbed by the

Administrator, and second, that provi- sion is made for negotiating compliance

schedules, including incremental steps in cases where the terminal date is more than 18 months away.

EMERGENCY EPISODES

State plans were required to set forth

episode criteria, I.e., pollutant concen- trations at which specified emission con- trol actions will be initiated in order to

prevent significant harm to the health

of persons. Episode criteria wore required to be adequate to protect against

occurrence of the significant harm levels

prescribed by the Administrator (40

CPR 51.16). Emission control action

plans were required to provide for abate31, 1972

10844

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RULES AND REGULATIONS

ment adtion dealing with area sources. e.g., open burning, commercial and residential incinerators, and motor vehicles,

and to provide for development of individual standby abatement plans for all

stationary sources emitting 1410 tons per

year or more. Where episode criteria

dnd/or emission control action plans applieable to area sources *and motor ve- hicles were not submitted or were disapproved, the Administrator is not

prescribing substitute provisions, but,

rather, in carrying out his responsibilities under section 303 of the Act, will be

guided by the suggested episode criteria

and emission control action plans set

forth in the Administrator's regulations

(40 CFR Part 51, Appendix L). Where

episode criteria and/or emission control

action plans are approved, the Administrator will make use of them in theevent

that it is necessary to initiate action

under section 303. In either case, the Adinitrator, in acting under section 303,

may also take into consideration other

relevant information and advice, including .medical-scientific opinions on en- dangerment to the health of persons.

Where a State plan fails to provide for

public announcements of episode stages or fails to provide for development of

standby abatement plans for stationary sources emitting 100 tons per year or more, the Administrator will promulgate

regulations to correct such deficiencies.

AIR QuhnrrY SURVEILLANCE

Where a State'i provisions for air

quality surveillance do not meet the re- quirements of the Administrator's regulations (40 CFR 51.17), the deficiencies

will be identified in the evaluation re- port, and the Environmental Protection

Agency will work with the State in cor- recting the deficiencies. Insofar as air

quality monitoring methods are con- cerned, the only methods currently approved are the reference methods prescribed by the Administrator (40 CPR

Part 50) simultaneously with a promulgation of the national standards. With

respect to carbon monoxide, photochemical oxidants, and hydrocarbons,

the Administrator prescribed an analytical principle; any method employing ex- actly the same analytical principle is

considered a reference method, provided

that it meets the performance 8pecifications set forth in the Administrator's

regulations (40 CFR 51.17). For all pollutants, methods other than the refer- ence methods prescribed by the A-ministrator may be approved if they are shown to be equivalent to the xeference

methods. Equivalency testing guidelines are being developed by the Environmental Protection Agency.

NEW SOURCES AND MODIFICATIONS

State plans were required to provide

for review of new sources and modifications of existing sources and for preventing construction or modification if it

would result in violations of applicable

portions of a control strategy or interfere with attainment or maintenance of

national standards.

REsouncEs

States were required by section 110 of

the Act to provide assurances that they

will have adequate resources, I.e., personnel and funding, to carry out their

implementation plans. The Administrator's judgment as to the probable adequacy of projected resources is based on a number of considerations, including estimates of manpower needs in re- lation to factors affecting the nature and

magnitude of air pollution problems and

previous evaluations of the performance

of State and local air pollution control

agencies. Where it is the Administrator's

judgment that a State's projected re- sources may be inadequate, the Environmental Protection Agency will work with

the State in correcting this deficiency.

The Administrator's judgment on the

adequacy of resources should not be con- strued as a commitment to provide financial support; such support is subject

to the limitations of funds appropriated

under the Clean Air Act.

Two-YEAR EXTENSIONS

The Act provides for 2-year, or shorter,

extensions of the statutory deadline for

attainment of national primary ambient

air quality standards where needed technology or other alternatives are not available or will not be available soon enough

to permit attainment of the primary

standards witlin the 3-year period prescribed by the Act. For the most pat,

States' requests for such extensions were related to identified needs for application of transportation control measures. The Administrator has determined that

the leadtime necessary for development,

adoption, and implementation of transportation control measures generally

precludes their application on any significant scale within the next 3 years, i.e.,

they will not be available soon enough to

permit attainment of the primary stdndards within the time period prescribed by

theAct. This determination was reflected

in 40 CFR 51, in which emission control measures applicable to mobile sources,

with minor exceptions, were not Included

among the various emission control measures judged to be attainable with

reasonably available technology. Accordingly, it is the Administrator's judgment

that 2-year extensions are Justified in cases where transportatior control meas- ures will be necessary. It should be em- phasized, however, that timetables for

attainment of primary standards will be

subject to continuing examination, and,

where the Administrator finds that more expeditious attainment is practicable, States will be required to revise their

timetables.

-Where States have submitted imple- mentation plans that do not provide for

attainment of the primary standards

within the 3-year period prescribed by

the Act and have not requested an extension, the Administrator has evaluated

such State plans to determine whether

an extension is Justified under the pro- visions of the Act. The Administrator's

determinations in such cases are re- flected below; these determinations wll

also be subject to continuing examination, and where necessary, revision.

ErGHvEW-MoNr= ExTmsrsoxs

Under the Act, the Administrator may,

wherever he determines necessary, ex- tend for a period of not more than 18

months the deadline for submittal of a State plan or portion thereof which would

implement a national secondary standard. 40 CFR 51.31 provides that such extensions may be granted where attainment of a secondary standard will re- quire emission reductions exceeding those

which can be achieved through the application of reasonably available control

technology, as defined in 40 CFR Part 51,

Appendix B. Where a State plan fails to

provide for attainment of a secondary

standard, and where attainment would

require emission reductions exceeding

those which can be achieved through the

application of reasonably available con- trol technology, the Administrator Is

providing for an 18-month extension re- gardless of whether the State has re- quested one. Such extensions will be applicable to adoption of an adequate plan

for implementation of the secondary

standard by the State or promulgation of an adequate implementation plan by the

Administrator.

Emisom DATA AvrAmny

The Act requires assurance that States

will provide for public availability of

emission data. Where a State lacks legal

authority to obtain and/or release emission data or where the State plan is deficient with respect to source-reporting

requirements or procedures for public access to emission data, the Administrator is disapproving the pertinent provislons of the State plan. The Administrator will promulgate regulations to remedy

such deficiencies. Under section 114 of

the Clean Air Act, States may request

delegation of the Administrator's authority to obtain and release information.

SouRcz MONTORING

States must have legal authority to

require stationary source owners or operators to install, maintain, and use emission monitoring devices. The Environmental Protection Agency is making an analysis of the Performance of currently

available emission (in-stack) monitoring devices. Accordingly, States were not

required by 40 CFR Part 51 to impose

specific source-by-source requirements

for in-stack monitoring at this time.

OiIONAL CONTROL

Several State plans include regula- tions under which a source owner or operator could be exempt from compli- ance with an applicable emission limitation if he can show that emissions

from the source will not interfere with

attainment or maintenance of the na- tional standards. The Administrator

neither approves nor disapproves such

optional control features. States are advised, however, that action taken to

allow any such exemptions will con- stitute revision of a State plan and

FEDERAL REGISTER, VOL 37, NO. 105-WEDNESDAY MAY 31, 1972

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10846

therefore will be subject at that time to

the Administrator's approval

REVISIONS

In accqrdance with the Act and the

Administrator's regulations (40 CFR

51.6), all State plans are subject to re- vision, as necessary, to take account of

revisions of the national standards,

availability of improved or more ex- peditious methods of attaining the na- tional standards, or a finding by the

Administrator that a State plan is substantially inadequate to attain or maintain a national standard. Accordingly,

whether a State has acknowledged that

its implementation plan is subject to re- vision is considered immaterial.

ENFORCEMENT

Upon approval by the Administrator, a State plan is enforceable by the Administrator under the Clean Air Act. All

approved provisions relating to attainment and maintenance of national

standards, including approved rules and

regulations, are subject to such enforcement action. Where a State plan includes

regulations designed to attain and maintain air quality better than that required

by the national standards, such regulations are subject to enforcement action

under the Clean Air Act unless they are separate fiom those necessary for attainment and maintenance of the na- tional standards.

PRoGREss REPORTS

States are required to submit semiannual reports on their progress in car- rying out approved implementation plans or portions thereof. For implementation

plans approved herein, the first progress

reports will be due February 15, 1973.

A format for use in preparing and submitting such reports is being prepared

and will be made available to the States.

PasvIous APPROVALS

The State implementation plans approved 'herein supplement the portions

previously approved by the Administrator, notice of which was published February 3, 1972 (37 F.R. 2581), at Part 52

of Title 40 of the Code of Federal Regulations. Portions of State plans which

have previously been approved remain

in effect and unaffected by the approvals

published today.

SCOPE OF APPROVALS

In general, all portions of State plans

which are related to attainment and

and maintenance of national standards are apl roved unless specifically disapproved herein.

JUDICIAL REVIEW

The Administrator's approval or promulgation of implementation plans, or portions thereof, is subject to judicial re- view under section 307(b) (1) of the

Clean Air Act. For purposes of section

307(b)(1), the .30-day period within

which a petition for review may be filed

will be considered to run from the date

of publication in the FEDERAL REGISTER

of a notice of approval or promulgation

of a plan or portion thereof.

RULES AND REGULATIONS

NOTE

Subpart A of the regulations includes

general statements regarding the type of

provisions which will be promulgated

by the Agency as necessary in various

subparts. These statements are expressed

in the present tense in order to avoid re- visions of verb tenses at the time of

promulgation.

EFFECTIVE DATE

These regulations are effective on the

date of their publication in the FEDERAL

REGISTER (5-31-72). The Agency finds

that good cause exists for not publishing

these regulations as a notice of proposed

rule making and for making them effective immediately upon publication, for

the following reasons: 1. The implementation 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 proposed rule-making for comment by interested persons, and

2. The approved implementation plan provisions were adopted In accordance

with procedural requirements of State

and Federal law, which provided for adequate public participation through no- tice, public hearings, and time for com- ment, and consequently further public

participation is unnecessary.

(42 U.S.C. 1857C-5)

Dated: May 26,1972.

WI.LWAm D. RucxEcsAus,

Administrator.

NOTE: Incorporation by reference provisions approved by the Director of the

Federal Register on May 18, 1972.

Part 52 f Chapter I of Title 40 of

the Code of Federal Regulations is

amended by redesignating existing § 52.1 as new Subpart EEE, § 52.2850 and by

adding new Subparts A-DDD as follows:

Subpart A-General Provisions

§ 52.01 Definitions.

All terms used in this part but not

defined herein shall have the meaning

given them in the Clean Air Act and

in Part 51 of this chapter.

§ 52.02 Introduction.

(a) This part sets forth the Administrator's, approval and disapproval of

State plans and the Administrator's pro- mulgation of such plans or portions

thereof. Approval of a plan or any portion thereof is based upon a determination by the Administrator that such plan or portion meets the requirements of

section 110 of the Act and the provisions

of Part 51 of this chapter.

(b) Any plan or portion thereof promulgated by the Administrator substitutes for a State plan or portion thereof disapproved by the Admini trator or not submitted by a State, or supplements a State plan or portion thereof.

The promulgated provisions, together

with any portions of a State plan approved by the Administrator, constitute

the applicable plan for purposes of the

'Act.

(c) Where nonregulatory provisions of a plan are disapproved, the disapproval

is noted in this part and a detailed

evaluation is provided to the State, but no substitute provisions are promulgated

by the Administrator.

(d) All approved regulatory provisions of each plan are incorporated by

reference in this part. Regulatory provisions of a plan approved or promulgated

by the Administrator are enforceable by

the Administrator and the State, and by

local agencies in accordance with their

assigned responsibilities under the plan.

(e) Each State's plan is dealt with in a separate subpart, which includes an introductory section Identifying the plan

by name and the date of Its submittal, a section classifying regions, and a section

setting forth dates for attainment of the

national standards. Additional cctions are included as necessary to rpeciflcally

Identify disapproved provisions, to set

forth reasons for disapproval, and to cet

forth provisions of the plan promulgated

by the Administrator. I

(f) Revisions to applicable plans will

be included in this part when approved or promulgated by the Administrator.

§ 52.03 MExensions.

Each subpart includes the Administrator's determination with respect to any

request under section 110(b) of the Act

for an extension of the deadline for submitting that portion of a plan which

implements a secondary standard or any

request under section 110(o) of the Act

for an extension of the 3-year deadline

for attainment of a primary standard.

§ 52.04 Classificationofregions.

Each subpart Sets forth the priority

classification, by pollutant, for each re- gion in the State. Each plan for each

region was evaluated according to the

requirements of Part 51 of this chapter

applicable to regions of that priority.

§ 52.05 Public availability of einission

data.

Each subpart sets forth the Adminitrator's disapproval of plan procedures

for making emission data available to

the public after correlation with applicable emission limitations, and Includes

the promulgation of requirements that

sources report emission data to the Ad-

"ministrator for correlation and public

disclosure.

§ 52.06 Legal authority.

(a) The Administrator's determination of.the absence or inadequacy of legal

authority required to be included in the

plan is set forth in each subpart. This

includes the legal authority of local

agencies and State governmental agencies other than an air pollution control

agency If such other agencies are assigned responsibility for carrying out a plan or portion thereof.

(b) No legal authority as such Is

promulgated by the Administrator.

Where required re-ulatory provisions are not included in the plan by the State

because of inadequate legal authority, substitute provisions are promulgated

by the Administrator.

(c) Where a State plan did not clearly

set forth a timetable for obtaining legal authority to establish transportation and

land-use controls necessary to attain or

FEDERAL REGISTER, VOL 37, NO. 105-VIEDNESDAY, MAY 31, 1972

HeinOnline -- 37 Fed. Reg. 10846 1972
RULES AND REGULATIONS

maintain the national standards, the

subpart sets forth a timetable for the

acquisition of such authority and the

adoption of the necessary control meas- ures. The State's failure to comply with

thd timetable set forth in the subpart

will be grounds for promulgation of the

required measures by the Administrator.

§ 52.07 Control strategies.

(a) Each subpart specifies in what re- spects the control strategies are approved or disapproved, and also specifies the

date by which an approved or promulgated control strategy will result in the

attainment of the pertinent national

standards.

(b) A control strategy may be disapproved as inadequate because it is not

sufficiently comprehensive, although all

regulations provided to carry out the

strategy may themselves be approved. In

this case, regulations for carrying out

necessary additional measures are promulgated in the subpart.

(c) Where a control strategy is adequate to attain and maintain a national

standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control

strategy is approved and the necessary

regulations are promulgated by the

Administrator. (d) Wherd a control strategy is adequate to attain and maintain air quality

better than that provided for by a na- tional standard but one or more of the

regulations to carry it out is not adopted or not enforceable by the State, the con- trol strategy is approved and substitute

regulations necessary to attain and

maintain the national standard are promulgated.

§ 52.03 Rules and regulations.

Each subpart identifies the regulations,

including emission limitations, which are disapproved by the Administrator, and

includes the regulations which the

Administrator promulgates.

§ 52.09 Compliance schedules.

(a) In each subpart, compliance schedules disapproved by the Administrator are identified, and compliance

schedules promulgated by the Administrator are set forth.

(b) Individual source compliance schedules submitted with certain plans

have not yet been evaluated, and are not approved or disapproved.

§ 52.10 Review of new sources and modifications.

In any plan where the review procedure for new sources and source modifications does not meet thie requirements of § 51.18 of this chapter, provisions are promulgated which enable the Administrator to obtain the necessary information and to prevent coistruction or

modification.

§ 52.11 Prevention of air pollution

emergency episodes.

(a) Each subpart identifies portions

of the air pollution emergency episode

contingency plan which are disapproved,

and sets forth the Administrator's promugation of substitute provisions.

(b) No provisions are promulgated to

replace any disapproved air quality

monitoring or communications portions

of a contingency plan, but detailed

critiques of such portions are provided

to the State.

§ 52.12 Source surveilance.

(a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary

provisions for requiring sources to maintain records, make reports, and submit

information.

(b) No provisions are promulgated for

any disapproved State or local agency

procedures for testing, inspection, investigation, or detection, but detailed

critiques of such portions are provided

to the State.

(c) For purposes of Federal enforcement, emissions from sources subject to

provisions of a plan which did not specify a test procedure or subject to provisions promulgated by the Administrator will be tested by means of the

procedures and methods prescribed in

the appendix to Part 60 of this title, and

emlssions from sources subject to ap- proved provisions of a plan wherein a test procedure was specified will be

tested by the specified procedure.

§52.13 Air quality surveillance; resources; intergovernmental coopera- tion. ,

Disapproved portions of the plan related to the air quality surveillance system, resources, and intergovernmental cooperation are identified in each subpart, and Aetailed critiques of such por- tions are provided to the State. No pro- visions are promulgated by the

Administrator.

§ 52.14 State ambient air quality standards.

Any ambient air quality standard submitted with a plan which is less stringent than a national standard is not considered part of the plan.

§ 52.15 Public availability of plans.

Each State shall make available for

public inspection at least one copy of

the plan in at least one city in each

region to which such plan is applicable.

All such copies shall be kept current.

Subpart B-Alabama

§ 52.50 Identification of plan.

(a) Title of plan: "Air Quality Implementation Plan for the State of Alabama."

(b) The plan was offlcially submitted on January 25,1972. (c) Supplemental Information was submitted on March 21, April 18, and April 28, 1972, by the Alabama Air Pollution Control Commission.

§ 52.51 Chassificationofregions.

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

Poldtarit ______

Air quhlity " I Photcheical

control region Particulate Sulfur ilitrogen Carbon I oxidants ____________ _ ,_ .Utter- L lozides dioxide Vonxide (hydrocarbons)

labama & Tombigbee

Rivers Intrastate

Columbus (Georgia)-

Phenix City (Alabama)

Interstate

East Alabama Intrastate

;Ptropolitan Birmingham

Intrastate

Mobile (Alabaraa)-Pensacoli

.Panama City (Florida)-

Southern Mississippi

Interstate

Southeast Alhbama

Intrastate

Tennessee Rivde Valley

(Alabama)-Currherland

Hopuntains (Tennessee)

, Interstate

II

I

I

SI

§ 52.52 Extensions.

The Administrator hereby extends for 2 years the attainment date for the

national standards for photochemical oxidants and carbon monoxide In the

Metropolitan Birmingham Int~rastate Region and for photochemical oxidants

in the Alabama portion of the Mobile (Alabama) -Pensacola-Panama City (Flor- ida) -Southern Mississippi Interstate Region.

FEDERAL REGISTER, VOL 37, NO. 105-WEDNESDAY, MAY 31, 1972

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RULES ANDA.REGULATIONS 10853

§ 52.230 Control strategy: Nitrogen dioxide, Metropolitan Los Angeles Intrastate

Region.

(a) The requirements of § 51.14(c) (3) of this chapter are not met since the plan

does not provide for the degree of nitrogen oxides emission reduction attainable

through application of reasonably available control technology In the Metropolitan

Los Angeles Intrastate Region.

§ 52.231 Prevention of air pollution emergency episodes.

(a) The requirements of § 51.16 of this chapter are not met since the plan

provides no means of taking necessary emlIon control actions, specifies no episode

criteria, nor delineates any of the procedures to be implemented during an emergency episode.

§ 52.232 Air quality surveillance.

(a) The requirements of § 51.17(a) of this chapter are not met since the plan

does not specify which air quality monitoring stations have been designated for

the purpose of monitoring in an area of maximum pollutant concentrations and

the proposed- network does not provide for the required number of samplers In all

regions.

(b) The requirements of § 51.17(b) of this chapter are not met since methods of

sampling analysis, data handling,, and data analysis were not adequately described

in the plan.

(c) The requirements of § 51.17(c) of this chapter are not met since the plan

does not provide for monitoring air quality during an emergency episode.

§ 52.233 Review of new sources and modifications.

(a) The requirements of § 51.18(a) of this chapter are not met In the indicated

portions of the following Regions since the regulations of the Air Pollution Control

Districts (APCD) do not provide procedures for obtaining information prior to

construction, nor the means of preventing construction.

(1) Sacramento Valley Intrastate:

(i) Colusa County APCD.

(ii) Sutter County APCD.

(2) San Joaquin Valley Intrastate:

(W Calaveras County APOD.

(ii) Fresno County APCD.

(ii) Kern County APCD.

(iv) Kings County APCD.

(v) Madera County APCD.

(vi) Mariposa County APCD.

(vii) Merced County APCD.

(viii) San Joaquin County APOD.

(ix) Stanislaus County APCD.

(x) Tulare County APCD.

(3) Southeast Desert Intrastate:

(i) Kern County APCD.

(b) The requirements of § 51.18(a) of this chapter are not met in the Indicated

portions of the following Regions since the regulations of the Air Pollution Control

Districts (APCD) do not provide procedures for the review of new sources and

modifications.

(1) San Francisco Bay Area Intrastate:

(i) Bay Area APCD.

(2) Sacramento Valley Intrastate:

(i) Sacramento County APCD.

(c) The requirements of § 51.18(a) of this chapter are not met In the indicated

portions of the following Regions since the regulations of the Air Pollution Control

Districts (APCD) do not provide the means to prevent construction.

(1) Metropolitan Los Angeles Intrastate:

(D Santa Barbara County APCD.

(ii) Ventura County APCD.

(2) South Central Coast Intrastate:

(i) Santa Barbara County APCD.

(d) The requirements of § 51.18(c) of this chapter are not met In the indicated

portions of the following Regions since the regulations of the Air Pollution Control

Districts (APCD) do not include a means to prevent construction or modification

of sources if such construction or modification would interfere with the attainment or maintenance of a national standard.

(1) Great Basin Valley Intrastate:

(i) Inyo County APCD.

(ii) Mono County APCD.

(2) Metropolitan Los Angeles Intrastate:

(i) Los Angeles County APCD.

(Ii) Orange County APCD.

(iii) Riverside County APCD.

(iv) San Bernardino County APCD.

(3) North-Central Coast Intrastate:

(i) Monterey-Santa Cruz Unified APCD.

(ii) San Benito County APCD.

(4) North Coast Intrastate:

(i) Humboldt County APCD.

(ii) Mendocino County APCD.

(iii) Siskiyou County APCD. * (5) Northeast Plateau Intrastate:

(1) Lassen County APCD.

FEDERAL REGISTER, VOL 37, NO. 105-WEDNESDAY, MAY 31, 1972

HeinOnline -- 37 Fed. Reg. 10853 1972
RULES AND REGULATIONS

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