§ 52.876 - Compliance schedules.

§ 52.876 Compliance schedules.

(a) The requirements of § 51.260 and of § 51.15(a)(2) of this chapter as of September 19, 1976 (40 FR 43216), are not met since the plan does not contain legally enforceable compliance schedules setting forth the dates by which all stationary sources or categories of such sources must be in compliance with applicable portions of the control strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that all sources not in compliance must submit an acceptable compliance schedule within 120 days after receiving notification from the State. There are no assurances that all sources will be notified by the State in a timely manner, therefore, paragraphs C and D of Regulation 28-19-9 are disapproved.

(b) Federal compliance schedule.

(1) Except as provided in paragraph (2) of this paragraph (b), the owner or operator of any stationary source subject to any emission regulation which is part of the approved plan shall be in compliance on or before January 31, 1974.

(i) Any owner or operator in compliance with any such applicable regulation on the effective date of this paragraph shall certify such compliance to the Administrator no later than December 31, 1972.

(ii) Any owner or operator who achieves compliance with any such applicable regulation after the effective date of this paragraph shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.

(2) An owner or operator of a stationary source subject to any emission regulation approved by the Administrator may no later than December 31, 1972, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with such regulation as expeditiously as practicable, but no later than July 31, 1975. The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Letting of necessary contracts for construction or process changes, if applicable; initiation of construction; completion and startup of control systems; performance tests; and submittal of performance test analysis and results.

(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met.

(4) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.

(c) State compliance schedules.

(1) [Reserved]

(2) The compliance schedules identified below are disapproved as not meeting the requirements of § 51.102 or subpart N of this chapter. All regulations cited are air pollution control regulations of the state, unless otherwise noted.

Kansas

Source	Location	Regulation involved	Date adopted
Chanute Manufacturing Co., Inc.: sand blasting	Chanute	28-19-50	Dec. 14, 1973.
Kansas City Power & Light, coal transfer houses	LaCygne	28-19-50	Nov. 22, 1974.
Pence Food Center, incinerator	Chanute	28-19-40	Do.
Rodney Milling Co.:
“A” house gallery and tunnel system	Topeka	28-19-50	Do.
“B” & “C” house gallery	......do	28-19-50	Do.
Western Alfalfa Corp., alfalfa dehydrator	Deerfield	28-19-20	Do.
Do	Tice	28-19-20	Do.
Pence Food Center, incinerator	Humboldt	28-19-40	Do.
Sherwin-Williams Chemicals, Ozark P.M. Mill	Coffeyville	28-19-50B	Oct. 8, 1974.
Continental Grain Co., rail car loading	Hutchinson	28-19-50	Aug. 15, 1974.
Far-Mar-Co, Inc., headhouse cyclones	Topeka	28-19-50	Sept. 5, 1974.
Do	Hutchinson	28-19-50	Aug. 15, 1974.
Western Iron & Foundry, cupola	Wichita	28-19-20A, 28-19-50A	Oct. 4, 1974.
Kansas Army Ammunition Plant, open burning	Parsons	28-19-45	Jan. 24, 1975.
Reid Grain, headhouse	Goodland	28-19-50	Do.
Sherwin-Williams Chemicals, black ash kiln	Coffeyville	28-19-50A	Do.
Cooperative Farm Chemicals, No. 1 NH4 NO399-percent evaporator and prilling tower	Lawrence	28-19-20	Mar. 28, 1975.
Sherwin-Williams Chemical Co., ozide calciner exhaust	Coffeyville	28-19-50A	Do.
Kaw Dehydrating Co., alfalfa dehydrator	Lawrence	28-19-20	Do.
Empire Dist. Electric Co.: Boilers Nos. 7 and 8	Riverton	28-19-31C	May 23, 1975.
Gulf Oil Chemicals Co.: Coal-fired boiler	Pittsburg	28-19-31	Do.
Kansas City Power & Light: Main boiler	La Cygne	28-19-31B	Do.
Mid-America Dairymen: Spray dryers Nos. 1 and 2	Sabetha	28-19-20	Do.
Tower Metal Products: Reverberatory furnace C	Fort Scott	28-19-50A	Do.
U.S. Steel - Universal Atlas Cement	Independence
Clay storage bin		28-19-50A	Do.
Stone storage bin		28-19-50A	Do.
Krupp Ball Mill No. 2		28-19-50A	Do.
Krupp Ball Mill No. 3		28-19-50A	Do.

[37 FR 19809, Sept. 22, 1972]

Editorial Note

Editorial Note:

For Federal Register citations affecting § 52.876, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsysgovinfo.gov.