--- kind: "range" citation: "40 C.F.R. §§ 51.160–51.164" title: "40" from: "51.160" to: "51.164" count: 5 url: "https://uscodex.org/cfr/40/51.160..51.164" --- # §51.160. Legally enforceable procedures. - (a) Each plan must set forth legally enforceable procedures that enable the State or local agency to determine whether the construction or modification of a facility, building, structure or installation, or combination of these will result in— - (1) A violation of applicable portions of the control strategy; or - (2) Interference with attainment or maintenance of a national standard in the State in which the proposed source (or modification) is located or in a neighboring State. - (b) Such procedures must include means by which the State or local agency responsible for final decisionmaking on an application for approval to construct or modify will prevent such construction or modification if— - (1) It will result in a violation of applicable portions of the control strategy; or - (2) It will interfere with the attainment or maintenance of a national standard. - (c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such information on— - (1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources; - (2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to make the determination referred to in [paragraph (a)](#a) of this section. - (d) The procedures must provide that approval of any construction or modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy. - (e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to review. - (f) The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart. - (1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models). - (2) Where an air quality model specified in appendix W of this part (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures set forth in [§ 51.102](/cfr/40/51.102.md). # §51.161. Public availability of information. - (a) The legally enforceable procedures in [§ 51.160](/cfr/40/51.160.md) must also require the State or local agency to provide opportunity for public comment on information submitted by owners and operators. The public information must include the agency's analysis of the effect of construction or modification on ambient air quality, including the agency's proposed approval or disapproval. - (b) For purposes of [paragraph (a)](#a) of this section, opportunity for public comment shall include, as a minimum— - (1) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality. This requirement may be met by making these materials available at a physical location or on a public Web site identified by the State or local agency; - (2) A 30-day period for submittal of public comment; and - (3) A notice by prominent advertisement in the area affected of the location of the source information and analysis specified in [paragraph (b)(1)](#b-1) of this section. - (c) Where the 30-day comment period required in [paragraph (b)](#b) of this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a comment period which is consistent with such existing requirements. - (d) A copy of the notice required by [paragraph (b)](#b) of this section must also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in which such new or modified installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in [§ 51.100(k)(2)](/cfr/40/51.100.md?p=k-2). # §51.162. Identification of responsible agency. Each plan must identify the State or local agency which will be responsible for meeting the requirements of this subpart in each area of the State. Where such responsibility rests with an agency other than an air pollution control agency, such agency will consult with the appropriate State or local air pollution control agency in carrying out the provisions of this subpart. # §51.163. Administrative procedures. The plan must include the administrative procedures, which will be followed in making the determination specified in [paragraph (a)](/cfr/40/51.160.md?p=a) of § 51.160. # §51.164. Stack height procedures. Such procedures must provide that the degree of emission limitation required of any source for control of any air pollutant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique, except as provided in [§ 51.118(b)](/cfr/40/51.118.md?p=b). Such procedures must provide that before a State issues a permit to a source based on a good engineering practice stack height that exceeds the height allowed by [§ 51.100(ii)](/cfr/40/51.100.md?p=ii) (1) or (2), the State must notify the public of the availability of the demonstration study and must provide opportunity for public hearing on it. This section does not require such procedures to restrict in any manner the actual stack height of any source.