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(continued)
(c) The requirements of subpart G and §51.281 of this chapter are not met since the plan does not provide any enforceable regulations and a demonstration that such regulations will cause the attainment and maintenance of national ambient air quality standards in Graham and Greenlee Counties.
(d) Section 3, regulation 4 (Ground Level Concentrations) of the Mohave County Air Pollution Control Regulations, paragraph E of regulation 8–1–1.3 (Air Pollution Prohibited) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7–1–1.3 (Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of hisoperation. These regulations could allow violations of ambient air quality standards to occur in areas to which the general public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, these regulations are disapproved.
(e) Rule R18–2–702 of the Arizona Department of Environmental Quality Rules and Regulations sets an opacity standard for emissions from stationary sources of PM–10. The standard does not fulfill the RACM/RACT requirements of section 189(a) of the CAA. The rule also does not comply with enforceability requirements of section 110(a) and SIP relaxation requirements of sections 110(l) and 193. Therefore, Rule R18–2–702 submitted on July 15, 1998 is disapproved.
(f) Rules 1–3–130 and 3–1–020 submitted on November 27, 1995 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are removed from the Arizona State Implementation Plan.
(g) Rules 1–2–110, 1–3–130, 3–1–020, and 4–1–010 submitted on October 7, 1998 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are disapproved.
[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]
§ 52.134 Compliance schedules.
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(a) Federal compliance schedule. (1) Except as provided in paragraph (a)(2) of this section, the owner or operator of any stationary source subject to §52.126(b) shall comply with such regulation on or before January 31, 1974. The owner or operator of the source subject to §52.125(c) shall comply with such regulation at initial start-up of such source unless a compliance schedule has been submitted pursuant to paragraph (a)(2) of this section.
(i) Any owner or operator in compliance with §52.126(b) 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 achieves compliance with §52.125(c) or §52.126(b) 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 the stationary source subject to §52.125(c) and paragraph (a)(1) of this section may, no later than July 23, 1973, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with §52.125(c) as expeditiously as practicable but not later than July 31, 1977. Any owner or operator of a stationary source subject to §52.126(b) and paragraph (a)(1) of this section may, no 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 §52.126(b) as expeditiously as practicable but not later than July 31, 1975.
(i) The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.
(ii) Any compliance schedule for the stationary source subject to §52.125(c) which extends beyond July 31, 1975, shall apply any reasonable interim measures of control designed to reduce the impact of such source on public health.
(3) 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.
[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 14, 1989]
§ 52.135 Resources.
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(a) The requirements of §51.280 of this chapter are not met because the transportation control plan does not contain a sufficient description of resources available to the State and local agencies and of additional resources needed to carry out the plan during the 5-year period following submittal.
[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
§ 52.136 Control strategy for ozone: Oxides of nitrogen.
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EPA is approving an exemption request submitted by the State of Arizona on April 13, 1994 for the Maricopa County ozone nonattainment area from the NOX RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the Phoenix area from implementing the NOX requirements for RACT, new source review (NSR), and the applicable general and transportation conformity and inspection and maintenance (I/M) requirements of the CAA. The exemption is based on Urban Airshed Modeling as lasts for only as long as the area's modeling continues to demonstrate attainment without NOX reductions from major stationary sources.
[60 FR 19515, Apr. 19, 1995]
§ 52.137 [Reserved]
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§ 52.138 Conformity procedures.
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(a) Purpose. The purpose of this regulation is to provide procedures as part of the Arizona carbon monoxide implementation plans for metropolitan transportation planning organizations (MPOs) to use when determining conformity of transportation plans, programs, and projects. Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs from approving any project, program, or plan which does not conform to an implementation plan approved or promulgated under section 110.
(b) Definitions.
(1) Applicable implementation plan or applicable plan means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 110 of the Clean Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 42 U.S.C. 7410(c).
(2) Carbon monoxide national ambient air quality standard (CO NAAQS) means the standards for carbon monoxide promulgated by the Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 CFR 50.8
(3) Cause means resulting in a violation of the CO NAAQS in an area which previously did not have ambient CO concentrations above the CO NAAQS.
(4) Contribute means resulting in measurably higher average 8-hour ambient CO concentrations over the NAAQS or an increased number of violations of the NAAQS in an area which currently experiences CO levels above the standard.
(5) Metropolitan planning organization (MPO) means the organization designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific purposes of this regulation, MPO means either the Maricopa Association of Governments or the Pima Association of Governments.
(6) Nonattainment area means for the specific purpose of this regulation either the Pima County carbon monoxide nonattainment area as described in 40 CFR 81.303 or the Maricopa County carbon monoxide nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban planning area).
(7) Transportation control measure (TCM) means any measure in an applicable implementation plan which is intended to reduce emissions from transportation sources.
(8) Transportation improvement program (TIP) means the staged multiyear program of transportation improvements including an annual (or biennial) element which is required in 23 CFR part 450.
(9) Unified planning work program or UPWP means the program required by 23 CFR 450.108(c) and endorsed by the metropolitan planning organization which describes urban transportation and transportation-related planning activities anticipated in the area during the next 1- to 2-year period including the planning work to be performed with federal planning assistance and with funds available under the Urban Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also known as overallwork programs or OWPs.
(c) Applicability. These procedures shall apply only to the Maricopa Association of Governments in its role as the designated metropolitan planning organization for Maricopa County, Arizona, and the Pima Association of Governments in its role as the designated metropolitan planning organization for Pima County, Arizona.
(d) Procedures—(1) Transportation Plans and Transportation Improvement Programs—(i) Documentation. The MPO shall prepare for each transportation plan and program (except for the unified planning work program), as part of the plan or program, a report documenting for each plan and program the following information:
(A) the disaggregated population projections and employment which were assumed in:
(1) the applicable plan, and
(2) the transportation plan/program;
(B) the levels of vehicle trips, vehicle miles traveled, and congestion that were:
(1) assumed in the applicable plan, and
(2) expected to result from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program;
(C) for each major transportation control measure in the applicable implementation plan;
(1) the TCM's implementation schedule and, if determined in the applicable plan, expected effectiveness in reducing CO emissions,
(2) the TCM's current implementation status and, if feasible, its current effectiveness in reducing CO emissions, and
(3) actions in the plan/program which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;
(D) the CO emission levels resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program; and
(E) the ambient CO concentration levels, micro-scale and regional, resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan or program.
(ii) Findings. Prior to approving a transportation plan/program, the MPO shall determine if the plan/program conforms to the applicable implementation plan. In making this determination, the MPO shall make and support each of the following findings for each transportation plan and program using the information documented in paragraph (d)(1)(i) of this section:
(A) that implementation of the transportation plan/program will provide for the implementation of TCMs in the applicable plan on the schedule set forth in the applicable plan;
(B) that CO emission levels, microscale and regional, resulting from the implementation of the plan/program will not delay attainment or achievement of any interim emission reductions needed for attainment and/or interfere with maintenance of the CONAAQS throughout the nonattainment area during the period covered by the applicable plan; and
(C) that implementation of the plan/program would not cause or contribute to a violation of the CO NAAQS anywhere within the nonattainment area during the period covered by the applicable plan.
(2) Amendments to a Transportation Plan or Transportation Implementation Program. Prior to approving any amendment to a transportation plan or program, the MPO shall first determine that the amendment does not substantially change the information provided under paragraph (d)(1)(i) of this section and does not change the findings in paragraph (d)(1)(ii) of this section with respect to the original plan or program.
(3) Transportation Projects. As part of any individual transportation project approval made by the MPO, the MPO shall determine whether the project conforms to the applicable implementation plan using the following procedure:
(i) For projects from a plan and TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years or from a Plan or TIP amendment that has been found to conform under procedures in paragraph (d)(2) of this section in the past three years, the MPO shall document as part of the approval document:
(A) the TIP project number;
(B) whether the project is an exempt project as defined in paragraph (e) of this section; and
(C) whether the design and scope of the project has changed significantly from the design and scope of the project as described in the conforming TIP:
(1) If the design and scope of the project has not changed significantly, the MPO may find the project conforming; or
(2) If the design and scope of the project has changed significantly or the design and scope of the project could not be determined from the TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this section to determine if the project conforms to the applicable implementation plan.
(ii) For projects not exempted under paragraph (e) of this section and not in a plan or a TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years:
(A) Documentation. The MPO shall document as part of the approval document for each such project:
(1) the disaggregated population and employment projections, to the extent they are used in
(i) the applicable plan, and
(ii) designing and scoping the project;
(2) the levels of vehicle trips, vehicle miles traveled, and congestion that are
(i) assumed in the applicable plan, and
(ii) expected to result over the period covered by the applicable plan from the construction of the project considering any growth likely to result from the project;
(3) for each transportation control measure in the applicable plan likely to be affected by the project:
(i) its implementation schedule and expected emission reduction effectiveness from the applicable plan,
(ii) its current implementation status and, if feasible, its current effectiveness, and
(iii) any actions as part of the project which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;
(4) CO emission levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project; and
(5) ambient CO concentration levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project.
(B) Findings. Prior to approving any transportation project, the MPO shall determine if the project conforms to the applicable implementation plan. In making this determination, the MPO shall make and support the following findings for each project using the information documented in paragraph (d)(2)(ii)(A) of this section:
(1) that the project will provide for the implementation of TCMs affected by the project on the schedule set forth in the applicable plan;
(2) that CO emission levels, microscale and regional, resulting from the implementation of the project during the period covered by the applicable plan will not delay attainment or any required interim emission reductions and/or interfere with maintenance of the CO NAAQS in an area substantially affected by the project;
(3) that the project will not cause or contribute to a violation of the CO NAAQS during the period covered by the applicable plan near the project; and
(4) that the projected emissions from the project, when considered together with emissions projected for the conforming plan and program within the nonattainment area, do not cause the plan and program to exceed the emission reduction projections and schedules assigned to such plans and programs in the applicable implementation plan.
(e) Exempt Projects. An individual project is exempt from the requirements of paragraph (d) of this section if it is:
(1) located completely outside the nonattainment area;
(2) a safety project which is included in the statewide safety improvement program, will not alter the functional traffic capacity or capability of the facility being improved, and does not adversely affect the TCMs in the applicable plan;
(3) a transportation control measure from the approved applicable plan; or
(4) a mass transit project funded under the Urban Mass Transportation Act, 49 U.S.C.
[56 FR 5485, Feb. 11, 1991]
§ 52.139 [Reserved]
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§ 52.140 Monitoring transportation trends.
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(a) This section is applicable to the State of Arizona.
(b) In order to assure the effectiveness of the inspection and maintenance program and the retrofit devices required under the Arizona implementation plan, the State shall monitor the actual per-vehicle emissions reductions occurring as a result of such measures. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State in accordance with §58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976.
(c) In order to assure the effective implementation of §§52.137, 52.138, and 52.139, the State shall monitor vehicle miles traveled and average vehicle speeds for each area in which such sections are in effect and during such time periods as may be appropriate to evaluate the effectiveness of such a program. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State of Arizona in accordance with §58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table 1.
Table 1
Time period____________________
Affected area____________________
------------------------------------------------------------------------
VMT or average vehicle
speed
-----------------------
Roadway type Vehicle
Vehicle type (2)
type (1) \1\
------------------------------------------------------------------------
Freeway.........................................
Arterial........................................
Collector.......................................
Local...........................................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.
(d) No later than March 1, 1974, the State shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program.
(2) The administrative procedures to be used.
(3) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected.
(e) The quarterly reports specified in paragraphs (b) and (c) of this section shall be submitted to the Administrator through the Regional Office, and shall be due within 45 days after the end of each reporting period.
[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 FR 27571, May 10, 1979]
§ 52.141 [Reserved]
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§ 52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community.
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The Federal Implementation Plan regulating emissions from an Energy Project at the Tri-Cities landfill located on the Salt River Pima-Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 49.22.
[64 FR 65664, Nov. 23, 1999]
§ 52.143 [Reserved]
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§ 52.144 Significant deterioration of air quality.
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(a) The requirements of sections 160 through 165 of the Clean Act are not met, since the plan as it applies to stationary sources under the jurisdiction of the Pima County Health Department and the Maricopa County Department of Health Services and stationary sources locating on Indian lands does not include approvable procedures for preventing the significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Arizona for that portion applicable to the Pima County Health Department and the Maricopa County Department of Health Services and sources locating on Indian lands.
[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003]
§ 52.145 Visibility protection.
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(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring and new source review. The provisions of §§52.26, 52.27 and 52.28, are hereby incorporated and made part of the applicable plan for the State of Arizona.
(c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Arizona.
(d) This paragraph is applicable to the fossil fuel-fired, steam-generating equipment designated as Units 1, 2, and 3 at the Navajo Generating Station in the Northern Arizona Intrastate Air Quality Control Region (§81.270 of this chapter).
(1) Definitions.
Administrator means the Administrator of EPA or his/her designee.
Affected Unit(s) means the steam-generating unit(s) at the Navajo Generating Station, all of which are subject to the emission limitation in paragraph (d)(2) of this section, that has accumulated at least 365 boiler operating days since the passage of the date defined in paragraph (d)(6) of this section applicable to it.
Boiler Operating Day for each of the boiler units at the Navajo Generating Station is defined as a 24-hour calendar day (the period of time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during which coal is combusted in that unit for the entire 24 hours.
Owner or Operator means the owner, participant in, or operator of the Navajo Generating Station to which this paragraph is applicable.
Unit-Week of Maintenance means a period of 7 days during which a fossil fuel-fired steam-generating unit is under repair, and no coal is combusted in the unit.
(2) Emission limitation. No owner or operator shall discharge or cause the discharge of sulfur oxides into the atmosphere in excess of 42 ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat input.
(3) Compliance determination. Until at least one unit qualifies as an affected unit, no compliance determination is appropriate. As each unit qualifies for treatment as an affected unit, it shall be included in the compliance determination. Compliance with this emission limit shall be determined daily on a plant-wide rolling annual basis as follows:
(i) For each boiler operating day at each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator shall record the unit's hourly SO2 emissions using the data from the continuous emission monitoring systems, [required in paragraph (d)(4) of this section] and the daily electric energy generated by the unit (in megawatt-hours) as measured by the megawatt-hour meter for the unit.
(ii) Compute the average daily SO2 emission rate in ng/J (lb/MMBtu) following the procedures set out in method 19, appendix A, 40 CFR part 60 in effect on October 3, 1991.
(iii) For each boiler operating day for each affected unit, calculate the product of the daily SO2 emission rate (computed according to paragraph (d)(3)(ii) of this section) and the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for each unit.
(iv) For each affected unit, identify the previous 365 boiler operating days to be used in the compliance determination. Except as provided in paragraphs (d)(9) and (d)(10) of this section, all of the immediately preceding 365 boiler operating days will be used for compliance determinations.
(v) Sum, for all affected units, the products of the daily SO2 emission rate-electric energy generated (as calculated according to paragraph (d)(3)(iii) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section.
(vi) Sum, for all affected units, the daily electric energy generated (recorded according to paragraph (d)(3)(i) of this section) for the boiler operating days identified in paragraph (d)(3)(iv) of this section.
(vii) Calculate the weighted plant-wide annual average SO2 emission rate by dividing the sum of the products determined according to paragraph (d)(3)(v) of this section by the sum of the electric energy generated determined according to paragraph (d)(3)(vi) of this section.
(viii) The weighted plant-wide annual average SO2 emission rate shall be used to determine compliance with the emission limitation in paragraph (d)(2) of this section.
(4) Continuous emission monitoring. The owner or operator shall install, maintain, and operate continuous emission monitoring systems to determine compliance with the emission limitation in paragraph (d)(2) of this section as calculated in paragraph (d)(3) of this section. This equipment shall meet the specifications in appendix B of 40 CFR part 60 in effect on October 3, 1991. The owner or operator shall comply with the quality assurance procedures for continuous emission monitoring systems found in appendix F of 40 CFR part 60 in effect on October 3, 1991.
(5) Reporting requirements. For each steam generating unit subject to the emission limitation in paragraph (d)(2) of this section, the owner or operator:
(i) Shall furnish the Administrator written notification of the SO2, oxygen, and carbon dioxide emissions according to the procedures found in 40 CFR §60.7 in effect on October 3, 1991.
(ii) Shall furnish the Administrator written notification of the daily electric energy generated in megawatt-hours.
(iii) Shall maintain records according to the procedures in 40 CFR 60.7 in effect on October 3, 1991.
(iv) Shall notify the Administrator by telephone or in writing within one business day of any outage of the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section and shall submit a follow-up written report within 30 days of the repairs stating how the repairs were accomplished and justifying the amount of time taken for the repairs.
(6) Compliance dates. The requirements of this paragraph shall be applicable to one unit at the Navajo Generating Station beginning November 19, 1997, to two units beginning November 19, 1998, and to all units beginning on August 19, 1999.
(7) Schedule of compliance. The owner or operator shall take the following actions by the dates specified:
(i) By June 1, 1992, award binding contracts to an architectural and engineering firm to design and procure the control system needed for compliance with the emission limitation in paragraph (d)(2) of this section.
(ii) By January 1, 1995, initiate on-site construction or installation of a control system for the first unit.
(iii) By May 1, 1997, initiate start-up testing of the control system for the first unit.
(iv) By May 1, 1998, initiate start-up testing of the control system for the second unit.
(v) By February 1, 1999, initiate start-up testing of the control system for the third unit.
The interim deadlines will be extended if the owner or operators can demonstrate to the Administrator that compliance with the deadlines in paragraph (d)(6) of this section will not be affected.
(8) Reporting on compliance schedule. Within 30 days after the specified date for each deadline in the schedule of compliance (paragraph (d)(7) of this section, the owner or operator shall notify the Administrator in writing whether the deadline was met. If it was not met the notice shall include an explanation why it was not met and the steps which shall be taken to ensure future deadlines will be met.
(9) Exclusion for equipment failure during initial operation. For each unit, in determining compliance for the first year that such unit is required to meet the emission limitation in paragraph (d)(2) of this section, periods during which one of the following conditions are met shall be excluded:
(i) Equipment or systems do not meet designer's or manufacturer's performance expectations.
(ii) Field installation including engineering or construction precludes equipment or systems from performing as designed.
The periods to be excluded shall be determined by the Administrator based on the periodic reports of compliance with the emission limitation in paragraph (d)(2) of this section which shall identify the times proposed for exclusion and provide the reasons for the exclusion, including the reasons for the control system outage. The report also shall describe the actions taken to avoid the outage, to minimize its duration, and to reduce SO2 emissions at the plant to the extent practicable while the control system was not fully operational. Whenever the time to be excluded exceeds a cumulative total of 30 days for any control system for any affected unit, the owner or operators shall submit a report within 15 days addressing the history of and prognosis for the performance of the control system.
(10) Exclusion for catastrophic failure. In addition to the exclusion of periods allowed in paragraph (d)(9) of this section, any periods of emissions from an affected unit for which the Administrator finds that the control equipment or system for such unit is out of service because of catastrophic failure of the control system which occurred for reasons beyond the control of the owner or operators and could not have been prevented by good engineering practices will be excluded from the compliance determination. Events which are the consequence of lack of appropriate maintenance or of intentional or negligent conduct or omissions of the owner or operators or the control system design, construction, or operating contractors do not constitute catastrophic failure.
(11) Equipment operation. The owner or operator shall optimally operate all equipment or systems needed to comply with the requirements of this paragraph consistent with good engineering practices to keep emissions at or below the emission limitation in paragraph (d)(2) of this section, and following outages of any control equipment or systems the control equipment or system will be returned to full operation as expeditiously as practicable.
(12) Maintenance scheduling. On March 16 of each year starting in 1993, the owner or operator shall prepare and submit to the Administrator a long-term maintenance plan for the Navajo Generating Station which accommodates the maintenance requirements for the other generating facilities on the Navajo Generating Station grid covering the period from March 16 to March 15 of the next year and showing at least 6 unit-weeks of maintenance for the Navajo Generating Station during the November 1 to March 15 period, except as provided in paragraph (d)(13) of this section. This plan shall be developed consistent with the criteria established by the Western States Coordinating Council of the North American Electric Reliability Council to ensure an adequate reserve margin of electric generating capacity. At the time that a plan is transmitted to the Administrator, the owner or operator shall notify the Administrator in writing if less than the full scheduled unit-weeks of maintenance were conducted for the period covered by the previous plan and shall furnish a written report stating how that year qualified for one of the exceptions identified in paragraph (d)(13) of this section.
(13) Exceptions for maintenance scheduling. The owner or operator shall conduct a full 6 unit-weeks of maintenance in accordance with the plan required in paragraph (d)(12) of this section unless the owner or operator can demonstrate to the satisfaction of the Administrator that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required because of the following:
(i) There is no need for 6 unit-weeks of scheduled periodic maintenance in the year covered by the plan;
(ii) The reserve margin on any electrical system served by the Navajo Generating Station would fall to an inadequate level, as defined by the criteria referred to in paragraph (d)(12) of this section.
(iii) The cost of compliance with this requirement would be excessive. The cost of compliance would be excessive when the economic savings to the owner or operator of moving maintenance out of the November 1 to March 15 period exceeds $50,000 per unit-day of maintenance moved.
(iv) A major forced outage at a unit occurs outside of the November 1 to March 15 period, and necessary periodic maintenance occurs during the period of forced outage.
If the Administrator determines that a full 6 unit-weeks of maintenance during the November 1 to March 15 period should not be required, the owner or operator shall nevertheless conduct that amount of scheduled maintenance that is not precluded by the Administrator. Generally, the owner or operator shall make best efforts to conduct as much scheduled maintenance as practicable during the November 1 to March 15 period.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996]
§ 52.146 Particulate matter (PM–10) Group II SIP commitments.
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(a) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Casa Grande, Show Low, Safford, Flagstaff and Joseph City, that contains commitments, from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM–10 Group II SIPs.
(b) The Arizona Department of Environmental Quality has committed to comply with the PM–10 Group II State Implementation Plan (SIP) requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph City as provided in the PM–10 Group II SIPs for these areas.
(c) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Ajo, that contains commitments from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM–10 Group II SIPs.
(d) The Arizona Department of Environmental Quality has committed to comply with the PM–10 Group II State Implementation Plan (SIP) requirements.
[55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990]
§ 52.150 Yavapai-Apache Reservation.
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(a) The provisions for prevention of significant deterioration of air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache Reservation, pursuant to §52.21(a).
(b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality.
[61 FR 56470, Nov. 1, 1996]
Subpart E—Arkansas
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§ 52.170 Identification of plan.
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(a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Arkansas under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to December 1, 2005, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after December 1, 2005, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations that have been approved as part of the State implementation plan as of December 1, 2005.
(3) Copies of the materials incorporated by reference may be inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, Dallas, Texas, 75202–2733; the EPA, Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
EPA-Approved Regulations in the Arkansas SIP
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State
submittal/
State citation Title/subject effective EPA approval date Explanation
date
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Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
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Chapter 1: Title, Intent and Purpose
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Section 19.101................. Title............. 01/22/99 10/16/00 (65 FR
61103).
Section 19.102................. Applicability..... 01/22/99 10/16/00 (65 FR
61103).
Section 19.103................. Intent and 01/22/99 10/16/00 (65 FR
Construction. 61103).
Section 19.104................. Severability...... 01/22/99 10/16/00 (65 FR
61103).
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Chapter 2: Definitions
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Chapter 2...................... Definitions....... 01/22/99 10/16/00 (65 FR
61103).
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Chapter 3: Protection of the NAAQS
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Section 19.301................. Purpose........... 01/22/99 10/16/00 (65 FR
61103).
Section 19.302................. Department 01/22/99 10/16/00 (65 FR
Responsibilities. 61103).
Section 19.303................. Regulated Sources 01/22/99 10/16/00 (65 FR
Responsibilities. 61103).
Section 19.304................. Delegated Federal 01/22/99 10/16/00 (65 FR
Programs. 61103).
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Chapter 4: Minor Source Review
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Section 19.401................. General 01/22/99 10/16/00 (65 FR
Applicability. 61103).
Section 19.402................. Approval Criteria. 01/22/99 10/16/00 (65 FR
61103).
Section 19.403................. Owner/Operator's 01/22/99 10/16/00 (65 FR
Responsibilities. 61103).
Section 19.404................. Required 01/22/99 10/16/00 (65 FR
Information. 61103).
Section 19.405................. Action on 01/22/99 10/16/00 (65 FR
Application. 61103).
Section 19.406................. Public 01/22/99 10/16/00 (65 FR
Participation. 61103).
Section 19.407................. Permit Amendments. 01/22/99 10/16/00 (65 FR
61103).
Section 19.408................. Exemption from 01/22/99 10/16/00 (65 FR
Permitting. 61103).
Section 19.409................. Transition........ 01/22/99 10/16/00 (65 FR
61103).
Section 19.410................. Permit Revocation 01/22/99 10/16/00 (65 FR
and Cancellation. 61103).
Section 19.411................. General Permits... 01/22/99 10/16/00 (65 FR
61103).
Section 19.412................. Dispersion 01/22/99 10/16/00 (65 FR
Modeling. 61103).
Section 19.413................. Confidentiality... 01/22/99 10/16/00 (65 FR
61103).
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Chapter 5: General Emission Limitations Applicable to Equipment
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Section 19.501................. Purpose........... 01/22/99 10/16/00 (65 FR
61103).
Section 19.502................. General 01/22/99 10/16/00 (65 FR
Regulations. 61103).
Section 19.503................. Visible Emission 01/22/99 10/16/00 (65 FR
Regulations. 61103).
Section 19.504................. Stack Height/ 01/22/99 10/16/00 (65 FR
Dispersion 61103).
Regulations.
Section 19.505................. Revised Emission 01/22/99 10/16/00 (65 FR
Limitation. 61103).
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Chapter 6: Upset and Emergency Conditions
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Section 19.601................. Upset Conditions.. 01/22/99 10/16/00 (65 FR
61103).
Section 19.602................. Emergency 01/22/99 10/16/00 (65 FR
Conditions. 61103).
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Chapter 7: Sampling, Monitoring, and Reporting Requirements
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Section 19.701................. Purpose........... 01/22/99 10/16/00 (65 FR
61103).
Section 19.702................. Air Emission 01/22/99 10/16/00 (65 FR
Sampling. 61103).
Section 19.703................. Continuous 01/22/99 10/16/00 (65 FR
Emission 61103).
Monitoring.
Section 19.704................. Notice of 01/22/99 10/16/00 (65 FR
Completion. 61103).
Section 19.705................. Recordkeeping and 01/22/99 10/16/00 (65 FR
Reporting 61103).
Requirements.
Section 19.706................. Public 01/22/99 10/16/00 (65 FR
Availability of 61103).
Emissions Data.
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Chapter 9: PSD
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Section 19.901................. Title............. 01/22/99 10/16/00 (65 FR
61103).
Section 19.902................. Purposes.......... 01/22/99 10/16/00 (65 FR
61103).
Section 19.903................. Definitions....... 01/22/99 10/16/00 (65 FR
61103).
Section 19.904................. Adoption of 01/22/99 10/16/00 (65 FR
Regulations. 61103).
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Chapter 10: Regulations for the Control of Volatile Organic Compounds
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Section 19.1001................ Title............. 01/22/99 10/16/00 (65 FR
61103).
Section 19.1002................ Purpose........... 01/22/99 10/16/00 (65 FR
61103).
Section 19.1003................ Definitions....... 01/22/99 10/16/00 (65 FR
61103).
Section 19.1004................ General Provisions 01/22/99 10/16/00 (65 FR
61103).
Section 19.1005................ Provisions for 01/22/99 10/16/00 (65 FR
Specific 61103).
Processes.
Section 19.1006................ Severability...... 01/22/99 10/16/00 (65 FR
61103).
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Chapter 11: Major Source Permitting Procedures
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Chapter 11..................... Major Source 01/22/99 10/16/00 (65 FRPermitting 61103). (continued)