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Citation: CFR 1983 ed. 629 1983

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-- The search text of this PDF is generated from uncorrected OCR text.Chapter I-Environmental Protection Agency

(c) Any compliance schedule orrevision thereofextending over a period of

more than 1 year from the date of its adoption by the State agency shall provide for legally enforceable increments of progress toward compliance by each affected source or category of

sources: Providedhowever,That increments of progress shall' not be required for a compliance schedule which does not extend beyond January 31, 1974. Increments of progress shall include where practicable each increment of progress specified in §51.1(q) and shall include such additional increments of progress as may be necessary to permit close and effective supervision of progress toward timelycompliance. (Secs. 110,301(a), 313, 319, CleanAir Act(42 U.S.C.7410, 7601(a), 7613,7619)) [37 FR 26312, Dec.9, 1972, as amendedat41 FR 18511, May 5, 1976; 44 FR 27569, May 10, 1979J

§51.16 Prevention of air pollution emergency episodes. (a) For the purpose ofpreventing air pollution emergency episodes, each plan for a Priority 1 region shall include a contingency plan which shall,

as a minimum, provide for taking any emission control actions necessary to prevent ambient pollutant concentrations at any location in such region from reaching levels which could

cause significant harm to the health ofpersons, which levels are as follows:

Sulfur dioxide-2,620 micrograms/cubic

meter (1.0 part per million), 24-hour average. Particulate matter-1,000 micrograms/cubic

meter; 24-hour average. Sulfur dioxide and particulate matter combined-product of sulfur dioxidein micrograms/cubic meter, 24-hour average, and particulate matter in micrograms/cubic meter, 24-hour average, equal to 490x10 3. Carbonmonoxide:

57.5 milligrams/cubic meter (50 parts per

million), 8-houraverage. 86.3 milligrams/cubic meter (75 parts per

million), 4-houraverage. 144 milligrams/cubic meter (125 parts per

million), 1-hour average. Ozone:

1,200 micrograms/cubic meter (0.6 part

permillion), 1-hour average. Nitrogen dioxide:

3.750 micrograms/cubic meter (2.0 parts

permillion), 1-hour average. 938 micrograms/cubic meter (0.5 part per million), 24-hour average. (b) Each contingency plan shall (1) specify two or more stages of episode criteria such as those set forth in Appendix L to this part, or their equivalent (2) provide for public announcement whenever any episode stage has been determined to exist, and (3) specify adequate emission control actionstobetaken at eachepisode stage. (Examples of emission control actions

are setforth inAppendix L.)

(c) [Reserved] (d) To the maximum extent practicable, emission control actions taken pursuant to a contingency plan shall be consistent with the extent of any air pollution episode, e.g., if a single

source is determined to be responsible for the occurrence of any episode stage, thenthe emission control action steps applicable to such source shall betaken.

(e) Each contingency plan for aPriorityIregion shallprovide for:

(1) Prompt acquisition of forecasts of atmospheric stagnation conditions and of updates of such forecasts as frequently as they are issued by the National Wather Service.

(2) Inspectionofsources to ascertain compliance with applicable emission controlaction requirements.

(3) Communications procedures for transmitting status reports and orders

as to emission control actions to be taken during an episode stage, including procedures for contact with public officials, major emission sources, public health, safety, and emergency agenciesand newsmedia.

(f) In the event that the requirements ofparagraph (e) of this section have not been fully met by the prescribed date for submitting a plan, a description of the steps under consideration and atimetable for their completion shall be submitted with the plan. Such timetable shall provide for meetingallrequirements ofparagraph (e) ofthis section within 1year after such prescribed date. A description of interim actions that will be taken to control emissions during any episode stagewhich occurs during such 1-year period shall beincluded.



### 629 §51.16

### §51.18

(g) Each plan for a Priority II region shall include a contingency plan meeting, asa minmum, the requirements of paragraphs (1) and (2) of paragraph (b) ofthis section.

(h) Notwithstanding the preceding requirements of this section the Administrator may, athis discretion:

(1) Exempt from the requirements ofthis section, those portions ofPriority I or II regions which have been designated as attainment or unclassifiable for national primary and secondary standards under Section 107 of the Act;

(2) Limit the requirements pertaining to emission control actions in PriorityI regions to:

(i) Urbanized areas as identified in the "1970 Census of Population; Supplementary Report: Population of Urbanized Areas Established- Since the 1970 Census, for the United States: 1970," U.S. Bureau of Census, PC(s)- 106, U.S. Government Printing Office, Washington, D.C., October, 1976, and

(ii) Major emitting facilities, as defined by Section 169(1) oftheAct, outsidethe urbanized areas. (Secs. 110, 301(a), 313, 319, CleanAirAct (42 U.S.C.7410,7601, 7613,7619)) [36 FR 22398, Nov. 25, 1971; 36 FR 24002 Dec. 17, 1971, as amended at 38 FR 20835, Aug. 3, 1973; 40FR 36333, Aug. 20, 1975; 44 FR 16912, Mar. 20, 1979; 44 FR 27569, May 10, 1979]

§51.17 [Reserved]

§51.18 Review ofnew sources and modifications.I (a) Each plan shall set forth legally enforceable procedures which shall be adequate to enable the State ora local agency to determine whether the construction or modification of a facility, building, structure, or installation, or combination thereof, will result in violations of applicable portions of the control strategy or will interfere with attainment or maintenance of a national standard either directly because of emissions from it, or indirectly, because of emissions resulting from mobile source activities associated with it.

'See Appendix S for an interpretative rulingconcerning thissection. Title 40-Protection of Environment

(b) Such procedures shall include

means by which the State or local agency responsible for final decisionmaking on anapplication for approval to construct or modify will prevent such construction or modification ifit will result in a violation of applicable portions ofthe control strategy or will interfere with theattainment ormaintenance ofaRational standard.

(c) Suchprocedures shallprovide for the submission, bythe owneroroperator of the building, facility, structure,

or installation to be constructed or modified, of such informationon:

(1)The nature and amounts ofemissions to be emitted by it oremitted by associated mobilesources;

(2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State

or local agency to make the determination referred to in paragraph (a) of this section.

(d)

-Such procedures shall provide that approval of any construction or modification shall not affect the responsibility of the owner or operator to comply with applicable portions of the controlstrategy.

(e) Each plan shall identify the State orlocal agency which will be re- sponsible for meeting the requirements of this section in each area of the State. Where such responsibility rests withan agency other than an air pollution control agency, such agency shall consult with the appropriate State or local air pollution control agency in carrying out the provisions ofthissection.

(f) Such procedures shall identify types and sizes of facilities, buildings, structures, or installations which will be subject to review pursuant to this section. The plan shall discuss the basis for determining which facilities shallbe subjecttoreview.

(g) The plan shall include the administrative procedures, which will be followed in making the determination specified in paragraph (a) of this section.

(h) (1) Suchprocedures shall provide that prior to approving or disapprovingtheconstruction ormodification of

afacility,building, structure,orinstallation pursuant to this section, the



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