[Code of Federal Regulations]
[Title 40, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52.927]

[Page 685-686]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
--Table of Contents
 
                           Subpart S_Kentucky
 
Sec.  52.927  Compliance schedules.

    (a) The requirements of Sec.  51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (b) Federal compliance schedules.
    (1) Except as provided in paragraph (b)(5) of this section, the 
owner or operator of any fuel-burning facility subject to the 
requirements of the Kentucky Air Pollution Control Regulations as they 
apply to sulfur dioxide sources, shall notify the Regional 
Administrator, by no later than November 3, 1975, of his intent to 
utilize either low-sulfur fuel or stack gas desulfurization to meet 
these requirements.
    (2) Any owner or operator of a stationary source subject to 
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel 
shall be subject to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a 
projection of the amount of fuel, by types, that will be substantially 
adequate to enable compliance with the applicable regulation on July 1, 
1977, and for at least one year thereafter, as well as a statement as to 
whether boiler modifications will be required. If so, final plans for 
such modifications must be submitted simultaneously.
    (ii) December 31, 1975--Sign contracts with fuel suppliers for 
projected fuel requirements as projected above.
    (iii) December 31, 1975--Let contracts for necessary boiler 
modifications, if applicable.
    (iv) January 30, 1976--Initiate onsite modifications, if applicable.
    (v) May 1, 1977--Complete onsite modifications, if applicable.
    (vi) July 1, 1977--Achieve compliance with the applicable 
regulations, and certify such compliance to the Regional Administrator.
    (3) Any owner or operator subject to paragraph (b)(1) of this 
section who elects to utilize stack gas desulfurization shall be subject 
to the following compliance schedule:
    (i) December 1, 1975--Submit to the Regional Administrator a final 
control plan, which describes at a minimum the steps which will be taken 
by the source to achieve compliance with the applicable regulations.
    (ii) December 31, 1975--Negotiate and sign all necessary contracts 
for emission control systems or process modifications, or issue orders 
for the purchase of component parts to accomplish emission control or 
process modifications.
    (iii) January 30, 1976--Initiate onsite construction or installation 
of emission control equipment or process modification.
    (iv) May 1, 1977--Complete onsite construction or installation or 
emission control equipment or process modification.
    (v) July 1, 1977--Complete shakedown operations and performance 
tests for the applicable unit(s); achieve compliance with Kentucky 
Division of Air Pollution Regulation for sulfur dioxide sources and 
certify such compliance to the Regional Administrator. Ten days prior to 
any performance testing, notice must be given to the Regional 
Administrator to afford him the opportunity to have an observer present.
    (4) Five days after the deadline for completing increments in 
paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through 
(b)(3)(iv) of this section, certify to the Regional Administrator 
whether the increment has been met.
    (5) (i) None of the above paragraphs shall apply to a source which 
is presently in compliance with applicable regulations. The owner or 
operator of any fuel-burning facility with an aggregate heat input of 
more than 250 million BTU per hour which is presently in compliance, 
shall certify such compliance to the Regional Administrator by November 
3, 1975. The Regional Administrator may request

[[Page 686]]

whatever supporting information he considers necessary for proper 
certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.
    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Regional Administrator no later than 
December 1, 1975, a proposed alternative compliance schedule. No such 
compliance schedule may provide for final compliance after the final 
compliance date in the applicable compliance schedule of this paragraph. 
If approved by the Administrator, such schedule shall satisfy the 
requirements of this paragraph for the affected source.
    (6) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of a compliance schedule in this paragraph fails to satisfy the 
requirements of Sec. Sec.  51.261 and 51.262(a) of this chapter.

[38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40 
FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept. 
2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 
1989]