EPA/450/3-78/081
U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 280
Air Pollution Regulations in State
Implementation Plans: New Mexico
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States Office of Air Quality EPA-450/3-78-081
Environmental Protection Planning and Standards August 1978
Agency Research Triangle Park NC 27711
Air ~ ~
Air Pollution Regulations
in State Implementation
Plans:
New Mexico
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1 REPORT NO.
EPA-450/3-78-081
4. TITLE ANOSUBTITLE
Air Pollution Regulations in State Implementation i
Plans: New Mexico
7 AUTHOR(S)
3. RECIPIENT'S ACCESSION-NO.
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
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
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
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 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.
17.
a
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page/
Unclassi fi pd
22. PRICE /.>£.
fl
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EPA-450/3-78-081
-X
Air Pollution Regulations
in State Implementation Plans
New Mexico
by
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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'I'llis report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number ol
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-450/3-78-081
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 been 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 promulgatad 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 vyidely 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 revision
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
QJL
ERA-APPROVED REGULATION CHANGES
NEW MEXICO
Submittal Date
3/7/72
7/31/72
10/3/75
11/6/75
Approval Date
5/31/72
5/14/73
8/17/76
10/4/77
Description
Revised Regs. 506, 507,
604, 605, 606, 651, 652
Revised Regs. 702, 703,
704, 705
Revised Reg. 602 except
602B(2) and (3)
Revised Regs. 100, 705;
New Reg. 706
Section Number
52.1623
52.1628
52.1634
FEDERAL REGULATIONS
Description
Public Availability of Emissions Data Reg.
Indirect Source Regulation
Prevention of Significant Deterioration Reg.
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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)
51.18 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
STATE REGULATIONS
Revised Standard
Subject Index
(1.0)
(2.0)
(4.0)
(51.13)
(50.1.2)
(51.20)
(50.1)
(51.8)
(51.3)
(51.3)
(51.5)
(51.21)
(51.21)
(51.5)
(51.14)
(51.6)
(51.7)
Regulation
Number
100
200
201
301
401
402
500
501
502
503
504
505
506
507
601
602
604
Title
Definitions
Preamble
Ambient Air Quality Standards
Regulation to Control Open Burning
Regulation to Control Smoke
Regulation to Control Wood Waste
Burners
Regulations Governing Emission of
Particulate Matter
Asphalt Process Equipment
Cement Kilns
Gypsum Processing Plants
Particulate Emissions from Coal
Burning Equipment
Pumice, Mica and Perlite Process
Equipment
Non-ferrous Smelters - Particulate
Matter
Oil Burning Equipment - Particulate
Matter
Regulation Governing Emission from
Kraft Mills
Coal Burning Equipment - Sulfur
Dioxide
Gas Burning Equipment - Nitrogen
Page
1
4
5
6
8
9
9
9
11
11
11
13
14
14
14
14
16
Dioxide
VIII
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Revised Standard
Subject Index
(51.6)
(51.7)
(51.18)
(51.11)
(5.0)
(3.0)
(3.0)
(9.0)
(6.0)
(18.0)
(7.0)
(4.0)
(9.0)
(2.0)
(2.0)
(2.0)
Regulation
Number
605
606
651
652
701
702
703
704
705
706
801
901
1001
1101
1201
1301
Title
Oil Burning Equipment - Sulfur
Dioxide
Oil Burning Equipment - Nitrogen
Dioxide
Sulfuric Acid Plants - Sulfur
Non-Ferrous Smelters - Sulfur
Procedure for Requesting a
Variance—Hearing
Permits
Registration of Air Contaminant
Sources
Source Surveillance
Schedules of Compliance
Air Quality Maintenance Areas
Upset, Breakdown or Scheduled
Maintenance
To Control Emissions Leaving
New Mexico
Sampling Equipment
Severability
Effective Date
Conflicts
Page
17
17
17
18
18
22
25
28
28
32
32
33
33
33
33
33
ALBUQUERQUE-BERNALILLO COUNTY REGULATIONS
Revised Standard
Subject Index
(i.o)
(51.13)
(51.9)
Section
Number
1
2
3
Title
Definitions
Open Burning
Incinerators
Page
34
37
37
IX
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Revised Standard
Subject Index
(50.1.2)
(51.1)
(12.0)
(50.1)
(12.0)
(50.1.1)
(51.21)
(51.8)
(50.14)
(50.4)
(7.0)
(3.0)
(3.0)
(3.0)
(2.0)
(15.0)
Revised Standard
Subject Index
(14.0)
(10.0)
Section
Number
4
5
6
7
7.02
8
8.02
8.03
9
10
11
12
12.03
13
14
FEDERALLY
Section
Number
52.1623
52.1628
Title
Visible Air Contaminants
Orchard Heaters
Motor Vehicle Air Pollution
Emission Control Devices
Dust, Sand, Particulates
Unpaved Roads
Process Equipment
Gypsum Cookers
Asphaltic Batch Plants
Kraft Mills
Control of Hydrocarbons
Upset, Breakdown or Scheduled
Maintenance
Authority to Construct
Fees - Authority to Construct
Annual Inspection and Registration
Administration and Enforcement
PROMULGATED REGULATIONS
Title
General Requirements
Review of New or Modified
Page
38
39
40
40
40
43
44
44
45
45
46
47
47
49
51
Page
54
55
(17.0)
Indirect Sources
52.1634 Prevention of Significant
Deterioration
65
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(1.0) 100. DEFINITIONS. -- As used in these regulations:
A. "board" means the environmental improvement board;
B. "department" means the environmental improvement agency;
C. '' "director" means the director of the environmental improvement
agency;
D. "person" means any individual, partnership, firm, public or
private corporation, association, trust, estate, political subdivision
or agency, or any other legal entity or their legal representatives,
agents or assigns;
E. "hydrogen sulfide" means the chemical compound containing two
atoms of hydrogen and one of sulfur which as a gaseous air contaminant may
be determined by the methylene blue method for total sulfides as described
and published in the article in the periodical Analytical Chemistry,
Volume 29, No. 9, September 1957, pages 1349-1351 entitled, "Ultramicro-
determination of sul fides in Air," published by the American Chemical
Society, 20th & Northampton Street, Easton, Pennsylvania, or determined
by any other method that provides equal or greater precision.
F. "sulfur dioxide" means the chemical compound containing one
atom of sulfur and two of oxygen which as a gaseous air contaminant may
be determined by the West and Gaeke Method as described and published in
the article in U.S. Public Health Service Publication No. 999-AP-11.
May 1965, entitled "Selected Method for the Measurement of Air Pollutants"
pages A-l through A-5, as published by the Publication Office of the
Robert A. Taft Sanitary Engineering Center, Cincinnati, Ohio, or determined
by any other method that provides equal or greater precision. Sulfur
dioxide includes other oxides of sulfur, such as sulfur trioxide, which may
test as sulfur dioxide;
G. "carbon monoxide" means the chemical compound containing one
atom of carbon and one of oxygen which as a gaseous air contaminant may
be determined by the nondispersive infrared method described in Appendix C
of the Federal Register, Volume 36, No. 21, Saturday, January 30, 1971,
pages Ib09-15l0, or determined by any other method that provides equal
or greater precision;
H. "nitrogen dioxide" means the chemical compound containing one
atom of nitrogen and two of oxygen which as a gaseous air contaminant may
be determined by the Saltzman Method as described and published in
"Selected Methods for the Measurement of Air Pollutants," U.S. Public
Health Service Publication No. 999-AP-11, May 1965, Pages C-l through
C-7, published by the Publication Office of the Robert A. Taft Sanitary
Engineering Center, Cincinnati, Ohio, or determined by any other method
that provides equal or greater precision. Nitrogen dioxide includes
other oxides of nitrogen, such as nitric oxide, which may test as
nitrogen dioxide;
I. "photochemical oxidants" means that gaseous air contaminant
determined by the neutral Buffered-Potassium Iodide method as described
-1-
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and published in "Selected Methods for the Measurement of Air Pollutants,"
U.S. Public Health Service Publication No. 999-AP-ll, May 1965, pages D-l
through D-5, published by the Publication Office of the Robert A. Taft
Sanitary Engineering Center, Cincinnati, Ohio, or determined by any other
method that provides equal or greater precision;
J. "hydrocarbons" means that gaseous air contaminant, expressed as
methane equivalents, determined by the flame ionization method and corrected
for methane in the sampled air, described in Appendix E of the Federal
Register, Volume 36, No. 21, Saturday, January 30, 1971, pages 1512-1513,
or determined by any other method that provides equal or greater precision;
K. "heavy metal" means any metal having an atomic number greater
than 21;
L. "asbestos" includes chrysotile, crocidolite, amosite, anthophy-
lite, tremolite and actinolite;
M. "total reduced sulfur" means any combination of sulfur compounds,
except sulfur dioxide and free sulfur, which test as total reduced sulfur,
including but not limited to hydrogen sulfide, methyl mercaptan, and ethyl
mercaptan;
N. "total suspended particulate" means that airborne particulate
matter determined by the methods described and published in the article
in the Journal of the Air Pollution Control Association, Volume 17, No. 1,
January 1967, pages 17-25 entitled "Recommended Standard Method for Atmos-
pheric Sampling of Fine Particulate Matter by Filter Media-High-volume-
Sampler", as published by the Air Pollution Control Association, 4400 Fifth
Avenue, Pittsburgh, Pennsylvania, or determined by any other method that
provides equal or greater precision;
0. "cons" means coefficient of haze units used in expressing
soiling index;
P. "soiling index" means the index of airborne particulates expres-
ed in cons determined by the monitoring and light transmission methods des-
cribed in the article in the Journal of Air Pollution Control Association,
Volume 13, No. 9, September 1963, pages 397-402, entitled "Recommended
Standard Method for Continuing Air Monitoring for Fine Particulate," as
published by the Air Pollution Control Association, 4400 Fifth Avenue,
Pittsburgh, Pennsylvania;
Q.. "lead" means that particulate air contaminant determined by the
method described and published in the article in the American Industrial
Hygiene Association Journal, September-October, 1963, pages 481-491,
entitled "The U.S. Public Health Service Method for Determination of Lead
in Air and Biological Materials," as published by the American Industrial
Hygiene Association, 25711 Southfield Road, Southfield, Michigan, and
analyzed by atomic absorption spectrophotometry, or determined by any
other method that provides equal or greater precision;
R. "particulate matter" means any airborne material except
uncombined water which is often, but not always, suspended in air or other
-2-
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gases at atmospheric temperature and pressure;
S. "ppm" means parts per million by volume;
T. "ug/m^" means micrograms per cubic meter;
U. "mg/m3" means milligrams per cubic meter;
V. "fugitive dust" means solid airborne particulate matter emitted
as a result of the processing operation from any source, including waste
piles, other than a flue;
W. "Kraft pulp" means the fibrous cellulose material produced in a
Kraft mill;
X. "Ringelmann scale" means the grading of opacity, appearance,
density or shade of a smoke emission, as described in the text Air
Pollution, Volume II, Chapter 29, pages 537-560, by Paul W. Purdom,
2nd edition, 1968 (A. C. Stern, editor);
Y. "schedule of compliance" means a schedule or timetable
acceptable to the board, which clearly sets out in detail the steps to
be taken in achieving the objectives of a regulation or standard;
Z. "smoke" means small gas-borne particles resulting from incom-
plete combustion, consisting predominantly, but not exclusively, of
carbon, soot and combustible material;
AA. "wood waste burner" means any device used for disposing of
wood wastes including but not limited to a wigwam type burner;
BB. "flue" means any duct for air, gases or the like, such as a
stack or chimney; and
CC. "open burning" means any manner of burning, not in a device or
chamber designed to achieve complete combustion, where the products of
combustion are emitted, directly or indirectly, into the open air.
DD. "gasification plant" means a plant that manufactures synthetic
gas and includes: all process gas streams and products produced in the
gasification process; all operations associated with treatment of gasifica-
tion products; ash removal equipment; regeneration of any absorbent or
oxidizing agents (and any off gases so produced) used in the treatment or
removal of products produced in the gasification process; catalyst regene-
ration; storage facilities for liquids, solids and gases; and pretreatment
of coal. Gasification plant does not include the coal preparation plant,
the sizing and briqueting of coal or any process gas streams after the
streams enter a boiler and undergo combustion;
EE. "existing petroleum processing facility" means any petroleum
refinery or natural gas processing plant the fabrication, erection, or
installation of which was commenced prior to July 1, 1974. It does not
include tank batteries, separators, heater-treaters or field compressors;
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FF. "new petroleum processing facility" means any petroleum refinery,
natural gas processing plant, or part thereof, the fabrication, installation,
or modification of which is commenced on or after July 1, 1974. It does not
include tank batteries, separators, heater-treaters or field compressors;
GG. "existing petroleum refinery" means a petroleum refinery the
fabrication, erection or installation of which was commenced prior to July
1, 1974, and includes all vessels, boilers, heaters, condensers, cracking
units, regeneration units, sour water strippers, wastewater separators,
storage and loading facilities, sulfur recovery facilities, flares and
other facilities inter-connected in their processing operations and used
in the processing of crude oil, condensate, pentanes, butanes, or similar
substances for the purpose of producing gasoline, fuel oil, jet fuel, diesel,
asphalt or similar substances. Petroleum refinery does not include natural
gas processing plants;
HH. "new petroleum refinery" means a petroleum refinery or part there-
of the fabrication, erection, installation or modification of which is com-
menced on or after July 1, 1974, and includes all vessels, boilers, heaters,
condensers, cracking units, sweetening units, regenerating units, sour water
strippers, wastewater separators, storage and loading facilities, sulfur
recovery facilities, flares and other facilities inter-connected in their
processing operations and used in the processing of crude oil, condensate,
pentanes, butanes or similar substances for the purpose of producing gaso-
line, fuel oil, jet fuel, diesel, asphalt or similar substances. Petroleum
refinery does not include natural gas processing plants;
II. "existing natural gas processing plant" means a natural gas
processing plant the fabrication, erection or installation of which was
commenced prior to July 1, 1974, and includes all vessels, boilers, heaters,
compressors (engines and turbines), sweetening and regenerating units,
dehydration units, piping, storage and loading facilities, sulful recovery
facilities, flares and any other facility connected with the processing or
storage of field gas, sour residue gas, and other hydrocarbons associated
with field gas; and
JJ. "new natural gas processing plant" means a natural gas processing
plant or part thereof the fabrication, erection, installation or modifica-
tion of which is commenced on or after July 1, 1974, and includes all
vessels, boilers, heaters, compressors (engines and turbines), sweetening
and regenerating units, dehydration units, piping, storage and loading
facilities, sulfur recovery facilities, flares and any other facility
connected with the processing or storage of field gas, sour residue gas
and other hydrocarbons associated with field gas.
(2.0) 200. Preamble
Ambient Air Quality Standards are not intended to provide a sharp
dividing line between air of satisfactory quality and air of unsatisfactory
quality. Ihey are, however, numbers which represent objectives that will
preserve our air resource.
T4-
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It is understood that at certain times, due to unusual meteorological
conditions, these standards may be exceeded for short periods of time without
the addition of specific pollutants into the atmosphere. The adoption of
these statewide ambient air quality standards does not prohibit the promul-
gation of standards for specific areas, functions, and conditions within the
state such as air sheds, municipalities, and certain counties, as authorized
under the Act.
As scientific data accumulates on the effects of a contaminant, these
standards may be revised or additional standards added.
(4.0) 201. Ambient Air Quality Standards
A. The maximum allowable concentrations of total suspended particu-
late in the ambient air are as follows:
Maximum Concentration
1. 24 hour average 150 ug/m3
2. 7 day average 110 ug/m3
3. 30 day average 90 ug/m3
o
. 4. annual geometric mean 60 ug/nr
B. When one or more of the following elements are present in the
total suspended particulate, the maximum allowable concentrations of the
elements involved, based on a thirty day average, are as follows:
Maximum Concentration
1. beryllium 0.01 ug/m3
2. asbestos 0.01 ug/m3
3. heavy metals (total combined) 10 ug/m3
C. The maximum allowable concentrations of the following air
contaminants in the ambient air are as follows:
Maximum Concentration
1 . sul fur dioxide
(a) 24 hour average 0.10 ppm
(b) annual arithmetic average 0.02 ppm
2. hydrogen sulfide (1 hour average) 0.003 ppm
3. total reduced sulfur (1 hour average) 0.003 ppm
-5-
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Maximum Concentration
4. carbon monoxide
(a) 8 hour average 8.7 ppm
(b) 1 hour average 13.1 ppm
5. nitrogen dioxide
(a) 24 hour average 0.10 ppm
(b) annual arithmetic average 0.05 ppm
6. photochemical oxidants (I hour 0.06 ppm
average)
7. non-methane hydrocarbons 0.19 ppm
(3 hour average)
D. On an annual average, the soiling index shall not exceed
0.4 coh/1000 linear feet of air.
(51.13) 301. Regulation to Control Open Burning
A. Except as otherwise provided in this regulation, no person
shall permit, cause, suffer or allow open burning.
B.
1. Open burning is permitted for recreational and ceremonial
purposes, for barbecuing, for heating purposes in fireplaces, for the non-
commercial cooking of food for human consumption and for warming by small
wood fires at construction sites.
2. Open burning of natural gas is permitted at gasoline plants
and compressor stations and when used or produced in drilling, completion
and workover operations on oil and gas wells when necessary to avoid serious
hazard to safety.
3. Open burning of explosive materials is permitted where the
transportation of such materials to other facilities could be dangerous.
C. Subject to the conditions contained in Subsection E, open
burning of refuse is permitted in communities having:
1. a population of less than 3000; and
2. no public refuse collection service or the economic means
of obtaining or establishing one.
Subsection C does not apply to any kind of salvage operation or to
any person to whom a collection service is available.
D. Subject to the conditions contained in Subsection E, open
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burning is permitted for the following purposes:
1, disposal of fully dried tumbleweeds; and
2. agricultural management, excluding timber, directly related
to the growing or harvesting of crops.
E. Any open burning permitted under Subsections C and D must bs
maintained under the following conditions:
1. the emission of smoke shall not be allowed to pass onto or
across a public road or landing strip such that a hazard is created by
impairment of visibility;
2. no natural or synthetic rubber or petroleum products may
be burned. For the purpose of frost control in agricultural operations,
natural petroleum products may be burned;
3. care must be taken to minimize the amount of dirt on the
material being burned;
4. all burning, except agricultural burning, must take place
between the hours of 10:00 a.m. and 4:00 p.m.;
5. the material to be burned must be as dry as possible; and
6. the wind direction at the site of agricultural burning must
be such that the smoke will generally be carried away from areas of human
habitation.
F. Subject to whatever conditions the department may impose, open
burning is permitted for the following purposes when a permit is obtained
from the department: weed abatement; prevention of fire hazards; disposal
of dangerous materials; instruction and training of bona fide fire-fighting
and fire rescue personnel; civil defense; conservation; game management;
disease and pest control; land clearance for highway construction; forestry
management; control of vegetation in irrigation ditches and canals; clearance
and maintenance of watercourses and flood control channels to eliminate flood
hazards; disposal of hydrocarbons spilled or lost from pipeline breaks or
other transport failure; and other special circumstances.
G. A permit to burn shall not be issued if the department determines
that:
1. a practical alternative to burning exists;
2. the health or welfare of any other person may be detri-
mentally affected; or
3. ambient air quality of other property may be detrimentally
affected.
H. Any person seeking a permit to open burn shall do so by submit-
ting a request to the Air Quality Control Unit of the department. The
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department may require the requestor to submit his request in writing and
any or all the following information:
1. the requestor's name, address and telephone number;
2. the location where the burning is to be conducted;
3. the type and quantity of material to be burned;
4. the date when the burning is to be conducted;
5. the methods that will be followed to ignite, maintain and
control the burning;
6. reasons why the requestor believes the burning is necessary
and
7. the alternatives to burning and the reasons why the
requestor believes them not to be feasible.
(50.1.2) 401. Regulation to Control Smoke
A. hxcept as provided in Regulations 301 and 402 and the remainder
of this regulation, no person shall permit, cause, suffer or allow the emis-
sion into the open air of any smoke having a density or shade greater than
#1 on the Ringelmann scale for a period or periods aggregating more than one
minute in any consecutive thirty minute period.
B. No person shall permit, cause, suffer or allow the emission into
the open air of any smoke having a density or shade greater than #1.5 on
the Ringelmann scale for any period greater than ten seconds from any diesel-
powered vehicle operating below 8,000 feet (mean sea level).
C. No person shall permit, cause, suffer or allow the emission
into the open air of any smoke having a density or shade greater than #2
on the Ringelmann scale for any period greater than ten seconds from any
diesel-powered vehicle operating above 8,000 feet (mean sea level).
D. This regulation does not apply to:
1. emissions from diesel-powered vehicles if the emissions
are a direct result of a cold engine start-up;
2. off-highway, diesel-powered vehicles operating in non-
urban areas; and
3. oil well drilling rigs and oil well servicing rigs.
E. No person shall permit, cause, suffer or allow the emission
into the open air of any smoke having a density or shade greater than
rl on the Ringelmann Scale for any period greater than ten seconds from
any diesel-powered locomotive operating below 8,000 feet (mean sea level).
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F. No person shall permit, cause, suffer or allow the emission
into the open air of any smoke having a density or shade greater than
£2 on the Ringelmann scale for any period greater than ten seconds from
any diesel-powered locomotive:
1. operating above 8,000 feet (mean sea level); or
2. involved in switching and railroad yard use.
G. This regulation does not apply to emissions from diesel-
powered locomotives if the emissions are a direct result of a cold engine
start-up.
(51.20) 402. Regulation to Control Wood Haste Burners
A. Emissions from wood waste burners existing on July 1, 1970,
shall not equal or exceed #2 on the Ringelmann scale; or at the discretion
of the board, in lieu of Ringelmann measurement, a grain loading of 0.2
grains per standard cubic foot of exhaust gas shall not be equaled or
exceeded.
B. Emissions from wood waste burners constructed after July 1,
1970, shall not equal or exceed #1 on the Ringelmann scale; or at the
board's discretion, in lieu of Ringelmann measurement, a grain loading
of 0.1 grains per standard cubic foot ot exhaust gas shall not be
equaled or exceeded.
C. After midnight, December 31, 1974, emissions from all wood
waste burners shall not equal or exceed #1 on the Ringelmann scale; or
at the discretion of the board, in lieu of Ringelmann measurement, a
grain loading of 0.1 grains per standard cubic foot of exhaust gas shall
not be equaled or exceeded.
D. The temperature of the exiting gases from a wood waste burner
shall be not lower than that required to meet the operational requirements
of Subsections A, B and C of this section. Each wood waste burner must be
equipped with devices which continuously measure and record the temperature
of exiting gases of the burner. The temperature measuring device shall be
located within three (3) feet of the top of a wood waste burner at a hori-
zontal position 90° either side of the waste induction feed mechanism.
The owner or operator of the wood waste burner must maintain the records
of the temperature recording device for such time and in such manner as the
department may require.
E. The operational requirements of Subsections A, B and D do not
apply during the first sixty minutes of the daily operation of a wood
waste burner.
(59.1) 500. Regulations Governing Emission of Particulate Matter
(bl.8) 501. Asphalt Process Equipment
A. No person owning or operating asphalt process equipment shall
permit, cause, suffer or allow particulate matter emissions to the
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atmosphere in excess of the maximum amounts specified in the following
table:
Maximum
Aggregate Process Rate Stack Emission Rate
Pounds Per Hour Pounds Per Hour
10,000 10
20,000 15
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 47
600,000 & above 50
B. When the process rate is between any two consecutive process
rates in the table, the maximum stack emission rate is determined by
interpolation. Where a plant or operation has more than one stack, the
maximum stack emission rate applies to the total of the emissions from
all stacks.
C. No person owning or operating asphalt process equipment shall
operate the equipment without a fugitive dust control system. The fugitive
dust control system shall be operated and maintained so that all particulate
emissions are limited to the stack outlet.
D.
1. Upon request, the department, by written permit, may
suspend the operational requirements of Subsections A, B and C of this
regulation for portable asphalt process equipment to be operated tem-
porarily in rural areas. A permit shall not be issued for any period
exceeding ninety operating days, but may be renewed when reasonably
necessary for completion of a project. A written request that has not
been acted upon within ten days after its receipt shall be deemed granted.
2. In making its decision on a petition, the department shall
give weight it deems appropriate to all facts and circumstances, including
but not limited to:
(a) character and degree of injury to, or interference with
health, welfare, visibility and property;
(b) the oublic interest, including the social and economic
value of the sources and subjects of the air contaminants involved; and
(c) technical practicability and economic reasonableness
of complying with this regulation.
3. The department may require the requestor to submit his
request in writing and any or all of the following information:
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(a) requestor's name, address and 'telephone number;
(b) nature of the project and the location where the
unit is to be operating;
(c) the proposed length of time of operation;
(d) the aggregate process rate (pounds per hour) of the
equipment to be utilized: and
(e) reasons why the requestor believes the suspension of
the operational requirements is necessary.
E. As used in this regulation, "rural area" means any area five or
more miles from a community of more than fifty people and one or more miles
from any residence.
(51.3) 502. Cement Kilns
No person operating or utilizing cement kilns shall permit, cause,
suffer or allow particulate matter emissions in excess of the 230 mg/m^
of exhaust gas.
(51.3) 503. Gypsum Processing Plants
No person operating or utilizing equipment for gypsum processing
shall permit, cause, suffer or allow particulate matter emissions in
excess of 690 mg/m3 of exhaust gas.
(51.5) 504. Particulate Emissions from Coal Burning Equipment
A. Emissions of particulate matter from coal burning equipment
which prior to the effective date of these Regulations were in operation
or in the process of construction and which were designed to meet the
following maximum emission standards shall not exceed Table II. Operators
of such equipment shall have ninety days following the effective date
of this regulation to file an acceptable schedule of compliance with the
Board, or its authorized representative, to insure that by a time specified
in the schedule, all coal burning equioment will not exceed emission limits
established under Table III, part B, of this regulation. In the event
no schedule of compliance is filed or no acceptable schedule of compliance
is filed, then the coal burning equipment shall comply with Table III by
midnight December 31, 1973.
TABLE II
Maximum Allowable Emissions
Heat Input in Million of Particulate Matter in
British Thermal Units Pounds Per Million British
Per Hour Thermal Units Input Per Hour
30 or less 0.70
31 or larger 0.50
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B. Emissions of particulate matter from other coal burning equip-
ment shall not exceed the maximum allowable emissions set forth in the
following Table III, except that coal burning equipment in operation or
in the process of construction at the effective date o,f these regulations
and which do not meet the criteria set out in (A) above, shall comply with
Table III by midnight December 31, 1971. Operators of such equipment
shall have ninety days following the effective date of these regulations
to file an acceptable schedule of compliance with the Board of its autho-
rized representative, to insure that this equipment shall be in compliance
with emission limits established in Table III by midnight December 31, 1971.
TABLE III
Maximum Allowable Emissions
Heat Input in Million of Particulate Matter in
British Thermal Units Pounds per Million British
Per Hour Thermal Units Input Per Hour
10 0.56
20 0.48
30 0.43
40 0.40
50 • 0.38
70 0.35
100 0.33
200 0.28
300 0.25
400 0.23
500 0.22
700 0.20
1000 0-190
2000 0.172
3000 0.162
5000 0.150
7500 0.141
10000 0.135
In lieu of Table III, emissions may be calculated by the following
formul as:
E = Particulate emissions
I = Total Heat Input (in units of BTU's x 106/hr.)
When I = 1 to 1000 then
E = 0.96135r°-23471
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When I = 1,000 to 20,000 then
E = 0.524311
C. Particulate matter emissions shall be determined by the method
described in the American Society of Mechanical Engineers Power Test Code
PTC 27-1957, entitled "Determining Dust Concentration in a'Gas Stream,"
published by the American Society of Mechanical Engineers, 345 East 47th
Street, New York, New York.
(51.21) 505. Pumice. Mica and Perlite Process Equipment
A. No person owning or operating pumice, mica or perlite process
equipment shall permit, cause, suffer or allow particulate matter emissions
to the atmosphere from a stack or stacks in excess of the maximum amounts
specified in the following table:
Maximum
Process Rate Stack Emission Rate
Pounds Per Hour Pounds Per Hour
10,000 10
20,000 15
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 47
600,000 & above 50
B. When the process rate is between any two consecutive process
rates in the table, the maximum stack emission rate is determined by
interpolation. Where an operation has more than one stack, the maximum
stack emission rate applies to the total of the emissions from all stacks.
C. Within technical feasibility, all particulate matter emissions
to the atmosphere resulting directly from the operation of pumice, mica or
perlite process equipment shall be limited to the stack outlet or outlets.
Particulate matter emissions not governed by this subsection are governed
by Subsection D .
D. No person owning or operating pumice, mica or perlite process
equipment shall permit, cause, suffer or allow any material to be handled,
transported, stored or disposed of, or a building or road to be used, con-
structed, altered or demolished without taking reasonable precautions to
prevent particulate matter from becoming airborne.
E. As used in this regulation, "Process Weight" means the total
of all materials including solid fuel but not including liquid or gaseous
fuel or combustion air introduced into any specific process. The process
rate per hour is derived by dividing the total process weight by the number
of hours in the complete operation, excludin-g any time during which the
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equipment is idle.
(51.21) 506. Non-ferrous Smelters - Participate Matter
A. No person owning or operating a non-ferrous smelter shall
permit, cause, suffer or allow particulate matter emissions to the atmos-
phere in excess of .35 grains per average sampled cubic foot of discharge
gas at standard temperature and pressure.
B. After April 30, 1974, no person owning or operating a non-
ferrous smelter shall permit, cause, suffer or allow particulate matter
emissions to the atmosphere in excess of .03 grains per average sampled
cubic foot of discharge gas at standard temperature and pressure.
(51.5) 507. Oil Burning Equipment - Particulate Matter
No person owning or operating oil burning equipment having a heat
input of greater than 1,000,000 million British Thermal Units per year
per unit shall permit, cause, suffer or allow particulate matter emissions
to the atmosphere in excess of .005 pounds per million British Thermal
Uni ts of heat input.
(51.14) 601. Regulation Governing Emission from Kraft Mills
Kraft mills means any industrial operation which uses for a
cooking liquor an alkaline solution containing sulfur compounds in its
pulping process.
A. No person shall permit, cause, or suffer or allow the daily
average emission of Total Reduced Sulfur from a recovery furnace stack
to exceed 0.1 pounds of sulfur per ton of equivalent air dried kraft
pulp expressed as h^S on a dry gas basis, or 4.0 pounds of particulate
matter per ton of pulp on the same basis. A recovery furnace stack
means the stack from which the products of combustion are emitted to
the ambient air from the recovery furnace.
B. No person shall permit, cause, suffer or allow the daily
average emission of particulate matter from lime kilns to exceed one
pound per ton of equivalent air dried kraft pulp.
C. No person shall permit, cause, suffer or allow the daily
average emission of particulate matter from smelt tanks to exceed
one-half pound per ton of air dried kraft pulp.
D. No person shall permit, cause, suffer or allow the daily
average emission of Total Reduced Sulfur from any and all operations of
a kraft mill to exceed 0.2 pounds per ton of air dried kraft pulp.
(51.6) 602. Coal Burning Equipment - Sulfur Dioxide
A. No person owning or operating new coal burning equipment
having a power generating capacity in excess of 25 megawatts or a heat
input of greater than 250 million British Thermal Units per hour shall
permit, cause, suffer or allow sulfur dioxide emissions to the atmos-
phere in excess of .34 pounds per million British Thermal Units of
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heat input.
B. No person owning or operating existing coa] burning equipment
shall permit, cause, suffer or allow sulfur dioxide emissions to the atmos-
phere:
1. after July 31, 1977, in excess of 35 percent by weight
of the sulfur dioxide which would be produced upon combustion of the coal
prior to any pretreatment if the coal burning equipment has a rated heat
capacity greater than 250 million British Thermal Units (higher heating
value) and less than 3,000 million British Thermal Units (higher heating
value) per hour; or
As used in this subsection, "pretreatment" means washing or any other
method of removing sulfur from the coal prior to its combustion and does
not include crushing or blending operations.
C. As used in this regulation:
1. "New coal burning equipment" means coal burning equipment
the construction of which is commenced after September 1, 1971;
2. "existing coal burning equipment" means coal burning
equipment that was fully constructed and operational or under construction
prior to September 1, 1971;
3. "construction" means fabrication, erection, or installa-
tion of an affected facility; and
4. "commenced" means that an owner or operator has undertaken
a continuous program of construction or that an owner or operator has
entered into a binding agreement or contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction.
D. Compliance with this section shall be determined by a method
consistent with the manual method of sampling for sulfur dioxide set forth
by the Environmental Protection Agency at 36 Federal Register 24882 - 24891
or any other method receiving prior approval by the department.
E. After July 1, 1977, no person owning or operating existing coal
burning equipment subject to this regulation shall permit, cause, suffer or
allow operation of the existing coal burning equipment without normally
maintaining in good operating condition at least one monitor, approved by
the department, which shall continuously measure and record sulfur dioxide
concentrations in the gases within the stack from which the gases are
released to the atmosphere. Instruments and sampling systems installed and
used pursuant to this section shall be calibrated in accordance with the
methods prescribed by manufacturer's recommended zero adjustment and calibra-
tion check procedures at least once every 24 hours of operation, unless the
manufacturer specifies or recommends calibration checks more frequently, in
which case the manufacturer's specifications or recommendations shall be
followed. The reference method shall be consistent with the method for
manual sampling of sulfur dioxide specified in this section.
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F. To aid the department in detenrining compliance with this
section persons owning or operating coal burning eauioment subject to this
section shall, after July 1, 1977, submit quarterly reports to the depart-
ment for the periods January 1 through March 31, April 1 through June 30,
July 1 through September 30, and October 1 through December 31 of each
year, each report to be received by the department within 45 days of the end
of the quarterly period. The quarterly reports shall contain the following:
1. hourly averages of the concentrations of sulfur dioxide,
expressed in parts per million, in the gases which are being emitted to
the atmosphere, except for periods of instrument calibration and zero
adjustments;
2. hourly averages of the percent excess oxygen in the gases
coming from the coal burning equipment;
3. rate of heat input (higher heating value) into the coal
burning equipment determined at least once daily; and
4. percent sulfur and heat content (higher heating value)
of the coal utilized by the coal burning equipment determined at least
once dai.ly.
The department may, upon the request of the owner or operator, change
the reporting requirements specified in this subsection.
G. No person owning or operating coal burning equipment subject
to this section shall permit, cause, suffer or allow utilization of a
by-pass around the sulfur dioxide control device or devices except while
operating under the provisions of Air Quality Control Regulation Number
801 - Upset, Breakdown or Scheduled Maintenance, and complying with the
requirements of that regulation.
(51.7) 604. Gas Burning Equipment - Nitrogen Dioxide
A. No person owning or operating new gas burning equipment
having a heat input of greater than 1,000,000 million British Thermal
Units per year per unit shall permit, cause, suffer or allow nitrogen
dioxide emissions to the atmosphere in excess of .2 pounds per million
British Thermal Units of heat input.
B. After December 31, 1974, no person owning or operating existing
gas burning equipment having a heat input of greater than 1,000,000 million
British Thermal Units per year per unit shall permit, cause, suffer or
allow nitrogen dioxide emissions to the atmosphere in excess of .3 pounds
per million British Thermal Units of heat input.
C. As used in this regulation:
1. "new gas burning equipment" means gas burning equipment
that is fully constructed and operational after thirty days after this
regulation is filed under the State Rules Act; and
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2. "existing gas burning equipment" means gas burning equip-
ment that is fully constructed and operational within thirty days after
this regulation is filed under the State Rules Act
(51.6) 605. Oil Burning Equipment - Sulfur Dioxide
No person owning or operating oil burning equipment having a heat
input of greater than 1,000,000 million British Thermal Units per year per
unit shall permit, cause, suffer or allow sulfur dioxide emissions to the
atmosphere in excess of .34 pounds per million British Therman Units of
heat input.
(51.7) 606. Oil Burning Equipment - Nitrogen Dioxide
No person owning or operating oil burning equipment having a heat
input of greater than 1,000,000 million British Thermal Units per year per
unit shall permit, cause, suffer or allow nitrogen dioxide emissions to the
atmosphere in excess of .3 pounds per million British Thermal Units of
heat input.
(51.18) 651. Sulfuric Acid Plants - Sulfur
A. After December 31, 1972, no person owning or operating an exist-
ing sulfuric acid plant except those plants manufacturing sulfuric acid
from H^S gas, having an output capacity of 200 tons per day or less shall
permit, cause, suffer or allow sulfur emissions to the atmosphere in excess
for a 24 hour average of five pounds of sulfur for every one hundred pounds
of sulfur introduced into the plant.
B. After December 31, 1972, no person owning or operating an exist-
ing sulfuric acid plant manufacturing sulfuric acid from H2S qas, having
an output capacity of 200 tons per day or less shall permit, cause, suffer
or allow sulfur emissions to the atmosphere in excess for a 24 hour
average of seven pounds of sulfur for every one hundred pounds of sulfur
introduced into the plant.
C. After December 31, 1972, no person owning or operating an
existing sulfuric acid plant having an output capacity of greater than
200 tons per day shall permit, cause, suffer or allow sulfur emissions to
the atmosphere in excess for a 24 hour average of three pounds of sulfur
for every one hundred pounds of sulfur introduced into the plant.
D. No person owning or operating a new sulfuric acid plant shall
permit, cause, suffer or allow sulfur emissions to the atmosphere in
excess of two pounds of sulfur for every one hundred pounds of sulfur
introduced into the plant.
E. As used in this regulation:
1. "sulfur" means elemental sulfur and the sulfur component
Df any sulfur mixtures or compound;
2. "existing sulfuric acid plant" means a sulfuric acid plant,
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the construction or modification of which is commenced prior to the
publication of notice of hearing of this regulation as proposed; and
3. "new sulfuric acid plant" means a sulfuric acid plant,
the construction or modification of which is commenced after the
publication of notice of hearing of this regulation as proposed.
F. This regulation shall not apply to sulfuric acid plants that
use sulfuric acid as S02 control systems.
(51.11) 652. Non-ferrous Smelters - Sulfur
A. After December 31, 1974, no person owning or operating an
existing non-ferrous smelter shall permit, cause, suffer or allow sulfur
emissions to the atmosphere in excess of forty pounds of sulfur for
every one hundred pounds of sulfur fed to the smelter.
B. After December 31, 1974, no person owning or operating a
new non-ferrous smelter shall permit, cause, suffer or allow sulfur
emissions to the atmosphere in excess of ten pounds of sulfur for
every one hundred pounds of sulfur fed to the smelter.
C. As used in this regulation:
1. "sulfur" means elemental sulfur and the sulfur component
of any sulfur mixtures or compound;
2. "existing non-ferrous smelter" means a non-ferrous
smelter, the construction or modification of which is commenced prior
to the publication of notice of hearing of this regulation as proposed;
and
3. "new non-ferrous smelter" means a non-ferrous smelter,
the construction or modification of which is commenced after the publica-
tion of notice of hearing of this regulation as proposed.
D. On or before December 31, 1972, and each year thereafter on
or before December 31, the Environmental Improvement Agency and any
person owning or operating a non-ferrous smelter shall report to the
Board the sulfur emissions from existing non-ferrous smelters, the
controls thereon and any technological advances in the field of control
of such sulfur emissions. Prior to December 31, 1975, the Environmental
Improvement Board may have a further hearing to determine whether this
regulation should be modified.
(5.0) 701. Procedure for Requesting a Variance - Hearing
A. Definition. As used in this regulation, "petitioner" means
a person seeking a variance from a regulation of the board or limitation
prescribed under the Air Quality Control Act pursuant to Section 12-14-8,
NMSA, 1953 Comp.
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B. Petitions
1. Any person seeking a variance from a regulation of the
board or from the limitations prescribed under the Air Quality Control
Act pursuant to Section 12-14-8, NMSA, 1953 Comp., shall do so by
filing a written petition with the secretary in care of the director.
Petition forms may be obtained from the environmental services division
of the department.
2. Petitions shall:
(a) state the petitioner's name and address;
(b) state the date of the petition;
(c) describe the facility or activity for which the
variance is sought;
(d) state the address or description of the property upon
which the facility is located;
(e) identify the regulation of the board or limitation
prescribed under the Air Quality Control Act from which the variance is
sought;
(f) state in detail the extent to which the petitioner
wishes to vary from the regulation or limitation;
(g) state why the petitioner believes the variance is
justified; and
(h) state the period of time for which the variance is
desired.
3. The petitioner may submit with his petition any relevant
documents or material which the petitioner believes would support his
petition.
C. Action by Secretary
1. Within forty-five (45) days after receipt of the variance
petition, the secretary shall make written recommendation to the board
and mail a copy of the recommendation to the petitioner. The secretary
may, when the circumstances justify, extend the period of time by which
he must submit his recommendation to the board. The secretary shall notify
the board and the petitioner of the length of the extension.
2. The secretary's recommendation shall:
(a) state the date that it is made;
(b) state the secretary's recommendation; and
(c) state the secretary's reasons for the recommendation.
D. Action by Board
1. Within four (4) days after the next regularly scheduled
board meeting following the date of the secretary's recommendation:
(a) if the board initially favors the granting of a
variance, the director shall notify the petitioner by certified mail
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of the date, time, and place of the public hearing; or
(b) if the board is initially opposed to the granting of
a variance, the director shall notify the petitioner by certified mail of
the board's opposition, the reasons for its opposition, and the fact that
no public hearing will be held unless the petitioner requests one. The
notice shall also inform the petitioner of the date by which he must request
a public hearing.
2. If the petitioner fails to request a public hearing in
writing within fifteen (15) days of the date the notice of the board's
opposition is received by him, the petition shall be deemed denied with
prejudice.
3. If the petitioner makes a timely request for a public
hearing, the director shall, within five (5) days of the date of the
receipt of the request, notify the petitioner by certified mail of the
date, time, and place of the hearing.
E. Notice.
1. At least seven (7) days prior to each hearing date, the
director shall publish notice of the date, time, place and subject of
the variance hearing in a newspaper of general circulation in the county
in which the facility is located and in a newspaper of general circula-
tion in the state.
2. The director shall maintain a file of persons interested
in variance hearings and shall make a reasonable effort to notify them
by mail of the date, time, place, and subject of scheduled public hearings.
F. Hearings - Actions by Board - Written Order
1. Public hearings shall be held before the board not less
than fifteen (15) days nor more than forty-five (45) days from the date
the director mails the notice of the hearing to the petitioner.
2. Public hearings shall be held in Santa Fe unless the board
and the petitioner agree upon another site in the state.
3. The board may designate a hearing officer to take evidence
at the hearing.
4. A record shall be made at each hearing, the cost of which
shall be borne by the department. Transcript costs shall be paid by those
persons requesting transcripts. If the hearing is conducted by a hearing
officer designated by the board, the cost of providing transcripts to the
board members shall be borne by the department.
5. In variance hearings, the technical rules of evidence and
the rules of civil procedure shall not apply, but the hearings shall be
conducted so that all relevant views are amply and fairly presented without
undue repetition. The board may require reasonable substantiation of
statements or records tendered and may require any view to be stated in
writing when the circumstances justify.
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6. The board shall allow all persons a reasonable opportunity
at a hearing to submit written and oral evidence and arguments and to
introduce exhibits.
7. The petitioner and the board shall have the right to call
and examine witnesses, introduce exhibits, and cross-examine persons
who testify.
8. Ihe board shall allow reasonable cross-examination of
persons who testify at a hearing by persons who have submitted a written
request to do so. Requests must be submitted to the director by 4:00 p.m.
on the day before each hearing.
9. A petitioner may represent himself at the hearing or be
represented by any other individual.
10. The board may grant the requested variance, in whole or
in part, or may deny the variance. All action taken by the board shall be
by written order by the next regularly scheduled board meeting after each
hearing, or, if the hearing was conducted before a hearing officer* by
the next regularly scheduled board meeting after the date the transcript
of the hearing is available. A copy of the order shall be mailed to the
petitioner. All persons appearing or represented at the hearing shall be
mailed notice of the board's action.
11. Orders of the board shal1:
(a) state the petitioner's name and address;
(b) state the date the order is made;
(c) describe the facility for which the variance is
sought;
(d) identify the regulation of the board or limitation
prescribed under the Air Quality Control Act from which the variance was
sought;
(e) state the decision of the board;
(f) if a variance is granted, state the period of time
for which it is granted; and
(g) state the reasons for the board's decision.
12. The director shall maintain a file of all orders made by
the board. The file shall be open for public inspection.
G. Effect of Order of Board - Failure to Appear at Hearing
1. An order of the board is final and bars the petitioner
from petitioning for the same variance without special permission from
the board. The board may consider, among other things, the development
of new information and techniques to be sufficient justification for a
second petition.
2. If the petitioner, or his authorized representative, fails
to appear at the public hearing on the variance petition, the board shall
proceed with the hearing on the basis of the petition.
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H. Stay of enforcement
1. Subject to the emergency provisions of Section 12-14-9,
NMSA, 1953 Comp., while a variance petition is pending and before the
board takes final action on the petition, the department may not enforce
the corresponding regulation of the board from which the variance is
sought unless, in the opinion of the director:
(a) enforcement is reasonably necessary to protect the
public interest of New Mexico;
(b) the variance petition was not filed in good faith;
or
(c) the petitioner is causing or contributing to air
pollution to a greater degree than that requested by the variance
petition.
2. The petitioner may submit with his variance petition a
statement showing why he believes that nonenforcement is in the public
interest of New Mexico.
3. The director's opinion on the questions of public interest
and good faith is discretionary and not subject to review.
4. The director may re-examine his opinion at any time and,
when the circumstances justify, make a different determination.
5. Subsection H does not apply to any subsequent petitions
for the same variance by the same petitioner, except as the director may
otherwise determine.
I. Timeliness
1. When the last day for performing an act falls on Saturday,
Sunday, or a legal, state, or national holiday, the performance of the
act is timely if performed on the next succeeding day which is not a
Saturday, Sunday, or a legal, state, or national holiday.
2. All matters required to be filed or mailed under this
regulation are timely if deposited in the United States mail on or
before the required date, except as provided under Subsection F (8).
(3.0) 702. Permits
A. Any person constructing or modifying any new source of an air
contaminant, which source, if it were uncontrolled, would result in an
emission of the contaminant greater than ten pounds per hour or twenty-
five tons per year or would result in the emission of a hazardous air
pollutant, must obtain a permit from the department prior to the construc-
tion or modification. Applications for permits shall be filed not less
than sixty days prior to the commencement of the construction or modifica-
tion. The relocation of temporary installations is not subject to this
section.
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B. In the event of an emergency, upon oral or written request, the
department may grant temporary permission to commence construction prior to
the filing of an application for a permit. Confirmation of the permission
shall be made in writing by the department. The permission shall expire
within thirty days of the date of the written confirmation if the requestor
has not filed an application for a permit in accordance with the provisions
of Subsection'D of this section. The permission shall be deemed revoked
in the event that the application for a permit is denied.
C. If a source consists of more than one unit, a separate permit
must be obtained for each unit which is not substantially interrelated with
another unit. A common connection leading to ductwork, pollution control
equipment or a single stack shall not, by itself, constitute a substantial
interrelationship.
D. Any person seeking a permit shall do so by filing a written
application with the director. Applications shall:
1. be made on forms furnished by the department;
2. state the applicant's name and address;
3. state the date of the application;
4. describe the nature and quantities of any air contaminants
the completed construction or modification will emit;
5. be accompanied by:
(a) a map, such as the Topographic Quadrangle map published
by the United States Department of the Interior Geological Survey or equi-
valent map, showing the exact location of the proposed construction or
modi fication;
(b) a process flow sheet, including a material balance,
of the processing and combustion plant;
(c) a description of the equipment to be used for air
pollution control, including a process flow sheet, or, if the department
so requires, layout and assembly drawings;
(d) a description of the equipment or methods to be used
for emission measurement; and
(e) such information as the department may require relating
to the environmental impact of the proposed source or modification if the
department determines that the granting of the permit might constitute a
major state action significantly affecting the quality of the human environ-
ment.
6. state the expected normal operating schedule of the completed
construction or modification in terms of hours per day, days per week, weeks
per month and months per year;
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7. contain such other relevant information as the department
may reasonably require, and
8. be signed by the applicant or his authorized representative.
F. For applications for the construction and modifications of new
sources to be located within Bernalillo County, the department may seek the
aid of the air quality control staff of the joint Albuquerque-Bernalillo
County Air Quality Control Board.
G. The department shall:
1. make available for public inspection a list of all applica-
tions for permits;
2. allow all interested persons fifteen days from the date an
application is filed to submit written comments on the application; and
3. mail written notice of the action taken on a permit applica-
tion to those persons who submitted written comments on the application.
H. The department shall within thirty days after the filing of an
application for a permit either grant the permit, grant the permit subject
to conditions or deny the permit. If the department denies a permit or
grants the permit subject to conditions, the department shall notify the
applicant by certified mail of the action taken and the reasons therefor.
If the department grants a permit, the department shall mail the permit
to the applicant by certified mail.
I. The department may deny any application for a permit if:
1. it appears that the construction or modification will not
meet applicable regulations;
2. the new source will emit a hazardous air pollutant or air
contaminant in excess of a federal standard of performance or a state
regulation;
3. it appears that the new source may result in any federal or
state ambient air standard being exceeded;
4. any provision of the Air Quality Control Act will be
violated; or
5. it appears that the construction of the new source will not
be completed within a reasonable time.
J. 1he issuance of a permit does not relieve any person from the
responsibility of complying with the provisions of the Air Quality Control
Act and any applicable regulations of the board.
K. The department may impose any reasonable conditions upon a per-
mit, including a schedule of construction and conditions requiring the
source to be provided with:
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1. sampling ports of a size, number and location as the
department may require;
2. safe access to each port;
3. instrumentation to monitor and record emission data; and
4. any other reasonable sampling and testing facilities.
(3.0) 703. Registration of Air Contaminant Sources
A. By February 1, 1973, the owner or operator of any commercial
or industrial stationary source which emits more than two thousand pounds
of any air contaminant per year must obtain a registration certificate for
the source from the department. The owner or operator of any commercial
or industrial stationary source constructed after August 1, 1972, must
obtain a registration certificate for the source from the department within
one hundred eighty days after the initial startup date of the source.
B. Any person seeking a registration certificate shall do so by
filing a written application with the director. Applications shall:
1. be made on forms furnished by the department;
2. state the applicant's name and mailing address;
3. state the name and address of the source;
4. state the date of the application;
b. describe the nature and amounts of any air contaminants
emitted from the source;
6. describe the nature of all processes and equipment which
produce air contaminant emissions;
7. describe the nature and effectiveness of any air pollution
control equipment used;
8. state the fuel used for the generation of heat, steam and
power;
9. state the normal operating schedule of the source in terms
of hours per day, days per week, weeks per month and months per year;
10. contain such other relevant information as the department
may reasonably require, and
11. be signed by the applicant or his authorized representative.
C. Upon the receipt of the information required to be submitted by
Subsection B of this section, the department shall issue the registration
certificate.
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E. Any owner or operator who is subject to this section and intends
to shut down a source for a period of one year or more snail notify the
department in writing of the actual date of shutdown within fifteen days
after the shutdown date.
F. Any owner or operator who is subject to this section and re-
locates a temporary installation shall notify the department in writing of
the date and site of the relocation within fifteen days of the date of
relocation.
G. The department may:
1. exempt from the requirement of registration any stationary
source or class of stationary sources;
2. reduce the informational requirements contained in Subsection
B of this section for any stationary source or class of stationary sources.
3. provide for the filing of a single application and issuance
of a single registration certificate for two or more stationary sources
owned or operated by the same person; and
4. extend the deadline for registration for any source or
class of sources.
H. As used in this section, "stationary source" means any building,
structure, facility or installation which emits or may emit any air
contaminant.
L. The department may grant a conditional permit subject to the
later filing of information required by the department relating to the
environmental impact of a proposed source or modi cation if the department
has otherwise determined that the source or modification will meet all
applicable regulations and will not cause any state or federal ambient
air standard to be exceeded. The department shall either grant or deny
the permit finally within thirty days of the date the information is filed.
The information shall be filed within such time as the conditional permit
may require.
M. The department may cancel a permit if the construction is not
commenced within one year from the date of issuance or, if during the
construction, work is suspended for a total of one year.
N. Thirty days prior to the cancellation of a permit, the depart-
ment shall notify the permitee by certified mail of the impending cancella-
tion. The department shall notify the permitee by certified mail of the
cancellation of his permit and the reasons therefor. A permitee whose
permit has been canceled may request a hearing before the board. The request
must be made in writing to the director within thirty days after notice of
the department's action has been received by the permitee. Unless a timely
request for hearing is made, the decision of the department shall be final.
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0. If a timely request for hearing is made, the board shall hold
a hearing within thirty days after receipt of the request. The department
shall notify the permitee by certified mail of the date, time and place
of the hearing. In the hearing the burden of proof shall be upon the
permitee. The board may designate a hearing officer to take evidence in
the hearing. Based upon the evidence presented at the hearing, the board
shall sustain, modify or reverse the action of the department.
P. Any owner or operator subject to this section shall notify
the department in writing of the:
1. anticipated date of initial startup of a source not
more than sixty days nor less than thirty days prior to the date; and
2. actual date of initial startup of a source within fifteen
days after the startup date.
Q. Within sixty days after achieving the maximum production rate
at which the new source will be operated but not later than one hundred
eighty days after initial startup of the new source, the owner or operator
of the new source shall conduct a performance test in accordance with
methods and under operating conditions approved by the department and
furnish the department a written report of the results of the test.
R. Upon application by any person or group of persons, the board
may exempt from any or all of the requirements of this section any source
or class of sources which the board finds will not unreasonably degrade
the ambient air. Exemptions may be granted only at public meetings of
the board. No exemption may be granted for a source or class of sources
if the source or any one of the sources within the class, if it were
uncontrolled, would result in an emission of an air contaminant greater
than twenty-five tons per year. Exemptions may apply statewide or
regionally and may be revoked by the board at any public meeting.
S. This section does not apply to stationary sources, the construc-
tion or modification of which was commenced prior to August 31, 1972.
T. As used in this section:
1. "new source" means any stationary source, the construction
or modification of which is commenced after the filing of a regulation
applicable to the stationary source or after the filing of an ambient
air standard applicable to the area where the stationary source is to be
located.
2. "modification" means any physical change in, or change in
the method of operation of, a stationary source which increases the amount
of any air contaminant emitted by the stationary source or which results
in the emission of any air contaminant not previously emitted;
3. "construction" means fabrication, erection or installation
of an affected facility;
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4. "hazardous air pollutant" means an air contaminant which
has been classified as a hazardous air pollutant by the administrator of
the national environmental protection agency; and
5. "stationary source" means any building, structure, facility
or installation which emits or may emit any air contaminant.
U. As used in Subsection M of this section, "commencement" means
that an owner or operator has undertaken a continuous program of construc-
tion or that an owner or operator has entered into a binding contractual
obligation to undertake and complete, within a reasonable time, a conti-
nuous program of construction. Otherwise as used in this section,
"commencement" means that an owner or operator has undertaken a continuous
program of construction.
(9.0) 704. Source Surveillance^
A. The owner or operator of any stationary source of an air
contaminant shall, upon notification by the department, maintain records
of the nature and amounts of emissions, to which an air quality control
emission regulation applies, from the source and any other information
as may be deemed necessary by the department to determine whether the
source is in compliance with applicable regulations.
• B. The information recorded shall be summarized and reported to
the department, on forms furnished by the department, and shall be submitted
within forty-five days after the end of the reporting period. Reporting
periods are November 1 through April 3(J and May 1 through October 31 or
such other periods as the department may deem necessary. Information
reported to the department shall be signed by the person responsible for
its accuracy.
C. Emission data obtained by the department shall be correlated
with applicable emission limitations and other control measures and be
made available to the public during normal business hours.
(6.0) 705. Schedules of Compliance
A. No person shall operate a stationary or mobile source of an
air contaminant to which applies an Air Quality Control Regulation that
implies an emission limitation or other requirement upon the source on a
specific date which occurs after January 1, 1974, and more than one year
from the effective date of the regulation, unless the source is operating
under a schedule of compliance adopted by the board pursuant to this sec-
tion or unless the person operating the stationary or mobile source has
certified to the board that the source is complying with the requirements
of the regulation. As used in this section, "effective date" means thirty
days after the filing of the adopted regulation, as provided in Section
12-12-13.F., NMSA, 1953, of the New Mexico Environmental Improvement Act.
B. Upon petition, the board may, pursuant to the requirement of
Subsection A, adopt at any public meeting a schedule of compliance and
exempt that schedule of compliance from the remaining requirements of this
section if:
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1. the petitioner has secured the federal Environmental
Protection Agency's approval of the offered schedule of compliance or part
thereof; and
2. the petitioner, by complying with the provisions of the
federally approved schedule of compliance, will meet the time and emission
requirements of the applicable state regulations.
C. Any person seeking the board's approval of a schedule of com-
pliance shall file a written petition with the director by January 1, 1974,
or within ninety days of the effective date of the regulation to be com-
plied with, whichever is later. As used in this section, "effective date"
means thirty days after the filing of the adopted regulation, as provided
in Section 12-12-13.F., NMSA, 1953, of the New Mexico Environmental
Improvement Act.
D. At a public meeting, pursuant to a written request, the board
may extend the time period for the filing of a petition for a schedule of
compliance.
E. Petitions shall:
1. state the petitioner's name and address;
2. state the date of the petition;
3. describe the facility for which a schedule of compliance
is sought;
4. state the address or description of the property upon
which the facility is located;
5. state the regulation and the applicable provisions of
the regulation for which a schedule of compliance is sought;
6. include, to the extent practicable, the following
increments of progress:
(a) a date or dates by which contracts for each major
phase of emission control systems or process modification, or orders for
their components parts, will be awarded;
(b) a date or dates of initiation of each major phase
of on-site construction or installation of emission control equipment or
process modification;
(c) a date or dates by which each major phase of on-site
construction or installation of emission control equipment or process
modification is to be completed; and
(d) a date or dates by which final compliance is to be
achieved.
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7. describe in detail the methods or devices to be used to
achieve compliance with the applicable regulation; and
8. state why the petitioner believes the schedule of
compliance should be approved.
F. The department shall make available for public inspection a
copy of each petition at its central office in Santa Fe and at its field
office which is located nearest to the source in the same air quality
control region wherein the source is located.
G. The petitioner may submit with his petition any relevant docu-
mentation or material which the petitioner believes would support his peti-
tion.
H. The director, within ten days of receipt of a copy of the
petition filed with the board, shall notify the petitioner by certified
mail of the date, time and place of the public hearing on the petition
for a schedule of compliance.
I. At least thirty days prior to the hearing date, the director
shall publish notice of the date, time, place and subject matter of the
hearing in a newspaper of general circulation in the county in which the
facility is located and in a newspaper of general circulation in the state.
J. The director shall maintain a file of persons interested in
schedule of compliance hearings and shall make a reasonable effort to
notify those persons by mail of the date, time, place and subject matter
of the hearing.
K. Public hearings shall be held by the board not more than
sixty days from the date the director mails the notice of the hearing to
the petitioner.
L. Public hearings shall be held in Santa Fe unless the depar-
ment and the petitioner agree upon another site in the state.
M. The board may designate a hearing officer to take evidence
at the hearing.
N. A record shall be made at each hearing, the cost of which shall
be borne by the department. Transcript costs shall be paid by those persons
requesting transcripts except that the department shall bear the cost of any
transcript furnished to members of the board and the Environmental Protection
Agency.
0. In schedule of compliance hearings, the technical rules of
evidence and the rules of civil procedure shall not apply, but the hearings
shall be conducted so that all relevant views are amply and fairly presented
without undue repetition. The board may require reasonable substantiation
of statements or records tendered and may require any view to be stated in
writing when the circumstances justify.
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P. At the hearing, the board shall allow all interested persons
reasonable opportunity to submit data, views or arguments orally or in
writing and shall allow reasonable cross-examination of witnesses testi-
fying at the hearing.
Q, A petitioner may represent himself at the hearing or be
represented by any other individual.
R. Un the basis of the petition and the information developed
at the public hearing, the board shall, within 60 days of receipt of the
transcript, adopt a schedule of compliance. Schedules of compliance shall:
1. state the petitioner's name and address;
2. state the date of adoption of the schedule of compliance;
3. describe the facility to which the schedule of compliance
applies;
4. identify all sources within the facility and all air
contaminants emitted from the facility to which the schedule of compliance
applies;
5. state the address or description of the property upon
which the facility is located;
6. identify the regulatory provisions covered by the schedule
of compliance;
7. state the increments of progress that must be followed by
the petitioner to achieve compliance with the applicable regulations as
expeditiously as practicable;
8. state any conditions which may apply to the schedule of
compliance; and
9. state the board's reasons for the increments of progress
and conditions imposed.
S. Any petitioner who has obtained a schedule of compliance from
the board shall certify to the board, within five days after the deadline
for each increment of progress, whether or not the required date has been
met.
T. If it appears to the holder of an approved schedule of com-
pliance that he will be unable to meet any increment of progress, he shall
apply to the board for a modification of the schedule thirty days prior to
the first increment date that will not be met. The application for modifi-
cation shall state which dates will not be met and the reasons therefor.
If the application does not request a modification of the final compliance
date for meeting the applicable regulations, the board shall act upon the
application at its next public meeting. If the application requests a
modification of the final compliance date, the board shall hold a public
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hearing in accordance with Subsections G through P of this section and
act upon the application on the basis of the information developed at the
hearing.
(18.0) 706. Air Quality Maintenance Areas
A. The counties of Bernalillo, Chaves, Dona Ana, San Ouan, and
Santa Fe are designated as Air Quality Maintenance Areas. Air pollutants
for which these areas are designated are:
1. carbon monoxide, photochemical oxidants, and total
suspended particulate matter within Bernalillo county,
2. carbon monoxide and total suspended particulate matter
within Dona Ana and Santa Fe counties; and
3. carbon monoxide within Chaves and San Juan counties.
B. As used in this section, "Air Quality Maintenance Area"
means that area which, due to current air quality or projected growth,
has the potential for exceeding a national ambient air quality standard
within ten years from the date of adoption of this regulation.
(7.0) 801. Upset, Breakdown or Scheduled Maintenance
Operation of any equipment or air pollution control devices or
apparatus so as to cause emissions of air contaminants in excess of
limits set by these regulations which is a direct result of upset
conditions or breakdown or is a direct result of the shutdown of such
equipment or air pollution control devices or apparatus for scheduled
maintenance, is not a violation of these regulations provided:
A. The occurrence has been reported to the Department at least
24 hours before any scheduled maintenance, and the scheduled maintenance
is performed where possible during times specified by the Department as
favorable for atmospheric ventilation.
B. The occurrence has been reported to the Department as soon
as reasonably possible in the case cf an upset or breakdown, but in no
case mor'e than 24 hours after occurrence.
C. Repairs are made with maximum, reasonable effort, including
use of off-shift labor, overtime, or work periods of nonoperation.
D. The emission of air contaminants is minimized as much as
possible during the scheduled maintenance, upset or breakdown.
E. The air contaminant is not of a nature or quantity which
would endanger public health or safety.
F. Upsets or breakdowns do not occur with such frequency that
careless, marginal or unsafe operation is indicated.
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(4.0) 901. To Control Emissions Leaving New Mexico
When emissions generated from sources in New Mexico cross the
state boundary line, such emissions shall not exceed the standards and
regulations of the receiving state, provided, regulations are in effect
and reciprocal action is taken by the receiving state.
(9.1)) 1001. Sampling Equipment
When directed by the Board, or its designated representative, the
necessary openings for sampling equipment shall be provided on stacks or
other openings through which emissions are released to the atmosphere.
(2.0) 1101. Severability
If any part or application of the air pollution control regulations
is held invalid, the remainder of its application to other situations or
persons shall not be affected.
(2.0) 1201. Effective Date
As to new equipment and new air pollution control devices or
apparatus, the Air Quality Control Regulations shall be in effect 30 days
after the regulations are filed with the State Records Center. These
regulations shall be in effect 30 days after filing with the State Records
Center, except that existing operations equipment and existing air pollution
control devices shall be brought into conformance by July 1, 1970, unless
otherwise specified in the regulations.
(2.0) 1301. Conflicts
Nothing in these Ambient Air Quality Standards and Air Quality
Control Regulations is intended to permit any practice which is a
violation of any statute, ordinance or regulation.
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AIR POLLUTION CONTROL REGULATIONS OF THE
ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD
Section !. Definitjons. The following words and phrases have
the following meanings unless the context in which they are used requires
otherwise:
1.01 "Air Contaminant" means any substance, including but not limited
to any particulate matter, fly ash, dust, fumes, gas, mist, smoke, vapor,
micro-organisms, radioactive material, any combination thereof, or any
decay or reaction product thereof.
1.02 "Air Pollution" means the emission, except as such emission occurs
in nature, into the outdoor atmosphere of one or more air contaminants in
such quantities and duration as may with reasonable probability injure
human health, animal or plant life, or as may unreasonably interfere with
the public welfare, visibility or the reasonable use of property.
1.03 "Air Pollution Potential Index" (APPI) means a number on a scale
ranging from 0 to 100 indicating the state of the lower atmosphere from
the ground to the top of the radiation temperature inversion. The number
0 indicates that the state of the lower atmosphere is such that the likeli-
hood of air contaminants being held close to the ground is rare. As the
index number increases from 0 to 100, the atmospheric temperature inversion
and other meteorological factors become such that air contaminants will be
concentrated in the air close to the ground.
The Air Pollution Potential Index is calculated using the U.S. Weather
Service 1200 Greenwich Mean Time upper air soundings or other upper air
soundings of temperature lapse rate, relative humidity, and wind speed
and direction. The Air Pollution Potential Index is calculated from
this and other meteorological data.
Method of Calculation: Using the equation,
(T2 - T) (100° - 0°) (RH) (Wf) = APPI.
T-, = Temperature at base of inversion.
T£ = Temperature at top of inversion.
0 = Angle inversion makes with horizontal pressure line. Use
WBAN31/A Form 610-14A revised (7064).
RH = Average Relative Humidity through the inversion layer.
W = Wind speed factor. Average wind speed through the inversion.
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Use the following table.
Uind Speed in Knots Factor
0-1 1.0
2-5 .9
6-10 .6
11-20 .3
20 .1
1.04 "Board" means the joint board established by the City of
Albuquerque and Bernalillo County responsible for the adoption,
promulgation and administration of the Air Pollution Control Regulations
and Ambient Air Quality Standards and for the enforcement of the Air
Pollution Control Regulations.
1.05 "Chemical Processes" means any manufacturing processing operation
in which one or more changes in chemical composition, chemical properties
or physical properties are involved, to include but not limited to: pulp
and paper mills; iron and steel mills; petroleum refineries; smelters;
inorganic chemical manufacturers such as fertilizer, gypsum, lime, cement
or asbestos manufacturers and organic chemical manufacturers such as
synthetic rubber or acid manufacturers.
1.06 "Coal Burning Equipment" Any device used for the burning of coal
for the primary purpose of producing heat or power by indirect heat trans-
fer in which the products of combustion do not come into direct contact
with other materials.
1.07 "Crematory" means a device for cremating human remains.
1.08 "Environmental Health Department" means the Environmental Health
Department of the City of Albuquerque, New Mexico.
1.09 "Fugitive Dust" means solid airborne particulate matter emitted
from any source other than a stack, flue or duct.
1.10 "Grain" means that unit of weight which is equivalent to
0.0648 grams.
1.11 "Incinerator" means any device intended or used for burning
waste material.
1.12 "Inedible Animal By-product Processing" means operations primarily
engaged in rendering, cooking, drying, dehydrating, digesting, evaporating,
and/or concentrating of animal proteins and fats.
1.13 "Kraft Mill" means any pulping process which uses, for a cooking
liquor, an alkaline solution.
1.14 "Open Burning" means any burning from which the products of
combustion are discharged directly into the open air without passing
through a chimney, flue, stack or duct.
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1.15 "Particulate Matter" means any material except uncombined water
which exists in a finely divided form as a liquid or solid at standard
temperature and pressure.
1.16 "Pathological Destructor" means a device for the destruction by
burning of diseased tissue or disease producing matter.
1.17 "Person" means any individual, partnership, firm, public or private
corporation, association, trust, estate, political subdivision or agency,
or any other legal entity or their legal representatives, agents or assigns.
1.18 "ppm" means part per million by volume.
1.19 "Process Equipment" means any equipment used for storing, handling,
transporting, processing, or changing any materials whatever but excluding
that equipment specifically defined in these Regulations as incinerators
and includes coal burning equipment.
1.20 "Process Weight" means the total weight of all materials introduced
into any specific process which process causes any discharge of air con-
taminants into the atmosphere. Solid fuels introduced into any specific
process will be considered as part of the process weight, but liquid and
gaseous fuels and combustion air will not.
1.21 "Process Weight Rate" means the hourly rate 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, or from
the beginning to the completion of a typical portion thereof, excluding
any time during which the equipment is idle.
1.22 "Reid Vapor Pressure" means the pressure determined according to
the American Society for Testing and Materials method, ASTM-Designation:
D323-58.
1.23 "Ringelmann Chart" means the Ringelmann smoke chart of comparative
smoke densities as published by the U.S. Bureau of Mines or an equivalent
Ringelmann "type" chart.
1.24 "Secretary" means the Secretary of the Board or his authorized
representatives.
1.25 "Smoke" means small gas borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively of carbon, ash,
and other combustible materials.
1.26 "Standard Conditions" means the conditions existing at a temperature
of 70° Fahrenheit and pressure of 14.7 Ibs. per square inch absolute.
1.27 "Standard Cubic Foot" means a measure of the volume of one cubic
foot of gas at standard conditions.
1.28 "T6ns/hr." means tons per hour.
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1.29 "Total Reduced Sulfur" (TRS) means hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide, and any other organic sulfides
present in a pulping process.
1.30 "Vapors" means the gaseous form of a substance normally in the
liquid or solid state.
1.31 "Ib/hr." means pounds per hour.
(51.13) Section 2. Open Burning
2.01 Open burning is prohibited with the following exceptions:
A. Open burning is allowed for the following purposes:
religious, ceremonial, educational, non-commercial cooking and
recreational bonfires.
B. Open burning for the following purposes is allowed, but
only between the hours of 10:00 a.m. and 4:00 p.m., with combustion to
be completed or extinguished by 4:00 p.m., and then only when the Air
Pollution Potential Index is under 50:
1. Fires set for the purpose of educating or training fire
fighting or fire-rescue personnel;
2. Fires set on a field used for growing crops in the course
of disposing of unused portions of a crop and intermingled weeds resulting
from farming;
3. Burning dried-out tumbleweeds.
4. Burning weeds when necessary for the maintenance of
flood control channels, irrigation ditches and drains if accomplished by
using a hot flame burner; burning weeds which constitute a fire hazard
if approved by the City or County appropriate authority.
C. The open burning of dry waste materials produced by the use
of property for residential purposes all of which lies outside the City
of Albuquerque is allowed until January 1, 1972 and thereafter is prohibited.
Until January 1, 1972, such materials may be burned only between the hours
of 10:00 a.m. and 4:00 p.m., with combustion to be completed or extinguished
by 4:00 p.m., and then only when the Air Pollution Potential Index is
under 50.
2.02 Open burning of animal waste, green plants, leaves, tar products,
oil, rubber, plastic or like materials which produce smoke is prohibited
even in cases where open burning is otherwise expressly allowed by this
section.
(51.9) Section 3. Incinerators
3.01 The use or operation of an incinerator on property devoted to
residential uses is prohibited.
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3.02 The construction, use or operation of a new incinerator on any
property within the City of Albuquerque is prohibited.
3.03 The use or operation of any incinerator on any property within
the City of Albuquerque after January 1, 1976, is prohibited.
3.04 Any modification, alteration, remoldeling or reconstruction of
any incinerator located within the City of Albuquerque which will cost
an amount equalling more than 50« of the original cost of such incinera-
tor is prohibited, and if an incinerator needing such work cannot be
operated in conformance with these regulations, its further use or
operation is prohibited.
3.05 Sections 3.02, 3.03 and 3.04 do not apply to crematories or
pathological destructors.
3.06 No person may release or discharge into the atmosphere from any
incinerator particulate matter in excess of 0.10 grains per standard
cubic foot of dry exhaust gas calculated to 12% of carbon dioxide (C02)
at standard conditions. In measuring the combustion contaminants from
incinerators used to dispose of combustible refuse by burning, the carbon
dioxide (C02) produced by combustion of any liquid or gaseous fuel shall
be excluded from the calculation to 12 percent of carbon dioxide (CO?)-
This regulation shall not apply to the five (5) minute time period which
is necessary to bring wood-waste type incinerators up to operating
temperatures.
3.07 Crematories and pathological destructors shall comply with the
emission limits specified in Section 3.06 by January 1, 1972.
3.08 No person shall use or operate an incinerator between sunset
and the following sunrise; unless such incinerator is equipped with a
continuous monitoring and recording device as approved by the Secretary.
(50.1.2) Section 4. Visible Air Contaminants
4.01 General. No person shall cause or allow to discharge into the
atmosphere, from any source whatsoever, any air contaminants as dark
or darker in shade as that designated as No. 1 on the Ringelmann Chart
or of such opacity as to obscure an observer's view to a degree equal
to or greater than that designated as No. 1 on the Ringelmann Chart,
except as follows:
A. Emissions permitted under Section 2 of these regulations.
B. Where the presence of uncombined water is the only reason
for failure to meet the limitations herein.
C. Diesel engines when -
1. Accelerating under a load may emit smoke for a maximum
period of 10 seconds which is not as dark or darker in shade as that
designated as No. 2 on the Ringelmann Chart or of such opacity as to
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obscure the observer's view to a degree greater than that designated as
No. 2 on the Ringelmann Chart; or when used in vehicles operating off
public roads or highways may emit smoke for a maximum period of 15 seconds
which is not as dark or darker in shade as that designated as No. 3 on the
Ringelmann Chart or of such opacity as to obscure the observer's view to a
degree greater than that designated as No. 3 on the Ringelmann Chart.
2. When being started cold, may emit smoke for a maximum period
of 20 minutes which is not as dark or darker in shade as that designated as
No. 2 on the Ringelmann Chart or of such opacity as to obscure the observer's
view to a degree greater than that designated as No. 2 on the Ringelmann
Chart.
D. Turbine type aircraft engines may emit smoke which is not as
dark or darker in shade than that designated as No. 3 on the Ringelmann
Chart until December 31, 1972; thereafter the emission shall not be as dark
or darker in shade than that designated as No. 2 on the Ringelmann Chart.
E. When dry wood or paper is burned, residential fireplaces are
not subject to the provisions of this section.
F. Wood-waste type incinerators may emit smoke the shade of which
is not darker than that designated as No. 2 on the Ringelmann Chart or of
such opacity as to obscure the observer's view to a degree greater than
that designated as No. 2 on the Ringelmann Chart for a period of 5 consecu-
tive minutes, but only once each day when such incinerator is being started.
4.02 Gasoline Engines. No person shall cause or allow the emission of
any visible air contaminants into the atmosphere from any four-cycle
gasoline engine except for a period of five seconds after the engine is
started.
(51.1) Section5. Orchard Heaters
5.01 No person shall construct, place, maintain, alter, use or operate
orchard heaters for frost protection or otherwise unless they are so
designed or equipped and are operated or regulated, so as not to discharge
into the atmosphere smoke as dark as or darker in shade as that designated
as No. 1 in the Ringelmann Chart or of such opacity as to obscure the obser-
ver's view to a degree greater than that designated as No. 1 on the Ringel-
mann Chart.
5.02 Prohibition of Sale of Heaters. No person shall give, sell, or
offer to sell for use for frost protection within the County of Bernalillo
any orchard heater which does not comply with subsection 5.01 of this
regulation or which cannot be modified to comply with subsection 5.01.
5.03 Inspections. All persons subject to the provisions of Section 5
shall cooperate with agents of the Environmental Health Department in
performing orchard heater inspections to obtain information relating to
emissions which may cause or contribute to air pollution.
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5.04 Effective Date. This section becomes effective January 1, 1973.
02.0) Section 6. Motor Vehicle Air Pollution Emission Control Devices
6.01 No person shall remove from an operable motor vehicle any motor
vehicle air pollution emission control system or device installed on or
incorporated in a motor vehicle or motor vehicle engine under the require-
ments of any federal law or regulations.
6.02 No person shall fail to maintain in operating condition any motor
vehicle air pollution emission control system or device installed on or
incorporated in a motor vehicle or motor vehicle engine under the require-
ments of any federal law or regulation.
6.03 No person shall operate any motor vehicle which does not have
installed on or incorporated in the motor vehicle or motor vehicle engine
in operating condition a motor vehicle air pollution emission control
system or device required by any federal law or regulation.
6.04 Section 6.01 shall not apply to motor vehicles constructed or
operated as racing cars. Sections 6.02 and 6.03 shall not apply to motor
vehicles constructed or operated as racing cars when they are raced off
public roads or highways, or when raced on public roads or highways pursuant
to permission granted by the governmental authority which owns, operates or
controls such public road or highway.
6.05 Section 6 shall not apply to motor vehicles which have been construc-
ted or modified to operate by the use of liquefied petroleum or natural gas.
(50.1) Section 7. Dust, Sand, Particulates
7.01 General. No person shall engage in any of the following activities
and activities incidental hereto without taking reasonable precautions to
prevent particulate matter from becoming airborne: dismantling buildings;
construction, public or private; processing sand, gravel or rock which
includes crushing, sizing, screening, cleaning and mixing; operation of
machinery or equipment; use of land. Reasonable precautions may include
but are not limited to the use of water, vegetation or plants, paving,
coverings or enclosures.
(12.0) 7.02 Unpaved Roads
A. General. In the event that the density of motor vehicle traffic
on unpaved roads of any kind or description exceeds the amounts stated on
the following table, such roadway shall be closed to motor vehicle traffic
unless the owner or operator thereof takes reasonable precautions to effec-
tively and substantially reduce or prevent the emission of dust into the
atmosphere on account of such traffic:
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Roadway Segment Length Motor Vehicle Density Frequency
Length of roadway Number of motor vehicles Number of one hour
segment in miles traveling on segment in periods in one week
a one hour period when density is
exceeded
0 to 1/4 120 1
greater than 1/4 to 1/2 60 2
greater than 1/2 30 3
B. "Reasonable precautions" include but are not limited to paving,
regular application of oil, frequent watering or any other means of equal
or greater effectiveness in reducing or preventing the emission of dust.
C. If the owner or operator of a roadway does not close the road-
way permanently or temporarily, dust emission abatement measures shall be
commenced as soon as is possible.
D. Application of Regulation to Unpaved Parking Areas. Section
7.02 shall apply to unpaved areas used for the parking of motor vehicles.
For the purpose of applying the table in Section 7.02A to unpaved parking
areas, the area of the parking area shall be converted to a roadway length
with a 32 foot width as follows:
Equivalent roadway total area in square feet
segment length in miles = of parking area miles
(32) (5280) square feet
7.03 Removing or Disturbing Topsail. No person shall disturb or remove
topsoil from an area larger than 1/3 acre in size until first receiving a
permit therefor from the Secretary. The person shall subsequently take
reasonable precautions within a reasonable time to prevent particulate
matter from becoming airborne because of disturbina or removing such top-
soil. This does not apply to areas zoned and used for agriculture.
Applications for permits shall be made on forms prescribed by the Secretary.
Such forms shall require disclosure of the following information:
A. Name, address and telephone number of applicant.
B. Address or legal description of property.
C. Size of the parcel or area.
D. Description of nature of work to be done.
E. Time period in which work and control measures are to be done.
F. Statement of measures to be used to control or prevent
particulate matter from becoming airborne.
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The permit shall be issued by the Secretary if the application form is
fully and accurately filled out and if it discloses that reasonable
precautions will be taken as required to prevent particulate matter from
becoming airborne.
7.04 Sandblasting. No person shall conduct sand or other abrasive
blasting operations without taking reasonable precautions to prevent
particulate matter resulting therefore from leaving the premises upon
which such work is being done. Reasonable precautions include the use
of enclosures or other means of equal effectiveness in reducing or
preventing the emission particulates.
7.05 Demolition Permits. No person shall demolish any building
containing over 75,000 cubic feet of space without first obtaining a
permit therefor from the Secretary and subsequently taking reasonable
precautions to prevent particulate matter from becoming airborne on
account of such activity.
Applications for permits shall be made on forms prescribed by the
Secretary. Such forms shall require disclosure of the following
information:
A. Name, address and telephone number of applicant.
B. Address or legal description of property.
C. Size of building.
D. Description of nature of work to be done.
E. Time period in which work is to be done.
F. Statement of measures to be used to control or prevent
particulate matter from becoming airborne.
The permit shall be issued by the Secretary if the application form is
fully and accurately filled out as required and if it discloses that
reasonable precautions will be taken to prevent particulate matter from
becoming airborne.
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(50.1.1) Section 8. Process Equipment
8.01 Except as otherwise provided in this section, no person shall cause
or allow the emission of particulate matter to the atmosphere from process
equipment in any one hour in total quantities in excess of the amount shown
in the following table:
Process
Wt/hr (Ibs)
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
Maximum Weight
Disch/hr (Ibs)
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
Process
Wt/hr (Ibsl
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000 or
Maximum Weight
) Disc/hr (Ibs)
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
more 40.00
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A. To use the Table take the process weight per hour, as such is
defined in Section 1.20. Then find this figure on the table, opposite which
is the maximum number of pounds of contaminants which may be discharged
into the atmosphere in any one hour. As an example, if A has a process
which emits contaminants into the atmosphere and which process takes 3 hours
to complete, he will divide the weight of all materials in the specific
process, in this example. 1,500 Ibs. by 3 giving a process weight per hour
of 500 Ibs. The table shows that A may not discharge more than 1.77 Ibs. in
any one hour during the process. Where the process weight per hour falls
between figures in the left hand column, the exact weight of permitted
discharge shall be interpolated.
B. For purposes of this regulation, the total process weight from
all similar process units at a plant or premises shall be used for deter-
mining the maximum allowable emission of participate matter that passes
through a stack or stacks. The process weight rate shall be the equipment
manufacturer's or designer's guaranteed maximum input, whichever is greater.
Where the nature of any process or operation or the design of any equipment
is such as to permit more than one interpretation of this definition, the
interpretation that results in the minimum value for allowable emission
shall apply.
(51.21) 8.02 Gypsum Cookers. Section 8.01 shall not apply to gypsum cookers or
kettles constructed prior to the effective date of these regulations. No
person shall cause or allow the emission of particulate matter into the
atmosphere in any one hour from gypsum cookers or kettles constructed prior
to the effective date of these regulations in total amounts which exceed
0.3 gr/scf of exhaust gas.
(51.8) 8.03 Asphaltic Batch Plants. Section 8.01 shall not apply to an
asphaltic batch plant. No person shall cause or allow the emission of
particulate matter into the atmosphere in any one hour from any or all
operations of an asphaltic batch plant in total quantities in excess of the
amount shown on the following table:
Process Rate Total Emission Rate
Pounds Per Hour Pounds Per Hour
10,000 10
20,000 15
30,000 22
40,000 28
60,000 31
100,000 33
200,000 37
300,000 and above 40
For a process weight between any two consecutive process weights in the
table, the emission limitation shall be determined by interpolation.
Where the plant has more than one emission point, the emission total is
that from all emission points.
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8.04 Measurement. For purposes of Section 8 any measurement of emissions
into the atmosphere may be made by comparing the weight of materials before
and after processing or by measurements taken after particulate emissions
have passed through air pollution control devices or apparatus, if any, or
by other reasonably accurate methods or procedures.
8.05 Fugitive Dust. No person shall operate process equipment which
emits fugitive dust into the atmosphere unless reasonable effective precau-
tions are taken to prevent fugitive dust from being emitted into the
atmosphere.
(50.14) Section 9, Kraft Mills
9.01 No person shall discharge into the atmosphere in any one hour from
any and all operations of a Kraft Mill, total reduced sulfur in excess of
0.01 pounds.
(50.4) Section 10. Control of Hydrocarbon^
10.01 Storage. The storage of any petroleum product with a Reid vapor
pressure of 1.5 pounds per square inch or greater in a stationary tank,
reservoir, or other container of 40,000 gallons or greater capacity is
prohibited unless reasonable precautions are taken to prevent vapors from
being released into the atmosphere.
A. Reasonable effective precautions include but are not limited
to the following:
1. A floating roof, consisting of a pontoon-type or double
deck type roof, resting on the liquid and equipped with an effective,
well maintained closure seal, to close the space between the roof edge
and the tank wal1.
2. Effective vapor recovery system(s).
3. Pressure tank(s) which operate(s) at pressures greater
than atmospheric and which allow(s) no vapors to be emitted into the
atmosphere.
4. Floating plastic blanket(s).
5. Vapor balance system(s).
6. Vapor disposal system(s).
7. Painting of the exterior roof and shell of the storage
tank to reflect radiation.
B. Section 10.01 shall not apply to any stationary storage tank,
reservoir, or other container of more than 40,000 gallons constructed
before the effective date of this section, but shall apply to all such
containers which subsequently undergo extensive repair or modification to
roof or vapor recovery system and to all such containers constructed after
the effective date of this section.
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10.02 Volatile Hydrocarbons, Loading and Unloading. No person shall load
or unload any volatile hydrocarbon with a Reid vapor pressure of 4.0 pounds
per square inch or greater into any stationary storage tank or portable
transport tank or tanker unless reasonable precautions are taken to prevent
the escape of hydrocarbon vapors into the atmosphere.
A. Reasonable precautions include but are not limited to the
following:
1. A permanent submerged fill pipe the discharge opening of
which is entirely submerged when the liquid level is 6" above the bottom
of such tank.
2. Vapor recovery or return systems.
3. Leak-proof connections.
B. The provisions of section 10.02 apply only to tanks or containers
of 250 gallons or larger capacity.
10.03 Provisions of this section shall become effective October 1, 1971.
(7.0) Section 11. Upset, Breakdown or Scheduled Maintenance
11.01 Operation of any equipment or air pollution control devices or
apparatus so as to cause emissions of air contaminants in excess of limits
set by the air pollution control regulations, which is a direct result of
upset conditions or breakdown or is a direct result of the shut-down of
such equipment or air pollution control devices or apparatus for scheduled
maintenance, is not a violation of the air pollution control regulations,
provided:
A. As to scheduled maintenance, the occurrence is reported in
advance to the Secretary during his working hours, and that such work is
performed during periods of non-operation and when the Air Pollution
Potential Index is under 50.
B. As to upset or breakdown, the occurrence has been reported to
the Secretary as soon as practicable but no later than 2 hours after the
occurrence, except that when the Secretary's office is closed such report
shall be made within 2 hours after said office re-opens for regular
business.
C. Repairs are made with maximum, reasonable effort, including
use of off-shift labor, overtime, or work periods of non-operation.
D. The emission of air contaminants is minimized as much as
reasonably possible during the upset, breakdown or scheduled maintenance.
E. In the event of emission of air contaminants of a nature or in
quantities which would endanger public health or safety, such emission is
stopped entirely or reduced to harmless levels as soon as possible.
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F. Upsets or breakdown do not occur with such frequency that
careless, marginal or unsafe operation is indicated.
(3.0) Section 12. Authority to Construct
12.01 General. No person shall install, construct, erect, alter or
replace any of the articles, machines, equipment or contrivances listed
in Section 12.02 without receiving authorization for such construction
from the Secretary and paying the fee listed in Section 12.03. Nor shall
any person install, construct, erect, alter, or replace to existing
articles, machines, equipment, or contrivances listed in Section 12.02
without receiving authorization for such addition or remodeling from the
Secretary and paying up to seventy-five percent (75%) of the fees listed
in Section 12.03.
12.02 Articles, etc. (Articles, machines, equipment or contrivances
for which authority to construct is required are the following:)
A. Fuel burning equipment which produces indirect heat which is
non-gas fired or gas fired equipment which has the capability of burning
other type fuel, (not including those for use in 1 or 2 family residences)
B. Crematories and/or pathological destructors.
C. Asphaltic batch plants.
D. Those which blow asphalt.
E. Those which involve crushing, processing, sizing, screening,
cleaning, mixing or handling sand, gravel or rock.
F. Those which involve sandblasting and/or other abrasive
cleaning.
G. Those which involve chemical processes.
H. Those which involve inedible animal by-product processing.
I. Feed mills.
J. Stationary petroleum product liquid or gas storage tank,
40,000 gallons or greater capacity.
(3.0) 12.03 Fees - Authority to Construct
A. Non-gas-fired or gas fired burning equipment with provisions
for burning non-gas fuels for producing indirect heat other than those
used in one and two-family residences.
1. Maximum fuel input less than 4,000,000 BTU per hour -
fee $10.00.
2. Fuel input of 4,000,000 BTU or more per hour and less
than 20,000,000 BTU per hour - fee $25.00.
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3. Fuel input of 20,000,000 BID or more per hour and less
than 200,000,000 BTU per hour - fee $50.00.
4. Maximum fuel input of 200,000,000 BTU or more per hour -
fee $100.00.
B. Asphaltic batch plant - $100.00.
C. Asphalt blowing - fee $75.00.
D. Dust-producing operations.
1. Sand, rock, gravel, screening, crushing, sizing, cleaning,
or mixing, each - fee $50.00.
2. Operations handling or transferring sand or dust-producing
materials; e.g., concrete batching, bentonite transferring, sand blasting
etc. - fee $25.00.
E. Chemical process units - fee $150.00.
F. Inedible animal by-product processing - fee -$50.00.
G. Stationary tank, reservoir, or other container, of more than
40,000 gallons capacity containing gasoline or any petroleum distillate
having a Reid vapor pressure of 1.5 pounds per square inch or greater -
fee $25.00.
In the event that more than one fee schedule is applicable the governing
schedule shall be that which results in thp higher fep. The fee charged
for alterations shall be based upon the ratio of the cost of alterations
over the original cost, but shall not be less than $15.00 nor more than
100% of the applicable fee.
H. Crematories and/or pathological destructors - fee $25.00.
12.04 Applications. Applications for authority to construct shall be
made on forms prescribed by the Secretary, and the applicant shall give
all information necessary to enable the Secretary to make the determination
required in Section 12.05. The Secretary shall grant or deny the applica-
tion within a reasonable time and shall notify the applicant of his action
in writing stating reasons for any denial.
12.05 Standards for Granting or Denying Applications. The Secretary
shall deny an authority to construct if the applicant does not show that
every article, machine, equipment or contrivance is so designed, controlled
or equipped that it may be expected to operate without emitting or causing
to be emitted air contaminants in violation of applicable parts of these
regulations.
12.06 Conditions. The Secretary may impose conditions upon the
applicant in the authority to construct which require the applicant to
construct and maintain such facilities as are necessary for sampling and
testing purposes in order to secure information that will disclose the
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nature, extent, quantity or degree of air contaminants discharged into the
atmosphere from the article, machine, equipment or contrivance described
in the authority to construct. Such conditions will refer to such things
as the size, number and location of sampling holes; the size and location
of sampling platform; the access to sampling platform; the utilities for
operating the sampling and testing equipment; aVid the personal safety of
men engaged in sampling and testing activities.
12.07 Expiration of Authority to Construct. If not used, an authority
to construct automatically expires 12 months after the date of issuance.
12.08 Evidence of Authority to Construct. The Secretary shall issue
along with an authority to construct a sticker, plaque or other evidence
of authority to construct which shall be affixed to and kept on (or nearby)
the item for which it was issued. No person shall deface, alter, forge,
counterfeit or falsify such plaque, sticker or other evidence.
12.09 Transfer. An authority to construct is not transferable.
12.10 Payment. All fees required by this section shall be paid at the
time applications are filed with the Secretary. No fees are refundable.
Any authorization for construction issued under the provisions of this
section but not paid for is void.
12.11 Compl iance. The grant of an authority to construct shall not
relieve any person from complying with these regulations.
12.12 Effective Date. This section becomes effective January 1, 1972.
(3.0) Section 13. Annual Inspection and Registration
13.01 General. No person shall operate any of the articles, machines,
equipment or contrivances listed in Section 13.02 without paying the
annual fee therefor specified in Section 13.03 and receiving an annual
certification of inspection and registration.
13.02 Articles, Machines, Equipment, Contrivances. Articles, machines,
equipment or contrivances for which an annual certificate of inspection
and registration are required are the following:
A. Non-gas-fired fuel burning equipment for producing indirect
heat other than that used in one or two-family residences and all fuel
burning equipment rated at greater than 4,000,000 BTU per hour regardless
of the type of fuel burned.
B. Crematories and/or pathological destructors.
C. Asphaltic batch plants.
D. Asphalt blowers.
•E. Sand, rock, screening and crushing, gravel operations.
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F. Stationary operations handling or transferring sand or dust
producing material;.
G. Chemical processes.
H. Inedible animal by-product processing.
I. Stationary gasoline storage tanks of less than 40,000 Gallons
but greater than 250 gallons.
J. Stationary gasoline or petroleum distillate container of more
than 40,000 gallons capacity having a Reid vapor pressure of 1.5 pounds
per square inch or greater.
K. Sand blasting or abrasive cleaning.
L. Feed milling operations.
M. Paint and varnish manufacturing.
13.03 Annual Fee. The annual fee is $15.00.
13.04 Time to Obtain Certificates arid Pay Fees.
A. The annual certificate of inspection and registration shall
be issued on a calendar year basis.
B. Such certificates shall be obtained annually and the required
fees therefor paid on or before January 1st of each year.
C. No reduction in fees will be allowed for certificates covering
less than one year.
13.05 Applications
A. Applications for annual certificates of inspection and regis-
tration shall be made on forms prescribed by the Secretary.
B. Such forms shall require the disclosure of the following
information:
1. Name, address and telephone number of owner or operator.
2. Address or legal description of the air contaminant source.
3. Nature of air contaminants emitted.
4. Quantities of air contaminants emitted.
5. Description of the article, machine, equipment or
contrivance which produces or emits the air contaminants.
6. Description of air pollution control processes, devices
or apparatus, if any.
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7. Such other information as may be necessary to enable the
Secretary to determine the nature and quantity of air contaminants emitted
or to make the necessary inspection.
C. The certificate shall be issued by the Secretary upon completion
of the prescribed application forms and payment of the required fee.
13.06 Display. The certificate issued by the Secretary shall be affixed
to and kept on (or nearby) the item for which it was issued. No person
shall deface, alter, forge, counterfeit or falsify said certificate.
13.07 Transfer. A certificate of inspection and registration is not
transferable.
13.08 Lack of Emission Limits. The lack of emission limits or controls
in this regulations for items requiring a certificate of inspection and
registration does not bar the requirement of such certificate.
13.09 Failure to Pay. Any certificate issued under the provisions of
this section but not paid for is void.
13.10 Compliance. The issuance of a certificate of inspection and
registration shall not relieve any person from compliance with these
regulations.
13.11 Annual Inspections. The Secretary shall inspect the Air contami-
nant sources listed in Section 13.02 annually, or oftener if necessary, to
determine compliance with these regulations.
13.12 Effective Date. This section becomes effective January 1, 1972.
12.0) Section 14. Administration and Enforcement
(15.0)
A. The Secretary shall administer and enforce these regulations.
B. The Secretary is authorized to take any action or enter any
premises for the purpose of administering or enforcing these regulations,
which purpose includes but is not limited to investigation, inspection,
testing and sampling.
C. Upon request of the Secretary the person responsible for the
emission of air contaminants for which limits are established by these
regulations shall provide such facilities, utilities, and openings
exclusive of instruments and sensing devices, as may be necessary for the
proper determination of the nature, extent, quantity and degree of such
air contaminants. Such facilities may be either temporary or permanent
at the discretion of the person responsible for their provision; shall be
suitable for determinations consistent with emission limits established
in these regulations; and shall be safe to work on as well as complying
with safety laws, if any.
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D. No person shall hinder, obstruct, delay, resist, prevent or
in any way interfere, or attempt to interfere, with the Board- the
Secretary or their authorized representatives while engaged in the perfor-
mance of their work or duties.
E. No person shall fail to comply with these regulations.
Section 15. Repeal. Those ambient air quality standards and air
pollution control regulations enacted by the Board by a resolution passed
on July 29, 1968, are repealed.
Section 16. Savings Clause. These regulations do not apply to
violations of previous regulations of the Board committed prior to the
effective date of these regulations. Violations committed prior to the
effective date of these regulations shall be dealt with in accordance
with the regulations in force at the time the violation occurred.
Section 17. Severability. If any part or application of these
regulations is held invalid, the remainder or its application to other
situations or persons shall not be affected.
Section 18. Interpretation. Except as expressly provided to
the contrary in these regulations, whenever two or more parts of these
regulations limit, control or regulate the emissions of a particular air
contaminant, the more restrictive or stringent shall govern.
Section 19. These regulations apply throughout Bernalillo County.
Section 20. Effective Date. Except as otherwise expressly
provided in these regulations, these regulations shall become effective
thirty (30) days after they have been filed under the provisions of the
State Rules Act.
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FEDERALLY PROMULGATED
REGULATIONS
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14.0) 52.1623 GENERAL REQUIREMENTS
(b) Regulation for Public Availability of Emission 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) (1) 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 l--June 30 and July—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 Administrator.
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110.0) 52.1628 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.
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(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
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(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-
ti on :
(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.
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(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.
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(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
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published by the Environmental Protection Agency which
rebate 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 the 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 ptibHc 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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(17.0) 52.1634 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 matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual ari thmeti c 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 particulate
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) "he 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 Agency, 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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