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;
                                    -3-

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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.
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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
                                    -7-

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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
                                               -11-

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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
                                   -12-

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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
                                               -13-

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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
                                                -14-

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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
                                   -31-

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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.
                                   -34-

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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
                                               -38-

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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
         - 53 -

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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
                              -56-

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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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