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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:2.0.1.1.2.1.6.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.1 Who is responsible for actions described in this subpart? | EPA | States must inventory emission sources located on nontribal lands and report this information to EPA. | ||||
| 40:40:2.0.1.1.2.1.6.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.5 What tools are available to help prepare and report emissions data? | EPA | (a) We urge your state to use estimation procedures described in documents from the Emission Inventory Improvement Program (EIIP), available at the following Internet address: http://www.epa.gov/ttn/chief/eiip. These procedures are standardized and ranked according to relative uncertainty for each emission estimating technique. Using this guidance will enable others to use your state's data and evaluate its quality and consistency with other data. (b) Where current EIIP guidance materials have been supplanted by state-of-the-art emission estimation approaches or are not applicable to sources or source categories, states are urged to use applicable, state-of-the-art techniques for estimating emissions. | ||||
| 40:40:2.0.1.1.2.1.6.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.10 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.1.7.10 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.45 Where should my state report the data? | EPA | (a) Your state submits or reports data by providing it directly to EPA. (b) The latest information on data reporting procedures is available at the following Internet address: http://www.epa.gov/ttn/chief. You may also call our Info CHIEF help desk at (919) 541-1000 or e-mail to info.chief@epa.gov. | ||||
| 40:40:2.0.1.1.2.1.7.11 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.50 What definitions apply to this subpart? | EPA | [80 FR 8796, Feb. 19, 2015] | Aircraft engine type means a code defining a unique combination of aircraft and engine used as an input parameter for calculating emissions from aircraft. Annual emissions means actual emissions for a plant, point, or process that are measured or calculated to represent a calendar year. Control measure means a unique code for the type of control device or operational measure ( e.g., wet scrubber, flaring, process change, ban) used to reduce emissions. Emission calculation method means the code describing how the emissions for a pollutant were calculated, e.g., by stack test, continuous emissions monitor, EPA emission factor, etc. Emission factor means the ratio relating emissions of a specific pollutant to an activity throughput level. Emission operating type means the operational status of an emissions unit for the time period for which emissions are being reported, i.e., Routine, Startup, Shutdown, or Upset. Emission process identifier means a unique code for the process generating the emissions. Emission type means the type of emissions produced for onroad and nonroad sources or the mode of operation for marine vessels. Emissions year means the calendar year for which the emissions estimates are reported. Facility site identifier means the unique code for a plant or facility treated as a point source, containing one or more pollutant-emitting units. The EPA's reporting format allows for state submittals to use either the state's data system identifiers or the EPA's Emission Inventory System identifiers. Facility site name means the name of the facility. Lead (Pb) means lead as defined in 40 CFR 50.12. Emissions of Pb which occur either as elemental Pb or as a chemical compound containing Pb should be reported as the mass of the Pb atoms only. Mobile source means a motor vehicle, nonroad engine or nonroad vehicle, where: (1) A motor vehicle is any self-propelled vehicle used to carry people or property on a street or highway; (2) A nonroad engine is an internal combustion eng… | |||
| 40:40:2.0.1.1.2.1.7.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.15 What data does my state need to report to EPA? | EPA | [73 FR 76552, Dec. 17, 2008, as amended at 80 FR 8795, Feb. 19, 2015] | (a) Pollutants. Report actual emissions of the following (see § 51.50 for precise definitions as required): (1) Required pollutants for triennial reports of annual (12-month) emissions for all sources and every-year reports of annual emissions from Type A sources: (i) Sulfur dioxide (SO 2 ). (ii) Volatile organic compounds (VOC). (iii) Nitrogen oxides (NO X ). (iv) Carbon monoxide (CO). (v) Lead and lead compounds. (vi) Primary PM 2.5 . As applicable, also report filterable and condensable components. (vii) Primary PM 10 . As applicable, also report filterable and condensable components. (viii) Ammonia (NH 3 ). (2) A state may, at its option, choose to report NO X and VOC summer day emissions (or any other emissions) as required under the Ozone Implementation Rule or report CO winter work weekday emissions for CO nonattainment areas or CO attainment areas with maintenance plans to the Emission Inventory System (EIS) using the data elements described in this subpart. (3) A state may, at its option, choose to report ozone season day emissions of NO X as required under the NO X SIP Call and summer day emissions of NO X that may be required under the NO X SIP Call for controlled sources to the EIS using the data elements described in this subpart. (4) A state may, at its option, include estimates of emissions for additional pollutants (such as hazardous air pollutants) in its emission inventory reports. (b) Sources. Emissions should be reported from the following sources in all parts of the state, excluding sources located on tribal lands: (1) Point. (2) Nonpoint. States may choose to meet the requirements for some of their nonpoint sources by accepting the EPA's estimates for the sources for which the EPA makes calculations. In such instances, states are encouraged to review and update the activity values or other calculational inputs used by the EPA for these sources. (3) Onroad and Nonroad mobile. (i) Emissions for onroad and nonroad mobile sources must be reported as inputs to the lat… | |||
| 40:40:2.0.1.1.2.1.7.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.20 What are the emission thresholds that separate point and nonpoint sources? | EPA | [73 FR 76552, Dec. 17, 2008, as amended at 80 FR 8795, Feb. 19, 2015] | (a) All anthropogenic stationary sources must be included in your inventory as either point or nonpoint sources. (b) Sources that meet the definition of point source in this subpart must be reported as point sources. All pollutants specified in § 51.15(a) must be reported for point sources, not just the pollutant(s) that qualify the source as a point source. (c) If your state has lower emission reporting thresholds for point sources than paragraph (b) of this section, then you may use these in reporting your emissions to EPA. (d) All stationary source emissions that are not reported as point sources must be reported as nonpoint sources. Episodic wind-generated particulate matter (PM) emissions from sources that are not major sources may be excluded, for example dust lifted by high winds from natural or tilled soil. Emissions of nonpoint sources should be aggregated to the resolution required by the EIS as described in the current National Emission Inventory (NEI) inventory year plan posted at http://www.epa.gov/ttn/chief/eiinformation.html. In most cases, this is county level and must be separated and identified by source classification code (SCC). Nonpoint source categories or emission events reasonably estimated by the state to represent a de minimis percentage of total county and state emissions of a given pollutant may be omitted. (1) The reporting of wild and prescribed fires is encouraged but not required and should be done via only the “Events” data category. (2) Agricultural fires (also referred to as crop residue burning) must be reported to the nonpoint data category. | |||
| 40:40:2.0.1.1.2.1.7.6 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.25 What geographic area must my state's inventory cover? | EPA | Because of the regional nature of these pollutants, your state's inventory must be statewide, regardless of any area's attainment status. | ||||
| 40:40:2.0.1.1.2.1.7.7 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.30 When does my state report which emissions data to EPA? | EPA | [80 FR 8796, Feb. 19, 2015] | All states are required to report two basic types of emission inventories to the EPA: An every-year inventory; and a triennial inventory. (a) Every-year inventory. See Tables 2a and 2b of Appendix A of this subpart for the specific data elements to report every year. (1) All states are required to report every year the annual (12-month) emissions data described in § 51.15 from Type A (large) point sources, as defined in Table 1 of Appendix A of this subpart. The first every-year cycle inventory will be for the 2009 inventory year and must be submitted to the EPA within 12 months, i.e., by December 31, 2010. (2) In inventory years that fall under the triennial inventory requirements, the reporting required by the triennial inventory satisfies the every-year reporting requirements of paragraph (a) of this section. (b) Triennial inventory. See Tables 2a and 2b to Appendix A of subpart A for the specific data elements that must be reported for the triennial inventories. (1) All states are required to report for every third inventory year the annual (12-month) emissions data as described in § 51.15. The first triennial inventory will be for the 2011 inventory and must be submitted to the EPA within 12 months, i.e., by December 31, 2012. Subsequent triennial inventories (2014, 2017, etc.) will be due 12 months after the end of the inventory year, i.e., by December 31 of the following year. (2) [Reserved] | |||
| 40:40:2.0.1.1.2.1.7.8 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.35 How can my state equalize the emission inventory effort from year to year? | EPA | [80 FR 8796, Feb. 19, 2015] | (a) Compiling a triennial inventory means more effort every 3 years. As an option, your state may ease this workload spike by using the following approach: (1) Each year, collect and report data for all Type A (large) point sources (this is required for all Type A point sources). (2) Each year, collect data for one-third of your sources that are not Type A point sources. Collect data for a different third of these sources each year so that data has been collected for all of the sources that are not Type A point sources by the end of each 3-year cycle. You must save 3 years of data and then report all emissions from the sources that are not Type A point sources on the triennial inventory due date. (3) Each year, collect data for one-third of the nonpoint, nonroad mobile, and onroad mobile sources. You must save 3 years of data for each such source and then report all of these data on the triennial inventory due date. (b) For the sources described in paragraph (a) of this section, your state will have data from 3 successive years at any given time, rather than from the single year in which it is compiled. (c) If your state chooses the method of inventorying one-third of your sources that are not Type A point sources and triennial inventory nonpoint, nonroad mobile, and onroad mobile sources each year, your state must compile each year of the 3-year period identically. For example, if a process has not changed for a source category or individual plant, your state must use the same emission factors to calculate emissions for each year of the 3-year period. If your state has revised emission factors during the 3 years for a process that has not changed, you must compute previous years' data using the revised factor. If your state uses models to estimate emissions, you must make sure that the model is the same for all 3 years. | |||
| 40:40:2.0.1.1.2.1.7.9 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | A | Subpart A—Air Emissions Reporting Requirements | § 51.40 In what form and format should my state report the data to EPA? | EPA | [80 FR 8796, Feb. 19, 2015] | You must report your emission inventory data to us in electronic form. We support specific electronic data reporting formats, and you are required to report your data in a format consistent with these. The term “format” encompasses the definition of one or more specific data fields for each of the data elements listed in Tables 2a and 2b in Appendix A of this subpart; allowed code values for certain data fields; transmittal information; and data table relational structure. Because electronic reporting technology may change, contact the EPA Emission Inventory and Analysis Group (EIAG) for the latest specific formats. You can find information on the current formats at the following Internet address: http://www.epa.gov/ttn/chief/eis/2011nei/xml_data_eis.pdf. You may also call the air emissions contact in your EPA Regional Office or our Info CHIEF help desk at (919) 541-1000 or send email to info.chief@epa.gov. | |||
| 40:40:2.0.1.1.2.10.8.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | M | Subpart M—Intergovernmental Consultation | § 51.240 General plan requirements. | EPA | Each State implementation plan must identify organizations, by official title, that will participate in developing, implementing, and enforcing the plan and the responsibilities of such organizations. The plan shall include any related agreements or memoranda of understanding among the organizations. | ||||
| 40:40:2.0.1.1.2.10.8.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | M | Subpart M—Intergovernmental Consultation | § 51.241 Nonattainment areas for carbon monoxide and ozone. | EPA | [44 FR 35179, June 18, 1979, as amended at 48 FR 29302, June 24, 1983; 60 FR 33922, June 29, 1995; 61 FR 16060, Apr. 11, 1996] | (a) For each AQCR or portion of an AQCR in which the national primary standard for carbon monoxide or ozone will not be attained by July 1, 1979, the Governor (or Governors for interstate areas) shall certify, after consultation with local officials, the organization responsible for developing the revised implementation plan or portions thereof for such AQCR. (b)-(f) [Reserved] | |||
| 40:40:2.0.1.1.2.10.8.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | M | Subpart M—Intergovernmental Consultation | § 51.242 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.11.9.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | N | Subpart N—Compliance Schedules | § 51.260 Legally enforceable compliance schedules. | EPA | (a) Each plan shall contain legally enforceable compliance schedules setting forth the dates by which all stationary and mobile sources or categories of such sources must be in compliance with any applicable requirement of the plan. (b) The compliance schedules must contain increments of progress required by § 51.262 of this subpart. | ||||
| 40:40:2.0.1.1.2.11.9.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | N | Subpart N—Compliance Schedules | § 51.261 Final compliance schedules. | EPA | (a) Unless EPA grants an extension under subpart R, compliance schedules designed to provide for attainment of a primary standard must— (1) Provide for compliance with the applicable plan requirements as soon as practicable; or (2) Provide for compliance no later than the date specified for attainment of the primary standard under; (b) Unless EPA grants an extension under subpart R, compliance schedules designed to provide for attainment of a secondary standard must— (1) Provide for compliance with the applicable plan requirements in a reasonable time; or (2) Provide for compliance no later than the date specified for the attainment of the secondary standard under § 51.110(c). | ||||
| 40:40:2.0.1.1.2.11.9.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | N | Subpart N—Compliance Schedules | § 51.262 Extension beyond one year. | EPA | (a) Any compliance schedule or revision of it extending over a period of more than one year from the date of its adoption by the State agency must provide for legally enforceable increments of progress toward compliance by each affected source or category of sources. The increments of progress must include— (1) Each increment of progress specified in § 51.100(q); and (2) Additional increments of progress as may be necessary to permit close and effective supervision of progress toward timely compliance. (b) [Reserved] | ||||
| 40:40:2.0.1.1.2.12.9.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | O | Subpart O—Miscellaneous Plan Content Requirements | § 51.280 Resources. | EPA | [51 FR 40674, Nov. 7, 1986] | Each plan must include a description of the resources available to the State and local agencies at the date of submission of the plan and of any additional resources needed to carry out the plan during the 5-year period following its submission. The description must include projections of the extent to which resources will be acquired at 1-, 3-, and 5-year intervals. | |||
| 40:40:2.0.1.1.2.12.9.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | O | Subpart O—Miscellaneous Plan Content Requirements | § 51.281 Copies of rules and regulations. | EPA | [51 FR 40674, Nov. 7, 1986] | Emission limitations and other measures necessary for attainment and maintenance of any national standard, including any measures necessary to implement the requirements of subpart L must be adopted as rules and regulations enforceable by the State agency. Copies of all such rules and regulations must be submitted with the plan. Submittal of a plan setting forth proposed rules and regulations will not satisfy the requirements of this section nor will it be considered a timely submittal. | |||
| 40:40:2.0.1.1.2.12.9.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | O | Subpart O—Miscellaneous Plan Content Requirements | § 51.285 Public notification. | EPA | [44 FR 27569, May 10, 1979] | By March 1, 1980, the State shall submit a plan revision that contains provisions for: (a) Notifying the public on a regular basis of instances or areas in which any primary standard was exceeded during any portion of the preceding calendar year, (b) Advising the public of the health hazards associated with such an exceedance of a primary standard, and (c) Increasing public awareness of: (1) Measures which can be taken to prevent a primary standard from being exceeded, and (2) Ways in which the public can participate in regulatory and other efforts to improve air quality. | |||
| 40:40:2.0.1.1.2.12.9.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | O | Subpart O—Miscellaneous Plan Content Requirements | § 51.286 Electronic reporting. | EPA | [70 FR 59887, Oct. 13, 2005] | States that wish to receive electronic documents must revise the State Implementation Plan to satisfy the requirements of 40 CFR Part 3—(Electronic reporting). | |||
| 40:40:2.0.1.1.2.13.9.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.300 Purpose and applicability. | EPA | [45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35763, July 1, 1999; 82 FR 3122, Jan. 10, 2017] | (a) Purpose. The primary purposes of this subpart are to require States to develop programs to assure reasonable progress toward meeting the national goal of preventing any future, and remedying any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution; and to establish necessary additional procedures for new source permit applicants, States and Federal Land Managers to use in conducting the visibility impact analysis required for new sources under § 51.166. This subpart sets forth requirements addressing visibility impairment in its two principal forms: “reasonably attributable” impairment ( i.e. , impairment attributable to a single source/small group of sources) and regional haze ( i.e. , widespread haze from a multitude of sources which impairs visibility in every direction over a large area). (b) Applicability The provisions of this subpart are applicable to all States as defined in section 302(d) of the Clean Air Act (CAA) except Guam, Puerto Rico, American Samoa, and the Northern Mariana Islands. | |||
| 40:40:2.0.1.1.2.13.9.10 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.309 Requirements related to the Grand Canyon Visibility Transport Commission. | EPA | [64 FR 35769, July 1, 1999, as amended at 68 FR 33784, June 5, 2003; 68 FR 39846, July 3, 2003; 68 FR 61369, Oct. 28, 2003; 68 FR 71014, Dec. 22, 2003; 71 FR 60632, Oct. 13, 2006; 82 FR 3128, Jan. 10, 2017] | (a) What is the purpose of this section? This section establishes the requirements for the first regional haze implementation plan to address regional haze visibility impairment in the 16 Class I areas covered by the Grand Canyon Visibility Transport Commission Report. For the period through 2018, certain States (defined in paragraph (b) of this section as Transport Region States) may choose to implement the Commission's recommendations within the framework of the national regional haze program and applicable requirements of the Act by complying with the provisions of this section. If a Transport Region State submits an implementation plan which is approved by EPA as meeting the requirements of this section, it will be deemed to comply with the requirements for reasonable progress with respect to the 16 Class I areas for the period from approval of the plan through 2018. Any Transport Region State electing not to submit an implementation plan under this section is subject to the requirements of § 51.308 in the same manner and to the same extent as any State not included within the Transport Region. Except as provided in paragraph (g) of this section, each Transport Region State is also subject to the requirements of § 51.308 with respect to any other Federal mandatory Class I areas within the State or affected by emissions from the State. (b) Definitions. For the purposes of this section: (1) 16 Class I areas means the following mandatory Class I Federal areas on the Colorado Plateau: Grand Canyon National Park, Sycamore Canyon Wilderness, Petrified Forest National Park, Mount Baldy Wilderness, San Pedro Parks Wilderness, Mesa Verde National Park, Weminuche Wilderness, Black Canyon of the Gunnison Wilderness, West Elk Wilderness, Maroon Bells Wilderness, Flat Tops Wilderness, Arches National Park, Canyonlands National Park, Capital Reef National Park, Bryce Canyon National Park, and Zion National Park. (2) Transport Region State means one of the States that is included within the Transport Region address… | |||
| 40:40:2.0.1.1.2.13.9.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.301 Definitions. | EPA | [45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35763, 35774, July 1, 1999; 82 FR 3122, Jan. 10, 2017] | For purposes of this subpart: Adverse impact on visibility means, for purposes of section 307, visibility impairment which interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas. Agency means the U.S. Environmental Protection Agency. BART-eligible source means an existing stationary facility as defined in this section. Baseline visibility condition means the average of the five annual averages of the individual values of daily visibility for the period 2000-2004 unique to each Class I area for either the most impaired days or the clearest days. Best Available Retrofit Technology (BART) means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant which is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology. Building, structure, or facility means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant-emitting activities must… | |||
| 40:40:2.0.1.1.2.13.9.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.302 Reasonably attributable visibility impairment. | EPA | [82 FR 3123, Jan. 10, 2017] | (a) The affected Federal Land Manager may certify, at any time, that there exists reasonably attributable visibility impairment in any mandatory Class I Federal area and identify which single source or small number of sources is responsible for such impairment. The affected Federal Land Manager will provide the certification to the State in which the impairment occurs and the State(s) in which the source(s) is located. The affected Federal Land Manager shall provide the State(s) in which the source(s) is located an opportunity to consult on the basis of the planned certification, in person and at least 60 days prior to providing the certification to the State(s). (b) The State(s) in which the source(s) is located shall revise its regional haze implementation plan, in accordance with the schedule set forth in paragraph (d) of this section, to include for each source or small number of sources that the Federal Land Manager has identified in whole or in part for reasonably attributable visibility impairment as part of a certification under paragraph (a) of this section: (1) A determination, based on the factors set forth in § 51.308(f)(2), of the control measures, if any, that are necessary with respect to the source or sources in order for the plan to make reasonable progress toward natural visibility conditions in the affected Class I Federal area; (2) Emission limitations that reflect the degree of emission reduction achievable by such control measures and schedules for compliance as expeditiously as practicable; and (3) Monitoring, recordkeeping, and reporting requirements sufficient to ensure the enforceability of the emission limitations. (c) If a source that the Federal Land Manager has identified as responsible in whole or in part for reasonably attributable visibility impairment as part of a certification under paragraph (a) of this section is a BART-eligible source, and if there is not in effect as of the date of the certification a fully or conditionally approved implementation plan addressing the BA… | |||
| 40:40:2.0.1.1.2.13.9.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.303 Exemptions from control. | EPA | [45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35774, July 1, 1999; 82 FR 3123, Jan. 10, 2017] | (a)(1) Any existing stationary facility subject to the requirement under § 51.302(c) or § 51.308(e) to install, operate, and maintain BART may apply to the Administrator for an exemption from that requirement. (2) An application under this section must include all available documentation relevant to the impact of the source's emissions on visibility in any mandatory Class I Federal area and a demonstration by the existing stationary facility that it does not or will not, by itself or in combination with other sources, emit any air pollutant which may be reasonably anticipated to cause or contribute to a significant impairment of visibility in any mandatory Class I Federal area. (b) Any fossil-fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from BART only if the owner or operator of such power plant demonstrates to the satisfaction of the Administrator that such power plant is located at such a distance from all mandatory Class I Federal areas that such power plant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such mandatory Class I Federal area. (c) Application under this § 51.303 must be accompanied by a written concurrence from the State with regulatory authority over the source. (d) The existing stationary facility must give prior written notice to all affected Federal Land Managers of any application for exemption under this § 51.303. (e) The Federal Land Manager may provide an initial recommendation or comment on the disposition of such application. Such recommendation, where provided, must be part of the exemption application. This recommendation is not to be construed as the concurrence required under paragraph (h) of this section. (f) The Administrator, within 90 days of receipt of an application for exemption from control, will provide notice of receipt of an exemption application and notice… | |||
| 40:40:2.0.1.1.2.13.9.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.304 Identification of integral vistas. | EPA | [82 FR 3123, Jan. 10, 2017] | (a) Federal Land Managers were required to identify any integral vistas on or before December 31, 1985, according to criteria the Federal Land Managers developed. These criteria must have included, but were not limited to, whether the integral vista was important to the visitor's visual experience of the mandatory Class I Federal area. (b) The following integral vistas were identified by Federal Land Managers: At Roosevelt Campobello International Park, from the observation point of Roosevelt cottage and beach area, the viewing angle from 244 to 256 degrees; and at Roosevelt Campobello International Park, from the observation point of Friar's Head, the viewing angle from 154 to 194 degrees. (c) The State must list in its implementation plan any integral vista listed in paragraph (b) of this section. | |||
| 40:40:2.0.1.1.2.13.9.6 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.305 Monitoring for reasonably attributable visibility impairment. | EPA | [82 FR 3124, Jan. 10, 2017] | For the purposes of addressing reasonably attributable visibility impairment, if the Administrator, Regional Administrator, or the affected Federal Land Manager has advised a State containing a mandatory Class I Federal area of a need for monitoring to assess reasonably attributable visibility impairment at the mandatory Class I Federal area in addition to the monitoring currently being conducted to meet the requirements of § 51.308(d)(4), the State must include in the next implementation plan revision to meet the requirement of § 51.308(f) an appropriate strategy for evaluating reasonably attributable visibility impairment in the mandatory Class I Federal area by visual observation or other appropriate monitoring techniques. Such strategy must take into account current and anticipated visibility monitoring research, the availability of appropriate monitoring techniques, and such guidance as is provided by the Agency. | |||
| 40:40:2.0.1.1.2.13.9.7 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.306 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.13.9.8 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.307 New source review. | EPA | [45 FR 80089, Dec. 2, 1980, as amended at 64 FR 35765, 35774, July 1, 1999; 82 FR 3124, Jan. 10, 2017] | (a) For purposes of new source review of any new major stationary source or major modification that would be constructed in an area that is designated attainment or unclassified under section 107(d) of the CAA, the State plan must, in any review under § 51.166 with respect to visibility protection and analyses, provide for: (1) Written notification of all affected Federal Land Managers of any proposed new major stationary source or major modification that may affect visibility in any Federal Class I area. Such notification must be made in writing and include a copy of all information relevant to the permit application within 30 days of receipt of and at least 60 days prior to public hearing by the State on the application for permit to construct. Such notification must include an analysis of the anticipated impacts on visibility in any Federal Class I area, (2) Where the State requires or receives advance notification (e.g. early consultation with the source prior to submission of the application or notification of intent to monitor under § 51.166) of a permit application of a source that may affect visibility the State must notify all affected Federal Land Managers within 30 days of such advance notification, and (3) Consideration of any analysis performed by the Federal Land Manager, provided within 30 days of the notification and analysis required by paragraph (a)(1) of this section, that such proposed new major stationary source or major modification may have an adverse impact on visibility in any Federal Class I area. Where the State finds that such an analysis does not demonstrate to the satisfaction of the State that an adverse impact will result in the Federal Class I area, the State must, in the notice of public hearing, either explain its decision or give notice as to where the explanation can be obtained. (b) The plan shall also provide for the review of any new major stationary source or major modification: (1) That may have an impact on any integral vista of a mandatory Class I Federal area list… | |||
| 40:40:2.0.1.1.2.13.9.9 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | P | Subpart P—Protection of Visibility | § 51.308 Regional haze program requirements. | EPA | [64 FR 35765, July 1, 1999, as amended at 70 FR 39156, July 6, 2005; 71 FR 60631, Oct. 13, 2006; 77 FR 33656, June 7, 2012; 82 FR 3124, Jan. 10, 2017] | (a) What is the purpose of this section? This section establishes requirements for implementation plans, plan revisions, and periodic progress reviews to address regional haze. (b) When are the first implementation plans due under the regional haze program? Except as provided in § 51.309(c), each State identified in § 51.300(b) must submit, for the entire State, an implementation plan for regional haze meeting the requirements of paragraphs (d) and (e) of this section no later than December 17, 2007. (c) [Reserved] (d) What are the core requirements for the implementation plan for regional haze? The State must address regional haze in each mandatory Class I Federal area located within the State and in each mandatory Class I Federal area located outside the State which may be affected by emissions from within the State. To meet the core requirements for regional haze for these areas, the State must submit an implementation plan containing the following plan elements and supporting documentation for all required analyses: (1) Reasonable progress goals. For each mandatory Class I Federal area located within the State, the State must establish goals (expressed in deciviews) that provide for reasonable progress towards achieving natural visibility conditions. The reasonable progress goals must provide for an improvement in visibility for the most impaired days over the period of the implementation plan and ensure no degradation in visibility for the least impaired days over the same period. (i) In establishing a reasonable progress goal for any mandatory Class I Federal area within the State, the State must: (A) Consider the costs of compliance, the time necessary for compliance, the energy and non-air quality environmental impacts of compliance, and the remaining useful life of any potentially affected sources, and include a demonstration showing how these factors were taken into consideration in selecting the goal. (B) Analyze and determine the rate of progress needed to attain natural visibility cond… | |||
| 40:40:2.0.1.1.2.14.10.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.321 Annual source emissions and State action report. | EPA | [67 FR 39615, June 10, 2002] | The State agency shall report to the Administrator (through the appropriate Regional Office) information as specified in §§ 51.322 through 51.326. | |||
| 40:40:2.0.1.1.2.14.10.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.322 Sources subject to emissions reporting. | EPA | [67 FR 39615, June 10, 2002] | The requirements for reporting emissions data under the plan are in subpart A of this part 51. | |||
| 40:40:2.0.1.1.2.14.10.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.323 Reportable emissions data and information. | EPA | [67 FR 39615, June 10, 2002] | The requirements for reportable emissions data and information under the plan are in subpart A of this part 51. | |||
| 40:40:2.0.1.1.2.14.10.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.324 Progress in plan enforcement. | EPA | (a) For each point source, the State shall report any achievement made during the reporting period of any increment of progress of compliance schedules required by: (1) The applicable plan, or (2) Any enforcement order or other State action required to be submitted pursuant to § 51.327. (b) For each point source, the State shall report any enforcement action taken during the reporting period and not submitted under § 51.327 which results in civil or criminal penalties. | ||||
| 40:40:2.0.1.1.2.14.10.6 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.326 Reportable revisions. | EPA | The State shall identify and describe all substantive plan revisions during the reporting period of the applicable plan other than revisions to rules and regulations or compliance schedules submitted in accordance with § 51.6(d). Substantive revisions shall include but are not limited to changes in stack-test procedures for determining compliance with applicable regulations, modifications in the projected total manpower needs to carry out the approved plan, and all changes in responsibilities given to local agencies to carry out various portions of the plan. | ||||
| 40:40:2.0.1.1.2.14.10.7 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.327 Enforcement orders and other State actions. | EPA | [36 FR 22398, Nov. 25, 1971, as amended at 51 FR 40675, Nov. 7, 1986] | (a) Any State enforcement order, including any State court order, must be submitted to the Administrator within 60 days of its issuance or adoption by the State. (b) A State enforcement order or other State action must be submitted as a revision to the applicable implementation plan pursuant to § 51.104 and approved by the Administrator in order to be considered a revision to such plan. | |||
| 40:40:2.0.1.1.2.14.10.8 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.328 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.14.9.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Q | Subpart Q—Reports | § 51.320 Annual air quality data report. | EPA | The requirements for reporting air quality data collected for purposes of the plan are located in subpart C of part 58 of this chapter. | ||||
| 40:40:2.0.1.1.2.15.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | R | Subpart R—Extensions | § 51.341 Request for 18-month extension. | EPA | [51 FR 40675, Nov. 7, 1986] | (a) Upon request of the State made in accordance with this section, the Administrator may, whenever he determines necessary, extend, for a period not to exceed 18 months, the deadline for submitting that portion of a plan that implements a secondary standard. (b) Any such request must show that attainment of the secondary standards will require emission reductions exceeding those which can be achieved through the application of reasonably available control technology. (c) Any such request for extension of the deadline with respect to any State's portion of an interstate region must be submitted jointly with requests for such extensions from all other States within the region or must show that all such States have been notified of such request. (d) Any such request must be submitted sufficiently early to permit development of a plan prior to the deadline in the event that such request is denied. | |||
| 40:40:2.0.1.1.2.16.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.350 Applicability. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 60 FR 48034, Sept. 18, 1995; 61 FR 39036, July 25, 1996; 65 FR 45532, July 24, 2000] | Inspection/maintenance (I/M) programs are required in both ozone and carbon monoxide (CO) nonattainment areas, depending upon population and nonattainment classification or design value. (a) Nonattainment area classification and population criteria. (1) States or areas within an ozone transport region shall implement enhanced I/M programs in any metropolitan statistical area (MSA), or portion of an MSA, within the State or area with a 1990 population of 100,000 or more as defined by the Office of Management and Budget (OMB) regardless of the area's attainment classification. In the case of a multi-state MSA, enhanced I/M shall be implemented in all ozone transport region portions if the sum of these portions has a population of 100,000 or more, irrespective of the population of the portion in the individual ozone transport region State or area. (2) Apart from those areas described in paragraph (a)(1) of this section, any area classified as serious or worse ozone nonattainment, or as moderate or serious CO nonattainment with a design value greater than 12.7 ppm, and having a 1980 Bureau of Census-defined (Census-defined) urbanized area population of 200,000 or more, shall implement enhanced I/M in the 1990 Census-defined urbanized area. (3) Any area classified, as of November 5, 1992, as marginal ozone nonattainment or moderate CO nonattainment with a design value of 12.7 ppm or less shall continue operating I/M programs that were part of an approved State Implementation Plan (SIP) as of November 15, 1990, and shall update those programs as necessary to meet the basic I/M program requirements of this subpart. Any such area required by the Clean Air Act, as in effect prior to November 15, 1990, as interpreted in EPA guidance, to have an I/M program shall also implement a basic I/M program. Serious, severe and extreme ozone areas and CO areas over 12.7 ppm shall also continue operating existing I/M programs and shall upgrade such programs, as appropriate, pursuant to this subpart. (4) Any area classified as mo… | |||
| 40:40:2.0.1.1.2.16.11.10 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.359 Quality control. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 58 FR 59367, Nov. 9, 1993; 65 FR 45533, July 24, 2000] | Quality control measures shall insure that emission testing equipment is calibrated and maintained properly, and that inspection, calibration records, and control charts are accurately created, recorded and maintained (where applicable). (a) General requirements. (1) The practices described in this section and in appendix A to this subpart shall be followed for those tests (or portions of tests) which fall into the testing categories identified. Alternatives or exceptions to these procedures or frequencies may be approved by the Administrator based on a demonstration of comparable performance. (2) Preventive maintenance on all inspection equipment necessary to insure accurate and repeatable operation shall be performed on a periodic basis. (3) [Reserved] (b) Requirements for steady-state emissions testing equipment. (1) Equipment shall be maintained according to demonstrated good engineering practices to assure test accuracy. The calibration and adjustment requirements in appendix A to this subpart shall apply to all steady-state test equipment. States may adjust calibration schedules and other quality control frequencies by using statistical process control to monitor equipment performance on an ongoing basis. (2) For analyzers that use ambient air as zero air, provision shall be made to draw the air from outside the inspection bay or lane in which the analyzer is situated. (3) The analyzer housing shall be constructed to protect the analyzer bench and electrical components from ambient temperature and humidity fluctuations that exceed the range of the analyzer's design specifications. (4) Analyzers shall automatically purge the analytical system after each test. (c) Requirements for transient exhaust emission test equipment. Equipment shall be maintained according to demonstrated good engineering practices to assure test accuracy. Computer control of quality assurance checks and quality control charts shall be used whenever possible. Exceptions to the procedures and the frequency of the checks des… | |||
| 40:40:2.0.1.1.2.16.11.11 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.360 Waivers and compliance via diagnostic inspection. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 58 FR 59367, Nov. 9, 1993; 60 FR 48036, Sept. 18, 1995; 71 FR 17711, Apr. 7, 2006] | The program may allow the issuance of a waiver, which is a form of compliance with the program requirements that allows a motorist to comply without meeting the applicable test standards, as long as the prescribed criteria described below are met. (a) Waiver issuance criteria. The waiver criteria shall include the following at a minimum. (1) Waivers shall be issued only after a vehicle has failed a retest performed after all qualifying repairs have been completed. Qualifying repairs include repairs of the emission control components, listed in paragraph (a)(5) of this section, performed within 60 days of the test date. (2) Any available warranty coverage shall be used to obtain needed repairs before expenditures can be counted towards the cost limits in paragraphs (a)(5) and (a)(6) of this section. The operator of a vehicle within the statutory age and mileage coverage under section 207(b) of the Clean Air Act shall present a written denial of warranty coverage from the manufacturer or authorized dealer for this provision to be waived for approved tests applicable to the vehicle. (3) Waivers shall not be issued to vehicles for tampering-related repairs. The cost of tampering-related repairs shall not be applicable to the minimum expenditure in paragraphs (a)(5) and (a)(6) of this section. States may issue exemptions for tampering-related repairs if it can be verified that the part in question or one similar to it is no longer available for sale. (4) Repairs shall be appropriate to the cause of the test failure, and a visual check shall be made to determine if repairs were actually made if, given the nature of the repair, it can be visually confirmed. Receipts shall be submitted for review to further verify that qualifying repairs were performed. (5) General repairs shall be performed by a recognized repair technician ( i.e. , one professionally engaged in vehicle repair, employed by a going concern whose purpose is vehicle repair, or possessing nationally recognized certification for emission-related diag… | |||
| 40:40:2.0.1.1.2.16.11.12 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.361 Motorist compliance enforcement. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 49682, Sept. 23, 1996] | Compliance shall be ensured through the denial of motor vehicle registration in enhanced I/M programs unless an exception for use of an existing alternative is approved. An enhanced I/M area may use an existing alternative if it demonstrates that the alternative has been more effective than registration denial. An enforcement mechanism may be considered an “existing alternative” only in States that, for some area in the State, had an I/M program with that mechanism in operation prior to passage of the 1990 Amendments to the Act. A basic I/M area may use an alternative enforcement mechanism if it demonstrates that the alternative will be as effective as registration denial. Two other types of enforcement programs may qualify for enhanced I/M programs if demonstrated to have been more effective than enforcement of the registration requirement in the past: Sticker-based enforcement programs and computer-matching programs. States that did not adopt an I/M program for any area of the State before November 15, 1990, may not use an enforcement alternative in connection with an enhanced I/M program required to be adopted after that date. (a) Registration denial. Registration denial enforcement is defined as rejecting an application for initial registration or reregistration of a used vehicle ( i.e. , a vehicle being registered after the initial retail sale and associated registration) unless the vehicle has complied with the I/M requirement prior to granting the application. Pursuant to section 207(g)(3) of the Act, nothing in this subpart shall be construed to require that new vehicles shall receive emission testing prior to initial retail sale. In designing its enforcement program, the State shall: (1) Provide an external, readily visible means of determining vehicle compliance with the registration requirement to facilitate enforcement of the program; (2) Adopt a schedule of testing (either annual or biennial) that clearly determines when a vehicle shall comply prior to registration; (3) Design a testing certifi… | |||
| 40:40:2.0.1.1.2.16.11.13 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.362 Motorist compliance enforcement program oversight. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45534, July 24, 2000] | The enforcement program shall be audited regularly and shall follow effective program management practices, including adjustments to improve operation when necessary. (a) Quality assurance and quality control. A quality assurance program shall be implemented to insure effective overall performance of the enforcement system. Quality control procedures are required to instruct individuals in the enforcement process regarding how to properly conduct their activities. At a minimum, the quality control and quality assurance program shall include: (1) Verification of exempt vehicle status by inspecting and confirming such vehicles by the program or its delegate; (2) Facilitation of accurate critical test data and vehicle identifier collection through the use of automatic data capture systems such as bar-code scanners or optical character readers, or through redundant data entry (where applicable); (3) Maintenance of an audit trail to allow for the assessment of enforcement effectiveness; (4) Establishment of written procedures for personnel directly engaged in I/M enforcement activities; (5) Establishment of written procedures for personnel engaged in I/M document handling and processing, such as registration clerks or personnel involved in sticker dispensing and waiver processing, as well as written procedures for the auditing of their performance; (6) Follow-up validity checks on out-of-area or exemption-triggering registration changes; (7) Analysis of registration-change applications to target potential violators; (8) A determination of enforcement program effectiveness through periodic audits of test records and program compliance documentation; (9) Enforcement procedures for disciplining, retraining, or removing enforcement personnel who deviate from established requirements, or in the case of non-government entities that process registrations, for defranchising, revoking or otherwise discontinuing the activity of the entity issuing registrations; and (10) The prevention of fraudulent procurement or u… | |||
| 40:40:2.0.1.1.2.16.11.14 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.363 Quality assurance. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45534, July 24, 2000] | An ongoing quality assurance program shall be implemented to discover, correct and prevent fraud, waste, and abuse and to determine whether procedures are being followed, are adequate, whether equipment is measuring accurately, and whether other problems might exist which would impede program performance. The quality assurance and quality control procedures shall be periodically evaluated to assess their effectiveness and relevance in achieving program goals. (a) Performance audits. Performance audits shall be conducted on a regular basis to determine whether inspectors are correctly performing all tests and other required functions. Performance audits shall be of two types: overt and covert, and shall include: (1) Performance audits based upon written procedures and results shall be reported using either electronic or written forms to be retained in the inspector and station history files, with sufficient detail to support either an administrative or civil hearing; (2) Performance audits in addition to regularly programmed audits for stations employing inspectors suspected of violating regulations as a result of audits, data analysis, or consumer complaints; (3) Overt performance audits shall be performed at least twice per year for each lane or test bay and shall include: (i) A check for the observance of appropriate document security; (ii) A check to see that required record keeping practices are being followed; (iii) A check for licenses or certificates and other required display information; and (iv) Observation and written evaluation of each inspector's ability to properly perform an inspection; (4) Covert performance audits shall include: (i) Remote visual observation of inspector performance, which may include the use of aids such as binoculars or video cameras, at least once per year per inspector in high-volume stations ( i.e. , those performing more than 4000 tests per year); (ii) Site visits at least once per year per number of inspectors using covert vehicles set to fail (this requiremen… | |||
| 40:40:2.0.1.1.2.16.11.15 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.364 Enforcement against contractors, stations and inspectors. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 39037, July 25, 1996] | Enforcement against licensed stations or contractors, and inspectors shall include swift, sure, effective, and consistent penalties for violation of program requirements. (a) Imposition of penalties. A penalty schedule shall be developed that establishes minimum penalties for violations of program rules and procedures. (1) The schedule shall categorize and list violations and the minimum penalties to be imposed for first, second, and subsequent violations and for multiple violation of different requirements. In the case of contracted systems, the State may use compensation retainage in lieu of penalties. (2) Substantial penalties or retainage shall be imposed on the first offense for violations that directly affect emission reduction benefits. At a minimum, in test-and-repair programs inspector and station license suspension shall be imposed for at least 6 months whenever a vehicle is intentionally improperly passed for any required portion of the test. In test-only programs, inspectors shall be removed from inspector duty for at least 6 months (or a retainage penalty equivalent to the inspector's salary for that period shall be imposed). (3) All findings of serious violations of rules or procedural requirements shall result in mandatory fines or retainage. In the case of gross neglect, a first offense shall result in a fine or retainage of no less than $100 or 5 times the inspection fee, whichever is greater, for the contractor or the licensed station, and the inspector if involved. (4) Any finding of inspector incompetence shall result in mandatory training before inspection privileges are restored. (5) License or certificate suspension or revocation shall mean the individual is barred from direct or indirect involvement in any inspection operation during the term of the suspension or revocation. (b) Legal authority. (1) The quality assurance officer shall have the authority to temporarily suspend station and inspector licenses or certificates (after approval of a superior) immediately upon finding a… | |||
| 40:40:2.0.1.1.2.16.11.16 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.365 Data collection. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 40945, Aug. 6, 1996; 65 FR 45534, July 24, 2000] | Accurate data collection is essential to the management, evaluation, and enforcement of an I/M program. The program shall gather test data on individual vehicles, as well as quality control data on test equipment (with the exception of test procedures for which either no testing equipment is required or those test procedures relying upon a vehicle's OBD system). (a) Test data. The goal of gathering test data is to unambiguously link specific test results to a specific vehicle, I/M program registrant, test site, and inspector, and to determine whether or not the correct testing parameters were observed for the specific vehicle in question. In turn, these data can be used to distinguish complying and noncomplying vehicles as a result of analyzing the data collected and comparing it to the registration database, to screen inspection stations and inspectors for investigation as to possible irregularities, and to help establish the overall effectiveness of the program. At a minimum, the program shall collect the following with respect to each test conducted: (1) Test record number; (2) Inspection station and inspector numbers; (3) Test system number (where applicable); (4) Date of the test; (5) Emission test start time and the time final emission scores are determined; (6) Vehicle Identification Number; (7) License plate number; (8) Test certificate number; (9) Gross Vehicle Weight Rating (GVWR); (10) Vehicle model year, make, and type; (11) Number of cylinders or engine displacement; (12) Transmission type; (13) Odometer reading; (14) Category of test performed ( i.e. , initial test, first retest, or subsequent retest); (15) Fuel type of the vehicle ( i.e. , gas, diesel, or other fuel); (16) Type of vehicle preconditioning performed (if any); (17) Emission test sequence(s) used; (18) Hydrocarbon emission scores and standards for each applicable test mode; (19) Carbon monoxide emission scores and standards for each applicable test mode; (20) Carbon dioxide emission scores (CO + CO 2 ) and standa… | |||
| 40:40:2.0.1.1.2.16.11.17 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.366 Data analysis and reporting. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 40945, Aug. 6, 1996; 65 FR 45534, July 24, 2000; 66 FR 18178, Apr. 5, 2001] | Data analysis and reporting are required to allow for monitoring and evaluation of the program by program management and EPA, and shall provide information regarding the types of program activities performed and their final outcomes, including summary statistics and effectiveness evaluations of the enforcement mechanism, the quality assurance system, the quality control program, and the testing element. Initial submission of the following annual reports shall commence within 18 months of initial implementation of the program as required by § 51.373 of this subpart. The biennial report shall commence within 30 months of initial implementation of the program as required by § 51.373 of this subpart. (a) Test data report. The program shall submit to EPA by July of each year a report providing basic statistics on the testing program for January through December of the previous year, including: (1) The number of vehicles tested by model year and vehicle type; (2) By model year and vehicle type, the number and percentage of vehicles: (i) Failing initially, per test type; (ii) Failing the first retest per test type; (iii) Passing the first retest per test type; (iv) Initially failed vehicles passing the second or subsequent retest per test type; (v) Initially failed vehicles receiving a waiver; and (vi) Vehicles with no known final outcome (regardless of reason). (vii)-(x) [Reserved] (xi) Passing the on-board diagnostic check; (xii) Failing the on-board diagnostic check; (xiii) Failing the on-board diagnostic check and passing the tailpipe test (if applicable); (xiv) Failing the on-board diagnostic check and failing the tailpipe test (if applicable); (xv) Passing the on-board diagnostic check and failing the I/M gas cap evaporative system test (if applicable); (xvi) Failing the on-board diagnostic check and passing the I/M gas cap evaporative system test (if applicable); (xvii) Passing both the on-board diagnostic check and I/M gas cap evaporative system test (if applicable); (xviii) Failing both the … | |||
| 40:40:2.0.1.1.2.16.11.18 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.367 Inspector training and licensing or certification. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45534, July 24, 2000] | All inspectors shall receive formal training and be licensed or certified to perform inspections. (a) Training. (1) Inspector training shall impart knowledge of the following: (i) The air pollution problem, its causes and effects; (ii) The purpose, function, and goal of the inspection program; (iii) Inspection regulations and procedures; (iv) Technical details of the test procedures and the rationale for their design; (v) Emission control device function, configuration, and inspection; (vi) Test equipment operation, calibration, and maintenance (with the exception of test procedures which either do not require the use of special equipment or which rely upon a vehicle's OBD system); (vii) Quality control procedures and their purpose; (viii) Public relations; and (ix) Safety and health issues related to the inspection process. (2) If inspector training is not administered by the program, the responsible State agency shall monitor and evaluate the training program delivery. (3) In order to complete the training requirement, a trainee shall pass ( i.e., a minimum of 80% of correct responses or lower if an occupational analysis justifies it) a written test covering all aspects of the training. In addition, a hands-on test shall be administered in which the trainee demonstrates without assistance the ability to conduct a proper inspection and to follow other required procedures. Inability to properly conduct all test procedures shall constitute failure of the test. The program shall take appropriate steps to insure the security and integrity of the testing process. (b) Licensing and certification. (1) All inspectors shall be either licensed by the program (in the case of test-and-repair systems that do not use contracts with stations) or certified by an organization other than the employer (in test-only programs and test-and-repair programs that require station owners to enter into contracts with the State) in order to perform official inspections. (2) Completion of inspector training and passing req… | |||
| 40:40:2.0.1.1.2.16.11.19 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.368 Public information and consumer protection. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45534, July 24, 2000] | (a) Public awareness. The SIP shall include a plan for informing the public on an ongoing basis throughout the life of the I/M program of the air quality problem, the requirements of Federal and State law, the role of motor vehicles in the air quality problem, the need for and benefits of an inspection program, how to maintain a vehicle in a low-emission condition, how to find a qualified repair technician, and the requirements of the I/M program. Motorists that fail the I/M test in enhanced I/M areas shall be offered a list of repair facilities in the area and information on the results of repairs performed by repair facilities in the area, as described in § 51.369(b)(1) of this subpart. Motorists that fail the I/M test shall also be provided with information concerning the possible cause(s) for failing the particular portions of the test that were failed. (b) Consumer protection. The oversight agency shall institute procedures and mechanisms to protect the public from fraud and abuse by inspectors, mechanics, and others involved in the I/M program. This shall include a challenge mechanism by which a vehicle owner can contest the results of an inspection. It shall include mechanisms for protecting whistle blowers and following up on complaints by the public or others involved in the process. It shall include a program to assist owners in obtaining warranty covered repairs for eligible vehicles that fail a test. The SIP shall include a detailed consumer protection plan. | |||
| 40:40:2.0.1.1.2.16.11.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.351 Enhanced I/M performance standard. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 58 FR 59367, Nov. 9, 1993; 59 FR 32343, June 23, 1994; 60 FR 48035, Sept. 18, 1995; 61 FR 39036, July 25, 1996; 61 FR 40945, Aug. 6, 1996; 63 FR 24433, May 4, 1998; 65 FR 45532, July 24, 2000; 66 FR 18176, Apr. 5, 2001; 71 FR 17710, Apr. 7, 2006] | (a) [Reserved] (b) On-road testing. The performance standard shall include on-road testing (including out-of-cycle repairs in the case of confirmed failures) of at least 0.5% of the subject vehicle population, or 20,000 vehicles whichever is less, as a supplement to the periodic inspection required in paragraphs (f), (g), and (h) of this section. Specific requirements are listed in § 51.371 of this subpart. (c) On-board diagnostics (OBD). For those areas required to implement an enhanced I/M program prior to the effective date of designation and classifications under the 8-hour ozone standard, the performance standard shall include inspection of all model year 1996 and later light-duty vehicles and light-duty trucks equipped with certified on-board diagnostic systems, and repair of malfunctions or system deterioration identified by or affecting OBD systems as specified in § 51.357, and assuming a start date of 2002 for such testing. For areas required to implement enhanced I/M as a result of designation and classification under the 8-hour ozone standard, the performance standard defined in paragraph (i) of this section shall include inspection of all model year 2001 and later light-duty vehicles and light-duty trucks equipped with certified on-board diagnostic systems, and repair of malfunctions or system deterioration identified by or affecting OBD systems as specified in § 51.357, and assuming a start date of 4 years after the effective date of designation and classification under the 8-hour ozone standard. (d) Modeling requirements. Equivalency of the emission levels which will be achieved by the I/M program design in the SIP to those of the model program described in this section shall be demonstrated using the most current version of EPA's mobile source emission model, or an alternative approved by the Administrator, using EPA guidance to aid in the estimation of input parameters. States may adopt alternative approaches that meet this performance standard. States may do so through program design chang… | |||
| 40:40:2.0.1.1.2.16.11.20 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.369 Improving repair effectiveness. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45535, July 24, 2000] | Effective repairs are the key to achieving program goals and the State shall take steps to ensure the capability exists in the repair industry to repair vehicles that fail I/M tests. (a) Technical assistance. The oversight agency shall provide the repair industry with information and assistance related to vehicle inspection diagnosis and repair. (1) The agency shall regularly inform repair facilities of changes in the inspection program, training course schedules, common problems being found with particular engine families, diagnostic tips and the like. (2) The agency shall provide a hot line service to assist repair technicians with specific repair problems, answer technical questions that arise in the repair process, and answer questions related to the legal requirements of State and Federal law with regard to emission control device tampering, engine switching, or similar issues. (b) Performance monitoring. (1) In enhanced I/M program areas, the oversight agency shall monitor the performance of individual motor vehicle repair facilities, and provide to the public at the time of initial failure, a summary of the performance of local repair facilities that have repaired vehicles for retest. Performance monitoring shall include statistics on the number of vehicles submitted for a retest after repair by the repair facility, the percentage passing on first retest, the percentage requiring more than one repair/retest trip before passing, and the percentage receiving a waiver. Programs may provide motorists with alternative statistics that convey similar information on the relative ability of repair facilities in providing effective and convenient repair, in light of the age and other characteristics of vehicles presented for repair at each facility. (2) Programs shall provide feedback, including statistical and qualitative information to individual repair facilities on a regular basis (at least annually) regarding their success in repairing failed vehicles. (3) A prerequisite for a retest shall be a comple… | |||
| 40:40:2.0.1.1.2.16.11.21 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.370 Compliance with recall notices. | EPA | States shall establish methods to ensure that vehicles subject to enhanced I/M and that are included in either a “Voluntary Emissions Recall” as defined at 40 CFR 85.1902(d), or in a remedial plan determination made pursuant to section 207(c) of the Act, receive the required repairs. States shall require that owners of recalled vehicles have the necessary recall repairs completed, either in order to complete an annual or biennial inspection process or to obtain vehicle registration renewal. All recalls for which owner notification occurs after January 1, 1995 shall be included in the enhanced I/M recall requirement. (a) General requirements. (1) The State shall have an electronic means to identify recalled vehicles based on lists of VINs with unresolved recalls made available by EPA, the vehicle manufacturers, or a third party supplier approved by the Administrator. The State shall update its list of unresolved recalls on a quarterly basis at a minimum. (2) The State shall require owners or lessees of vehicles with unresolved recalls to show proof of compliance with recall notices in order to complete either the inspection or registration cycle. (3) Compliance shall be required on the next registration or inspection date, allowing a reasonable period to comply, after notification of recall was received by the State. (b) Enforcement. (1) A vehicle shall either fail inspection or be denied vehicle registration if the required recall repairs have not been completed. (2) In the case of vehicles obtaining recall repairs but remaining on the updated list provided in paragraph (a)(1) of this section, the State shall have a means of verifying completion of the required repairs; electronic records or paper receipts provided by the authorized repair facility shall be required. The vehicle inspection or registration record shall be modified to include (or be supplemented with other VIN-linked records which include) the recall campaign number(s) and the date(s) repairs were performed. Documentation verifying require… | ||||
| 40:40:2.0.1.1.2.16.11.22 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.371 On-road testing. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 65 FR 45535, July 24, 2000] | On-road testing is defined as testing of vehicles for conditions impacting the emission of HC, CO, NO X and/or CO2 emissions on any road or roadside in the nonattainment area or the I/M program area. On-road testing is required in enhanced I/M areas and is an option for basic I/M areas. (a) General requirements. (1) On-road testing is to be part of the emission testing system, but is to be a complement to testing otherwise required. (2) On-road testing is not required in every season or on every vehicle but shall evaluate the emission performance of 0.5% of the subject fleet statewide or 20,000 vehicles, whichever is less, per inspection cycle. (3) The on-road testing program shall provide information about the performance of in-use vehicles, by measuring on-road emissions through the use of remote sensing devices or by assessing vehicle emission performance through roadside pullovers including tailpipe or evaporative emission testing or a check of the onboard diagnostic (OBD) system for vehicles so equipped. The program shall collect, analyze and report on-road testing data. (4) Owners of vehicles that have previously been through the normal periodic inspection and passed the final retest and found to be high emitters shall be notified that the vehicles are required to pass an out-of-cycle follow-up inspection; notification may be by mailing in the case of remote sensing on-road testing or through immediate notification if roadside pullovers are used. (b) SIP requirements. (1) The SIP shall include a detailed description of the on-road testing program, including the types of testing, test limits and criteria, the number of vehicles (the percentage of the fleet) to be tested, the number of employees to be dedicated to the on-road testing effort, the methods for collecting, analyzing, utilizing, and reporting the results of on-road testing and, the portion of the program budget to be dedicated to on-road testing. (2) The SIP shall include the legal authority necessary to implement the on-road testing pr… | |||
| 40:40:2.0.1.1.2.16.11.23 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.372 State Implementation Plan submissions. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 60 FR 1738, Jan. 5, 1995; 60 FR 48036, Sept. 18, 1995; 61 FR 40946, Aug. 6, 1996; 61 FR 44119, Aug. 27, 1996; 71 FR 17711, Apr. 7, 2006; 80 FR 12318, Mar. 6, 2015] | (a) SIP submittals. The SIP shall address each of the elements covered in this subpart, including, but not limited to: (1) A schedule of implementation of the program including interim milestones leading to mandatory testing. The milestones shall include, at a minimum: (i) Passage of enabling statutory or other legal authority; (ii) Proposal of draft regulations and promulgation of final regulations; (iii) Issuance of final specifications and procedures; (iv) Issuance of final Request for Proposals (if applicable); (v) Licensing or certifications of stations and inspectors; (vi) The date mandatory testing will begin for each model year to be covered by the program; (vii) The date full-stringency cutpoints will take effect; (viii) All other relevant dates; (2) An analysis of emission level targets for the program using the most current EPA mobile source emission model or an alternative approved by the Administrator showing that the program meets the performance standard described in § 51.351 or § 51.352 of this subpart, as applicable; (3) A description of the geographic coverage of the program, including ZIP codes if the program is not county-wide; (4) A detailed discussion of each of the required design elements, including provisions for Federal facility compliance; (5) Legal authority requiring or allowing implementation of the I/M program and providing either broad or specific authority to perform all required elements of the program; (6) Legal authority for I/M program operation until such time as it is no longer necessary ( i.e. , until a Section 175 maintenance plan without an I/M program is approved by EPA); (7) Implementing regulations, interagency agreements, and memoranda of understanding; and (8) Evidence of adequate funding and resources to implement all aspects of the program. (b) Submittal schedule. The SIP shall be submitted to EPA according to the following schedule— (1) [Reserved] (2) A SIP revision required as a result of a change in an area's designation or classification … | |||
| 40:40:2.0.1.1.2.16.11.24 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.373 Implementation deadlines. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 58 FR 59367, Nov. 9, 1993; 61 FR 39037, July 25, 1996; 61 FR 40946, Aug. 6, 1996; 63 FR 24433, May 4, 1998; 66 FR 18178, Apr. 5, 2001; 71 FR 17711, Apr. 7, 2006] | I/M programs shall be implemented as expeditiously as practicable. (a) Decentralized basic programs shall be fully implemented by January 1, 1994, and centralized basic programs shall be fully implemented by July 1, 1994. More implementation time may be approved by the Administrator if an enhanced I/M program is implemented. (b) For areas newly required to implement basic I/M as a result of designation under the 8-hour ozone standard, the required program shall be fully implemented no later than 4 years after the effective date of designation and classification under the 8-hour ozone standard. (c) All requirements related to enhanced I/M programs shall be implemented by January 1, 1995, with the following exceptions. (1) Areas switching from an existing test-and-repair network to a test-only network may phase in the change between January of 1995 and January of 1996. Starting in January of 1995 at least 30% of the subject vehicles shall participate in the test-only system (in States with multiple I/M areas, implementation is not required in every area by January 1995 as long as statewide, 30% of the subject vehicles are involved in testing) and shall be subject to the new test procedures (including the evaporative system checks, visual inspections, and tailpipe emission tests). By January 1, 1996, all applicable vehicle model years and types shall be included in the test-only system. During the phase-in period, all requirements of this subpart shall be applied to the test-only portion of the program; existing requirements may continue to apply for the test-and-repair portion of the program until it is phased out by January 1, 1996. (2) Areas starting new test-only programs and those with existing test-only programs may also phase in the new test procedures between January 1, 1995 and January 1, 1996. Other program requirements shall be fully implemented by January 1, 1995. (d) For areas newly required to implement enhanced I/M as a result of designation under the 8-hour ozone standard, the required program … | |||
| 40:40:2.0.1.1.2.16.11.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.352 Basic I/M performance standard. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 40945, Aug. 6, 1996; 63 FR 24433, May 4, 1998; 66 FR 18177, Apr. 5, 2001; 71 FR 17711, Apr. 7, 2006] | (a) Basic I/M programs shall be designed and implemented to meet or exceed a minimum performance standard, which is expressed as emission levels achieved from highway mobile sources as a result of the program. The performance standard shall be established using the following model I/M program inputs and local characteristics, such as vehicle mix and local fuel controls. Similarly, the emission reduction benefits of the State's program design shall be estimated using the most current version of the EPA mobile source emission model, and shall meet the minimum performance standard both in operation and for SIP approval. (1) Network type. Centralized testing. (2) Start date. For areas with existing I/M programs, 1983. For areas newly subject, 1994. (3) Test frequency. Annual testing. (4) Model year coverage. Testing of 1968 and later model year vehicles. (5) Vehicle type coverage. Light duty vehicles. (6) Exhaust emission test type. Idle test. (7) Emission standards. No weaker than specified in 40 CFR part 85, subpart W. (8) Emission control device inspections. None. (9) Stringency. A 20% emission test failure rate among pre-1981 model year vehicles. (10) Waiver rate. A 0% waiver rate. (11) Compliance rate. A 100% compliance rate. (12) Evaluation date. Basic I/M programs shall be shown to obtain the same or lower emission levels as the model inputs by 1997 for ozone nonattainment areas and 1996 for CO nonattainment areas; and, for serious or worse ozone nonattainment areas, on each applicable milestone and attainment deadline, thereafter. (b) Oxides of nitrogen. Basic I/M testing in ozone nonattainment areas shall be designed such that no increase in NO X emissions occurs as a result of the program. If the Administrator finds, under section 182(b)(1)(A)(i) of the Act pertaining to reasonable further progress demonstrations or section 182(f)(1) of the Act pertaining to provisions for major stationary sources, that NO X emission reductions are not beneficial in a given ozone non… | |||
| 40:40:2.0.1.1.2.16.11.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.353 Network type and program evaluation. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 58 FR 59367, Nov. 9, 1993; 61 FR 39037, July 25, 1996; 63 FR 1368, Jan. 9, 1998; 65 FR 45532, July 24, 2000; 71 FR 17711, Apr. 7, 2006] | Basic and enhanced I/M programs can be centralized, decentralized, or a hybrid of the two at the State's discretion, but shall be demonstrated to achieve the same (or better) level of emission reduction as the applicable performance standard described in either § 51.351 or 51.352 of this subpart. For decentralized programs other than those meeting the design characteristics described in paragraph (a) of this section, the State must demonstrate that the program is achieving the level of effectiveness claimed in the plan within 12 months of the plan's final conditional approval before EPA can convert that approval to a final full approval. The adequacy of these demonstrations will be judged by the Administrator on a case-by-case basis through notice-and-comment rulemaking. (a) Presumptive equivalency. A decentralized network consisting of stations that only perform official I/M testing (which may include safety-related inspections) and in which owners and employees of those stations, or companies owning those stations, are contractually or legally barred from engaging in motor vehicle repair or service, motor vehicle parts sales, and motor vehicle sale and leasing, either directly or indirectly, and are barred from referring vehicle owners to particular providers of motor vehicle repair services (except as provided in § 51.369(b)(1) of this subpart) shall be considered presumptively equivalent to a centralized, test-only system including comparable test elements. States may allow such stations to engage in the full range of sales not covered by the above prohibition, including self-serve gasoline, pre-packaged oil, or other, non-automotive, convenience store items. At the State's discretion, such stations may also fulfill other functions typically carried out by the State such as renewal of vehicle registration and driver's licenses, or tax and fee collections. (b) [Reserved] (c) Program evaluation. Enhanced I/M programs shall include an ongoing evaluation to quantify the emission reduction benefits of the p… | |||
| 40:40:2.0.1.1.2.16.11.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.354 Adequate tools and resources. | EPA | (a) Administrative resources. The program shall maintain the administrative resources necessary to perform all of the program functions including quality assurance, data analysis and reporting, and the holding of hearings and adjudication of cases. A portion of the test fee or a separately assessed per vehicle fee shall be collected, placed in a dedicated fund and retained, to be used to finance program oversight, management, and capital expenditures. Alternatives to this approach shall be acceptable if the State can demonstrate that adequate funding of the program can be maintained in some other fashion (e.g., through contractual obligation along with demonstrated past performance). Reliance on future uncommitted annual or biennial appropriations from the State or local General Fund is not acceptable, unless doing otherwise would be a violation of the State's constitution. This section shall in no way require the establishment of a test fee if the State chooses to fund the program in some other manner. (b) Personnel. The program shall employ sufficient personnel to effectively carry out the duties related to the program, including but not limited to administrative audits, inspector audits, data analysis, program oversight, program evaluation, public education and assistance, and enforcement against stations and inspectors as well as against motorists who are out of compliance with program regulations and requirements. (c) Equipment. The program shall possess equipment necessary to achieve the objectives of the program and meet program requirements, including but not limited to a steady supply of vehicles for covert auditing, test equipment and facilities for program evaluation, and computers capable of data processing, analysis, and reporting. Equipment or equivalent services may be contractor supplied or owned by the State or local authority. (d) SIP requirements. The SIP shall include a description of the resources that will be used for program operation, and discuss how the performance standard wil… | ||||
| 40:40:2.0.1.1.2.16.11.6 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.355 Test frequency and convenience. | EPA | (a) The performance standards for I/M programs assume an annual test frequency; other schedules may be approved if the required emission targets are achieved. The SIP shall describe the test schedule in detail, including the test year selection scheme if testing is other than annual. The SIP shall include the legal authority necessary to implement and enforce the test frequency requirement and explain how the test frequency will be integrated with the enforcement process. (b) In enhanced I/M programs, test systems shall be designed in such a way as to provide convenient service to motorists required to get their vehicles tested. The SIP shall demonstrate that the network of stations providing test services is sufficient to insure short waiting times to get a test and short driving distances. Stations shall be required to adhere to regular testing hours and to test any subject vehicle presented for a test during its test period. | ||||
| 40:40:2.0.1.1.2.16.11.7 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.356 Vehicle coverage. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 66 FR 18177, Apr. 5, 2001] | The performance standard for enhanced I/M programs assumes coverage of all 1968 and later model year light duty vehicles and light duty trucks up to 8,500 pounds GVWR, and includes vehicles operating on all fuel types. The standard for basic I/M programs does not include light duty trucks. Other levels of coverage may be approved if the necessary emission reductions are achieved. Vehicles registered or required to be registered within the I/M program area boundaries and fleets primarily operated within the I/M program area boundaries and belonging to the covered model years and vehicle classes comprise the subject vehicles. (a) Subject vehicles. (1) All vehicles of a covered model year and vehicle type shall be tested according to the applicable test schedule, including leased vehicles whose registration or titling is in the name of an equity owner other than the lessee or user. (2) All subject fleet vehicles shall be inspected. Fleets may be officially inspected outside of the normal I/M program test facilities, if such alternatives are approved by the program administration, but shall be subject to the same test requirements using the same quality control standards as non-fleet vehicles. If all vehicles in a particular fleet are tested during one part of the cycle, then the quality control requirements shall be met during the time of testing only. Any vehicle available for rent in the I/M area or for use in the I/M area shall be subject. Fleet vehicles not being tested in normal I/M test facilities in enhanced I/M programs, however, shall be inspected in independent, test-only facilities, according to the requirements of § 51.353(a) of this subpart. (3) Subject vehicles which are registered in the program area but are primarily operated in another I/M area shall be tested, either in the area of primary operation, or in the area of registration. Alternate schedules may be established to permit convenient testing of these vehicles (e.g., vehicles belonging to students away at college should be rescheduled fo… | |||
| 40:40:2.0.1.1.2.16.11.8 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.357 Test procedures and standards. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 40945, Aug. 6, 1996; 63 FR 24433, May 4, 1998; 65 FR 45533, July 24, 2000; 66 FR 18178, Apr. 5, 2001] | Written test procedures and pass/fail standards shall be established and followed for each model year and vehicle type included in the program. (a) Test procedure requirements. Emission tests and functional tests shall be conducted according to good engineering practices to assure test accuracy. (1) Initial tests ( i.e. , those occurring for the first time in a test cycle) shall be performed without repair or adjustment at the inspection facility, prior to the test, except as provided in paragraph (a)(10)(i) of this section. (2) The vehicle owner or driver shall have access to the test area such that observation of the entire official inspection process on the vehicle is permitted. Such access may be limited but shall in no way prevent full observation. (3) An official test, once initiated, shall be performed in its entirety regardless of intermediate outcomes except in the case of invalid test condition, unsafe conditions, fast pass/fail algorithms, or, in the case of the on-board diagnostic (OBD) system check, unset readiness codes. (4) Tests involving measurement shall be performed with program-approved equipment that has been calibrated according to the quality procedures contained in appendix A to this subpart. (5) Vehicles shall be rejected from testing if the exhaust system is missing or leaking, or if the vehicle is in an unsafe condition for testing. Coincident with mandatory OBD-I/M testing and repair of vehicles so equipped, MY 1996 and newer vehicles shall be rejected from testing if a scan of the OBD system reveals a “not ready” code for any component of the OBD system. At a state's option it may choose alternatively to reject MY 1996-2000 vehicles only if three or more “not ready” codes are present and to reject MY 2001 and later model years only if two or more “not ready” codes are present. This provision does not release manufacturers from the obligations regarding readiness status set forth in 40 CFR 86.094-17(e)(1): “Control of Air Pollution From New Motor Vehicles and New Motor Vehicle … | |||
| 40:40:2.0.1.1.2.16.11.9 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | S | Subpart S—Inspection/Maintenance Program Requirements | § 51.358 Test equipment. | EPA | [57 FR 52987, Nov. 5, 1992, as amended at 61 FR 40945, Aug. 6, 1996; 65 FR 45533, July 24, 2000; 66 FR 18178, Apr. 5, 2001] | Computerized emission test systems are required for performing an official emissions test on subject vehicles. (a) Performance features of computerized emission test systems. The emission test equipment shall be certified by the program, and newly acquired emission test systems shall be subjected to acceptance test procedures to ensure compliance with program specifications. (1) Emission test equipment shall be capable of testing all subject vehicles and shall be updated from time to time to accommodate new technology vehicles as well as changes to the program. In the case of OBD-based testing, the equipment used to access the onboard computer shall be capable of testing all MY 1996 and newer, OBD-equipped light-duty vehicles and light-duty trucks. (2) At a minimum, emission test equipment: (i) Shall make automatic pass/fail decisions; (ii) Shall be secured from tampering and/or abuse; (iii) Shall be based upon written specifications; and (iv) Shall be capable of simultaneously sampling dual exhaust vehicles in the case of tailpipe-based emission test equipment. (3) The vehicle owner or driver shall be provided with a record of test results, including all of the items listed in 40 CFR part 85, subpart W as being required on the test record (as applicable). The test report shall include: (i) A vehicle description, including license plate number, vehicle identification number, and odometer reading; (ii) The date and time of test; (iii) The name or identification number of the individual(s) performing the tests and the location of the test station and lane; (iv) The type(s) of test(s) performed; (v) The applicable test standards; (vi) The test results, by test, and, where applicable, by pollutant; (vii) A statement indicating the availability of warranty coverage as required in section 207 of the Clean Air Act; (viii) Certification that tests were performed in accordance with the regulations and, in the case of decentralized programs, the signature of the individual who performed the test; and (ix… | |||
| 40:40:2.0.1.1.2.17.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | T | Subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws | § 51.390 Implementation plan revision. | EPA | [73 FR 4438, Jan. 24, 2008] | (a) Purpose and applicability. The federal conformity rules under part 93, subpart A, of this chapter, in addition to any existing applicable state requirements, establish the conformity criteria and procedures necessary to meet the requirements of Clean Air Act section 176(c) until such time as EPA approves the conformity implementation plan revision required by this subpart. A state with an area subject to this subpart and part 93, subpart A, of this chapter must submit to EPA a revision to its implementation plan which contains criteria and procedures for DOT, MPOs and other state or local agencies to assess the conformity of transportation plans, programs, and projects, consistent with this subpart and part 93, subpart A, of this chapter. The federal conformity regulations contained in part 93, subpart A, of this chapter would continue to apply for the portion of the requirements that the state did not include in its conformity implementation plan and the portion, if any, of the state's conformity provisions that is not approved by EPA. In addition, any previously applicable implementation plan conformity requirements remain enforceable until the state submits a revision to its applicable implementation plan to specifically remove them and that revision is approved by EPA. (b) Conformity implementation plan content. To satisfy the requirements of Clean Air Act section 176(c)(4)(E), the implementation plan revision required by this section must include the following three requirements of part 93, subpart A, of this chapter: §§ 93.105, 93.122(a)(4)(ii), and 93.125(c). A state may elect to include any other provisions of part 93, subpart A. If the provisions of the following sections of part 93, subpart A, of this chapter are included, such provisions must be included in verbatim form, except insofar as needed to clarify or to give effect to a stated intent in the revision to establish criteria and procedures more stringent than the requirements stated in this chapter: §§ 93.101, 93.102, 93.103, 93.104, 93.… | |||
| 40:40:2.0.1.1.2.18.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | U | Subpart U—Economic Incentive Programs | § 51.490 Applicability. | EPA | (a) The rules in this subpart apply to any statutory economic incentive program (EIP) submitted to the EPA as an implementation plan revision to comply with sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the Act. Such programs may be submitted by any authorized governmental organization, including States, local governments, and Indian governing bodies. (b) The provisions contained in these rules, except as explicitly exempted, shall also serve as the EPA's policy guidance on discretionary EIP's submitted as implementation plan revisions for any purpose other than to comply with the statutory requirements specified in paragraph (a) of this section. | ||||
| 40:40:2.0.1.1.2.18.11.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | U | Subpart U—Economic Incentive Programs | § 51.491 Definitions. | EPA | Act means the Clean Air Act as amended November 15, 1990. Actual emissions means the emissions of a pollutant from an affected source determined by taking into account actual emission rates associated with normal source operation and actual or representative production rates ( i.e. , capacity utilization and hours of operation). Affected source means any stationary, area, or mobile source of a criteria pollutant(s) to which an EIP applies. This term applies to sources explicitly included at the start of a program, as well as sources that voluntarily enter ( i.e. , opt into) the program. Allowable emissions means the emissions of a pollutant from an affected source determined by taking into account the most stringent of all applicable SIP emissions limits and the level of emissions consistent with source compliance with all Federal requirements related to attainment and maintenance of the NAAQS and the production rate associated with the maximum rated capacity and hours of operation (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both). Area sources means stationary and nonroad sources that are too small and/or too numerous to be individually included in a stationary source emissions inventory. Attainment area means any area of the country designated or redesignated by the EPA at 40 CFR part 81 in accordance with section 107(d) as having attained the relevant NAAQS for a given criteria pollutant. An area can be an attainment area for some pollutants and a nonattainment area for other pollutants. Attainment demonstration means the requirement in section 182(b)(1)(A) of the Act to demonstrate that the specific annual emissions reductions included in a SIP are sufficient to attain the primary NAAQS by the date applicable to the area. Directionally-sound strategies are strategies for which adequate procedures to quantify emissions reductions or specify a program baseline are not defined as part of the EIP. Discretionary economic… | ||||
| 40:40:2.0.1.1.2.18.11.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | U | Subpart U—Economic Incentive Programs | § 51.492 State program election and submittal. | EPA | (a) Extreme O 3 nonattainment areas. (1) A State or authorized governing body for any extreme O 3 nonattainment area shall submit a plan revision to implement an EIP, in accordance with the requirements of this part, pursuant to section 182(g)(5) of the Act, if: (i) A required milestone compliance demonstration is not submitted within the required period. (ii) The Administrator determines that the area has not met any applicable milestone. (2) The plan revision in paragraph (a)(1) of this section shall be submitted within 9 months after such failure or determination, and shall be sufficient, in combination with other elements of the SIP, to achieve the next milestone. (b) Serious CO nonattainment areas. (1) A State or authorized governing body for any serious CO nonattainment area shall submit a plan revision to implement an EIP, in accordance with the requirements of this part, if: (i) A milestone demonstration is not submitted within the required period, pursuant to section 187(d) of the Act. (ii) The Administrator notifies the State, pursuant to section 187(d) of the Act, that a milestone has not been met. (iii) The Administrator determines, pursuant to section 186(b)(2) of the Act that the NAAQS for CO has not been attained by the applicable date for that area. Such revision shall be submitted within 9 months after such failure or determination. (2) Submittals made pursuant to paragraphs (b)(1) (i) and (ii) of this section shall be sufficient, together with a transportation control program, to achieve the specific annual reductions in CO emissions set forth in the implementation plan by the attainment date. Submittals made pursuant to paragraph (b)(1)(iii) of this section shall be adequate, in combination with other elements of the revised plan, to reduce the total tonnage of emissions of CO in the area by at least 5 percent per year in each year after approval of the plan revision and before attainment of the NAAQS for CO. (c) Serious and severe O 3 nonattainment areas. If a State, for an… | ||||
| 40:40:2.0.1.1.2.18.11.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | U | Subpart U—Economic Incentive Programs | § 51.493 State program requirements. | EPA | [59 FR 16710, Apr. 7, 1994, as amended at 89 FR 88655, Nov. 8, 2024] | Economic incentive programs shall be State and federally enforceable, nondiscriminatory, and consistent with the timely attainment of NAAQS, all applicable RFP and visibility requirements, applicable PSD increments, and all other applicable requirements of the Act. Programs in nonattainment areas for which credit is taken in attainment and RFP demonstrations shall be designed to ensure that the effects of the program are quantifiable and permanent over the entire duration of the program, and that the credit taken is limited to that which is surplus. Statutory programs shall be designed to result in quantifiable, significant reductions in actual emissions. The EIP's shall include the following elements, as applicable: (a) Statement of goals and rationale. This element shall include a clear statement as to the environmental problem being addressed, the intended environmental and economic goals of the program, and the rationale relating the incentive-based strategy to the program goals. (1) The statement of goals must include the goal that the program will benefit both the environment and the regulated entities. The program shall be designed so as to meaningfully meet this goal either directly, through increased or more rapid emissions reductions beyond those that would be achieved through a traditional regulatory program, or, alternatively, through other approaches that will result in real environmental benefits. Such alternative approaches include, but are not limited to, improved administrative mechanisms, reduced administrative burdens on regulatory agencies, improved emissions inventories, and the adoption of emission caps which over time constrain or reduce growth-related emissions beyond traditional regulatory approaches. (2) The incentive-based strategy shall be described in terms of one of the following three strategies: (i) Emission-limiting strategies, which directly specify limits on total mass emissions, emission-related parameters (e.g., emission rates per unit of production, product content limi… | |||
| 40:40:2.0.1.1.2.18.11.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | U | Subpart U—Economic Incentive Programs | § 51.494 Use of program revenues. | EPA | Any revenues generated from statutory EIP's shall be used by the State for any of the following: (a) Providing incentives for achieving emissions reductions. (b) Providing assistance for the development of innovative technologies for the control of O 3 air pollution and for the development of lower-polluting solvents and surface coatings. Such assistance shall not provide for the payment of more than 75 percent of either the costs of any project to develop such a technology or the costs of development of a lower-polluting solvent or surface coating. (c) Funding the administrative costs of State programs under this Act. Not more than 50 percent of such revenues may be used for this purpose. The use of any revenues generated from discretionary EIP's shall not be constrained by the provisions of this part. | ||||
| 40:40:2.0.1.1.2.19.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | W | Subpart W—Determining Conformity of General Federal Actions to State or Federal Implementation Plans | § 51.850 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.19.11.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | W | Subpart W—Determining Conformity of General Federal Actions to State or Federal Implementation Plans | § 51.851 State implementation plan (SIP) or Tribal implementation plan (TIP) revision. | EPA | [75 FR 17272, Apr. 5, 2010] | (a) A State or eligible Tribe (a federally recognized tribal government determined to be eligible to submit a TIP under 40 CFR 49.6) may submit to the Environmental Protection Agency (EPA) a revision to its applicable implementation plan which contains criteria and procedures for assessing the conformity of Federal actions to the applicable implementation plan, consistent with this section and 40 CFR part 93, subpart B. (b) Until EPA approves the conformity implementation plan revision permitted by this section, Federal agencies shall use the provisions of 40 CFR part 93, subpart B in addition to any existing applicable State or tribal requirements, to demonstrate conformity with the applicable SIP or TIP as required by section 176(c) of the CAA (42 U.S.C. 7506). (c) Following EPA approval of the State or tribal conformity provisions (or a portion thereof) in a revision to the applicable SIP or TIP, conformity determinations shall be governed by the approved (or approved portion of) State or tribal criteria and procedures. The Federal conformity regulations contained in 40 CFR part 93, subpart B would apply only for the portion, if any, of the part 93 requirements not contained in the State or Tribe conformity provisions approved by EPA. (d) The State or tribal conformity implementation plan criteria and procedures cannot be any less stringent than the requirements in 40 CFR part 93, subpart B. (e) A State's or Tribe's conformity provisions may contain criteria and procedures more stringent than the requirements described in this subpart and part 93, subpart B, only if the State's or Tribe's conformity provisions apply equally to non-Federal as well as Federal entities. (f) In its SIP or TIP, the State or Tribe may identify a list of Federal actions or type of emissions that it presumes will conform. The State or Tribe may place whatever limitations on that list that it deems necessary. The State or Tribe must demonstrate that the action will not interfere with timely attainment or maintenance of the standar… | |||
| 40:40:2.0.1.1.2.19.11.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | W | Subpart W—Determining Conformity of General Federal Actions to State or Federal Implementation Plans | §§ 51.852-51.860 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.20.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.900 Definitions. | EPA | [69 FR 23996, Apr. 30, 2004, as amended at 70 FR 30604, May 26, 2005; 77 FR 28441, May 14, 2012; 80 FR 8799, Feb. 19, 2015] | The following definitions apply for purposes of this subpart. Any term not defined herein shall have the meaning as defined in 40 CFR 51.100. (a) 1-hour NAAQS means the 1-hour ozone national ambient air quality standards codified at 40 CFR 50.9. (b) 8-hour NAAQS means the 8-hour ozone national ambient air quality standards codified at 40 CFR 50.10. (c) 1-hour ozone design value is the 1-hour ozone concentration calculated according to 40 CFR part 50, Appendix H and the interpretation methodology issued by the Administrator most recently before the date of the enactment of the CAA Amendments of 1990. (d) 8-Hour ozone design value is the 8-hour ozone concentration calculated according to 40 CFR part 50, appendix I. (e) CAA means the Clean Air Act as codified at 42 U.S.C. 7401-7671q (2003). (f) Applicable requirements means for an area the following requirements to the extent such requirements apply or applied to the area for the area's classification under section 181(a)(1) of the CAA for the 1-hour NAAQS at designation for the 8-hour NAAQS: (1) Reasonably available control technology (RACT). (2) Inspection and maintenance programs (I/M). (3) Major source applicability cut-offs for purposes of RACT. (4) Rate of Progress (ROP) reductions. (5) Stage II vapor recovery. (6) Clean fuels fleet program under section 183(c)(4) of the CAA. (7) Clean fuels for boilers under section 182(e)(3) of the CAA. (8) Transportation Control Measures (TCMs) during heavy traffic hours as provided under section 182(e)(4) of the CAA. (9) Enhanced (ambient) monitoring under section 182(c)(1) of the CAA. (10) Transportation controls under section 182(c)(5) of the CAA. (11) Vehicle miles traveled provisions of section 182(d)(1) of the CAA. (12) NO X requirements under section 182(f) of the CAA. (13) Attainment demonstration or an alternative as provided under § 51.905(a)(1)(ii). (14) Contingency measures required under CAA sections 172(c)(9) and 182(c)(9) that would be triggered based on a failure to attain the … | |||
| 40:40:2.0.1.1.2.20.11.10 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.909 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.20.11.11 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.910 What requirements for reasonable further progress (RFP) under sections 172(c)(2) and 182 apply for areas designated nonattainment for the 8-hour ozone NAAQS? | EPA | [70 FR 71700, Nov. 29, 2005] | (a) What are the general requirements for RFP for an area classified under subpart 2 pursuant to § 51.903? For an area classified under subpart 2 pursuant to § 51.903, the RFP requirements specified in section 182 of the Act for that area's classification shall apply. (1) What is the content and timing of the RFP plan required under sections 182(b)(1) and 182(c)(2)(B) of the Act for an area classified as moderate or higher pursuant to § 51.903 (subpart 2 coverage)? (i) Moderate or Above Area. (A) Except as provided in paragraph (a)(1)(ii) of this section, for each area classified as moderate or higher, the State shall submit a SIP revision consistent with section 182(b)(1) of the Act no later than 3 years after designation for the 8-hour NAAQS for the area. The 6-year period referenced in section 182(b)(1) of the Act shall begin January 1 of the year following the year used for the baseline emissions inventory. (B) For each area classified as serious or higher, the State shall submit a SIP revision consistent with section 182(c)(2)(B) of the Act no later than 3 years after designation for the 8-hour NAAQS. The final increment of progress must be achieved no later than the attainment date for the area. (ii) Area with Approved 1-hour Ozone 15 Percent VOC ROP Plan. An area classified as moderate or higher that has the same boundaries as an area, or is entirely composed of several areas or portions of areas, for which EPA fully approved a 15 percent plan for the 1-hour NAAQS is considered to have met section 182(b)(1) of the Act for the 8-hour NAAQS and instead: (A) If classified as moderate, the area is subject to RFP under section 172(c)(2) of the Act and shall submit no later than 3 years after designation for the 8-hour NAAQS a SIP revision that meets the requirements of paragraph (b)(2) of this section, consistent with the attainment date established in the attainment demonstration SIP. (B) If classified as serious or higher, the area is subject to RFP under section 182(c)(2)(B) of the Act and shall… | |||
| 40:40:2.0.1.1.2.20.11.12 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.911 [Reserved] | EPA | |||||
| 40:40:2.0.1.1.2.20.11.13 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.912 What requirements apply for reasonably available control technology (RACT) and reasonably available control measures (RACM) under the 8-hour NAAQS? | EPA | [70 FR 71701, Nov. 29, 2005, as amended at 72 FR 31749, June 8, 2007] | (a) What is the RACT requirement for areas subject to subpart 2 in accordance with § 51.903? (1) For each area subject to subpart 2 in accordance with § 51.903 of this part and classified moderate or higher, the State shall submit a SIP revision that meets the NO X and VOC RACT requirements in sections 182(b)(2) and 182(f) of the Act. (2) The State shall submit the RACT SIP for each area no later than 27 months after designation for the 8-hour ozone NAAQS, except that for a State subject to the requirements of the Clean Air Interstate Rule, the State shall submit NO X RACT SIPs for electrical generating units (EGUs) no later than the date by which the area's attainment demonstration is due (prior to any reclassification under section 181(b)(3)) for the 8-hour ozone national ambient air quality standard, or July 9, 2007, whichever comes later. (3) The State shall provide for implementation of RACT as expeditiously as practicable but no later than the first ozone season or portion thereof which occurs 30 months after the RACT SIP is due. (b) How do the RACT provisions apply to a major stationary source? Volatile organic compounds and NO X are to be considered separately for purposes of determining whether a source is a major stationary source as defined in section 302 of the Act. (c) What is the RACT requirement for areas subject only to subpart 1 pursuant to § 51.902(b)? Areas subject only to subpart 1 pursuant to § 51.902(b) are subject to the RACT requirement specified in section 172(c)(1) of the Act. (1) For an area that submits an attainment demonstration that requests an attainment date 5 years or less after designation for the 8-hour NAAQS, the State shall meet the RACT requirement by submitting an attainment demonstration SIP demonstrating that the area has adopted all control measures necessary to demonstrate attainment as expeditiously as practicable. (2) For an area that submits an attainment demonstration that requests an attainment date more than 5 years after designation for the 8-hour … | |||
| 40:40:2.0.1.1.2.20.11.14 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.913 How do the section 182(f) NO | EPA | [70 FR 71701, Nov. 29, 2005] | (a) A person may petition the Administrator for an exemption from NO X obligations under section 182(f) for any area designated nonattainment for the 8-hour ozone NAAQS and for any area in a section 184 ozone transport region. (b) The petition must contain adequate documentation that the criteria in section 182(f) are met. (c) A section 182(f) NO X exemption granted for the 1-hour ozone standard does not relieve the area from any NO X obligations under section 182(f) for the 8-hour ozone standard. | |||
| 40:40:2.0.1.1.2.20.11.15 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.914 What new source review requirements apply for 8-hour ozone nonattainment areas? | EPA | [70 FR 71702, Nov. 29, 2005] | The requirements for new source review for the 8-hour ozone standard are located in § 51.165 of this part. | |||
| 40:40:2.0.1.1.2.20.11.16 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.915 What emissions inventory requirements apply under the 8-hour NAAQS? | EPA | [80 FR 8799, Feb. 19, 2015] | For each nonattainment area subject to subpart 2 in accordance with § 51.903, the emissions inventory requirements in sections 182(a)(1) and 182(a)(3) of the Act shall apply, and such SIP shall be due no later 2 years after designation. For each nonattainment area subject only to title I, part D, subpart 1 of the Act in accordance with § 51.902(b), the emissions inventory requirement in section 172(c)(3) of the Act shall apply, and an emission inventory SIP shall be due no later 3 years after designation. The state must report to the EPA summer day emissions of NO X and VOC from all point sources, nonpoint sources, onroad mobile sources, and nonroad mobile sources. The state shall report emissions as point sources according to the point source emissions thresholds of the Air Emissions Reporting Rule (AERR), 40 CFR part 51, subpart A. The detail of the emissions inventory shall be consistent with the data elements required by 40 CFR part 51, subpart A. | |||
| 40:40:2.0.1.1.2.20.11.17 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.916 What are the requirements for an Ozone Transport Region under the 8-hour NAAQS? | EPA | [70 FR 71702, Nov. 29, 2005] | (a) In General. Sections 176A and 184 of the Act apply for purposes of the 8-hour NAAQS. (b) RACT Requirements for Certain Portions of an Ozone Transport Region. (1) The State shall submit a SIP revision that meets the RACT requirements of section 184 of the Act for each area that is located in an ozone transport region and that is— (i) Designated as attainment or unclassifiable for the 8-hour standard; (ii) Designated nonattainment and classified as marginal for the 8-hour standard; or (iii) Designated nonattainment and covered solely under subpart 1 of part D, title I of the CAA for the 8-hour standard. (2) The State is required to submit the RACT revision no later than September 16, 2006 and shall provide for implementation of RACT as expeditiously as practicable but no later than May 1, 2009. | |||
| 40:40:2.0.1.1.2.20.11.18 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.917 What is the effective date of designation for the Las Vegas, NV, 8-hour ozone nonattainment area? | EPA | [70 FR 71702, Nov. 29, 2005] | The Las Vegas, NV, 8-hour ozone nonattainment area (designated on September 17, 2004 (69 FR 55956)) shall be treated as having an effective date of designation of June 15, 2004, for purposes of calculating SIP submission deadlines, attainment dates, or any other deadline under this subpart. | |||
| 40:40:2.0.1.1.2.20.11.19 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.918 Can any SIP planning requirements be suspended in 8-hour ozone nonattainment areas that have air quality data that meets the NAAQS? | EPA | [70 FR 71702, Nov. 29, 2005] | Upon a determination by EPA that an area designated nonattainment for the 8-hour ozone NAAQS has attained the standard, the requirements for such area to submit attainment demonstrations and associated reasonably available control measures, reasonable further progress plans, contingency measures, and other planning SIPs related to attainment of the 8-hour ozone NAAQS shall be suspended until such time as: the area is redesignated to attainment, at which time the requirements no longer apply; or EPA determines that the area has violated the 8-hour ozone NAAQS. | |||
| 40:40:2.0.1.1.2.20.11.2 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.901 Applicability of part 51. | EPA | The provisions in subparts A through W of part 51 apply to areas for purposes of the 8-hour NAAQS to the extent they are not inconsistent with the provisions of this subpart. | ||||
| 40:40:2.0.1.1.2.20.11.20 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.919 Applicability. | EPA | [80 FR 12312, Mar. 6, 2015] | As of April 6, 2015, the provisions of subpart AA shall replace the provisions of subpart X, §§ 51.900 to 51.918, which will cease to apply, with the exception of the attainment date extension provisions of § 51.907 for the anti-backsliding purposes of § 51.1105(d)(2). | |||
| 40:40:2.0.1.1.2.20.11.3 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.902 Which classification and nonattainment area planning provisions of the CAA shall apply to areas designated nonattainment for the 1997 8-hour NAAQS? | EPA | [77 FR 28841, May 14, 2012] | (a) An area designated nonattainment for the 1997 8-hour NAAQS will be classified in accordance with section 181 of the CAA, as interpreted in § 51.903(a), for purposes of the 1997 8-hour NAAQS, and will be subject to the requirements of subpart 2 that apply for that classification. (b) [Reserved] | |||
| 40:40:2.0.1.1.2.20.11.4 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.903 How do the classification and attainment date provisions in section 181 of subpart 2 of the CAA apply to areas subject to § 51.902(a)? | EPA | (a) In accordance with section 181(a)(1) of the CAA, each area subject to § 51.902(a) shall be classified by operation of law at the time of designation. However, the classification shall be based on the 8-hour design value for the area, in accordance with Table 1 below, or such higher or lower classification as the State may request as provided in paragraphs (b) and (c) of this section. The 8-hour design value for the area shall be calculated using the three most recent years of air quality data. For each area classified under this section, the primary NAAQS attainment date for the 8-hour NAAQS shall be as expeditious as practicable but not later than the date provided in the following Table 1. Table 1—Classification for 8-Hour Ozone NAAQS for Areas Subject to § 51.902( a ) 1 but not including. (b) A State may request a higher classification for any reason in accordance with section 181(b)(3) of the CAA. (c) A State may request a lower classification in accordance with section 181(a)(4) of the CAA. | ||||
| 40:40:2.0.1.1.2.20.11.5 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.904 How do the classification and attainment date provisions in section 172(a) of subpart 1 of the CAA apply to areas subject to § 51.902(b)? | EPA | (a) Classification. The Administrator may classify an area subject to § 51.902(b) as an overwhelming transport area if: (1) The area meets the criteria as specified for rural transport areas under section 182(h) of the CAA; (2) Transport of ozone and/or precursors into the area is so overwhelming that the contribution of local emissions to observed 8-hour ozone concentration above the level of the NAAQS is relatively minor; and (3) The Administrator finds that sources of VOC (and, where the Administrator determines relevant, NO X ) emissions within the area do not make a significant contribution to the ozone concentrations measured in other areas. (b) Attainment dates. For an area subject to § 51.902(b), the Administrator will approve an attainment date consistent with the attainment date timing provision of section 172(a)(2)(A) of the CAA at the time the Administrator approves an attainment demonstration for the area. | ||||
| 40:40:2.0.1.1.2.20.11.6 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.905 How do areas transition from the 1-hour NAAQS to the 1997 8-hour NAAQS and what are the anti-backsliding provisions? | EPA | [69 FR 23996, Apr. 30, 2004, as amended at 70 FR 30604, May 26, 2005; 70 FR 44474, Aug. 3, 2005; 77 FR 28441, May 14, 2012] | (a) What requirements that applied in an area for the 1-hour NAAQS continue to apply after revocation of the 1-hour NAAQS for that area? —(1) 8-Hour NAAQS Nonattainment/1-Hour NAAQS Nonattainment. The following requirements apply to an area designated nonattainment for the 8-hour NAAQS and designated nonattainment for the 1-hour NAAQS at the time of designation for the 8-hour NAAQS for that area. (i) The area remains subject to the obligation to adopt and implement the applicable requirements as defined in § 51.900(f), except as provided in paragraph (a)(1)(iii) of this section, and except as provided in paragraph (b) of this section. (ii) If the area has not met its obligation to have a fully-approved attainment demonstration SIP for the 1-hour NAAQS, the State must comply with one of the following: (A) Submit a 1-hour attainment demonstration no later than 1 year after designation; (B) Submit a RFP plan for the 8-hour NAAQS no later than 1-year following designations for the 8-hour NAAQS providing a 5 percent increment of emissions reduction from the area's 2002 emissions baseline, which must be in addition to measures (or enforceable commitments to measures) in the SIP at the time of the effective date of designation and in addition to national or regional measures and must be achieved no later than 2 years after the required date for submission (3 years after designation). (C) Submit an 8-hour ozone attainment demonstration no later than 1 year following designations that demonstrates attainment of the 8-hour NAAQS by the area's attainment date; provides for 8-hour RFP for the area out to the attainment date; and for the initial period of RFP for the area (between 2003-2008), achieve the emission reductions by December 31, 2007. (iii) If the area has an outstanding obligation for an approved 1-hour ROP SIP, it must develop and submit to EPA all outstanding 1-hour ROP plans; where a 1-hour obligation overlaps with an 8-hour RFP requirement, the State's 8-hour RFP plan can be used to satisfy the 1-hour… | |||
| 40:40:2.0.1.1.2.20.11.7 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.906 Redesignation to nonattainment following initial designations for the 8-hour NAAQS. | EPA | [70 FR 71700, Nov. 29, 2005] | For any area that is initially designated attainment or unclassifiable for the 8-hour NAAQS and that is subsequently redesignated to nonattainment for the 8-hour ozone NAAQS, any absolute, fixed date applicable in connection with the requirements of this part is extended by a period of time equal to the length of time between the effective date of the initial designation for the 8-hour NAAQS and the effective date of redesignation, except as otherwise provided in this subpart. | |||
| 40:40:2.0.1.1.2.20.11.8 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.907 For an area that fails to attain the 8-hour NAAQS by its attainment date, how does EPA interpret sections 172(a)(2)(C)(ii) and 181(a)(5)(B) of the CAA? | EPA | For purposes of applying sections 172(a)(2)(C) and 181(a)(5) of the CAA, an area will meet the requirement of section 172(a)(2)(C)(ii) or 181(a)(5)(B) of the CAA pertaining to 1-year extensions of the attainment date if: (a) For the first 1-year extension, the area's 4th highest daily 8-hour average in the attainment year is 0.084 ppm or less. (b) For the second 1-year extension, the area's 4th highest daily 8-hour value, averaged over both the original attainment year and the first extension year, is 0.084 ppm or less. (c) For purposes of paragraphs (a) and (b) of this section, the area's 4th highest daily 8-hour average shall be from the monitor with the highest 4th highest daily 8-hour average of all the monitors that represent that area. | ||||
| 40:40:2.0.1.1.2.20.11.9 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | X | Subpart X—Provisions for Implementation of 8-hour Ozone National Ambient Air Quality Standard | § 51.908 What modeling and attainment demonstration requirements apply for purposes of the 8-hour ozone NAAQS? | EPA | [69 FR 23996, Apr. 30, 2004, as amended at 70 FR 71700, Nov. 29, 2005] | (a) What is the attainment demonstration requirement for an area classified as moderate or higher under subpart 2 pursuant to § 51.903? An area classified as moderate or higher under § 51.903 shall be subject to the attainment demonstration requirement applicable for that classification under section 182 of the Act, except such demonstration is due no later than 3 years after the area's designation for the 8-hour NAAQS. (b) What is the attainment demonstration requirement for an area subject only to subpart 1 in accordance with § 51.902(b)? An area subject to § 51.902(b) shall be subject to the attainment demonstration under section 172(c)(1) of the Act and shall submit an attainment demonstration no later than 3 years after the area's designation for the 8-hour NAAQS. (c) What criteria must the attainment demonstration meet? An attainment demonstration due pursuant to paragraph (a) or (b) of this section must meet the requirements of § 51.112; the adequacy of an attainment demonstration shall be demonstrated by means of a photochemical grid model or any other analytical method determined by the Administrator, in the Administrator's discretion, to be at least as effective. (d) For each nonattainment area, the State must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season. | |||
| 40:40:2.0.1.1.2.21.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Y | Subpart Y—Mitigation Requirements | § 51.930 Mitigation of Exceptional Events. | EPA | [81 FR 68282, Oct. 3, 2016] | (a) A State requesting to exclude air quality data due to exceptional events must take appropriate and reasonable actions to protect public health from exceedances or violations of the national ambient air quality standards. At a minimum, the State must: (1) Provide for prompt public notification whenever air quality concentrations exceed or are expected to exceed an applicable ambient air quality standard; (2) Provide for public education concerning actions that individuals may take to reduce exposures to unhealthy levels of air quality during and following an exceptional event; and (3) Provide for the implementation of appropriate measures to protect public health from exceedances or violations of ambient air quality standards caused by exceptional events. (b) Development of mitigation plans for areas with historically documented or known seasonal events —(1) Generally. All States having areas with historically documented or known seasonal events shall be required to develop a mitigation plan with the components identified in paragraph (b)(2) of this section and submit such plan to the Administrator according to the requirements in paragraph (b)(3) of this section. (i) For purposes of the requirements set forth in this section, historically documented or known seasonal events shall include those events of the same type and pollutant that recur in a 3-year period and meet any of the following: (A) Three events or event seasons for which a State submits a demonstration under the provisions of 40 CFR 50.14 in a 3-year period; or (B) Three events or event seasons that are the subject of an initial notification of a potential exceptional event as defined in 40 CFR 50.14(c)(2) in a 3-year period regardless of whether the State submits a demonstration under the provisions of 40 CFR 50.14. (ii) The Administrator will provide written notification to States that they are subject to the requirements in paragraph (b) of this section when the Administrator becomes aware of applicability. (2) Plan components. A… | |||
| 40:40:2.0.1.1.2.22.11.1 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1000 Definitions. | EPA | The following definitions apply for purposes of this subpart. Any term not defined herein shall have the meaning as defined in 40 CFR 51.100 or Clean Air Act section 302. Act means the Clean Air Act as codified at 42 U.S.C. 7401-7671q (2003). Additional feasible measure is any control measure that otherwise meets the definition of “best available control measure” (BACM) but can only be implemented in whole or in part beginning 4 years after the date of reclassification of an area as Serious and no later than the statutory attainment date for the area. Additional reasonable measure is any control measure that otherwise meets the definition of “reasonably available control measure” (RACM) but can only be implemented in whole or in part during the period beginning 4 years after the effective date of designation of a nonattainment area and no later than the end of the sixth calendar year following the effective date of designation of the area. Applicable annual standard is the annual PM 2.5 NAAQS established, revised, or retained as a result of a particular PM 2.5 NAAQS review. Applicable attainment date means the latest statutory date by which an area is required to attain a particular PM 2.5 NAAQS, unless the EPA has approved an attainment plan for the area to attain such NAAQS, in which case the applicable attainment date is the date approved under such attainment plan. If the EPA grants an extension of an approved attainment date, then the applicable attainment date for the area shall be the extended date. Applicable 24-hour standard is the 24-hour PM 2.5 NAAQS established, revised, or retained as a result of a particular PM 2.5 NAAQS review. Attainment projected inventory for the nonattainment area means the projected emissions of direct PM 2.5 and all PM 2.5 precursors on the projected attainment date for the area. This projected inventory includes sources included in the base year inventory for the nonattainment area revised to account for changes in direct PM 2.5 and all PM 2.5 precurso… | ||||
| 40:40:2.0.1.1.2.22.11.10 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1009 Moderate area attainment plan control strategy requirements. | EPA | (a) The state shall identify, adopt, and implement control measures, including control technologies, on sources of direct PM 2.5 emissions and sources of emissions of PM 2.5 plan precursors located in any Moderate PM 2.5 nonattainment area or portion thereof located within the state consistent with the following: (1) The state shall identify all sources of direct PM 2.5 emissions and all sources of emissions of PM 2.5 precursors in the nonattainment area in accordance with the emissions inventory requirements of § 51.1008(a). (2) The state shall identify all potential control measures to reduce emissions from all sources of direct PM 2.5 emissions and all sources of emissions of PM 2.5 plan precursors in the nonattainment area identified under paragraph (a)(1) of this section. (i) The state is not required to identify and evaluate potential control measures to reduce emissions of a particular PM 2.5 precursor from any existing sources if the state has submitted a comprehensive precursor demonstration approved by the EPA pursuant to § 51.1006, except where the EPA requires such information as necessary to evaluate the comprehensive precursor demonstration pursuant to § 51.1006(a)(1)(ii). (ii) The state is not required to identify and evaluate potential control measures to reduce emissions of a particular PM 2.5 precursor from any existing major stationary sources if the state has submitted a major stationary source precursor demonstration approved by the EPA pursuant to § 51.1006, except where the EPA requires such information as necessary to evaluate the major stationary source precursor demonstration pursuant to § 51.1006(a)(1)(ii). (3) For any potential control measure identified under paragraph (a)(2) of this section, the state may make a demonstration that such measure is not technologically or economically feasible to implement in whole or in part by the end of the sixth calendar year following the effective date of designation of the area, and the state may eliminate such whole or partial meas… | ||||
| 40:40:2.0.1.1.2.22.11.11 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1010 Serious area attainment plan control strategy requirements. | EPA | (a) The state shall identify, adopt, and implement best available control measures, including control technologies, on sources of direct PM 2.5 emissions and sources of emissions of PM 2.5 plan precursors located in any Serious PM 2.5 nonattainment area or portion thereof located within the state and consistent with the following: (1) The state shall identify all sources of direct PM 2.5 emissions and all sources of emissions of PM 2.5 precursors in the nonattainment area in accordance with the emissions inventory requirements of § 51.1008(b). (2) The state shall identify all potential control measures to reduce emissions from all sources of direct PM 2.5 emissions and sources of emissions of PM 2.5 plan precursors in the nonattainment area identified under paragraph (a)(1) of this section. (i) The state shall survey other NAAQS nonattainment areas in the U.S. and identify any measures for direct PM 2.5 and PM 2.5 plan precursors not previously identified by the state during the development of the Moderate area attainment plan for the area. (ii) The state is not required to identify and evaluate potential control measures to reduce emissions of a particular PM 2.5 precursor from any existing sources if the state has submitted a comprehensive precursor demonstration approved by the EPA, except where the EPA requires such information as necessary to evaluate the comprehensive precursor demonstration pursuant to § 51.1006(a)(1)(ii). (iii) The state is not required to identify and evaluate potential control measures to reduce emissions of a particular PM 2.5 precursor from any existing major stationary sources if the state has submitted a major stationary source precursor demonstration approved by the EPA, except where the EPA requires such information as necessary to evaluate the major stationary source demonstration pursuant to § 51.1006(a)(1)(ii). (3) The state may make a demonstration that any measure identified under paragraph (a)(2) of this section is not technologically or economically feasibl… | ||||
| 40:40:2.0.1.1.2.22.11.12 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1011 Attainment demonstration and modeling requirements. | EPA | (a) Nonattainment areas initially classified as Moderate. The attainment demonstration due to the EPA as part of any Moderate area attainment plan required under § 51.1003(a) shall meet all of the following criteria: (1) The attainment demonstration shall show the projected attainment date for the Moderate nonattainment area that is as expeditious as practicable in accordance with the requirements of § 51.1004(a)(1). (2) The attainment demonstration shall meet the requirements of Appendix W of this part and shall include inventory data, modeling results, and emission reduction analyses on which the state has based its projected attainment date. (3) The base year for the emissions inventory required for an attainment demonstration under this paragraph shall be one of the 3 years used for designations or another technically appropriate inventory year if justified by the state in the plan submission. (4) The control strategies modeled as part of the attainment demonstration shall be consistent with the following as applicable: (i) For a Moderate area that can demonstrate attainment of the applicable PM 2.5 NAAQS no later than the end of the sixth calendar year following the date of designation of the area with the implementation of RACM and RACT and additional reasonable measures, the control strategies modeled as part of the attainment demonstration shall be consistent with control strategy requirements under § 51.1009(a). (ii) For a Moderate area that cannot practicably attain the applicable PM 2.5 NAAQS by the end of the sixth calendar year following the date of designation of the area with the implementation of RACM and RACT and additional reasonable measures, the control strategies modeled as part of the attainment demonstration shall be consistent with control strategy requirements under § 51.1009(b). (5) Required time frame for obtaining emissions reductions. For each Moderate nonattainment area, the attainment plan must provide for implementation of all control measures needed for attainment as ex… | ||||
| 40:40:2.0.1.1.2.22.11.13 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1012 Reasonable further progress (RFP) requirements. | EPA | (a) Each attainment plan for a PM 2.5 nonattainment area shall include an RFP plan that demonstrates that sources in the area will achieve such annual incremental reductions in emissions of direct PM 2.5 and PM 2.5 plan precursors as are necessary to ensure attainment of the applicable PM 2.5 NAAQS as expeditiously as practicable. The RFP plan shall include all of the following: (1) A schedule describing the implementation of control measures during each year of the applicable attainment plan. Control measures for Moderate area attainment plans are required in § 51.1009, and control measures for Serious area attainment plans are required in § 51.1010. (2) RFP projected emissions for direct PM 2.5 and all PM 2.5 plan precursors for each applicable milestone year, based on the anticipated implementation schedule for control measures required in paragraph (a)(1) of this section. For purposes of establishing motor vehicle emissions budgets for transportation conformity purposes (as required in 40 CFR part 93) for a PM 2.5 nonattainment area, the state shall include in its RFP submission an inventory of on-road mobile source emissions in the nonattainment area for each milestone year. (3) An analysis that presents the schedule of control measures and estimated emissions changes to be achieved by each milestone year, and that demonstrates that the control strategy will achieve reasonable progress toward attainment between the applicable base year and the attainment year. The analysis shall rely on information from the base year inventory for the nonattainment area required in § 51.1008(a)(1) and the attainment projected inventory for the nonattainment area required in § 51.1008(a)(2), in addition to the RFP projected emissions required in paragraph (a)(2) of this section. (4) An analysis that demonstrates that by the end of the calendar year for each milestone date for the area determined in accordance with § 51.1013(a), pollutant emissions will be at levels that reflect either generally linear progress or s… | ||||
| 40:40:2.0.1.1.2.22.11.14 | 40 | Protection of Environment | I | C | 51 | PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS | Z | Subpart Z—Provisions for Implementation of PM | § 51.1013 Quantitative milestone requirements. | EPA | (a) Consistent with CAA section 189(c)(1), the state must submit in each attainment plan for a PM 2.5 nonattainment area specific quantitative milestones that demonstrate reasonable further progress toward attainment of the applicable PM 2.5 NAAQS in the area and that meet the following requirements: (1) Nonattainment areas initially classified as Moderate. (i) Except as provided in paragraph (a)(4) of this section, each attainment plan submittal for a Moderate PM 2.5 nonattainment area shall contain quantitative milestones to be achieved no later than a milestone date of 4.5 years and 7.5 years from the date of designation of the area. (ii) The plan shall contain quantitative milestones to be achieved by the milestone dates specified in paragraph (a)(1)(i) of this section, as applicable, and that provide for objective evaluation of reasonable further progress toward timely attainment of the applicable PM 2.5 NAAQS in the area. At a minimum, each quantitative milestone plan must include a milestone for tracking progress achieved in implementing the SIP control measures, including RACM and RACT, by each milestone date. (2) Nonattainment areas reclassified as Serious. (i) Except as provided in paragraph (a)(4) of this section, each attainment plan submission that demonstrates that a Serious PM 2.5 nonattainment area can attain a particular PM 2.5 NAAQS by the end of the tenth calendar year following the effective date of designation of the area with the implementation of control measures as required under § 51.1010(a) shall contain quantitative milestones to be achieved no later than milestone dates of 7.5 years and 10.5 years, respectively, from the date of designation of the area. (ii) Except as provided in paragraph (a)(4) of this section, each attainment plan submission that demonstrates that a Serious PM 2.5 nonattainment area cannot practicably attain a particular PM 2.5 NAAQS by the end of the tenth calendar year following the date of designation of the area with the implementation of control… |
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