EPA/450/3-78/086
                                              U.S. DEPARTMENT OF COMMERCE
                                              National Technical Information Service

                                              PB-290 285
            Air Pollution  Regulations in  State
            Implementation Plans:  Oklahoma
            Abcor Inc, Wilmington, MA  Walden  Div
             Prepared for

             Environmental Protection Agency, Research Triangle Park, NC


             Aug 78

-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290285
EPA-450/3-78-086
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Oklahoma
                               _ -w-.-r.Tiniv
                               \-ROitCTloN
                     AGENCY
                     i445 ROSS AVENUE
                     QMS, TEXAS 75202
        SEPROOUCtO 8Y
        NATIONAL TECHNICAL

        INFORMATION SERVICE
        U. S. DEPARTMENT OF COMMERCE
          SPRINGFIELD, VA. 22161

-------
                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1  REPORT NO.
  EPA-450/3-78-086
                             2.
                                                           3. RECIPIENTS ACCESSIOWNO.
4 TITLE AND SUBTITLE
 Air Pollution Regulations in State  Implementation
 Plans: Oklahoma
             5. REPORT DATE
              August 1978
             6. PERFORMING ORGANIZATION CODE
7 AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
  Control Programs Development Division
  Office of Air Quality Planning and Standards
  Office of Air, Noise, and Radiation
  Research Triangle  Park,  NC 27711	
                                                           13. TYPE OF REPORT AND PERIOD COVERED
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has  been  produced in compliance  with Section 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 ouality regulations
  which have not been Federally approved as of January 1, 1978, are not included here;
  omission of these  regulations from this document in no way affects the  ability of
  the respective Federal,  State, or local agencies to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
                                              b.IDENTIFIERS/OPEN ENDED TERMS
                           c.  COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS /This Report)
   Unclassified	
                                                                         21.
                                              20. SECURITY CLASS (Thispage)

                                                 Unclassified	
                                                                         22. PRICE
EPA Form 2220-1 (9-73)

-------
                                        EPA-450/3-78-086
            Air  Pollution Regulations
       in State  Implementation  Plans
>v
                         Oklahoma
flft

-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency.  Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-086
                                  11

-------
                             INTRODUCTION


     This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977.  The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.  State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have bean recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation^  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.   Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.  For example, for regulations which apply
to copper smelters, one might look under sulfur compounds  (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.   Specifically,
the summary sheets contain the date of submittal to EPA of each revision
                                    in

-------
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

-------
                      SUMMARY SHEET
                           OF
            EPA-APPROVED REGULATION CHANGES
                       OKLAHOMA
Submittal Date
   3/4/75
  10/7/75

Section Number
  52.1924
  52.1929
  52.1931
    Approval  Date
      8/6/76

      8/4/77

FEDERAL REGULATIONS
Description
Reg. 16.1, 16.3,
16.5
Reg. 4.2
  Description
  Review of new or modified indirect sources.
  Prevention of significant deterioration.
  Petroleum storage tank controls.

-------
                   TABLE OF CONTENTS
Revised Standard
Subject Index
(51.13)
(2.0)
(2.0)
(2.0)
(i.o)
(51.13)
(51.13)
(51.13)
(51.13)
(12.0)
(2.0)
(2.0)
(i.o)
(2.0)
(7.0) (9.0)
(2.0)
(i.o)
(1.0)
(3.0)
STATE
Regulation
Number
1
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
2
2.0
2.1
2.2
2.3
2.4
2.5
3
3.0
4
REGULATIONS
Title
Prohibition of Open Burning
Purpose
Scope
Effective Date
Definitions
Open Burning Prohibited
Salvage Operations Utilizing Open
Burning
Municipal Solid Waste Disposal
Permissible Open Burning
Prohibition of Removal and/or
Disabling of Motor Vehicle Pollution
Control Devices
Purpose
Scope
Definitions
Prohibited Acts
Maintenance, Repair or Testing
Use of Liquified Petroleum-Gas
Defining Terms Used in Oklahoma, Air
Pollution Control Regulations
Definitions
Pertaining to the Registration of
Page
1
1
1
1
1
2
2
2
2
5
5
5
5
6
6
6
7
7
13
                            Air Contaminant Sources

(3.0)              4.1        Registration of Potential Sources        13
                            of Air  Contaminants
                           VI

-------
Revised Standard       Regulation
  Subject Index          Number                        Title                Page
      (14.0)             4.2        Confidentiality of Proprietary           13
                                    Information
      (51.9)             5          Pertaining to the Type,  Operation        14
                                    and Maintenance of Incinerators
                                    and Defining Acceptable  Emissions
                                    Splitting Therefrom
      (51.9)             5.0        Regulation of Incinerators                14
      (51.5)             6          Pertaining to the Control  of the         17
                                    Emission of Particulate  Matter from
                                    Fuel-Burning Equipment
      (51.5)             6.0        Emission of Particulate  Matter is        17
                                    Prohibited
      (51.5)             6. 1       Existing from Fuel Burning  Equipment     17
      (50.1)             7          Pertaining to the Control  of Smoke,      19
                                    Visible Emissions and Particulates
       (2.0)             7.0        General Provisions                       19
      (50.1.2)           7.1        Smoke and Visible Emissions               19
      (50.1)             8          Pertaining to the Control  of the         20
                                    Emission of Particulate  Matter from
                                    Industrial and Other Processes and
                                    Operations
       (2.0)             8.0        General Provisions                       20
      (50.1.1)           8.1        Process Emission Limitations             20
       (2.0)             8.2        Exception to Emission Limits             20
       (9.0)             8.3        Sampling and Testing                     20
      (50.1.3)           9          Control of Fugitive Dust                 23
      (7.0) (13.0)      11          Malfunction of Equipment,  Reports        24
                                    Required
       (9.0)            12          Sampling and Testing Methods             25
      (13.0)            13          Monitoring of Emissions  Recording        26
                                    and Reporting of the Same  are Required
                                 VII

-------
Revised Standard       Regulation
  Subject Index          Number                     Title                   Page
       (3.0)             14         Permits  Required                        27
      (50.4)             15         Control  of Emission  of  Nonmethane        32
                                    Hydrocarbons
       (2.0)             15.1        Purpose                                  32
      (50.4)             15.2        Nonmethane Hydrocarbons                 32
      (50.4)             15.3        Organic  Solvents                        35
       (2.0)             15.4        General  Exceptions                       36
       (1.0)             15.5        Definition                              37
      (50.2)             16         Control  of Emission  of  Sulfur Compounds  38
       (2.0)             16.1        Purpose                                  38
      (50.2)             16.2        Exisiting Equipment- Sulfur  Oxides       28
                                    Standards
      (50.2)             16.3        New Equipment -  Sulfur  Oxides Standards  39
      (51.18)            16.31      Sulfuric Acid Plants                    39
      (51.6)             16.32      Fuel-Burning  Equipment                   40
      (51.19)            16.33      Sulfur Recovery  Plants                   42
      (51.11)            16.34      Nonferrous Smelters                      43
      (51.14)            16.35      Paper Pulp Mill                          44
      (50.2)             16.5        New Equipment -  Hydrogen Sulfide        44
                                    Standards
      (50.5)             17         Control  of Emission  of  Carbon Monoxide  46
       (2.0)             17.1        Purpose                                 46
      (50.5)             17.2        Emission Limits                          46
       (9.0)             17.2        Performance Testing                      46
      (50.3)             18         Control  of Emission  of  Nitrogen Oxides  47
       (2.0)             18.1        Purpose                                 47
      (50.3)             18.2       Emission Limits                          47
                                     VIII

-------
Revised Standard
Subject Index
(9.0)
(2.0)
(1.0)
(2.0)
(15.0)
(8.0)
(9.0)
(5.0)
(16.0)
(3.0) (5.0)
(16.0)
(14.0)
(2.0)
(2.0)
(50.7)
(2.0)
(2.0)
(50.1.2)
(51.9)
(51.5)
(50.1.1)
(51.8)
(51.13)
(12.0)
Regulation
Number
18.3
28-25
28-26
28-27
28-28
28-30
28-31
28-32
28-33
28-34
28-35
28-36
28-37
28-38
28-39
28-40
28-41
28-42
28-43
28-44
28-45
28-46
23-47
28-48
Title
Performance Testing
Citation
Definitions
Notice of Changes
Enforcement
Emergency
Tests, Data Sampling
Variances
Air Quality Control Variance Board
Application for Variance
Public Hearings
Proprietary Information
Notice
Fee
Nuisance Declared
Liability
Air Pollution Prohibited
Emission of Dense Smoke Prohibited
Incinerators
Fuel Burning Equipment
Process Equipment or Operations
Hot Mix Asphalt Plants
Open Burning Prohibited
Motor Vehicle Pollution Control
Page
47
49
49
52
52
52
52
52
53
54
54
54
55
55
55
55
55
55
55
56
57
57
57
58
                              Devices
(51.5)
28-49
Tables and Charts
59
                               IX

-------
TULSA CHARTER AND REVISED ORDINANCES
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(3.0)
(50.7)
(2.0)
(9.0)
(2.0)
(51.13)
(51.9)
(50.1)
(50.2)
(2.0)
(5.0)
(15.0)
(2.0)
Section
Number
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
Title (
Def i ni ti ons
Technical Advisory Council
Zoning and Planning
Building Permits
Nuisance
Listing of Devices and Equipment
Inspection
Rules and Regulations
Control of Open Burning
Incinerators
Control of Air Pollution from
Smoke and Parti cul ate Matter
Control of Air Pollution from Sulfur
Compounds
Right or Review and Exceptions Thereto
Variances
Penalties
Limitations
'age
66
66
66
66
67
67
67
67
67
70
72
78
82
83
S3
83
FEDERALLY PROMULGATED REGULATIONS
(10.0)
(17.0)
(51.16)
52.1924
52.1929
52.1931
Review of New or Modified Indirect
Sources
Prevention of Significant Deterioration
Petroleum Storage Tank Controls
86
96
108

-------
                         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
                                           XI

-------
       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
                                          XII

-------
                                    Regulation No.  1


(51.13)                         Prohibition of Open  Burning



(2.0)    1.0  Purpose

               This regulation is for the purpose of preventing,  abating,  and
        controlling air pollution resulting from air contaminants released in. the
        open burning of refuse and other combustible materials.

(2.0)    1.1  Scope

               This regulation shall  apply to all operations involving open burning
        except those specifically exempted by Section 1.7.

(2.0)    1.2  Effective Date

               The effective date of this regulation shall be January 1,  1971.

(1.0)    1.3  Definitions

               As used in this regulation, the words and phrases  shall have the
        definitions set forth below in this section.   The definitions contained in
        the Oklahoma Clean Air Act, under which this regulation  is promulgated,
        shall  also apply.

               Open burning shall mean the burning  of combustible materials in such
        a manner that the products of combustion are emitted directly to  the outside
        atmosphere.

               Combustible materials  shall mean any substance which will  readily burn
        and shall include those substances which, although generally considered in-
        combustible, are or may be included in the  mass of the material  burned or to
        be burned.

               Refuse shall mean garbage, rubbish,  and all other  wastes  generated by
        a trade, business, industry,  building operation, or household.

               Products of combustion  shall  mean all  particulate and gaseous air
        contaminants emitted as a result of the burning of refuse and combustible
        materials.

               Open-pit incinerator shall mean a device consisting of a  pit (into
        which  the material to be combusted is placed)   and nozzles, pipes, and
        other  appurtenances designed  and arranged in a manner to  deliver  additional
        air and/or auxiliary fuel to, or near, the  zone of combustion so  that
        theoretically complete combustion is  accomplished or approached.
                                              -1-

-------
(51.13)   1.4  Open Burning  Prohibited

                No person shall  cause,  suffer,  allow,  or  permit open burning or
         refuse and other combustible material  except  as  may be allowed in
         compliance with Section 1.7.

(51.13)   1.5  Salvage Operations Utilizing  Open Burning

                No person shall  cause,  suffer,  allow,  or  permit open burning of
         combustible material  in connection with the salvage of motore vehicles, tires,
         oil and similar substances, containers, coated or  painted wire and metals,
         and other material.

(51.13)   1.6  Municipal  Solid  Waste Disposal

                Open burning shall  not  be utilized in  any manner  in the operation
         of dumps and other solid waste disposal areas owned and  operated by
         cities or towns of greater than 10,000 population, according to the latest
         federal census. Such disposal  areas  owned and/or  operated by other
         persons under license,  permit,  or contract to a  city  or  town of greater
         than 10,000 population shall be deemed to fall within the provisions of
         this section.   Dumps  and other solid  waste disposal areas operated for
         the convenience of a  populated area of greater than 10,000 or for the
         convenience of part or all of  a city  or town  of  greater  than 10,000
         shall be deemed to fall within the provisions of this section.

                Any city or town adjacent thereto with a  common boundary with a city
         or town of greater than 10,000 population shall  be deemed to fall within
         the provisions of  this section as of  July 1,  1971.  The  following time
         schedule shall likewise apply  to cities and towns  of  lesser population
         and those adjacent thereto with a common boundary.

                            5,000 to  10,000 population     July  1, 1972
                            3,000 to  5,000 population       July  1, 1973
                           All other cities or towns       July  1, 1974

(51.13)   1.7  Permissible Open Burning

                The open burning of refuse and other combustible  material may be
         conducted as specified in the  sub-sections set forth  below if no public
         nuisance is or will  be created and if the burning  is  conducted  in compliance
         with, other applicable laws  and the ordinances,  regulations and orders of
         governmental entities  having  jurisdiction,  including air  pollution control
         ordinances, regulations and  orders. The authority  to  conduct open burning
         under the provisions  of this  section  does not except  or  excuse  a person  from
         the consequences,  damages, or  injuries which  may result  from such conduct
         nor does it excuse or exempt  any person from  complying with all applicable
         laws, ordinances,  regulations, and orders of  the governmental entities
         having jurisdiction,  even though the  open burning  is  conducted  in compliance
         with this section.

             1.701  Firest  purposely  set for the instruction  and  training of  public
         and industrial fire-fighting  personnel when  authorized by  the appropriate
         governmental entity.


                                           -2-

-------
       1.702  Fires set for the elimination of a fire hazard which cannot
be abated by any other means when authorized by the appropiate governmental
entity.

       1.703  Fires set for the removal of dangerous or hazardous material
where there is no other practical or lawful method of disposal.

       1.704  Camp fires and other fires used solely for recreational pur-
poses, for ceremonial occasions, or for outdoor non-commercial preparation
of food.

       1.705  Fires purposely set to forest or range lands for a specific
reason in the management of forests or game in accordance with practices
recommended by the Oklahoma Department of Wildlife Conservation, the
Oklahoma State Department of Agriculture, and the United States Forest
Service.

       1.706  The burning of trees, brush, grass, and other vegetable
matter in the clearing of land, right-of-way maintenance operations, and
agricultural crop burning if the following conditions are met:

       a.  Prevailing winds at the time of the burning must be away from
           any city or town, the ambient air of which may be affected by
           air contaminants from the burning;

       b.  The location of the burning must not be adjacent to an occupied
           residence other than those located on the property on which the
           burning is conducted;

       c.  Care must be used to minimize the amount of dirt on the material
           being burned;

       d.  Oils, rubber, and other similar materials which produce unreasonable
           amounts of air contaminants may not be burned;

       e.  The initial burning may begin only between three hours after sun-
           rise and three hours before sunset and additional fuel may not
           be intentionally added to the fire at times outside the limits
           stated above, and

       f.  The burning must be controlled so that a traffic hazard is not
           created as a result of the air contaminants being emitted.

       1.707  Where no municipal collection and disposal service is available,
the burning of refuse and other combustible materials generated in the oper-
ation of a domestic household if the following conditions are met:

       a.  The material to be burned must be the combined waste from a
           building designed to accommodate more than three such households;

       b.  The burning must be conducted on the property on which the waste
           is generated; and

       c.  The initial burning may begin only between three hours after sun-
           rise and three hours before sunset and additional fuel may not be
           intentionally added to the fire at times outside the limits stated
           above.

                                       -3-

-------
       1.708  Except as may be prohibited by other provisions of this
regulation, open burning may be utilized in the operation of dumps and
other solid waste disposal areas owned and operated by, or otherwise
serving, cities and towns of 10,000 population or less (according to the
latest official federal census), unincorporated cities and towns, and  rural
areas if the following conditions are met:

       a.  The burning must not be conducted within a city or town (other
           than the city or town which is the source of the refuse) or in
           such proximity thereto that the ambient air of such city or town
           may be affected by the air contaminants being emitted;

       h.  The burning must not be conducted within one mile of the boundary of
           the State of Oklahoma;

       c.  The burning must not be conducted within 1,000 feet of any  high-
           way designated on the official state highway map prepared by
           the Oklahoma State Department of Highways, and, in any event, the
           burning must be controlled so that a traffic hazard is not  created
           on any public road, street, or highway as a result of the air
           contaminants being emitted; and

       d.  The burning must be conducted within one mile of any military,
           commercial, county, municipal, or private airport or landing
           stri p.

       1.709  The burning of hydrocarbons which are spilled or lost as a
result of pipeline breaks or other accidents involving the transportation
of such materials or which are generated as wastes as the result of oil
exploration, development, refining, or processing operations if the
following conditions are met:

       a.  The material cannot be practicably recovered or otherwise law-
           fully disposed of in some other manner;

       b.  The burning must not be conducted within a city or town or in
           such proximity thereto that the ambient air of such city or town
           may be affected by the air contaminants being emitted;

       c.  The initial burning may begin only between three hours after
           sunrise and three hours before sunset and additional fuel may not
           be intentionally added to the fire at times outside the limits
           stated above; and

       d.  The burning must be controlled so that a traffic hazard is  not
           created as the result of the air contaminants being emitted.

       1.710  The burning of any combustible material in an open-pit
incinerator which has been properly designed and which is properly operated
for the control of smoke and particulate matter.

       1.711  The burning of hydrocarbons, which must be wasted, through
the use of smokeless atmospheric flares.
                                       -4-

-------
                                   Regulation No.  2


(12.0)                       Prohibition of Removal and/or
                         Disabling of Motor Vehicle Pollution
                                  Control Devices


(2.0)   2.0  Purpose

             This regulation is for the purpose of preventing,  abating,  and
        controlling air pollutants which would otherwise be emitted through the
        operation of motor vehicles and of motor vehicle engines.

(2.0)

             This regulation shall apply to all motor vehicles, registered
        or subject to registration with the Oklahoma State Tax  Commission, in
        which, as new vehicles, motor vehicle pollution control devices  have
        been installed by virtue of federal  laws and regulations,  in effect
        now and hereafter, requiring such devices  to be installed.   However,
        nothing in this regulation shall supersede or otherwise modify such federal
        laws and regulations, nor shall anything in this regulation be construed
        to require the installation of motor vehicle pollution  control devices
        on motor vehicles not referred to by such  federal  laws  and regulations.

(1.0)   2.2  Definitions

             As used in this regulation, the words and phrases  shall have the
        definitions set forth below in this section.  The definitions contained
        in the Oklahoma Clean Air Act, under which this regulation is promulgated,
        shall  also apply.

             Motor vehicle shall mean a self-propelled, wheeled vehicle  designed
        for normal use of public streets and highways.

             Motor vehicle pollution control device shall  mean  any or all  of the
        devices or systems referred to in this section and designed to control  or
        prevent air pollution emissions from motor vehicles.

             Positive crankcase ventilator shall mean a system, device,  or designed
        and installed in such a manner as to prevent or reduce  the release or
        emission to the outside atmosphere of gases and/or vapors  produced or other-
        wise present in the crankcase of the engine of a motor  vehicle.

             Exhaust emission control system shall  mean a  system.,  device, or
        engine modification designed and installed in such a  manner as to reduce or
        prevent the emission to the atmosphere of  air pollutant gases, vapors,  and
        particulate matter released from the motor vehicle engine  through the exhaust
        manifold and tailpipe.
                                             -5-

-------
             Evaporating loss  control  system shall  mean  a  system or device
        designed and installed in such a  manner as  to  reduce  or prevent  the
        emission to the atmosphere of  the vapors of the  hydrocarbon fuel  contained
        in the fuel tank, carburetor,  and/or fuel  pump of  the motor vehicle.

             New vehicle shall  mean a  motor vehicle which  is  in the possession
        of persons in the channels of  commerce in such a manner that the vehicle
        is not subject to registration with the Oklahoma State Tax  Commission by the
        ultimate purchaser.

(2.0)    2.3  Prohibited Acts

             No person shall cause, suffer, allow,  or  permit  the removal, dis-
        connection, and/or disabling of a positive  crankcase  ventilator,  exhaust
        emission control system,  or evaporative loss control  system which has been
        installed on a motor vehicle;  nor shall any person defeat the design  pur-
        pose of any such motor vehicle pollution control device by  installing
        therein or thereto any part or component which is  not an authentic  replacement
        part or component of the  device.

(7.0)    2.4  Maintenance, Repair, or Testing
(9.0)
             For the purpose of routine maintenance, repairs, or testing of  the
        motor vehicle, its components, or the motor vehicle pollution control de-
        vices, the motor vehicle  or its engine may not be  operated  on public
        streets or highways with  the motor vehicle  pollution  control  devices  removed
        or otherwise rendered inoperable.

(2.0)    2.5  Use of Liquefied Petroleum Gas

             Operation of a motor vehicle or its engine  which uses  liquefied
        petroleum gas as fuel  is  hereby exempted from  provisions of this regulation.
                                              -6-

-------
                                    Regulation No.  3
(1.0)                         Defining Terms  Used in  Oklahoma
                            Air Pollution Control  Regulations
(1.0)    3.0  Definitions

               3.01   It is the purpose of this regulation  to provide  definitions
        of words and phrases used in the field of air pollution  and which  are  con-
        sistent with accepted usage.  The definitions contained  in  the  Oklahoma
        Clean Air Act,  under which this regulation is promulgated,  shall also
        apply as well  as those included in Regulations Nos.  1  and 2.

               Air Contaminant Source - any and all  sources  of emission of air
        contaminants,  whether privately or publicly owned  or operated,  or  person
        contributing to emission of air contaminants.  Without limiting the gen-
        erality of the  foregoing, this term includes all types of business, commercial
        and industrial  plants, works, shops and stores, and  heating and power  plants
        or stations, buildings and other structures  of all types.

               Air Pollution Abatement Operation - any operation which  has its essential
        purpose a significant reduction in (a) the emission  of air  contaminants,  or
        (b) the effect  of such emission.

               Atmosphere - the air that envelops or surrounds the  earth.

               Chimney  - any conduit, duct, stack, vent, flue, or opening  of any  kind
        whatsoever arranged to conduct any emission  of products  to  the  atmosphere.

               Division - is the Air Pollution Control  Division, Oklahoma  State
        Department of Health.

               Dust - solid particulate matter released into or  carried in the air
        by natural  forces, by any fuel-burning, combustion,  process equipment  or  device,
        construction work, mechanical or industrial  processes.

               Equivalent Opacity - the degree to which an emission,  other than gray
        or black smoke, is partially or wholly impervious  to rays of  light and
        causes obstruction of an observer's view, expressed  as an equivalent of the
        obstruction  caused by a gray or black  smoke  emission of  a given density as
        measured by a Ringelmann Smoke Chart.

               Excess Air - air entering  a combustion chamber  in excess of the amount
        theoretically required to complete combustion of materials  in the  combustion
        chamber.

               Fly Ash  - particulate matter capable  of being gasborne or airborne,
        consisting  essentially of fused ash and/or burned  or unburned material.
                                              -7-

-------
       Fuel-Burning Equipment - any equipment, device, or contrivance,
and all appurtenances thereto, including ducts, breechings, fuel-feeding
equipment, ash-removal equipment, combustion controls, stacks and chimneys,
used primarily to burn any fuel for the purpose of indirect heating in
which the material being heated is not contracted by and adds no substance
to the products of combustion.

       Incinerator - a combustion device specifically designed for the des-
truction, by high temperature burning, of solid, semi-solid, liquid, or
gaseous combustible wastes and from which the solid residues contain little
or no combustible material.

       Mechanical Fuel-Burning Equipment - fuel-burning equipment incor-
porating means by which fuel is mechanically introduced into the combustion
chamber.

       Mist - a suspension of any finely divided liquid in any gas or
atmosphere excepting uncombined water.

       Multiple-Chamber Incinerator - any article, machine, equipment, or
contrivance or part of a structure, used to dispose of refuse or garbage
by burning, consisting of three or more refractory-lined chambers in series,
physically separated by refractory walls, interconnected by gas passage ports
or ducts and employing adequate design necessary for maximum combustion of
material to be burned.

       Odorant  (Odor) - that property of a material that affects the sense
of smel 1.

       Opacity - see Equivalent Opacity.

       Particulate Matter - any material that exists in a finely divided form
as a liquid or a solid.

       Process Equipment - any equipment, device or contrivance for changing
any materials or for storage or handling of any materials, the use or
existence of which may cause any discharge of air contaminants into the open
air, but not including that equipment specifically defined as Fuel-Burning
Equipment, or Refuse-Burning Equipment.

       Process Weight - the weight of all materials introduced in a source
operation, including solid fuels, but excluding liquids and gases used
solely as  fuels, and excluding air introduced for the purposes of combustion.
Process weight rate means a rate established as follows:

        (a)  For continuous or  long-run, steady-state, operations, the total
            process weight for the entire period of continuous operation or
            for a typical portion thereof, divided by the number of hours of
            such period or portion thereof.

        (b)  For cyclical or batch source operations, the total process weight
            for a period which covers a complete or an integral number of
            cycles, divided by the hours of actual process operation during
            such period.
                                       -8-

-------
         (c)  Where the nature of any process or operation or the design
              of any equipment is such as to permit more than one inter-
              pretation of this definition,  that interpretation  which re-
              sults in the minimum value for allowable emission  shall apply.

         Refuse - the inclusive term for solid,  liquid or gaseous waste pro-
ducts which are composed wholly or partly of such materials as garbage,
sweepings, cleanings, trash, rubbish, litter, industrial, commercial  and
domestic solid, liquid or gaseous waste; trees or shrubs; tree or shrub
trimmings; grass clippings; brick, plaster,  lumber or other waste resulting
from the demolition, alteration or construction  of building or structures;
accumulated waste material, cans, containers, tires, junk or other such
substances.

         Refuse-Burning Equipment - any equipment, device, or contrivance,
and all appurtenances thereto, used for the  destruction of combustible re-
fuse or other combustible wastes by burning.

         Ringelmann Chart - the chart published  and described in the  U.S.
Bureau of Mines Information Circular 8333.

         Smoke - small gasborne or airborne  particles resulting  from  com-
bustion operations and consisting of carbon, ash, and other matter any or
all of which is present in sufficient quantity to be observable.

         Source Gas Volume - the volume in standard cubic feet,  of all gases
leaving a source operation; for purposes of  this definition, the boundary
of a source operation is that point or surface at which the separation of
the air contaminants from the process materials, or the conversion of the
process materials, or the conversion of the  process materials into air con-
taminants, is essentially complete.

         Source Operation - is the last operation preceding the  emission of
an air contaminant, which operation (a) results  in the process materials or in  the
conversion of the process materials into air contaminants, as in the  case  of
combustion fuel; and (b) is not an air pollution abatement operation.

         Stack - is any chimney, flue, duct, conduit, exhaust, vent or
opening of any kind whatsoever capable of, or used for, the emission  of
air contaminants.

         Standard Conditions - a gas temperature of 68 degrees Fahrenheit
(20° Centrigrade) and a gas pressure of 14.7 pounds per square inch absolute.

         Standard Cubic Foot of Gas - that amount of gas which would  occupy
a cube having dimensions of one foot on each side, if the gas were at standard
conditions; calculations to determine the number of standard cubic feet cor-
responding to actual measured conditions shall follow accepted engineering
practice.

         Standard Dry Cubic Foot of Gas - that amount of the gas which would
occupy a cube having dimensions of one foot  on each side, if the gas  were
free of water vapor and at standard condition; calculations to determine  the
number of standard dry cubic feet corresponding  to actual measured conditions
shall follow accepted engineering practice.
                                      -9-

-------
       Visible Emission - is any air contaminant, vapor or gas stream which
contains or may contain an air contaminant which is passed into the atmosphere
and which is perceptible to the human eye.

       Air Pollution Episode - high levels of air pollution existing for an
extended period (24 hours or more) of time which may cause acute harmful
health effects during periods of atmospheric stagnation, without vertical
or horizontal ventilation.  This occurs when there is a high pressure air
mass over an area, a low wind speed and there is a temperature inversion.
Other factors such as humidity may also affect the episode conditions.

       Architectural Coating - a coating used for residential, commercial
and/or industrial  buildings and their appurtenances.

       Basic Oxygen Furnace -  (BOF)  - a furnace in which the melting and
refining of iron are accomplished by the addition at high velocities of
large amounts of high purity oxygen to the atmosphere above the surface of
the metal bath.  The metal is held in a til table vessel with a basic refractory
lining.  Such a furnace includes the furnace proper, oxygen lance, scrap
and flux charging units, iron transfer units, gas collecting and cleaning
equipment, stacks and any other auxiliaries pertinent to the process.

       Blast Furnace - furnace and equipment used in connection with the
smelting process 6T~reducing metallic ores to molten metal in which primarily
oxygen is removed from the ore and gas is produced as a by-product.  The
furnace and equipment consists of, but is not limited to, the furnace proper,
charging equipment, stoves, bleeders, gas dust-cleaning devices, after-
burner, and other auxiliaries pertinent to the process.

       Catalytic Cracking Unit - a unit composed of a reactor, regenerator
and fractionating towers which is used to covert certain petroleum fractions
into more valuable products by passing the material through or commingled
with a bed of catalyst in the reactor.  Coke deposits produced on the
catalyst during cracking are removed by burning off in the regenerator.

       Effluent Water Separator - any tank, box, sump, or other container in
which any material compound floating on or entrained or contained in water
entering such tank, box, sump or other container is physically separated
and removed from such water prior to outfall, drainage, or recovery of such
water.

       Existing Source- an air contaminant source which is in being on the
effective date of these regulations.

       Foundry Cupola - a shaft-type furnace used for the melting of metals
usually consisting of, but not limited to, the furnace proper, tuyeres,
fans or blowers, tapping spout, charging  equipment, gas-cleaning devices and
other auxiliaries.  Shaft furnaces used for processing non-metallic
materials are not included under this definition but are included in the
definition of process equipment.

       Fugitive Dust - solid air-borne particulate matter emitted from any
source other than a stack or chimney.
                                      -10-

-------
       Fume - minute solid particles generated by the condensation of vapors
to solid matter after volatilization from the molten state, or generated
by sublimation, distillation, calcination, or chemical reaction when these
processes create air-borne particles.

       Garbage - all putrescible  animal and vegetable matter resulting from
the handling, preparation, cooking and consumption of food.

       Motor Vehicle -  (See definition in Regulation No. 2)

       New Installation (Source or Equipment) - an air contaminant source
which is not in being on the effective date of these regulations and any
existing source which is altered, replaced, or rebuilt after the effective
date of the regulations such that the amount of air contaminant emissions
is increased.

       Nitric Acid Plant - process involving the high temperature oxidation
of ammonia with air over a catalyst to^orm nitric oxide which  is  reacted with
air to form nitrogen dioxide wnicn is absorbed in water to weak nitric acid
which may be concentrated.  The plant consists of, but is not limited to, the
the reactor, absorber, concentrator and ether auxiliaries pertinent to the process,

       Organic Materials - chemical compounds of carbon excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic cabonates,
and ammonium carbonate.

       Paper Mill - plant in which paper, paperboard, carboard, paper felt,
or similar material is produced from waste paper products, wood chips and/or
pulp slurry, including, but not limited to, mixers, forming screens, suction
boxes, dryers, filters, paper rolls and other auxiliary equipment pertinent
to the process.

       Particle Board - mat-formed flat panels consisting of wood particles
bonded together with synthetic resin or other suitable binder.

       Petroleum and Natural Gas Processes - processes used in the processing
of crude petroleum and/or natural gas into refined products including, but
not limited to, distillation columns, treating columns, catalytic cracking
units, catalytic reforming units, sulfur removal  equipment, petroleum
coke units, flares, heat exchangers, reboilers, jet ejectors, compressors,
recompressors and other auxiliary equipment pertinent to the process.

       Photochemically Reactive Solvent - any solvent with an aggregate of
more than zu percent of its total volume composed of the chemical compounds
classified below or which exceeds any of the following individual per-
centage composition limitations, referred to the total volume of solvent:

       (a)  A combination of hydrocarbons, alcohols, aldehydes, esters, ethers,
            or ketones having an olefinic or cyclo-olefinic type of unsat-
            uration:  5 percent;

       (b)  A combination of aromatic compounds with either eight (8) or
            more carbon atoms to the molecule except ethyl benzene :  8 percent;

       (c)  A combination of ethyl benzene, ketones having branched hydrocarbon
            structures, trichloroethylene or toluene:  20 percent.


                                     -n-

-------
Whenever any organic solvent or any constituent of an organic solvent may
be classified from its chemical structure into more than one of the above
groups of organic compounds, it shall  be considered as a member of the most
reactive chemical group; that is, that group having the least allowable
percent of the total volume of solvents.

       Plywood - a panel built generally of a number of thin sheets of veneers
of wood in which the grain direction of each ply or layer is at an angle to
the one adjacent to it.

       Soiling Index - a measure of the soiling properties of suspended part-
iculates determined by drawing a known volume of air through a known area of
filter paper tape and measuring the optical density of the filtered deposit
as given in the American Society for Testing Materials Standard D 1704-61,
expressed in coefficient of haze (COH's) per 1000 linear feet.

       Submerged Fill Pipe - means any fill pipe or dishcarge nozzle which
meets any one of the following conditions:

       (a)  The bottom of the discharge pipe or nozzle is below the surface
            of liquid in the receiving vessel for at least 95 percent of the
            volume filled.

       (b)  The bottom of the discharge pipe or nozzle is less than 6 inches
            from the bottom of the receiving vessel.

       (c)  The bottom of the discharge pipe or nozzle is less than 2 pipe
            or nozzle diameters from the bottom of the receiving vessel.

       (d)  Other conditions acceptable to the Director.

       Pulp Mill - the process equipment used in production of pulp from
wood chips or bolts which may include but are not limited to, debarker,
chipper, digester, blow tank, washers, condensers, evaporators, recovery
furnace, lime kiln, smelt-dissolving tank, mixers, heat exchangers, gas
scrubbers and other auxiliaries pertinent to the process.

       Stationary Engine - an internal combustion engine not providing
motive power to a motor vehicle.  Stationary external combustion engines
are included in the definition for fuel-burning equipment.

       Temperature Inversion - a phenomenon in which the temperature in a
layer of air increases with height and the cool heavy air below is trapped
by the warmer air above and cannot rise.

       Veneer - a thin panel of wood usually not exceeding 1/4 inch in thick-
ness, formed by slicing or peeling from a log.

       Volatile Organic Compound - any compound containing carbon and hydro-
gen or containing carbon and hydrogen in combination with any other element
v/hich has a vapor pressure of 1.5 pounds per square inch absolute or greater
under actual storage condition.
                                     -12-

-------
                                     Regulation  No.  4
 (3.0)                         Pertaining  to  the  Registration
                                of Air Contaminant  Sources
         4.0   The  purpose  of this  regulation  is  to  provide  the  Council with  data
         whereby they  might  determine  conditions of air  pollution,  as between  part-
         icular air contaminant  sources  and as between particular areas of the
         state, such as  urban, suburban,  and  rural  areas.

 (3.0)    4.1   Registration of Potential  Sources  of  Air Contaminants

              (a)   The owner or  operator of any  potential air contaminant source on
         the  effective date  of this  regulation shall  at  such time as requested, file
         with the  Council  information  as to the  nature of the air contaminant  source
         including such  information  as would  be  needed or useful in evaluating the
         potential  of  the  source for causing  air pollution.

              (b)   The following information  may be included for each source:  total
         weight of the contaminant released per  day;  period or  periods of operation;
         composition of  the  contaminant;  physical state  of  the  contaminant;  temperature
         and  moisture  content of the air or gas  stream at the point where released
         into the  atmosphere and such  other information  as  may  be specifically
         requested by  the  Director.  Where an air or gas cleaning device is  incor-
         porated in the  air  or gas stream preceding discharge to the atmosphere, the
         weight of material  removed  by the cleaning device, as  well as the weight
         emitted,  shall  be stated.


(14.0)    4.2   Confidentiality of Proprietary  Information

              No person  shall  disclose to anyone other than the Air Pollution
         Council,  the  Commissioner,  or a  Court of competent jurisdiction any
         information furnished or  obtained pursuant to this regulation.  Emission
         data must be  made available at  all times to  the public during working hours.

              Upon request of the  interested  party  or parties,  all  hearing in  which
         proprietary information is  to be divulged  shall be held "in camera" and
         such information  shall  be sealed and access  otherwise  limited.  Emission
         data shall  never  be considered  "proprietary" for purposes  of these  regulations
         and  must  be available at  all  times to the  public during normal working hours.
                                             -13-

-------
                                    Regulation No.  5


(51.9)              Pertaining to the Type,  Operation and Maintenance
                   of Incinerators and Defining Acceptable Emissions
                                   Emitting Therefrom
(51.9)   5.0  Regulation of Incinerators

             The purpose of this regulation is to deem it unlawful  to burn refuse
        in any incinerator except in a multiple-chambered incinerator or in equipment
        determined by the Director to be equally effective for the  purpose of air
        pollution control.

             This regulation shall  become operative one year from and after its ef-
        fective date.  It will  apply to any and all incinerators utilized within the
        State of Oklahoma.

        5.1  No person shall cause, suffer, allow, or permit the discharge of smoke
        from an incinerator of a density darker than number one (1) on the Ringelmann
        Chart or a visible emission of such an equivalent opacity as to obscure a
        certified visible emission evaluator's view to a degree greater than number
        (1) on the Ringelmann Chart.

             5.12  Paragraph 5.1 of this regulation shall not apply to:

                   5.121  Visible emissions consisting of uncombined water droplets.

                   5.122  Smoke, the density of which is not darker than number
                          three (3) of the Ringelmann Chart for a period  aggreg-
                          ating no more than five (5) minutes in any sixty (60)
                          consecutive minutes in any twenty-four (24) hour period.

        5.2  No person shall cause or allow to be emitted into the  open air from
        any incinerator equipment, fly ash or other particulate matter in quantities
        greater than shown in Figure 1.  Solid fuels charged will be considered as
        part of the refuse weight, but No. 1 and No. 2 fuel oil and gaseous fuels
        and combustion air will not be so considered.

        5.3  Hereafter no person shall operate an incinerator unless:

             5.31  It is provided with an auxiliary burner for the  purpose of main-
                   taining a temperature of at least 800°F. in the  primary combustion
                   chamber.

             5.32  It has a secondary burner for use when necessary to eliminate smoke.

             5.33  It is a type of incinerator design that can be demonstrated to the
                   Director to be effective in accordance with the  provisions of this
                   regulation.  The burden of proof shall rest upon the owner of the
                   proposed incinerator.


                                             --14-

-------
5.34  Comply with generally recognized good practices and all
      applicable provisions of this regulation.

5.35  Make full and proper use of all components and appurtenances
      thereof.
                               -15-

-------
                    Figure 1.   ALLOWABLE EMISSION  OF
                               PARTICULATES FROM  INCINERATORS

60



10

6.0
3.0
4.0
3.0
2.0
.8
.7
.6
.5
.3
.2
^
1






















^
/





*








i











f
f


























f



























/\



























X




























X




























s



























/




























/



























s

i

























/
^


























/



2<























/

































3(





















,4
x^


























4







51



















g^








1







"1










X
















IS

-







s

















B
/








x









11





/
I/
/









/
X"









«














^

^
^

























•!••

^


























Mta
X*1



























^
1

1
























^




























y1



























,x




















































































W ZOO 300 400 500 70O 1000 2000 4000 10ODO 20000 4*000 100000
                  Refuse Charged in Pounds per Hour
Allowable Emission Rate May Be Calculated Using the Following Formula
for values of X-^100:
    Y = 0.01221X+-7577
    X = Refuse Charged, Ib./hr.
    Y = Allowable Emission, Ib./hr.
                                   -16-

-------
                                    Regulation  No.  6

(51.5)                  Pertaining  to the  Control  of the  Emission of
                      Particulate  Matter  from Fuel-Burning  Equipment


(51.5)   6.0  Emission of Particulate Matter  is  Prohibited

             The emission or escape  into  the open air of particulates resulting
        from the combustion  of fuel  in  any fuel-burning  equipment or from any stack
        connected thereto in quantities in excess of that indicated in Table 1 or in
        Figure 1 is  hereby prohibited.

(51.5)   6.1  Existing from Fuel-Burning Equipment  •

             Any fuel-burning equipment in operation prior  to  the effective date of
        this regulation shall  not  emit  particulate  matter in excess of 0.6 pounds per
        million B.T.U.  heat  input  provided that all such existing equipment shall
        comply with  paragraph 6.0  of this regulation within eighteen (18) months
        from and after the effective date of this regulation.

        6.2  The emission or escape  into  the open air of particulate matter resulting
        from the combustion  of fuel  in  any fuel-burning  equipment in quantities ex-
        ceeding the  limits specified in Table 1  for the  size of equipment involved,
        is  prohibited.   These limitations shall  apply when  the fuel-burning equipment
        is  operating at maximum design  heat  input rating.   The heat input rating of
        any unit discharging to a  single  stack  shall be  the maximum design input
        rating, including both heat  available from  burning  of  fuel and any sensible
        heat from materials  introduced  into  the combustion  zone of a standard temper-
        ature of 60°F.   For  a heat input  between  any two (2) consecutive heat inputs
        stated for Table 1 of this regulation,  maximum allowable emission of part-
        iculate matter are shown on  Figure 1.   When one  fuel-burning unit is connected
        to  two or more stacks,  the heat input of the equipment shall be the criterion
        for the maximum allowable  total emission  from all stacks combined.

        6.3  The burning of  refuse in fuel-burning  equipment is prohibited except in
        equipment specifically designed to burn refuse.

        	Table 1.	
               Heat  Input in Million               Maximum Allowable Emissions
               British  Thermal  Units               of Particulate Matter in
                     per hour                         Pounds  per Million
        	British Thermal Units	
             Up to and  including 10                          0.60

                      100                                   0.35

                    1,000                                   0.20

                  10,000 and above                          0.10
                                             -17-

-------
                               Figure  1.


     Particulate Matter Emission Limits for  Fuel-Burning Equipment
CO



o



CO
to
1/1
ca
<
o
_i
_i
*£.
             10            102            103            104


                 EQUIPMENT CAPACITY RATING, 106 BTU/HR
                                    -18-

-------
                                    Regulation  No.  7


(50.1)                      Pertaining to  the  Control  of  Smoke,
                           Visible Emissions  and  Particulates


(2.0)    7.0  General  Prohibition

             7.01   No person owning, leasing, or  controlling the  operation  of any
        air contaminant source shall willfully, negligently, or through  failure  to
        provide necessary equipment or facilities or  to  take necessary precautions,
        permit the emission from  said air contaminant source of such quantities  of
        air contamination as will  cause a condition of air  pollution.

             7.02   All  existing installations shall comply  with this regulation
        within 18  months of its effective date.

(50.1.2)7.1   Smoke and  Visible Emissions

             7.11   No person shall cause, suffer, allow,  or permit discharge of  smoke
        of a density  darker than  number one  (1) on  the Ringelmann Chart.

             7.12   Paragraph 7.11  shall not  apply to:

                   7.121   Smoke emitted during  the  cleaning of a  fire, the  building
                          of a new fire or the  blowing of soot from boilers, or
                          other short-term occurrences,  the density of which is  not
                          darker  than number  three  (3) on the Ringelmann Chart for
                          a period aggregating  no more than five  (5) minutes in  any
                          sixty (60) consecutive  minutes  or more  than 20 minutes in
                          any 24-hour period.

                   7.122  Smoke resulting from  fires  covered by the exceptions out-
                          lined in Regulation No. 1.

             7.13   If a person shall cause,  suffer, allow or permit discharge of a
        visible emission of such  an equivalent  opacity as to obscure a certified
        visible emission evaluator's view to  a  degree greater than number one (1)
        on the Ringelmann Chart,  the operator of  the  source shall, at the dis-
        cretion of the  Director,  supply material  balance  data relating to the actual
        emissions.

             7.14   Paragraph 7.13  shall not  apply to  visible emissions consisting
        of uncombined water droplets.

        7.2   To insure  compliance  with this  regulation,  the Director, with  the
        approval of the Council, may require  that an  automatic recording emission
        indicator  be  installed in  such a  manner that  a record is  made at all times
        of the density  or equivalent opacity  of such  emissions.
                                             -19-

-------
                                    Regulation  No.  8

(50.1)                 Pertaining to the Control  of the Emission of
                       Participate Matter from  Industrial  and Other
                                Processes and Operations
(2.0)    8.0  General  Provisions

              This regulation applies to any operation, process or activity except
         fuel-burning  equipment or refuse-burning equipment.

(50.1.1) 8.1  Process  Emission Limitations

              8.11  Existing installations.  Eighteen (18) months from and after the
         effective date of this regulation all  existing installations must comply
         with the rates of emissions as specified in Table 1.

              8.12  New installations.  From and after the effective date of this
         regulation, all new installations must comply with the rates of emission
         as specified in Table 1.

              8.13  No person shall cause, let, permit, suffer, or allow the emission
         from any general operation or general  combustion operation of particulate
         matter from any emission point at a rate in excess of that specified in Table
         1 for the process weight rate allocated to such emission point.

(2.0)    8.2  Exception to Emission Limits

              8.21  Temporary emissions.  Emission of particulate matter during
         periods of cleaning or adjusting process equipment shall not exceed 150
         percent of the limits as set forth in the above sections for a period or
         periods aggregating not more than six (6) minutes in any sixty (60) consecutive
         minutes,  in tnose operations utilizing control devices which reauire regular
         intermittent cleaning, compliance with this regulation will be determined
         on the basis of the average hourly emission.

(9.0)    8.3  Sampling and Testing

              8.31  A person responsible for the emission of particulates from any
         source shall, upon written request of the Director, make or have made at his
         own expense, tests to determine the quantity or quality or both.  Alter-
         natively, said person shall be reasonably cooperative with the Director  in
         securing such tests.

              8.32  Emission tests  relating to the regulation  shall be  undertaken by
         generally recognized  standards or methods of measurements.  Methods found
         in the current ASME Test Code for Dust Separating Apparatus, the ASME
         Power Test Code, the  Code  for Determining Dust Concentrations  in Gas Streams
         and the  Los Angeles County Source Testing Manual may  be  used,  but  these  may
                                               -20-

-------
be modified or adjusted by the Director, in cooperation with the operator
of the source, to suit specific sampling conditions or needs based upon
good judgment and experience.  Other methods found to produce reliable
results and approved by the Director may be used.

     8.33  All tests shall be conducted, supervised or approved by a registered
professional engineer.
                                     -21-

-------
                                  Table 1.
                     ALLOWABLE RATE OF EMISSION BASED ON
                         ACTUAL PROCESS WEIGHT RATE
Process Weight
Rate
Lb/Hr Tons/Hr
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
. 3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000

Tons/Hr
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000

Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7

     Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10 P.°-5/,
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ib/hr shall be accomplished by use of the equation;
E = 55.0
                        where E = rate of emission in Ib/hr and
                              P = process weight rate in tons/hr.
                                         -22-

-------
                                   Regulation  No.  9


(50.1.3)                        Control  of  Fugitive Dust
        9.1   No person  shall  cause or permit  the  handling,  transporting,  or
        disposition of  any substance or material  which  is  likely  to  be  scattered
        by the air or wind,  or is susceptible to  being  air-borne, or wind-borne,
        or to operate or maintain or cause  to be  operated  or  maintained,  any
        premise, open area,  right-of way, storage pile  of  materials, vehicle,
        or construction, alteration, demolition,  or  wrecking  operation, or any
        other enterprise, which involves any  material or substance likely to be
        scattered by the wind or air, or susceptible to being wind-borne  that
        would be classified  as air pollution  without taking reasonable  pre-
        cautions or measures  to minimize atmospheric pollution.
                                             -23-

-------
                                    Regulation  No.  11
 (7.0)                  Malfunction of Equipment,  Reports  Required
(13.0)
         11.1   In the case of shutdown of air pollution control  equipment  for nec-
         essary scheduled maintenance, the intent to shut down  such equipment shall
         be reported to the Commissioner at least twenty-four (24)  hours prior to
         the planned shutdown.   Such prior notice shall include, but is not limited
         to the following:

                    (a)  Identification of the specific facility to be taken out of
                         service as well as its location and  permit number.

                    (b)  The expected length of time that the air pollution control
                         equipment will be out of service.

                    (c)  The nature and quantity of emissions of air contaminants
                         likely to occur during the shutdown  period.

                    (d)  Measures such as the use of off-shift  labor and equipment
                         that will be taken to minimize the length  of the  shutdown
                         period.

                    (e)  The reasons that it would be impossible or impractical  to
                         shut down the  source operation during the maintenance
                         period.

         11.2  In the event that any emission source, air pollution control  equip-
         ment,  or related facility breaks down in such a manner as  to cause the
         emission of air contaminants in violation of these regulations, the person
         responsible for such equipment shall immediately notify the Commissioner
         of such failure or breakdown and provide a statement giving all pertinent
         facts, including the estimated duration of the breakdown.   The Commissioner
         shall  be notified when the condition causing the failure or breakdown has
         been corrected and the equipment is again in operation.
                                              -24-

-------
                                   Regulation No.  12


(9.0)                         Sampling and Testing  Methods
        12.1   All  tests shall  be made and the results  calculated in  accordance
        with  test  procedures approved by the Commissioner.   All  tests  shall  be
        made  under the direction of a person qualified by training and/or exper-
        ience in the field of air pollution control.

        12.2   The  Commissioner may conduct tests of emissions  of air contaminants
        from  any source.   Upon request of the Department, the  person responsible
        for the source to be tested shall  provide necessary ports in stacks  or  ducts
        to provide compliance with procedures approved by the  Commissioner,  and such
        other safe and proper sampling and testing facilities, exclusive  of
        instruments and sensing devices as may be necessary for proper determination
        of the emission of air contaminants.
                                             -25-

-------
                                    Regulation No.  13
(13.0)                      Monitoring of Emissions,  Recording
                         and Reporting of the Same Are Required
         13.1   The Commissioner may require the owner or operator of any air contam-
         inant source to install, use, and maintain such monitoring equipment;  sample
         such  emissions in accordance with methods as the Commissioner shall  prescribe;
         establish and maintain such records; and make such periodic emission reports
         as required in Section 13.2.

         13.2   Records and reports as the Commissioner shall  prescribe on air contam-
         inants of fuel shall  be recorded, compiled, and submitted on forms furnished
         by the Commissioner.   (The procedures below are examples of such requirements.)

                    (a)  Emissions of particulate matter, sulfur dioxide, and oxides
                         of nitrogen shall be expressed as follows:  in pounds  per
                         hour and pounds per million B.t.u of heat input for fuel-
                         burning equipment; in pounds per hour and pounds per 100
                         pounds of refuse burned for incinerators; and in pounds per
                         hour and in pounds per hourly process weight or production
                         rate or in terms of some other easily measured and meaningful
                         process unit specified by the Commissioner.

                    (b)  Sulfur dioxide and oxides of nitrogen emission data shall be
                         averaged over a 24-hour period and shall be summarized monthly.
                         Daily averages and monthly summaries shall be submitted to
                         the Commissioner biannually.  Data should be calculated daily
                         and available for inspection at any time.

                    (c)  Particulate matter emissions shall be sampled and submitted
                         biannually.

                    (d)  Visible emissions shall be measured continuously and records
                         kept indicating total minutes per day in which stack discharge
                         effluent exceeds 20 percent opacity.  Data should be summarized
                         biannually.  Current daily results shall be available for in-
                         spection at any time.

                    (e)  The sulfur content of fuels, as burned, except natural gas,
                         shall be determined in accordance with current recognized
                         ASTM procedures.  Daily and monthly averages shall be submitted
                         biannually. Daily records shall be kept current and be available
                         for inspection.
                                               -26-

-------
                                    Regulation No. 14


(3.0)                                Permits Required
(2.0)    14.1.0  Scope of the Regulation - pursuant to Section 2002 (Section 2),
        Chapter 30. O.S.L. 1967 (63 O.S. Supp. 1970, Section 2002, as amended
        by House Bill 1419, First Session of the Thirty-third Legislature, State
        of Oklahoma 1971, Subsection D), this regulation is adopted to control
        and prohibit pollution of air by the emission of air contaminants from
        stationary sources within the State of Oklahoma.

        14.1.1  General Requirements

                (a)  No person shall cause or permit the construction or modifi-
                     cation of any new source without first obtaining an authority
                     to construct or modify from the Commissioner as to the location
                     and design of such new source to comply with applicable rules
                     and regulations and ambient air quality standards.

                (b)  The Commissioner shall not approve such construction or mod-
                     ification unless the applicant demonstrates to the satisfaction
                     of the Commissioner that the new source can be expected to
                     comply with the applicable rules and regulations.

        14.1.2  Applications

                (a)  A separate application is required for each new source subject
                     to rules and regulations.  To aid in evaluating the new source,
                     additional applications may be required by the Commissioner.

                     Each application shall be signed by the applicant.  The sig-
                     nature of the applicant shall constitute an agreement that the
                     applicant will assume responsibility tor the construction,
                     modification, or use of the new source concerned in accordance
                     with the rules and regulations.

        14.1.3 Information Required

                (a)  Each application for an authority to construct or modify shall
                     be accompanied by two copies of complete data, site information
                     plans descriptions, specifications and drawings to show how the
                     proposed new source is designed and in what manner it will be
                     operated and controlled.

                (b)  Any additional information, plans, specifications, evidence or
                     documentation that the Commissioner may require.
                                              -27-

-------
14.1.4  Standards for Granting Authority to Construct  or  Modify

No Authority to construct or modify shall  be granted unless  the  applicant
shows to the satisfaction of the Commissioner that:

       (a)  The new source is designed and will  be constructed orrrodified
            to operate without causing a violation of  the applicable
            rules and regulations.

       (b)  The new source is designed, built and equipped in accordance
            with the best available control technology so as to  reduce
            emissions to a minimum.

       (c)  The new source, as designed or modified, does not endanger
            maintenance or attainment of any applicable ambient  air
            quality standard.

       (d)  The new source, if required by the Commissioner, shall  be
            provided with:

            (1)  Sampling ports of a size, number and  location as the
                 Commissioner may require;

            (2)  Safe access to each port;

            (3)  Instrumentation to monitor and record emission  data  and;

            (4)  Any other sampling and testing facilities the Commissioner
                 may require.

14.1.5  Action on Applications

       (a)  The Commissioner shall  act, within 30 days, on an  application
            for an authority to construct or modify, and shall  notify the
            applicant in writing of his approval, conditional  approval, or
            denial of the application.

       (b)  If an application is denied, the Commissioner shall  set forth  his
            objections in the notice of denial.

       (c)  The applicant may submit answers and comments, in duplicate,  to
            the Commissioner's objections to the application.

       (d)  The Commissioner will consider the applicant's answers and comments
            to his objections, and shall notify the applicant in writing of
            his approval or denial  of the application.

       (e)  The Commissioner shall  not accept a further application unless
            the applicant has complied with the objections specifiea by the
            Commissioner as his reasons for denial of the authority to
            construct or modify.
                                      -28-

-------
14.1.6  Conditional Authority to Construct or Modify

The Commissioner may grant a conditional authority to construct or modify
if it appears likely from all of the information submitted that as a result
of the conditions the new source will satisfy the requirements of 14.1.4 above.

14.1.7  Cancellation of Authority to Construct or Modify

       (a)  The Commissioner shall cancel an authority to construct or modify
            if the construction or modification is not begun within one
            (1) year from the date of issuance, or if the work involved in
            the construction or modification is suspended for one (1) year
            or more from the date of issuance.

       (b)  An applicant may secure an extension of the expiration date by
            written request to the Commissioner stating the reasons for the
            request.  Extensions may be granted for a period of not more than
            six (6) months.

14.1.8  Permit to Operate

       (a)  Ho person shall begin operation of a new source without notifying
            the Commissioner at least 30 days prior to operation.

       (b)  No person shall cause or permit the operation of a new source for
            more than a sixty (60) day period without applying for a permit
            to operate from the Commissioner.

       (c)  No owner or operator shall cause or permit the operation of a new
            source if the Commissioner denies or revokes a permit to operate.

14.1.9  Applications - Applications for a permit to operate a new source shall
be made in accordance with 14.1.2 of this regulation.

14.1.10  Standards for Granting Permits - No permit to operate a new source
shall be granted unless the applicant shows to the satisfaction of the
Commissioner that the new source satisfied the requirements of the applic-
able rules and regulations and has been constructed, installed, or modifed
in accordance with the requirements and conditions contained in the authority
to construct or modify.

14.1.11  Performance Testing - Before a permit to operate a new source is
granted, the applicant, if required by the Commissioner, shall conduct
performance tests, in accordance with methods approved by the Commissioner
with the tests being made at the expense of the applicant.  The Commissioner
may monitor performance tests conducted by the applicant and may also conduct
performance tests.

14.1.12  Action on Applications

       (a)  Before acting on an application for a permit to operate a new
            source the Commissioner may require the applicant to furnish
            additional information, plans or specifications.
                                      -29-

-------
       (b)  The Commissioner shall  act within a 60-day period on applica-
            tion for a permit to operate and shall  notify the applicant,  in
            writing, of his approval, conditional  approval  or denial  of
            the application.

       (c)  If an application is denied, the procedures of 14.1.5 of
            this regulation shall apply.

14.1.13  Conditional Permit - The holder of a permit to operate shall comply
with the conditions contained in his permit as well as all  applicable pro-
visions of rules and regulations.

14.1.14  Suspension or Revocation of Permit

       (a)  The Commissioner may suspend or revoke a permit to operate for
            willful or continued violation of rules and regulations.

       (b)  Suspension or revocation of a permit to operate shall become
            final 30 days after service of notice on the holder of the
            certificate unless corrected.

       (c)  A permit to operate which has been revoked pursuant to these
            regulations shall be surrendered forthwith to the Commissioner.

14.1.15  Transfer of Permit - Any purported or attempted transfer of a
permit to operate from one location to another or from one new source to
another automatically revokes the permit.

14.1.16  Reporting  Information - No owner or operator shall cause or permit
the operation of any new source without furnishing such performance test
results, information and records as may be required by the Commissioner in
the applicable rules and regulations.

14.1.17  Exemptions - An authority to construct and a permit to operate shall
not be required for:

       (a)  The installation or alteration of an air contaminant detector,
            air contaminant recorder, combustion controller or combustion
            shutoff.

       (b)  Air conditioning or ventilating system not designed to remove
            air contaminants generated by or released from equipment.

       (c)  Fuel-burning equipment, other than smoke house generators, which:
            uses gas as a fuel for space heating, air conditioning or heating
            water;  or is used in a private dwelling or has a B.t.u.  input
            of not  more than 500,000 B.t.u. per hour; or is used for space
            heating, other  than boilers and hot air furnaces.

       (d)  Internal combustion engines.

       (e)  Laboratory equipment used exclusively for chemical or physical
            analyses.
                                       -30-

-------
(f)   Other sources of minor significance  specified  by  the  Commissioner.

(g)   Structural  changes  which cannot  change  the  quality, nature  or
     quantity of air contaminant emissions.

(h)   Repairs  or  maintenance not involving structural changes  to  any
     equipment in existence at the  effective date of this  regulation.

(i)   Identical replacement in whole or in part of any  article, machine,
     equipment or other  contrivance where a  permit  to  operate had
     previously  been granted for such equipment  or  such equipment was
     in existence at the effective  date of this  regulation.
                               -31-

-------
                                    Regulation  No.  15


(50.4)                CONTROL OF EMISSION OF NONMETHANE HYDROCARBONS



 (2.0)    15.1   Purpose

                     The purpose of this regulation is to control  the emission of
         nonmethane hydrocarbons from stationary sources to prevent  the Oklahoma
         air quality standards from being exceeded and insure that the present
         level  of air quality in Oklahoma is not degraded.

(50.4)    15.2  Nonmethane Hydrocarbons

               15.21  Storage of Nonmethane Hydrocarbons

                      15.211  After the effective date of this regulation,  no
                      person shall  build or install or permit the  building  or
                      installation of any stationary tank,  reservoir or other
                      container of more than 40,000 gallons (150,000 liters)
                      capacity which will or might be used for storage of any
                      nonmethane hydrocarbon, unless such tank, reservoir or
                      other container is to be a pressure tank capable of main-
                      taining working pressures sufficient at all  times to
                      prevent organic vapor or gas loss to the atmosphere or  is
                      designed, and will be built and equipped with  one of  the
                      following vapor-loss control devices:

                           (a)  A floating roof, consisting of pontoon-type internal
                                floating cover or double-deck-type roof, which will
                                rest on the surface of the liquid  contents  and be
                                equipped with a closure seal, or seals, to  close the
                                space between the roof edge and tank wall.   Such
                                floating roofs are not appropriate control  devices
                                if the nonmethane hydrocarbons have  a vapor pressure
                                of 11 pounds per square inch absolute (568  mm Hg) or
                                greater under actual conditions.  All gauging and
                                sampling devices shall be gas-tight except  when
                                gauging or sampling is taking place.

                           (b)  A vapor-recovery system consisting of a vapor-
                                gathering system capable of collecting the  nonmethane
                                hydrocarbon vapors and gases discharged and a vapor-
                                disposal system capable of processing such  nonmethane
                                hydrocarbon vapors and gases so as to prevent their
                                emission to the atmosphere and with all tank gauging
                                and sampling devices gas-tight when  gauging or sampling
                                is taking place.
                                                -32-

-------
             (c)  Other equipment or means of equal efficiency for purpose
                  of air pollution control as may be approved by the Director.

             15.212  After the effective date of this regulation, no person
             shall build or install or permit the building or installation
             of a stationary nonmethane hydrocarbon storage tank with a
             capacity of 250 gallons (950 liters) or more unless such
             tank is equipped with a permanent submerged fill pipe or is
             equipped with a nonmethane hydrocarbon vapor-recovery system
             as required in subsection 15.211.

15.22  Loading of Nonmethane Hydrocarbons

       After the effective date of this regulation, no person shall build
or install or permit the building or installation of a stationary nonmethane
hydrocarbon loading facility unless such loading facility is equipped with
one of the following vapor-loss control devices in good working order and
in operation:

       (a)  Vapor collection and disposal system.  When loading in such
            a system is effected through the hatches of a tank, truck or
            trailer with a loading arm equipped with a vapor collecting
            adaptor, pneumatic, hydraulic or other mechanical means shall
            be provided to force a vapor-tight seal between the adaptor
            and the hatch.

       (b)  A loading system with a submerged fill pipe.

       A means shall be provided to prevent liquid nonmethane hydrocaron
drainage from the loading device when it is removed from the hatch of any
tank, truck or trailer, or to accomplish complete drainage before removal.

       When loading is effected through means other than hatches, all
loading and vapor lines shall be equipped with fittings which make vapor-
tight connections and which close automatically when disconnnected.

       The vapor-disposal portion of the system shall consist of one of
the following:
                          *
       (a)  A vapor-liquid-absorber system with a minimum recovery efficiency
            of 90 percent by weight of all the volatile organic compound
            vapors and gases entering such disposal system.

       (b)  A variable-vapor space tank, compressor, and fuel-gas system
            of sufficient capacity to receive all volatile organic compound
            hydrocarbon vapors and gases displaced from the tanks, trucks
            and trailers being loaded.

       (c)  Other equipment of at least 90 percent efficiency, provided
            such equipment is submitted to and approved by the Director.
                                      -33-

-------
Subsection 15.22 shall apply to any facility which loads volatile organic
compounds into any tank, truck, or trailer having a capacity in excess of
200 gallons (760 liters).

15.23  Effluent Water Separators

       After the effective date of this regulation, no person shall  build
or install or permit the building or installation of a single- or mutiple-
compartment nonmethane hydrocarbon water separator which receives effluent
water containing 200 gallons (760 liters) a day or more of any nonmethane
hydrocarbon from any equipment processing, refining, treating, storing or
handling nonmethane hydrocarbons having a Reid vapor pressure of 0.5
pound or greater unless the compartment receiving said effluent water is
equipped with one of the following vapor-loss-control devices, properly
installed, in good working order and in operation:

       (a)  A container having all openings sealed and totally enclosing
            the liquid contents.  All gauging and sampling devices shall
            be gas-tight except when gauging or sampling is taking place.
            The oil removal devices shall be gas-tight except when manual
            skimming, inspection and/or repair is in progress.

       (b)  A container equipped with a floating roof, consisting of a
            pontoon type, double-deck-type roof, or internal floating
            cover, which will rest on the surface of the contents and
            is equipped with a closure seal and seals to close the space
            between the roof edge and container wall.  All gauging and
            sampling devices shall be gas-tight except when gauging or
            sampling is taking place.  The oil removal devices shall be
            gas-tight except when manual skimming, inspection and/or
            repair is in progress.

       (c)  A container equipped with a vapor-recovery system, consisting
            of a vapor-gathering system capable of collecting the nonmethane
            hydrocarbon vapors and gases discharged and a vapor-disposal
            system capable of processing such nonmethane hydrocarbon vapors
            and gases so as to prevent their emission to the atmosphere
            and with all tank gauging and sampling devices gas-tight except
            when gauging or sampling is taking place.  The oil removal
            device shall be gas-tight when manual skimming, inspection
            and/or repair is in progress.

       (d)  Containers equipped with controls of equal efficiency, provided
            such equipment is submitted to and approved by the Director.

15.24  Pa-pp and Compressors

       After the effective date of this regulation, no person shall build
or install or permit the building or installation of any pump or compressor
handling nonmethane hydrocarbon compounds unless they are equipped by mechanical
seals or other equipment of equal efficiency and they are properly installed
in good working order.
                                      -34-

-------
       15.25   Waste Gas  Disposal

              15.251   Ethylene Manufacturing  Emissions

                      After the effective  date  of this  regulation  no  person  shall
              build or install  or permit the  building or  installation of  any
              ethylene manufacturing plant unless the waste-gas  stream under normal
              operating  conditions is properly  burned at  1,300°  F.  for 0.3 seconds
              or greater in a  direct-flame after-burner equipped with an  indicating
              pyrometer  which  is  positioned in  the working  area  for the operator's
              ready monitoring or an equally  effective  catalytic vapor incinerator
              also  with  pyrometer.   Proper burning of the waste-gas stream is defined
              as reduction by  98  percent of the ethylene  emissions  originally pre-
              sent  in  the waste-gas stream.

              15.252  Vapor Slowdown

                      After the effective  date  of this  regulation  no  person  shall
              build or install  or permit the  building or  installation of  any vapor-
              blowdown system  designed to  handle 40 pounds  per day  or more of
              nonmethane hydrocarbons unless  such hydrocarbon compounds are
              burned by  smokeless flares,  or  an equally effective  control device  as
              approved by the  Director.

              15.26   Fuel-Burning and Refuse-Burning Equipment

                      No person shall cause or  allow the  emission  of  hydrocarbons
              or other organic materials from any new fuel-burning  or refuse-
              burning  equipment.   All such equipment shall  be operated as to
              minimize such emissions.  Among other things,  such operation shall
              assure that the  equipment is not  overloaded,  that  it  is properly
              cleaned  and maintained, and  that  temperature  and available  air are
              sufficient to provide essentially complete  combustion.

(50.4)  15.3   Organic  Solvents

              15.31   Heat Drying

                     No  person shall  cause or allow the discharge  of  more than  15
              pounds of  organic material into the atmosphere in  any one day  from
              any article,  machine or other contrivance built or installed after
              the effective date  of this regulation in  which an  organic solvent
              or any material  containing organic solvent  comes into contact  with
              flame or is baked,  heat-cured,  or heat-polymerized,  in  the  presence
              of oxygen, except as provided in  subsections  15.34 and  15.35 of this
              regulation.

              15.32  Manufacture  of Solvents, Coatings, Plastics,  and Rubber;
                     Spray Booths; Dry Cleaning

                     No  person shall  cause or allow the discharge  of  more than
              40 pounds  of organic material  into the atmosphere  in  any one day
              from  any article, machine, equipment, or  other contrivance  in  the
                                             -35-

-------
             manufacture  of organic  solvents, coating, rubber, or plastic, in
             the  application of  architectural coatings in spray booths, or in
             the  dry  cleaning  of textiles, except as provided in subsections
             15.34  and  15.35 of  this regulation.

             This subsection shall apply  only to equipment built or installed after
       the  effective date  of this regulation.

             15.33  Other Uses

                    No  person  shall  cause or allow the discharge of more than
             40 pounds  of organic material into the atmosphere in any one day
             from any article, machine, equipment or other contrivance built
             or installed after  the  effective date of this regulation which is
             used for employing, applying, evaporating, or drying any photo-
             chemically  reactive solvent, or material containing such solvent
             except as  provided  in subsection 15.34 and 15.35 of this regulation.

             15.34  Alternate  Standard

                    Emissions  in excess of those permitted by subsection 15.31,
             15.32, and 15.33  of this regulation are allowable if both the
             following  conditions are met:

                    15.341  Emissions that would result in the absence of control
                    are reduced  by:

                            a.  90 percent, by incineration; or

                            b.  85 percent, by absorption or any other process
                                 of sufficient reliability and effectiveness; and

                    15.342 No air pollution, as defined by the Clean Air Act,
                    results.

             15.35  Exceptions

                    The provisions of this regulation shall not apply to:

                    (a)  The spraying or  other employment of insecticides,
                          herbicides, or other pesticides.

                    (b)  The employment,  application, evaporation, or drying of
                          saturated halogenated hydrocarbons, or perchloroethylene.

(2.0)   15.4  General  Exceptions

             Nonmethane hydrocarbons as used in this Regulation will not include
       crude oil defined as follows:   that produced, non-refined hydrocarbon which
       has  a gravity equal to or  less than 50° API at 60° F as measured in the
       stock tank, and when flashed to the atmospheric stock tank from the final
       lease separator and/or treating facility loses no more than 1.5 percent
       of the stock  tank volume or 25 standard cubic feet per barrel of stock
       tank oil.
                                             -36-

-------
(1.0)    15.5   Definition

              Nonmethane  hydrocarbon  -  Any  compound  containing only  hydrogen and
        carbon which  has  a  vapor pressure of  1.5  pounds  per  square inch absolute
        or greater under  actual  storage conditions except methane  (CH4).
                                             -37-

-------
                                    Regulation  No.  16


(50.2)                    Control  of Emission  of Sulfur Compounds



 (2.0)   16.1   Purpose

              The purpose of this regulation  is to  control  emissions  of  sulfur  com-
        pounds from stationary sources in order to  prevent  the  Oklahoma  air  quality
        standard from being exceeded and insure that degradation  of the  present level
        of air quality in Oklahoma does not occur.

(50.2)   16.2   Existing Equipment - Sulfur Oxides Standards

              16.21  Standard

                     No person shall cause, let, suffer,  or'allow any emission  of
              sulfur dioxide from existing equipment which  results in an ambient
              air concentration of sulfur dioxide at any  given  point  in  excess  of
              1350 ug/M3 (0.52 ppm) in a five (5) minute  period of any hour,  a
              one (1) hour average exposure of  1200 ug/M3 (0.46 ppm), a  three (3)
              hour average exposure of 650 ug/M3 (0.25 ppm),  or a 24-hour average
              exposure of 130 ug/M3 (0.05 ppm)  of sulfur  dioxide  contributed from
              any one source.  These limitations shall not  apply  to ambient  air con-
              centrations  occurring on  the property from which such  emission occurs,
              providing such property, from the emission  point  to the point  of  any such
              concentration is controlled by  the person responsible for  such emission.

              16.22  Determination of Violation

                     Violation of Section 16.21 may be determined by  the Commissioner
              by use of appropriate material  balances  and/or  emission factors,  and
              the ambient air concentration may be determined by  the  use of  approp-
              riate atmospheric diffusion estimates or any  other  suitable method
              as accepted by the Commissioner.   Determinations  made by the Commissioner
              using these procedures indicating that the  limits set in Section  16.21
              are possible shall constitute prime evidence  that it has been  violated
              Source operators may use these  same procedures  in lieu  of  ambient air
              monitoring as proof of compliance with limits set in Section 16.21.

              16.23  Method of Compliance

                     Compliance with the provisions of Section  16.21  and 16.22  may
              be achieved by compliance with  emission  limits  set  in Section  16.3
              for new equipment.
                                               -38-

-------
(50.2)   16.3  New Equipment  -  Sulfur Oxides  Standards


(51.18)       16.31   Sulfuric  Acid  Plants

                     16.311  Emission Limits
                             A person  operating  a  new  sulfuric acid plant shall not
                             cause,  suffer,  or allow the discharge into the atmosphere
                             of:

                             1.   Sulfur dioxide  in the effluent  in excess of four (4)
                                 pounds per  ton  of 100 percent sulfuric acid produced
                                 (2  kgm per  metric ton), maximum two-hour average.

                             2.   Sulfuric  acid mist which is in  excess of 0.15 pounds
                                 per ton of  100  percent sulfuric acid produced (75
                                 grams per metric  ton), maximum  two-hour average,
                                 expressed as ^504.

                             3.   A visible emission equivalent to an opacity of %
                                 Ringelmann  or five (5) percent  equivalent opacity.

                             These emission  limits shall apply to only those sulfuric
                             acid plants producing sulfuric acid by the contract pro-
                             cess by burning elemental sulfur, alkylation acid,
                             hydrogen  sulfide, organic sulfides  and mercaptans or acid
                             sludge.

                     16.312   Emission  Monitoring

                             a.   All sulfuric acid plants regulated under this sub-
                                 section shall have installed, calibrated, maintained
                                 and operated, an  instrument for continuously monitor-
                                 ing and recording emissions of  sulfur dioxide.  The
                                 instrument  installed  and used pursuant to this sec-
                                 tion  shall  have a confidence level of at least 95
                                 percent and be  accurate with +  20 percent and shall
                                 be  calibrated in  accordance with the method(s)
                                 prescribed  by the manufacturer(s) of such instrument.
                                 The instrument  shall  be calibrated at least once
                                 per year  unless the manufacturer(s) specifies or
                                 recommends  calibration at shorter intervals, in which
                                 case  such specifications or recommendations shall
                                 be  followed.

                             b.   The owner or operator of any sulfuric acid plant
                                 subject to  provisions of this subparagraph shall
                                 maintain  a  file of all measurements required and
                                 retain the  record of  any such measurement for at
                                 least one year  following the date of such measurement.
                                              -39-

-------
                       16.313   Performance  Testing

                               Testing of new sulfuric  acid  plants  to  determine  if
                               emission standards set  in  this  regulation  are met
                               shall  be performed by procedures  as  given  in proposed
                               Code of Federal  Regulation 466.65 given in Federal
                               Register, Volume 36,  Number 159,  August 17,  1971,
                               as finally promulgated.

                               All  tests shall  be conducted, supervised or approved
                               by a person  qualified by training and/or experience
                               in the field of air  pollution control.
(51.6)          16.32  Fuel-burning Equipment

                      16.321    Emission Limit
                               a.   No person shall  cause,  suffer or allow the
                                   discharge into the atmosphere of sulfur oxides
                                   measured as sulfur dioxide from new gas fuel-
                                   burning equipment in excess of 0.2 pound per
                                   million BTU heat input  (0.36 gram per million
                                   gram-calories),  maximum two-hour average.

                               b.   No person shall  cause,  suffer or allow the dis-
                                   charge into the  atmosphere from new liquid fuel-
                                   burning equipment in excess of that shown in the
                                   following table  on the  listed effective date.
                                                          Sulfur Oxide Emissions
                                                          Maximum 2 Hr.  Average
                                   Effective Date         Los/million BTU Input

                                    July 1, 1972                   0.8

                                   No person shall cause, suffer, or allow the dis-
                                   charge into the atmosphere from new solid fuel-
                                   burning equipment in excess of 1.2 pounds per
                                   million BTU heat input (2.20 grams per million
                                   gram-calories), maximum two-hour average.

                                   Where different fuels are burned simultaneously
                                   in any combination, the applicable standard shall
                                   be determined by proration.  Compliance shall be
                                   determined using the following formula:

                                   Effective Date                     Formula

                                    July 1, 1972                 y(0.80) + z(1.2)
                                                                       y + z
                                   Where:
                                         Y is the percent of total heat input derived
                                           from liquid fuel and,
                                                -40-

-------
                 z is the percent of total heat input derived
                   from solid fuel.

16.322  Emission and Fuel Monitoring

        a.  There shall be installed, calibrated, maintained,
        and operated, in any new fuel-burning equipment with
        a rated heat input of 250 million BTU/hr or more
        emission monitoring instruments as follows:

        1.  A photoelectric or other type smoke detector
            and recorder, except where gaseous fuel is
            the only fuel burned.

        2.  An instrument for continuously monitoring and
            recording sulfur dioxide emissions, except where
            gaseous fuel containing less than 0.1 percent
            sulfur is the only fuel  burned.

        b.  An instrument installed and used for monitoring shall
        have a confidence level of at least 95 percent and be
        accurate within ±20 percent and shall be calibrated in
        accordance with the method(s) prescribed by the manufac-
        turer^) of such instruments; instruments shall be cal-
        ibrated at least once per year unless the manufacturer(s)
        specifies or recommends calibration at shorter intervals
        in which case such specifications or recommendations
        shall be followed.

        c.  The sulfur content of solid fuels as burned, shall
        be determined in accordance with the latest revision
        to the American Society for Testing Materials Method
        D271, the sulfur content of liquid fuels, as burned,
        shall be determined in accordance with the American
        Society for Testing Materials Methods D129 or 01552.
        Other methods for determining the sulfur content of
        solid and liquid fuels may be used as approved by the
        Commissioner.

        d.  The owner or operator of any fuel-burning equip-
        ment with a rated heat input of 250 million BTU/hr or
        over shall maintain a file of all measurements required
        under 16.322 (a), (b), and (c) and shall retain the
        record of any such measurement(s) for at least one (1)
        year following the date of such measurements.

16.323  Test Methods and Procedures

        Testing of new fuel-combustion equipment to determine
if the emission standards set in this regulation are met shall
be performed by procedures as given in the proposed Code of
Federal Regulation 466.26 in the Federal Register, Volume 36,
Number 159, August 17, 1971, as finally promulgated.
                        -41-

-------
                             All tests shall be conducted, supervised or approved
                     by a person qualified by training and/or experience in the
                     field of air pollution control.
(51.19)        16.33  Sulfur Recovery Plants

                     16.331  Emission Limit
                             a.  Natural Gas Processing

                                 The emission of sulfur oxides, calculated as
                             sulfur dioxide, from a new natural gas processing
                             sulfur recovery plant shall not be more than 100
                             pounds per hour, maximum two-hour average but not
                             more than 20 pounds per ton of sulfur processed as
                             a minimum control efficiency.

                             b.  Other Processes

                                 The emission of sulfur oxides, calculated as
                             sulfur dioxide, from a new sulfur recovery  plant
                             operating in conjunction with other processes is
                             limited to 20 pounds per ton of sulfur processed,
                             maximum two-hour average.

                     16.332  Emission Monitoring

                             a.  All new sulfur recovery plants regulated under
                             this subsection shall have calibrated, maintained,
                             and operated an instrument for continuously monitoring
                             and recording emissions of sulfur dioxide.  The
                             instrument installed and used pursuant to this section
                             shall have a confidence level of at least 95 percent
                             and be accurate within £20 percent and shall be calibrated
                             in accordance with the method(s) prescribed by the
                             manufacturer^) of such instrument, the instrument
                             shall be calibrated at least once per year unless the
                             manufacturer(s) specifies or recommends calibration
                             at shorter intervals, in which case such specifications
                             or recommendations shall be followed.

                             b.  The owner or operator of any sulfur recovery plant
                             subject to provisions of this subparagraph shall
                             maintain a file of all measurements required and retain
                             the record of any such measurement for at least one  (1)
                             year following the date of such measurement.

                     16.333  Performance Testing

                             Testing of sulfur recovery plants to determine if
                     emission  standards set in this regulation are met shall be
                     performed by procedures as accepted by the Commissioner.
                     Promulgated federal testing procedures for similar processes
                     will  be considered in making the determination of procedures
                     to  be used.
                                               -42-

-------
                             All  tests  shall  be  conducted,  supervised  or  approved  by
                     a  person qualified by  training  and/or  experience  in  the  field
                     of air pollution control.

(51.11)        16.34   Nonferrous  Smelters

                     16.341   Emission Limit

                             The emission of  sulfur  oxides,  calculated as sulfur
                     dioxide, from new  nonferrous  smelters  is  restricted  according
                     to the following equations  as a maximum two-hour  average.
                     Copper Smelters:

                     Zinc  Smelters:

                     Lead  Smelters:
Y = 0.2X

Y » 0.564X0-85

Y = 0.98X0-77
                     Where  X =  Total  sulfur  fed  to  smelter  (Ib/hr)

                           Y =  Sulfur dioxide  emissions  (Ib/hr)

                     16.342  Emission Monitoring

                             a.   All  new nonferrous  smelters  regulated  under this
                                 subsection  shall have  installed, calibrated,  main-
                                 tained, and operated an  instrument  for continuously
                                 monitoring  and  recording emissions  of  sulfur dioxide.

                             b.   The  owner or  operator of any new nonferrous smelter
                                 subject to  provisions of this subparagraph  shall
                                 maintain a  file of  all measurements required and
                                 retain  the  record of any such measurement for at
                                 least one  (1) year  following the date  of such
                                 measurement.

                     16.343  Performance Testing

                             Testing  of  nonferrous  smelter  plants to determine if
                     emission standards  set  in this  regulation are met  shall be per-
                     formed by  procedures as accepted by  the  Commissioner.   Promulgated
                     federal  testing  procedures  for  similar process  will  be  considered
                     in  making  the  determination of  procedures to be used.

                             All  tests shall be  conducted,  supervised or approved
                     by  a person  qualified by  training and/or experience in  the
                     field  of air pollution  control.
                                              -43-

-------
(51.14)         16.35   Paper Pulp  Mill

                      16.351   Emission  Limit
                              The  emission  of  sulfur  oxides,  calculated  as  sulfur
                      dioxide,  from the  blow pits,  washer  vents,  storage tanks,
                      digester relief, and  recovery furnace of  any  new paper  pulp
                      mill  shall not exceed eighteen  pounds per air-dried ton  of
                      pulp  produced, maximum two-hour average.

                      16.352   Emission Monitoring

                              a.   All new paper pulp  mills shall  have installed,
                                  calibrated,  maintained and  operated instruments
                                  for continuously  monitoring and recording emissions
                                  of sulfur dioxide from the  recovery system  gas-
                                  cleaning  equipment  and other  locations as required
                                  by the Commissioner.  The instrument installed and
                                  used pursuant to  this section shall have  a  confi-
                                  dence  level  of at least  95  percent and be accurate
                                  within +20  percent and  shall be  calibrated  in
                                  accordance with the method(s) prescribed  by  the
                                  manufacturer(s) of  such  instrument, the instrument
                                  shall  be  calibrated at least  once per  year  unless
                                  the manufacturers) specifies or  recommends  calibra-
                                  tion at shorter intervals,  in which case  such
                                  specifications or recommendations shall be  followed.

                              b.   The owner or operator of any  new  paper pulp  mill
                                  subject to provisions of this subparagraph  shall
                                  maintain  a file of  all measurements required and
                                  retain the record of any such measurement for at
                                  least  one year following the  date of such measurement.

                      lfi.353   Performance Testing

                              Testing of paper pulp mills  to  determine if emission
                      standards set in this regulation are met  shall be  performed
                      by procedures as accepted by  the Commissioner.  Promulgated
                      federal  testing procedures for  similar  processes will be con-
                      sidered  in making  the determination  of  procedures  to  be  used.

                              All tests shall be conducted, supervised or approved  by
                      a person qualified by training  and/or experience in the  field
                      of air pollution control.
 (50.2)   16.5   New Equipment  -  Hydrogen  Sulfide  Standards

               16.51   Petroleum and  Natural  Gas  Processes

                      16.511   Emission Limit
                              a.   No  person  shall  cause,  suffer,  or  allow  the  dis-
                              charge  into  the  atmosphere  of hydrogen sulfide from any
                                               -44-

-------
        new petroleum or natural gas processing equipment
        without removal of the hydrogen sulfide from the ex-
        haust gas or oxidizing it to sulfur dioxide in a
        system which insures at all times complete combustion
        of the hydrogen sulfide, with the exhaust gas then
        being emitted from a stack at least 50 feet in height.
        Efficiency of these removal or oxidation systems shall
        not allow to be emitted more than 0.3 pound per hour
        of hydrogen sulfide as a two-hour maximum, with a
        maximum efficiency required of 95 percent of the hydro-
        gen sulfide in the exhaust gas.

        b.  Direct oxidation of hydrogen sulfide to sulfur
        oxides without a prior removal step meeting emission
        limits of 16.331 is not allowed for any system which
        would allow discharge of more than 100 pounds per hour
        of sulfur oxides expressed as sulfur dioxide, maximum
        two-hour average.

16.512  Emission Monitoring

        a.  All new petroleum and natural gas processing fac-
        ilities regulated under this subsection shall have
        installed, calibrated, maintained and operated an
        alarm system which will signal non-combustion of the gas.

        b.  The user shall initially demonstrate compliance
        with the ambient air limit of 16.41 at least twice
        per year using either dispersion modeling or ambient
        air measurements.  If the calculated or measured
        values are between 50 and 75 percent of the allowable
        concentrations compliance shall be demonstrated once
        every year.  If the calculated or measured values are
        between 25 and 50 percent of the allowable concentrations
        compliance shall be demonstrated once every 18 months.
        If the calculated or measured values are equal to or less
        than 25 percent of the allowable concentration compliance
        shall be demonstrated once every two (2) years.

        c.  The owner or operator of any new petroleum or natural
        gas processing facility subject to provisions of this
        subparagraph shall maintain a file of all such measure-
        ments required and retain the record of all such measure-
        ments for at least one (1) year following the date of
        such measurement.

16.513  Performance Testing

        Testing of petroleum and natural gas processing plants to
determine if emission standards set in this regulation are met
shall be performed by procedures as accepted by the Commissioner.
Promulgated federal testing procedures for similar processes
will be considered in making the determination of procedures to
be used.  All tests shall be conducted, supervised or approved
by a person qualified by training and/or experience in the field
of air pollution control.

                          -45-

-------
                                    Regulation No.  17


(50.5)                    Control  of Emission of Carbon Monoxide



 (2.0)    17.1   Purpose

               The purpose of this regulation is to control  emissions of carbon
         monoxide from stationary sources to prevent the Oklahoma air quality
         standard from being exceeded and insure that the present level  of air quality
         in Oklahoma is not degraded.

(50.5)    17.2   Emission Limits

               The emission of carbon monoxide from any new foundry cupola, blast
         furnace, basic oxygen furnace, catalytic cracking unit,  or other petroleum
         or natural  gas process except stationary engines shall be reduced by use
         of complete secondary combustion of the waste gas generated.  Removal  of
         93 percent or more of the carbon monoxide generated will be considered to
         be complete combustion.

 (9.0)    17.3   Performance Testing

               Testing of equipment to determine if emission standards set in this
         regulation are  met shall be performed by procedures as  accepted by the
         Commissioner.  Promulgated federal  testing procedures for similar processes
   k     will  be considered in making the determination of procedures to be used.
                                                -46-

-------
                                    Regulation No.  18


(50.3)                    Control  of Emission of Nitrogen  Oxides



 (2.0)    18.1   Purpose

               The purpose of this regulation is to control  the  emission  of nitrogen
         oxides from stationary sources to prevent  the Okalahoma air quality standards
         from being exceeded and insure that the present  level of air quality in
         Oklahoma is not degraded.

(50.3)    18.2   Emission Limits

               18.21  Fuel Combustion

                      a.   No person shall  cause, suffer or allow emissions  of nitrogen
               oxides calculated as nitrogen dioxide from any new gas-fired fuel-
               burning equipment with a rated heat  input  of 50 million BTU  per hour
               or more, in excess of 0.20  pound per million BTU  (0.36 gram  per million
               gram-calorie) heat input, two-hour maximum.

                      b.   No person shall  cause, suffer or allow emissions  of nitrogen
               oxides calculated as nitrogen dioxide from any new liquid-fired fuel-
               burning equipment with a rated heat  input  of 50 million BTU  per hour
               or more, in excess of 0.30  pound per million BTU  (.54 gram per million
               gram-calorie) heat input, two-hour maximum.

                      c.   No person shall  cause, suffer or allow emissions  of nitrogen
               oxides calculated as nitrogen dioxide from any new solid fossil  fuel-
               burning equipment with a rated heat  input  of 50 million BTU  per
               hour or more, in excess of  0.70 pound per  million BTU (1.26  gram per
               million gram-calorie)heat input, two-hour  maximum.

               18.22  Nitric Acid Plant

                      No  person shall  cause, suffer or allow emissions of nitrogen
               oxides, calculated as nitrogen dioxide, from new  nitric acid plants,
               in excess  of 3.0 pounds per ton  (1.5 kg/metric ton)  of 100  percent
               acid produced, two-hour maximum.

                      No  person shall  cause, suffer or allow any visible  emissions
               from new nitric acid plants.

 (9.0)          18.3  Performance Testing

                     Testing of equipment  to determine if emission standards set
               in this regulation are met  shall be  performed by  procedures  as
               accepted by the Commissioner.   Promulgated federal  testing procedures
               for similar processes will  be considered in  making  the determination
               of procedures to be used.

                                               -47-

-------
       CHAPTER 28.



        POLLUTION





    ARTICLE II. AIR.





OKLAHOMA CITY, OKLAHOMA





     ORDINANCE 12575



      MARCH 31, 1970
              -48-

-------
                                        POLLUTION

                                    ARTICLE  II. AIR.


(2.0)    Sec.  28-25.   Citation.

           This  Article  shall  be known  and cited as  the Air Quality Control Ordinance.
           (Ord.  No.  12,575, March  31,  1970.)

(1.0)    Sec.  28-26.   Definitions.

           (a)   As  used  herein:

                (1)   Air contaminant shall mean any  smoke, soot, fly ash, dust, cinder,
                     dirt,  noxious,  obnoxious  acids,  fumes, oxides, gases, vapors,
                     odors,  toxic or radio active  substances, waste particulates,
                     solid,  liquid,  or  gaseous matter in the atmosphere which when
                     in  sufficient  quantities  is capable of injuring human, plant
                     or  animal  life  or  depriving the  enjoyment thereof.

                (2)   Air Pollution  shall mean  the  emission of any air contaminants
                     in  such place  or manner which when by itself or combined with
                     other  contaminants present in the atmosphere is detrimental
                     to  or  endangers the health, comfort or safety of any person or
                     which  may cause injury  or damage to property or premises.

                (3)   Atmosphere  shall mean the air that envelops or surrounds the
                     earth.

                (4)   Board  shall  mean the Air  Quality Control Variance Board.

                (5)   Chimney or  stack shall  mean chimney, stack, conduit, duct, vent,
                     flue,  or  opening of any kind  whatsoever, arranged to conduct any
                     products  to the atmosphere.

                (6)   Combustible materials and fuels  shall mean any substance which
                     will readily burn  and shall include those substances which,
                     although  generally considered non-combustible, are or may be
                     included  in the mass of the combustible-material burned or to
                     be  burned.

                (7)   Dense  smoke shall  mean  smoke  of  a shade or the equivalent opacity
                     of  the  shade,  designated  as No.  1 on the Ringelmann Chart or
                     greater.

                (8)   Director  shall  mean the Director of the City-County Health De-
                     partment  or his designated employees or representatives.

                (9)   Emission  shall  mean the emission of air contaminants into the
                     atmosphere.
                                              -49-

-------
(10)   Evaporating loss  control  system shall  mean   a  system  or  device
      designed and installed in such a manner  as  to  reduce  or  prevent
      the emission to the atmosphere of the  vapors of the hydrocarbon
      fuel  contained in the fuel  tank, carburetor, or fuel  pump  of  the
      motor vehicle.

(11)   Exhaust emission  control  system shall  mean  a system,  device or
      engine modification designed and installed  in  such a  manner as
      to reduce or prevent the  emission to the atmosphere of air
      pollutant gases,  vapors,  and particulate matter released from
      the motor vehicle engine  through the exhaust manifold and  tailpipe.

(12)   Fuel  burning equipment shall mean any equipment, machinery, dev-
      ice, structure or contrivance, and all appurtenances  thereto,
      including ducts,  breeching, fuel-feeding equipment, ash  removal
      equipment, internal combustion engines,  combustion controls,
      stacks and chimneys, which burn fuel or combustible material
      for the purpose of producing heat or energy, but shall not mean
      process equipment of operations of incinerators.

(13)   Incinerator shall mean any device, structure or contrivance  used
      to dispose of refuse or other waste by burning or the processing
      of salvageable material by burning but excluding flares.

(14)   Motor vehicle shall mean  a self-propelled,  wheeled vehicle
      designed for normal use on public streets and  highways.

(15)   Motor vehicle pollution control device shall mean any or all  of
      the devices or systems referred to in this  section and all de-
      signed to control or prevent air pollution  emissions  from
      motor vehicles.

(16)   Multiple chamber incinerator shall mean any incinerator  consisting
      of two or more combustion chambers of in line  or retort  type
      physically separated by curtained walls with gas passage ports
      or ducts and designed for maximum combustion of the material
      to be burned.

(17)   Open burning shall mean the burning of combustible materials  or
      refuse in such a manner that the products of combustion  are  emit-
      ted directly into the atmosphere.

(18)   Open-pit incinerator shall mean a device consisting  of a pit
      (into which the material  to be burned is placed) nozzles,  pipes,
      and other appurtenances designed and arranged  in a manner to
      deliver additional air and or auxiliary fuel to, or near,  the
      zone of combustion so that theoretically complete combustion
      is accomplished or approached.

(19)   Particulate matter shall  mean discrete particles of liquid
      (except uncombined water) or solid matter or both which  may
      or may not be suspended in air.
                               -50-

-------
(20)   Positive crankcase  ventilator  shall mean  a  system or device de-
      signed and installed  in  such a manner  as  to prevent or  reduce
      the release or emission  into the  atmosphere of  gases or vapors
      produced or otherwise present  in  the crankcase  of the engine of
      a motor vehicle.

(21)   Process equipment or  operation shall mean any equipment machinery,
      device or premises  used  for tfTe treating, processing or man-
      ufacuring of materials,  products  or substances  which operation
      may emit smoke, particulate matter or  other air contaminants.

(22)   Process weight shall  mean  the  total weight  of all materials
      introduced into any specific process equipment  or operation.
      Solid fuels shall be  considered as part of  the  process  weight
      but liquids and gases used solely as fuel shall  not.

(23)   Process weight per  hour  shall  mean the weight derived by div-
      iding the total process  weight by the  number of hours in one
      complete operation  from  the beginning  of  any given process
      to the completion thereof  excluding any time during which the
      eouiDment is idle.

(24)   Products of combustion shall mean all  particulate matter and
      other air contaminants emitted as a result  of the burning of
      refuse and combustible materials.

(25)   Proprietary information  shall  mean any information obtained
      pursuant to this ordinance which  relates  to sales figures or
      to production processes  unique to the  owner or  operator or
      which affect the competitive position  of  such owner or  operator.

(26)   Refuse shall mean garbage, rubbish, trade waste, leaves, sal-
      vageable material,  agricultural waste  and other wastes.

(27)   Ringelmann chart shall mean the chart  for grading the appearance,
      density, shade or opacity  of smoke, as published with instructions
      for use by the United States Bureau of Mines, in Information
      Circular 7718, dated August, 1955.

(28)   Smoke shall mean small gasborne  or  airborne particles  resulting
      from combustion operations and consisting of carbon, ash, and
      other matter that is  present in sufficient  quantitiy to be
      observable.

(29)   Source any physical arrangement or  structure which may  emit  air
      contaminants.  It includes, but  is  not limited  to, stacks,
      chimneys, building  openings, open fires,  vehicles, process,
      equipment, structures and  premises.

(30)   Source gas volume shall  mean  the  total amount of gas  including
      contaminants, emitted from any process, equipment or operation
      into the atmosphere.
      (Ord. No. 12,575, March  31, 1970.)
                               -51-

-------
(2.0)    Sec.  28-27.   Notice of changes.
           The City  Council shall  not enact or amend any ordinance rule or regulation
        concerning air quality control  without first holding a public hearing  and
        yiving not less tnan ten (lu) days  notice of the time and place of such
        hearing by publication in  a newspaper of general circulation  published within
        the City.   (Ord.  Ho. 12,575, Harch  31, 1970.)


(15.0)   Sec.  28-28.   Enforcement.

           The Director shall  enforce the provisions of th'is Article.   (Ord.
        No.  12,575,  March 31,  1970.)

(2.0)    Sec.  28-29.   Abatement procedure.
           In addition to any  penalties,  upon determination by the Director that a
        violation  of this Article  has occurred and that the person in violation  has
        not furnished satisfactory proof that corrective measures have been or are
        being taken  to abate the nuisance,  the Director shall  give written notice
        to the person in  violation, to abate the nuisance.   The notice shall  specify
        the section  which is being violated and a reasonable time not exceeding  twenty
        (20)  days  within  which to  abate the nuisance.
           If at the end  of the time allowed the violation  has not been corrected,  the
        Director shall abate the nuisance as provided by law.
        (Ord. No.  12,575, March 31, 1970.)

(8.0)    Sec.  28-30.   Emergency.

           When a  violation of this Article creates a hazardous or dangerous  condition
        capable of immediately harming life or property the Director  shall summarily
        abate the  nuisance immediately and  without notice.
        (Ord. No.  12,575, March 31, 1970.)

(9.0)    Sec.  28-31.   Tests, data sampling.

           Upon written notice, the Director may require from any person subject to
        this  Article data to establish the  nature, extent,  quantity,  or degree of  air
        contaminants which are or  may be discharged by a source under such person's
        control, and may require that such  data be certified by a professional engineer
        registered in the State.  The Director may, at his  expense, designate an agent
        to independently gather data as to  the nature, extent, quantity and degree  of
        any air contaminants which are or may be discharged from the  source.   Subject
        to the confidentiality requirements of Section 28-36 an agent so designated
        is authorized to inspect any facilities and equipment necessary to gather
        the data.   The owners  of the premises being inspected will make the same
        available to inspection and shall permit the Director to install and maintain
        sampling and testing apparatus as are reasonable and necessary for measurement
        of emissions of air contaminants, provided that they shall not unduly inter-
        fere with the operations of the owner.  The Director may in writing require
        the owner to provide,  and  maintain  means of access  to locations for sampling
        and testing purposes,  in order to secure data that  will disclose the nature,
        extent, quantity, or degree of air contaminants discharged into the atmosphere.

(5.0)    Sec.  28-32  Variances.

           Variances form the strict provisions of this Article may be granted by  the
        Board pursuant to applications therfore when:
                                                -52-

-------
               (a)   Due to conditions beyond the control  of the person  in violation,
                    and which are not self imposed,  compliance with this Article will
                    result in an arbitrary and unreasonable taking  of property or
                    the practical closing and elimination of any lawful  business,
                    occupation or activity; and

               (b)   There are not sufficient corresponding benefits or  advantages to
                    the public in the reduction of air pollution.

             Variances shall  be for a specific time but not to exceed one (1)  year.
        Upon expiration of a  variance, additional  variances may be  granted.

             A variance granted shall be personal  to the applicant  and  not transferrable.
        All  variances granted are subject to review and revocation  by the Board.
        (Ord.  No.  12,575, March 31, 1970.)

(16.0)   Sec. 28-33.   Air Quality Control Variance Board.

             (a)   Created. There is hereby created an Air Quality  Control Variance
                  Board which shall consist of seven (7) members to be  appointed by
                  the Mayor with the consent and approval of the Council.

             (b)   Membership.  The members shall  be residents of the City and  shall
                  not be employees of the Federal, State or Municipal Government.
                  Of the members:

                  (1)  One (1) shall be representative of the engineering profession,
                       and as such shall be a professional engineer and experienced
                       in the matters of air pollution equipment and control;

                  (2)  One (1) member shall be representative  of industry in  general
                       and as such shall be employed as a manufacturing executive
                       carrying on a manufacturing business within  the  City;

                  (3)  One (1) member shall be experienced in matters of scientific
                       knowledge and competent in matters of air pollution control
                       and evaluation;

                  (4)  One (1) member shall be representative of the petroleum
                       industry and shall be trained and experienced in matters of
                       scientific knowledge of causes as well as effects of air
                       pollution; and

                  (5)  One (1) member shall be representative of agriculture,  and,
                       as such, shall be engaged in  or employed by  a basic agricultural
                       business or the processing of agricultural products.

             (c)   Terms of office.   The members of the Variance Board shall  serve for
                  a  term of three (3) years or until  their successors are appointed,
                  provided that of the first seven (7) members appointed two  (2)
                  shall serve for a term of two (2)  years and two (2) shall  serve for
                  a  term of one (1) year.  The terms shall expire on June 30  in the
                  year which  the term would expire regardless of the date of


                                               -53-

-------
                  appointment.   Members may be removed for cause.   A member appointed
                  to fill  a vacancy shall  serve the remainder of the unexpired term.

             (d)   Powers and duties.   The  members of the Board shall have the power
                  to subpoena witnesses, require the production of records, documents
                  and other matter and administer oaths.

                  Four (4) members shall constitute a quorum provided that no variance
                  shall  be granted or revoked without the concurrence of at least
                  four (4) members.

                  The Board shall  select from its number a Chairman who shall serve
                  for a  period of one (1)  year.

                  The meetings and hearings of the Board shall be called by the
                  Chairman.

                  The members shall be given five (5) days notice prior to any meeting
                  or hearing.  Emergency meetings or hearing may be held provided all
                  members consent to such meeting in writing.

                  The Board shall  make other rules and regulations concerning the
                  procedure in granting or revoking variances as it shall deem
                  necessary.
                  (Ord.  No. 12,575, March 31, 1970.)

 (3.0)  Sec.  28-3.4.   Application for variance.
 (5.0)
             Any  person  may make an application for a variance from the terms of this
        Article by paying the required fee and by filing a written application with
        the Director.  The application form shall be verified by the applicant and
        set forth all information required by the Board including the full name and
        address of the applicant, the nature of the violation and the extent to
        which a variance is sought.
        (Ord. No. 12,575, March 31, 1970.)

(16.0)  Sec.  28-35.   Public hearings.

             No variance shall be granted or revoked without first holding a public
        hearing.   Mot less than ten (10) days notice shall be given to all interested
        persons as appear in the files and records of the Board.  In addition, notice
        of such hearing shall be published in a newspaper of general circulation
        and published within the City not less than ten (10) days prior to the date
        of hearing.
        (Ord. No. 12,575, March 31, 1970.)

(14.0)  Sec. 28-36.  Proprietary information.

             No person shall disclose to anyone other than the Director, the
        Board or a court of competent jurisdiction, any information furnished or
        obtained pursuant to this Article.
                                               -54-

-------
               Upon request of the interest party, all  hearings or trails in which
          proprietary information is to be divulged shall  be held "in camera" and
          such information shall  be sealed and access otherwise limited.
          (Ord.  No. 12,575, March 31, 1970.)

   (2.0)  Sec. 28-37.  Notice.

               All  notice required under this Article,  unless otherwise specified
          shall  be  in writing and shall be served upon  the person being given notice
          personally or mailed to his last known address,  postage prepaid.   The
          date of mailing shall be considered as the date  such notice is given.
          (Ord.  No. 12,575, March 31, 1970.)

   (2.0)  Sec. 28-38.  Fees.

              Any applicant for variance shall pay a fee to the City Clerk  in the
          amount of Fifty ($50.00) Dollars.  Such fee shall be paid each time a variance
          is sought provided that the Board may in its  discretion review  any  variance
          denied within ninety (90) days from the date  OT  sucn denial without additional
          cost to the applicant.
          (Ord.  No. 12,575, March 31, 1970.)

  (50.7)  Sec. 28-39.  Nuisance declared.

               The  emission of air contaminants in violation of this Article is declared
          to be a public nuisance and may be abated by the Director as provided by law.
          (Ord.  No. 12,575, March 31, 1970.)

   (2.0)  Sec. 28-40.  Liability.

               Any  person owning, operating or controlling a source of air  contaminants
          which violates this Article shall be subject  to  all penalties and liabilities
          for such  violation.  Each day of any such violation shall constitute a separate
          offense.
          (Ord.  No. 12,575, March 31, 1970.)

   (2.0)  Sec. 28-41.  Air pollution prohibited.

               No person shall permit or cause air pollution.
          (Ord.  No. 12,575, March 31, 1970.)

(50.1.2)  Sec. 28-42.  Emission of dense smoke prohibited.

               No person shall cause or permit the emission of dense smoke from any
          source whatever except  as specifically permitted.
          (Ord.  No. 12,575, March 31, 1970.)

  (51.9)  Sec. 28-43.  Incinerators.

               (a)   Permit required.   No person shall install or make any alteration or
                    modification  to an incinerator which affects the emission of air
                    contaminants  without first having obtained a permit from the
                    Director and  paying the fee therefor as provided for in the General
                    Schedule of fees in Chapter 20.

                                                -55-

-------
              (b)   Application.   A person  making  application  for  a  permit  shall  furnish
                   such information concerning  the incinerator  as the  Director may
                   request including the plans,  specifications, maufacturer's descriptive
                   literature  and test reports.

              (c)   Specifications.   All  incinerators  installed  after the effective  date
                   of this Article shall be  multiple  chambered, gas fired  in the
                   primary and secondary chamber, and water scrubbed.   All  incinerators
                   shall  have  a capacity of  seventy five (75) pounds per hour or
                   greater provided that this capacity shall  not  be applicable to
                   incinerators designed and used exclusively as  pathological incinerators.

              An  incinerator of different  construction may be used  when the Director
              determines  that  the incinerator will  be equally effective in  controlling
              the  emission of  air contaminants  and approves its installation.

              (d)   Operation.   All  incinerators  shall be maintained and operated
                   according to good practices.

              (e)   Emission of particulate matter.  Incinerators  with  a maximum  burning
                   capacity of two hundred (200)  pounds per hour  or more shall not
                   emit particulate matter in excess  of 0.2 grains  per dry cubic foot
                   corrected to twelve (12%) per cent C02 of  exhaust gas under standard
                   conditions.  Incinerators with a maximum burning capacity of  less
                   than two hundred (200)  pounds per  hours or more  shall not emit
                   particulate matter in excess  of 0.3 grains per dry  cubic foot
                   corrected to twelve (12%) percent  C02 of exhaust gas under standard
                   conditions.

              (f)   Existing incinerators,  exceptions.  Within twelve (12)  months after
                   the effective date of this Article all existing  incinerators  shall
                   comply with all  provisions of this Article except Subsection  (c)
                   of this Section.

              (g)   Dense smoke, exception.  Incinerators may  emit dense smoke not
                   exceeding a shade or the  equivalent opacity  of the  shade designated
                   as No.  2 on the Ringelmann Chart for periods not exceeding five
                   (5) minutes in any sixty  (60) minute period  and  not exceeding twenty
                   (20) minutes in any twenty four (24) hour  period.
                   (Ord.  No. 12,575, March 31,  1970.)

(51.5)    Sec.  28-44.  Fuel  burning equipment.

                      (a)   Emission of particulate matter prohibited.   Fuel burning
                           equipment shall not  emit particulate matter in  excess of
                           that indicated  on Table 1  or Chart 1.

                      (b)   Existing fuel burning equipment, exception.  Fuel  burning
                           equipment in operation prior to  the  effective  date  of this
                           Article shall not emit particulate matter in excess  of 0.6
                           pounds per million  BTU heat input  provided  that all  such
                           existing fuel burning equipment  shall  comply with  all the
                           provisions of this  Article within  twelve (12)  months  after
                           it  becomes effective.
                           (Ord. No. 12,575, March 31, 1970.)
                                                -56-

-------
(50.1.1)   Sec.  28-45.   Process equipment or operations.

               (a)   Participate matter emission.   Process  equipment  or  operation
                    installed or commenced after  effective date  of this Article shall
                    not emit from the premises upon  which  such equipment or operation
                    is located, particulate matter in  excess  of  that indicated on
                    either Table 2, Table 3 or Chart 2.   Existing  process equipment
                    or operations shall  have twelve  (12) months  from effective date
                    of this Article to comply with this Sub-section.

               (b)   Dust control.  The owner or operator of any  process equipment  or
                    operation shall maintain dust control  of  the plant  premises and
                    plant owned, leased or controlled  access  roads by paving,  oil
                    treatment, or other suitable  measures.  Good operating practices
                    shall be observed in relation to stockpiling,  screen changing,  and
                    general maintenance to prevent dust generation and  atmospheric
                    entertainment.   Good operating practices, including water  spraying
                    or other suitable measures, shall  be employed  to minimize  dust
                    generation and emission when  bins  are  pulled.
                    (Ord. No. 12,575, March 31, 1970.)

  (51.8)   Sec.  28-46.   Hot mix asphalt plants.

               (a)   Particulate matter emission.   Hot  mix  asphalt  plants installed  or
                    commenced after effective date of  this Article shall not emit
                    particulate matter into the atmosphere in excess of the quantity
                    set out in Table 4.   Existing hot  mix  asphalt  plants shall  not
                    emit particulate matter into  the atmophere in  excess of the
                    quantity emitted at plants exhibiting  good operation and economic
                    control.  Within one (1) year all  hot  mix asphalt plants shall
                    comply with the emission rate shown on Table 4 or a new rate to
                    be determined by testing and  experience.

               (b)   Dense smoke, exception.   Hot  mix asphalt  plants  may emit dense  smoke
                    not exceeding a shade or the  equivalent opacity  of  the shade
                    designated as No. 3 on the Ringelmann  Chart, for periods not exceeding
                    four (4)' minutes in any sixty (60) minute period.

               (c)   Fugitive dust control  system.  No  hot  mix asphalt plant shall  be
                    operated unless it is equipped with a  fugitive dust control system
                    for the hot aggregate which prevents the  emission of particulate
                    matter from any point other than the chimney.
                    (Ord. No. 12,575, March 31, 1970.)

 (51.13)   Sec.  23-47.   Open burning prohibited.

               No person shall cause or permit an open burning of  any public or private
          place outside any building, provided that  open burning may be conducted  if no
          public nuisance is or will  be created as follows:

               (a)   Fires purposely set for the instruction and  training of fire fighting
                    personnel when authorized by  the Fire  Chief.
                                                 -57-

-------
             (b)   Fires  set  for  the  elimination  of  fire  hazards or  hazardous material
                  where  there  is no  other  practical or lawful method of disposal, and
                  such burning is authorized  by  the Fire Chief  cmd  Director.

             (c)   Camp fires and other  fires  used solely for recreational or ceremonial
                  purposes,  or for out-door non-commercial  preparation of food.

             (d)   Fires  purposely set for  the management of forest  or game  in accord-
                  ance with  practices recommended by  the Oklahoma Department of
                  Agriculture, the United  States Forest  Service and which are authorized
                  by  the Fire  Chief.

             (e)   The burning  of refuse and other combustible materials generated in
                  the operation  of a domestic household  when no regular garbage  service
                  is  available.

             (f)   The burning  of combustible  material  in an open pit incinerator which
                  is  defined and operated  for the control  of smoke  and particulate
                  matter.

             (g)   The burning  of hydrocarbons by atmospheric flares when no other
                  means  of disposal  is  practical.

             (h)   The burning  of trees,  brush, grass,  and  other vegetable matter for
                  the purpose  of clearing  land,  and (agricultural crop burning)  when:

                  (1) The burning is not  within one  hundred fifty  (1501) feet of an
                      occupied  residence  or  structure other than those located  on
                      property where the  burning is  conducted.

                  (2) Care  is used  to  minimize  the amount of dirt  on the material
                      being burned.

                  (3) Oils, rubber  and other similar materials which produce  unreasonable
                      amounts of air contaminants  and smoke are burned.

                  (4) The burning occurs  between three  (3) hours after sunrise  and
                      three (3) hours  before sunset.

                  (5) No traffic hazard is created.
                  (Ord.  No.  12,575,  March  31, 1970.)

(12.0)   Sec.  28-48.   Motor vehicle pollution  control  devices.

             (a)   Scope. This Section  shall  apply  to all  motor vehicles  registered
                  or  subject to registration  with the Oklahoma  State Tax  Commission
                  in  which as  new vehicles, motor vehicle  pollution control devices
                  have been  installed by virtue  of  Federal laws and regulations, in
                  effect now and hereafter, requiring such devices  to be  installed.
                  However, nothing in this Article  shall supersede  or otherwise  modify
                  such Federal laws  and regulations,  nor shall  anything  in  this
                                               -58-

-------
                   Article be construed to require the installation of motor vehicle
                   pollution control devices on motor vehicles not referred to by such
                   Federal laws and regulations.

              (b)  Prohibited Acts.  No person shall  cause, suffer, allow or permit
                   the removal, disconnection or disabling of a motor vehicle pollution
                   control device which is on a motor vehicle.

              (c)  Use or liquified petroleum gas.  Operation of a motor vehicle or
                   its engine which uses liquified petroleum gas as fuel is hereby
                   exempted from provisions of this Article.
                   (Ord. No. 12,575, March 31, 1970.)
(51.5)    Sec. 28-49.  Tables and Charts.
                                        Fuel Burning Equipment
                                                 Table 1

                   Heat Input in Million British      Maximum Allowable Emissions of
                     Thermal Units per Hour           Particulate Matter in Pounds per
                     Up to and including 10            Million British Thermal Units

                              100                                   0.60
                            1,000                                   0.35
                           10,000 and above                         0.20
                                                                    0.10
                                                -59-

-------
                           Chart 1
Particulate Matter Emission Limits  for Fuel-Burning Equipment
        10
            EQUIPMENT CAPACITY  RATING,  TO6  BTU/HR
               ALLOWABLE  EMISSION,  LB/106 BTU
                                -60-

-------
                         OKLAHOMA CITY CODE



                               Chart 2



             COLLECTION EFFICIENCY BASED ON PARTICLE SIZE
100
90
80
70
60
50
40
30
20
10


























































































/











/












/














MININ
COLLECT]









/











/










/










^




1UM
ON







/




REQUIP
FFFTCI






/











1/1






















/






ED
1NCY




^











/











f










,











/











/-
f














\
1^^^











































































1









































O.V 0,15 0.2  0.5
1   1.52   3  4567891015  20304050    100
                COLLECTION  EFFICIENCY  (% BY WEIGHT)
                                    -61-

-------
                   PROCESS EQUIPMENT OR OPERATIONS
                                Table 2
                 ALLOWABLE RATE OF PARTICULATE MATTER
                EMISSION BASED ON PROCESS WEIGHT RATE

                                                 Ib./hr.
                                                 Rate of
                                                Emission
                                                 0.551
                                                 0.877
                                                 1.40
                                                 1.83
                                                 2.22
                                                 2.58
                                                 3.38
                                                 4.10
                                                 4.76
                                                 5.38
                                                 5.96
                                                 6.52
                                                 7.58
                                                 8.56
                                                 9.49
                                                10.4
                                                11.2
                                                12.0
                                                13.6
                                                16.5
                                                17.9
                                                19.2
                                                25.2
                                                30.5
                                                35.4
                                                40.0
                                                41.3
                                                42.5
                                                43.6
                                                44.6
                                                46.3
                                                47.8
                                                49.0
                                                51.2
                                                69.0
                                                77.6
                                                92.7

   Interpolation of the data in this table for process weight rates up to
60,000 lb.hr. shall be accomplished by the use equation E equal 4.10 P0.67,
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ib./hr shall be accomplished by use of the equation E equal
55.0 PO.11-40, where E equal rate of emission in Ib./hr.  and P equal process
weight rate in tons/hr.
   Utilization of this table is accomplished by first determining the process
rate in Ib./hr. or tons/hr. and then reading the allowable rate of emission
in Ib./hr. horizontally to the right.
                                       -62-





































1
2
6
Process

Ib./hr.
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
,000,000
.000,000
,000,000
Weight
Rate
tons/hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000

-------
                                Table 3
                     ALLOWABLE RATE OF PARTICULATE
                          MATTER OF EMISSION
                       BASED ON VOLUME PER SCFM
                     Source Gas       Concentration
                    Volume, SCFM         GR/SCF

                          7,000           0.100
                        or less
                          8,000           0.096
                          9,000           0.092
                         10,000           0.089
                         20,000           0.071
                         30,000           0.062
                         40,000           0.057
                         50,000           0.053
                         60,000           0.050
                         80,000           0.045
                        100,000           0.042
                        120,000           0.040
                        140,000           0.038
                        160,000           0.036
                        180,000           0.035
                        200,000           0.034
                        300,000           0.030
                        400,000           0.027
                        500,000           0.025
                        600,000           0.024
                        800,000           0.021
                      1,000,000           0.020
                       or more

   Interpolation of the data in this table shall be accomplished by the use
of the equation C equal 1.78S minus 0.325 where S equals source gas volume.
SCFM and C equals concentration in grains per SCF.(GR equal Grains)
   Utilization of this table is accomplished by first determining the source
gas volume in SCFM and then reading the allowable concentration in GR/SCF
horizontally to the right.
                                       -63-

-------
                        HOT ASPHALT MIX PLANTS
                                Table 4
                   Aggregate           Particulate
                    Process              Matter
                    Weight              Emission
                   Per Hour           Rate Per Hour
                    Pounds

                    10,000                 10
                    20,000                 16
                    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                 50

   For a process weight between any two (2) consecutive process weight
stated in this table, the emission limitation shall be determined by
interpolation.
(Ord. No. 12,575, March 31, 1970.)
                                        •64-

-------
    Appendix G.



   TULSA CHARTER





        AND





REVISED ORDINANCES





     TITLE 17
             -65-

-------
(1.0)          SECTION 137.   DEFINITIONS.

              For the purpose of this  Clean  Air Ordinance,  the  following  terms,
        phrases and words have the meanings  given  herein.

              A.   Person.  Means an individual  or  partnership,  corporation,
        association, firm,  company, organization,  local  or  state  governmental  agency,
        or any other legal  entity, or  their  representative, officer,  agent or  assigns.

              B.   Director of Health.   Means the Medical  Director of  the  Tulsa City -
        County Health Department, or his  duly authorized representative.

              C.   Air Contaminant.  Means any particular matter or any gas or
        combination therof including but  not limited to  the following:  dust,  soot,
        mist,  smoke, fumes, fly ash, vapor,  corrosive gas,  or other discharge  and
        any other airborne material or substance that is offensive, nauseous,
        irritating or noxious to humans or other animal  life, other than  water
        vapor  or natural  air.

              D.   Board.   Means the Tulsa City-County Board of  Health.

              E.   Council.   Means the  Clean  Air Advisory Council.

              F.   Review Board.  Means the Clean Air Review Board.

              G.   Department.  Means the  Tulsa City - County Health Department.
(2.0)          SECTION 138.   TECHNICAL  ADVISORY COUNCIL.

              There is hereby created  a Technical  Advisory  Council  act in an advisory
        capacity to the Board in the development,  formulation,  alteration and  admin-
        istration of rules, regulations and  standards for the control  and abatement
        of air contaminants.   All members shall serve without compensation.


(2.0)          SECTION 139.   ZONING AND PLANNING.

              The Director of Health shall gather  and supply the  Tulsa Metropolitan
        Area Planning Commission facts concerning  air pollution in Tulsa  City-
        County, pertaining to zoning and  planning, as requested by the Planning
        Commission or deemed pertinent by the Director of Health.  Notice of all
        proposed zoning changes shall  be  given to  the Director  of Health  by  the
        Tulsa  Metropolitan Area Planning  Commission at least ten  (10) days  prior
        to any public hearing or planning commission meeting in which a change is
        to be  considered.


(3.0)          SECTION 140.   BUILDING PERMITS

              The Building Inspector's Office shall not issue a permit for
        occupancy, erection,  construction, reconstruction,  alteration or  any
        commercial, industrial or apartment  house  structure as  defined in Title  42,
        Section 1 et seq.,  of the Tulsa Revised Ordinances  when the plans and  spec-
        ifications for such structure or  occupancy include  any  fuel-burning  equipment,


                                               -66-

-------
         or any chimney or smoke stack until  such plans  and  specifications  have  been
         submitted to the Director of Health  for approval.   Use  of AGA  approved
         equipment for heating or cooling shall  be deemed  to comply with  provisions
         of this Section.  No building permit shall  be  issued if the Director of
         Health finds that emissions from the building  structure will violate the
         provisions of this Ordinance.   Failure of the  Director of Health  to approve
         or reject such plans or specifications  within  ten (10)  days shall  be deemed
         approval.


(50.7)          SECTION 141.  NUISANCE.

               No  person shall cause or allow the discharge, emission or  release into
         the atmosphere from any source whatsoever of such quantities of  air  contam-
         inant or  other material as may cause injury, endanger health,  damage property,
         or affect public health, well being  or  safety.  Such quantities shall  be
         deemed a  public nuisance and subject to penalty as  hereinafter provided.


 (2.0)          SECTION 142.  LISTING OF DEVICES  AND EQUIPMENT.

               Upon written request of the Director of  Health, all  persons  constructing
         or operating any article, machine, device,  equipment or other  contrivance
         of facility capable of causing or permitting emission of air contaminants
         into the  atmosphere shall list equipment set out  above  with the  Director of
         Health.  Such list shall include information as to  the  ownership,  location,
         design, construction, installation,  operation,  alteration of any article,
         machine,  device, equipment, contrivance or facility and information  concerning
         the general composition and such other  pertinent  information deemed  necessary
         by the Director of Health.


 (9.0)          SECTION 143.  INSPECTION.

               The Director of Health after proper identification may enter and  inspect
         any building premise, premises or other place  for the purpose  of determining
         compliance with the Clean Air Ordinance.


 (2.0)          SECTION 144.  RULES AND REGULATIONS.

               The Board may prepare standards,  rules and  regulations which they deem
         necessary to protect the public health  and  safety and to carry out the  re-
         quirements of the Clean Air Ordinance after due consideration  of the rec-
         ommendations and advice of the Council.   Such  standards, rules and regulations
         shall be  recommended to the City Commission and the County Commission for
         their adoption.


(51.13)         SECTION 145.  CONTROL OF OPEN  BURNING.

               A.   Purpose.  It is the purpose of this  regulation to establish controls
         in the open-burning of combustible material to  prevent  undesirable levels of
         air contaminants in the atmosphere.


                                                 -67-

-------
      B.  Definitions.   The section on definitions in the City of Tulsa
Clean Air Ordinance (No. 10819) and the County of Tulsa Clean Air Rules
and Regulations applies to this regulation.  The additional  terms defined
in this section have the meanings given them herein when used in this
regulation.

          1.  Open-Burning.  The burning of any matter in such manner that
      the products of combustion resulting from the burning are emitted
      directly into the open atmosphere.

          2.  Refuse.  Any combustible waste material other than liquids
      or gases.

          3.  Trade Waste.  Solid, liquid or gaseous material resulting
      from construction; the prosecution of any business, trade or industry;
      or any demolition operation, including but not limited to, plastics,
      cartons, grease,  oil, chemicals and cinders.

          4.  Salvage Operation.  Any business, trade, industry or other
      activity conducted in whole or in part for the purpose of salvaging
      or reclaiming any product or material such as metals or chemicals.

      C.  Open-Burning  Restrictions.

      No person shall dispose of refuse or trade waste by open-burning, or
cause or permit such disposal except as provided below.

      D.  Exceptions to Restrictions Against Open-Burning.

          1.  In areas  where no public or commercial refuse collection
service is available by the effective date of this regulation, the open-
burning of refuse on residential premises or of refuse originating in
dwelling units on the same premises shall not be in violation of this
regulation until such refuse collection service becomes available or until
3 years from the effective date of this regulation, whichever is sooner.

          2.  Regardless of provisions of Section C and Sub-Section D-l
of this regulation, open-burning of refuse on residential premises or
refuse originating in dwelling units on the same premises shall not be a
violation of this regulation in areas of low population density.  The
Director of Health, after consultation with public agencies concerned with
refuse collection and disposal, shall select and publish the specific bound-
aries of areas in which such open-burning of refuse will not be in violation
of this regulation.  In selecting such areas, he shall use a density of one
dwelling unit per 10 acres as an approximate definition of areas of low
population density.  The Director of Health shall select and publish re-
vised boundaries, as described above, from time to time as population
density changes.

          3.  Outdoor burning in connection with the preparation of food.

          4.  Campfires and fires used solely for recreational purposes
or for ceremonial occasions.
                                      -68-

-------
          5.  Fires purposely set for purposes of training public or private
fire-fighting personnel when authorized by the appropriate governmental
entity.

          6.  Fires set or required by a public officer for the abatement of
nuisances and which are necessary and unavoidable in carrying out public
health and safety functions.

          7.  Any open-burning of refuse permitted by Subsection D-l, D-2 and
D-6 of this regulation shall be permitted only between the hours of 6:00
A.M. and.10:00 A.M.

      E.  Prohibition of Salvage Operations, by Open-Burning.  No person shall
conduct or cause or permit the conduct of a salvage operation by open-burning.

      F.  Exceptions to Regulations on Open-Burning of Trade Wastes.

          1.  The open-burning of trade wastes may be permitted when it
can be shown that such open-burning is necessary and in the public interest.
Any person intending to engage in open-burning of trade wastes shall file
a request to do so with the Director of Health.  The application shall state
the following:

              a.  The name, address and telephone number of the person who
          submitted the application.

              b.  The type of business or activity involved.

              c.  A description of the proposed equipment and operating
          practices:  the type, quantity and composition of trade wastes
          to be burned.

              d.  The schedule of burning operations.

              e.  The exact location where open-burning will be used to
          dispose of trade waste.

              f.  Reasons why no method other than open-burning can be
          used for disposal of trade waste.

              g.  Evidence that the proposed open-burning has been approved
          by any fire department which may have jurisdiction.

              h.  Upon approval of the application by the Director of Health,
          the person may proceed with the operation without being in violation
          of Section C.

      G.  Restrictions on Open-Burning of Agricultural Wastes.

          1.  The open-burning of plant life is prohibited provided that
      the open-burning of plant life grown on the premises in the course
      of any agricultural  operation may be permitted when it can be shown
      that such open-burning is necessary and that no fire-hazard will occur.


                                       -69-

-------
              Any  person  intending  to  dispose  of  plant  life  by open-burning shall
              file a  request  to  do  so  with  the Director of Health  on  forms provided
              by him.   Such form may require the  provision of such information as
              the  Director of Health may  reasonably  need  to  determine the air pol-
              lution  aspects  of  the situation  and whether the request should be
              granted.  The applicant  shall furnish  the Director of Health evidence
              that the  proposed  open-burning has  been approved by  any fire department
              which may have  jurisdiction.  Upon  approval of the application by  the
              Director  of Health the person may proceed with the operations without
              being in  violation of this  Section  G-l.

                  2.  Any open-burning permitted  under  provisions  of  Subsection  G-l
              of this regulation shall  be permitted  only  between the  hours of 6:00 A.M.
              and  10:00 A.M.

(51.9)        SECTION 146.  INCINERATORS.

              A.   Purpose.  It is the  purpose  of  this regulation to establish controls
        for  the construction  and operation  of  incinerators to prevent desirable
        levels of  air contaminants  in  the atmosphere, while  maintaining compliance
        with the existing  Fire Prevention  Code  (Title 14 the  Charter and Revised
        Ordinances of the City of Tulsa,  Oklahoma).

              B.   Definitions.  The section on definitions in the  City of Tulsa  Clean
        Air  Ordinance (No. 10819) and  the County  of  Tulsa Clean Air Rules and Reg-
        ulations applies  to this regulation.   The additional terms defined in this
        section have  the  meanings given them herein  when  used in this regulation.

                  1.  Incinerator.  Any device, structure or contrivance intended
              or used to  dispose of refuse  of  other  wastes by burning and the
              processing  of salvable material  by  burning.

                  2.  Refuse.  Notwithstanding definitions in other regulations,
              as used in  this regulation, the  word refuse includes garbage, rubbish,
              trade wastes, leaves, salvable material,  agricultural wastes and other
              wastes.

                  3.  Multiple Chamber Incinerator.  Any  incinerator  consisting
              of two or more  refractory-lined  combustion  chambers  in  series, physically
              separated by refractory  walls, interconnected  by gas passage ports
              or ducts  and adequately  designed for maximum combustion of the material
              to be burned.

              C.   Provisions  Applicable to  All  Incinerators.  After the effective
        date of this  regulation  all incinerators  shall  meet  the following provisions:

                  1.  No  incinerator shall  emit into the  atmosphere any air contam-
              inant in  quantities detrimental  to  health or property,  or adversely
              affecting the use  or  enjoyment of property.

                  2.  Two copies of plans and  specifications or manufacturers'
              descriptive literature,  or  both  if  available,  shall  be  filed with  the
                                               -70-

-------
      Director of Health thirty (30) days prior to the installation, con-
      struction, reconstruction or alteration of any incinerator.  The
      material so filed shall show the general location, design, capacity,
      amount and type of waste to be incinerated, fire chamber details,
      stack or chimney details and location with reference to neighboring
      properties.

          3.  All new incinerators shall be multiple-chamber incinerators,
      provided that the Director of Health may approve any other kind of
      incinerator if he finds in advance of construction or installation
      that such other kind of incinerator is equally effective for purposes
      of air pollution control as an approved multiple chamber incinerator.

      D.  Restrictions on Emission Color.

          1.  Emissions from new incinerators shall not be:

              a.  Of a shade or density equal to or darker than that des-
          ignated as No. 1 on the Ringelmann Chart, or

              b.  Of such capacity as to obscure an observer's view to a
          degree equal to or greater than No. 1 on the Ringelmann Chart except
          that air contaminants of a shade or opacity not greater than that
          designated as No. 2 on the Ringelmann Chart may be emitted for
          aggregate periods not to exceed six (6) minutes, in any sixty (60)
          minutes; the shade or opacity of air contaminants shall be measured
          at its point of emission.

          2.  Emissions from Existing Incinerators shall not be:

              a.  Of a shade or density equal to or darker than that
          designated as No. 2 on the Ringelmann Chart, or

              b.  Of such opacity as to obscure an observer's view to a degree
          equal to or greater than No. 2 on the Ringelmann Chart,  exclusive
          of water vapor.

      E.  Method of Measurement.  The Ringelmann Chart published and described
in the U.S. Bureau of Mines Information Circular 7718 of the U.S. Federal
Register, Title 42, Chapter 1, Sub-chapter F shall  be used in
grading the shade or opacity of visible air contaminant emissions.  The Director
of Health may specify other means of measurement which give comparable results
or results of greater accuracy.  The two publications described in this sub-
section are hereby made a  part  of this regulation by reference.

      F.  Time Limit for Compliance of Existing Incinerators.  All
existing incinerators shall meet all of the provisions of Section C within
18 months after the effective date of this regulation.  (Ord.  No. 11224).

      G.  Restrictions on Particulate Matter Emission from Incinerators.
No person shall cause, suffer, allow or permit to be discharged into the
outdoor atmosphere:
                                      -71-

-------
                   1.  From any incinerator burning less than 200 pounds of refuse
               per hour, particulate matter to exceed 0.3 grains per standard cubic
               foot of dry flue gas, adjusted to 12% carbon dioxide and calculated
               as if no auxiliary fuel had been used.

                   2.  From any incinerator  burning 200 or  more pounds  of  refuse
               per hour, particulate matter to exceed 0.2 grains per standard cubic
               foot of dry flue gas, adjusted to 12% carbon dioxide and calculated
               as if no auxiliary fuel had been used.


'(50.0)         SECTION 147.  CONTROL OF AIR POLLUTION FROM SMOKE AND PARTICULATE
                             MATTER.

               A.  Purpose.  It is the purpose of this  regulation to establish air
         standards for the City of Tulsa, Oklahoma,  and  the County of Tulsa, Oklahoma,
         in order to define and prevent undesirable  levels of smoke and  particulate
         matter.

               B.  Definitions.

                   1.  The section of definitions in the City of Tulsa  Clean Air
               Ordinance  (No. 10819) applies to this regulation.  The additional
               terms defined in this section have the meanings  given to them herein
               when used in this regulation.

                   2.  Particulate Matter.  Any material, except uncombined water,
               that exists in finely divided form as a  liquid or solid.  The term
               "suspended particulate matter" is used to distinguish such  liquid
               or solid matter from material which  settles  rapidly due  to  gravity.

                   3.  Smoke.  Small gas-borne particles resulting from incomplete
               combustion, consisting predominantly of  carbon and other combustible
               materials, and present in sufficient quantity to be observable.

                   4.  Equivalent Opacity.  The degree  to which an emission, other
               than gray or black smoke, obscures the view  of an observer, expressed
               as an equivalent of the obstruction  caused by a  gray or  black smoke
               emission of a given density, as measured by  a Ringelmann Smoke Chart.

                   5.  Emergency.  Any departure from normal operations resulting
               in the temporary emission of  smoke and/or particulate matter above
               the specified standards.

               C.  Control of Smoke.

                   1.  Emissions from New  Installations.  After the effective date
               of this regulation, the emission of  smoke from any new combustion
               unit or from any type of  burning in  a combustion unit  including  the
               incineration of  industrial, commercial and municipal wastes, shall not
               be of a shade or density  equal to or darker  than that designated as
               No. 1 on the Ringelmann Smoke Chart, except  that smoke emitted
               during the cleaning of a  fire box or the building of a new  fire,
               sootblowing, equipment changes, ash  removal  and  rapping  of  precipitators

                                                -72-

-------OCR error (C:\Conversion\JobRoot\00000BZR\tiff\20011SHT.tif): Saving image to "C:\Conversion\JobRoot\00000BZR\tiff\20011SHT.T$F.T$F" failed.

-------
changes may be equal  to or greater than an equivalent opacity of No.  2 on  the
Ringelmann Smoke Chart for a period or periods aggregating not more than
six (6) minutes in any sixty (60)  consecutive minutes,  nor more than  six  (6)
hours in any 10-day period.

      E.  Parti cul ate Matter.

          1 .  Ambient Air Quality  Standards for Parti cul ate Matter.   The  con-
      centrations of parti cul ate matter in the atmosphere higher than the
      levels specified below for the various land use areas constitute undesir-
      able levels, whether the sources are from natural causes or from the
      activities of man, and a state of air pollution exists when the concen-
      trations of parti cul ates exceed these levels.   The ambient air  quality
      for an area shall be determined on the basis of not less than  (10)  24-
      hour samples taken within a  30-day period of time.   The ambient air
      quality for an area is considered as failing to meet the standards
      stated below if the ambient  atmosphere of the area, based on the re-
      quisite 24-hour sample, exceed these levels more than 10 percent (10%)
      of the time on a log-normal  cumulative frequency distribution.

              a.  Concentration Levels.
                       Rural :   Not to exceed sixty (60)  micrograms  of
              particulate matter per cubic meter  of air.

                  (2)  Residential and Recreational :  Not  to be exceed
              eighty (80) micrograms of particulate  matter per cubic
              meter of air.

                  (3)  Commercial and Business:   Not to  exceed one  hundred
              (100) micrograms of particulate matter per cubic meter of air.

                  (4)  Industrial:  Not to exceed one hundred twenty (120)
              micrograms of particulate matter per cubic meter of air.

              b.  Area Classification:  Rural, residential, commercial
          and industrial area classifications are defined  on the basis of
          their land use and are not to be considered as part of a  local
          or statewide zoning system.  The Director  of Health shall decide
          the proper definition of an area.

              c.  Sampling and analysis to determine the concentration of
          particulate matter shall be performed in accordance with  eng-
          ineering guides prepared by the Health Department.  The pro-
          cedures will be consistent with obtaining  accurate results
          which are representative of the conditions being evaluated and
          will be subject to revision as experience  or knowledge dictate.

          2.  Emission Limits for Particulate Matter from Specific
              Activities.
                                       -74-

-------
            a.   Emission of Particulate Matter from Fuel-Burning
                Equipment.

                (1)  No person shall cause, suffer, allow or permit
            particulate matter caused by the combustion of fuel  to
            be discharged from any stack or chimney into the atmosphere,
            in excess of the hourly rate set forth in the following table:

                                            Maximum Allowable Emissions
Heat Input in Million                        of Particulate Matter in
British Thermal Units                           Pounds per Million
      Per Hour                                 British Thermal  Units
Up to and including 10                                 0.60
      100                                              0.35
    1,000                                              0.20
   10,000 and above                                    0.12

                     (a)  For a heat input between any two (2) consecutive
                heat inputs stated in the preceding table maximum allowable
                emissions of particulate matter are shown on Figure 1.

                     (b)  For the purposes hereof, heat input shall be
                calculated as the aggregate heat content of all  fuels
                (using the upper limit of their range of heating value)
                whose products of combustion pass through the stack or
                chimney.

                     (c)  When two (2) or more fuel-buring units are con-
                nected to a single stack, the combined heat input of all
                units connected to the stack shall be used to determine the
                allowable emission from the stack.

                     (d)  When a single fuel-burning unit is connected
                to two (2) or more stacks, the allowable emission from
                all the stacks conbined shall not exceed that allowable
                for the same unit connected to a single stack.

            b.   Emission of Particulate Matter from Industrial Processes.

                1.  General Provisions.

                    (a)  This section applies to any operation,  process
                or activity except the burning of fuel for direct heating
                in which the products of combustion do not come  in direct
                contact with process materials and except the burning of
                refuse and except the processing of salvageable  material
                by burning, and except existing foundry cupolas.

                    (b)  Process weight per hour is the total weight of
                all materials introduced into any specific process which
                process may cause any discharge of particulate matter.
                Solid fuels charged will be considered as part of the pro-
                cess weight, but liquid and gaseous fuels and combustion
                air will not.  For a cyclical or batch operation, the
                process weight by the number of hours in one complete
                                -75-

-------
                   operation from the beginning of any process to the
                   completion thereof, excluding any time during which the
                   equipment is idle.  For a continuous operation the process
                   weight per hour will be derived by dividing the process
                   weignt for a typical period of time oy said time period.
                        (c)  The process weight per hour referred to in this
                   section shall be based uoon the normal ooeration maximum
                   capacity of the equipment and if such normal maximum capacity
                   should be increased by process of equipment changes, the new
                   normal  maximum capacity shall be used as the process weight
                   in determining the allowable emissions.

                         (d)  Emission tests relating to this regulation
                   shall be made following the current standards in
                   ASME 'Power Test Code PTC 27' entitled 'Determining
                   Oust Concetration in a Gas Stream.1
                   2.  Emission Limitations.  Except as provided for in
               Section 2.(c), the emission of particulate matter in any one
               hour from any source shall be limited as follows:

                       (a)  To the amount  shown in  Table 1  for the process
                   weight allocated to such source.

Figure 1.   Particulate Matter Emission Limits for Fuel-Burning Equipment
 1.0  p


 0.8  L
 0.06
 0.05
         10
    102               103             104
EQUIPMENT CAPACITY RATING, 106 BTU/HR
                                        -76-

-------
                       (b)  No person shall cause, suffer, allO'.-"- or permit
                  the emission of particulate matter from any source in a
                  concentration of excess of 0.30 grain per standard cubic
                  foot of exhaust gases.  If provisions of this Subsection
                  (2)(b) would permit a greater emission of particulate
                  matter per hour than allowed by Subsection (2}(a), the
                  provision of Subsection (2)(b) shall net epply.
                                   TABLE 1
Process Weight
Rate
Lb/Hr Tons/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
Process Weight
Rate
Lb/Hr Tons/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
• 2,000,000
6,000,000
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.2
35.4
40.0
41.3
42.5
43.6
• 44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to 60,000
Ibs/hr shall be accomplished by use of the equation:

                               E = 4.10 P°-67

and interpolation and extrapolation of the data for process weight rate in excess
of 60,000 Ibs/hr shall be accomplished by use of the equation:

E = 55.0 pO-11 _ 4Q} where E = rate of emission in Ib/hr and

P = process weight rate in tons/hr
                                        -77-

-------
                        c.   Emissions  of  Participate Matter from  Existing Foundry
                   Cupolas.

                            (1)   Every existing  foundry cupola  shall  be equipped with
                        air  pollution  control  equipment which collect not less than
                        85 percent  of  the particulate matter which would be emitted
                        without  the use of such  control equipment.

                            (2)   No person shall  cause, suffer, allow or permit
                        the  emission of particulate matter from any existing  foundry
                        cupola  in a concentration in excess of  0.40 grains per stand-
                        ard  dry  cubic  foot of  exhaust gas.  If  provisions of  this
                        subsection  would  permit  an emission of  a  greater weight of
                        particulate matter per hour than  is allowed by subsection
                        (1)  hereof, then  the provisions of this subsection shall
                        not  apply.

               F.   Other Exceptions to Emission  Limits.

                   1.   Temporary emissions of  particulate matter  during periods of
               cleaning or adjusting process equipment shall not  exceed 150 percent
               of  the  limits as  set forth in the above sections for a period  or periods
               aggregating not more than  six  (6) minutes  in any sixty (60) consecutive
               minutes.

                   2.   Upon  the  occurrence of  an emergency, as  defined in Subsection  5
               of  Section B, the emitter  shall notify the Health  Department as to the
               nature  and estimated duration of  the emergency.  The Health Department
               may waive the requirements of this regulation for  a period up  to
               seventy-two  (72)  hours.  If the estimated  or actual duration is greater
               than seventy  two  (72) hours, the  emitter shall apply for a Variance,
               according to  Section 10 of Ordinance No. 10819.


(50.2)          SECTION 148.   CONTROL OF AIR POLLUTION FROM SULFUR COMPOUNDS.

               A.   Purpose.   It  is  the purpose of this  regulation to  establish air
        standards  for  the City  and  County of Tulsa, Oklahoma, on  sulfur dioxide,
        sulfur trioxide, sulfuric acid, and hydrogen  sulfide.

               B.   Definitions.

                   1.   The same  definitions as set forth  in the enabling  Clean
               Air Rules and Regulations  under Title  63,  Oklahoma Statutes, Sections
               1-210 and 1-213  shall apply to  this Section.

                   2.   Sulfur Compounds.   All  inorganic or organic chemicals  having
               an  atom or atoms  of  sulfur in their chemical structure.

                   3.   Emergency.  Any departure from normal  operations  resulting
               in  the  temporary emission  of 'sulfur compounds'  above  the  specified
               standards.
                                               -78-

-------
       C.  Ambient Air Quality Standards for Sulfur Compounds.

           1.  The Air Pollution Control Section declares that concentrations
       of sulfur dioxide, sulfur trioxide, sulfuric acid, or hydrogen sulfide
       in the atmophere higher than the level specified, respectively, for
       each of the compounds in the table in paragraph 2 below, constitute
       undesirable levels, and that a state or air pollution exists when
       concentrations of any of the compounds exceed the level specified
       for that compound.

           2.  Table of Standards.

               a.  No person shall cause or permit the emission of sulfur
           dioxide from any premises in such manner and amounts that the
           concentrations and frequencies attributable to such emission
           exceed those shown in the following table in the ambient air at any
           occupied place beyond the premises on which the source is located:
                                                          Maximum
Concentration3	Averaging Time	Allowable Frequency

0.15 PPM or More                1 Hour              Once in any  4 days
0.05 PPM or More               24 Hours             Once in any 90 days


       aparts per Million by Volume

                b.  No person shall cause or permit the emission of sulfuric
           acid or sulfur trioxide or any combination thereof from any premises
           in such manner and amounts that the concentrations and frequencies
           attributable to such emission exceed those shown in the following
           table in the ambient air:
Concentration3.of
Sulfuric Acid or
Sulfur Trioxide or
any Combination                                          Maximum
Thereof                   Averaging Time           Allowable Frequency


0.03 mg/m^ or More       30 Minutes or more        Once in any 48 hours

0.01 mg/m^ or More       24 Hours                  Once in any 90 days


       aMiHi grams per cubic meter at standard conditions, measured and
        calculated as sulfuric acid.
                                       -79-

-------
                c.   No person shall  cause or permit the emission of hydrogen
           sulfide  from any premises in such manner and amounts  that the
           concentrations and frequencies attributable to such emissions in the
           ambient  air at any occupied place beyond the premises on which the
           source is located exceed  the values shown in the following table:
Concentration3 of                                                 Maximum
Hydrogen Sulfide               Averaging Time               Allowable Frequency


   0.03 PPM                      30 minutes                   Once in 5 days
   0.05 PPM                      30 minutes                   Once per year


       apart per Million by Volume

           3.  More Restrictive to Apply.  In any situation in which more than
       one requirement of this regulation is applicable, the more restrictive
       provision shall be govern.

       D.  Emission Limitations.

           1.  Existing Installations.  Other than mentioned in D.3 below,
       no person shall cause or permit the emission of gas containing sulfur
       dioxide  in excess  of 2,000 PPM,  sulfur trioxide,  or  sulfuric  acid  or
       any combination  thereof in excess  of 70 mg/m^, of hydrogen  sulfide
       in excess  of 100 PPM.

           2.   New Installations.   Other  than mentioned  in  D.3  below,  no  person
       shall  cause or  permit,  from new installations, the emission of gas
       containing sulfur  dioxide in excess  of 500  PPM, sulfur trioxide or sulfuric
       acid or  any combination thereof in excess of  50 mg/m3, or  hydrogen sulfide
       in excess  of 100 PPM.

           3.   Existing Sulfuric Acid  Plants.

               a.   No  person  shall  cause  or permit,  from an existing sulfuric
           acid unit stack, the emission  of gas containing  sulfur dioxide in
           excess of that as  calculated by  the following equation:

           Formula for S02 from a sulfuric  acid unit—

                S = 1/3 /-1690 + 20.75 N  +  P (68.5 - .2375  N)/

           Where:   S =  S02 emission (PPM)
                   N =  Nominal unit capacity (tons/day of ^$04)
                   P =  Unit production rate  (tons/day of H2S04J

                b.   No  person  shall cause or permit, from an existing sulfuric
           acid unit stack, the emission  of sulfur trioxide of  sulfuric acid
           of any combination  thereof  in  excess of 70 mg/nr.

                                        -80-

-------
       E.  Exceptions.

           1.  Temporary emissions of sulfur compounds during periods of
       startup and shutdown of continuous process operations, and during
       periods of inspections and periodic cleaning and maintenance of
       air control equipment, shall not exceed 200 percent of the limits
       specified in Section D.I, Emission Limitations, and shall not exceed
       100 percent of the limits specified in Section D.2, for more than
       twenty-four (24) hour period.

           2.  Upon the occurrence of an emergency, as defined in Section
       B.3, the emitter shall notify the Health Department as to the nature
       and estimated duration of the emergency.  The Health Department may
       waive the requirements of this regulation for a period up to seventy-
       two (72) hours.  If the estimated or actual duration is greater than
       seventy-two (72) hours, the emitter shall apply for a variance according
       to Section 10 of Ordinance No. 10819.

       F.  Methods of Measurement.

           1.  Measurement of SC^ in the Ambient Atmosphere.


               a.  Gaseous (SOj) Colorimetric

                   Ref:  SELECTED METHODS FOR THE MEASUREMENT OF AIR POLLUTANTS.
                         Public Health Service Publication Number 999-AP-ll
                         (May 1965), Determination of Sulfur Dioxide:  West
                         Gaeke Method, pp. 4-15.

               b.  Gaseous (SOj) Conductometric

                   Ref:  ASTM STANDARDS ON METHODS OF ATMOSPHERIC SAMPLING
                         AND ANALYSIS.  2nd Edition, Method D. 1355-60,
                         Method A. p. 11.

           2.  Measurement of S02 in Stack Gases

               Gaseous (S02) (Shell Development Company Method).

                   Ref:  ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
                         PROCESSES.  Public Health Service Publication
                         999-AP-13 (1965), Appendix B, pp. 85-87.

       3.  Measurement of H2S04 and S03 or any Combination Thereof in the
Ambient Atmosphere.                                            ~~~

           H2S04 Mist (Particulates).

               Ref:   B. T.  Commons, "Determination of Particulate Acid in
                     Town Air", ANALYST, 88,  364-367 May (1963)
                                   -81-

-------
               4.   Measurement of hSO  and SO  or any Combination Thereof in
        Stack Gases"
                   a.   H2$04 - Acid Mists  (Participates)
                       Ref:   ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
                             PROCESSES.   Public Health Service Publication
                             999-AP-13 (1965),  Appendix B,  pp. 61-66 (Modified
                             Monsanto Company Method).

                   b.   H2S04 -  S03 Gaseous

                       Ref:   ATMOSPHERIC EMISSIONS FROM SULFURIC ACID MANUFACTURING
                             PROCESSES.   Public Health Service Publication
                             999-AP-13 (1965),  Appendix B,  pp. 90-92 (Shell  Development
                             Company Method).

               5.   Measurement  of ^S in the Ambient Atmosphere

                   Lead-acetate-impregnated Filter Paper Procedure

                       Ref:   J.  D. Sensbaugh and W.  C. L.  Hemeon, "A Low Cost Sampler
                             for Measurement of Low Concentration of Hydrogen Sulfide,"
                             AIR REPAIR 4:5 (May 1954).

               6.   Sampling  Procedures.   All sampling of stack gases shall be made
        in accordance with ASME Bulletin "P.T.C. Number 27", entitled "Determining
        Dust Concentration in a Gas Stream."

               7.   Other Methods.  Other test methods approved by the Tulsa City-
        County Health Department may be used.  The publications describing methods
        of measurement specified in this section are hereby made a part of this reg-
        ulation by reference.


(2.0)          SECTION 149.   RIGHT OR REVIEW AND EXCEPTIONS THERETO.

               There is hereby created a Review Board composed of five (5) members.
        One member shall be  selected by the Technical Advisory Council from its
        membership.  Two members shall be appointed by the City Commission and two
        members shall  be appointed by the County Commission.  The Review Board shall
        select annually a chairman from among its members.   Meetings shall be called
        by the chairman.  Three (3) members shall constitute a quorum.

               A.   When, in  the opinion of the  Director, a violation of this
        Ordinance exists, he may by conference, conciliation and persuasion, endeavor
        to the fullest extent possible to eliminate such violation.  In case of the
        failure by conference, conciliation and persuasion  to correct or remedy
        any claimed violation, the Director may cause to have issued and served per-
        sonally or by registered mail upon the  person complained against, a written
        order.  The order shall specify the provisions of the Ordinance alleged to
        constitute a violation thereof and shall order the necessary corrective action
        to be taken within a reasonable time to be prescribed in such order.  Any such
        order shall become final and enforceable unless the person or persons named
        therein request in writing a hearing before the Board of Review no later
        than (15) days after the date such order is served.  The notice of hearing
        shall be delivered in person or by registered mail to the alleged violator
        or violators not less than ten  (10) days before the time set for hearing.

                                           -82-

-------
               Provided, however, the aforementioned right of review shall  not
        apply to Section 145 (CONTROL OF OPEN BURNING)  and Section 146 (INCINERATORS),
        and the Director may take such immediate action as he deems necessary to
        enforce the provisions of Section 145 (CONTROL  OF OPEN BURNING)  and Section
        146 (INCINERATORS) hereof.

               B.   The respondent to the order may file a written answer thereto and
        may appear at such hearing in person or by representative, with  or  without
        counsel, and may make oral  argument, offer testimony or cross-examine wit-
        nesses in  support of the complaint, or taken any combination of  such actions.
        In all proceedings before the Board of Review with respect to any alleged
        violation  of the Ordinance, the burden of proof shall be upon the Director,

               C.   The Board of Review shall make such  final determination  as it shall
        deem appropriate under the circumstances and the Board of Review shall request
        the Director of Health to issue a final order in accordance with its findings.
        The Director shall notify the respondent thereof in writing by registered mail.


(5.0)           SECTION 150.   VARIANCES.

               Any person seeking a variance from the Clean Air Ordinance shall do so
        by filing  a petition for variance with the Director of Health.  The Director
        shall promptly investigate such petition and make a recommendation  to the Board
        of Review  as to the disposition thereof.  Upon  receiving the recommendation of
        the Director the Board of Review shall set a date for public hearing thereon
        and shall  prescribe the length and type of notice to be given by the petitioner.
        Such hearing shall be held as provided above, except the burden  of proof shall
        be on the  petitioner.  The Board of Review may  grand individual  variances beyond
        the limitations prescribed in this Ordinance.


(15.0)          SECTION 151.   PENALTIES.

               Any person who violates any provision of the Clean Air Ordinance,
        or any final order issued by the Director of Health pursuant to  the provisions
        of this Ordinance and fails to permanently cease each violation  of such order
        within (10) days after receipt of notice from the Department of  Health
        specifying such violation,  shall be deemed to be guilty of a misdemeanor
        and shall  be fined not more than $100.00 or imprisoned for not more than
        (30) days, or both.   Each day of violation shall be considered a separate
        offense.


(2.0)           SECTION 152.   LIMITATIONS.

               Nothing in this Ordinance shall be construed to:

               A.   Abridge,  limit,  impair, create, enlarge or otherwise  effect
        substantially or procedurally the right of any  person to damages or other
        relief on  account of injury to persons or property and to maintain  any action
        or other appropriate proceeding therefor.

               B.   Grant to  the Board any jurisdiction  or authority with respect to
        air contamination existing  solely within commercial and industrial  plants works
        or shops.
                                              -83-

-------
       C.  Affect the relations between employers and employees with
respect to or arising out of air condition of air contamination or air
pollution.

       D.  Supersede or limit the applicability of any law or ordinance
relating to sanitation, industrial  health or safety.
                                        -84-

-------
FEDERALLY PROMULGATED



    REGULATIONS
         -85-

-------
(10.0)  52.1924    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 ownar shall be disregarded in determining
                              whether a construction or modification  program  is contin-
                              uous.
                                                -86-

-------
     (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
                             -87-

-------
             (b)   Any modified  parking facility, or any modification
                  of an  associated  parking area, which increases park-
                  ing capacity  by 1,000 cars or more.

     (iii)    Any  airport,  the construction or general modification
             program of  which is expected to result in the following
             activity within ten years of construction or modifica-
             tion:

             (a)   New airport:  50,000 or more operations per year by
                  regularly scheduled air carriers, or use by 1,600,000
                  or more  passengers per year.

             (b)   Modified airport:  Increase of 50,000 or more opera-
                  tions  per year by regularly scheduled air  carriers
                  over the existing volume of operations, or increase
                  of 1,600,000  or more passengers  per year.

     (iv)     Where an indirect  source is constructed or modified in
             increments  which individually are not subject to review
             under this  paragraph,  and which are not part of a program
             of construction or modification in planned incremental
             phases approved by the Administrator, all such  increments
             commenced after December 31, 1974, or after the latest
             approval hereunder, whichever date is most recent, shall
             be added together  for  determining the applicability of
             this paragraph.

(3)   No owner or operator  of an indirect source subject to this para-
     graph shall  commence  construction or modification of such source
     after December 31,  1974, without first obtaining approval from
     the Administrator.  Application for approval  to construct or mod-
     ify shall  be by means prescribed by the Administrator,  and shall
     include a copy of  any draft  or final environmental impact state-
     ment which has been prepared  pursuant to the  National Environmen-
     tal Policy Act (42  U.S.C.  4321).   If not included in such environ-
     mental impact statement,  the Administrator may  request  the follow-
     ing information:

     (i)     For all  indirect  sources subject to this paragraph, other
             than highway  projects:

             (a)  The  name and  address  of the applicant.

             (b)  A map showing the location of  the  site  of  indirect
                  source and  the  topography  of  the area.

             (c)  A description of the  proposed  use  of the  site,  in-
                  cluding  the  normal  hours of operation of the facil-
                  ity,  and the  general  types of activities to be op-
                  erated therein.
                              -88-

-------
        (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.
                        -89-

-------
     (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
                             -90-

-------
             published  by  the  Environmental  Protection  Agency  which
             relate  traffic  demand  and  capacity  considerations to  am-
             bient carbon  monoxide  impact,  by  use  of appropriate at-
             mospheric  diffusion  models (examples  of which  are refer-
             enced in Appendix 0  to Part 51  of this  chapter),  and/or
             by any  other  reliable  analytic method.   The applicant
             may (but need not) submit  with his  application, the re-
             sults of an appropriate diffusion model  and/or any other
             reliable analytic method,  along with  the technical data
             and information supporting such results.  Any  such results
             and supporting  data  submitted  by  the  applicant shall  be
             considered by the Administrator in  making his  determina-
             tion pursuant to  paragraph (b) (4)  (i)  (b) of  this sec-
             tion.

(5)   (i)      For airports  subject to this paragraph, the Administrator
             shall base his  decision on the approval or disapproval  of
             an application  on the considerations  to be published  as
             an Appendix to  this  Part.

     (ii)    For highway projects and parking facilities specified
             under paragraph (b)  (2) of this section which  are assoc-
             iated with airports, the requirements and procedures
             specified  in  paragraphs (b) (4) and (6) (i) and (ii)  of
             this section  shall be met.

(6)   (i)      For all highway projects subject to this paragraph,  the
             Administrator shall  not approve an  application to con-
             struct or  modify  if he determines that the indirect  source
             will:

             (a)  Cause a  violation of the control strategy of any ap-
                  plicable state implementation  plan;  or

             (b)  Cause or exacerbate a violation of the national  stan-
                  dards for carbon monoxide in any region or portion
                  thereof.

     (ii)    The determination pursuant to paragraph (b) (6) (i)  (b)
             of this section shall  be made by evaluating the anticipa-
             ted concentration of carbon monoxide at reasonable  re-
             ceptor or exposure sites which will be affected by the
             mobile source activity expected on  the highway for the ten
             year period following the expected date of completion ac-
             cording to the procedures specified in paragraph   (b)  (4)
             (ii) of this section.

     (iii)   For new highway projects subject to this paragraph with
             an anticipated average daily traffic volume of 50,000 or
             more vehicles within ten years of construction, or mod-
             ifications to highway projects subject to this paragraph
             which will increase average daily traffic volume  by 25,000
                             -91-

-------
             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 sourca.

     (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
                             -92-

-------
             land  use  planning  agency;  and  for  highways,  any  local
             board or  committee charged with responsibility  for activ-
             ities in  the  conduct  of  the  urban transportation  planning
             process  (3-C  process)  pursuant  to 23  U.S.C.  134.

     (iv)     Public comments  submitted in writing  within  30  days  after
             the date  such information is made available  shall be con-
             sidered by  the Administrator in making  his final  decision
             on the application.   No  later than  10 days after  the close
             of the public comment period, the applicant  may submit  a
             written response to any  comments submitted by the public.
             The Administrator  shall  consider the  applicant's  response
             in making his final decision.   All  comments  shall be made
             available for public  inspection in  at least  one location
             in the region in which the indirect source would  be  lo-
             cated.

     (v)      The Administrator  shall  take final  action on an applica-
             tion  within 30 days after the close of  the public comment
             period.   The  Administrator shall notify the  applicant  in
             writing of  his approval, conditional  approval,  or denial
             of the application, and  shall set forth his  reasons  for
             conditional approval  or  denial. Such notification shall
             be made  available  for public inspection in at least  one
             location  in the  region in which the indirect source  would
             be located.

     (vi)     The Administrator  may extend each of  the time periods
             specified in  paragraphs  (b)  (8) (ii), (iv),  or  (v) of
             this  section  by  no more  than 30 days, or such other  peri-
             od as agreed  to  by the applicant and  the Administrator.

(9)   (i)      Whenever an indirect  source  as  proposed by an owner  or
             operator's  application would not be permitted to  be  con-
             structed  for  failure  to  meet the tests  set forth  pursuant
             to paragraphs (b)  (4) (i),  (b)  (5)  (i), or  (b)  (6)  (i)
             and  (iii) of  this  section, the  Administrator may  impose
             reasonable  conditions on an  approval  related to the  air
             quality  aspects  of the proposed indirect source so that
             such  source,  if  constructed  or  modified in accordance
             with  such conditions, could  meet the  tests set  forth
             pursuant  to paragraphs (b)  (4)  (i), (b) (5)  (i),  or  (b)
             (6)  (i)  and (iii)  of  this section.  Such conditions  may
             include,  but  not be limited  to:

             (a)   Binding  commitments to  roadway improvements  or  ad-
                  ditional mass transit  facilities to serve  the  in-
                  direct source secured  by  the owner or operator  from
                  governmental  agencies having jurisdiction  thereof;

             (b)   Binding  commitments by  the owner or operator to
                  specific programs for mass transit incentives  for
                  employees and patrons  of  the source;  and


                             -93-

-------
              (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) (11) 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.
                              -94-

-------
(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)
                              -95-

-------
(17.0)        52.1929  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  En-
                          vironmental 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 Federal
                          Government which  administers federally-owned  land, including
                          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
                          possessing 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
                          reference 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 Indian Reservations located in such State.  The provisions
                          of this paragraoh do not apply in those counties or other  func-
                          tionally equivalent areas  that pervasively exceeded any na-
                          tional  ambient air quality standards  during 1974 for sulfur
                          dioxide or particulate 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  dur-
                          ing 1974 and therefore are exempt from the requirements of this
                          paragraph.
                                               -96-

-------
(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  arithmetic mean	      2            15
             24-hr maximum	      5           100
             3-hr maximum	     25           700


    (ii)    For purposes of this paragraph, areas designated as
           Class III shall be limited to concentrations of 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 Managers, 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
                           -97-

-------
       (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

       (c)   A discussion of the reasons for the proposed  re-
            designation is available for public inspection at
            least 30 days  prior to  the  hearing  and  the  notice
            announcing the hearing  contains appropriate notifi-
            cation 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
            consideration  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 re-
            designation 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
            covered 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 undsr paragraph
            (c)  (3)  (ii)  aad,
                      -98-

-------
       (b)   Such redesignation is proposed after consultation
            with the State(s)  in which the Federal  Land is
            located 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
       under other laws.  Where a State has not assumed juris-
       diction over an Indian Reservation the appropriate
       Indian 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 approval
            of the Secretary of the Interior.

(vi)   The Administrator shall approve, within 90 days, any re-
       designation proposed pursuant to this subparagraph as
       fol1ows:

       (a)   Any redesignation proposed pursuant to subdivisions
            (ii) and (iii) of this subparagraph shall be approved
            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 delegation
            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 subdivis-
            ion (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.
                     -99-

-------
      (c)  Any redesignation submitted pursuant to subdivision
           (v) of this subparagraph shall be approved unless
           he determines  (1)  that the requirements of subdivis-
           ion (v) of this subparagraph have not been complied
           with, or (2)   that the Indian Governing Body has
           arbitrarily and capriciously disregarded relevant
           considerations set forth in subparagraph (3) (ii)  (d)
           of this paragraph.

      (d)  Any redesignation proposed pursuant to this paragraph
           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 proposing
           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  pro-
           testing 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 pro-
           posed to be redesignated;  the social, environmental
           and economic  effects  of such redesignation upon  the
           area being redesignated and upon other areas and
           States;  and  any  impacts upon regional or national
           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 re-
           quired enforcement action  in cases where  the  State
           does not have adequate  legal authority to  initiate
           such actions.  The Administrator may waive  the  re-
           quirements of paragraph  (c)  (3)  (vi)  (a)  (3)  if the
           State  Attorney-General  has determined  that  the  State
           cannot accept delegation of  the  administrative/
           technical  functions.

(vii)   If the Administrator  disapproves  any  proposed  area
       designation under  this subparagraph,  the  State,  Federal
       Land Manager  or Indian Governing  Body,  as appropriate,
      may resubmit  the  proposal  after correcting  the deficiencies
       noted  by the  Administrator or  reconsidering any  area
       designation determined by  the Administrator to be  arbi-
       trary  and capricious.
                    -100-

-------
(d)  Review of new sources.

     (1)         The provisions of this paragraph have been incorporated
                by reference 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 identified below which has
                not commenced construction or modification prior to June
                1, 1975 except as specifically provided below.  A source
                which is modified, but does not increase the amount of
                sulfur oxides or particulate matter emitted, or is mod-
                ified 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
                million B:T.U. per hour heat input.

         (ii)   Coal Cleaning Plants.

         (111)  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.
                             -101-

-------
    (xviii)  Fuel  Conversion  Plants.

    (xix)    Ferroalloy production facilities  commencing  construction
            after October 5, 1975.

(2)          No owner or operator shall  commence construction  or mod-
            ification of a source subject to  this  paragraph unless
            the Administrator determines  that,  on  the basis of in-
            formation submitted pursuant  to subparagraph (3)  of this
            paragraph:

    (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 Jan-
            uary 1, 1975, of other sources in the  areas  affected by
            the proposed source shall include all  new and modified
            sources granted approval 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 commercial, residential,  industrial,
            and other sources of emissions growth  not exempted by
            paragraph (c) (2) (iii)  of this section which has oc-
            curred 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 re-
            duction 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 Administrator determines  that technological or
            economic limitations on the application of measurement
            methodology to a particular class of sources would make
            the imposition of an emission standard infeasible, he
            may instead prescribe a design or equipment standard
            requiring the application of best available control
            technology.  Such standard shall  to the degree possible
            set forth the emission reductions achievable by imple-
            mentation of such design or equipment, and shall pro-
            vide for compliance by means which achieve equivalent
            results.
                        -102-

-------
    (iii)    With respect to modified sources,  the requirements of
            subparagraph (2) (ii)  of this paragraph shall  be applic-
            able 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 show-
            ing the design of the  source;  information necessary
            to determine the impact that the construction or modifi-
            cation 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 Admin-
            istrator, the owner or operator of the source shall
            provide information on the nature  and extent of general
            commercial, residential, industrial, and other growth
            which has occurred in  the area affected by the source's
            emissions (such area to be specified by the Administra-
            tor) 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 pro-
            cedures 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),
            review by the Administrator conducted pursuant to this
            paragraph shall be coordinated with the broad environ-
            mental reviews under that Act, to the maximum extent
            feasible and reasonable.
                       -103-

-------
     (5)          Where an owner or operator has  applied for permission
                 to construct or modify pursuant to this paragraph  ar.d
                 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 consideration),  approval
                 shall not be granted until the  Administrator 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
                 deficiency 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 paragraph (e) (1) (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 source
                      should be approved,  approved with conditions, or
                      disapproved.

                 (b)  Make available in at least one location in each
                      region in which the proposed source would be con-
                      structed, 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 Admin-
                      istrator in making 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 information submitted by the owner or operator
                      and the Administrator's preliminary determination
                      on the approvability of the source.
                            -104-

-------
    (iii)   A copy of the notice required pursuant to this sub-
           paragraph shall be sent to the applicant and to
           officials and agencies having cognizance over the
           locations where the source will be situated as fol-
           lows:  State and local air pollution control agencies,
           the chief executive of the city and county;  any
           comprehensive regional land  use planning agency;  and
           any State,  Federal Land Manager or Indian Governing
           Body whose  lands will be significantly affected by the
           source's emissions.

    (iv)    Public conments submitted in writing within 30 days
           after the date such information is made available shall
           be considered 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
           source would be located.

    (v)     The Administrator shall take final action on an appli-
           cation 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 located.

    (vi)    The Administrator may extend each of the time periods
           specified in paragraph  (e)  (1)  (ii),  (iv), or  (v) of
           this section by no more than 30 days or such other
           period as agreed to by the applicant and the Admin-
           istrator.

(2)         Any owner or operator who constructs, modifies, or
           operates a  stationary source not  in  accordance with
           the application, as approved and  conditioned by the
           Administrator, or any owner  or operator of a stationary
           source subject to this paragraph  who commences con-
           struction 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.
                      -105-

-------
     (3)          Approval  to  construct or modify shall  become  invalid
                 if construction or expansion is not commenced within
                 18 months after receipt of such approval  or if con-
                 struction is discontinued for a period of 18  months or
                 more.   The Administrator may extend such  time period
                 upon a satisfactory showing that an extension is justi-
                 fied.

     (4)          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.

(f)   Delegation of authority.

     (1)          The Administrator shall have the authority to delegate
                 responsibility for implementing the procedures for con-
                 ducting source review pursuant to paragraphs  (d) and
                 (e), in accordance with subparagraphs  (2), (3), and
                 (4) of this  paragraph.

     (2)          Where the Administrator delegates the  responsibility
                 for implementing 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
                 control agency, such agency shall consult with the
                 appropriate  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 responsi-
                 bilities for managing land use, such agency shall con-
                 sult with the appropriate State and local agency which
                 is primarily responsible for managing land use prior
                 to making any determination required 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.
                           -106-

-------
(3)          In accordance with Executive Order 11752,  the Admin-
            istrator'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 lo-
            cated on Federal lands;   except that, with respect to
            the latter category, where new or modified sources are
            constructed or operated on Federal lands pursuant to
            leasing or other Federal agreements, the Federal  land
            Manager may at his discretion, to the extent permis-
            sible under applicable 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 pro-
            cedures for conducting source review pursuant to this
            section shall not be redelegated, other than to a
            regional office of the Environmental Protection Agency,
            for new or modified sources which are located on In-
            dian reservations except where the State has assumed
            jurisdiction over such land under other laws, in which
            case the Administrator may delegate his authority to
            the States in accordance with subparagraphs (2),  (3),
            and (4) of this paragraph.
                      -107-

-------
(51.16)  52.1931   Petroleum Storage Tank Controls

              (a)  Notwithstanding any provisions to the contrary in the Oklahoma
                   implementation plan, the petroleum storage tanks listed in  par-
                   agraphs (b) through (e)  of this section shall  be subject to
                   the requirements of 15.211 of the Oklahoma Air Pollution Control
                   Regulations and to the monitoring, inspection, reporting, and
                   other procedural requirements of the Oklahoma  implementation
                   plan and the Clean Air Act.   The owner or operator of each
                   affected facility shall  secure compliance with 15.211 in
                   accordance with the schedule set forth below.

              (b)  Tanks 121  and 122 for crude oil storage at the Sun Oil  Company
                   refinery at Duncan, Oklahoma, shall  be in compliance with
                   15.211  no later than August 1, 1979.

              (c)  Tanks 118 and 119 for gasoline storage at the  Apco Oil  Corporation
                   refinery at Cyril, Oklahoma, shall be in compliance with 15.211
                   no later than February 1, 1979.

              (d)  Tank 286 for crude oil storage at the Continental Pipe Line Company
                   property in Oklahoma County, Oklahoma (Section 32-12N-2W) shall
                   be in compliance with 15.211 no later than February 1, 1979.

              (e)  The three 80,000 barrel  capacity crude oil storage tanks at the
                   Champ!in Petroleum Company, Noble Station, 13th and Bryan Streets,
                   Oklahoma City, Oklahoma, shall be in compliance with 15.211 no
                   later than September 1,  1979.

              (f)  Action  on the part of Sun Oil Company, Apco Oil Corporation, Con-
                   tinental Pipe Line Company and Champlin Petroleum Company of
                   controlling hydrocarbon emissions creditable as offsets for
                   General Motors Corporation, Oklahoma City, Oklahoma, in no way,
                   relieves these companies from meeting all requirements under
                   the Oklahoma Air Quality Implementation Plan or under the
                   Federal Clean Air Act as amended.
                                          -108-

-------