EPA/450/3-78/053
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 252
Air Pollution Regulations in State
Implementation Plans: Arkansas
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290252
. EPA-450/3-78-053
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Arkansas
REPRODUCED 8V
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Inttntctions on the reverse before completing)
1 REPORT NO.
EPA-450/3-78-053
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Arkansas
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7 AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section llO(h)O) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, "1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS
c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
21. r
20. SECURITY CLASS (Thispage}
UnclassifiecL
22. PRICE
Aft-
EPA Form 2220-1 (9-73)
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^
EPA-450/3-78-053
*?
I
Air Pollution Regulations
in State Implementation Plans
Arkansas
V
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc . The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-053
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have bean recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act-Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the reyision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
ARKANSAS
Submlttal Date
6/27/75
Approval Date
10/5/76
Description
Revised Regulations
1-10 except Delegation
Section Number
52.177
52.178
52.181
FEDERAL REGULATIONS
Description
Indirect Source Regulation for New or Modified Sources
Public Availability of Emission Data Regulation
Prevention of Significant Deterioration Regulation
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N0£ (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.13 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
(6
Subject Index
(2.0)
(2.0)
(1.0)
(3.0)
(10.0)
(7.0)
(9.0)
.0) (51.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(10.0)
Section
Number
1
2
3
4
5
6
7
8
9
10
FEDERALLY
Section
Number
52.177
STATE REGULATIONS
Title
Title
Purpose
Definitions
Permits
Emission Limitations Applicable to
New or Modified Equipment
Upset Conditions, Revised Emission
Limitations
Page
1
1
1
3
9
11
Sampling and Monitoring Requirements 13
Compliance Schedules and Emission
Limitations
Severability
Effective Date
PROMULGATED REGULATIONS
Title
Review of New or Modified
15
35
36
Page
(14.0)
(17.0)
52.178
52.181
Indirect Sources 38
Regulation for Public Availability
of Emission Data 48
Prevention of Significant
Deterioration 49
VIM
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REGULATIONS OF
THE ARKANSAS PLAN OF IMPLEMENTATION
FOR AIR POLLUTION CONTROL
AS AMENDED JUNE 27, 1975
(420.11-2)
(2.0) SECTION 1. TITLE
The following rules and regulations of the Department of Pollution Control
and Ecology of the State of Arkansas, adopted in accordance with the
provisions of Part II of the Arkansas Water and Air Pollution Control
Act, hereinafter referred to as the "Act" (Ark. Stats. Ann. § 82-1901,
et seq.), shall be known as the Regulations of the Arkansas Plan of
Implementation for Air Pollution Control, hereinafter referred to
respectively as the "Regulations of the Plan" and "the Plan".
(2.0) SECTION 2. PURPOSE
Promulgation and enforcement of these Regulations of the Plan is intended
to meet the requirements of the Clean Air Act (42 USCA § 1857, et seq.),
as interpreted by the United States Environmental Protection Agency,
including but not limited to attainment and maintenance of the National
Ambient Air Quality Standards.
(1.0) SECTION 3. DEFINITIONS
When used in these Regulations of the Plan:
(a) "Arkansas Air Pollution Control Code" means rules and regulations
adopted by the Department of Pollution Control and Ecology of the
State of Arkansas, as amended from time to time, pursuant to and
in furtherance of the Act. Provisions of the Arkansas Air Pollu-
tion Control Code shall not be considered a part of the Plan except
for those provisions specifically described in the Plan.
(b) "Commission" means the Commission of Pollution Control and Ecology
of the State of Arkansas.
(c) "Department" means the Department of Pollution Control and Ecology
of the State of Arkansas. When reference is made in these Regula-
tions to actions taken by or with reference to the Department, the
reference is to the staff of the Department acting at the direction
of the Commission.
(d) "Director" means the director of the Department of Pollution Control
and Ecology, acting directly or through the staff of the Department.
(e) "Equipment" means any device, except equipment used for any mode
of transportation, capable of causing the emission of an air con-
taminant into the open air, and any stack, conduit, flue, duct,
vent or similar device connected or attached to, or serving the
equipment.
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(f) "Equipment used in a manufacturing process" means equipment, the
primary object of which is the treatment and/or conversion of
input materials to produce a salable or usable end product.
(g) "Flue" or "stack" means any conduit or duct arranged to conduct
an effluent to the open air.
(h) "Incinerator" mean-s all devices by which garbage, refuse, or other
combustible material is reduced in volume by a combustion process
in which the fuel/air ratio is or can be controlled so that the
remaining solid residues contain little or no combustible material.
(i) "Opacity" means the state of a substance which renders it partially
or wholly impervious to rays of light so that the substance par-
tially or wholly obscures an observer's view.
(j) "Potential Emission Rate" means the total weight rate at which par-
ticulate matter is, or in the absence of an air cleaning device,
would be, emitted from an air contamination source when such source
is operated at its maximum rated capacity. The potential emission
rate may be determined by sampling in a flue, prior to the inlet of
the air cleaning device, or by estimating the weight rate of
emissions by performing a "material balance" (difference between
process input weight and output weight) for the process or operation,
or by estimating the weight rate of emissions using estimating
techniques approved by the Commission. When a number of air con-
tamination sources (each of which is capable of being operated
individually) are manifolded together so that their emissions are
discharged to a single flue, the potential emission rate and allow-
able emission rate for each source shall be determined individually.
(k) "Smoke" means finely divided particulate matter resulting from
incomplete combustion, consisting primarily of carbon and other
combustible material.
(1) "Standard Smoke Chart" means the Ringelmann Chart, as published by
the U. S. Bureau of Mines in Information Circular 8333, dated May,
1967, photographically reduced to 1/18th in size for use in the
field, or any other method or device for grading smoke judged by
the Department to be equivalent to the Ringelmann Chart.
(m) "Standard conditions" means at a temperature of 20° Centigrade and
a pressure of 760 millimeters of mercury.
(n) "Existing equipment" means equipment which was placed in operation
prior to September 1, 1975 or for which a permit has been issued by
the Department prior to September 1, 1975.
(o) "New equipment" means all equipment other than existing equipment
as defined herein.
(p) "Construction" means fabrication, erection or installation of
equipment.
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(q) "Modification" means any physical change in, or change in the
method of operation of, a stationary source which increased the
emission rate of any pollutant for which a national standard has
been promulgated by Environmental Protection Agency or which
results in the emission of any such pollutant not previously
emitted, except that:
(i) Routine maintenance, repair, and replacement shall not
be considered a physical change, and
(ii) The following shall not be considered a change in the
method of operation.
(A) An increase in the production rate, if such increase
does not exceed the operating design capacity of the
source;
(B) An increase in the hours of operation;
(C) Use of an alternative fuel or raw material, if prior
to the effective date of a section of these regula-
tions which imposed conditions or limits modifications,
the source is designed to accommodate such alternative
use.
Unless manifestly inconsistent therwith, other words and phrases used in
these regulations shall have the same meaning as used in the Act.
(3.0) SECTION 4. PERMITS
(a) After June 30, 1975 no person shall cause or permit the construction
or modification of equipment without first obtaining a permit from
this Department pursuant to the provisions of this Section. (How-
ever, applications submitted to the Department prior to June 30,
1975 may instead be approved by the Department prior to September 1,
1975 pursuant to the provisions of the Arkansas Air Pollution Con-
trol Code provided the permitted emissions do not exceed the limita-
tions provided herein.) Application for permit shall be made on
such forms and shall contain such information as the Department may
reasonably require. Upon notice, the Director may revoke a permit
if he finds that the applicant has failed to comply fully with the
terms thereof. Revocations hereunder may be appealed to the Commis-
sion.
(b) No permit shall be granted under the Regulations of the Plan unless
the applicant shows to the reasonable satisfaction of the Director
that the equipment is designed and will be installed or modified to
operate without causing a violation of the provisions of the Regula-
tions of the Plan, without causing the National Ambient Air Quality
Standards to be exceeded, and within all regulations governing
emissions adopted by the United States Environmental Protection
Agency pursuant to provisions of the Clean Air Act.
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(c) Within 90 days of receipt by the Department of a permit applica-
tion which contains all such information as required by the
Department (unless said period is extended due to the provisions
of Subsection (d) below), the Department shall notify the applicant
in writing of its approval or disapproval of said application. If
an application is disapproved, the Department shall set forth its
objections in the notice of disapproval. Within 60 days after
service on the applicant of notice of disapproval, exclusive of
the day of service, the applicant may request the Department to
reconsider the application by answering in writing the Department's
objections to the application. The Department shall consider the
applicant's answer to its objections, and shall notify the applicant
within 90 days of its approval or denial of the application. Failure
to answer or request an extension of the notice of disapproval shall
be deemed a denial of the application. A hearing before the Com-
mission may be had on the denial, revocation or modification of a
permit, as provided in the Act.
(d) No permit application shall be finally approved or disapproved under
the provisions of the Regulations of the Plan unless the public has
first had opportunity to comment on the Department's tentative
approval or disapproval of the application. For purposes of this
subsection, opportunity for public comment shall mean the following:
(i) Availability for public inspection in at least one location
in the region in which the installation, construction or
modification is proposed to take place and in the Depart-
ment's central offices of the information submitted by the
owner or operator and the Department's analysis of the
effect of the proposed emissions on air quality.
(ii) A 30-day period for submittal of public comment.
(iii) A notice by prominent advertisement in the region in which
the installation, construction or modification is proposed
to take place. Such notice shall, as a minimum, describe
the locations at which the application and the Department's
analysis may be inspected and the procedure for submitting
public comment.
(iv) A copy of the notice required pursuant to this subsection
shall be sent to the applicant and to the following agencies
and officials:
(A) The Regional Administrator of the United States
Environmental Protection Agency.
(B) The Arkansas Department of Local Services.
(C) The Mayor of the community in which the equipment is
proposed in which to be constructed or modified.
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(D) The County Judge of the county in which the equip-
ment is proposed to be constructed or modified.
(E) Air pollution control agencies of adjoining states
if the region in which the source is to be located
is an interstate air quality control region.
(v) Public comments submitted in accordance with procedures in
the public notice described in Subsection (iii) above shall
be considered by the Department prior to making its final
decision on the application. No later than 10 days after
the close of the public comment period, the applicant may
submit to the Department a written response to any comments
submitted by the public. The Department shall consider the
applicant's response in making its final approval or dis-
approval .
(vi) The Department shall take final action on an application
within 60 days after the close of the public comment period.
The Department shall notify in writing the applicant of the
Department's final actions and the Department's reasons for
its final actions. Such notification shall be made avail-
able for public inspection in at least one location in the
region in which the source is located. Such notification
shall remain available for public inspection for at least
10 days. Thereafter, the notice may be inspected at the
Department's central office in Little Rock.
(vii) The Department may extend each of the time periods speci-
fied in this subsection as agreed to by the applicant and
the Director.
(e) When equipment relates to and is part of a secret process or method
of manufacture or production, only such part of the permit applica-
tion as relates to the direct emission of air contaminants to the
open air shall be required to be filed with the Department. In
order to comply with this subsection, an affidavit signed by an
authorized person must be filed with the permit application containing
the following information:
(i) Location of process or equipment, specifying the building
and the section or part of the building in which it is
located;
(ii) In general terms, the name and nature of the process
equipment;
(iii) Means to be employed for the control of air contaminant
emissions;
(iv) Nature and estimated rate of discharge of air contaminants
to the open air;
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(v) Dimensions, height, and location of stacks discharging
air contaminants to the open air;
(vi) Authority of the person signing the affidavit; and
(vii) A statement that the installation relates to a secret
process or method of manufacture or production.
Any information relating to secret processes, methods of manufacture
or production which may be required, ascertained or discovered by
the Department shall not be disclosed by any Department employee or
agent and shall be kept confidential. Affidavits shall be filed
with the Commission and shall be accompanied by an application for
permit containing all relevant information covering that part of
the installation, process or equipment directly emitting air con-
taminants to the open air and containing all other relevant informa-
tion except disclosure of the secret process or method of manufacture
or production. However, any information relating to the emission of
air contaminants, analysis of air quality impact and sampling or
monitoring information obtained pursuant to Section 7 shall be
available for public inspection.
(f) A permit shall not be required for the installation, alteration, or
operation of an air contaminant detector, air contaminant recorder,
combustion controller or combustion shutoff, or for any of the
following equipment:
(i) Cooling and ventilating equipment - cold storage refrigera-
tion equipment; comfort air conditioning or comfort ven-
tilating systems not designed to remove air contaminants
generated by or released from specific units or equipment;
natural draft hoods or natural draft ventilation; and
water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for
evaporative cooling of water from barometric jets or from
barometric condensers.
(ii) Cleaning, washing, and drying equipment - vacuum cleaning
systems used exclusively for industrial, commercial or
residential housekeeping purposes; equipment used for
portable steam cleaning; blast cleaning equipment using
a suspension of abrasive water and any exhaust system or
collector serving them exclusively; equipment used for
washing or drying products fabricated from metal or glass,
if no volatile organic materials are used in the process
and no oil or solid fuel is burned; and laundry dryers,
extractors or tumblers for fabric cleaned with only water
solutions of bleach or detergents.
(iii) Furnaces, ovens and heaters - natural gas-fired or liquefied
petroleum gas-fired or electrically heated furnaces for
heat-treating glass or metals, the use of which does not
involve molten materials; kilns for firing ceramic ware,
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heated exclusively by natural gas or liquefied petroleum
gas or any exhaust system or collector serving tnem ex-
clusively; blacksmith forges; crucible furnaces; pot
furnaces or induction furnaces with a capacity of 1,000
pounds or less each, in which no sweating or distilling
is conducted, nor any fluxing conducted utilizing free
chlorine, chloride and fluoride derivatives and ammonium
compounds; on-lease oil and gas heaters or heater treaters;
gas fuel and No. 1 and No. 2 fuel-oil burning equipment
used for space heating, service water heating and electric
power generation (less than 60,000 Ibs./hr. steam capacity);
fuel-burning, refuse-burning and cooking equipment used in
connection with a structure designed and used exclusively
as a dwelling for not more than four families; and bakery
ovens and confection cookers where the products are edible
and intended for human consumption, and any exhaust system
or collector serving them exclusively.
(iv) Testing and inspection equipment - laboratory equipment
used exclusively for chemical or physical analysis or
experimentation; equipment used for hydraulic or hydro-
static testing; and equipment for inspection of metal
products.
(v) Containers - dipping operations for coating objects with
oils, waxes or greases, or natural or synthetic resins
containing no organic solvents, electrolytic plating with,
electrolytic polishing of, or stripping of the following
metals; brass, bronze, cadmium, copper, iron, lead, nickel,
tin, zinc, and precious metals, storage of butane, propane
and liquefied petroleum gas, and storage of lubricating
oils.
(vi) Miscellaneous - maintenance, structural changes or repair
not involving any change in the quality, nature, or quantity
of the emission of air contaminants therefrom, portable
asphalt mix plants, equipment used for any mode of trans-
portation, internal combustion engines, vacuum pump in
laboratory or pilot plant operations, unheated solvent
dispensing containers or unheated solvent rinsing con-
tainers of 60 gallons capacity or less, portable brazing,
soldering or welding equipment, grain, metal or mineral
extrusion presses.
(vii) The following equipment and an exhaust system or collector
serving it exclusively - drop hammers or hydraulic presses
for forging or metal working, die casting machines, equip-
ment for surface preparation of metals by use of aqueous
solutions, except for acid solutions, atmosphere genera-
tors used in connection with metal heat treating processes,
equipment used exclusively for sintering of glass or
metals, but not exempting equipment used for sintering
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metal bearing ores, metal scale, clay, fly ash or metal
compounds, photographic process equipment by which an
image is reporduced upon material sensitized to radiant
energy.
(viii) To existing portable asphalt concrete plants which relocate
after June 30, 1975 provided that upon relocation the
emissions therefrom comply with the limitations of Sub-
section 8(f)(1v)(B).
(ix) To such other equipment as the Commission may specifically
exempt from the requirements of this section, provided
that, upon receipt of preliminary application, the Depart-
ment determines that:
(A) The emissions from the equipment proposed within the
application in conjunction with the emissions from
existing equipment, if any, on the site on which the
proposed new or modified equipment is to be located
do not exceed 100 tons/year potential emissions of
particulate matter; and
(B) The location and configuration of the proposed equip-
ment is such that the emissions as proposed do not
prevent the attainment or maintenance of the secondary
standard for particulate matter or the air quality
increments provided by the Regulations for the Pre-
vention of Significant Deterioration as promulgated
by the United States Environmental Protection Agency.
The applicant shall submit such information as the Department may
reasonably require to make the determinations described in Subsec-
tions (A) and (B) hereof. Copies of the application, supplemental
Information and the Commission's determination shall be made a part
of the permanent record of the applicant and shall be available for
public inspection at the Department's central office. The exemption
from the requirement of a permit granted by this subsection (ix) is
wholly conditioned on continuing compliance with the terms of the
exemption, as granted, and as set forth in paragraphs (A) and (B)
hereof. The Director may cancel an exemption granted hereunder
for failure to comply with the terms thereof. Operation of a source
subject to Section 4 hereof without an exemption having been granted,
even within the limits imposed by (A) and (B), and violation of the
limits set forth in (A) and (B), even by a source which has been
granted an exemption, shall constitute violations of these regula-
tions. Any person granted an exemption hereunder shall, nonetheless,
be subject to the requirements of Section 7 hereof.
(g) The provisions of Subsection (f) shall not apply to equipment
affected by regulations promulgated by the United States Environ-
mental Protection Agency.
-8-
-------
(h) Issuance of a permit by this Department does not relieve the
applicant of any responsibility to meet all other requirements
of these regulations.
(i) Upon completion of the installation, alteration, or replacement
of equipment for which a permit is required, and within 30 days
after the equipment has been placed in operation, the Director
shall be notified in writing. The Director may require the per-
mittee to conduct such tests as are necessary to determine whether
the equipment complies with the provisions of the permit, or the
Director may cause such tests to be made by agents of the Department.
Noncomplying equipment shall be promptly corrected by the permittee.
(j) The Director may cancel a permit if the installation or alteration
is not begun within 18 months from the date of the permit or if the
work involved in the installation or alteration is suspended for
18 months or more from the date of issuance of the permit.
(10.0) SECTION 5. EMISSION LIMITATIONS APPLICABLE TO NEW OR MODIFIED EQUIPMENT
(a) No person shall cause or permit the construction or modification of
equipment which would cause or allow applicable emission limitations
promulgated by the United States Environmental Protection Agency to
be exceeded.
(b) No person shall cause or permit the construction or modification of
equipment which would cause or allow emissions to exceed the allow-
able emission rate as shown on Figure 5(b) of this section. For
purposes of this subsection, process weight rate means the total
weight of all materials introduced over one hour into any specific
piece of equipment directly served by one or more flues or stacks
and where the concentration of emissions from such flues or stacks
are directly related to the materials introduced to the equipment.
It is intended that the above described emission limitations would
be applicable to any individual piece of equipment, whether in
series or parallel to other pieces of equipment used in the manu-
facturing process. Solid fuels charged are considered as part of
the process weight but liquid and gaseous fuels and combustion air
are not. For a cyclical or batch operation, the process weight
rate per hour is derived by dividing the total process weight by
the number of hours in one complete operation from the beginning
of any given process to the completion thereof, excluding any time
during which the equipment is idle.
-9-
-------
X)
ID
-10-
-------
(c) No person shall cause or permit the visible emissions from
equipment affected by this section to exceed the visible emission
limitations as provided in Subsection 8(e) of these Regulations.
(d) Equipment affected by emission regulations promulgated by the
United States Environmental Protection Agency shall not be affected
by the emission regulations of Subsection (b) of Section 5, but
shall, instead, be governed by said regulations of the United States
Environmental Protection Agency.
(e) The emission limitations of this section may be made more restrictive
as such limitations apply to individual pieces of equipment or to
areas of the state where the Department finds such more restrictive
limitations necessary to prevent the National Ambient Air Quality
Standards or air quality increments, as defined by the United States
Environmental Protection Agency's Regulations for the Prevention of
Significant Air Quality Deterioration, from being exceeded.
(7.0) SECTION 6. UPSET CONDITIONS, REVISED EMISSION LIMITATIONS
(a) Emissions exceeding any of the limits established by the Regulations
of the Plan as a direct result of unavoidable upset conditions in the
nature of the process, or unavoidable and unforeseeable breakdown
of any air pollution control equipment or related operating equip-
ment or as a direct result of shutdown or startup of such equipment
for necessary scheduled maintenance, shall not be deemed in violation
of these Regulations of the Plan, provided the following require-
ments are met:
(i) Such occurrence, in the case of unavoidable upset in or
breakdown of equipment, shall have been reported to the
Director within 24 hours after the occurrence.
(ii) The person responsible for such emission shall submit to
the Director, at his request, a full report of such occur-
rence, including a statement of all known causes and of
the scheduling and nature of the actions to be taken to
minimize or eliminate future occurrences, including but
not being limited to action to reduce the frequency of
occurrence of such conditions, to minimize the amount by
which said limits are exceeded and to reduce the length of
time for which said limits are exceeded.
(iii) In the case of shutdown for necessary scheduled mainten-
ance, the intent to shutdown shall be reported to the
Director at least 24 hours prior to the shutdown; provided,
however, that the exception provided by this subsection
shall only apply in those cases where maximum reasonable
effort has been made to accomplish such maintenance during
periods of non-operation of any related source operation
or where it would be unreasonable or impossible to shut
down the source operation during the maintenance period.
-11-
-------
(b) The emission limitations contained within the Regulations of the
Plan are for the purpose of assuring the attainment and mainten-
ance of the National Ambient Air Quality Standards and have been
established within the framework of information presently avail-
able to the Department. As additional and more precise information
becomes available, the emission limitations and reporting procedures
of this section may be amended as described below:
(i) In accordance with the provisions of the Clean Air Act, as
amended, and the federal regulations promulgated pursuant
to the Clean Air Act, the emission limitations and reporting
procedures of this section may be further amended and made
more restrictive where the Commission finds more restrictive
measures necessary to assure the attainment and maintenance
of the National Ambient Air Quality Standards. Depending
upon the nature of the Commission's finding, the Commission
may recommend to the administrator of the Environmental
Protection Agency that more restrictive emission limita-
tions be placed on those sources described in Sections 5
and 8 hereof or that additional sources be placed under
the requirements of this Plan by including such additional
sources and the associated emission limitations within
Section 8 hereof.
(ii) In accordance with the provisions cited in Subsection (i)
of this Subsection 6(b), the Commission may recommend to
the Administrator of the Environmental Protection Agency,
on a case by case basis, less restrictive requirements than
those provided in the Regulations of the Plan upon its
findings that the emission limitations as set forth are
physically, economically or technologically unattainable
and that full compliance with the aforecited limitations
is not necessary to assure attainment or maintenance of
the National Ambient Air Quality Standards. Such findings
shall be made upon the basis of information generally avail-
able to the Commission and the information contained within
the petition for less stringent limitations, which petition
may be filed with the Commission by the owner or operator
of a source affected by Sections 5 and 8 and which petition
shall contain such information and which petition shall be
filed as soon as the owner or operator of the source deter-
mines that full compliance cannot be achieved or that full
compliance is unnecessary for purposes of attainment of the
National Ambient Air Quality Standards.
(iii) In making determinations with respect to the provisions of
Subsection (b) hereof, the Commission shall take into con-
sideration the following factors:
(A) The process, fuels, and raw material available and to
be employed in the facility involved.
-12-
-------
(B) The engineering aspects of the application of various
types of control techniques which have been adequately
demonstrated.
(C) Process and fuel changes.
(D) The respective costs of the application of all such
control techniques, process changes, alternative
fuels, etc.
(E) Locational and siting considerations.
(iv) In no case shall the Commission recommend, approve or con-
done less stringent emission limitations than those set
forth in these Regulations where less stringent limitations
would prevent the attainment of the National Ambient Air
Quality Standards or would cause applicable air quality
increments, as provided in Subpart A, Part 52, Chapter I,
Title 40, Code of Federal Regulations, to be exceeded.
(9.0) SECTION 7. SAMPLING AND MONITORING REQUIREMENTS
(a) Sampling
(i) Any person owning or operating equipment shall, upon re-
quest, by the Director, conduct sampling to determine the
opacity, rate, composition, and/or concentration of such
emissions. Sampling shall be conducted at a frequency
and within a period of time as specified by the Director.
The sampling method shall be specified by the Director and,
further, the sampling shall be conducted so as to reflect
with reasonable accuracy characteristics of such emissions.
Any person affected by this regulation may request the
Director to approve alternate sampling techniques or other
means to determine the opacity, rate, composition, and/or
concentration of emissions. The Director may approve such
alternate methods or means if it can be demonstrated that
such alternatives will be substantially equivalent to the
sampling methods specified by the Director or the Commission.
(ii) Copies of all data, computations and results obtained under
this regulation shall be retained by the owner or operator
of a source for at least five (5) years and shall be made
available to the Commission or any members, employees or
agents thereof, during regular business hours.
(b) Sampling Ports
(i) Any person owning or operating equipment shall, upon request
of the Director, provide, in connection with each flue, a
power source near the point of testing in addition to such
sampling and testing facilities and sampling ports, includ-
ing safe and easy access thereto, exclusive of instruments
-13-
-------
and sensing devices, as may be necessary for the Deparc-
ment to determine the nature and quality of emissions
which are or may be discharged as a result of operations
of the equipment served by the flue.
Evidence and data based on these samples and calculations
may be used to substantiate violations of the Act or the
Regulations of the Plan. Agents of the Department shall
be permitted to sample the stacks during operating hours.
(c) Filing of Emissions Data
(i) Upon request by the Director, any person affected by any
Regulation of the Plan or by the Arkansas Air Pollution
Control Code shall file emissions data with the Department
on forms supplied by the Department.
(d) Sampling Procedures and Terminology
(i) Where not otherwise specified in Regulations of the Plan,
and orders of the Commission, the procedures used for
sampling air and measuring air contaminants, and the
methods of expressing the findings shall be those commonly
accepted and used in the field of air pollution control.
(e) Continuous Monitoring
(i) The Director may require the owner or operator of any air
contaminant source to install, use, and maintain such
monitoring equipment; sample such emissions in accordance
with methods as the Director shall prescribe; establish
and maintain such records; and make such periodic emission
reports as required below.
(f) Reporting General Process Information
(i) The owner or operator of any equipment shall, upon request
of the Director, supply such information, as the Director
may reasonably require and as may be necessary, to deter-
mine the impact that the operation of such equipment has,
or will have, on air quality levels. Such information shall
be made on forms made available by the Department or in a
format prescribed by the Director.
(g) Reporting Emission Data
(i) The owner or operator of any equipment shall, upon notifi-
cation by the Director, maintain records of the nature and
amount of emissions, to which an air quality control emission
regulation applies, from the source and any other information
(in addition to that data required above) as may be deemed
necessary by the Director to determine whether the source
is in compliance with applicable regulations.
-14-
-------
(ii) The information recorded shall be summarized and reported
to the Director, on forms furnished by the Director, and
shall be submitted within 45 days after the end of the
reporting period. Reporting periods are June 1 through
November 30 and December 1 through May 31 or such other
periods as the Director may specify. Information reported
to the Director shall be signed by the person responsible
for its accuracy.
(iii) Emission data obtained by the Director shall be correlated
with applicable emission limitations and other control
measures and be made available to the public during normal-
business hours.
(6.0) SECTION 8. COMPLIANCE SCHEDULES AND EMISSION LIMITATIONS APPLICABLE TO
(51,0) EXISTING EQUIPMENT
(a) The provisions of this section shall be in full effect June 30, 1975,
and are applicable only to existing equipment specifically identi-
fied in this section.
(b) No person shall cause or permit the emissions of particulate matter
from the equipment identified hereinunder to exceed the limitations
of this section and no person shall cause or permit the modification
of said equipment without first having obtained a permit from the
Department in accordance with the provisions of Section 4 of these
regulations.
(c) Owners or operators of equipment identified hereinunder shall supply
upon request of the Director such information as may be required
under the provisions of Section 7 of these regulations, information
regarding preventive maintenance, and information regarding other
maintenance, structural changes or repairs which do not otherwise
require issuance of permit by the Department.
(d) No person shall cause or permit visible emissions (other than uncom-
bined water vapor) from equipment identified hereinunder and which
was installed and in operation, or for which a permit had been
issued by the Department prior to January 30, 1972 to exceed the
following limitations:
(i) Emissions shall not exceed a density equal to or darker
than No. 2 on the Standard Smoke Chart, or an opacity
which obscures vision to a degree equal to or greater
than No. 2 will be allowed for not more than five minutes
in the aggregate in any consecutive 60 minute period, pro-
vided such emissions will not be permitted more than three
times during any 24 hour period.
-15-
-------
(e) No person shall cause or permit visible emissions (other than
uncombined water vapor) from new equipment or equipment identi-
fied hereinunder which was installed or permitted by the Department
after January 30, 1972 to exceed the following limitations or to
exceed any applicable visible emission limitations of the New
Source Performance Standards promulgated by the United States
Environmental Protection Agency:
(i) For incinerators and fuel burning equipment, exclusively,
emissions shall not exceed a density equal to or darker
than No. 1 on the Standard Smoke Chart, or an opacity
which obscures vision to a degree equal to or greater
than smoke No. 1 density, except emissions of a density
or opacity greater than No. 1, but not exceeding No. 3,
will be allowed for not more than five minutes in the
aggregate in any consecutive 60 minute period, provided
such emissions will not be permitted more than three
times during any 24 hour period.
(ii) For equipment used in a manufacturing process, emissions
shall not exceed a density equal to or darker than No. 1
on the Standard Smoke Chart or an opacity that obscures
vision to a degree equal to or greater than smoke of No.l
density.
(f) No person shall cause or permit the operation of the equipment
described below to be operated in a manner which would exceed or
violate the standards set forth hereinafter.
(i) The effective date of the following emission limitations
is June 1, 1975 or as the new sources included herein,
go into operation.
-16-
-------
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Except for the equipment identified as being served by
fabric filters, the limitations of this subsection and
Subsection (d) of this section shall not be in effect
until June 1, 1977 for the equipment located in Buildings
425 and 426 provided the following conditions are fully
met.
(A) The following increments of progress are met and
promptly reported as such increments relate to the
installation of equipment which will enable attain-
ment of the limitations of this subsection:
ACTION
(1) Date of submittal of the source's
final control plan to the Depart-
ment of Pollution Control and
Ecology;
(2) Date by which contracts for emis-
sion control systems or process
modifications will be awarded;
or date by which orders will be
issued for the purchase of compo-
nent parts to accomplish emission
control or process modification;
(3) Date of initiation of on-site
construction or installation of
emission control equipment or
process change;
(4) Date by which on-site construc-
tion or installation of emission
control equipment or process modi-
fication is to be completed;
(5) Commencement date or operation of
with emission control system in
place and functioning; and
DATE
March 1, 1975
July 1, 1975
October 1, 1975
January 1, 1977
March 1, 1977
(6) Date by which full and final com-
pliance is achieved, which compli-
ance is recognized by the filing of
a certificate of compliance with
the Department and which certificate
is based upon a sampling program
approved by the Commission.
June 1, 1977
(B) The equipment utilization, on annual average, does
not exceed the percent utilization given for each
piece of equipment as described above under CSN 630010.
For purposes of this regulation, annual equipment
-24-
-------
utilization for similar pieces of equipment serving
parallel processes located in the same building and
having identical allowable emission rates, may be
determined by computing an equivalent annual average.
An equivalent annual average is computed by summing
the number of hours which each of (N) similar pieces
of equipment is operated during a year and dividing
that sum by the product of (N) and 8,760 hours. The
owner or operator of the equipment affected by this
requirement shall maintain such records as may be
necessary to assure the Director that the equipment
utilization rates as provided above are not exceeded.
(C) The requirements of Subsection (B) above shall be
rescinded upon full attainment of the emission limi-
tations provided above for the equipment in Buildings
425 and 426.
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(ii) Stone Quarrying and Crushing Operations
(A) The requirements of this subsection shall apply to
limestone and crushing operations having a primary
crushing capacity of 300 tons per hour and to all
other stone quarrying and crushing operations having
a primary crushing capacity of 500 tons per hour.
(B) Prior to September 1, 1975, owners and operators of
quarrying and crushing operations affected by the
provisions of this subsection shall notify the Depart-
ment in writing as to the location of said quarrying
and crushing operations and shall describe the nature
of the operation, the capacity of the equipment used
at said location, and the nature and estimated effi-
ciency of air pollution control techniques employed
at said location.
(C) No person shall cause or permit the operation of a
quarrying and crushing operation affected by the pro-
visions of this subsection in a manner which would
allow excessive and unnecessary amounts of particu-
late matter to become airborne. For purposes of this
requirement, wet sprays on the inlets and outlets of
crushers, or equivalent controls, shall be considered
minimal controls necessary to prevent unnecessary
amounts of particulate matter from becoming airborne.
No quarrying or crushing facility shall be permitted
to operate in a manner which would cause visible
emissions to extend beyond the property line of the
affected facility or which would interfere with the
attainment and maintenance of the National Ambient
Air Quality Standards.
(iii) Rice and Soybean Processing Facilities
(A) The requirements of this section shall apply to
facilities known as rice mills and soybean processing
plants. It is not intended that these regulations
apply to facilities designed for the drying and
storage of rough rice or soybeans.
(B) No person shall cause or permit the operation of
facilities affected by the provisions of this sub-
section in a manner which would allow the emission
of particulate matter from said facilities to exceed
1.5 pounds for each ton of rice or soybeans processed.
(iv) Asphalt (Mix) Concrete Plants
(A) No person shall cause or permit the operation of an
asphalt concrete plant, constructed or modified after
-34-
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June 11, 1973, to exceed the Standards of Per-
formance for New Stationary Sources (40 CFR 60.90)
as promulgated by the United States Environmental
Protection Agency.
(B) After June 1, 1976, no person shall cause or permit
the operation of an asphalt concrete plant, constructed
or modified prior to June 11, 1973, except as specified
herein. Prior to commencement of operation at any
location, the owner or operator shall notify the
Director in writing of the location of the asphalt
concrete plant, stating the capacity of the plant,
the control equipment to be used and the expected
rate of emissions. Upon receipt of such notification,
the Director may authorize the operation as proposed
by said owner or operator or may require, where the
plant is proposed to be operated in areas of high
population density or areas in which the National
Ambient Air Quality Standards are threatened, more
stringent controls than proposed by said owner or
operator. In no case, however, shall the Director
approve or authorize the operation of an asphalt
plant from which the emissions exceed 100 Ibs./hr.
or 1000 Ibs./day.
(C) Routine maintenance, repair and replacement, relocation
of a portable plant, change of aggregate, and transfer
of ownerships are not considered modifications which
would require a plant which was constructed prior to
June 11, 1973 to comply with the provisions of sub-
section (A) of this subsection.
(D) Portable asphalt concrete plants which relocate after
June 30, 1975 shall, upon said relocation, comply
fully with the provisions of subsection (B) of this
subsection.
(E) Except as provided by the provision of subsection (B)
of this subsection, portable asphalt concrete plants
which were constructed or modified prior to June 11,
1973 shall not be affected by the visible emission
limitations of the Regulations of the Plan.
(2.0) SECTION 9. SEVERABILITY
If any provision of the Regulations of the Plan or the application thereof
to any person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of the Regulations of the Plan
which can be given effect without the invalid provision or application,
and to this end the provisions of the Regulations of the Plan are declared
to be severable.
-35-
-------
(2.0) SECTION 10. EFFECTIVE DATE
These Regulations of the Plan shall be in full force and effect as
of June 30, 1975.
-36-
-------
FEDERALLY PROMULGATED
REGULATIONS
-37-
-------
(10.0) 52.177 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources Include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
-38-
-------
(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-39-
-------
(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-40-
-------
(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
-41-
-------
(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
-42-
-------
published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to th« applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county, any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(14.0) 52.178 Regulation for Public Availability of Emission Data
(b) Regulation for public availability of eirissior data.
(1) Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions from
any source subject to emission limitations which are part of
the approved plan may request that the appropriate Regional
Administrator obtain and make public such data. Within 30
days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and
amounts of emissions from such source and any other information
as may be deemed necessary by the Regional Administrator to
determine whether such source is in compliance with applicable
emission limitations or other control measures that are part
of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l) of this section,
the owner or operator of the source shall maintain records of
the nature and amounts of emissions from such source and any
other information as may be deemed necessary by the Regional
Administrator to determine whether such source is in compliance
with applicable emission limitations or other control measures
that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Reporting
periods are January 1-Oune 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall
be retained by the owner or operator for 2 years after the date
on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations
and other control measures that are part of the applicable plan
and will be available at the appropriate regional office and at
other locations in the state designated by the Regional Admin-
istrator.
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(17.0) 52.181 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate natter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to" concentrations" of "ba'rti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
.requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency5 for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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