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Electronic Code of Federal Regulations

e-CFR Data is current as of July 18, 2014

Title 40: Protection of Environment
PART 51—REQUIREMENTS FOR PREPARATION, ADOPTION, AND SUBMITTAL OF IMPLEMENTATION PLANS
Subpart Z—Provisions for Implementation of PM2.5 National Ambient Air Quality Standards


§51.1002   Submittal of State implementation plan.

(a) For any area designated by EPA as nonattainment for the PM2.5 NAAQS, the State must submit a State implementation plan satisfying the requirements of section 172 of the Act and this subpart to EPA by the date prescribed by EPA which will be no later than 3 years from the date of designation.

(b) The State must submit a plan consistent with the requirements of section 110(a)(2) of the Act unless the State already has fulfilled this obligation for the purposes of implementing the PM2.5 NAAQS.

(c) Pollutants contributing to fine particle concentrations. The State implementation plan must identify and evaluate sources of PM2.5 direct emissions and PM2.5 attainment plan precursors in accordance with §§51.1009 and 51.1010. After January 1, 2011, for purposes of establishing emissions limits under 51.1009 and 51.1010, States must establish such limits taking into consideration the condensable fraction of direct PM2.5 emissions. Prior to this date, States are not prohibited from establishing source emission limits that include the condensable fraction of direct PM2.5.

(1) The State must address sulfur dioxide as a PM2.5 attainment plan precursor and evaluate sources of SO2 emissions in the State for control measures.

(2) The State must address NOX as a PM2.5 attainment plan precursor and evaluate sources of NOX emissions in the State for control measures, unless the State and EPA provide an appropriate technical demonstration for a specific area showing that NOX emissions from sources in the State do not significantly contribute to PM2.5 concentrations in the nonattainment area.

(3) The State is not required to address VOC as a PM2.5 attainment plan precursor and evaluate sources of VOC emissions in the State for control measures, unless:

(i) the State provides an appropriate technical demonstration for a specific area showing that VOC emissions from sources in the State significantly contribute to PM2.5 concentrations in the nonattainment area, and such demonstration is approved by EPA; or

(ii) The EPA provides such a technical demonstration.

(4) The State is not required to address ammonia as a PM2.5 attainment plan precursor and evaluate sources of ammonia emissions from sources in the State for control measures, unless:

(i) The State provides an appropriate technical demonstration for a specific area showing that ammonia emissions from sources in the State significantly contribute to PM2.5 concentrations in the nonattainment area, and such demonstration is approved by EPA; or

(ii) The EPA provides such a technical demonstration.

(5) The State must submit a demonstration to reverse any presumption in this rule for a PM2.5 precursor with respect to a particular nonattainment area, if the administrative record related to development of its SIP shows that the presumption is not technically justified for that area.



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