+(,121/,1(

Citation: CFR 1983 ed. 629 1983 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Fri Dec 6 13:24:09 2013

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
Chapter I-Environmental Protection Agency

(c) Any compliance schedule or revision thereof extending 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: Provided however, 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

timely compliance.

(Secs. 110, 301(a), 313, 319, Clean Air Act (42

U.S.C. 7410, 7601(a), 7613, 7619))

[37 FR 26312, Dec. 9, 1972, as amended at 41

FR 18511, May 5, 1976; 44 FR 27569, May

10, 1979J

§ 51.16 Prevention of air pollution emergency episodes.

(a) For the purpose of preventing 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

of persons, 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 dioxide in micrograms/cubic meter, 24-hour average, and

particulate matter in micrograms/cubic

meter, 24-hour average, equal to 490 x 10 3.

Carbon monoxide:

57.5 milligrams/cubic meter (50 parts per

million), 8-hour average.

86.3 milligrams/cubic meter (75 parts per

million), 4-hour average.

144 milligrams/cubic meter (125 parts per

million), 1-hour average.

Ozone:

1,200 micrograms/cubic meter (0.6 part

per million), 1-hour average.

Nitrogen dioxide:

3.750 micrograms/cubic meter (2.0 parts

per million), 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 actions to be taken at each episode stage.

(Examples of emission control actions

are set forth in Appendix 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, then the emission control action

steps applicable to such source shall

be taken.

(e) Each contingency plan for a Priority I region shall provide 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) Inspection of sources to ascertain

compliance with applicable emission

control action 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

agencies and news media.

(f) In the event that the requirements of paragraph (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 a timetable for their completion shall be submitted with the

plan. Such timetable shall provide for

meeting all requirements of paragraph

(e) of this section within 1 year after

such prescribed date. A description of

interim actions that will be taken to

control emissions during any episode

stage which occurs during such 1-year

period shall be included.

629

§ 51.16
§ 51.18

(g) Each plan for a Priority II region

shall include a contingency plan meeting, as a minmum, the requirements of

paragraphs (1) and (2) of paragraph

(b) of this section.

(h) Notwithstanding the preceding

requirements of this section the Administrator may, at his discretion:

(1) Exempt from the requirements

of this section, those portions of Priority 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 Priority I 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) of the Act, outside the urbanized areas.

(Secs. 110, 301(a), 313, 319, Clean Air Act (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; 40 FR 36333, Aug. 20, 1975; 44

FR 16912, Mar. 20, 1979; 44 FR 27569, May

10, 1979]

§ 51.17 [Reserved]

§ 51.18 Review of new sources and modifications.I

(a) Each plan shall set forth legally

enforceable procedures which shall be

adequate to enable the State or a 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

ruling concerning this section.

Title 40-Protection of Environment

(b) Such procedures shall include means by which the State or local

agency responsible for final decisionmaking on an application for approval

to construct or modify will prevent

such construction or modification if it

will result in a violation of applicable

portions of the control strategy or will

interfere with the attainment or maintenance of a Rational standard.

(c) Such procedures shall provide for

the submission, by the owner or operator of the building, facility, structure,

or installation to be constructed or modified, of such information on: (1) The nature and amounts of emissions to be emitted by it or emitted by

associated mobile sources;

(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 control strategy.

(e) Each plan shall identify the

State or local agency which will be re- sponsible for meeting the requirements of this section in each area of

the State. Where such responsibility

rests with an 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

of this section.

(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

shall be subject to review.

(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) Such procedures shall provide

that prior to approving or disapproving the construction or modification of a facility, building, structure, or installation pursuant to this section, the

630