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TITLE 40 - PROTECTION OF ENVIRONMENT

CHAPTER I - ENVIRONMENTAL PROTECTION AGENCY

SUBCHAPTER C - AIR PROGRAMS

PART 51 - REQUIREMENTS FOR PREPARATION, ADOPTION, A ND SUBMITTAL OF

IMPLEMENTATION PLANS

subpart x - PROVISIONS FOR IMPLEMENTATION OF 8 - HO UR OZONE NATIONAL AMBIENT AIR QUALITY STANDARD

Appendix V to Part 51 - Criteria for Determining th e Completeness of Plan Submissions

1.0. Purpose This appendix V sets forth the minimum criteria for determining whether a State implementation plan submitted for consideration by EPA is an official submission for purposes

of review under 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to meet the criteria set forth in this appendix V, and request corrective action, identifying the component(s) absent or insufficient to perform a re view of the submitted plan.

1.2 The EPA shall inform the submitting official wh ether or not a plan submission meets the requirements of this appendix V within 60 days of E PA's receipt of the submittal, but no later than 6 months after the date by which the State was required to submit the plan or revision. If a completeness determination is not made by 6 months from receipt of a submittal, the submittal shall be deemed complete by operation of law on the date 6 months from receipt. A determination of completeness under this paragraph means that the submission is an official submission for purposes of 51.103.

2.0. Criteria The following shall be included in pl an submissions for review by EPA: 2.1. Administrative Materials (a) A formal letter of sub mittal from the Governor or his designee, requesting EPA approval of the plan or revision the reof (hereafter the plan).

(b) Evidence that the State has adopted the plan in the State code or body of regulations; or issued the permit, order, consent agreement (hereaf ter document) in final form. That evidence shall include the date of adoption or final issuanc e as well as the effective date of the plan, if different from the adoption/issuance date.

(c) Evidence that the State has the necessary leg al authority under State law to adopt and implement the plan.(d) A copy of the actual regulation, or document submitted for approval and incorporation by

reference into the plan, including indication of th e changes made to the existing approved plan, where applicable. The submittal shall be a copy of the official State regulation /document signed, stamped, dated by the appropriate State official in dicating that it is fully enforceable by the State. The effective date of the regulation/document shall , whenever possible, be indicated in the

document itself.

(e) Evidence that the State followed all of the p rocedural requirements of the State's laws and constitution in conducting and completing the adopt ion/issuance of the plan.

(f) Evidence that public notice was given of the proposed change consistent with procedures approved by EPA, including the date of publication of such notice.

(g) Certification that public hearings(s) were he ld in accordance with the information provided in the public notice and the State's laws and const itution, if applicable.

(h) Compilation of public comments and the State' s response thereto.

2.2. Technical Support (a) Identification of all re gulated pollutants affected by the plan.

(b) Identification of the locations of affected s ources including the EPA attainment/nonattainment designation of the locatio ns and the status of the attainment plan for the affected areas(s).

(c) Quantification of the changes in plan allowab le emissions from the affected sources; estimates of changes in current actual emissions fr om affected sources or, where appropriate, quantification of changes in actual emissions from affected sources through calculations of the

differences between certain baseline levels and all owable emissions anticipated as a result of the

revision.

(d) The State's demonstration that the national a mbient air quality standards, prevention of significant deterioration increments, reasonable fu rther progress demonstration, and visibility, as applicable, are protected if the plan is approved a nd implemented. For all requests to redesignate an area to attainment for a national primary ambien t air quality standard, under section 107 of the Act, a revision must be submitted to provide for th e maintenance of the national primary ambient air quality standards for at least 10 years as requ ired by section 175A of the Act.

(e) Modeling information required to support the proposed revision, including input data, output data, models used, justification of model selection s, ambient monitoring data used, meteorological data used, justification for use of offsite data (where used), modes of models used, assumptions, and other information relevant t o the determination of adequacy of the modeling analysis.

(f) Evidence, where necessary, that emission limi tations are based on continuous emission reduction technology.(g) Evidence that the plan contains emission limi tations, work practice standards and

recordkeeping/reporting requirements, where necessa ry, to ensure emission levels.

(h) Compliance/enforcement strategies, including how compliance will be determined in practice.

(i) Special economic and technological justificat ions required by any applicable EPA policies, or an explanation of why such justifications are no t necessary.

2.3. Exceptions 2.3.1. The EPA, for the purposes of expediting the review of the plan, has adopted a procedure referred to as parallel process ing. Parallel processing allows a State to submit the plan prior to actual adoption by the Sta te and provides an opportunity for the State to consider EPA comments prior to submission of a fina l plan for final review and action. Under these circumstances, the plan submitted will not be able to meet all of the requirements of paragraph 2.1 (all requirements of paragraph 2.2 wi ll apply). As a result, the following exceptions apply to plans submitted explicitly for parallel processing: (a) The letter required by paragraph 2.1(a) shall request that EPA propose app roval of the proposed plan by parallel processing.

(b) In lieu of paragraph 2.1(b) the State shall s ubmit a schedule for final adoption or issuance of the plan.

(c) In lieu of paragraph 2.1(d) the plan shall in clude a copy of the proposed/draft regulation or document, including indication of the proposed chan ges to be made to the existing approved plan, where applicable.

(d) The requirements of paragraphs 2.1(e)2.1(h) s hall not apply to plans submitted for parallel processing.

2.3.2. The exceptions granted in paragraph 2.3.1 sh all apply only to EPA's determination of proposed action and all requirements of paragraph 2 .1 shall be met prior to publication of EPA's final determination of plan approvability.

[55 FR 5830, Feb. 16, 1990, as amended at 56 FR 422 19, Aug. 26, 1991; 56 FR 57288, Nov. 8, 1991]

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