shall notify this office and the appropriate State or local air pollution control agency by telephone or telegram as promptly as possible, and in no event later than twelve (12) hours following the start of the malfunction, and shall cause written notice to be sent to the Director and the Secretary, no later than the end of the next working day following the start of such malfunction. Such notices shall specify the name of the affected facility, its location, the address and telephone number of the person responsible for the affected facility, the nature and cause of the malfunction, the date and time when such malfunction was first observed, the expected duration, and an estimate of the physical and chemical composition, rate, and concentration of the emission. FPC shall remedy the malfunction or breakdown as soon as possible thereafter and shall take reasonable steps to reduce emissions in excess of the interim emission limits during the malfunction or breakdown. The Regional Administrator shall have the authority during a breakdown or malfunction to require FPC to take specific steps to reduce emissions, including process equipment modifications and/or reductions, or termination if necessary. Within ten (10) days after the termination of a breakdown or malfunction requiring the above notification, the owner or operator shall submit:

(1) The time the excess emission began and ended;

(2) The time of the beginning and end of the breakdown or malfunction which is asserted to be the cause of the excess emission;

(3) An estimate of the physical and chemical composition, rate, and concentration of emissions which OCcurred, and where continuous monitoring is required or is in effect (including visible emission detector), the strip charts with plots of emissions monitored versus time, including a summary of the monitoring instruments' written record expressed in units of the applicable standard;

(4) An explanation and, where appropriate, an engineering analysis of the cause of the malfunction or breakdown;

(5) A description of those opera and/or maintenance procedures practices in use prior to and du the occurrence, which were desig to prevent or minimize the extent duration of the malfunction or bre down;

(6) Any other steps taken to m mize the extent or duration of malfunction or breakdown;

(7) An analysis of what steps will taken to prevent or minimize simi occurrences in the future; and

(8) Such additional information the Regional Administrator may quire.

This provision does not exempt t FPC from enforcement action as spe fied in paragraph (j) of this section, the interim emission limits are excee ed at any time.

(e) Progress reports. FPC sha submit, no later than fifteen (15) da after the end of each quarter, con mencing with the April 1, 1978 to Jur 30, 1978 quarter, a progress report fo the emission point specified in th DCO. These reports shall contain sp cific information on the progres toward each milestone in paragraph (k) of this section. If any delay is an ticipated in meeting said milestone FPC shall immediately notify the Di rector in writing of the anticipated delay and reasons therefor. Notifica tion to EPA of any anticipated delay shall not excuse the delay.

(f) Interim limits. FPC shall comply with the following interim limits prior to achieving compliance with § 172.04(6)(e) of the Air Pollution of the State of Florida.

(1) Particulate emissions from Crystal River Unit 2 shall not exceed 0.10 pound per million BTU heat input maximum 2-hour average.

(2) [Reserved]

(3) FPC as part of the control strategy shall operate, calibrate, and maintain an instrument to continuously monitor and record visible emissions from Crystal River Unit 2. Visible emissions from Crystal River Unit 2 shall be limited to 20% opacity averaged over a six-minute period recorded by the continuous opacity monitor. In the event of a malfunction of the continuous opacity monitor, opacity shall

be determined in accordance with EPA Reference Method 9 averaged over a six-minute period. The continuous opacity monitor strip charts shall be maintained by the Company and be subject to EPA review when requested.

(4) If, at any time during the effective period of this DCO, the applicable interim particulate or visible emission limits are exceeded, FPC shall immediately take all actions necessary to minimize or abate such excess emissions and to prevent the recurrence of such excess emissions; FPC shall notify the Director and Secretary of the occurrence as soon as possible, but no later than 48 hours after the start of the occurrence; and FPC shall, within 10 days after the termination of each occurrence, submit to the Director and Secretary a written report regarding the occurrence, which shall address the cause(s) of the occurrence and all efforts FPC has taken to date concerning it.

(5) In the event the continuous monitoring equipment required under Administrative Order Docket No. AO 76131(a) malfunctions or otherwise fails to operate in accordance with the requirements established in the October 6, 1975, FEDERAL REGISTER beginning on page 46254, as revised in the January 31, 1977, FEDERAL REGISTER beginning on page 5936, and any subsequent amendments thereto, FPC shall immediately take all actions necessary to correct the malfunction, or to repair or replace the Monitor, if necessary; FPC shall notify the Director and Secretary as soon as possible, but no later than forty-eight (48) hours after the start of such occurrence, and FPC shall, within 10 days after the termination of such occurrence, submit a written report to the Director and the Secretary regarding such occurrence, which report shall specify the cause of the occurrence and the actions taken by FPC to correct the occurrence and to prevent its recurrence in the future.

(6) Compliance with interim particulate emission limits shall be demonstrated periodically as required by the Director or the Secretary.

(g) Compliance responsibility. Nothing herein shall affect the responsibility of the source to comply with all ap

plicable Federal, State, or loca tions.

(h) Noncompliance respor FPC is hereby notified that fa achieve final compliance by ber 30, 1980, and maintain con thereafter, shall result in one of the actions identified in pa (j)(1) of this section. In additio compliance beyond Septemb 1980, will subject FPC to an a tratively assessed noncomplian alty pursuant to the requirem section 120 of the Act and an and regulations promulgated p thereto, unless FPC is exemp section 120(a)(2) (B) or (C) of t In the event of noncomplianc September 30, 1980, FPC will mally notified of its noncom pursuant to section 120(b)(3) Act.

(i) This Delayed Compliance shall be terminated in accordan section 113(d)(8) of the Act if ministrator determines on the after notice and hearing, that ability to comply with Florida C 17-2.04(6) no longer exists.

(j) Violation of any requiren this Delayed Compliance Orde result in one or more of the fo actions:

(1) Enforcement of such 1 ment through the commenceme civil action for injunctive reli the assessment of civil penalties ant to section 113(b) of the A criminal prosecution pursuant tion 113(c) of the Act, or both;

(2) Revocation of this Delaye pliance Order, after notice and tunity for a public hearing, and quent enforcement of Chapt 2.04(6) in accordance with secti (b) and/or (c) of the Act.

(k) Florida Power Corp. sha plete the following acts with res control of particulate emissions Crystal River Unit 2, located ne Level, Fla., on or before the specified:

(1) Completed-Submit to the tor of the Enforcement Div final control plan that descri steps which will be taken to compliance with the applicable tions.

(5) December 30, 1980-Complete shakedown operations and performance tests for particulate emissions in accordance with EPA reference methods as contained in 40 CFR Part 60, Appendix A on the emission control equipment; also achieve compliance with the Florida Air Pollution Rules, Chapter 17-2 and certify such compliance to the Director of the Enforcement Division, Region IV.

As amended, Delayed Compliance Order Docket No. DCO-78-6 issued on November 21, 1978, shall remain in full force and effect until termination by EPA.

(42 U.S.C. 7413(d)) ̧

[43 FR 54248, Nov. 21, 1978, as amended at 45 FR 73929, Nov. 1980]

§§ 55.231-55.249 [Reserved]

Subpart L-Georgia

§ 55.250 Compliance date extensions.

(a) The Administrator issues compliance date extensions to the Savannah Electric and Power Company's Port Wentworth Generating Station for Units 1, 2, and 3, located in Chatham County, Georgia, upon the following conditions:

(1) Regional Limitation. The Savannah Electric and Power Company shall comply with section 391-3-1.02(2)(d) of the Georgia Rules and Regulations for Air Quality Control on or before December 31, 1978, in accordance with the schedules below. This regulation deals with particulate emission limits for fuel-burning equipment. The Savannah Electric Power Company shall complete the following acts with respect to Units 1, 2, and 3 of its Port Wentworth Gener

and

ating Station on or before any limit specified below.

(i) Completed-Submit to the tor of the EPA Region IV En ment Division (hereafter in this graph referred to as the Directo final control plan describing the which will be taken to achieve co ance with applicable particulate sion limiting regulations for Units and 3.

(ii) December 20, 1976-Negot submit to the Director for appr and sign all necessary contracts particulate emission control ed ment or issue orders for the purc of component parts to accomplish ticulate emission control following conversion to coal at Units 1, 2, an

(iii) Completed. Initiate site prep tion toward installation of particu emission control equipment for U 1, 2, and 3.

(iv) April 1, 1978. Initiate onconstruction or installation of parti late emission control equipment Units 1, 2, and 3.

(v) December 15, 1977-Submit the Director coal contracts for coal the appropriate specifications enable compliance with all applical air pollution requirements in conjur tion with the particulate emission co trol equipment specified in paragrap (a)(1)(ii) of this section.

(vi) August 1, 1978 (Unit 1), Septer ber 1, 1978 (Unit 2), October 1, 19' (Unit 3). Complete on-site constru tion or installation of particulate emi sion control equipment and initiat use of such equipment.

(vii) October 15, 1978 (Unit 1), No vember 15, 1978 (Unit 2), December 31 1978 (Unit 3). Complete shakedow operations and performance tests or the control equipment required by thi paragraph; also, demonstrate compli ance with section 391-3-1.02(2)(d) of the Georgia Rules and Regulations for Air Quality Control and certify such compliance to the Director of the EPA Region IV Enforcement Division.

(viii) The Savannah Electric and Power Company must give the Director twenty (20) days notice before conducting any performance tests in order to afford the Director an opportunity to approve the test procedure and to have an observer present. All tests

must conform to the procedures of Method 5 set forth in Appendix A of 40 CFR, Part 60.

(2) The Savannah Electric and Power Company is required to notify the Director no later than ten (10) days after the completion of each time period as specified in this paragraph, as to whether the corresponding incremental step toward compliance has been completed. The Company must also submit status reports to the Director at six-month intervals.

(3) The units shall not, until January 1, 1979, be prohibited from burning coal which is available to such source by reason of the application of any air pollution requirement except as provided in section 119(d)(3) of the Clean Air Act (42 U.S.C. 1857c10(d)(3)).

[41 FR 55194, Dec. 17, 1976, as amended at 42 FR 56608, Oct. 27, 1977]

§§ 55.251-55.269 [Reserved]

Subpart M-Hawaii

§§ 55.270-55.289 [Reserved]

Subpart N-Idaho

§§ 55.290-55.309 [Reserved]

Subpart O-Illinois

§ 55.310 Federal administrative orders issued under Section 113(d)(5) of the Act.

ORDER

Therefore, it is hereby ORDERED that: I. Boiler No. 5 at Argonne shall achieve and demonstrate compliance with Illinois Pollution Control Board Rules 202(b), 203(g)(1)(A) and 204(c)(1)(A) in accordance with the following schedule:

A. Award contracts for the design and installation of new emission control system by October 30, 1980.

B. Initiate on-site construction by May 15, 1981.

C. Complete on-site construction by January 15, 1982.

D. Perform final compliance testing by February 15, 1982.

E. Submit results of final compliance testing and demonstrate compliance with the Illinois SIP by March 15, 1982.

II. DOE and its operating contractor shall achieve and demonstrate final compliance

with the applicable rules by pe emission tests in accordance with Part 60. DOE shall notify U.S. EP ing at least thirty (30) days in ad performing the required tests.

III. Not later than ten (10) work after any date for achievement of specified in this ORDER, DOE sh U.S. EPA in writing of its comp noncompliance with the requireme dition, progress reports shall be s to U.S. EPA on February 1, 1981 tember 15, 1981. Furthermore, if a occurs which causes or may cause a meeting any requirement containe ORDER, DOE shall immediately no EPA in writing of the delay or an delay as appropriate, describing the precise cause or causes of the d measures taken and to be taken and its operating contractor to pr minimize the delay and the time which those measures will be impl DOE and its operating contractor w all reasonable measures to avoid mize any such delay.

IV. Pursuant to Sections 113(d)(5 113(b)(7) of the Act, Boiler No. 5 at shall comply with the following in quirements. Such requirements an sary to insure compliance with the approved Illinois State Implem Plan, insofar as Boiler No. 5 is during the period in which this O in effect. If these requirements posed to be modified, such proposal published in the FEDERAL REGISTER mulgated in accordance with proced informal rulemaking:

A. Boiler No. 5 at Argonne shall coal with an ash content greater pounds ash per million BTU, and content greater than 1.3 pounds su million BTU.

B. Boiler No. 5 at Argonne shall in excess of 0.63 pounds of pa matter per million BTU and 2.39 p sulfur dioxide per million BTU.

C. DOE and its operating contract operate and maintain the existing clone of Boiler No. 5 to insure a m removal efficiency of eighty-five (85%) at total capacity.

V. DOE and its operating contract install and operate an ambient air monitoring network in the vicinity o No. 5 at Argonne from which they lect ambient air quality data as follo

A. The network shall contain mon pable of measuring 24-hour and average particulate matter concentra B. The network shall be approved EPA prior to installation and operati C. The network shall be operati the time that DOE and its operati

tractor commence use of coal in Boiler No. 5 at Argonne.

D. DOE shall keep monthly records of the air quality monitoring data from the network. Copies of these records shall be submitted within twenty (20) days of the end of each calendar month.

VI. The period of effectiveness of this ORDER shall not include any interval after U.S. EPA finds and notifies DOE that (1) a national primary ambient air quality standard for any pollutant is being exceeded in the Metropolitan Chicago Interstate Air Quality Control Region and (2) DOE has failed to submit adequate evidence showing that the requirements of Section 113(d)(5)(D)(i) through (iii) of the Act have been satisfied. During such intervals, if any, full compliance with the Illinois State Implementation Plan (excluding this ORDER) shall be required of DOE and its operating contractor, and violations by them of the Plan shall be subject to enforcement action under Section 113 of the Act.

VII. DOE and its operating contractor shall install a continuous emission monitoring and recording system for the measurement of opacity in the control device stack of Boiler No. 5 as follows:

1. Such a system shall be installed in appropriate locations, calibrated, maintained and operated in accordance with the procedures set forth at 40 CFR Part 60, Appendix B.

2. Prior to the actual installation of the continuous opacity monitoring system, DOE shall submit drawings showing the proposed locations of such equipment for U.S. EPA's review and approval.

3. The continuous monitoring devices shall be installed and calibrated, and the continuous monitoring and recording system shall be fully operational by the time that the use of coal is commenced. Monitor data from this system shall be retained by DOE's operating contractor for two years.

VIII. Nothing in this ORDER shall affect DOE's and its operating contractor's responsibility to comply with any other Federal, State or local regulations.

IX. Nothing in this ORDER shall be construed as a waiver by the Administrator of any rights or remedies under the Clean Air Act, including, but not limited to, Section 303 of the Act, 42 U.S.C. Section 7603.

X. All submissions and notifications to the U.S. EPA pursuant to this ORDER shall be made to the Chief, Air Compliance Section, U.S. EPA, Region V, 230 South Dearborn Street, Chicago, Illinois 60604. A copy of all such submissions and notifications shall be to Director, Illinois Environmental Protection Agency, 2200 Churchill Road, Springfield, Illinois 62706.

XI. DOE and its operating contractor are hereby notified that their failure to achieve

and demonstrate final compliance at E No. 5 with the applicable regulations o Illinois State Implementation Plan March 15, 1982 may result in a require to pay a noncompliance penalty under tion 120 of the Act, 42 U.S.C. 7420. Suc quirement may be imposed at an ea date, as provided by Section 113(d) and of the Act, either in the event that ORDER is terminated in accordance Section 113(d)(8) of the Act, or in the e that any requirement of this ORDER is lated, as provided in Section 113(d)(9) of Act. In any event, DOE will be formerly tified, pursuant to Section 120(b)(3) of Act and any regulations promulgated the under, of its noncompliance.

XII. This ORDER shall be effective Ja ary 27, 1981.

Dated: January 19, 1981. DOUGLAS M. COSTLE,

Administrator.

The United States Department of Ener and the University of Chicago reviewed th ORDER and believe it to be a reasonat means by which Boiler No. 5 can achie final compliance with the Illinois State I plementation Plan. The United States D partment of Energy and the University Chicago stipulate as to the correctness of a facts stated above and consent to the r quirements and terms of this ORDER. Dated: December 11, 1980.

FRED C. MATTMUELLER,

Manager/Regional Representative, Unite States Department of Energy, Chicago Oper ations and Regional Office.

Dated: December 11, 1980. WALTER E. MASSEY,

Director, Argonne National Laboratory University of Chicago.

[46 FR 8492, Jan. 27, 1981]

Subpart P-Indiana

§§ 55.330-55.349 [Reserved]

Subpart Q-lowa

§ 55.350 Compliance date extension.

(a) The Administrator issues a Compliance Date Extension to Iowa Electric Light and Power Company, Sutherland Station, Units 1, 2, and 3 (hereinafter referred to as "the sources"), located on East Main Street in Marshalltown, Iowa, upon the following conditions:

(1) Regional Limitation. Units 1, 2, and 3 shall comply with Iowa Department of Environmental Quality