U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-296 705
Air Pollution Regulations in State
Implementation Plans: California,
Federally Promulgated Regulations
Abcor, Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC Control
Programs Development Div
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 296705
EPA-450/3-78-054^
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
California
Federally Promulgated
Regulations
, REPRODUCED BY
NATIONAL TECHNICAL
• INFORMATION SERVICE
i U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-054-
2.
4. TITLE.AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: California Federally Promulgated Regulations
3. RECIPIENT'S ACCESSION"NO.
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHORIS)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT7GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lOENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-054-48
Air Pollution Regulations
in State Implementation Plans:
uornja
Federally Promulgated Regulations
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-05U-48
ii
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
R1ce and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas. oil) - Participates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) • Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VI
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TABLE OF CONTENTS
STATE OF CALIFORNIA
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section Number Title Page Number
Subject Index
(14.0) 52.224 Regulation For Public
Availability of Data 1
(10.0) 52.233 Regulation For Review
of New Sources and
Modifications 4
(9.0) 52.234 Source Surveillance 15
(6.0) 52.240 Federal Compliance
Schedule 17
(7.0) 52.242 Inspection and Mainten-
ance Program 21
(12.0) 52.243 Motorcycle Limitation 23
(12.0) 52.224 Oxidizing Catalyst Retro-
fit 24
(12.0) 52.245 Control of Oxides of
Nitrogen, Hydrocarbon and
Carbon Monoxide Emissions
From In-Use Vehicles 26
21) 52.246 Control of Dry Cleaning
Solvent Vapor Losses 27
(12.0) 52.247 Definitions for Parking
Management Regulations 28
_ 52.248 - 52.250 (Reserved) 29
(12.0) 52.251 Management of Parking
Supply 30
(51.21), 52.252 Control of Degreasing
Operations 35
(51.21) 52.253 Metal Surface Coating
Thinner and Reducer 36
VII
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Revised Standard Section Number Title Page Number
Subject Index
(50.4)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
_-,.. .
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
52.254
52.255
52.256
52.257
52.258
52.259
52.260
52.261
52.262
52.263
52.264
52.265
Organic Solvent
Usage
Gasoline Transfer
Vapor Control
Control of Evapora-
tive Losses from
the Filling of Vehi-
cular Tanks
Computer Carpool
Matching
Mass Transit
Priority - Exclu-
sive Bus Use
Ramp Metering and
Preferential Bus/
Carpool Lanes
(Reserved)
Preferential Bus/
Carpool Lanes, San
Francisco Bay Area
Submittal of Studies
San Francisco Bay
Area
Priority Treatment
For Buses and Car-
pools - Los Angeles
Region
Mass Transit Prior-
ity Strategy and
Planning
Mass Transit and
37
43
47
50
52
53
54
55
57
58
61
Transit Priority
Planning 62
VIII
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Revised Standard Section Number Title Page Number
Subject Index
(12.0) 52.266 Monitoring Transpor-
tation Made Trends 63
(17.0) 52.270 Prevention of Signi-
ficent Deterioration 64
IX
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(14.0) 52.224 Regulation for public availability of data.
52.224 General requirements.
(a) Except in the Air Pollution Control Districts (APCD) listed in this
paragraph, the requirements of 51.10(e) of this chapter are not met
since the plan does not provide procedures by which emission data,
as correlated with applicable emission limitations, will be made
available to the public.
(1) Northeast Plateau Intrastate:
(i) Siskiyou County APCD
(ii) Shasta County APCD
(2) Sacramento Valley Intrastate;
(i) Sutter County APCD
(ii) Glenn County APCD
(iii) Tehama County APCD
(iv) Sierra County APCD
(v) Shasta County APCD
(vi) Sacramento County APCD.
(3) San Diego Intrastate:
(i) San Diego County APCD
(4) Southeast Desert Intrastate:
(i) San Diego County APCD
(ii) Kern County APCD
(5) San Joaquin Valley Intrastate.
(i) Stanislaus County APCD
(ii) Fresno County APCD
(iii) Calaveras County APCD
(iv) Tuolumne County APCD
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(v) San Joaquin County APCD
(vi) Mariposa County APCD
(vii) Tulare County APCD
.(viii) Kern County APCD
(ix) Madera County APCD
(6) North Coast Intrastate:
(i) Slskiyou County APCD
(ii) Lake County APCD
(7) Great Basin Valleys Intrastate:
(i) Great Basin Unified APCD
(8) Metropolitan Los Angelos Intrastate:
(i) Ventura County
(9) North Central Coast Intrastate:
(i) Monterey Bay Unified APCD
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, except for those APCD's
specified in paragraph (a), concerning emissions from any
source subject to emission limitations which are part of the
approved plan may request that the appropriate Regional Admin-
istrator obtain and make public such data. Within 30 days
after receipt of any such written request, the Regional Admin-
istrator shall require the owner or operator of any such source
to submit information within 30 days on the nature and amounts
of emissions from such source and any other information as may
be deemed necessary by the Regional Administrator to determine
whether such source is in compliance with applicable emission
limitations or other control measures that are part of the
applicable plan.
(2) Commencing after the intial notification by the Regional Admin-
istrator pursuant to paragraph (b) (1) of this section, the
owner or operator of the source shall maintain records of the
nature and amounts of emissions from such source and any other
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information as may be deemed necessary by the Regional Admin-
istrator to determine whether such source is in compliance
with applicable emission limitations or other control measures
that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on
forms furnished by the Regional Administrator, and shall be
submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 <• June 30 and July 1 - December
31.
(3) Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Administra-
tor 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 operators of stationary
sources will be correlated with applicable emission limitations
and other control measures that are part of the applicable plan
and will be available at the appropriate regional office and
at other locations in the state designated by the Regional
Administrator.
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(10.0) 52.233 Regulation for review of new sources and modifications.
(f) Regulation for review of new sources and modifications.
(1) The requirements of this paragraph are applicable to:
(i) Any stationary source in the specified portions of
the regulations listed below, the construction or mod-
ification of which is commenced after the effective
date of this regulation:
(a) Metropolitan Los Angeles Intrastate (81.17 of
I this chapter):
! (1) Ventura County Air Pollution Control Dis-
1 trict.
I (2) Santa Barbara County APCD
I (b) Sacramento Valley Intrastate (81.167 of this
! chapter):
i (1) Sacramento County Air Pollution Control
District.
(c) San Joaquin Valley Intrastate (81.167 of this
chapter):
(1) Mariposa County Air Pollution Control Dis-
trict.
(d) South Central Coast Intrastate (81.166 of this
chapter):
(1) Santa Barbara County Air Pollution Control
District
(ii) Any stationary source subject to the requirements of
52.226(c), 52.227(c), 52.228(b), or 52.230(b), the
construction or modification of which is commenced
after the effective date of this regulation.
(2) No owner or operator shall commence construction or modifica-
tion of a stationary source after the effective date of this
regulation without first obtaining approval from the Adminis-
trator of the location and design of such source.
(i) Application for approval to construct or modify shall
be made on forms furnished by the Administrator, or
by other means prescribed by the Administrator.
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(ii) A separate application is required for each source,
(iii) Each application shall be signed by the applicant,
(iv) Each application shall be accompanied by site infor-
mation, plans, descriptions, specifications, and draw-
ings 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) No approval to construct or modify will be granted unless
the applicant shows to the satisfaction of the Administrator
that:
(i) The source will be operated without causing a viola-
tion of any local, State, or Federal regulations
which are part of the applicable plan.
(ii) The source will not prevent or interfere with attain-
ment or maintenance of any national standard,
(4) (i) Within twenty (20) days after receipt of an applica-
tion to construct, or any addition to such application,
the Administrator shall advise the owner or operator
of any deficiency in the information submitted in
support of the application. In the event of such a
deficiency, the date of receipt of the application
for the purpose of paragraph (f) (4) (ii) of this
section, shall be the date on which all require in-
formation is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the
source should be approved, approved with con-
ditions, or disapproved.
(b) Make available in at least one location in each
region in which the proposed source would be
constructed, a copy of all materials submitted
by the owner or operator, a copy of the Adminis-
trator's preliminary determination and a copy or
summary of other materials, if any, considered by
the Administrator in making his preliminary de-
termination; and
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(c) Notify the public, by prominent advertisement in
a newspaper of general circulation in each region
in which the proposed source would be constructed,
of the opportunity for written public comment on
the information submitted by the owner or operator
and the Administrator's preliminary determination
on the approvability of the source.
(iii) A copy of the notice required pursuant to this sub-
paragraph shall be sent to the applicant and to state
and local air pollution control agencies, having cog-
nizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty
(30) days after the date such information is made
available shall be considered by the Administrator in
making his final decision on the application. No
later than ten MQ) days after the close of the pub*
lie comment period, the applicant may submit a written
response to any comment submitted by the public.
The Administrator shall consider the applicant's
response in making his final decision. All comments
shall be made available for public inspection in at
least one location in the region in which the source
would be located.
(v) The Administrator shall take final action on the
application within thirty (30) days after the close
of the public comment period. The Administrator
shall notify the applicant in writing of this approval,
conditional approval, or denial of the application,
and shall set forth his reason for conditional approv-
al or denial. Such notification shall be made avail-
able for public inspection in at least one location
in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods
specified in paragraph (f) (4) (ii), (iv) or (v) of
this section by no more than 30 days, or such other
period as agreed to by the applicant and the Adminis-
trator.
(5) The Administrator may impose any reasonable conditions upon
an approval, including conditions requiring the source to
be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require.
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(ii) Safe access to each port.
(iii) 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 2 years from the date of issuance, or if
during construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this regu-
lation 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 prior to such date.
(ii) A notification of the actual date 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 be operated but not later than 180
days after initial startup of such source the owner or opera-
tor of such source shall conduct a performance test(s) in
accordance with methods and under operating conditions ap-
proved by the Adminsitrator and furnish the Administrator a
written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or
operator.
(ii) The Administrator may monitor such test and may also
conduct performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance
test to afford the Administrator the opportunity to
have an observer present.
(iv) The Administrator may waive the requirement for per-
formance tests if the owner or operator of a source
has demonstrated by other means to the Administrator's
satisfaction that the source is being operated in com-
pliance with all local, State and Federal regulations
which are part of the applicable plan.
(9) Approval to construct or modify shall not be required for:
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(i) The installation or alteration of an air pollutant
detector, air pollutants recorder, combustion con-
troller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed
to remove air pollutants generated by or released from
equipment.
(iii) Fuel burning equipment, other than smokehouse genera-
tors which has a heat input of not more than 250 MBtu/
h (62.5 billion g-cal/h) and burns only gaseous fueU
containing not gore than 0.5 grain H2S per 100 stdft
(5.7 g/100 stdm ); has a heat input of not more than
1 MBtu/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.
(iv) Mobile internal combustion engines,
(v) Laboratory equipment used exclusively for 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 regulation which is part of the applicable plan.
(11) Any owner or operator who constructs, modifies or operates a
stationary source not in accordance with the application, as
approved and conditioned by the Administrator, or any owner
or operator of a stationary source subject to this paragraph
who commences construction or modification without applying
for and receiving approval hereunder, shall be subject to
! enforcement action under section 113 of the Act.
(g) Regulation for review of new sources and modification.
(1) The requirements fo this paragraph are applicable to any
stationary source in the specified portions of the regions
listed below, the construction or modification of which is com-
menced after the effective date of this regulation.
(i) (Reserved)
(ii) Metropolitan Los Angeles Intrastate (81.17 of this
chapter):
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(a) Los Angeles County Air Pollution Control District.
(b) Orange County Air Pollution Control District.
(c) Riverside County Air Pollution Control District,
(d) San Bernardino County Air Pollution Control Dis-
trict.
(iii) North Central Coast Intrastate (81.160 of this chap-
ter) :
(a) Monterey-Santa Cruz Unified Air Pollution Control
District.
(b) San Benito County Air Pollution Control District.
(iv) North Coast Intrastate (81.161 of this chapter):
(a) Humboldt County Air Pollution Control District.
(b) Mendocino County Air Pollution Control District,
(c) Siskiyou County Air Pollution Control District.
(v) Northeast Plateau Intrastate (81.162 of this chapter);
(a) Lassen County Air Pollution Control District.
(b) Siskiyou County Air Pollution Control District,
(c) Modoc County Air Pollution Control District.
(d) Shasta County Air Pollution Control District.
(vi) Sacramento Valley Intrastate (81.163 of this chapter);
(a) El Dorado County Air Pollution Control District,
(b) Glenn County Air Pollution Control District.
(c) Nevada County Air Pollution Control District.
(d) Placer County Air Pollution Control District.
(e) Plumas County Air Pollution Control District
(f) Shasta County Air Pollution Control District.
(g) Sierra County Air Pollution Control District,
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(h) Sutter County Air Pollution Control District.
(i) Yolo-Solano Unified Air Pollution Control District.
(vii) San Diego Intrastate (81.164 of this chapter):
(a) San Diego Intrastate Air Pollution Control Dis-
trict.
(viii) San Joaquin Intrastate (81.167 of this chapter):
(a) Amador County Air Pollution Control District.
(b) Tuolumne County Air Pollution Control District.
(c) Calaveras County Air Pollution Control District.
(d) Fresno County Air Pollution Control District.
(e) Kern County Air Pollution Control District.
(f) Kings County Air Pollution Control District.
(g) Madera County Air Pollution Control District.
(h) Merced County Air Pollution Control District.
(i) San Joaquin County Air Pollution Control District,
(j) Stanislaus County Air Pollution Control District.
(k) Tulare County Air Pollution Control District,
(ix) Southeast Desert Intrastate (81.167 of this chapter):
(a) Los Angeles County Air Pollution Control District,
(b) Riverside County Air Pollution Control District,
(c) San Bernardino County Air Pollution Control Dis-
trict.
(d) San Diego County Air Pollution Control District.
(e) Kern County Air Pollution Control District.
(x) San Francisco Bay Area Intrastate (81.21 of this chap-
ter):
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(a) Yolo-Solano Unified Air Pollution Control Dis-
trict.
(2) No owner or operator shall commence construction or modifica-
tion of any new source after the effective date of this regu-
lation without first obtaining approval from the Administrator
of the location of such source.
(i) Application for approval to construct 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.
(iii) Each application shall be signed by the applicant.
(1v) Each application shall be accompanied by site infor-
mation, stack data, and the nature and amount of
emissions. Such.information shall be sufficient to
enable the Administrator to make any determination
pursuant to paragraph (g) (3) of this section.
(v) Any additional information, plans, specification, evi-
dence, or documentation that the Administrator may re-
quire shall be furnished upon request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that
the source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an applica-
tion to construct, or any additionto such application,
the Adminsitrator shall advise the owner or operator
of any deficiency in the information submitted in
support of the application. In the event of such a
deficiency, the date of receipt of the application
for the purpose of paragraph (g) (4) (ii) of this
section, shall be the date on which all required infor-
mation is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the
source should be approved, approved with condi-
tions, or disapproved.
(b) Make available in at least one location in each
region in which the proposed source would be con-
-11-
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structed, a copy of all materials submitted by
the owner or operator, a copy of the Administra-
tor's preliminary determination and a copy or
summary of other materials, if any, considered
by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement
in a newspaper of general circulation in each
region in which the proposed source would be con-
structed, of the opportunity for written public
comment on the information submitted by the own-
er or operator and the Administrator's prelimi-
nary determination on the approvabi1ity of the
source.
(iii) A copy of the notice required pursuant to this sub-
paragraph shall be sent to the applicant and to state
and local air pollution control agencies, having cog-
nizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30)
days after the date such information is made available
; shall be considered by the Administrator in making his
final decision on the application. No later than ten
| (10) days after the close of the public comment
| period, the applicant may submit a written response
I to any comment submitted by the public. The Adminis<-
trator shall consider the applicant's response in
making his final decision. All comments shall be made
available for public inspection in at least one loca-
tion in the region in which the source would be located,
(v) The Administrator shall take final action on an appli-
cation within thirty (30) days after the close of the
public comment period. The Administrator shall notify
the applicant in writing of his approval, conditional
approval, or denial of the application, and shall set
forth his reasons for conditional approval or denial.
Such notification shall be made available for public
inspection in at least one location in the region in
which the source would be located.
(vi) The Administrator may extend each of the time periods
specified in paragraph (g) (4) (ii), (iv) or (v) of
this section by no more than 30 days, or such other
period as agreed to by the applicant and the Adminis-
trator.
-12-
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(5) The Administrator may cancel an approval if the construction
is not begun within 2 years from the date of Issuance, or if
during the construction, work is suspended for 1 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.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant
detector, air pollutants recorder, combustion con-
troller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed
to remove air pollutants generated by or released from
equipment.
(iii) Fuel burning equipment, other than smokehouse gener-
ators, which has a heat input of not more than 250
MBtu/h (62.4 billion g-cal/h)and burns only gaseous
fuel containing not more than 20.0 grain H«S per 100
stdftj (54.8 g/100 stdnr); has a heat input of not
more than 1 MBtu/h 250 Mg-cal/h) and burns only dis-
tillate oil; or has a heat input of not more than
350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or
physical analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as
approved and conditioned by the Administrator, or any owner
or operator of a stationary source subject to this paragraph
who commences construction or modification without applying
for and receiving approval hereunder, shall be subject to en-
forcement action under section 113 of the Act.
(h) The requirements of 51.18 of this chapter are not met since the
State of California failed to submit a plan for review of new or
modified indirect sources.
(i) Regulation for review of new or modified indirect sources. The pro-
visions of 52.22(b) of this chapter are hereby incorporated by
-13-
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reference and made a part of the applicable implementation plan for
the State of California.
(j) Delegation of authority.
(1) The Administrator shall have the authority to delegate res-
ponsibility for implementing the procedures for conducting
source review pursuant to this section in accordance with para-
graphs (j) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant
to this section to any Agency other than a Regional Office
of the Environmental Protection Agency, a copy of the notice
pursuant to paragraph (f) (4) (iii) and (g) (4) (iii) of this
section shall be sent to the Administrator through the appro-
priate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting
source review pursuant to this section shall not be delegated,
other than to a Regional Office of the Environomental Protec-
tion Agency, for new or modified sources which are owned or
operated by the Federal government or for new or modified
sources located on Federal lands; except that, with respect
to the latter category, where new or modified sources are con-
structed or operated on Federal lands pursuant to leasing or
other Federal agreements, the Federal Land Manager may at his
discretion, to the extent permissible under applicable statutes
and regulations, require the lessee or permittee to be subject
to new source review requirements which have been delegated to
a state or local agency pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall
not be redelegated, other than to a Regional Office of the En-
vironmental Protection Agency, for new or modified sources
which are located in Indian reservations except where the State
has assumed jurisdiction over such land under other laws, in
which case the Administrator may delegate his authority to the
States in accordance with paragraphs (j) (2), (3), and (4) of
this section.
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(9.0) 52.234 Source surveillance.
52.234 Source Surveillance.
(a) Except in the Air Pollution Control Districts (APCD) listed in this
paragraph, the requirements of 51.19 of this chapter are not met
since the plan does not provide for recordkeeping and periodic re-
porting of emission data by sources.
(1) North Coast Intrastate:
(i) Mendocino County APCD
(ii) Lake County APCD
(2) San Joaquin Valley Intrastate:
(i) Calaveras County APCD
(ii) Mariposa County APCD
(3) Sacramento Valley Intrastate:
(i) Sierra County APCD
(4) Metropolitan Los Angeles Intrastate:
(i) Ventura County APCD
(b) The requirements of 51.19 (b) of this chapter are not met since the
plan does not adequately provide for periodic testing and inspection
of stationary sources within the Bay Area Air Pollution Control
District portion of the San Francisco Bay Area Intrastate Region.
(c) The requirements of 51.19 (c) of this chapter are not met since the
system for detecting violations through enforcement of visible
emission regulations and complaint handling is not adequately
described.
(d) Regulation for source recordkeeping and reporting.
(1) The owner or operator of any stationary source in the State of
California, except for those APCD's specified in paragraph (a)
of this section, shall, upon notification from the Administra-
tor, 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 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
-15-
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reporting period. Reporting periods are January 1 to June 30
and July 1 to December 31, except that the intial reporting
period shall commence on the date the Administrator issues
notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of
the summarizing reports submitted to the Administration shall
be retained by the owner or operator for 2 years, after the
date on which the pertinent report is submitted. (37 FR 10850,
May 31, 1972, as amended at 37 FR 19813, Sept.22, 1972; 38 FR
12707, May 14, 1973)
-16-
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(6.0) 52.240 Federal compliance schedules.
(c) Federal compliance schedule.
(1) Except as provided in subparagraph (2) of this paragraph, the
owner 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 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 acheives compliance with
such rule or regulation after the effective date of
this 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 para-
graph (c) (1) of this section may, not later 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 expeditious-
ly as practicable but no later than July 31, 1975. The com-
pliance schedule shall provide for increments of progress
toward compliance. The dates for achievement of such incre-
ments of progress shall be specified. Increments of progress
shall include, but not be limited to: submittal of final
control plan to the Administrator; letting of necessary con-
tracts for construction or process changes or issuance of
orders for the purchase of component parts to accomplish
emission control or process modification; initiation of on-
site construction or installation of emission control equip-
ment or process modification; completion of onsite construc-
tion or installation of emission control equipment or process
modification; and final compliance.
(3) Any owner or operator who submits a compliance schedule pur-
suant to this paragraph shall, within 5 days after the dead-
line for each increment of progress, certify to the Adminis-
trator whether or not the required Increment of the approved
compliance schedule has been met.
(d) Regulation for increments of progress.
(1) The requirements of this paragraph are applicable to any
-17-
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stationary source in the following regions 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, 54.A, 58.A, 62.1, 68, 69, 70, and 71 of the
San Bernardino County APCD
(b) Rules 53, 72.1 and 72.2 of the 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
(f) Rule 66(c) and 68 of the Los Angeles County APCD
(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 County APCD
(b) Rules 53, 72.1, and 72.2 of the Riverside County
APCD
(v) San Joaquin Valley Intrastate:
(a) Rule 409 of the Tulare County APCD
(vi) North Coast Intrastate:
(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, no later than
120 days following the effective date of this paragraph, submit
to the Administrator for approval, a proposed compliance
-18-
-------
schedule that demonstrates compliance with the applicable reg-
ulations as expeditiously as practicable but no later than
the final compliance date specified by such applicable reg-
ulation. The compliance schedule shall provide for periodic
increments of progress toward compliance. The dates for
achievement of such increments shall be specified. Incre-
ments of progress shall include, but not be limited to: sub-
mitt a 1 of final control plan to the Administrator; letting
of necessary contracts for construction or process changes or
issuance of orders for the purchase of component parts to
accomplish emission control or process modification; initia-
tion of onsite construction or installation of emission con-
trol equipment or process modification; and final compliance.
(3) Where any such owner or operator demonstrates to the satis-
faction of the Administrator that compliance with the applic-
able regulations will be achieved on or before January 31, 1974,
no compliance schedule shall be required.
(4) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for
each increment of progress, 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 satisfy the requirements of this para-
graph for the affected source.
(e) Federal compliance schedules. The compliance schedules for the
sources identified below are approved as meeting the requirements of
51.15 and paragraph (d) of this section. All regulations cited are
air pollution control regulations of the specific county in which
the source is located,unless otherwise noted.
-19-
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Source
Douglas Aircraft Co.
City of Los Angeles, Department of Hater and Power:
a.
b.
c.
d.
e.
Haynes Unit 1
Haynes Unit 2
Haynes Unit 3
Haynes Unit 4
Haynes Unit 5
i
t\j
o
Southern California Edison Co.:
a. Alanitos Unit 5
b. Alaaltos Unit 6
c. Redondo Unit 7
d. Redondo Unit 8
e. Oraond Be«ch Station Unit 1
f. Omond Beach Station Unit 2
Kerr-NcGee Chemical Co.:
a. Cheni dryer (potash section)
b. Supo dryer (potash section)
c. No. 1 aghl dryer (potash section)
d. No. 2 aghi dryer (potash section)
e. Boric acid dryer (boron section
f. No. 2 dryer (soda products section)
g. LIcons roaster (soda products section)
h. Bleacher (cartonation section)
Riverside Cerent Co. Kilns 1 through 5
Stauffer Chemical Co.:
a. Grade 80 plant
b. Dense ash plant
c. Anhydrous boron plant
County. Location
Los Angeles
do
do
do
do
do
do
do
do
dp
Ventura
do
San Bernardino
do
do
do
do
do
do
do
do
do
do
Regulation
Involved
Rule 66 (C)
Rule 68
do
do
do
do
do
do
do
do
Rule 59
do
Rules 5QA. 52A. ft 54A
do
do
do
do
do
do
do
Rules 52A ft 54A
Rules BOA ft 52A
do
do
Effective
Date
Sept. 1, 1974
Dec. 31. 1974
do
do
do
do
do
do
do
do
Jan. 1. 1975
do
do
do
do
do
do
do
do
do
do
do
do
do
Final Compliance
Date
Aug. 31, 1974
July 5, 1974
Nov. 29. 1974
Dec. 13. 1974
Aug. 12. 1974
Dec. 30. 1974
Dec. 31. 1974
Do.
Do.
Do.
Do.
Do.
Oct. 15. 1974
Nov. 10. 1974
Dec. 15. 1974
Nov. 15. 1974
Nov. 1. 1974
Dec. 20. 1974
Dec. 1. 1974
Dec. 15, 1974
Dec. 31. 1974
Dec. 20. 1974
Nov. 15. 1974
Nov. 8. 1974
Witteman Steel Hills
do
Rule 50A
Jan. 1, 1975
-------
(7.0) 52.242 Inspection and maintenance program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program to reduce
emissions from in-use vehicles through identifying vehicles
which need emission control-related maintenance and requiring
that maintenance be performed.
(2) "Light-duty vehicle" means any gasoline-powered motor vehicle
rated at 6,000 pounds GVW or less.
(3) All other terms used in this section that are defined in Ap-
pendix N to Part 51 of this chapter, are used herein with the
meanings so defined.
(b) This section is applicable in the Metropolitan Los Angeles, San
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco
Bay Area Intrastate Air Quality Control Regions (hereinafter
referred to as the Regions).
(c) The State of California shall establish an inspection and mainten-
ance program applicable to all light-duty vehicles registered in
the Regions that operate on streets or highways over which it has
ownership or control. The State may exempt any class or category
of vehicles which it finds are rarely used on public streets and
highways (such as classic or antique vehicles). Under the program,
the State shall:
(1) Inspect all light-duty motor vehicles at periodic in-
tervals no more than one year apart.
(2) Apply inspection failure criteria consistent with the
emission reductions claimed in the plan for the stra-
tegy. These emission reductions are 15 percent for
hydrocarbons and 12 percent for carbon monoxide.
(3) Ensure that failed vehicles receive the maintenance
necessary to achieve compliance with the inspection
standards, and retest failed vehicles following main-
tenance.
(4) (Reserved)
(5) Begin the first inspection cycle on October 1, 1975,
completing it by September 30, 1976.
(6) Designate an agency or agencies responsible for con-
ducting the inspection and maintenance program.
-21-
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(d) After September 30, 1976, the State shall not register or allow to
operate on its streets or highways any light-duty vehicle that does
not comply with the applicable requirements of the program esta-
blished under paragraph (c) of this section. This shall not apply
to the initial registration of a new motor vehicle.
(e) After September 30, 1976, no owner of a light-duty vehicle shall
operate or allow the operation of such vehicle that does not com-
ply with the applicable requirements of the program established
under paragraph (c) of this section. This shall not apply to the
initial registration of a new vehicle.
(f) The State of California shall submit no later than February 1, 1974,
a detailed compliance schedule showing the steps it will take to
establish an inspection and maintenance program pursuant to para-
graph (c) of this section.
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(12.0) 52.243 Motorcycle limitation.
(a) Definitions:
(1) "Motorcycle" means any self-propelled, two- or three-wheeled
motor vehicle capable of carrying one or more persons.
(b) This section is applicable in the San Diego, Los Angeles, San Fran-
cisco Bay Area, San Joaquin Valley, and Sacramento Valley Air Qual-
ity control Regions (the "Region").
(c) As of January 1, 1976, the State of California shall prohibit the
operation of motorcycles in each Region between the hours of 6 a.m.
and 8 p.m. during the months of May, June, July, August, and Sep-
tember.
(d) The restrictions set forth in paraaraoh (c) of this section shall
be of no force and effect during the period from January 1, 1976,
to December 31, 1978, if the Administrator establishes legally valid
and binding emission standards applicable to all new motorcycles
meeting the light-duty vehicle definition of the Clean Air Act,
sold in 1976 and later model years, and such standards require
emission levels representing at least a 50 percent reduction in
present emission levels of hydrocarbons emitted by 2-stroke motor-
cycles and a significant reduction in emissions of carbon monoxide
from present levels emitted by both 2- and 4-stroke motorcycles.
(e) The restrictions set forth in paragraph (c) of this section shall be
of no force and effect on and after January 1, 1979, if the Admin-
istrator establishes legally valid and binding emission standards
for new motorcycles sold in the 1979 and later model years, and
such standards receive motorcycles manufactured during the 1979
and later model years to achieve at least the same degree of emis-
sion control of hydrocarbons and carbon monoxide as is required for
1976 and later model year light-duty vehicles.
(f) No later than July 1, 1975, and July 1, 1978, respectively (unless
the applicable exemptions under paragraphs (d) or (e) of this sec-
tion have become available), the State shall submit a detailed com-
pliance schedule showing the steps it will take to implement and en-
force these requirements, including:
(1) The text of needed statutory proposals and needed regulations
which it will propose for adoption.
(2) A date by which the State will adopt procedures (or submit evi-
dence that they are in existence) necessary to restrict the
operation of motorcycles as required above. Such date shall
be no later than December 1, 1975, and December 1, 1978, re-
spectively.
-23-
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(12.0) 52.224 Oxidizing catalyst retrofit.
(a) Definitions:
(1) "Oxidizing catalyst" means a device installed in the ex-
haust system of a vehicle that utilizes a catalyst and,
if necessary, ah air pump to reduce emissions of hydro-
carbons and carbon monoxide from that vehicle.
! (2) "Light-duty vehicle" means any gasoline-powered motor
vehicle rated at 6,000 pounds GVW or less.
j
(3) All other terms used in this section that are defined in
j Part 51, Appendix N, of this chapter, are used herein with
the meanings so defined.
I
1 (b) This section is applicable in the San Diego, San Francisco Bay
I Area, San Joaquin Valley, Sacramento Valley, and Metropolitan
i Los Angeles Intrastate Air Quality Control Regions.
i
(c) The State of California shall establish a retrofit program to
| ensure that on or before May 31, 1977, all gasoline-powered,
light-duty motor vehicles of model years 1966 through 1974,
1 which are subject under currently existing legal requirements
i to registration in the area defined in paragraph (b) of this
: section, and which are capable of operating on unleaded gaso-
line having a research octane number (RON) of 91 or lower,
are equipped with an appropriate oxidizing catalyst retrofit
• device. No later than September 1, 1974, the State shall
1 submit legally adopted regulations to EPA establishing such
| a program. The regulations shall include:
i
(1) Designation of an agency responsible for evaluating and
j approving such devices for use in motor vehicles subject
1 to this section.
i
1 (2) Designation of an agency responsible for ensuring that the
, provisions of paragraph (c) (3) of this section are enforced.
1 (3) A provision that, starting no later than December 1, 1975,
i the State of California shall commence retrofitting oxi-
dizing catalysts to those light-duty motor vehicles able
to operate properly and safely on unleaded 91 RON gasoline.
The installation shall be completed by May 31, 1977.
: (4) A method and proposed procedures for ensuring that those
I installing the retrofits have the training and ability to
perform the needed tasks satisfactorily and that they have
an adequate supply of retrofit components.
-24-
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(d) After May 31, 1977, the State shall not register or allow to oper-
ate on public streets or highways any light-duty, gasoline-powered
vehicle that does not comply with the applicable standards and pro-
cedures adopted pursuant to paragraph (c) of this section.
(e) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures adopted
pursuant to paragraph (c) of this section.
(f) The State of California shall submit, no later than April 1, 1974,
detailed compliance schedule showing the steps it will take to
establish and enforce a retrofit program pursuant to paragraph (c)
of this section, and the text of needed statutory proposals and
needed regulations that it will propose for adoption. The compli-
ance schedule shall include a date by which the State shall evalu-
ate and approve devices for use in this program. Such date shall
be no later than January 1, 1975.
-25-
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(12.0) 52.245 Control of oxides of nitrogen, hydrocarbon, and carbon monoxide
emissions from in-use vehicles.
(a) The State of California retrofit program, authorized under section
39176 of the State of California Health and Safety Code and esta-
blished by the California Air Resources Board for the purpose of
controlling oxides of nitrogen, hydrocarbon, and carbon monoxide
emissions from model year 1955 through 1965 light-duty motor
vehicles, shall be extended to the San Joaquin Valley and Sacra-
mento Valley Intrastate Air Quality Control Regions (the "Regions"),
(b) Beginning March 31, 1974, the State of California shall commence
the operation of this program in the Regions.
(38 FR 31246, Nov. 12, 1973)
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(51.21) 52.246 Control of dry cleaning solvent vapor losses.
(a) For the purpose of this section, "dry cleaning operation" means
that process by which an organic solvent is used in the commer-
cial cleaning of garments and other fabric materials.
(b) This section is applicable in the Metropolitan Los Angeles,
Sacramento Valley. San Joaquin Valley, and San Francisco Bay
Area Intrastate Air Quality Control Regions (the "Regions")
except as follows:
(1) In the following portions of the Sacramento Valley Region,
this section is rescinded:
(i) Sacramento County APCD
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded.
(i) Ventura County APCD
(c) Any dry cleaning establishment that uses solvents containing
4 percent or more by volume of any reactive organic material
listed under parpgraphs (k) (1), (2), and (3) of 52.254
except perchloroethylene or any saturated halogenated hydro-
carbon shall reduce the emissions of the discharged organics by
90 percent by use of activated carbon adsorption or other appro-
priate means; not later than January 1, 1975.
(d) If incineration is used as a control technique, 90 percent or
more of the carbon in the organic compounds being incinerated
must be oxidized to carbon dioxide.
-27-
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(12.0) 52.247 Definitions for parking management regulations.
(a) For purposes of 52.248, 52.249, 52.250, and 52.251:
(1) "Parking facility" (also called "facility") means any facility,
building, structure, lot, or portion thereof used primarily
for temporary storage of motor vehicles.
(2) "Parking space" means any area whatsoever customarily used
for the temporary storage of a motor vehicle that is not
being held for the sole purpose of original sale, resale, or
repair.
(3) "Employer" means any person or entity that employs 50 or more
persons. "Employee parking space" means any parking space
reserved or provide by any employer for the primary use of his
employees.
(4) "Residential parking space" means any parking space used pri-
marily for the parking of vehicles of persons residing within
less than half a mile of the space.
(5) "Commercial parking space" means any parking space in which
the parking of a single motor vehicle is permitted for a fee.
It includes on-street parking governed by parking meters, and
excludes employee and residential parking spaces.
(6) "Free parking space" means any parking space in which the
parking space in which the parking of a single motor vehicle
without fee is permitted or encouraged by the person having
control of such space, whether for the purpose of encouraging
patronage of commercial establishment(s) or otherwise. It
includes free on-street parking and free parking on vacant lots,
and excludes employee and residential parking spaces. All
parking spaces are either commercial, employee, residential,
or free parking spaces.
-28-
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52.248 - 52.250 (Reserved)
-29-
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(12.0) 52.251 Management of parking supply.
(a) Definitions:
(1) "Parking Facility" (also called "facility") means a lot, ga-
rage, building or structure, or combination or portion thereof,
in or on which motor vehicles are temporarily parked.
(2) "Vehicle trip" means a single movement by a motor vehicle that
that originates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation of
a parking facility,-or any conversion of land, a building or
structure, or portion thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that
increases or may increase the motor vehicle capacity of or
the motor vehicle activity associated with such parking
facility.
(5) "Commence" means to undertake a continuous program of on-site
construction or modification.
(b) This regulation is applicable in the Metropolitan Los Angeles, San
Diego, and San Francisco Bay Area Intrastate Air Quality Control
Regions, in the Stanislaus, Fresno, San Joaquin, and Kern County
portions of the San Joaquin Valley Intrastate Air Quality Control
Region, and in the Sacramento, Yolo, El Dorado, and Placer County
portions of the Sacramento Valley Intrastate Air Quality Control
Region.
(c) The requirements of paragraphs (d) through(i) of this section are
applicable to the following parking facilities in the area speci-
fied in paragraph (b) of this section, the construction or modifi-
cation of which is commenced after January 1, 1975.
(1) Any new parking facility with parking capacity for 250 or more
vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 250 or more vehicles; and
(3) Any parking facility constructed or modified in increments which
individually are not subject to review under paragraph (c) (1)
and/or (c) (2) of this section but which, when all such incre-
ments occurring since January 1, 1975, are added together, as
a total would subject the facility to review under paragraphs,
(c) (1) and/or (c) (2) of this section.
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(d) No person shall commence construction or modification of any facil-
ity subject to this section without first obtaining written approval
from the Administrator or an agency designated by him; provided
that his paragraph shall not apply to any proposed construction or
modification for which a general construction contract was finally
executed by all appropriate parties on or before January 1, 1974,
in good faith and not for the purpose of avoiding review. It does
not apply to any parking facility constructed or operated together
with a residential building or buildings for the primary use of res-
idents of such building(s), nor does it apply to any parking facil-
ity to be constructed by a religious organization and to be used
solely for religious purposes (not including high schools and
college-level education).
(e) No approval to construct or modify a facility shall be granted un-
less the applicant shows to the satisfaction of the Administrator
or an agency approved by him that either:
(1) There is a clear economic or social need for the facility, and
that it will be so designed and located as to minimize any ad-
verse impact on air quality; or
(2) Commitments made by the applicant prior to the effective date
of this regulation make it unjust to require more than limited
alterations to minimize effect on air quality; or
(3) (i) The design or operation of the facility will not cause
a violation of the control strategy which is part of
the applicable implementation plan and will be consis-
tent with the plant's VMT reduction goals; and
(ii) The emissions resulting from the design or operation
of the facility will not prevent or interfere with the
attainment or maintenance of any national ambient air
quality standard at any time within 10 years from the
date of application. A permit may not be denied for
reasons based on air quality in any case where the ap-
plicant makes a showing satisfactory to the Adminis-
trator or the agency designated by him that the spaces
to be built will be used exclusively for serving mass
transit (for example, as part of a park-and-ride sys-
tem).
(f) Except to the extent that the Administrator or agency designated
by him may waive any such requirement in writing, all applications
for approval under this section shall include the following infor-
mation:
(1) Name and address of the applicant.
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(2) Location and description of the parking facility.
(3) A proposed construction schedule.
(4) The normal hours of operation of the facility and the enter-
prises and activities that it serves.
(5) The total motor vehicle capacity before and after the construc-
tion or modificiatoin of the facility.
(6) The number of people using or engaging in any enterprises or
activities that the facility will serve on a daily basis and
a peak hour basis.
(7) A projection of the geographic areas in the community from which
people and motor vehicles will be drawn to the facility. Such
projection shall include data concerning the availability of
mass transit from such areas.
(8) An estimate of the average and peak hour vehicle trip genera-
tion rates, before and after construction or modification of
the facility.
(9) An estimate of the effect of the facility on traffic pattern and
flow.
(10) An estimate of the effect of the facility on total VMT for the
air quality control region.
(11) Additional information, plans, specification, or documents as
required by the Administrator.
(g) If the administrator or agency designated by him specifically so re-
quests, the application shall also include an analysis of the effect
of the facility on site and regional air quality, including where
applicable a showing that the facility will be compatible with the
applicable implementation plan, and that the facility will not cause
any national air quality standard to be exceeded within 10 years
from date of application. The Administrator may prescribe a stand-
ardized screening technique to be used in analyzing the effect of the
facility on ambient air quality.
(h) feach application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the
facility shall be operated in accordance with applicable rules, reg-
ulations, permit conditions, and the design submitted in the appli-
cation.
(i) Within 30 days after receipt of an application, the Administrator or
agency approved by him shall notify the public by prominent
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advertisement in the region described in paragraph (b) of this sec-
tion, of the receipt of the application and the proposed action on
it (whether approval, conditional approval, or denial), and shall
invite public comment.
(1) The application, all submitted information, and the terms of
the proposed action shall be made available to the public in
a readllv accessible place within the area described in para-
graph (b) of this section.
(2) Public comments submitted within 30 days of the date such in-
formation is made available shall be considered in making the
final decision on the application.
(3) The Administrator or agency approved by him shall take final
action (approval, conditional approval, or denial) on an ap-
plication within 30 days after close of the public comment
period.
(j) For any new parking facility with capacity for 50 to 249 motor ve-
hicles, any facility which will be modified to increase parking
capacity by 50 to 249 motor vehicles, and any facility constructed
or modified in increments which individually are not subject to
review under this paragraph, but which, when all such Increments
occurring since January 1, 1975, are added together, as a total
would subject the facility to review under this paragraph, no person
shall commence construction or modification without first furnishing
to the Administrator or any agency designated by him, the informa-
tion required by paragraphs (f) (1) through (f) (5) of this section
No approval will be required by the Administrator unless the deter-
mination specified in paragraph (k) of this section is made. This
paragraph shall not apply to any proposed construction or modifi-
cation for which a general construction contract was finally exe-
cuted by all appropriate parties on or before January 15, 1975.
(k) If the Administrator,.or an agency designated by him, determines,
and gives prominent public notice of such determination, that con-
struction of parking lots of 50 to 249 spaces (or modification of
parking lots to add 50 to 249 spaces) 1n any geographical subdi-
vision of the areas specified in paragraph (b) of this section, is
having or is likely to have a significant detrimental effect on the
control strategies in this transportation control plan or on air
quality, he may require approval by him, or an agency designated
by him, pursuant to the procedures in paragraphs (d) through (1) of
this section prior to construction of any additional such lots in
such a subdivision. The Administrator shall approve an application
unless he determines that the facility to be constructed would,
either in itself or when viewed as part of a pattern of development,
have a significant adverse impact on the applicable transportation
control strategy.
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(1) As an alternative to satisfying the requirements of paragraphs (d)
through (k) of this section, any local jurisdiction, or authority
may submit to the Administrator a comprehensive parking management
plan covering, at a minimum, the next 5 years. The plan should be
submitted no later than October 15, 1974. The Administrator shall
approve such plan if he finds that:
(1) The agency submitting the plan has full and adequate legal
authority to enforce compliance with its requirements.
(2) The area over which the agency exercises the authority des-
cribed in paragraph (j) (1) of this section is a logical unit
for air pollution control planning purposes.
(3) The plan sets forth a complete description of where additional
construction of parking facilities will be allowed under this
plan or by further measures already adopted or to be adopted.
The plan must state in detail the reasons for expecting any
anticipated reduction in parking spaces, and must provide
that no parking facility may legally be constructed in the
area subject to the plan unless such construction is speci-
fically authorized by the plan.
(4) The plan demonstrates that 1f Its terms are carried out, air
quality will improve at least as much as if all new parking
facilities were subject to the requirements of paragraphs (d)
through (k) of this section were followed, the plan shall show
by clear and convincing evidence any resulting impact on air
quality to be.insubstantial.
(5) The plan has been adopted after a public hearing held in con-
formity with the requirements of 51.4 of this chapter.
(m) In any area covered by a parking management plan approved under
paragraph (1) of this section, no action to expand the number of
spaces at parking facilities may be taken that is not explicitly
provided for in the plan without a permit issued in accordance
with the requirements of paragraphs (d) through (k) of this sec-
tion.
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(51.21) 52.252 Control of degreasing operations.
(a) "Degreasing" means any operation using an organic solvent as a
surface cleaning agent prior to fabricating, surface coating,
electroplating, or any other process.
(b) This section is applicable in the Metropolitan Los Angeles, Sacra-
mento Valley, San Joaquin Valley, and San Francisco Bay Area Air
Quality Control Regions (the "Regions"), except as follows:
(1) In the following portions of the Sacramento Valley Region,
this section is rescinded:
(i) Sacramento County APCD
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded:
(i) Ventura County APCD
(c) Any organic emissions discharged from degreasing operations must
either be reduced by at least 85 percent, or the degreasing solvent
must be classified as non-photochemically reactive as defined by
paragraph (k) of 52.254 no later than January 1, 1975. This regu-
lation shall not be construed as lessening any emission control
requirement specified under EPA approved regulations or 52.254.
Degreasing operations using perchloroethylene or saturated halo-
genated hydrocarbons shall be exempt from the requirements of this
section.
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(51.21) 52.253 Metal surface coating thinner and reducer.
(a) All terms defined in 52.254 are used herein with the meanings so
defined.
(b) This section is applicable in the Metropolitan Los Angeles, San
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco
Bay Area Intrastate Air Quality Control Regions (the "Regions"),
except as follows:
(1) In the following portions of the Sacramento Valley Region,
this section is rescinded:
(i) Sacramento County APCD
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded:
(i) Ventura County APCD
(c) The composition of the organics in all metal surface coating thin-
ners and reducers that are manufactured after January 1, 1975, and
are used in the Regions, shall conform to paragraph (k) of 52.254
so as to be defined as a non-photochemcially reactive solvent.
(d) After July 1975, the composition of the organics in all metal sur-
face coating thinners and reducers that are used in the Regions,
shall conform to paragraph (k) of 52.254 so as to be defined as a
non-photochemical1y reactive solvent.
(e) If there is an inadequate supply of necessary solvent ingredients
needed in the manufacture of metal surface coating thinners and re-
ducers for the purpose of meeting the composition requirements of
this section in the time constraint required by this section; then
evidence of such a supply inadequacy must be presented to the Ad-
ministrator by the manufacturers of the metal surface coating
thinners and reducers, so that the Administrator may grant to the
industry an appropriate implementation time extension for meeting
the requirements of this section, if and as warranted by the evi-
dence presented.
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(50.4) 52.254 Organic solvent usage.
(a) This section is applicable in the Sacramento Valley, San Francisco
Bay Area, and San Ooaquin Valley Intrastate Air Quality Control
Regions (the "Regions"), except as follows:
(1) In the following portions of the San Joaquin Valley Region,
only the hourly emission limitations contained in paragraphs
(b), (c), and (d) of this section are in effect; the follow-
ing paragraphs, needed for interpretation and enforcement of
these emission limitations, are also in effect: Paragraphs
(e) through (1) and (o) thrnuph (a) of this section.
(i) Stanislaus County
(11) Kern County APCD
(iii) Fresno County APCD
(1v) San Joaquin County APCD
(v) Madera County APCD
(2) In the following portions of the San Joaquin Valley Region,
only the hourly emission limitations contained in paragraphs
(b), (c) and (d) of this section and the architectural coat-
ings and solvent disposal emission limitations contained in
paragraphs (m) through (n) of this section are in effect; the
following paragraphs, needed for interpretation and enforcement
of these emission limitations, are also in effect: Paragraphs
(e) through (1) and (o) through(q) of this section.
(i) Kings County APCD
(3) In the following portions of the Sacramento Valley Region
this section is rescinded:
(i) Sacramento County APCD
(b) No person shall discharge into the atmosphere more than 15 pounds of
organic materials in any 1 day or more than 3 pounds in any 1 hour
from any article, machine, equipment, or other contrivance in which
any organic solvent or any material containing organic solvent comes
into contact with flame or is baked, heat-cured, or heat-poly-
merized in the presence of oxygen, unless said discharge has been
reduced by at least 85 percent. Those portions of any series of
articles, machines, equipment, or other contrivances designed for
processing continuous web, strip, or wire that emit organic materials
in the course of using operations described in this section shall
be collectively subject to compliance with this section.
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(c) A person shall not discharge to the atmosphere more than 40. pounds
of organic materials in any 1 day or more than 8 pounds in any 1
hour from any article, machine, equipment, or other contrivance
used under conditions other than those described in paragraph (b)
of this section for employing or applying any photochemically
reactive solvent, as defined in paragraph (k) of this section, or
material containing such photochemically reactive solvent, unless
said discharge has been reduced by at least 85 percent. Emissions
of organic materials into the atmosphere resulting from air-or
heated-drying of products of the first 12 hours after their removal
from any article, machine, or other contrivance described in this
section shall be included in determining compliance with this para-
graph. Emissions resulting from baking, heat-curing, or heat-poly-
merizing as described in paragraph (b) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or
wire that emit organic materials 1n the course of using operations
described in this section shall be collectively subject to compli-
ance with this section.
(d) A person shall not, after August 31, 1976, discharge into the atmos-
phere more than 3,000 pounds of organic materials in any 1 day or
more than 450 pounds in any 1 hour from any article, machine, equip-
ment or other contrivance in which any non-photochemically reactive
organic solvent or any material containing such a solvent is employ-
ed or applied, unless said discharge has been reduced by at least
85 percent. Emissions of organic materials into the atmosphere re-
sulting from air- or heated-drying of products for the first 12
hours after their removal from any article, machine, equipment, or
other contrivance described in this section shall be included in
determining compliance with this section. Emissions resulting from
baking, heat-curing, or heat-polymerizing as described in paragraph
(b) of this section shall be excluded from determination of compli-
ance with this section. Those portions of any series of articles
machines, equipment, or other contrivances designed for processing
a continuous web, strip, or wire that emit organic materials in the
course of using operations described 1n this section shall be col-
lectively subject to compliance with thise section.
(e) Emissions of organic materials to the atmosphere from the cleaning
with photochemically reactive solvent, as defined 1n paragraph (k)
of this section, of any article, machine, equipment, or other contri-
vance described in paragraphs (b), (c), or (d) of this section, shall
be included with the other emissions of organic materials for deter-
mining compliance with this rule.
(f) Emissions of organic materials into the atmosphere required to be
controlled by paragraphs (b), (c) or (d) of this section, shall be
reduced by:
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(1) Incineration, provided that 90 percent or more of the carbon
in the organic material being incinerated is oxidized to carbon
dioxide, or
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be
not less effective than the methods outlined in paragraph (f)
(1) or (2) of this section.
(g) A person Incinerating, adsorbing, or otherwise processing organic
materials pursuant to this section shall provide, properly install
and maintain in calibration, in good working order and in operation,
devices as specified in the authority to construct to permit to
operate, or as specified by the.". Administrator,for Indicating temp-
eratures, pressures, rates of flow, or other operating conditions
necessary to determine the degree and effectiveness of air pollution
control.
(h) Any person using organic solvents or any materials containing organ-
ic solvents shall supply the Administrator upon request and in the
manner and form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for each
organic solvent used.
(i) The provisions of this section shall not apply to:
(1) .The manufacture of organic solvents, or the transport or stor-
age of organic solvents or materials containing organic sol-
vents.
(2) The use of equipment for which other requirements are specified
by rules or which are exempted from air pollution control re-
quirements by applicable rules affecting the storage of petro-
leum products, effluent oil-water separators, and the transfer
of gasoline.
(3) The spraying or other employment of insecticides, pesticides,
or herbicides.
(4) The employment, application, evaporation, or drying of satur-
ated halogenated hydrocarbons or perchloroethylene.
(5) The use of any. material 1n any article, machine, equipment,
or other contrivance described in paragraphs (b), (c), (d), or
(e) of this section, if:
(i) The volatile content of such materials consists only of
water and organic solvent, and
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(ii) The organic solvents comprise not more than 20 percent
by volume of said volatile content, and
(iii) The volatile content is not photochemically reactive
as defined in paragraph (k) of this section, and
(iv) The organic solvent or any material containing solvent
does not come into contact with flame.
This last stipulation applies only for those articles, machines,
equipment, or contrivances that are constructed or modified
after the effective date of this section.
(6) The use of any material in any article, machine, equipment, or
other contrivance described in paragraphs (b), (c), (d), or
(e) of this section, if:
(i) The organic solvent content of such material does not
exceed 30 percent by volume of said material; this to
be effective until January 1, 1977. After January 1,
1977, the organic solvent content of such material
must not exceed 20 percent by volume of said material.
(ii) The volatile content is not photochemically reactive
as defined in paragraph (k) of this section, and
(iii) The organic solvent or any material containing organic
solvent does not come into contact with flame. This
last stipulation applies only for those articles,
machines, equpment or contrivances that are constructed
or modified after the effective date of this section.
(j) For the purposes of this section, organic solvents include diluents,
thinners, and reducers and are defined as organic materials that
are liquids at standard conditions and are used as dissolvers, vis-
cosity reducers, or cleaning agents, except that such materials ex-
hibiting a boiling point higher than 220° F at 0.5 millimeter mercury
absolute pressure or having an equivalent vapor pressure shall not
be considered to be solvents unless exposed to temperatures exceed-
ing 220° F.
(k) For the purpose of this section, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its
total volume composed of the chemical compounds classified below
or which exceeds any of the following individual percentage com-
position limitations, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic type
of unsaturation; 5 percent;
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(2) A combination of aromatic compounds with 8 or more carbon
atoms to the molecule except ethyl benzene, phenyl acetate,
and methyl benzoate; 8 percent;
(3) A combination of ethylbenzene, ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic sol-
vent may be classified from its chemical structure into more than
one of the above groups of organic compounds, it shall be consid-
ered as a member of the most reactive chemical group, that is,
that group having the least allowable percent of the total volume
of solvents.
(1) For the purpose of this section, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
(m) Architectural coatings and their use shall conform to the following
requirements, on or before January 1, 1975.
(1) A person shall not sell or offer for sale or use in the areas
in which this section applies, 1n containers of 1-quart capa-
city or larger, any architectural coating containing photo-
chemically reactive solvent, as defined in paragraph (k) of
this section.
(2) A person shall not employ, apply, evaporate, or dry in the
areas in which this section, applies any architectural coating
purchased in containers of 1-quart capacity or larger contain-
ing photochemically reactive solvent, as defined in paragraph
(k) of this section.
(3) A person shall not thin or dilute any architectural coating
with a photochemically reactive solvent, as defined in para-
graph (k) of this section.
(4) For the purpose of this section, an architectural coating is
defined as a coating used for residential or commercial
buildingiana tnelr appurtenances or for Industrial buildings.
(n) A person shall not during any one day dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent as defined
in paragraph (k) of this section, or of any material containing
more than 1.5 gallons of any such photochemically reactive solvent
by any means that will permit the evaporation of such solvent into
the atmosphere.
(o) Compliance schedule.
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'(1) Except where other final compliance dates are provided in
this section, the owner or operator of any stationary source
subject to this section shall comply with this section on or
before March 31, 1974. In any event:
(i) Any owner or operator in compliance with this section
on the effective date of this section shall certify
such compliance to the Administrator no later than
120 days following the effective date of this section.
(ii) Any owner or operator who achieves compliance with
this section after the effective date of this section
shall certify such compliance to the Administrator
within 5 days of the date compliance is achieved.
(p) Any owner or operator of a stationary source subject to paragraph
(o) (1) of this section may, not later than 120 days following the
effective date of this section, submit to the Administrator for ap-
proval a proposed compliance schedule that demonstrates compliance
with the provisions in paragraph (o) (1) of this section as expe-
ditious ly as practicable but no later, than July 31, 1975. The com-
pliance schedule shall provide for increments of progress toward
compliance. The dates for achievement of such increments of pro-
gress 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 purchase of component
parts to accomplish emission control or process modification,
initiation of onsite construction or installation of emission
control equipment or process modification; completion of onsite
construction or installation of emission control equipment or
process modification and final compliance.
(q) Any owner or operator who submits a compliance schedule pursuant
to this section shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or
not the required increment of the approved compliance schedule
has been met.
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(12.0) 52.255 Gasoline transfer vapor control.
(a) "Gasoline" means any petroleum distillate having a Reid vapor pres-
sure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles, Sacra-
mento Valley, and San Joaquin Valley Intrastate Air Quality Control
Region, except for the air pollution control districts identified
below for which the control requirements of this section are limit-
ed to facilities with a total throughput less than 20,000 gallons
per day, the refilling of delivery vessels at these facilities, and
storage containers serviced by these facilities:
(i) Fresno County APCD
(ii) Kern County APCD
(iii) Merced County APCD
(iv) Sacramento County APCD
(v) San Joaquin County APCD
(vi) Santa Barbara County APCD
(vii) Southern California APCD
(viii) Stanislaus County APCD
(ix) Tulare County APCD
(x) Ventura County APCD
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than
250 gallons unless such container is equipped with a submerged fill
pipe and unless the displaced vapors from the storage container are
processed by a system that prevents release to the atmosphere of no
less than 90 percent by weight of organic compounds in said vapors
displaced form the stationary container location.
(1) The vapor recovery portion of the system shall include one or
more of the following:
(i) A vapor-tight return line from the storage container
to the delivery vessel and a system that will ensure
that the vapor return line is connected before gaso-
line can be transferred into the container.
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(ii) Refrigeration-condensation system or equivalent de-
signed to recover no less than 90 percent by weight
of the organic compounds In the displaced vapor.
(2) If a "vapor-tight vapor return" system is used to meet the re-
quirements of this section, the system shall be so constructed
as to be readily adapted to retrofit with an absorption system,
refrigeration-condensation system, or equivalent vapor removal
system, and so constructed as to anticipate compliance with
52.256.
(3) The vapor-laden delivery vessel shall be subject to the follow-
ing conditions:
(i) The delivery vessel must be so designed and maintained
as to be vapor-tight at all times.
(11) The vapor-laden delivery vessel may be refilled only
at facilities equipped with a vapor recovery system or
the equivalent, which can recover at least 90 percent
by weight of the organic compounds 1n the vapors dis-
placed from the delivery vessel during refilling.
(iii) Facilities that do not have more than 20,000 gallon
per day through-put and distribute less than 10% of
daily volume to delivery vehicles that in turn service
storage tanks that are required to have a vapor return or
balance system, will not be required to comply with the
provisions of paragraph (c) of this section before May
31, 1977. Facilities that service delivery vehicles
that in turn deliver not more than 500,000 gallons per
year to storage tanks that are required to comply with
the provisions of paragraph (c) of this section will
not be required to comply with the provisions of para-
graph (c) of this Section before January 1, 1977.
Facilities that exclusively service storage tanks that
do not have a required vapor return of balance system,
will not be required to have a vapor recovery system.
(iv) Gasoline storage compartments of 1,000 gallons or less
in gasoline delivery vehicles presently in use on the
promulgation date of this regulation will not be re-
quired to retrofitted with a vapor return system until
May 31, 1977.
(v) Storage containers served by delivery vessels filled
at distribution facilities with extended compliance
dates will not be required to comply with the provi-
sions of paragraph (c) of this section until May 31,
1977.
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(d) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Storage containers used primarily for the fueling of imple-
ments of husbandry, if such container is equipped by May 31,
1977 with a permanent submerged fill pipe, or at the time of
installation for containers installed after this date.
(2) Any storage container having a capacity of 2,000 gallons or
less and installed prior to July 1, 1975, if such container.
is equipped with a permanent submerged fill pipe by May. 31,
1977.
(3) Transfer made to storage tanks equipped with floating roofs
or their equivalent.
(4) Storage containers installed after July 1, 1975 in Kings
County.
(5) Storage containers installed after January 1, 1975 in Madera
. County.
(e) Compliance schedule:
(1) June 1, 1974 - Submit to the Administrator a final control
plan, which describes at a minimum the steps that will be
taken by the source to achieve compliance with the provisions
of paragraph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts for
emission control systems or issue orders for the purchase of
component parts to accomplish emission control.
(3) May 1, 1975 - Initiate on-site construction or installation of
emission control equipment.
(4) February 1, 1976 - Complete on-site construction or installa- .
tion of emission control equipment.
(5) July 1, 1976 - assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of progress,
whether or not the required increment of progress has been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
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of paragraph (c) of this section and which has certified such
compliance to the Administrator by June 1, 1974. The Adminis-
trator may request whatever supporting information he considers
necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Adminis-
trator, by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after March 1, 1976.
If promulgated by the Administrator, such schedule shall satis-
fy the requirements of this section for the affected source.
(g) Nothing in this section shall preclude the Administrator from pro-
mulgating a separate schedule for any source to which the applica-
tion of the compliance schedule in paragraph (e) of this section
fails to satisfy the requirements of 51.15 (b) and (c) of this chap-
ter.
(h) Any gasoline-dispensing facility subject to this section that in-
stalls a storage tank after the effedtive date of this section shall
comply with the requirements of paragraph (c) of this section by
March 1, 1976 and prior to that date shall comply with paragraph (e)
of this section as far as possible. Any facility subject to this
section that installs a storage tank after March 1, 1976, shall com-
ply with the requirements of paragraph (c) of this section at the
time of installation.
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(12.0) 52.256 Control of evaporative losses from the filling of vehicular tanks,
(a) "Gasoline" means any petroleum distillate having a Reid vapor pres-
sure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles, Sacra-
mento Valley, and San Joaquin Valley Intrastate Air Quality Control
Regions.
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made
through a fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from
either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the organic
compounds in displaced vapors are recovered; and
(3) Prevent automotive fuel tank over-fills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can con-
sist of a vapor-tight vapor return line from the fill nozzle/filler
neck interface to the dispensing tank or to an adsorption, absorp-
tion incineration, refrigeration-condensation system or its equiva-
lent.
(e) Components of the systems required by paragraph (c) of 52.255 can
be used for compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaciton of the Administrator that
it is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, loca-
tion, or other design features for a class of vehicles, the provi-
sions of this paragraph shall not apply to such vehicles. However,
in no case shall such configuration exempt any gasoline dispensing
facility from installing and using in the most effective manner a
system required by paragraph (c) of this section.
(g) Compliance schedule:
(1) January 1, 1975 - Submit to the Administrator a final control
plan, which describes at a minimum the steps that will be
taken by the source to achieve compliance with the provisions
of paragraph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts
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for emission control systems, or issue orders for the pur-
chase of component parts to accomplish emission control.
(3) May 1, 1975 - Initiate on-site construction or installation
of emission control equipment. Compliance with the require-
ments of paragraph (c) of this section shall fae as soon as
practicable, but no later than specified in paragraph (.g) (4)
and (5) of this section.
(4) May 1, 1977 - Complete on-site construction or installation
of emission control equipment or process modification.
(5) May 31, 1977 - Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph (g) shall certify to the Adminis-
trator, within 5 days after the deadline for each increment
of progress, whether or not the required increment of progress
has been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provi-
sions of paragraph (c) of this section and which has certi-
fied such compliance to the Administrator by January 1, 1975.
The Administrator may request whatever supporting information
he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administra-
tor, by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after May 31, 1977.
If promulgated by the Administrator, such schedule shall satis-
fy the requirements of this section for the affected source.
(i) Nothing in this section shall preclude the Administrator from pro-
mulgating a separate schedule for any source to which the applica-
tion of the compliance schedule in paragraph (g) of this section
fails to satisfy the requirements of 51.15 (b) and (c) of this
chapter.
(j) Any gasoline dispensing facility subject to this section that in-
stalls a gasoline dispensing system after the effective date of
this section shall comply with the requirements of paragraph (c)
of this section by May 31, 1977, and prior to that date shall com-
ply with paragraph (g) of this section as far as possible. Any
facility subject to this section that installs a gasoline
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dispensing system after May 31, 1977, shall comply with the re-
quirements of paragraph (c) of this section at the time of in-
stallation.
Note: The compliance dates given in paragraphs (g) (1) - (e)
were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
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(12.0) 52.257 Computer carpool matching.
(a) "Carpool matching" means assembling lists of commuters with simi-
lar daily travel patterns and providing a mechanism by which per-
sons on such lists may be put in contact with each other for the
purpose of forming carpools.
(b) This section is applicable to the Metropolitan Los Angeles, San
Francisco Bay Area, and San Diego Air Quality Control Regions;
in the Fresno, San Joaquin, Stanislaus, and Kern counties of the
San Joaquin Valley Air Quality Control Region; and in the Sacra-
mento, Placer, Yolo, and El Dorado counties of the Sacramento
Valley Intrastate Air Quality Control Region (the "Regions").
(c) The State of California shall, unless exempted by the Administrator
on the basis of a finding that equivalent service is being or will
be provided by some other public or private entity, establish on
or before January 1, 1975, a computer-aided carpool matching sys-
tem that is conveniently available to the general public and to
all employees of businesses within the Regions having more than 100
employees who operate light-duty vehicles on streets and highways
over which the State of California has ownership or control. In
the Los Angeles Region, however, the system need only, by January
1, 1975, cover employees in Los Angeles County and other cities in
the Region having populations greater than 50,000, but it must be
expanded to its full required scope by May 31, 1975.
(d) No later than July 1, 1974, the State of California shall furnish the
Administrator with separate compliance schedules (including any
necessary draft or adopted regulations) for implementing the re-
quirements of paragraph (c) of this section in each of the Regions.
The compliance schedule shall include:
(1) A method of collecting information that will include the fol-
lowing as a minimum:
(i) Provisions for each affected employee to receive an
application form with a cover letter describing the
matching program;
(1i) Provision on each application for applicant identi-
fication of time, origin, and destination, and the
applicant's desire to ride only, drive only, or share
driving;
(iii) A computer method of matching information that will
have provisions for locating each applicant's :origin
and destinations and travel schedules and enabling the
persons so matched to make contact with each other at
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the request of any one of them;
(iv) A method of providing continuing service such that the
matched lists of all applicants are retained and made
available for use by new applicants, application form*
are currently available, and the master lists are
periodically updated to remove applicants who no long-
er meet the governing criteria and add new applicants
who do.
(v) An agency or agencies responsible for operating, over-
seeing, and maintaining the computer carpool matching
system.
(e) No later than September 31, 1974, the State of California shall sub-
mit to the Administrator validly adopted regulations establishing
the program outlined in each such compliance schedule.
(f) The State of California shall, in conjunction with the employers
listed below, establish pilot programs for. each region specified to
assist it in developing the full-scale carpooling systems required
by paragraph (c) of this section:
(1) In the San Diego Region - U.S. Navy Underwater Systems Center
and the U.S. Navy Electronics Laboratory.
(2) In the San Francisco Region - U.S. Naval Base at Treasure
Island, Alameda U.S. Naval Air Station, Presidio of the U.S.
Army, and U. S. Naval Air Station at Moffet Field.
(3) In the Sacramento Valley Region - the McClellan Air Force Base,
Sacramento.
(4) In the San Joaquin Valley Region - the Internal Revenue Ser-
vice, Butler and Willow Avenues, Fresno.
(5) In the Los Angeles Region - the State shall cooperate with the
City of Los Angeles to establish a pilot program for all em-
ployees in the Los Angeles central business district.
(g) The pilot programs listed in paragraph (f) of this section shall be
implemented on the following schedule:
(1) On or before December 31, 1973, each employer or other entity
subject to obligations under paragraph (f) of this section
shall, together with the State of California, submit to the
Administrator a compliance schedule conforming to the substan-
tive requirements of paragraph (d) (1) of this section.
(2) No later than March 31, 1975, the pilot program shall begin
operation.
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(12.0) 52.258 Mass transit priority—exclusive bus use
(a) This regulation is applicable in the San Diego Intrastate Air Quality
Control Region.
(b) On or before October 30, 1974, the City of San Diego shall convert
all lanes of roadway, from Kettner Boulevard to 14th Street, in the
City of San Diego, to the exclusive use of buses.
(c) On or before March 31, 1974, the City of San Diego shall submit to
the Administrator a detailed compliance schedule showing the steps
it will take to convert Broadway to the exclusive use of buses. The
compliance schedule shall specify measures to prevent the use of
Broadway by non-buses and shall provide for the establishment of a
synchronized signal system to maintain traffic speed.
(d) No later than June 1, 1975, the City of San Diego shall submit to
the Administrator a detailed compliance schedule in the form spec-
ified in paragraph (c:) of this section for the conversion to the
exclusive use of buses of a significant additional number of miles
of street (based on studies available to the Administrator) unless
other measures deemed equivalent by the Administrator are submitted.
No later than January 31, 1976, the City of San Diego shall put the
program so outlined Into effect.
(e) On or before October 30, 1974, the State of California shall begin
to provide preferential traffic treatment for buses operating be-
tween the eastern terminus of the Broadway exclusive bus route es-
tablished under paragraph (c). of this section and the entrances to
State Highway 163.
(f) On or before March 31, 1974, the State of California shall submit to
the Administrator a detailed compliance schedule showing the steps
it will take to establish the required system of preferential treat-
ment. This schedule may provide for the conversion of selected
streets to the exclusive use of such buses, for the establishment of
bus lanes, for metering of all other traffic using streets set aside
for priority use by buses, or for any other such system acceptable
to the Administrator.
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(12.0) 52.259 Ramp metering and preferential bus/carpool lanes.
(a) "Carpool" means a vehicle containing three or more persons.
(b) This regulation is applicable in the San Diego Intrastate Air
Quality Control Region.
i
(c) On or before June 30, 1974, the State of California shall insti-
tute a program to grant preferential treatment to buses and car-
pools using the following sections of road:
(1) California State Highway 125 from Interstate 8 to the
junction with California State Highway 94; and
(2) California State Highway from the junction with California
State Highway 125 to the junction with Interstate Freeway 5.
(d) On or before December 31, 1973, the State of California shall submit
to the Administrator a detailed compliance schedule detailing the
steps it will take to establish the preferential treatment system.
The program shall include:
(1) A system of ramp metering designed to prevent the entrance of
vehicles other than buses and carpools onto the designated
road segments at any time when their entrance would have the
effect of reducing the average speed at which buses and car-
pools travel. Such metering shall be established on each
access ramp serving the designated highway segments provided
that any given ramp may be exempted from this requirement if
the State of California makes a showing satisfactory to the
Administrator that the effect on average bus and carpool speed
of installing such metering would be insubstantial.
(2) A system of bypass lanes designed to allow buses and carpools
to avoid congestion or restrictions caused by the metering
system described in paragraph (d)(l) of this section.
(e) No later than September 30, 1975, the State of California shall im-
plement a further system of preferential treatment for buses and
carpools. Unless other measures deemed equivalent by the Adminis-
trator are submitted, this program shall at a minimum provide for
the significant expansion based on studies to be designated by the
Administrator of both the bus/carpool lane and the ramp metering
systems.
(f) No later than March 30, 1975, the State of California shall submit
to the Administrator a detailed compliance schedule showing the
steps it will take to establish the preferential treatment system
required under paragraph (e) of this section.
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52.260 (Reserved)
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(12.0) 52.261 Preferential bus/carpool lanes, San Francisco Bay Area.
(a) Definitions:
(1) "Bus/carpool lane" means a lane on a street or highway open
only to buses (or buses and carpools), whether constructed
especially for that purpose or converted from existing lanes.
(2) "Carpool" means a vehicle containing three or more persons.
(b) This regulation is applicable in the San Francisco Bay Area Intra-
state Air Quality Control Region (the "Region").
(c) On or before May 1, 1974, the State of California, through the State
Department of Transportation or through other agencies to which le-
gal responsibility may have been delegated, shall establish upon at
least three major highways having three or more lanes running in
each direction, a system of bus/carpool lanes totalling not less
than 45 miles running each morning and evening during the hours
specified in paragraph (d) (5) of this section in the direction of
maximum traffic flow.
(d) On or before March 1, 1975, the State of California shall submit to
the Administrator a detailed compliance schedule showing the steps.
it will take to establish the system of bus/carpool lanes required
by paragraph (c) of this section, with each schedule to include the
following:
(1) Each street or highway that will have bus/carpool lanes must
be prominently identified with a schedule for the establish-
ment of the lanes.
(2) Bus/carpool lanes must be prominently indicated by overhead
signs at appropriate intervals and at each intersection of
entry ramps.
(3) Bus/carpool lanes must be prominently indicated by distinctive
painted, pylon, or physical barriers.
(4) Vehicles legally using the bus/carpool lanes shall have the
right of way when crossing other portions of the road to enter
or leave such lanes.
(5) The bus/carpool lanes required hereunder may be either con-
current flow or contraflow and, at a minimum, shall operate
from 6:30 a.m. to 9:30 a.m. and from 3:30 p.m. to 6:30 p.m.
each weekday.
(e) On or before May 31, 1975, the State of California shall implement
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a further bus/carpool lane program under which the total mileage
of bus/carpool lanes required by paragraph (c) of this section
shall, at a minimum, be doubled. On or before December 31, 1975,
the State of California shall submit to the Administrator a de-
tailed compliance schedule in the form specified by paragraph (d)
of this section, indicating the measures it will take to establish
this further program.
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(12.0) 52.262 Submittal of studies - San Francisco Bay Area.
(a) The State of California shall submit to the Administrator by Decem-
ber 31, 1973, a status report on all "corridor issues" presented in
The San Francisco Metropolitan Transportation Commission Report of
June 27, 1973. This status report shall include, but not necessari-
ly be limited to:
(1) A complete description of the particular corridor issue study.
(2) The date of completion of the study.
(3) The total person-hours necessary for the study.
(4) The relevance of the study to automotive emission reductions.
(5) The status of the study as of December 31, 1973.
(6) The Administrator will evaluate this status report and deter-
mine if greater Federal participation is required for either
resolution of the study conclusions or implementation of the
study's recommendations.
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(12.0) 52.263 Priority treatment for buses and carpools - Los Angeles Region.
(a) Definitions:
(1) "Carpool" means a vehicle containing three or more persons.
(2) "Bus/carpool lane" means a lane on a street or highway open
only to buses (or to buses and carpools), whether constructed
especially for that purpose or converted from existing lanes.
(3) "Preferential treatment" for any class of vehicles, means
either the setting aside of one traffic lane for the exclu-
sive use of such vehicles or other measures (for example,
access metering or setting aside the entire street), which
the Administrator finds would be at least equal in VMT reduc-
tion effect to the establishment of such a lane.
(b) This regulation is applicable In the Metropolitan Los Angeles Intra-
state Air Quality Control Region (the "Region").
(c) On or before May 31, 1974, the State of California, through the
State Deparment of Transportation or through ohter agencies to
which legal authority has been delegated, shall establish the fol-
lowing system of bus/carpool lanes.
(1) Ventura/Hollywood Corridor - a concurrent flow exclusive bus/
carpool lane from Tdpanga Canyon Boulevard, Woodland Hills
(U.S. 101) to junction of the Hollywood Freeway, and contra-
flow on the Hollywood Freeway (U.S. 101) from the junction with
Ventura Freeway in North Hollywood to Vermont Avenue, and
bus preferential treatment on arterial surface streets from
Vermont Avenue to the Los Angeles central business district
(CBD).
(2) Harbor Freeway Corridor - contraflow on Harbor Freeway (Cali-
fornia 11) from vicinity of Pacific Coast Highway, in Wilming-
ton, to junction of Santa Monica Freeway (1-10), then by sur-
face street preferential treatment to LA/CBD.
(3) Wilshire Corridor - surface street preferential bus treatment
from vicinity of San Vincente Boulevard, to LA/CBD.
(4) San Bernardino Freeway Corridor - Bus/carpool lane, either con-
traflow or concurrent flow on San Bernardino Freeway from El
Monte terminus of existing San Bernardino Freeway bus lane
(1-10), to vicinity of Ontario Airport.
(5) Priority Treatment in CBD - provide preferential treatment in
CBD on surface streets to connect Wilshire and San Bernardino
corridors.
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(d) On or before May 31, 1976, the State of California, through the
State Department of Transportation or other agencies to which
legal authority has been delegated, shall establish the following
system of bus and bus/carpool lanes:
(1) Contraflow lane on the Golden State Freeway (1-5) from junc-
tion of Ventura Freeway (California 134) in Los Angeles to
San Bernardino Freeway (1-10).
(2) Contraflow on Pasadena Freeway (California 11) from terminus
in City of Pasadena to Hollywood Freeway (U.S. 101).
(3) Contraflow on Pomona Freeway from San Gabriel Freeway (1-605)
to Santa Ana Freeway (1-5).
(4) Concurrent flow in San Diego Freeway (1-405) from Ventura
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (Cali-
fornia 55), Costa Mesa.
(5) Concurrent flow on Long Beach FreewajMCalifornia 7) from
Santa Ana Freeway (1-5), City"of "Commerce" to" San Diego Free-
way (1-405), Long Beach.
(6) Artesia Freeway (California 91) from Santa Ana Freeway (1-5)
to Long Beach Freeway (California 7), Long Beach.
(e) Stage III will include specific routes in other portions of the
Region.
(f) On or before December 31, 1973_, the State of California shall submit
to the Administrator a compliance" scTi'e'dule showing the steps it will
take to establish the system of bus/carpool lanes required by para-
graphs (c) and (d) of this section, with each schedule to include
the following:
(1) A schedule for the establishment of the lanes. The schedule
for the lanes required by paragraph (d) of this section shall
provide for the first such lane to be set aside no later than
June 1, 1974.
(2) Bus/carpool1 lanes must b§°prominently indicated by overhead
signs at appropriate intervals and at each intersection of
entry ramps.
(3) Bus/carpool lanes must be prominently indicated by distinctive
painted, pylon, or physical barriers.
(4) Vehicles using a bus/carpool lane shall have the right of way
when crossing other portions of the road to enter or leave such
lanes.
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(5) At a minimum, the bus/carpool lanes so set aside shall operate
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6;30 a.m. each
weekday.
(g) No deviation from the system of bus/carpool lanes required under
paragraph (c) and (d) of this section shall be permitted except
upon application made by the State of California to the Adminis-
trator at the time of submittal of compliance schedules and ap-
proved by him, which application must contain a satisfactory de-
signation of alternate routes for the establishment of such lanes.
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(12.0) 52.264 Mass transit priority strategy and planning.
(a) In this section and 52.265, "Mass transit priority" means any pre-
ferential treatment that is given to mass transit operations and
carpool versus the private single passenger automobile, in terms
of access, rights-of-way, or any other appropriate measures.
(b) This section Is applicable in the four county area of El Dorado,
Placer, Sacramento, and Yolo contained in the Sacramento Valley
Intrastate Air Quality Control Region.
(c) A study to determine the method or methods suitable for providing
mass transit bus operation priority treatment on or in the vicinity
of "J" Street in the City of Sacramento, shall be conducted by the
State of California or a designated local or regional transportation
authority. In addition to or as an adjunct to, the"J" Street study,
the State of California or a designated local or regional transporta-
tion, authority, shall investigate the present and near-term
future (i.e. 1975 to 1977) need for priority treatment of mass
transit buses in freeway and major thoroughfare operations in the
four county area.
(1) The "J" Street portion of this study shall be completed and
submitted to the Administrator by March 31, 1974, shall out-
line a suitable transit priority strategy and shall present in
detail the implementation timetables and obstacles associated
with the strategy, so that the Administrator can review imple-
mentation progress. No later than September 30, 1975, the "J"
Street mass transit priority strategy must be implemented.
(2) The "freeway and major thoroughfare" portion of the study shall
be completed by March 31, 1974. Estimated implementation time-
tables and obstacles associated with likely strategies shall
be outlined so that the Administrator can review and determine
the need and progress of implementation.
(3) With regard to both the "J" Street and the "freeway and major
thoroughfare" sections of the study, general guidelines and
criteria shall be established for determining the need for or
appropriateness of providing mass transit priority in freeway,
major thoroughfare, and local street operations, and a system
of review for determining the need for implementing mass transit
priority strategies shall be presented.
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(12.0) 52.265 Mass transit and transit priority planning.
(a) This section is applicable in the Standard Metropolitan Statistical
Areas (SMSA's) of the cities of Fresno, Stockton, Bakersfield, and
Modesto in the San Joaquin Valley Intrastate Air Quality Control
Region.
(b) A study being sponsored by the State of California Department of
Transportation is presently in progress and is scheduled for com-
pletion in January of 1974. This study will indicate the potential
for public transit usage 1n the Fresno City Area. Using this study
and other appropriate Information as a guide, the State of Califor-
nia or a designated local or regional transportation authority,
shall, by May 31, 1974, submit to the Administrator recommended mass
transit strategies, including mass transit priority strategies, that
are potentailly useful and feasible 1n the time frame of the present
to 1975 and 1977. The recommendation shall present in detail the
implementation milestone timetables and the obstacles associated with
the strategies so that the Administrator can review and determine the
need for and progress of implementation.
(c) Studies shall be conducted in the Stockton, Bakersfield, and
Modestor SMSA's by the State of California or by designated local or
tranportation authorities. These studies shall be completed and
submitted to the Administrator by September 30, 1974, and shall re-
commend mass transit strategies, including mass transit priority
strategies, that are potentially useful and feasible 1n the time
frame of the present to 1975 and 1977. The recommendation shall pre-
sent in detail the implementation timetables and obstacles associ-
ated with the strategies, so that the Administrator can review all
available information and determine the need for and progress of
implementation.
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(12.0) 52.266 Monitoring transportation jnode trends.
(a) This section is applicable to the San Francisco Bay Area, Los
Angeles, San Diego, SanJoaquin Valley, and Sacramento Intrastate
Air Quality Control Regions.
(b) The State of California or a designated agency approved by the Ad-
ministrator shall monitor the actual per vehicle emissions reduc-
tions occurring as a result of the retrofit devices and inspection
and maintenance programs required under 52.242, 52.244, and 52.245,
and the observed changes in vehicle miles traveled and average
vehicle speeds as a result of traffic flow changes and reductions
in vehicle use required under 52.241 (if implemented), 52.243, (if
implemented), 52.248, 52.249, 25.250, 52.251, 52.257, 52.258,
52.259, 52.261, 52.263, 52.264, and 52.265.
(c) No later than March 1, 1975, the State shall submit to the Adminis-
trator a detailed program demonstrating compliance with paragraph
(b) of this section and in accordance with 51.19(d) of this chap-
ter. The program description shall include the following.
(1) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(2) The administrative process to be used.
(3) A description of the methods to be used to collect the emission
reduction/VMT reduction/vehicle speed data, including a descrip^
tion of any modeling techniques to be employed.
(4) The funding requirements, including a signed statement from the
Governor or State Treasurer or their respective designees iden-
tifying the source and amount of funds for the program.
(d) All data obtained by the monitoring program shall be included in the
quarterly report submitted to the Administrator by the State, as
required by 51.7 of this chapter, in the format prescribed in Ap-
pendix M to Part 51 of this chapter. The first quarterly report
shall cover the period January 1 - March 31, 1975.
(38 FR 31255, Nov. 12, 1973)
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(17.0) 52.270 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an Identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence Into the applicable implementation plans for various
States, as provided 1n Subparts B through ODD of this part. Where
this paragraph 1s so Incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located 1n such State. The provisions of this
paragraph do not apply 1n those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (1) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following Increases In
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Parti cul ate matter:
Annual geometric mean
24-hr maximum
Sulfur dioxide:
Annual arithmetic mean
24-hr maximum
5
10
2
5
25
10
30
15
100
700
(11) For purposes of this paragraph, areas designated as Class
III shall be limited to" concent rations' of "parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(111) The air quality Impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures 1n the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality Increments specified
1n paragraph (c) (2) (1) of this section.
(3) (1) All areas are designated Class II as of the effective
date of this paragraph. Redes1gnat1on may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(11) The State may submit to the Administrator a proposal to
redesIgnate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing 1s held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redeslgnation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignat1on 1s available for public Inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redes1gnat1on Is based on the record of
the State's hearing, which must reflect the basis
for the proposed redes1gnation, Including consider-
ation of (1) growth anticipated 1n the area, (2)
the social, environmental, and economic effects of
such redeslgnation upon the area being proposed for
redeslgnation and upon other areas and States, and
(3) any impacts of such proposed redeslgnation upon
regional or national interests.
(e) The redeslgnation 1s proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redeslgnation.
(111) Except as provided in paragraph (c) (3) (1v) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (11) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redeslgnation 1s proposed after consultation
with the Federal Land Manager.
(1v) Notwithstanding subdivision (ill) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesIgnate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and.
(b) Such redeslgnation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is Intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor 1s it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation 1s proposed after consultation
with the State(s) 1n which the Indian Reservation
1s located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(11) and (111) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (11) and (111) of this
subparagraph have not been compiled with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (11) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(1v) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (1v) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth 1n subparagraph (3) (11) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth 1n subparagraph (3) (11) (d) of this
paragraph.
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(d) Any redesIgnatlon proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesIgnatlon protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only 1f he determines
that 1n his Judgment the redes1gnat1on appropriately
balances considerations of growth anticipated In the
area proposed to be redeslgnated; the social, envi-
ronmental and economic effects of such redesIgnatlon
upon the area being redeslgnated and upon other areas
and States; and any Impacts upon regional or nation-
al Interests.
(f) The requirements of paragraph (c) (3) (v1) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redes1gnat1on,
shall Include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action 1n cases where the State does not
have adequate legal authority to Initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vl) (a) (3) 1f the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(v11) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been Incorporated by refer-
ence Into the applicable Implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph.1s so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type Iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which 1s modified, but does not Increase the amount of
sulfur oxides or parti oilate matter emitted, or 1s modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(1) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat Input.
(11) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Z1nc Smelters.
(v1) Iron and Steel Mills.
(v11) Primary Aluminum Ore Reduction Plants.
(vi11) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) SulfuHc Acid Plants.
(xi) Petroleum Refineries.
(xii) L1me Plants.
(xi11) Phosphate Rock Processing Plants.
(x1v) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xv1) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(1) The effect on air quality concentration of the source or
modified source* 1n conjunction with the effects of growth
and reduction 1n emissions after January 1, 1975, of other
sources 1n the area affected by the proposed source, will
not violate the air quality Increments applicable in the
area where the source will be located nor the air quality
Increments applicable 1n any other areas, the analysis of
emissions growth and reduction after January 1, 1975, of
other sources 1n the areas affected by the proposed source
shall Include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction 1n
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, Industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(11) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined 1n 52.01 (f),
for participate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the Imposition
of an emission standard infeasible, he may Instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by Implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(111) With respect to modified sources, the requirements of sub-
paragraph (2) (11) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are Increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; Information necessary to de-
termine the Impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other Information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (1) Where a new or modified source Is located on Federal
Lands, such source shall be subject to the procedures
set forth In paragraphs (d) and (e) of this section.
Such procedures shall be In addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(11) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(111) Whenever any new or modified source Is subject to action
by a Federal Agency which might necessitate preparation
of an environmental Impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (1) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency 1n the Information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (11) of this section shall be the date on
which all required Information is received by the Admin-
istrator.
(1i) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement 1n
newspaper of general circulation 1n each region In
which the proposed source would be constructed, of
the opportunity for written public comment on the In-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
pro vabi 11 ty of the source.
(111) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(1v) Public comments submitted In writing within 30 days after
the date such information 1s made available shall be con-
sidered by the Administrator 1n making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'Inspection in at least one
location 1n the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant 1n
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public Inspection 1n at least one
location in the region 1n which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (1v), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 1s justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(11) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for Implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for Implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, 1n which case the Admin-
istrator may delegate his authority to the States 1n accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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