V
                                      U.S. DEPARTMENT OF COMMERCE
                                      National Technical Information Service

                                      PB-290 249
   Air Pollution  Regulations  in  State
   Implementation Plans:  Alabama
   Abcor Inc, Wilmington, MA  Walden Div
   Prepared for

   Environmental Protection Agency, Research Triangle Park, NC


   Aug 78

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                              PB  290249
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-050
August 1978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Alabama
        REPRODUCED BY

       NATIONAL TECHNICAL

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

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-050
                                                           3. RECIPIENT'S ACCESSION'NO.
4. TITLE AND SUBTITLE
Air Pollution  Regulations in State  Implementation i
Plans: Alabama
                                                           5. REPORT DATE
                                                             August 1978
                                                           6. PERFORMING ORGANIZATION CODE
                                                             P6
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 RF.PORT 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 Quality  regulations
  which have not been Federally approved as of January  1, 1978, are not included here;
  omission of these  regulations from this document  in no  way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
                                              b. 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	
                                              20. SECURITY CLASS (This page)

                                                Unclassified    	
21


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

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                                  EPA-450/3-78-050
    Air Pollution  Regulations
in  State Implementation Plans
                  Alabama
                       by

                 Walden Division of Abcor, Inc.
                 Wilmington, Massachusetts
                  Contract No. 68-02-2890
                 EPA Project Officer: Bob Schell
                     Prepared for

            U.S. ENVIRONMENTAL PROTECTION AGENCY
                Office of Air, Noise, and Radiation
             Office of Air Quality Planning and Standards
            Research Triangle Park, North Carolina 27711

                     August 1978  •
                             I'fl

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass.  01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency.  Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                    Publication No. EPA-450/3-78-050
                                  11

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                             INTRODUCTION
     This document has been produced in compliance with Section T10(h)(1)
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
         and the Federally promulgated regulations for they State, as
indi cited in the Federal Register.  Regulations which fall into one of
the aboveNcategories as of January 1, 1978, have been incorporated.  As
mandated byN
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA.  Finally, a brief description
or reference of the regulation which was submitted is also included.

     This document is not intended to provide a tool for determining
the enforceability of any given regulation.  As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations.  Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the'
enforceability of the regulation.  Similarly, the inclusion of a given
regulation (for. example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
                                    IV

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                             SUMMARY SHEET
                                  OF
                   EPA-APPROVED REGULATION CHANGES

                                ALABAMA
Subtirittal Date

    2/15/73



    9/26/73

    10/31/73
    5/27/74




    6/20/74



    6/4/75

    7/25/75


    5/1/75


    10/9/75



    4/23/76
Approval Date

   4/23/74



   2/25/74

   8/8/74
   5/8/75




   8/28/75



   5/11/76

   5/27/76


   9/28/76


   9/28/76



   12/21/76
Description

Chap. 3, 4, 5, 9
(State) Note; This
submittal was missing

Chapter 10

Chapter 5
Note: Old Std. still
applies for Widows
Creek Power Plant in
Jackson Co. (5.1)

Primary AL Plants
Part 4.10 Redefine
Solid Participate
Matter 1.2.1

Coke oven Part 4.9
Note: 4.9 Note: 4.9.4
not acted on yet

Portland Cement

SO? Sulfuric Acid
Plants

Fuel Comb. S0? Note:
Submittal was~missing

Classify Counties
Note: Submittal was
missing

Emergency Episode
Note: Submittal was
missing

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Submittal  Date              Approval  Date        Description
    7/21/76                    10/19/77          S02 Chapter 5
    10/28/76                   9/2/77            New Source Part.
                                                 Standards  Chapter  12
                          FEDERAL  REGULATIONS
    Section Number                       Description
    52.56                                 Review  of  New  Sources  and
                                         Modifications
    52.56  (b)                             Regulation Providing  for
                                         Public  Comment
    52.60                                 Prevention of  Significant
                                         Deterioration
                                 VI

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                         DOCUMENTATION OF CURRENT ERA-APPROVED
                            STATE AIR POLLUTION REGULATIONS
                            REVISED STANDARD SUBJECT INDEX
 l.i    DEFINITIONS
 2.0    GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0    REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
 4.0    AIR QUALITY^ANDARDS (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
 5.0    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
                                           VII

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (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
                                          VIII

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                                TABLE  OF CONTENTS
Revised Standard
 Subject Index
       (2.0)
       (2.0)
       (1.0)
       (2.0)
      (14.0)

       (2.0)

       (4.0)
(9.0) (13.0)
       (9.0)
       (6.0)
(7.0) (13.0)

       (2.0)
       (3.0)
       (5.0)
       (2.0)
       (2.0)
       (8.0)
       (8.0)
       (8.0)
Section
Number
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
Chapter 2
2.1
2.2
STATE REGULATIONS
Title
General Provisions
Structure and Numbering of Rules
and Regulations
Definitions
Organization
Availability of Records and
Information
Employee Responsibilities and
Conduct
Ambient Air Quality Standards
Monitoring, Records, Reporting
Sampling and Testing Methods
Compliance Schedule
Maintenance and Malfunctioning of
Equipment; Reporting
Prohibition of Air Pollution
Permits
Variances
Circumvention
Severability
Air Pollution Emergency
Air Pollution Emergency
Episode Criteria
Page
1
1
2
7
8
9
12
13
13
14
15
16
16
22
24
24
25
25
25
                                      IX

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Revised Standard
Section
Subject Index
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(51.9) (51.13)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
(51.5)
(50.1.1)
(50.1.1)
(51.1)
(51.2)
(51.17)
(51.3)
(50.2)
Number
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6
4.9
4.10
4.11
Chapter 5
Title
Special Episode Criteria
Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plans for
Local Episodes
Emission Reduction Plans for
Other Sources
Other Authority Not Affected
Control of Open Burning and
Incineration
•
Open Burning
Incinerators
Wood Products and By-Products
Incineration
Control of Particulate Emissions
Visible Emissions
Fugitive Dust
Fuel Burning Equipment
Process Industries - General
Small Foundry Cupola
Cotton Gins
Coke Ovens
Primary Aluminum Plants
Cement Plants
Control of Sulfur Compound
Page
29
30
30
30
31
31
32
33
33
33
34
35
35
36
36
38
39
40
41
43
43
45
                                       Emissions

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Revised Standard
 Subject Index
      (51.6)
     (51.18)
     (51-15)
     (51.21)"
      (50.4)
     (51.16)

     (51.16)

     (51.16)
Section
Number
   5.1
   5.2
   5.3
   5.5
Chapter 6
   6.1

   6.2

   6.3
(51.16)
(51.21)
(50.4)
(51.21)
(2.0)
(50.5)
(50.3)
(51.7)
(51.10)
(10.0)
(3.0)
(10.0)
6.4
6.5
6.6
6.7
6.8
Chapter 7
Chapter 8
8.1
8.2 '
Chapter 10
10.1
Chapter 12
      Title                       Page
Fuel  Combustion                     45
Sulfuric Acid Plants                47
Petroleum Production                47
Process Industries - General        49
Control of Hydrocarbon Emissions    50
Storage of Volatile Organic         50
Materials
Volatile Organic Materials Loading  50
Facilities
Volatile Organic Compound Water     51
Separation
Pumps and Compressors               52
Waste Gas Disposal                  52
Organic Solvents                    52
Disposal and Evaporation of         55
Solvents
Application of Chapter              55
Control of Carbon Monoxide          56
Emissions
Control of Nitrogen Oxides          57
Emissions
New Combustion Sources              57
Nitric Acid Manufacturing           57
Control of Complex  Sources          59
Permit Required                     59
Standards of Performance  for New    61
Stationary Sources
                                     XI

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Revised Standard
 Subject Index
       (2.0)
      (10.0)
       (2.0)
       (9.0)

       (1.0)
(9.0) (13.0)

       (7.0)
(9.0) (13.0)

       (2.0)
Section
Number
  12.1
  12.2
  12.3
Chapter 14

  14.1
  14.2

  14.3
  14.4

  14.5
        Title
General
Designated Standards of
Performance
Word or Phrase Substitutions
Continuous Monitoring - Require-
ments for Existing Sources
Definitions
Emission Monitoring and Reporting
Requirements
Monitoring System Malfunction
Page
  61
  61

  63
  64

  64
  64

  66
Alternate Monitoring and Reporting  66
Requirements
Exemptions and Extensions
  67
                                City of Huntsvilie
(2.0)
(2.0)
(2.0)
0.0)
(16.0)
(14.0)
(4.0)
(9.0)
(9.0) (13.0)
Chapter 1
1.1
1.2
1.3
1.5
1.6
1.7
1.8
1.9
                                       General  Provisions                   70
                                       Declaration of Policy and Purpose   70
                                       Structure and Numbering of Rules    70
                                       and Regulations
                                       Definitions                         71
                                       Powers and Duties of the Air        77
                                       Pollution Control Board
                                       Availability of Records and         77
                                       Information
                                       Ambient Air Quality Standards       79
                                       Inspections                         79
                                       Monitoring, Records, Reporting      80
                                        XII

-------
Revised Standard
Section
Subject Index
(9.0)
(6.0)
(7.0) (13.0)
(2.0).
(15.0)
(2.0)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
O'.O)
(3.0)
(2.0)
(3.0)
Number
1.10
1.11
1.12
1.13
1.14
1.15
1.16
Chapter 2
2.1
2.2
2.3
2.4 .
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
                                               Title                     Page
                                       Sampling and Testing Methods        81
                                       Compliance Schedule                 82
                                       Maintenance and Malfunctions of     83
                                       Equipment, Reporting
                                       Prohibition of Air Pollution        84
                                       Penalties and Citations             84
                                       Circumvention                       86
                                       Severability                        86
                                       Air Pollution Emergency             87
                                       Air Pollution Emergency             87
                                       Episode Criteria                    87
                                       Sepcial Episode Criteria            91
                                       Emission Reduction Plans            92
                                       Emission Reduction Plans for Two    92
                                       Contaminants
                                       Emission Reduction Plans for        92
                                       General Episodes
                                       Emission Reduction Plans for        93
                                       Local Episodes
                                       Emission Reduction Plans for        93
                                       Other Sources
                                       Emergency Procedure                 96
                                       Permi ts                             96
                                       Permits Required                    96
                                       Exemptions                          97
                                       Transfer                            97
                                      XIII

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Revised Standard
Section
Subject Index
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(3.0)
(2.0)
(5.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(51.9) (51.13)
(c-\ TJ\
^ o j . toy
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
Number
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
Chapter 4
4.1
4.2
4.3
4.4
4.5
Chapter 5
51
. i
5.2
5.3
Chapter 6
5.1
6.2
Title
Applications
Cancellation of Applications
Action of Application
Provisions of Sampling and
Testing Facilities
Standards for Granting Permits
Conditional Approval
Temporary Permit to Operate
Denial of Application
Appeals
Variances
Granting of Variances
Petition Procedures
Failure to Comply with Procedures
Objection Procedures
Rules of Evidence at Hearing
Control of Open Burning and
Incineration
Incinerator Design and Operation
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Parti cul ate Emissions
Visible Emissions
Fugitive Dust
Page
97
97
98
98
98
99
100
101
101
102
102
103
104
104
105
106
IDfi
1 wU
107
108
no
no
no
                                       XIV

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Revised Standard
Section
Subject Index
(51.5)
(50.1.1)
(51.21)
(51.1)
(50.6)
(51.14)
(51.20)
(51.2)
(50.2)
(51.6)
(51.18)
(51.19)
(51.14)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(50.4)
(51.21)
Number
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
Chapter 7
7.1
7.2
7.3 ,
7.4
Chapter 8
8.1
8.2
8.3
8.4
8.5
8.6
8.7
                                               Title                      Page
                                       Fuel  Burning Equipment              111
                                       Process  Industries  -  General        112
                                       Small  Foundry  Cupola                113
                                       Cotton Gins                         114
                                       Regulation or  Odors in  the          115
                                       Ambient Air
                                       Kraft Pulp Mills                    115
                                       Wood Waste Boilers                  116
                                       Coke Ovens                         117
                                       Control  of Sulfur Compound          119
                                       Emissions
                                       Fuel Combustion                    119
                                       Sulfuric Acid  Plants                119
                                       Sulfur Recovery Plants              119
                                       Kraft Pulp Mills                    119
                                       Control  of Hydrocarbon  Emissions   121
                                       Storage of Volatile Organic        121
                                       Materials
                                       Volatile Organic Materials  Loading 122
                                       Facilities
                                       Volatile Organic Compound Water    122
                                       Separation
                                       Pumps and Compressors              123
                                       Waste Gas Disposal                 123
                                       Organic Solvents                   123
                                       Disposal and Evaporation of        126
                                       Solvents
                                     XV

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Revised Standard
Section
Subject Index
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
(12.0) (50.1.2)
(12.0)
(12.0)
(12.0)
(12.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
Number
Chapter 9
Chapter 10
10.1
10.2
Chapter 11
11.1
11.2
11.3
11.4
11.5
11.6
11.7
Jefferson
Chapter 1
1.1
1.2
1.3
1-4
1.5
Title
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
•New Combustion Sources
Nitric Acid Manufacturing
Control of Emissions from
Motor Vehicles
Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine Speed
Crankcase Ventilation Systems
Exhaust Emission Control Systems
Evaporative Loss Control Systems
Other Prohibited Acts
Effective Date
County Board of Health
General Provisions
Declaration of Policy and Purpose
Structure and Numbering of Rules
and Regulations
Definitions
Air Pollution Control Program
Powers and Duties of the Health
Page
127
128
128
128
129
129
129
129
130
131
131
132
134
134
134
135
140
140
      (14.0)
   1.6
Officer

Availability of Records  and
Information
142
                                        XVI

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Revised Standard
Section
Subject Index
(4.0)
(15.0)
(9.0) (13.0)
(9.0)
(6.0)
(7.0) (13.0)
(2.0)
(15.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2..0)
(3.0)
(3.0)
(3.0)
(3.0)
(9.0)
(3.0)
(3.0)
(3.0)
(5.0)
(5.0)
Number
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
Chapter 3
3.1
                                               Title                     Page
                                       Ambient  Air  Quality  Standards       143
                                       Inspections                         144
                                       Monitoring;  Records;  Reporting      144
                                       Sampling and Testing Methods        145
                                       Compliance Schedule                 146
                                       Maintenance  and  Malfunctioning      147
                                       of Equipment;  Reporting
                                       Prohibition  of Air Pollution        148
                                       Penalties and  Citations             148
                                       Circumvention                       149
                                       Severability                       150
                                       Permits                             151
                                       Permits  Required                   151
                                       Exemptions                          152
                                       Transfer                           152
                                       Applications                       152
                                       Cancellation of  Applications        152
                                       Action on Applications              152
                                       Provision of Sampling and Testing  153
                                       Faci 1 i ti es
                                       Standards for  Granting  Permits      153
                                       Conditional  Permit                 154
                                       Temporary Permit to  Operate        155
                                       Variances                          157
                                       Granting of Variances              157
                                      XVII

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Revised Standard
Section
Subject Index
(2.0)
(2.0)
(2.0)
(16.0) •
(8.0)
(8.0)
(2.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(51.9) (51.11)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
Number
3.2
3.3
3.4
3.5
Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
Chapter 5
5.1
5.2
5.3
Chapter 6
6.1
6.2
Title
Petition Procedures
Failure to Comply with Rules
Objection Procedures
Rules of Evidence of Hearing
Air Pollution Emergency
Air Pollution Emergency
Powers and Duties of the Health
Officer
Episode Criteria
Special Episode Criteria
Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plan for
Local Episodes
Emission Reduction Plans for
Other Sources
Control of Open Burning and
Incineration
Open Burning
Incinerators
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Particulate Emissions
Visible Emissions
Fugitive Dust
Page
158
159
159
160
161
161
161
162
166
167
167
167
167
168
169
169
169
170
172
172
172
                                       XVIII

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Revised Standard
Section
Subject Index
(51.5)
(50.1.1)
(51.21)
(51.1)
(51.14)
(51.20)
(51.2)
(50.2)
(51.6)
(51.18)
(51.19)
(51.14)
(50.4)
(51.16)
(51.16)
(51.16)
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
Number
6.2
6.4
6.5
6.6
6.7
6.8
6.9
Chpater 7
7.1
7.2
7.2
7.4
Chapter 8
3.1
8.2
' C.3
Chapter 9
Chapter 10
10.1
10.2
Chapter 11
        Title                     Page

Fuel  Burning Equipment             173
Process Industries - General        174
Small Foundry Cupola               175
Cotton Gins                        176
Kraft Pulp Mills                   177
Wood Waste Boilers                 178
Coke Ovens                         178
Control of Sulfur Compound         180
Emissions
Fuel Combustion                    180
Sulfuric Acid Plants               181
Sulfur Recovery Plants             181
Kraft Pulp Mills                   181
Control of Hydrocarbon Emissions   182
Storage of Volatile Organic        182
Materials
Volatile Organic Materials Load-   182
ing  Facilities
Volatile Organic Compound Water    183
Separation
Control of Carbon Monoxide         185
Emissions
Control of Nitrogen Oxides         186
Emissions
New  Combustion  Sources             186
Nitric Acid  Manufacturing          186
Control of Emissions  From          187
Motor  Vehicles
                                        XIX

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   Revised  Standard
    Subject Index

(50.1.2)  (12.0)
         (12.0)

         (12.0)

         (12.0)

         (12.0)

          (2.0)

          (2.0)
          (2.0)

          (2.0)


          (2.0)


          (1.0)

          (2.0)

          (2.0)


         (14.0)


          (4.0)

          (9.0)

   (9.0) (13.0)

          (9.0)

          (6.0)
Section
Number
11.1
11.2
11.3
11.4
11.5
11.6
11.7
Mobile County
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
Title
Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine .Speed
Crankcase Ventilation Systems
Exhaust Emission Control System
Evaporative Loss Control Systems
Other Prohibited Acts
Effective Date
Board of Health
General Provisions
Declaration of Policy and
Purposes
Structure and Numbering of Rules
and Regulations
Definitions
Air Pollution Control Program
Powers and Duties of the Mobile
County Board of Health
Availability of Records and
Information
Ambient Air Quality Standards
Inspections
Monitoring, Records, Reporting
Sampling and Testing Methods
Compliance Schedule
Page
187
187
187
188
189
189
189
191
191
191
192
200
200
202
204
204
205
205
206
                                           XX

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Revised Standard
Section
Title
Page
Subject Index
(7.0) (13.0)
(2.0)
(15.0)
(2.0)
(2.0)
(8.0)
(8.0)
(2.0)
'(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(8.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
Number
1.12
1.13
1.14
1.15
. 1.16
Chapter 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Chapter 3
3.1
3.2
3.3
3.4
3.5
3.6
Maintenance and Ma If unction ing
of Equipment; Reporting
Prohibition of Air Pollution
Penalties and Citations
Circumvention
Severabi lity
Air Pollution Emergency
Air Pollution Emergency
Powers and Duties of the Health
Officer
Episode Criteria
Special Episode Criteria
• Emission Reduction Plans
Two Contaminant Episode
General Episodes
Emission Reduction Plan for
Local Episodes
Emission Reduction Plans for
Other Sources
Permits
Permits Required
Exemptions
Transfer
Applications
Cancellation of Applications
Action on Application
207
208
208
210
210
211
211
211
212
216
217
217
217
218
218
220
220
221
221
221
221
221
                                    XXI

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Revised Standard
Section
Title
Subject Index
(9.0)
(3.0)
(3.0)
(3.0)
(.30)
(2.0)
(3.0)
(5.0)
(5.0)
(2.0)
(2.0)
(2.0)
(16.0)
(51.9) (51.13)
(51.13)
(51.9)
(51.9)
(50.1)
(50.1.2)
(50.1)
(51.5)
(50.1.1)
Number
3.7
3.3
3.9
3.10
3.11
3.12
3.13
Chapter 4
4.1
4.2
4.3
4.4
4.5
Chapter 5
5.1
5.2
5.3
Chapter 6
6.1
6.2
6.3
6.4
Provision of Sampling and Test-
ing Facilities
Standards for Granting Permits
Conditional Permit
Temporary Permit to Operate
Denial of Application
Appeals
—
Variances
Granting of Variances
Petition Procedures
Failure to Comply with Rules
Objection Procedures
Rules and Evidence at Hearing
Control of Open Burning and
Incineration
Open Burning
Incinerators
Incineration of Wood, Peanut and
Cotton Ginning Wastes
Control of Parti culate Emissions
Visible Emissions •
Fugitive Dust
Fuel Burning Equipment
Process Industries - General
222
222
223
225
225
226
226
227
227
228
229
230
230
232
232
233
233
235
235
235
236
237
                                       XXII

-------
Revised Standard
Section
Subject Index
(51.21)
(51.14)
(51.20)
(50.2)
(51.6)
(51.18)
(51.19)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(51.21)
(50.4)
(51.21)
(50.5)
(50.3)
(51.7)
(51.10)
(12.0)
Number
6.5
6.6
6.7
Chapter 7
7.1
7.2
7.3
Chapter 8
8.1
3.2
8.3
3.4
8.5
8.6
8.7
Chaoter 9
Chapter 10
10.1
10.2
Chapter 11
        Title                     Page

Small Foundry Cupola               238
Kraft Pulp Mills                   240
Wood Waste Boilers                 240
Control of Sulfur Compound         242
Emissions
Fuel Combustion                    242
Sulfuric Acid Plants               242
Sulfur Recovery Plants             242
Control of Hydrocarbon Emissions   244
Storage of Volatile Organic        244
Materials
Volatile Organic Materials Load-   245
ing Facilities
Volatile Organic Compound Water    245
Separation
Pumps and Compressors              246
Waste Gas Disposal                 246
Organic Solvents                   246
Disposal and Evaporation of        249
Solvents
Control of Carbon Monoxide         250
Emissions
Control of Nitrogen Oxides         251
Emissions
New  Combustion  Sources             251
Nitric Acid Manufacturing          251
Control of Emissions  from Motor    252
Vehicles
                                       XXIII

-------
   Revised Standard
    Subject Index
(12.0)  (50.1.2)
         (12.0)

         (12.0)
         (12.0)
         (12.0)
         (12.0)
          (2.0)
         (10.0)

         (17.0)
    Section
    Number
       11.1

       11.2

       11.3
      .11.4
       11.5
       11.6
       11.7
        Title

Visible Emission Restrictions
for Motor Vehicles
Ignition System and Engine
Speed
Crankcase Ventilation Systems
Exhaust Emission Control  Systems
Evaporative Loss Control  Systems
Other Prohibited Acts
Effective Date
Federally Promulgated Regulations
      (52.56)
Review of New Source and
Modification
Page

 252

 252

 253
 253
 254
 254
 255
 257
      (52.60)
Prevention of Significant Deter-   258
ioration
                                           XXIV

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(2.0)
    CHAPTER 1

GENERAL PROVISIONS
(2.0)  1.1   Structure and Numbering of Rules  and Regulations

       1.1.1   Title and Scope

       The  provisions contained in these rules and regulations  shall  be known
       and  may be cited as the Alabama Air Pollution Control  Rules  and
       Regulations, and shall apply to all  activities and all  persons in the
       State of Alabama, including Federal  activities.

       1.1.2  Chapters

       The  normal division of these rules and regulations are chapters, which
       should encompass a broad subject matter.  Chapters are numbered
       consecutively in Arabic throughout the rules and regulations.

       1.1.3  Parts

       The  normal division of chapters are parts.  A part should be devoted
       to a specific subject matter within a  chapter.  Parts  are numbered
       consecutively in Arabic throughout each chapter and shall include the
       number of the chapter set off by a decimal point.  Thus, the part
       number for part 15 within Chapter 3 is 3.15.

       1.1.4  Sections

       The  normal divisions of parts are sections.  The section is  the basic
       unit of these rules and regulations.  Sections are numbered  consecutively
       in Arabic throughout each part and shall include the numbers of the part
       set  off by a decimal point.  Thus, the section number for section 26
       of Part 3.15 is 3.15.26.

       1.1.5  Internal Division of Sections

       Whenever internal divisions are necessary, sections shall be subdivided
       into paragraphs, paragraphs into subparagraphs,  and subparagraphs into
       subdivisions, designated as follows:
           Terminology

           Paragraph
           Subparagraph
           Subdivision
                  Illustrative symbol

                         (a)
                         (1)
                         (1)
                                          -1-

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        1.1.6  Promulgation Procedure

        All  requirements  and provisions  subject to  inclusion  in  these  rules
        and  regulations  shall  be drafted as  amendments  to  the Alabama  Air
        Pollution Control  Rules  and Regulations and prepared  in  accordance
        the  provisions of this part and  with,  insofar as  it applies  and  does
        not  conflict with this part, the provisions of  Part 17 of  Title  1 of
        the  Code of Federal Regulations, as  the same may  be amended  or revised.

        1.1.7  Relation  Back of Amendments
        Whenever any provision of an amendment relates,  either directly  or
        indirectly,  to an already applicable rule or regulation set  forth  herein,
        the amendment relates back to the date of initial  adoption or promul-
        gation of such rule or regulation, unless such  amendment or  the  promul-
        gating statement clearly evidence otherwise.

(1.0)    T_._2  Definitions

        1.2.1   Meaning of Terms

        As used in these rules and regulations, terms shall  have the meanings
        ascribed in this part.

        "Act"  shall  mean the Alabama Air Pollution Control  Act of 1971,  Act
        No. 769, Regular Session, 1971.

        "Air Contaminant" shall mean any solid, liquid,  or gaseous matter,
        any odor, or any combination thereof from whatever  source.

        "Air Pollution" shall mean the presence in the outdoor atmosphere  of one
        or more air contaminants in such quantities and duration as  are, or
        tend to be,  injurious to human health or welfare,  animal or  plant  life,
        or property, or would interfere with the enjoyment of life or property
        throughout the State and in such territories of the State as shall
        be affected thereby.

        "Air Pollution Emergency" shall  mean a situation in which meteorological
        conditions and/or contaminant levels in the ambient air reach or exceed
        the levels which may cause imminent and substantial  endangerment to
        health.

        "Air Quality Control Region" shall mean jurisdictional areas designated
        at Part 81 of Title 40 of the Code of Federal Regulations.

        "Chairman" shall mean the Chairman, or in his absence, the Vice  Chairman,
        of the Commission.
                                            -2-

-------
"Commission" shall mean the "Air Pollution Control  Commission of the
State of Alabama" established by the Act.

"Commenced" shall mean that an owner or operator has undertaken a
continuous program of construction or modification or than an owner
or operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time, a contin-
uous program of construction or modification.

"Complex Source"  shall mean any facility, building structure, installation
or combination thereof which causes emissions to be generated through
associated mobile source activity.

"Construction" shall mean fabrication, erection, or installation of an
affected facility.

"Control" shall mean any device which has the function of controlling
the emissions from a process, fuel-burning, or refuse-burning device
and thus reduces  the creation of, or the emission of air contaminants
into the atmosphere, or both.

"Control Strategy" shall mean a collection of various emission standards
selected for the different categories of sources.

"Control Regulation" shall mean a legally enforceable emission control
strategy.

"County Classification" shall mean the designation Class 1 County or
Class 2 County.  All facilities, plants or other installations shall
be subject to the restrictions on air pollution emissions specific
to the county classification of the county in which they are located.

    (a)  A "Class 2 County" shall mean a county in which:

         (1) More than 50 percent of the county population resides
             in a non-urban place, as defined by the U. S. Department
             of Commerce Census Bureau for 1970.

         (2) No secondary Nation Ambient Air Quality standard is being
             exceeded based on 1971 air quality measurements.

    (b)  A "Class 1 County" shall mean a county in which the conditions
         of either subparagraph (a)(l) or (a)(2) above or both are not
         met.

"Director" shall mean the Director of the Division of Air Pollution
Control of the Department of Public Health which is established by the
Act.
                                    -3-

-------
"Effluent Water Separator" shall  mean any tank,  box,  sump,  or other
container in which any volatile organic 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" shall mean any source in operation  or on which
construction as commenced on the date of initial adoption of an appli-
cable rule or regulation; except that any existing source which has under-
gone modification after the date of initial  adoption  of an applicable
rule or regulation, shall be reclassified and considered a new source.

"Emission" shall mean a release into the outdoor atmosphere of air
contaminants.

"Employee" shall mean any employee of the Commission  or Division.

"Federal Act" shall mean the Clean Air Act (42  U.S.C.  1856 et seq.) as
last amended, and as may hereafter be amended.

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

"Fugitive Dust" shall mean solid air-borne particulate matter emitted
from any source other than a flue or stack.

"Heat Available" shall mean the aggregate heat  content of all fuels
whose products of combustion pass through a stack or stacks.

"Heat Input" shall mean the equipment manufacturer's  or designer's name-
plate or actual (whichever is greater) capacity of the fuel combustion  unit.

"Incinerator" shall mean any equipment, device  or contrivance and  all
appurtenances thereof used for the destruction  by burning of solid,
semi-solid, liquid, or gaseous combustible wastes.

"Maximum Process Weight Per Hour" shall mean the equipment manufacturer's
or designer's guaranteed maximum (whichever is  greater) process weight
per hour.

"Modification" shall mean any physical change in, or change in the method
of operation of, an affected source which increases the amount of any  air
contaminant (to which a rule or regulation applies) emitted by such
source or which results in the emission of any  air contaminant (to which
a rule or regulation applies not previously emitted,  except that:

    (a) Routine maintenance, repair, and replacement shall not be
        considered physical changes, and
                                      -4-

-------
    (b)  The following shall  not be considered  a  change  in  the  method
         of operation:

         (1) An increase in the production rate;

         (2) An increase in hours of operation;

         (3) Use of an alternative fuel  or raw  material

"New Source" shall mean any source built or installed  on or after the
date of initial adoption of an applicable rule  or regulation and  any
source existing at said stated time which later undergoes modification.
Any source moved to another premise involving a change of location after
the date of initial adoption of an applicable rule or  regulation  shall
be considered a new source.

"Odor" shall mean smells or aromas which are unpleasant to  persons, or
which tend to lessen human food and water intake, interfere with  sleep,
upset appetite, produce irritation of the upper respiratory tract, or
cause symptoms of nausea, or which by their inherent chemical  or  physical
nature, or method of processing, are, or may be,  detrimental or dangerous
to health.  Odor and smell are used interchangeably herein.

"Opacity" shall mean the obscuration to an observer's  view  produced by
smoke of any color that is equivalent to an obscuration by  smoke  of a
shade specified in the Ringelmann Smoke Chart published by  the United
States Bureau of Mines.

"Open Burning" shall mean the burning of any matter in such a manner that
the products of combustion resulting from the burning  are emitted
directly into the ambient air without passing through  an adequate
stack, duct, or chimney.

"Operating Time" shall mean the number of hours per year that a source
conducts operations.

"Owner or operator" shall mean any person who owns, leases, operates,
controls, or supervises an affected facility, article, machine, equip-
ment, other contrivance, or source.

"Particulate Matter" shall mean finely divided  material, except uncom-
bined water which is a liquid or a solid at standard conditions of
temperature at 63°F and pressure at 14.7 pounds per square  inch
absolute.

"Priority Classification" shall mean Air Quality Control Region Pollution
Priority Classifications set forth at Part 52 of Title 40 of the  Code
of Federal Regulations.
                                    -5-

-------
"Process" shall mean any action, operation, or treatment of materials,
including handling and storage thereof, which may cause discharge of
an air contaminant, or contaminants, into the atmosphere, but excluding
fuel burning and refuse burning.

"Process Weight" shall mean the total  weight in pounds of all  materials
introduced into any specific process which may cause any discharge into
the atmosphere.

"Process Weight Per Hour" shall mean the total weight of all  materials
introduced into any specific process that may cause any discharge of
particulate matter.  Solid fuels charged will be considered as part
of the process weight, but liquid and gaseous fuels and combustion
air will not.  For a cyclical  or batch operation, the process weight
per hour will be derived by dividing the total process weight by the
number of hours in one complete operation from the beginning of any
given process to the completion thereof, excluding any time during
which the equipment is idle.  For a continuous operation, the process
weight per hour will be derived by dividing the process weight for a
typical period of time by that time period.

"Refuse" shall mean matter consisting of garbage, rubbish, ashes, street
debris, dead animals, abandoned vehicles, industrial wastes, demolition
wastes, construction wastes, special wastes, or sewage treatment residue.

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

"Smoke" shall mean gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of carbon,
ashes, or other combustible material.

"Soiling Index" shall mean a measure of the soiling properties of
suspended particles in air determined by drawing a measured volume of
air through a known area of Whatman No. 4 filter paper for a measured
period of time, expressed as COHs/1,000 linear feet.

"Source" shall mean any building, structure, facility, installation,
article, machine, equipment, device, or other contrivance which emits or
may emit any air contaminant.   Any activity which utilizes abrasives
or chemicals for cleaning or any other purpose (such as cleaning the
exterior of buildings) which emits air contaminants shall be considered
a source.

"Stack or ducts" shall mean any flue duct, or other contrivance arranged
to conduct emissions to the open air.

"Startup" shall mean the setting in operation of an affected source
                                    -6-

-------
        for any purpose.

        "State" shall  mean the State of Alabama.

        "Submerged Fill  Pipe"  shall  mean any fill  pipe,  the  discharge  opening
        of which is entirely submerged when the liquid  level  is  6  inches
        above the bottom of the tank; or when applied to a tank  which  is  loaded
        from the side, shall mean any fill  pipe,  the discharge opening of which
        is entirely submerged when the liquid level  is  two times the fill  pipe
        diameter, in inches, above the bottom of the tank.

        "Uncombined Water" shall  mean any water droplets or  water  vapor conden-
        sate that does not contain any other solid or liquid particulate
        matter attached to the water droplets.

        "Volatile Organic Compounds" shall  mean any compound containing carbon
        and hydrogen or containing carbon and hydrogen  in combination  with any
        other element which has a vapor pressure of 1.5 pounds per square inch
        absolute or greater under actual storage conditions.

(2.0)   1.3  Organization

        1.3.1  Administration of Division
        The Division of Air Pollution Control  created by Section 4(a)  of the
        Act shall  be a division of the Bureau  of Environmental  Health  of the
        Alabama Department of Public Health and shall be administered  according
        to the direction of the State Health Officer.

        1.3.2  Appointment of the Director

        The Director of the Division shall  be  appointed by the  Commission in
        accordance with the Merit System laws  of this State.  The Director
        shall, at the time of his appointment, meet the qualifications and
        requirements of the Public Health Engineer V, or higher, classification
        as established by the State Personnel  Board, and this shall  have been
        certified by the State Personnel Director.  The Director shall be
        compensated pursuant to a compensation plan approved  by the  State
        Personnel  Board.

        1.3.3  Organization of the Division

        The Director shall divide the Division into appropriate organizational
        units for the purpose of distributing  duties, responsibilities, and
        work among the various personnel of the Division.  Within limits of
        rules and regulations of the State Personnel Board, the Director may
        appoint the heads of the organizational units so created. The creation
        of organizational units and the appointment of unit heads shall be
                                            -7-

-------
        reported to the Commision and shall  be subject to its  approval.

        1.3.4  Division Personnel

        Subject to the State Merit System laws and the limitations  of budget,  the
        Director may employ, in the name of  the Commission,  such  technical,
        administrative and clerical, and other personnel  as  he deems  necessary
        to carry out the purposes and provisions of the Act.   Personnel  actions
        taken by the Director shall be reported to the Commission from time  to
        time.

(14.0)   1.4  Availability of Records and Information

        1.4.1  Public Inspection of Records

        Except as is provided in this part,  any records,  reports  or information
        obtained under the Act, and the official records  of the Commission shall
        be available to the public for inspection.  Permission to inspect such
       ' records should be made to the Director, Alabama Air Pollution Control
        Commission, Montgomery, Alabama 36104, unless otherwise directed in
        published organizational, procedural, or regulatory statements pertaining
        to specific records or classes of records.  Such  request should state
        the general subject matter of the records sought  to be inspected to
        permit identification and location.

        1.4.2  Exceptions

        Upon a showing satisfactory to the Director by any person that records,
        reports, or information, or particular part thereof,  (other than
        emission data) to which the Commission has access if made public, would
        divulge production or sales figures  or methods, processes or production
        unique to such person, or would otherwise tend to affect adversely the
        competitive position of such person  by revealing  trade secrets, the
        Commission and the Director shall consider such record, report, or
        information or particular portion thereof confidential in the administra-
        tion of the Act.

        1.4.3  Creation of Record

        Records will not be created by compiling selected items from other
        documents at the request of a member of the public, nor will  records
        be created to provide the requester with data such as ratios, proportions,
        percentages, frequency distribution, trends, correlations, or comparisons.

        1.4.4  Denial of Requests for, or Non-existence of, Information

        If it is determined pursuant to this Part that requested information
        will not be provided or that, to the best knowledge of the Director,
        requested information does not exist, the Director shall  notify in
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        writing  the party  requesting  the  information  that  the  request is either
        denied or cannot be  fulfilled.

        1.4.5 Copies  of Documents

        If it is determined  that information  requested may be  disclosed, the
        requesting party shall  be afforded  the  opportunity to  obtain copies
        of the documents containing such  information.  However,  records shall  not
        be released for copying by non-Division personnel  except by permission
        of the Director.  When  a determination  not  to disclose a portion of
        information requested has been  made,  records  shall  be  masked for
        copying  of nonexcepted  portions of  the  information.

        1.4.6 Disclosure  of Information  to Other Agencies

        Nothing  in these rules  and regulations  shall  be  construed  to prevent
        disclosure of  any  report, record  or information  obtained under the
        Act,  or  any of the official records of  the  Commission  to Federal,
        State, or local air  pollution control laws, or when relevant in any
        proceedings under  the Act.

        1.4.7 Correlation of Information

        As soon  as practicable, the Director  shall  provide for public avail-
        ability  of emission  data reported by  source owners or  operators or
        otherwise obtained by the Director  of the Division.  Such  emission
        data  shall be  correlated with applicable emission  limitations or other
        measures.  As  used in this section, "correlated" means presented in
        such  a manner  as to  show the  relationship between  measured or estimated
        amounts  of emissions and the  amounts  of such  emissions allowable under
        these rules and regulations.

(2.0)    1.5  Employee  Responsibilities  and  Conduct

        1.5.1  Introduction

        People who work for  the Alabama Air Pollution Control  Commission are  in
        a  special category.   They are not only  employed  by the Commission, which
        may be their immediate  "boss",  but  more importantly, they  are paid by
        the people of  Alabama.   Consequently, they  have  an obligation not only
        to their immediate supervisors, but also to the  taxpayer to  assure that
        he gets  his "money's worth".  As  a  result,  Commission  employees live
        in somewhat of a glass  house  and  must adhere  to  high moral and
        ethical  standards  in their business relationships  and  personal conduct.

        It is virtually impossible to set out specific  "rules" to  govern each
        employee's conduct in all phases  of his job.  This is  not  the intent
        of these guidelines.  Rather, it  is an  attempt to  present  some of the
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more frequent or common situations which arise and to provide each
employee with general guidelines to assist him in carrying out his duties
in an efficient and responsible manner without the need for specific
identification of everything he can or cannot do.

1.5.2  General Comments

Commission employees are expected to comply with all  statutes and rules
of the State and their communities.  It is not the intent of the
Commission as an employer to be concerned with the non-working time
of its employees.  However, when off-duty conduct has a bearing on the
Commission operations or brings discredit upon the Commission or State
government, then such conduct does legitimately become a concern and
could result in appropriate disciplinary action against the employee.

The Commission employee must be especially careful to avoid such things
as using his official position for personal gain, giving unjustified
preferences, losing sight of the need for efficient and impartial
decisions in methods of operation, or committing an act which could
result in questioning the integrity of the Division or Commission.

1.5.3  Gifts and Favors
Commission employees ought to be especially careful  in their relationships
to avoid any taint of irresponsibility by accepting  any gift or gratuity
from a non-employee who is now or is seeking to do business with the
Commission or whose business is regulated by the Commission.  Many times
an employee will be offered items of nominal value such as pens, pencils,
calendars, matches, etc.   It would not be improper  to accept these items
as long as both parties recognize that there is no intent to affect
a business relationship.  Likewise, there will  be times when non-
employees will offer to take a Commission employee to lunch to discuss
business.  This, too, can be proper or improper depending on the
circumstances.  If done on an infrequent basis  and in the ordinary
course of business, it would appear to be proper.  However, if the
intent of either party was to allow the social  affair to affect the
business transaction, it most definitely would  be improper.  Each
employee must be conscious of the possibility of impropriety and make
his own decision as to the particular situation.

1.5.4  Outside Employment

Each full-time Commission employee is expected  to devote his entire
working hours to his job and to the business of the  Commission.  While
there is no absolute bar to outside employment, such employment must
not interfere with complete attention tc the employee's responsibilities
as a Commission employee.  There are, of course, some outside employment
situations which could result in a conflict of interest between the
two jobs.  These kinds of involvements between  outside activities and
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Commission employment must be strictly avoided.   If the employee has
any question that a conflict of interest situation might develop,  he
should immediately discuss the situation with the Director.

Naturally, an employee should not receive any compensation from any
outside source for the performance of his Commission responsibilities.

Employees are, of course, encouraged to participate in civic organization
activities, again where such activities do not interfere with full
performance of the employee's Commission responsibilities.

1.5.5  Use of Privileged Information

Many Commission employees will deal with plans and programs  of significant
public interest.  Employees must not use this privileged information  to
their own financial advantage or to provide friends and acquaintances with
financial advantages, or with information which could be used for
financial advantage.

If an employee finds that he has an outside financial interest which
could be affected by Commission plans or activities, he should
immediately report the situation to the Director.

Each employee is charged with the responsibility of insuring that he
releases only information that should be made available to the general
public.

1.5.6  Use of State Property

Employees should not, directly or indirectly, use or allow the use of
Commission or State property of any kind for other than official
activities.

1.5.7  Conclusion

The foregoing guidelines should assist each employee in more efficiently
carrying out his responsibilities as a Commission employee.   As
mentioned earlier, these standards are not intended to be all-encompassing,
nor to spell out each kind of situation that will arise.  Likewise,
it has not been spelled out in detail all of those actions such as
theft of State property, being intoxicated on the job, etc., which is
recognized as subjecting a person to disciplinary action.

It is well recognized that many problems will arise in the daily course
of an employee's activities which could raise some question in his
mind as to what action he should take.  Each employee is encouraged
to discuss these matters with the Director to obtain guidance and
assistance.
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(4.0)    1.6  Ambient Air Quality Standards

        1.6.1  Primary and Secondary Standards

        The National primary ambient air quality standards  and national  secondary
        ambient air quality standards and accompanying appendices  of reference
        methods, set forth as Part 50 of Title  40 of the Code of Federal
        Regulations, as the same may be amended or revised, are hereby incorpor-
        ated and made a part of these regulations, and shall  apply throughout
        the State.

        1.6.2  Policy

        It is the objective of the Commission to obtain and maintain the ambient
        air quality standards of this Part in achieving the policy and purpose
        of the Act and as required by the Federal Act.  The adoption hereby
        of the national primary and secondary ambient air quality standards
        shall not be considered in any manner to allow significant deterioration
        of existing air quality in any portion  of the State.

        1.6.3  Attainment of Primary Standard

        These rules and regulations and the administration of the Division by the
        Director shall provide for the attainment of the national  primary
        ambient air quality throughout the State as expeditiously as practicable,
        but in no case later than three years after the date of initial  adoption
        of these rules and regulations or within the time limits specified by
        Section 110(a) of the Clean Air Act, as amended (84 Stat.  1680'),
        whichever is later.

        1.6.4  Attainment of Secondary Standard

        To the extent practicable and feasible, these rules and regulations
        and the administration of the Division  by the Director shall strive
        for the attainment of the national  secondary ambient air quality through-
        out the State concurrently with the attainment of the national primary
        ambient air quality standard as provided in Section 1.6.3.

        1.6.5  Affect on Interstate Air Quality Control Regions

        The administration of the Division by the Director shall insure that
        air contaminants emitted within an Alabama portion of an Interstate
        Air Quality Control Region designate at Part 81 of Title 40 of the
        Code of Federal Regulations will not interfere with attainment and
        maintenance of any national primary or secondary ambient air quality
        standard in the remaining portion of such region.  To this end,  the
        Director is authorized to advise and consult with air pollution control
        agencies to achieve the purposes of this section.
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 (9.0)    1.7   Monitoring,  Records,  Reporting
 (13.0)
         1.7.1   The  Director may  require  the owner or operator of any air
         contaminant source to  establish  and maintain such records; make such
         reports;  install, use  and  maintain such monitoring equipment or methods;
         sample  such emissions  in accordance with such methods, at such locations,
         intervals and  procedures as  the  Director may prescribe; and provide
         such  periodic  emission reports as required in Section 1.7.2.

         1.7.2  Reports

         Records and reports as the Director may prescribe on air contaminants
         or fuel  shall  be  recorded, compiled and submitted on forms furnished
         by the  Director or when  forms are not  so furnished, then in formats
         approved by the Director.

             (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 Director.

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

             (e)  The sulfur content  of fuels,  as burned, except natural gas,
                  shall be determined in  accordance with current recognized
                  ASTM  procedures.  Averages for periods prescribed by the
                  Director shall  be submitted biannually.  Records shall be kept
                  current  and be  available for  inspection.

(9.0)     1.8  Sampling  and Testing  Methods
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        1.8.1   Methods

        All  required sampling and testing shall  be made and  the  results  calculated
        in accordance with sampling and testing  procedures and methods approved
        by the Director.   All required samples and tests shall be made under
        the direction of persons qualified by training and/or experience in
        the field of air pollution control.

        1.8.2   Standard Methods

        The Director, to the extent practicable,  should recognize and approve  the
        test methods and procedures established  by Part 60 of Title  40 of the
        Code of Federal Regulations, as the same may be amended  or revised.

        1.8.3   The Division may conduct tests and take samples of air contamin-
        ants,  fuel, process material or other material  which affects or  may
        affect emission of air contaminants from any source.  Upon request of
        the Division, the person responsible for the source  to be tested shall
        provide necessary holes in stacks or ducts 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.   If an authorized employee of the  Division
        during the course of an inspection obtains a sample  of air contaminant,
        fuel,  process material, or other material, he shall  give the owner or
        operator of the equipment or fuel facility a receipt for the sample
        obtained.

        1.8.4   Report to Owner or Operator

        At the conclusion of any inspection under Section 9  of the Act,  or
        conduction of any testing or sampling under this Part, if requested,
        the owner or operator of the premises shall receive  a report setting
        forth  all facts found which relate to compliance status  with the Act and
        these  rules and regulations.

(6.0)    1.9 Compliance Schedule

        1.9.1   Scope

        Except as otherwise specified, compliance with the  provisions of these
        rules  and regulations shall be according to the time schedule of this
        Part.

        1.9.2   New Sources

        All  new sources shall comply with the applicable rules and regulations
        of Chapter 3 et seq. within 60 days after achieving  the  maximum
        production rate at which the affected source will be operated,  but
        not later than 120 days after initial startup of such source,  unless
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        the Director specifies  another  period  of time  as  a  condition to  the
        issuance of any Permit  under  Part  1.12.

        1.9.3  Existing Sources

        All existing sources  not in compliance as of the  date  of  initial adoption
        of an applicable rule or regulation  contained  in  Chapter  3  et  seq.
        shall be in compliance  within 6 months of such initial  date unless the
        owner or operator responsible for  the  operation of  such source shall  have
        submitted to the Director in  a  form  and  manner satisfactory to him, a
        control  plan and schedule for achieving  compliance, such  plan  and
        schedule  to contain  a  date on  or  before which full compliance will be
        attained, and such other information as  the  Director may  require.  Any
        such plan and schedule  expected to extend over a  period of  18  or more
        months from such initial  date shall  include  provisions for  periodic
        increments of progress  toward full compliance. If  approved by the
        Director, such dates  shall  be the  dates  on which  such  owner or operator
        shall achieve incremental progress and full  compliance.  The Director
        may require persons to  submit subsequent periodic reports on progress
        in achieving compliance.   In  no event  shall  the control plan and schedule
        exceed 3 years from the date  of initial  adoption  of an applicable rule
        or regulation.  The provisions  of  this Section shall not  apply to sources
        for which permits are required  under Part 1.12.

        1.9.4   Nothing in this Part  shall relieve any person, or any  new or
        existing source from complying  with  the  provisions  of  Chapters 1 and
        2  of these rules and  regulations.

(7.0)    1.10  Maintenance and Malfunctioning of  Equipment;  Reporting
(1.3.0)
        1.10.1  Maintenance;  Reporting

        In the case of shutdown of air  pollution control  equipment  (which
        operates pursuant to  any permit issued by the  Director) for necessary
        scheduled maintenance,  the intent  to shut down such equipment  shall be
        reported to the Director at least  twenty-four  (24)  hours  prior to the
        planned shutdown, unless such shutdown is accompanied  by  the shutdown
        of the source which such equipment is  intended to control.  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.
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             (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.

         1.10.2  Malfunction;  Reporting

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

(2.0)     1.11   Prohibition  of Air  Pollution

         No person shall  permit  or  cause air pollution,  as defined in Section
         1.2.1  of this  Chapter by  the discharge  of  any air contaminant for which
         no ambient air quality  standards have been set  under Section 1.6.1.

(3.0)     1.12  Permits

         1.12.1  Permits Required

             (a)   Permit to Construct - Any person  building, erecting, altering
                  or replacing any  article, machine, equipment  or other contri-
                  vance, the use of which may cause the  issuance of or an increase
                  in the issuance  of air contaminants or the use of which may
                  eliminate or reduce or control the issuance of air contaminants,
                  shall first obtain authorization  for such construction from  the
                  Director in the  form  of a Permit  to Construct.  A Permit to
                  Construct shall  remain in effect  until the permit to operate
                  the equipment  for which the application was filed is granted or
                  denied or the  application is canceled.

             (b)   Permit to Operate

                  (1) Before any article, machine,  equipment or other contrivance
                      described  in  paragraph (a) may be  operated or used, a
                      written permit shall  be obtained from the Director.  No
                      permit to  operate shall be granted for any article, machine,
                      equipment  or contrivance described in paragraph  (a),
                      constructed  or installed without authorization as required
                      by paragraph  (a), until the  information required  is
                      presented  to  the  Director  and such article, machine,
                      equipment  or contrivance  is  altered,  if necessary, and
                      made to conform  to the standards established  by  the
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             Commission.

         (2) Any article,  machine,  equipment  or  other  contrivance
             described in  paragraph (a)  which is presently  operating
             (or which is  not presently  operating but  which is capable
             of being operated)  without  a Permit to  Operate, may
             continue to operate (or may restart) only if its owner or
             operator obtains a  Permit to Operate prior to  a date  to
             be set by the Director (or  prior to restarting).

         (3) The Director  shall  have the authority to  decide cases where
             an article, machine, equipment,  or  other  contrivance  is  not
             clearly subject to  nor exempt from  the  application of this
             Part.  In addition, the Director may rule that a particular
             article, machine, equipment or other contrivance is subject
             to the application  of this  Part even though it is exempt
             from the system according to Sections 1.12.1 and 1.12.2
             of this Part.  The  operator or builder  of such an article,
             a machine, equipment or other contrivance may  appeal  the
             the Director's classification to the Commission, which
             shall overrule the  Director only if it  is shown  that  he
             acted arbitrarily and contrary to the purposes of the Act.

    (c)  Display of Permit to Operate -  A person who has been granted a
         Permit to Operate any article,  machine, equipment, or other
         contrivance shall keep  such Permit under file or on  display
         at all times at the site where  the article, machine, equipment,
         or other contrivance is located and will make such a permit
         readily available for inspection by any and all persons who
         may request to see it.

1.12.2  Exemptions

From time to time the Director may specify certain classes  or sizes
or articles, machines, equipment, or other contrivances which would
normally be subject to the requirement to obtain Permits to Operate
or Construct, as being exempt from the requirement to  obtain  such  permits.
Exempt sources are subject in every other way to these rules  and regula-
tions.

1.12.3  Transfer

A Permit to Construct or Operate shall not be transferable  whether by
operation of law or otherwise, either from one location to  another,
from one piece of equipment to another,  or from  one  person  to another.
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1.12.4  Applications

Every application for a Permit to Construct or Operate required under
Section 1.12.1 shall be filed in the manner and form prescribed by the
Director and shall give all  the information necessary to enable the
Director to make the determination required by Section 1.12.8.

1.12.5  Cancellation of Applications

A Permit to Construct shall  expire and the application shall  be canceled
two years from the date of issuance of the Permit to Construct  if the
construction has not begun.

1.12.6  Action on Application

The Director shall act, within a reasonable time, on an application for
Permit to Construct, Permit to Operate and shall  notify the applicant
in writing of its approval,  conditional approval  or denial.

1.12.7  Provision of Sampling and Testing Facilities

A person operating or using any article, machine, equipment or  other
contrivance for which these rules and regulations require a permit shall
provide and maintain such sampling and testing facilities as specified
in the Permit to Construct or Permit to Operate.

1.12.8  Standards for Granting Applications

    (a)  The Director shall  deny a permit except as provided by Section
         1.12.9, if the applicant does not show that every article,
         machine, equipment or other contrivance, the use of which
         may cause the issuance of air contaminants, is so designed,
         controlled, or equipped with such air pollution control equip-
         ment, that it may be expected to operate without emitting or
         without causing to be emitted air contaminants in violation
         of these rules and regulations.

    (b)  The Director shall  deny a permit if the applicant does not
         present, in writing, a plan whereby the emission of air contam-
         inants by every article, machine, equipment, or other contri-
         vance described in the permit application, will be reduced
         during periods of an Air Pollution Alert, Air Pollution
         Warning, and Air Pollution Emergency in accordance with the
         provisions of Chapter 2.

    (c)  Before a Permit to Construct or Permit to Operate is granted,
         the Director may require the applicant to provide and maintain
         such facilities as are necessary for sampling and testing
         purposes in order to secure information that will disclose
         the nature, extent, quantity or degree of air contaminants
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         discharged  into  the  atmosphere from the article, machine,
         equipment or other contrivance described in the Permit to
         Construct or Permit  to Operate.   In the event of such a
         requirement, the Director  shall notify the applicant in
         writing of  the required  size, number and location of the
         sampling platform; the access to  the sampling platform; and the
         utilities for operating  the  sampling and testing equipment.

    (d)   The Director may also require the applicant to install, use
         and maintain such monitoring equipment or methods; sample such
         emissions in accordance  with such methods, at such locations,
         intervals and procedures as  may be specified; and provide
         such information as  the  Director  may require.

    (e)   Before acting on an  application for Permit to Construct or
         Permit to Operate, the Director may require the applicant to
         furnish further  information  or further plans or specifications.

    (f)   In acting upon a Permit  to Operate, if the Director finds
         that the article, machine, equipment or other contrivance has
         been constructed not in  accordance with the Permit to Construct
         and if the  changes noted are of a substantial nature in that the
         amount of air contaminants emitted by the article, machine,
         equipment or other contrivance may be increased, or in that the
         effect is unknown, then  he shall  deny the Permit to Operate.
         The Director shall not accept any further application for a
         Permit to Operate until  the  article, machine, equipment or
         other contrivance has been reconstructed in accordance with the
         Permit to Construct, or  until the applicant has proven to the
         satisfaction of  the  Director that the change will not cause an
         increase in the  emission of  air contaminants.

    (g)   The Director shall deny  a  Permit  to Construct where he
         determines  that  the  construction  and operation of such source
         will interfere with  attaining or  maintaining any primary or
         secondary standard established by Section 1.6.1 or will allow
         significant deterioration  of existing air quality.

    (h)   In granting any  Permit to  Operate, the Director may allow,
         as a condition of such permit, for the intermittent discharge
         of air contaminants,during startup, shut down, rate change or
         load change, in  excess of  the limitations specified in these
         rules and regulations where  he finds that because of the
         nature of the source there is no  practicable alternative.

1.12.9  Conditional  Permit

    (a)  The Director may  issue a  Permit to Construct or a Permit to
        Operate subject to conditions which will  bring  the  operation
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     of any article,  machine,  equipment  or other  contrivance within
     the standards of Section  1.12.8,  in which  case  the  conditions
     shall  be specified in writing.  Commencing work under  such a
     Permit to Construct or a  Permit to  Operate shall  be deemed
     acceptance of all  the conditions  specified.   The Director
     shall  issue a Permit to Construct or a Permit to Operate with
     revised conditions upon receipt of  a new application,  if the
     applicant demonstrates that the article, machine, equipment
     or other contrivance can  operate  within the  standards  of
     Section 1.12.8 under the  revised  conditions.

(b)   A Conditional Permit may  allow an article, machine,  equipment
     or other contrivance to be operated in violation of the
     conditions of Section 1.12.8 if one of the conditions  of the
     permit is a definite schedule by  which the article,  machine,
     equipment, or contrivance may attain the conditions of Section
     1.12.8 and be granted a Permit to Operate, and  if the  schedule
     provides for attaining the conditions of Section 1.12.8 at the
     earliest possible date and is approved by  the Director.  A
     Conditional Permit will be revoked  if the  applicant does not
     submit progress  reports to the Director according to the
     schedule established by the Conditional Permit.  The Director
     may further revoke the Conditional  Permit  if the progress reports
     do not show satisfactory  progress as specified  by the  terms
     of the Conditional Permit or if the progress  reports are
     found to be inaccurate.

(c)   A Conditional permit that allows  any new article, machine,
     equipment or contrivance  to operate in violation of the
     requirements of Section 1.12.8 may  not be  granted for  a period
     of time greater than one  year, including all  renewals.

(d)   No Conditional Permit issued under  this Section for any
     existing article,  machine, equipment or contrivance may be
     granted for a period of time longer than the greater of the
     following periods:

     (1) The period from the granting  of the permit  to a date three
         years after the date  of initial adoption of an  applicable
         rule or regulation.

     (2) The period from the granting  of the permit  to a date three
         years after the date  the Administrator of the U. S.
         Environmental  Protection Agency approves, in acpordance
         with Section 110 of the Federal Act, such applicable rule
         or regulation as a part of an implementation plan  (or any
         revision thereof).
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1.12.10  Temporary Permit to Operate

Upon application for a Permit to Operate by a new facility,  the Director
shall, within a reasonable period of time, dispatch an inspector to the
facility in question.  If the inspector determines that the  facility has
been constructed according to the specifications as set forth under
the Permit to Construct, or else that any changes to the facility would
reduce or effect to an unsubstantial degree that quantity of air
contaminants emitted by the facility, and if a reviewing officer of the
Division agrees with this conclusion, then the Director shall issue a
temporary Permit to Operate which will remain in force until an
official inspection of the facility under actual operating conditions
can be made and the results reviewed or until the Temporary  Permit is
suspended or revoked by the Director.  The Director may issue a
Temporary Permit to Operate without an inspection if the applicant
fulfills the following requirements:

    (a)  The application for a Permit to Construct is filled out and
         countersigned by a Professional Engineer familiar with air
         pollution control as it relates to the equipment under
         application.

    (b)  Upon completion of the construction, a Professional Engineer
         familiar with the Permit to Construct submits a letter to the
         Director, signed and sealed with his professional stamp,
         testifying that the construction under application  has been
         completed and is in accordance with the specification as set
         down in the Permit to Construct.  The Director, is  empowered
         to reject the testimony of the Professional Engineer if the
         Director decides that the Professional Engineer's qualifications
         are insufficient to allow him to accurately and completely
         assess the equipment in question.  A Professional Engineer may
         appeal any such judgement to the Commission.

1.12.11  Denial of Application

In the event of denial of a Permit to Construct or Permit to Operate,
the Director shall notify the applicant in writing of the reason there-
for.  Service of this notification may be made in person or by mail,
and such service may be proved by the written acknowledgement of the
persons served or affidavit of the person making the service.  The
Director shall not'accept a further application unless the applicant has
complied with the objections specified by the Director as its reasons for
denial of the Permit to Construct or the Permit to Operate.

1.12.12  Appeals

Within 10 days after notice by the Director of denial or conditional
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        approval  of a Permit to Construct or Permit  to  Operate,  the  applicant
        may petition the Commission,  in  writing,  for a  review.   The  Commission
        may sustain or reverse the action of the  Director;  such  order may  be
        made subject to specified conditions.

        1.12.13  The holder of a Permit  under this Part shall comply with
        conditions contained in such  Permit as well  as  all  applicable provisions
        of these rules and regulations except where  violations are specifically
        allowed in accordance with a  Conditional  Permit issued under Section
        1.12.9.

(5.0)    1.13  Variances

        1.13.1   Petition Procedures
            (a)   Any person subject to any rule or regulation,  requirement  or
                 order,  may petition the Commission for a  variance  from  the
                 application thereof as prescribed by the  Act.   A petition  for
                 a variance must state the following:

                 (1) The name,  address and telephone number of  the  petitioner,
                     or other person authorized to receive service  of notices.

                 (2) Whether the petitioner is  an individual, partnership,
                     corporation or other entity, and names and address  of  the
                     officers,  if a corporation,  and names and  address of the
                     persons in control, if other entity.

                 (3) The type of business or activity involved  in the application
                     and the street address at  which it is conducted.

                 (4) A brief description of the article, machine, equipment or
                     other contrivance, if any, involved in the petition.

                 (5) The signature of the: petitioner, or that of some person on
                     his behalf, and, where the person signing  is not the
                     petitioner, the authority  to sign.

                 (6) The rule or regulation, requirement or order complained of
                     from which a variance is requested.

                 (7) The facts  showing why compliance with such rule or  regula-
                     tion, requirement or order would impose serious hardship
                     on the petitioner or on any 'other person or persons without
                     equal or greater benefits  to the public.

                 (8) The facts  showing why the  emissions occuring or proposed  to
                     occur do not endanger or tend to endanger  human health or
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             safety,  human comfort,  and  aesthetic  values.

         (9)  For what period of time the variance  is  sought  and why.

        (10)  Provisions of the rule  or regulation,  requirement or  order
             which the petitioner can meet and  the date  when petitioner
             can comply with such provisions.

        (11)  Whether  or not any case involving  the same  identical
             equipment or process identified  in subparagraph (4)
             above is pending in any court, civil  or  criminal.

    (b)  All  petitions shall be typewritten,  double spaced,  on legal  or
         letter size  paper, on one side  of the  paper  only.

1.13.2  Failure to Comply with Procedures

    (a)  The  Director shall not accept for filing,  any petition which
         does not comply with these  rules and regulations  relating to
         the  form, filing and service of petitions unless  the Chairman
         or any two members of the Commission direct  otherwise and
         confirm such direction in writing.  Such  direction  need  not
         be made at a meeting of the Commission.

    (b)  The  Chairman or any two members, without  a meeting, may  require
         the  petitioner to state further facts  or  reframe  a  petition  so
         as to disclose clearly the  issues involved.

1.13.3  Objection Procedures

    (a)  A person may file a written objection  to  the grant  of a  variance
         within 21 days from initial advertised notice and thus  insure
         that a public hearing will  be held,  according to  Section  12  (d)
         of the Act.   An objection to the grant of a  variance must state:

         (1)  The objector's name, address, and  telephone number.

         (2)  Whether  the objector is an  individual, partnership,
             corporation or other entity, and names and address  of the
             partners if a partnership,  names and  address  of the
             officers if a corporation,  and the names and  the address of
             the persons in control  if other  entity.

         (3)  A specification of which petition  for a  variance is  being
             objected to.

         (4)  A statement indicating  why  the objector  believes that the
             variance should not be  granted.
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              (b)  All objections should be typewritten or carefully printed in
                  ink on legal or letter size paper.

         1.13.4  Rules of Evidence at Hearing

              (a)  Each party shall have these rights:  to call and examine
                  witnesses; to introduce exhibits; to cross-examine opposing
                  witnesses on any matter relevant to the issues even though
                  that matter was not covered in the direct examination; to
                  impeach any witness regardless of which party first called
                  him to testify; and to rebut the evidence against him.  If a
                  petitioner or objector does not testify in his own behalf,
                  he may be called and examined as if under cross-examination.

              (b)  The hearing need not be conducted according to technical rules
                  relating to evidence and witnesses.  Any relevant evidence
                  shall be submitted if it is the sort of evidence on which
                  responsible persons are accustomed to rely in the conduct
                  of serious affairs, regardless of the existence of any common
                  law or statutory rule which may make improper the admission
                  of such evidence over objection in civil actions.  Hearsay
                  evidence may be used for the purpose of supplementing or
                  explaining any direct evidence but shall not be sufficient in
                  itself to support a finding unless it would be admissible
                  over objection in civil actions.  The rules of privilege shall
                  be effective to the same extent that they are now or hereafter
                  may be recognized in civil actions, and irrelevant and unduly
                  repetitious evidence shall be excluded.

(2.0)    1.14 Circumvention

         No person shall cause or permit the installation or use of any device
         or any means which, without resulting in reduction in the total amount
         of air contaminant emitted, conceals or dilutes any emission of air
         contaminant which would otherwise violate these rules and regulations.

(2.0)    1.15 Severability

         The  provisions of these rules and regulations and the various applica-
         tions thereof are declared to be severable and if any chapter, part,
         section, paragraph, subparagraph, subdivision, clause, or phrase of
         these rules and regulations shall be adjudged to be invalid or unconsti-
         tutional by any court of competent jurisdiction, the judgment  shall
         not  affect, impair or invalidate the remainder of these rules and
         regulations, but shall be confined in its operation to the chapter,
         part, section, paragraph, subparagraph, subdivision, clause, or phrase
         of these rules and regulations that shall be directly involved in the
         controversy in which such judgments shall have been rendered.
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 (8.0)                                  CHAPTER  2

                                 AIR POLLUTION  EMERGENCY

(8.0)     2.1   Air Pollution Emergency

         The  Director is authorized and empowered  to  enforce  or  require  enforce-
         ment of any provisions  of this Chapter through the State of Alabama.

 (8.0)    2.2   Episode Criteria

         When the Director determines that conditions justify the proclamation  of
         an air pollution episode stage, due to the accumulation of air  contam-
         inants in any place within the State,  attaining  levels  which  could,  if
         sustained or exceeded,  lead to a substantial  threat  to  the health of
         persons, he shall be guided by the following criteria.

         2.2.1   Episode stages shall be determined and declared  upon the basis
         of average concentrations recorded at  any monitoring station  in the
         State.

         2.2.2  If contamination and meteorology warrant,  any advanced episode
         stage may be declared by the Director  without first  declaring a lesser
         degree of Alert or Watch.  The Director shall, at his discretion,
         declare a lesser stage, the termination or the continuance of the
         advanced episode stage  during such times  when contamination and
         meteorological conditions moderate significantly after  an advanced
         episode stage has been  declared.

         2.2.3  Episode Watch

         The  Director shall declare an Episode  Watch  when one or more  of the
         following events take place.

             (a)  An Atmospheric Stagnation Advisory  is issued by the  National
                  Weather Service, stating that atmospheric conditions marked by
                  a slow moving  high pressure system, light winds, and temperature
                  inversions are expected to affect the State of Alabama or
                  portions thereof for the next 36 hours.

             (b)  A forecast by  local meteorologist that  stagnant atmospheric
                  conditions as  described above could result  in  high air pollution
                  levels in Alabama or portions thereof.

             (c)  Validated reports of abnormally  high air pollution measurements,
                  specifically,  reaching or exceeding 50  percent of the  Alert
                  level of Section 2.2.4 for at least three consecutive  hours
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         at a given locality in the State.

2.2.4  Alert

The Director shall declare an Alert when any one of the following
contaminant concentrations is measured at any monitoring site,  and due
to adverse meteorological  conditions can be expected to remain  at these
levels or higher for the next 12 hours or more unless control measures
are taken:

    (a)  Sulfur Dioxide -  Measured by continuous coulometric or
         colorimetric analyzer, or equivalent.

             24 hour average, 0.30 ppm (800 jug/m3)

    (b)  Particulates - Measured by sequential tape sampler, two-hour
         accumulations (soiling index).

             24-hour average, 3.0 COHS per 1000 linear feet

         or measured by Hi Vol  (high volume sampler), 24-hour accumulation.

             24-hour average, 375 jug/m3

    (c)  Sulfur Dioxide and Particulates Combined - Product of  concurrent
         24-hour average concentrations.

             sulfur dioxide, ppm, times  particulates, COHS, equals 0.2

             sulfur dioxide,/jg/mS, times particulates, ug/m3,  equals
             65,000

    (d)  Carbon Monoxide - Measured by continuous non-dispersive
         infrared analyzer, or equivalent.

             8-hour average, 15 ppm (17 mg/m3)

    (e)  Nitrogen Dioxide  - Measured by continuous  analyzer, or
         equivalent.

             24-hour average, 0.15 ppm (282/ig/m3)
         or  1-hour average, 0.6 ppm (1130/jg/m3)

  1  (f)  Photochemical Oxidants - Measured by continuous chemiluminescent
         analyzer or equivalent.

             1-hour average, 0.1 ppm (200
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2.2.5  Warning

A warning shall be declared by the Director when the concentrations
of any of the following air contaminants measured at any monitoring
site and due to adverse meteorological  conditions can be expected to
remain at these levels or higher for the next 12 hours or more unless
control measures are taken:

    (a)  Sulfur Dioxide - Measured by continuous coulometric or
         colorimetric analyzer, or equivalent.

    (b)  Particulates - Measured by sequential  tape sampler, two-hour
         accumulations (soiling index).

             24-hour average, 5.0 COHS per 1000 linear feet

         or measured by Hi Vol, 24-hour accumulation:

             24 hour average, 625 pg/m3

    (c)  Sulfur Dioxide and Particulates Combined - Product of
         concurrent 24-hour average concentration.

             sulfur dioxide, ppm, times particulates, COHS, equals 0.8

         or  sulfur dioxide, ug/m3, times particulates, jug/m3, equals
             261,000

    (d)  Carbon Monoxide - Measured by continuous non-dispersive
         infrared analyzer or equivalent.

             8-hour average, 30 ppm (34 mg/m3)

    (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
         equivalent.

             24-hour average, 0.30 ppm (565jug/m3)

              1-hour average, 1.20 ppm (2260 jug/m3)

    (f)  Photochemical Oxidants - Measured by continuous chemiluminescent
         analyzer, or equivalent.

              1-hour average, 0.40 ppm (800 /jg/m3)
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2.2.6  Emergency

When the following concentrations of air contaminants have been reached
or due to meteorological  conditions can be expected to reach or
exceed these levels at any monitoring site in the State for a period
of 12 hours or more unless control  actions are taken, the Director
shall declare an Emergency:

    (a)  Sulfur Dioxide - Measured by continuous coulometric or
         colorimetric analyzer, or equivalent.

             24-hour average, 0.8 ppm (2100yug/m3)

    (b)  Particulates - Measured by sequential tape sampler, two-hour
         accumulations (soiling index).

             24-hour average, 7.0 COHS per 1000 linear feet

         or measured by Hi Vol, 24-hour accumulation

             24-hour average 875 jug/m3

    (c)  Sulfur Dioxide and Particulates Combined - Product of
         concurrent 24-hour average concentrations.

             sulfur dioxide, ppm times particulates, COHS, equals 1.2

         or  sulfur dioxide, jug/m3, times particulates ,ug/m3, equals
             393,000         r

    (d)  Carbon Monoxide - Measured by continuous non-dispersive infrared
         analyzer or equivalent.

             8-hour average, 40 ppm (46 mg/m3)

    (e)  Nitrogen Dioxide - Measured by continuous analyzer, or equivalent.

             24-hour average, 0.40 ppm (750/ig/m3)

              1-hour average, 1.60 ppm (3000/ig/m3)

    (f)  Photochemical Oxidants - Measured by continuous chemiluminescent
         analyzer, or equivalent.

              1-hour average, 0.60 ppm (1200/ig/m3)
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        2.2.7   Termination

            (a)   The  status  reached  by  application of  the Episode Criteria of
                 this part shall  remain in  effect until the criteria for that
                 level  is no longer  met.  At  such time, the next lower status
                 will be assumed  and such changes declared by  the Director.
                 Specifically:

                 (1)  When ambient contaminant concentrations fall below the
                     critical  levels for the  stage,  and a downward  trend of
                     concentrations  is  established;  and

                 (2)  When meteorological conditions  that attended the high
                     concentrations  are no  longer called for in official weather
                     predictions.

            (b)   A public declaration will  take on one of the  following forms.

                 (1)  Terminate "Emergency Status", resume "Warning  Status"
                     or "Alert Status"; whichever is appropriate.

                 (2)  Terminate "Warning Status", resume "Alert Status" or
                     appropriate  stage.

                 (3)  Terminate "Episode Status".

            (c)   Upon termination of an "Episode Status", the  Division of Air
                 Pollution Control will remain on internal "Episode Watch" until
                 a return to normal  operation is announced by'the Division
                 Director.

        2.2.8   Status Declaration Authority

        The Director, Division of Air Pollution Control, or his duly authorized
        agent,  shall  have the authority to  make an announcement of  internal
        Episode Watch, and public declarations of Alert, Warning and Emergency
        Status.

(8.0)    2.3  Special  Episode Criteria

        2.3.1   The Director  shall have  the  authority to declare episodic
        conditions when the  atmospheric concentration  of a single contaminant
        or that of a  specific locality  within the State show elevated
        concentrations.

        2.3.2   Specific Pollutant Situation

        When concentrations  of one or two contaminants reach or exceed the
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         defined criteria levels,  and concentration  of other contaminants  remain
         substantially below 50 percent of Alert  levels,  and meteorlogical
         conditions are such that  these specific  contaminant concentrations  can
         be expected to remain at  the above levels for 12 hours  or  more  or increase
         unless control action is  taken, a Specific  Alert,  Warning, or Emergency
         Status shall  be declared  by the Director, naming the contaminants that
         meet the respective criteria.   In such instances when two  such
         contaminants  meet different criteria, the Director shall declare  the
         status for the episode having the higher level,  and that an Episode Watch
         is being maintained on the remaining contaminants.

         2.3.3  Specific Locality  Situation

         The Director  shall, when  high concentrations  'of  one or  more contaminant
         measured at one monitoring site and not  others and the  effect is  judged
         to originate  from an identifiable source near the given site, shall
         declare the appropriate local  Alert, Warning, or Emergency Status for
         the delineated area and that an Episode  Watch is in effect for  any
         remaining portion of the  jurisdictional  area  while meteorological
         conditions favor the maintenance or increase  of  said high  concentration
         for at least  12 hours or  more unless control  action is  taken.

(8.0)     2.4  Emission Reduction Plans

         Upon declaring an Episode Watch, Alert,  Warning, or Emergency,  the
         Director shall order persons responsible for  the operation of a source
         of air contaminants causing or contributing to such episode to  take the
         general measures outlined in the Emergency  Episode Plan for the State
         of Alabama (dated November 1971, prepared by  TRW,  Inc.) or revision
         thereof, as he deems appropriate, in addition to all  specific source
         curtailments  designated by him.

(8.0)     2.5  Two Contaminant Episode

         The Director  shall declare an Alert, Warning, or Emergency Status
         specific for  two contaminants when the ambient concentrations of  two
         contaminants  simultaneously reach or exceed their respective Episode
         Criteria of this Chapter  and meteorological conditions  are such that
         contaminant concentrations can be expected  to remain at those
         criteria levels for 12 or more hours or  increase unless control actions
         are taken. When criteria levels correspond to different episode  status
         for two contaminants, the Director shall declare the status of  the
         higher of the two.

(8.0)     2.6  General  Episodes

         The Director  shall, in the event that ambient concentrations of three
         or more contaminants simultaneously reach or  exceed their  respective
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        Episode Criteria and no improvement in meteorological  conditions  is
        forecast for the next 12 hours,  declare a  General  Alert,  Warning,  or
        Emergency Status.   In the event  the criteria  levels  correspond  to
        different statuses for each contaminant, the  Director  shall  declare
        a general status corresponding to the highest individual  status.

(8.0)    2.7  Emission Reduction Plan for Local Episodes

        2.7.1   The Director shall specify the area of the  State affected  when  a
        Local  Alert, Warning or Emergency Status is declared,  or when an
        Accidental Episode for Common contaminants occurs, based upon air quality
        and meteorological reports and predictions.

        2.7.2  When the Director declares such a local episode, any  person
        responsible for the operation from which excess  emissions results,
        shall  shut down such an operation and make repairs or  alter  the process
        as required by the Director to restore normal operations.

        2.7.3  When the Director declares that a Local Alert,  Warning,  or
        Emergency Status is in effect for a delineated area, corresponding
        General Measures shall be applied as detailed in Part  2.2, depending
        upon which contaminant(s) is/are being emitted in  excess.

(8.0)    2.8  Emission Reduction Plans for Other Sources

        2.8.1   Any person responsible for the operation  of a source  of  air
        contaminants as determined by the Director shall prepare standby  plans
        for reducing the emissions of air contaminants during  periods of  an
        Episode Alert, Warning, and Emergency.  Standby  plans  shall  be  designed
        to reduce or eliminate emissions of air contaminants in accordance with
        the objectives set forth in Part 2.2.

        2.8.2  Any person responsible for the operation  of a source  of  air
        contaminants not designated by the Director shall  when requested  by  the
        Director in writing, prepare standby plans for reducing the  emission  of
        air contaminants during periods  of Episode Alert,  Warning, and  Emergency.
        Standby plans shall be designed  to reduce or  eliminate emissions  of
        air contaminants in accordance with the objectives set forth in Part  2.2.

        2.8.3  Standby plans as required under Section 2.8.1 shall be in  writing
        and identify the sources of air  contaminants, the  amount of  reduction
        of contaminants and a brief description of the manner  in which  reduction
        will be achieved during Episodes of Alert, Warning,  and Emergency.

        2.8.4  During Episodes of Alert, Warning,  and Emergency Status, standby
        plans as required by this Chapter shall be made  available on the premises
        to any person authorized to enforce the provisions of  applicable rules
        and regulations.
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         2.8.5  Standby plans as required by these rules and regulations shall
         be submitted to the Director upon request within 30 days of the receipt
         of such request; such standby plans shall  be subject to review and
         approval  by the Director.  If in the opinion of the Director, a standby
         plan does not effectively carry out the objectives as set forth in
         these rules and regulations, the Director may disapprove it, state the
         reason for disapproval and order the preparation of an amended standby
         plan within the time period specified in the order.

(8.0)     2.9  Other Authority Not Affected

         The provisions of this Chapter shall in no way affect the power and
         authority of the Governor, Chairman, or Director as it pertains to
         Emergency Procedures as provided in Section 11 of the Act.
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 (51.9)                               CHAPTER 3
 (51.13)
                      CONTROL OF OPEN BURNING AND  INCINERATION

 (51.13)  3.1   Open Burning

         No person shall  ignite, cause to be ignited,  permit to be ignited,  or
         maintain any open fire except as follows:

         3.1.1   Open fires for the cooking of food for human consumption on  other
         than commercial  premises; •

         3.1.2  Fires for recreational or ceremonial  purposes;

         3.1.3  Fires to  abate a fire hazard, providing the hazard is  so declared
         by the fire department or fire district having jurisdiction;

         3.1.4  Fires for prevention  or control  of disease or pests;

         3.1.5  Fires for training personnel in  the methods of fighting fires;

         3.1.6  Fires for the disposal of dangerous materials,  where  there is no
         practical alternate method of disposal, and burning is approved by  the
         Director;

         3.1.7  Fires set for recognized agricultural, silviculture!,  range  and
         wildlife management practices;

         3.1.8  Fires set in salamanders or other devices used by construction or
         other workers for heating purposes;

         3.1.9.  Fires for the burning of trees, brush, grass and other vegetable
         matter in the clearing and maintenance  of rights-of-way if such burning
         is done by the air-curtain incinerator  method, properly constructed
         and maintained,  or an equivalent method specifically approved by the
         Director;

         3.1.10  Open fires specifically or expressly approved by the Director.

(51.9)    3.2  Incinerators

         3.2.1   Incinerators shall be designed and operated in such manner as is
         necessary to prevent the emission of objectionable odors.

         3.2.2  No person shall cause or permit  to be emitted into the open  air
         from any incinerator, particulate matter in the exhaust gases to
         exceed 0.20 pounds per 100 pounds of refuse charged.
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         3.2.3  Emission tests shall  be conducted  at maximum burning  capacity
         of the incinerator.

         3.2.4  The burning capacity  of an incinerator shall  be the manufacturer's
         or designer's guaranteed maximum rate or  such other rate  as  may  be
         determined by the Director in accordance  with good  engineering practices.
         In case of conflict,  the determination made by the  Director  shall
         govern.

         3.2.5  For the purposes of this Part, the total  of  the capacities of  all
         furnaces within one system shall be considered as the incinerator capacity.

(51.9)    3.3  Wood Products and By-products Incineration

         3.3.1  No person shall cause or permit to be emitted into the open  air
         from any incinerator which incinerates wood products and  by-products,
         particulate matter in the exhaust gases to exceed 0.40 pounds per 100
         pounds of material charged.

         3.3.2  Emission tests shall  be conducted  at maximum burning  capacity  of
         the incinerator.

         3.3.3  The burning capacity  of an incinerator shall  be the manufacturer's
         or designer's guaranteed maximum rate or  such other rate  as  may  be
         determined by the Director in accordance  with good  engineering practices.
         In case of conflict,  the determination made by the  Director  shall
         govern.

         3.3.4  For the purposes of this Part, the total  of  the capacities of  all
         furnaces within one system shall be considered as the incinerator
         capacity.

         3.3.5  Each incinerator subject to this Part shall  be properly designed,
         equipped, and maintained for its maximum  rated burning capacity  and shall
         be equipped with an underfire forced air  system, an overfire air
         recirculation secondary combustion system, and variable control  damper,
         all of which shall be electronically controlled  to  insure the optimum
         temperature range for the complete combustion of the amount  and  type
         of material waste being charged into the  incinerator.  Each  such
         incinerator shall be equipped with a temperature recorder which  shall
         be operated continuously with the incinerator and the temperature .
         records shall be made available for inspection at the request of the
         Director.
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(50.1)                                 CHAPTER4

                          CONTROL OF PARTICIPATE  EMISSIONS

(50.1.2)4J_  Visible Emissions

        4.1.1  Visible Emissions Restriction  for  Stationary  Sources

            (a)  No person shall discharge into the atmosphere  from  any  single
                 source of emission whatsoever any  air contaminant of a  shade or
                 density darker than that designated as No.  1 on  the Ringelmann
                 chart or 20 percent opacity.

            (b)  A person may discharge into  the  atmosphere  from  any single
                 source of emission for a period  or periods  aggregating  not
                 more than three minutes in any 60  minutes air  contaminants
                 of a shade of density not darker than that  designated as
                 No. 3 on the Ringelmann chart or 60 percent opacity.

            (c)  The Director may approve exceptions to this Section for specific
                 sources which hold permits under Part 1.12; provided however,
                 such exceptions may be made  for  startup, shutdown,  load
                 change, and rate change or other short,  intermittent periods
                 of time upon terms approved  by the Director and  made a  part of
                 such permit.

            (d)  The provisions of this Section shall  not apply to combustion
                 sources in single-family and duplex dwellings  where such
                 sources are used for heating or  other domestic purposes.

        4.1.2  Visible Emissions Restrictions for Mobile Sources

            (a)  No person shall cause or permit  the emission of  visible air
                 contaminants from gasoline-powered motor vehicles,  operated
                 upon any street, highway, or other public place, for longer
                 than 5 consecutive seconds.

            (b)  No person shall cause or permit  the emission of  visible air
                 contaminants from diesel-powered motor vehicles  and other
                 movable sources of a shade or density darker than that  desig-
                 nated as No. 1 on the Ringelmann chart or 20 percent opacity
                 for longer than 5 consecutive seconds.

        4.1.3  Uncombined Hater

        Where the presence of uncombined water is the only reason for failure
        of an emission to meet the requirements of  this Part, such sections
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         shall  not apply.

(50.1)    4.2  Fugitive Dust

         4.2.1   No person  shall  cause,  suffer,  allow,  or permit any materials
         to be  handled, transported,  or stored;  or  a  building, its appurtenances,
         or a road to be used,  constructed,  altered,  repaired or  demolished
         without taking reasonable precautions  to prevent particulate matter
         from becoming airborne.   Such  reasonable precautions shall include,
         but not be limited to,  the following:

             (a)  Use, where possible,  of water or  chemicals for  control  of dust
                  in the demolition of  existing  buildings or structures,  construc-
                  tion operations, the  grading  of roads  or the clearing of land;

             (b)  Application of asphalt, oil,  water,  or suitable chemicals on
                  dirt roads, materials stock  piles,  and other surfaces which
                  create airborne dust  problems;

             (c)  Installation  and use  of hoods, fans, and fabric filters
                  (or other suitable control devices)  to enclose  and vent the
                  handling of dusty materials.   Adequate containment methods
                  shall be employed during sandblasting  or other  similar
                  operations.

         4.2.2   Visible Emissions Restrictions  Beyond  Lot Line

         No person shall cause  or permit the discharge of visible fugitive
         dust emissions beyond  the lot  line  of  the  property on which the  emissions
         originate.

         4.2.3   When dust, fumes, gases, mist,  odorous matter, vapors, or any
         combination thereof escape from a building or equipment  in such  a
         manner and amount as to cause  a nuisance or  to  violate any rule  or
         regulation, the Director may order  that the  building or  equipment in
         which  processing, handling and storage are done be tightly closed and
         ventilated in such a way that  all air  and  gases and air  or gas-borne
         material  leaving  the building  or equipment are  treated by removal or
         destruction of air contaminants before discharge to the  open air.

(51.5)    4.3  Fuel Burning Equipment

         4.3.1   Class 1 Counties:  No person shall  cause or permit the emission
         of particulate matter  from fuel-burning equipment in a Class 1 county
         in excess of the  amount shown  in Table 4-1 for  the heat  input allocated
         to such source.  For sources in Class  1 counties, interpolation  of the
         data in Table 4-1 for  heat input values between 10 million BTU/hr and
         250 million BTU/hr shall be accomplished by  the use of the equation:
                                              -36-

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                            E = 1.38H-0-44

where:  E = Emissions in "Ib/miTHon BTU

        H = Heat Input in millions of BTU/hr

4.3.2  Class 2 Counties

No person shall cause or permit the emission of particulate matter
from fuel-burning equipment in a Class 2 county in excess  of the amount
shown in Table 4-1 for the heat input allocated to such source.   For
sources in Class 2 counties, interpolation of the data in  Table  4-1  for
heat input values between 10 million BTU/hr and 250 million BTU/hr
shall be accomplished by the use of the equation:

                            E = 3.109H-0-589

where:  E = Emissions in 1 fa/million BTU

        H = Heat Input in millions of BTU/hr

4.3.3  For purposes of this Part, the total heat input from all  similar
fuel combustion units which discharge particulate matter through a
common stack at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter.

4.3.4  New fuel-burning sources emitting particulate matter shall be
subject to the rules and regulations for Class 1 Counties, Section
4.3.1, regardless of their location

                       TABLE 4-1  ALLOWABLE PARTICULATE MATTER
                                  EMISSION BASED ON HEAT INPUT

      Heat Input                 Allowable Emission (Ib/million  BTU)
(millions of BTU/hr)          Class 1 County             Class 2 County

         1.                        .5                        .8
        10.                        .5                        .8
        20.                        .37                       .53
        40.                        .27                       .35
        60.                        .23                       .28
        80.                        .20                       .24
       100.                        .18                       .21
       150.                        .15                       .16
       200.                        .13                       .14
       250.                        .12                       .12
 1,000,000.                        .12                       .12
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(50.1.1)  4.4  Process Industries  -  General

         4.4.1   Class 1  Counties

         No person shall  cause or permit the  emission  of  particulate matter  in any
         one hour from any source in a  Class  1  county  in  excess of  the  amount
         shown  in Table 4-2 for the process weight  per hour  allocated to such
         source.  For sources  in  Class  1  counties,  interpolation of the data
         in Table 4-2 for the  process weight  per  hour  values  up to  60,000  Ibs/hr
         shall  be accomplished by use of the  equation:

                                 E = 17.31 P0-16   p^>  30  tons/nr

         where:   E = Emissions in pounds  per  hour

                 P = Process weight per hour  in tons per  hour.

         4.4.2   Class 2 Counties

         No person shall  cause or permit the  emission  of  particulate matter  in
         any one hour from any source in a Class  2  county in  excess of  the
         amount shown in Table 4-2  for  the process  weight per hour  allocated to
         such source.  For sources  in Class 2 counties interpolation of the  data
         in Table 4-2 for the  process weight  per  hour  values  up to  60,000  Ibs/hr
         shall- be accomplished by use of the  equation:

                                 E = 4.10 P0-67     P<£30  tons/hr

         and interpolation and exterpolation  of the data  for process weight per
         hour values equal to  or  in excess of 60,000 Ibs/hr  shall be accomplished
         by use of the equation:

                                 E = 55.0 pO. 11-40   P>30  tons/hr

         where:   E = Emissions in pounds  per  hour

                 P = Process weight per hour  in tons per  hour

         4.4.3   Where the nature  of any process or  operation or the design of
         any equipment is such as to permit more  than  one interpretation of  this
         Part,  the interpretation that  results in the  minimum value for allowable
         emission shall  apply.

         4.4.4   For purposes of this Part, the total process  weight from all
         similar process units at a plant or  premises  shall  be used for determ-
         ining  the maximum allowable emission of  particulate matter that passes
         through a stack or stacks.
                                             -38-

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         4.4.5  New sources  subject to  this  Part emitting  particulate  matter
         shall be subject to the rules  and regulations  for Class  1  counties,
         Section 4.4.1,  regardless  of their location.

                       TABLE 4-2 ALLOWABLE  PARTICIPATE MATTER  EMISSION  BASED  ON
                                 PROCESS WEIGHT RATE

         Process Weight Rate                       Allowable  Emission  Rate  (Ib/hr)
              (Ib/hr)	                    Class 1  County    Class  2 County

                  100                                0.56              0.55
                  500                                1.52              1.62
                1,000                                2.34              2.57
                5,000                                6.33              7.57
               10,000                                9.76              12.05
               20,000                               14.97              19.18
               60,000                               29.83              39.96
               80,000                               31.23              42.53
              120,000                               33.33              46.30
              160,000                               34.90              49.06
              200,000                               36.17              51.28
            1,000,000                               46.79              68.96

(50.1.1) 4.5  Small Foundry  Cupola

         4.5.1  No person shall  cause or permit the emission  of particulate
         matter in any one hour from any small  foundry  cupola source in  excess
         of the amount shown in Table 4-3 for the process  weight per hour
         allocated to  such source.

         4.5.2  Where  the nature of any process or operation  or the design  of  any
         equipment is  such as to permit more than one  interpretation of  this
         Part, the interpretation that results  in the minimum value for  allowable
         emission shall  apply.

         4.5.3  For purposes of this Part, the  total process  weight from all
         similar process units at a plant or premises shall be used for  determin-
         ing the maximum allowable  emission of particulate matter that passes
         through a stack or  stacks.

         4.5.4  Foundry cupolas with a  process  weight rate greater  than  50,000
         pounds per hour shall be subject to the rules  and regulations of Part 4.4.
                                             -39-

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                      TABLE  4-3   ALLOWABLE  PARTICULATE MATTER EMISSION BASED
                                 ON  PROCESS WEIGHT  RATE FOR SMALL FOUNDRY CUPOLAS


         Process  Weight                           Allowable Emission Rate
           (Ib/hr)                                	(Ib/hr)	

             1,000                                          3.05
             2,000                                          4.70
             3,000                                          6.35
             4,000                                          8.00
             5,000                                          9.58
             6,000                                         11.30
             7,000                                         12.90
             8,000                                         14.30
             9,000                                         15.50
            10,000                                         16.65
            12,000                                         18.70
            16,000                                         21.60
            18,000                                         23.40
            20,000                                         25.10
            30,000                                         31.30
            40,000                                         37.00
            50,000                                         42.40
(51.1)    4.6  Cotton Gins
         4.6.1   No person shall  cause or permit the emission of participate matter
         in  any one hour from any cotton gin operation in  excess  of the  amount
         shown  in Table 4-4 for  the process  weight per hour allocated to such
         operation.  Particulate matter emissions  subject  to this Part include
         process emissions and incinerator emissions if any; provided, however,
         that this shall in no way relieve or affect the application of  Chapter
         3 to open burning and incineration  at cotton gin  operations.

         4.6.2   Where the nature of any process or operation or the design  of
         any equipment is such as to permit  more than one  interpretation of this
         Part,  the interpretation that results in  the minimum value for
         allowable emission shall  apply.

         4.6.3   For purposes of  this Part, the total  process weight from all
         similar process units at a plant or premises shall  be used for  determin-
         ing the maximum allowable emission  of particulate matter that passes
         through a stack or stacks.
                                             -40-

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                        TABLE  4-4   ALLOWABLE  PARTICULATE  MATTER  EMISSION  BASED
                                   ON  PROCESS WEIGHT RATE FOR  COTTON  GINS
         Process  Weight
         Rate (Ib/hr)

             1,000
             1,500
             2,000
             2,500
             3,000
             3,500
             4,000
             5,000
             6,000
             7,000
             8,000
(51.2)    4.9  Coke Ovens
     Allowable
Emission Rate (Ib/hr)

       1.6
       2.4
       3.1
       3.0
       4.7
       5.4
       6.2
       7.7
       9.2
      10.7
      12.2
                          REGULATIONS FOR COKE OVEN BATTERIES
Process Weight Allowable Emission
Rate (Ib/hr)   Rate (Ib/hr)
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
13.7
15.2
18.2
21.2
24.2
27.2
30.1
44.9
59.7
64.0
• 67.4
         4.9.1   Applicability

         The provisions of this Part shall  apply to the production of coke in
         existing conventional  slot-oven coke batteries with the exception of
         Section 4.9.10 which applied to new batteries.

         4.9.2  Unloading and Transfer of Coal  and Coke.  Every person operating
         coke ovens shall apply all  reasonable measures to prevent emissions
         from coal  unloading, transfer, and coke transfer.

         4.9.3  Charging

         There shall  be no visible emissions during the charging cycle from the
         charging holes or the larry car of any battery with an opacity which is
         greater than twenty percent (20%)  (equivalent to Ringelmann No. 1) except
         for an average period or periods not to exceed three (3) minutes of
         any consecutive sixty (60)  minutes on batteries with less than seventy
         (70) ovens nor more than four (4)  minutes of any consecutive sixty
         (60) minutes on batteries with seventy (70) ovens or more.

         4.9.5  Topside Emissions

             (a)  Any leak discovered on the topside of a battery shall be wet
                  sealed or the oven shall  not be recharged until the necessary
                  repairs are made.
                                              -41-

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    (b)  At no time shall there be leaks in more than ten percent (10%)
         of the offtake piping and no more than five percent (5%) of
         the charging hole lids on any one battery.

4.9.6  Coke Oven Doors

    (a)  There shall be no visible emissions except non-smoking flame,
         from any opening on the coke oven doors from more than fifteen
         percent (15%) of the coke oven doors on any battery at any
         time.

    (b)  If a self-sealing door fails to seal during the coking cycle,
         it shall be adjusted, repaired, or replaced prior to a
         subsequent charge of oven.

    (c)  Luted doors which fail to seal after the oven is charged shall
         be reluted promptly.

    (d)  Every person operating coke ovens shall have a facility to
         maintain and repair coke oven doors, and shall maintain an
         inventory of one (1) coke oven door per twelve (12) ovens
         operated.

4.9.7  Oven Maintenance

    (a)  All ovens shall be maintained in good condition to promote
         complete coking of coal.

    (b)  All coke oven cracks are to be sealed as soon as practicable
         after they are detected.

    (c)  As directed by the Director, reasonable records of the
         maintenance of oven doors, oven burners, and oven interiors
         are to be made and retained for a reasonable time.

4.9.8  Combustion Stacks

There shall be no visible emissions, other than water mist or vapor,
of a shade or density darker than that designated as No. 1 on the
Ringelmann chart or 20% opacity from any stack except for a period or
periods aggregating not more than three minutes in any consecutive
60 minutes.

4.9.9  Quenching

    (a)  No person shall operate a coke oven plant without baffles
         installed and properly operating in the quench towers.
                                     -42-

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             (b)   Water introduced to the quenching station  must  be  of a  quality
                  approved by the Director.

         4.9.10  Notwithstanding the specific limits set forth  in this Part,  in
         order to maintain the lowest possible emission  of air  contaminants,
         the highest and best practicable treatment and  control  for  particulate
         matter currently available shall be provided for any new coke producing
         facilities.

(51.17)   4.10  Primary Aluminum Plants

         4.10.1  Applicability

         This part applies to existing primary aluminum  plants  which will  or  do
         operate for the purpose of or related to producing  aluminum metal
         from aluminum oxide (alumina).

         4.10.2  Emission Limits

         The emission of particulate matter to the atmosphere from the baking of
         carbon anodes and from the reduction process, potlines of any primary
         aluminum reduction plant shall  not exceed 22 pounds per  ton of aluminum
         produced on a daily basis.

         4.10.3  Compliance

         Each primary aluminum plant shall be in compliance  with  the provisions
         of this part at the earliest possible date but  not  later than May 31,
         1975.  Nothing in this part shall negate the requirement for obtaining
         permits or submitting compliance schedules are  required  by  these rules
         and regulations.

(51.3)   4.11  Cement Plants

         4.11.1  Applicability

         This part applies to existing cement plants that have  a  process weight
         that is greater than 88.7 tons per hour; this part  also  applies to
         new cement plants and specifically exempts new  cement  plants from
         Section 4.4.5.

         4.11.2  Emission Limits

             (a)  No owner or operator shall cause,'permit,  or  allow the emissions
                  of particulate matter from the kiln which  is  in excess of
                  0.30 Ibs. per ton of feed to the kiln, maximum two-hour average.

             (b)  No owner or operator shall cause, permit,  or  allow the
                                              -43-

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emissions of participate matter from the  clinker  cooler which
is in excess of 0.10 Ibs. per ton  of feed to  the  kiln, maximum
two-hour average.
                            -44-

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(50.2)                                CHAPTER 5

                      CONTROL  OF  SULFUR  COMPOUND EMISSIONS

(51.6)   5.1   Fuel  Combustion

        5.1.1

            (a)  Priority Classification I  Regions  and  Jefferson  County.
                 No person shall  cause or permit  the operation  of a  fuel
                 burning installation in a  Sulfur  Dioxide  Priority Classification
                 I Air Quality Control Region  or  in Jefferson County in  such  a
                 manner that sulfur oxides, measured as sulfur  dioxide,  are
                 emitted in excess of 1.8 pounds  per million BTU  heat input.
                 (The old standard of 1.2 pounds  per million BTU  heat input
                 remains in effect for the  Widows  Creek Power Plant  in Jackson
                 County.)

            (b)  Priority Classification II and III Regions - No  person  shall
                 cause or permit the operation of  a fuel burning  installation
                 in a Sulfur Dioxide Priority  Classification II or III Air
                 Quality Control  Region  in  such a  manner that sulfur oxides,
                 measured as sulfur dioxide, are  emitted in excess of 4.0 pounds
                 per million BTU heat input.

        5.1.2  Air Quality Demonstration

        In addition to the requirements  of Section 5.1.1,  every owner or operator
        of a fuel  burning installation having  a total  rated capacity greater
        than 1500 million BTU per hour shall:

            (a)  Demonstrate, to the satisfaction  of the Director, that  the
                 sulfur oxides emitted,  either alone or in contribution  to
                 other sources, will not interfere, with attainment and mainten-
                 ance of any primary or secondary  ambient  air quality standard
                 prescribed at Part 1.6.

           •(b)  Demonstrate, to the satisfaction  of the Director, that  in
                 meeting the emission limitations  of Section 5.1.1,  the
                 installation will not increase emissions  to the  extent  that
                 resulting air quality concentrations will be greater than:

                 (1) those concentrations (either  measured or calculated) which
                     existed in 1970; or

                 (2) those concentrations (either  measured or calculated)
                     which existed during the  first year of operation of any
                     installation which  began  operating after January 1, 1970.
                                             -45-

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    (c)  Upon the direction of the Director,  install  and maintain air
         quality sensors to monitor attainment and maintenance of
         ambient air quality standards in the areas influenced by the
         emissions from such installation.   Results of such monitoring
         shall  be provided to the Director in a manner and form as he
         shall  direct.

5.1.3  For purposes of this Part, the total  heat input from all similar
fuel  combustion units at a plant, premises,  or installation shall be
used for determining the maximum allowable emission of sulfur dioxide
that passes through a stack or stacks.

5.1.4  All calculations performed pursuant to demonstrations required
by Section 5.1.2, shall assume that the fuel  burning installation is
operating at or above the maximum capacity which such installation is
capable of being operated.
Cherokee
Etowah
Calhoun
Cleburne
Talladega
Clay
Randolph
Coosa
Tallapoosa
Chambers
El mo re
Lee
                  PRIORITY I

                  Mobile
                  Baldwin
                  Escambia
                  Lauderdale
                  Limestone
                  Madison
                  Jackson
                  Colbert
                  Lawrence
                  Morgan
                  Marshall
                  DeKalb
                  Franklin
                  Marion
                  Cull man
PRIORITY III

  Autauga
  Perry
  Dallas
  Marengo
  Choctaw
  Mil cox
  Clarke
  Washington
  Monroe
  Conecuh
  Lowndes
  Montgomery
              PRIORITY II

              Lamar
              Pickens
              Sumter
              Fayette
              Tuscaloosa
              Hale
              Walker
              Bibb
              Blount
              Jefferson
              St. Clair
              Shelby
              Chi!ton
              Greene
Macon
Russell
Bullock
Butler
Crenshaw
Pike
Barbour
Covington
Coffee
Dale
Henry
Geneva
Houston
                                    -46-

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(51.18)U.  Sulfuric Acid Plants

        5.2.1   Applicability

        This  section applies to  existing  sulfuric  acid  plants operating as of
        January 18,  1972.

            (a)  No  person shall cause  or permit sulfur dioxide  tail gas
                 emissions from  sulfuric  acid  manufacturing  plants  to
                 exceed 27 Ibs.  per ton of 100 percent  sulfuric  acid produced;
                 provided  however,  that no sulfuric  acid manufacturing plant
                 emitting  less than 27  Ibs.  per ton  of  100 percent  sulfuric
                 acid produced shall  be allowed to increase  its  emission  rate.

            (b)  No  person shall cause  or permit tail gas acid mist emissions
                 to  exceed 0.5 Ibs. per ton of sulfuric acid produced, and
                 the sulfur trioxide emissions are not  to exceed 0.2 Ibs. per
                 ton of sulfuric acid produced.

        5.2.2  Applicability

        This  section applies to  all sulfuric acid  plants not included in
        Section 5.2.1.

            (a)  No  person shall cause  or permit the discharge into the
                 atmosphere of sulfur dioxide  in excess of 4 Ibs. per ton
                 of  sulfuric acid  produced, maximum  two-hour average.

            (b)  No  person shall cause  or permit the discharge into the
                 atmosphere of acid mist  which is  in excess  of 0.15 Ibs.  per
                 ton of acid produced maximum  two-hour  average,  expressed as
                 H2S04.

        5.2.3  There shall be installed,  calibrated, maintained, and operated
        in any sulfuric acid production unit subject to the  provisions of this
        Part, an instrument for  continuously monitoring and  recording emissions
        of sulfur dioxide.

        5.2.4  Any instrument and  sampling system  installed  and  used pursuant
        to this Part shall be subject to  the approval of the Director.

(51.15) 5.3  Petroleum Production

        5.3.1  Applicability

        This  regulation applies to facilities   that handle natural  gas  or refinery
        gas that contains more than 0.10 grains of hydrogen sulfide per standard
        cubic  foot  (SCF).
                                             -47-

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5.3.2  No person shall cause or permit the emission of a process  gas
stream containing more than 0.10 grains of hydrogen sulfide per SCF
into the atmosphere unless it is properly burned to maintain the  ground
level concentrations of hydrogen sulfide to less than 20 parts  per
billion beyond plant property limits,  averaged over a 30-minute period.

5.3.3  No person shall cause or permit the sulfur oxide emission  from
any facility designed to dispose of or process natural  gas  or refinery
gas containing more than 0.10 grains hydrogen sulfide per standard
cubic foot to exceed the following:
                          CATEGORY I COUNTIES
Available Sulfur
(Long Tons/Day)

Up to 5
      5 to 35
     35 to 75
Over 75
Available Sulfur
(Long Tons/Day)

Up to 10
      10 to 50
      50 to 100
Over 100
Permitted Emissions
of Sulfur Dioxide
No Limit
373 Ibs/hour
0.10 Ibs. S0,/lb.
0.08 Ibs. S
                  S processed
                  S processed
                         CATEGORY II COUNTIES
Permitted Emissions
of Sulfur Dioxide
No Limit
560 Ibs/hour
0.10 Ibs.
0.08 Ibs.
          S09/lb.
 S processed
 S processed
The allowable emissions of sulfur dioxide are increased as follows to
allow for dry acid gas streams containing less than 60 percent hydrogen
sulfide:
      Mol Percent of
      Hydrogen Sulfide
      in Dry Acid Gas

    50% but less than 60%
    40% but less than 50%
    30% but less than 40%
    20% but less than 30%
    Less than 20%
Additional S0?
Emissions Allowed
.02 Ibs. S09/lb.
.04 Ibs.
.06 Ibs.
.10 Ibs.
         SO'lb.
S processed
S processed
S processed
S processed
                                     -48-

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        5.3.4(a)   For purposes  of this  Part,  the  following  counties  are  classi-
        fied as Category I  Counties:  Jackson,  Jefferson, and  Mobile.

        5.3.4(b)   For purposes  of this  Part,  those  counties not  listed in
        paragraph 5.3.4(a)  are  classified  as  Category  II  Counties.

        5.3.5  Compliance with  this  Part shall  be determined by  both material
        balances  and stack  sampling.  New  plants  are required  either to  install
        monitors  to continuously determine the  sulfur  oxide emissions in terms
        of mass per unit of time or  to  determine  the sulfur oxide emissions
        by other means approved by the  Director.

        5.3.6  In calculating the ground level  concentration that results  from
        short-term waste gas or emergency  flaring,  it  shall  be assumed that
        only 75 percent of  the  heat  of  combustion is used to heat the products
        of combustion.

        5.3.7  Air Quality  Demonstration

        In addition to the  requirements of Section  5.3.3, every  owner or operator
        of a facility covered by Rule 5.3  shall  demonstrate, to  the  satisfaction
        of the Director, that the sulfur oxides  emitted,  either  alone or in
        conjunction with other sources, will  not interfere  with  attainment and
        maintenance of any  primary or secondary ambient air quality  standard.

        5.3.8  To insure that ambient air  quality standards are  met, an  annual
        review of Sulfur Dioxide Category  I and II  Counties will be  made by
        the staff.  Initial Sulfur Dioxide Category Classifications  and  any
        subsequent changes  to Sulfur Dioxide  Category  Classifications will be
        the subject of a public hearing.

(5T.21)  5.5  Process Industries - General

        5.5.1  Applicability

        This part applies to facilities not regulated  by Parts 5.1,  5.2, 5.3,
        and 5.4.

        5.5.2  No person shall  construct and  operate a new  or  modified sulfur
        compound emission source that does not  meet any and all  applicable
        New Source Performance Standards and  utilize the best  available  control
        technology, with consideration  to  the technical  practicability and
        economic reasonableness of reducing or  eliminating  the emissions from
        the facility.

        5.5.3  No person shall  construct and  operate a new  or  modified emission
        source that will cause  or contribute  to a condition such that either
        the primary or the  secondary sulfur dioxide ambient air  quality  standards
        are exceeded in the area.
                                              -49-

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 (50.4)                                CHAPTER  6

                          CONTROL OF HYDROCARBON EMISSIONS

 (51.16)  6.1   Storage of Volatile Organic  Materials

         6.1.1   No person shall  place,  store,  or hold  in  any  stationary  tank
         reservoir or other container of more  than 60,000 gallons capacity  any
         volatile organic compounds  unless such  tank,  reservoir, or  other
         container is a pressure tank capable  of maintaining  working pressures
         sufficient at all  times to  prevent vapor or gas  loss to the atmosphere  or
         is  designed, and equipped with one of the following  vapor loss  control
         devices:

             (a)   A floating roof, consisting  of a pontoon type, double  deck  type
                  roof or internal floating cover, 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.
                  This control equipment shall not be  permitted if the volatile
                  organic compounds  have a vapor pressure of  11.0 pounds per
                  square inch absolute (568 mm.Hg) or  greater under  actual  storage
                  conditions. All tank gauging  or sampling devices  shall be
                  gas-tight except when tank gauging or sampling is  taking  place.

             (b)   A vapor recovery system, consisting  of  a vapor gathering  system
                  capable of collecting the volatile organic  compound 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.

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

             (d)   No person shall place, store,  or hold in any new stationary
                  storage vessel more than 1,000-gallon capacity any volatile
                  organic compound unless  such vessel  is  equipped with a permanent
                  submerged fill pipe or is a  pressure tank as described in
                  paragraph (a)  above,  or  is fitted with  a system as described
                  in paragraph (b) above.   Existing stationary storage vessels
                  shall employ portable submerged fill pipes  or be equipped
                  with permanent submerged fill  pipes.

         6.1.2  This Part shall  not  apply  to crude petroleum  produced, separated,
         treated or stored in the field.

(51.16)   6.2  Volatile Organic Materials Loading Facilities

         6.2.1   No person shall  load any volatile organic compounds  into any  tank,
                                             -50-

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        truck or trailer from any terminal or bulk storage facility handling
        more than 50,000 gallons per day unless such terminal or facility
        is equipped with a vapor collection and disposal system, or its equiva-
        lent, properly installed, in good working order; and in operation a
        loading system which will result in a 95 percent submerged fill either
        with a submerged fill pipe or by loading from the bottom.

        6.2.2  No person shall load any volatile organic compounds into any tank,
        truck, or trailer having a capacity in excess of 200 gallons, unless
        such loading facility is equipped as set forth in Paragraph 6.2.1.  Where
        the vapor collection and disposal system is utilized, the loading arm
        shall be equipped with a vapor collection adaptor, pneumatic, hydraulic,
        or other mechanical means which will provide a vapor-tight seal between
        the adaptor and the hatch.  A means shall be provided to prevent liquid
        organic compounds drainage from the loading device when it is removed
        from the hatch of any tank, truck or trailer.  When loading is effected
        through means other than the hatches, all loading lines shall be equipped
        with fittings which make vapor-tight connections and which close
        automatically when disconnected.

        6.2.3  This Part shall not apply to crude petroleum produced, separated,
        treated or stored in the field.

(51.16) 6.3  Volatile Organic Compound Water Separation

        6.3.1  No person shall use any compartment of any single or multiple
        compartment volatile organic compound water separation which receives
        effluent water containing 1,000 gallons a day or more of any volatile
        organic compound from processing, refining, treating, storing, or hand-
        ling volatile organic compounds unless such compartment 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.

            (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 be
                 equipped with a closure seal or 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.

            (c)  A container equipped with a vapor recovery system consisting of
                 a vapor gathering system capable of collecting the hydrocarbon
                 vapors and gases discharged and a vapor disposal system capable
                                             -51-

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                 of processing such hydrocarbon  vapors  and  gases  so  as  to  prevent
                 their emission to the atmosphere  and with  all  container gauging
                 and sampling devices  gas-tight  except  when gauging  or  sampling
                 is taking place.

            (d)   A container having other equipment  of  equal efficiency for
                 purposes of air pollution control as may be approved by the
                 Director.

(51.16) 6.4  Pumps and Compressors

        All pumps and compressors  handling volatile  organic compounds shall have
        mechanical seals or other equipment of equal efficiency for  purposes of
        air pollution control  as may be approved by  the Director.

(51.21)6.5.  Waste Gas Disposal

        No person shall  emit a waste gas stream  from any ethylene producing
        plant into the atmosphere unless the waste gas  stream is  properly
        burned at 1,300°F for .03 seconds or greater in a direct-flame
        afterburner equipped with  an indicating  pyrometer which is positioned
        in the working area at the operator's eye  level or  an equally effective
        catalytic vapor incinerator also with pyrometer.

(50.4)   6.6  Organic Solvents

        6.6.1  A person shall  not discharge into the atmosphere more than
        15 pounds of organic materials in any one  day,  nor  more than 3  pounds
        in any one hour, from any article, machine,  equipment or  other  contrivance
        in which any 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, unless said discharge has been reduced  by
        at least 85 percent.  Those portions of  any  series  of articles, machines,
        equipment or other contrivances designed for processing a continuous
        web,  strip or wire which emit  organic materials and using operations
        described in this section shall  be collectively subject to compliance
        with  this section.

        6.6.2  A person shall  not discharge into the atmosphere more than  40
        pounds of organic materials in any one day,  nor'more than 8  pounds in
        any one hour, from any article,  machine, equipment  or other  contrivance
        used  under conditions  other than described in Section 6.6.1  for employing,
        or applying, any photochemically reactive  solvent,  as defined in
        Section 6.6.9, or material containing such photochemically reactive
        solvent, unless said discharge has been  reduced by  at least  85  percent.
        Emissions of organic materials into the  atmosphere  resulting from  air
        or heated drying of products for the first 12 hours after their removal
        from any article, machine, equipment, or other  contrivance described in
                                            -52-

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this section shall  be included in determining compliance  with  this
section.  Emissions resulting from baking,  heat-curing, or  heat-
polymerizing as described in Section 6.6.1  shall  be  excluded  from
determination of compliance with this section.   Those  portions  of any
series of articles, machines, equipment or  other contrivances  designed
for processing a continuous web, strip or wire which emit organic
materials and using operations described in this section  shall  be
collectively subject to compliance with this section.

6.6.3  Emissions of organic materials to the atmosphere from  the
cleanup with photochemically reactive solvents, as defined  in  Section
6.6.2 of any article, machine, equipment, or other contrivance described
in Sections 6.6.1 or 6.6.2, shall be included with the other  emissions
of organic materials from that article, machines, equipment,  or other
contrivance for determining compliance with this rule.

6.6.4  Emissions of organic materials into  the atmosphere required  to
be controlled by Sections 6.6.1  and 6.6.2,  shall  be  reduced by:

    (a)  Incineration, provided that 90 percent or more of  the carbon  in
         the organic material being incinerated is oxidized to carbon
         dioxide, or

    (b)  Adsorption, or

    (c)  Processing in a manner determined  by the Director  to be  not less
         effective than paragraphs (a) or (b) above.

6.6.5  A person incinerating, adsorbing, or otherwise  processing  organic
materials pursuant to this Part shall provide, properly  install,  and
maintain in calibration, in good working order and  in  operation,  devices
as specified in the permit to construct or  the permit  to  operate,  or as
specified by the Director, for indicating temperatures,  pressures,  rates
of flow, or other operating conditions necessary to  determine the degree
and effectiveness of air pollution control.

6.6.6  Any person using organic solvents or any materials containing
organic solvents shall supply the Director, upon request  and  in the
manner and form prescribed by him, written  evidence  of the  chemical
composition, physical properties, and amount consumed  for each organic
solvent used.

6.6.7  The provisions of this Part shall not apply  to:

    (a)  The manufacture of organic solvents, or the transport or storage
         of organic solvents or materials containing organic  solvents.

    (b)  Paint spray booth installations.
                                     -53-

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    (c)  The employment, application,  evaporation  or drying of saturated
         halogenated hydrocarbons or organic compounds  in  which all
         olefinic groups contain 3 or more hydrogen  atoms.

    (d)  The use of any material in any article, machine or equipment
         described in Section 6.6.1, 6.6.2,  or 6.6.3, if:

         (1) The volatile content of such  material consists only of
             water and organic solvents, and

         (2) The organic solvents comprise not more  than 20 percent  of
             said volatile content, and

         (3) The volatile content is not photochemically reactive as
             defined in Section 6.6.9.

    (e)  Coatings applied to permanently located structures or surfaces.

6.6.8  For the purposes of this Part,  organic solvents  include diluents
and thinners and are defined as organic materials  which are liquids  at
standard conditions and which are used as  dissolvers, viscosity reducers,
or cleaning agents.

6.6.9  For the purposes of this Part,  a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its total
volume composed of the chemical compounds  classified below or which
exceeds any of the following individual percentage composition limitations,
referred to the total volume of solvent:

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

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

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

Whenever any organic solvent or any constitutent 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.

6.6.10  For the purposes of this Part, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, etallic carbides,  metallic carbonates, and
                                     -54-

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        ammonium carbonate.

(51.21)   6.7  Disposal  and Evaporation of Solvents

        A person shall  not,  during any one day,  dispose of a  total of more
        than 1.5 gallons  of any photochemically  reactive  solvent, as defined
        in Section 6.6.9, or of any material  containing more  than 1.5 gallons
        of any such photochemically reactive  solvent  by any means which will
        permit the evaporation of such solvent into the atmosphere.

(2.0)    6.8  Application  of Chapter

        The provisions  of Parts 6.4, 6.5, 6.6, and 6.7 shall  only apply to Mobile
        County.
                                             -55-

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(50.5)                                 CHAPTER 7

                        CONTROL OF CARBON  MONOXIDE  EMISSIONS

         7.1   No person shall  emit the carbon monoxide  gases  generated  during  the
         operation of a grey iron cupola,  blast  furnace,  or basic  oxygen  steel
         furnace unless they are burned at 1,300°F  for  0.3 seconds  or greater
         in a direct flame afterburner or  equivalent  device equipped with an
         indicating pyrometer which is positioned in  the  working area at  the
         operator's eye level.

         7.2  No person shall  emit carbon  monoxide  waste  gas  stream from  any
         catalyst regeneration of a petroleum cracking  system,  petroleum  fluid
         coker,  or other petroleum process into  the atmosphere, unless  the waste
         stream  is burned at 1,300°F for 0.3  seconds  or greater in  a direct-
         flame afterburner or boiler equipped with  an indicating pyrometer which
         is positioned in the working area at the operator's  eye level.
                                            -56-

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(50.3)                                 CHAPTERS

                       CONTROL OF NITROGEN  OXIDES  EMISSIONS

(51.7)    8.1   New Combustion Sources

         8.1.1  No person shall  cause  or permit  emissions of  nitrogen oxides  from
         a new gas-fired boiler with a capacity  of 250  million BTU/hr or more in
         excess of 0.20 pounds per million  BTU of  heat  input  per  hour.
                No person shall  cause or permit emissions  of  nitrogen oxides
                new oil-fired boiler with a  capacity  of  250 million BTU/hr
         8.1.2
         I I U'll Q IIWI* Wit  I 1 I W M kSWtlWI  FI * Wl I  M  W VI f^MW I WJ  V P  b»*W  1111 I I I W I I W 1 W/ I t f
         or more in excess  of 0.30 pounds  per  million BTU  of heat input per  hour.

         8.1.3  No person  shall  cause or permit emission of  nitrogen  oxides
         from a new coal-fired boiler with a capacity of 250 million  BTU per
         hour or more in excess  of 0.7  pounds  per  million  BTU of heat input
         per hour.

         8.1.4  For purposes of this  Part, the  total  heat  input  from  all similar
         fuel  combustion units at a plant  or premises shall  be used for
         determining the maximum allowable emission  of  nitrogen  oxides that
         passes through  a  stack  or stacks.

(51.10)   8.2  Nitric Acid  Manufacturing

         No person shall cause or permit the emission of nitrogen oxides calcu-
         lated as nitrogen  dioxide, from nitric acid manufacturing plants  in
         excess of 5.5 pounds per ton of 100 percent acid  produced.
                                             -57-

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                             CLASS I  COUNTIES
COUNTY
Autauge
Calhoun
Coffee
Colbert
Covington
Cull man
Dale
Etowah
Houston
Jackson
Jefferson
Lauderdale
Lee
Madison
Mobile
Montgomery
Morgan
Pike
Russell
St. Clair
Shelby
Talladega
Tuscaloosa
Walker
Justification
Urban Popu-
lation
Exceeded 50%
X
X
X
X
X

X
X
X

X
X
X
X
X
X
X
X
X


X
X

Secondary Nation
Ambient Air Quality
Standard is Exceeded

X

X

X

X
X
X
X
X

X
X
X
X
X
X
X
X
X
X
X
% Urban
Population
(1)
53.6
64.1
58.0
58.1
56.6

62.3
72.1
64.9

68.4
50.0
68.2
78.6
82.1
82.8
58.7
56.7
55.7


53.2
74.0

Ambient Air
Qua! i ty
(2)
*
94
*
130
46
87
*
142
76
127
170
114
*
60
no
124
74
67
70
74
82
115
94
103
(1) % Urban Population As Defined By The U.S.  Department of Commerce
    Census Bureau for 1970.

(2) Air Quality Measured As  Micrograms of Suspended Particulates  Per
    Cubic Meter of Ambient Air (ug/m3) in 1971.   (National  Ambient
    Air Quality Secondary standard for particulate is  60 ug/mj annual
    geometric mean)

*   No Data
**
Three hour maximum values for sulfur dioxide are 0.993 ppm for
Jefferson County and 1.10 ppm for Mobile County (National  Ambient
Air Quality Secondary standard for sulfur oxides is 0.5 ppm as a
maximum three-hour concentration not to be exceed more than once a
year).
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(10.0)                               CHAPTER  10
                             CONTROL OF COMPLEX  SOURCES
(3.0)     10.1   Permit Required
         10.1.1   Permit to Construct
         Any person building, erecting, altering or  replacing  any  complex
         source of the sizes specified in  Section 10.1.2  shall  first obtain
         authorization from the Director in  the  form of a Permit to Construct.
         10.1.2  Sizes of Sources  Required to Obtain Permit
             (a)  For parking facilities located in  counties with  a population
                  of greater than  200,000:
                  (1)  New parking facilities with a capacity  of greater than
                       1000 spaces.
                  (2)  Modifications to existing parking  facilities that will
                       increase capacity by  500  spaces or more.
             (b)  For parking facilities located in  counties with  a population  of
                  less than 200,000:
                  (1)  New parking facilities with a capacity  of greater than
                       2000 spaces.
                  (2)  Modifications to existing parking  facilities that will
                       increase capacity by  1000 spaces or more.
             (c)  For other sources regardless  of location:
                  (1)  Any new roadway or modification to an existing  roadway
                       whose projected traffic  volume within 10 years  of
                       completion  will be greater than 2000  vehicles per hour.
                  (2)  Any new airport that  would be expected  to have  greater  than
                       50,000 scheduled commercial landings  per year and any
                       modifications to an existing  airport  that would be  expected
                       to cause an increase  of  50,000 scheduled commercial  landings
                       per year.
         10.1.3  Applications
         Every application for a Permit to Construct required  under this Chapter
         shall be filed in the manner and form  prescribed by the Director  and  shall
                                              -59-

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give all the information necessary to enable the Director to make
the determination required by Section 10.1.4.  This information shall
include but not be limited to:

    (a)  estimates of the nature and amount of emissions to be emitted
         by associated mobile sources.

    (b)  the location, design, construction, operation and accessability
         of such a facility.

10.1.4  Standards for Granting Applications

The Director shall deny a Permit to Construct where he determines that
the construction and operation of such source will  interfere with
attaining or maintaining any primary or secondary standard established
by Section 1.6.1.

10.2  The issuance of a Permit to Construct shall  not affect the
responsibility of the owner or operator to comply with applicable portions
of the control strategy.
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(10.0)                                 CHAPTER  12

                  STANDARDS OF PERFORMANCE  FOR NEW  STATIONARY SOURCES

(2.0)    12.1   General

         12.1.1  The Environmental  Protection  Agency Regulations  on Standards
         of Performance for New Stationary  Sources  (40 CFR,  Part  60)  designated
         in Part 12.2 are incorporated by reference as they  exist on the date  of
         adoption and promulgation  by the Commission into  these regulations
         as amended by the word or  phrase substitutions given  in  Part 12.3.
         References for specific documents  containing the  complete text of subject
         regulations are given in Appendix  C.

         12.1.2  In the event of any conflict  between the  regulations contained
         in this chapter and regulations contained  in other  chapters, the regu-
         lations of Chapter 12 will take precedence for standards of performance
         for new stationary sources unless  the existing regulations are more
         stringent.

         12.1.3  Definitions

         For purposes of this chapter, the  definitions listed  in  Section 60.2
         Subpart A, Part 60, Title  40 of the Code of Federal Regulations will
         apply.

(10.0)    12.2  Designated Standards of Performance

         12.2.1 Subpart D - Fossil  Fuel-Fired  Steam Generators  (units of more  than
         63 million kcal per hour heat input).

         12.2.2 Subpart E - Incinerators (units of more than 50  tons per day
         charging rate).

         12.2.3 Subpart F - Portland Cement Plants  (kiln,  clinker cooler, raw
         mill  system, finish mill system, raw  mill  dryer,  raw  material storage,
         clinker storage, finish product storage, conveyor transfer points,
         bagging and bulk loading and unloading systems).

         12.2.4 Subpart G - Nitric  Acid Plants (nitric acid  production units).

         12.2-.5 Subpart H - Sulfuric Acid Plants (sulfuric acid  production units).

         12.2.6 Subpart I - Asphalt Concrete Plants (dryers, systems for screening,
         handling, storing, and weighing hot aggregate; systems  for loading,
         transferring, and storing  mineral  filler;  systems for mixing asphalt
         concrete; and the loading, transfer and storage systems  associated  with
         emission control systems).
                                             -61-

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12.2.7  Subpart J - Petroleum Refineries  (fluid catalytic cracking
unit catalyst regenerators, fluid catalytic cracking unit incinerator-
waste heat boilers and fuel gas combustion devices).

12.2.8  Subpart K - Storage Vessels for Petroleum Liquids (storage
vessels with a capacity greater than 40,000 gallons).

12.2.9  Subpart L - Secondary Lead Smelters (pot furnaces of more  than
550 pounds charging capacity, blast (cupola)  furnaces  and reverberatory
furnaces).

12.2.10  Subpart M - Secondary Brass and  Bronze Ingot  Production Plants
(reverberatory and electric furnaces of 2,205 pounds or greater produc-
tion capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity).

12.2.11  Subpart N - Iron and Steel Plants (basic oxygen process furnace).

12.2.12  Subpart 0 - Sewage Treatment Plants  (incinerators which burn  the
sludge produced by municipal sewage treatment faci1ities).

12.2.13  Subpart P - Primary Copper Smelters  (dryer, roaster, smelting
furnace, and copper converter).

12.2.14  Subpart Q - Primary Zinc Smelters (roaster and sintering  machine)

12.2.15  Subpart R - Primary Lead Smelters (sintering  machine, sintering
machine discharge end, blast furnace, dross reverberatory furnace,
electric smelting furnace, and converter).

12.2.16  Subpart S - Primary Aluminum Reduction Plants  (potroom groups
and anode bake plants).

12.2.17  Subpart T - Wet Process Phosphoric Acid Plants (any combination
of reactors, filters, evaporators, and hotwells).

12.2.18  Subpart U - Super-phosphoric Acid Plants (any  combination  of
evaporators, hotwells, acid sumps, and cooling tanks).

12.2.19  Subpart V - Pi ammonium Phosphate Plants (any  combination  of
reactors, granulators, dryers, coolers, screens and mills).

12.2.20  Subpart W - Triple Superphosphate Plants - (any combination of
mixers, curing belts (dens), reactors, granulators, dryers, cookers,
screens, mills, and facilities which store run-of-pile triple super-
phosphate) .

12.2.21  Subpart X - Granular Triple Superphosphate Storage Facilities -
                                     -62-

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         (any combination of storage or curing  piles,  conveyors, elevators,
         screens,  and mills).

         12.2.22  Subpart Y -  Coal  Preparation  Plants  (units which process more
         than 200  tons per day:   thermal  dryers,  pneumatic  coal-cleaning equipment
         (air tables), coal processing and  conveying equipment  (including breakers
         and crushers), coal storage systems, and coal  transfer and  loading
         systems).

         12.2.23  Reserved

         12.2.24  Subpart AA - Steel Plants (Electric  arc furnaces and  dust-
         handling  equipment).

(2.0)     12.3  Word or Phrase Substitutions

         In all  the standards  designated in Part  12.2  substitute:

         12.3.1   Director for Administrator

         12.3.2  Commission for U.  S.  Environmental Protection  Agency  (except
         in references).
                                             -63-

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(9.0)                                 CHAPTER 14
                                 CONTINUOUS  MONITORING
                           REQUIREMENTS FOR  EXISTING SOURCES

(1.0)   14.1   Definitions

        14.1.1   For the purposes  of this Chapter,  the following  terms will have
        the meanings ascribed in  this  part:

            (a)   "Emission standard" means a regulation  (or portion  thereof)
                 setting forth an allowable  rate of emissions, level of opacity,
                 or prescribing equipment or fuel  specifications  that result
                 in control  of air pollution emissions.

            (b)   "Capacity factor" means the ratio of the  average load on a
                 machine or equipment  for the period of  time  considered to  be the
                 capacity rating  of the machine or equipment.

            (c)   "Excess emissions" means emissions of an  air pollutant in
                 excess of an emission standard.

            (d)   "Sulfuric acid plant" means any facility  producing  sulfuric
                 acid by the contact process by burning  elemental  sulfur,
                 alkylation acid, hydrogen sulfide, or acid sludge,  but does
                 not include facilities where conversion to sulfuric acid is
                 utilized primarily as a means of  preventing  emissions to the
                 atmosphere of sulfur  dioxide or other sulfur compounds.

            (e)   "Fossil fuel-fired steam generator" means a  furnace or boiler
                 used in the process of burning fossil fuel for  the  primary
                 purpose of producing  steam  by heat transfer.

(9.0)   14.2  Emission Monitoring and  Reporting Requirements
(13.0)
        14.2.1   Sources in the following categories which  initiated  construction
        prior to August 17,  1971, are  subject to the requirements of this Chapter:

            (a)   Fossil fuel-fired steam generators

            (b)   Sulfuric acid plants

        Sources  in these categories which are constructed  after  August 17,  1971,
        are subject to the emission monitoring requirements of Chapter 12.
        This  Chapter is intended  to supplement existing  regulations, and no
        part thereof shall be construed to interfere with  the enforcement of
        other provisions of the Alabama Air  Pollution Control Rules  and Regula-
        tions.
                                            -64-

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14.2.2  The Director shall  require the owner or operator  of  an  emission
source listed in Section 14.2.1  to install,  calibrate,  operate,  and
maintain all monitoring equipment necessary  for continuously monitoring
the pollutants specified in Sections 14.2.3  and 14.2.4.   The specific
source categories listed in Section 14.2.1 must complete  the installation
and performance testing of monitoring equipment and begin monitoring
and recording within eighteen months from the date of the Environmental
Protection Agency's approval of these regulations.   Within 6 months of
such approval, all affected sources must present a detailed  plan for
complying with the requirements  of this Chapter to the Director.  The
Director shall condition written approval of such plan upon  the requirement
that the plan will meet the minimum reporting requirements set  forth
in Divisions 4 and 5 of Appendix P of 40 CFR 51.  More stringent reporting
procedures may be required in the Director's discretion.

14.2.3  Fossil fuel-fired steam generators,  as defined in this  Chapter,
with an annual average capacity factor of greater than thirty percent,
as reported to the Federal  Power Commission  for calendar  year 1974, or
as otherwise demonstrated to the Director by the owner or operator,
shall conform with the following monitoring  requirements  when such
facility is subject to an emission standard  for the pollutant in question:

    (a)  A continuous monitoring system for  the measurement  of  opacity
         shall be installed, calibrated, maintained, and  operated by
         the owner or operator of any such steam generator of greater
         than 250 million BTU per hour heat  input except  where:

         (1) gaseous fuel is the only fuel burned, or

         (2) oil or a mixture of gas and oil are the only fuels burned
             and the source is able to comply with the applicable parti-
             culate matter collection equipment, and where the  source  has
             never been found, through any administrative or judicial
             proceedings, to be in violation of any visible  emission
             standard of the applicable plan.

    (b)  A continuous monitoring system for  the measurement  of sulfur
         dioxide shall be installed, calibrated, maintained, and operated
         on any fossil fuel-fired steam generator of greater than 250
         million BTU per hour heat input which has installed equipment
         designed for the desulfurization of flue gas.

    (c)  A continuous monitoring system for  the measurement  of the
         percent oxygen or carbon dioxide in stack gases  shall  be
         installed, calibrated, operated, and maintained  on  fossil
         fuel-fired steam generators where measurements of oxygen or
         carbon dioxide in the flue gas are  required to convert sulfur
         dioxide continuous emission monitoring data, to  units  of the
         emission standard in Chapter 5.
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        14.2.4  Sulfuric acid plants,  as  defined  in  this  Chapter, with  greater
        than 300 tons per day production  capacity, the  production being expressed
        as TOO percent acid,  shall  install,  calibrate,  maintain, and  operate a
        continuous monitoring system for  the measurement  of  sulfur  dioxide  for
        each sulfuric acid producing facility within such plant.

        14.2.5  All  monitoring equipment  specified in this Chapter  shall meet
        the performance specifications described  in  Appendix B  of 40  CFR 60,
        except that the Director may from time to time  specify  different data
        averaging times and sampling intervals to permit  accurate determinations
        of compliance with specific Air Pollution Control  Rules and Regulations.

        The monitoring equipment shall  also  be installed,  calibrated, operated,
        and maintained in accordance with the procedures  in  Appendix  B  of 40 CFR
        60 and the minimum specifications of Division 3 in Appendix P of 40 CFR
        51.

(7.0)   14.3  Monitoring System Malfunction

        14.3.1  Malfunctions  of a monitoring system  required in this  Chapter
        which last more than  48 hours  must be reported  as  expeditiously as
        possible to the Director in a  written report.  This  report  should
        include statements as to the time the monitor malfunctioned,  the nature
        of the malfunction, the corrective action being taken,  the  estimated
        repair time, and any  other  information needed to  demonstrate  to the
        Director that the malfunction  was unavoidable.  The  Director  shall  be
        informed of the time  at which  the monitor again becomes operational.

        14.3.2  The Director  may temporarily exempt  an  owner or operator from
        the monitoring and reporting requirements of this  Chapter if  it is
        demonstrated to the Director's satisfaction  that  the malfunction was
        unavoidable and is being repaired as expeditiously as possible.

(9.0)   14.4  Alternate Monitoring  and Reporting  Requirements
(13.0)
        14.4.1  Alternative monitoring and reporting requirements may be
        approved by the Director on a  case-by-case basis,  provided  the  following
        statements and explanations are contained in a  written  request  to the
        Director:

            (a)  the basis or reason that alternative monitoring and  reporting
                 requirements are desirable  and necessary;

            (b)  a proposal of alternative monitoring and reporting requirements;

            (c)  any other information needed by  the Director to make a
                 determination of the desirability of alternative requirements.
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        14.4.2  Request for alternative monitoring and reporting requirements
        may be made in certain  situations,  including, but  not  limited to, the
        following:

            (a)  when installation  of a continuous monitoring  system or device
                 required by this Chapter would  not  provide accurate determina-
                 tions of emissions;

            (b)  when the affected  facility is operated  less than  30 days per
                 year;

            (c)  when effluents from  two or more sources of significantly
                 different design and operating  characteristics are combined
                 before release to  the atmosphere or when  the  effluent from
                 one source is  released to  the atmosphere  through  more than
                 one point;

            (d)  when the Director  determines that the requirements prescribed
                 by this Chapter would impose an extreme economic  burden on the
                 source owner or operator.   The  determination  of an extreme
                 economic burden shall be made on the basis of.whether meeting
                 the requirements prescribed by  this Chapter would produce
                 serious hardship without equal  or greater benefit to the
                 public;

            (e)  when the monitoring  systems prescribed  by this Chapter cannot
                 be installed due to  physical limitations  at the facility.  The
                 determination  of such limitations shall be made on the basis of
                 whether meeting the  requirements prescribed by this Chapter
                 would necessitate  significant reconstruction  of the facility.

        14.4.3  The Director may require the submission  of additional information
        as  he deems appropriate to  evaluate the  request  for alternative require-
        ments.  Upon making a determination that the source should be subject to
        alternative monitoring  and  reporting requirements, the Director may
        approve either the proposed alternative  monitoring and reporting require-
        ments or any other monitoring and reporting  requirements that he deems
        appropriate and feasible.

(2.0)    14.5  Exemptions and Extensions

        14.5.1  The Director may exempt any source from  the requirements of this
        Chapter if such source  is scheduled for  permanent  shut down by October 6,
        1980, provided that adequate  evidence and guarantees are provided  to
        clearly show that the source  will cease  operations prior to such date.

        14.5.2  The Director may grant reasonable extensions of the time provided
        for installation of monitors  for facilities  unable to  meet the prescribed
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18-month time frame, provided that the owner or operator of such facility
demonstrates that good faith efforts have been made to obtain and install
such devices within the prescribed timeframe.

14.5.3  If, prior to September 11, 1974, an affected source purchased
an emission monitor which does not conform to the requirements of
Appendix B of 40 CFR 60, then the source may be granted a five-year
period from the date of the Environmental Protection Agency's approval
of this revision, during which time the monitor installed on that
source is exempt from applicable performance specifications.
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AIR POLLUTION CONTROL RULES AND REGULATIONS



            CITY OF HUNTSVILLE
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(2.0)                                 CHAPTER 1

                                 GENERAL  PROVISIONS

(2.0)     1.1   Declaration of Policy and Purpose

         1.1.1  It is hereby declared to  be the  public policy  of the  City  of
         Huntsville and the purpose of these regulations  to  achieve and  maintain
         for the City of Huntsville and police jurisdiction  such levels  of
         air quality as will protect human health  and  safety,  and to  the greatest
         degree practicable, prevent injury to plant and  animal  life  and property,
         foster the comfort and convenience of the people, promote the social
         development of the City of Huntsville and facilitate  the enjoyment
         of the natural attractions of this city.

         1.1.2  To these ends it is the purpose  of these  regulations  to  provide
         for a coordinated program of air pollution  prevention,  abatement  and
         control within the City of Huntsville and its police  jurisdiction;
         to facilitate cooperation with the Alabama  Air Pollution Control
         Commission and to provide a framework consistent with Act 769,  Alabama
         Legislature, Regular Session 1971, within which  all values may  be
         balanced in the public interest.

(2.0)     1.2  Structure and Numbering of  Rules and Regulations

         1.2.1  Title and Scope

         The provisions contained in these rules and regulations shall be  known
         and may be cited as the City of  Huntsville  Air Pollution Control  Rules
         and Regulations, and shall apply to all activities  and  all persons in
         Huntsville, Alabama city limits  and police  jurisdiction.

         1.2.2  Chapters

         The normal division of these rules and  regulations  are  chapters,  which
         should encompass a broad subject matter.  Chapters  are  numbered
         consecutively in Arabic throughout the  rules  and reguations.

         1.2.3  Parts

         The normal division of chapters  is parts.  A  part should be  devoted
         to a specific subject matter within a chapter.  Parts are numbered
         consecutively in Arabic throughout each chapter  and shall include the
         number of the chapter set off by a decimal  point.   Thus, the part
         number for part 15 within Chapter 3 is  3.15.
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          1.2.4   Sections

          The  normal  divisions of  parts are sections.  The section is the basic
          unit of these  rules and  regulations.  Sections are numbered consecutively
          in Arabic  throughout each  part and shall  include the numbers of the part
          set  off by a decimal point.  Thus, the section number for Section 26
          of Part 3.15 is  3.15.26.

          1.2.5   Internal  Division of  Sections

          Whenever internal  divisions  are  necessary, sections shall be subdivided
          into paragraphs,  paragraphs  into subparagraphs, and subparagraphs into
          subdivisions,  designated as  follows:

              Terminology:                     '    Illustrative Symbol:

              Paragraph                                  (a)

              Subparagraph                                (1)

              Subdivision                                (i)

          1.2.6   Promulgation Procedure

          All  requirements and provisions  subject  to inclusion in these rules
          and  regulations  shall  be drafted as amendments to the Huntsville Air
          Pollution  Control  Rules  and  Regulations  and prepared in accordance
          with the provisions of this  part and with, insofar as it applies and
          does not conflict with this  part, the provisions of Part 17 of Title 1
          of the Code of Federal Regulations, or Alabama Air Pollution Control
          Act  of 1971, as  the same may be  amended  or revised.
(1.0)      1.3  Definitions
          As  used in these rules  and  regulations,  terms shall have the meanings
          ascribed in this part.

          1.3.1   "Act" shall  mean the Alabama Air  Pollution Control Act of 1971,
          Act No. 769, Regular Session,  1971.

          1.3.2   "Air Contaminant" shall mean any  solid,  liquid, or gaseous
          matter, any odor,  or any combination  thereof, from whatever source.

          1.3.3   "Air Pollution"  shall mean  the presence  in the outdoor atmosphere
          of  one or more air contaminants  in such  quantities and duration as are,
          or  tend to be, injurious to human  health or welfare, animal or plant
          life,  or property,  or would interfere with the  enjoyment of life or
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property throughout the city and in such territories  of the city as
shall be affected thereby.

1.3.4  "APC" shall mean air pollution control.

1.3.5  "Air Pollution Control Of f icer" shall  mean the Air Pollution
Control Officer of the Air Pollution Control  Department of the City  of
Huntsville, or in his absence, the Assistant Air Pollution Control
Officer of the Department of Air Pollution Control.

1.3.6  "Air Pollution Emergency" shall mean a situation in which
meteorological conditions and/or contaminant levels  in the ambient
air reach or exceed the levels which may cause imminent and substantial
endangerment to health.

1.3.7  "Board" shall  mean the City of Huntsville Air  Pollution Control
Board.

1.3.8  "Chairman" shall mean the Chairman of the City of Huntsvilie
Air Pollution Control Board or in his absence,  the Vice Chairman of
the Air Pollution Control Board.

1.3.9  "Commenced" shall mean that an owner or operator has undertaken
a continuous program of construction or modification  or that an owner
or operator has entered into a binding agreement or contractual  obli-
gation to undertake and complete, within a reasonable time, a continuous
program of construction or modification.

1.3.10  "Commission" shall  mean the "Air Pollution Control Commission
of the State of Alabama" established by the Act.

1.3.11  "Construction" shall mean fabrication,  erection, or installation
of an affected facility.

1.3.12  "Control" shall mean any device which has the function of
controlling the emissions from a process, fuel-burning, or refuse-
burning device and thus reduces the creation of, or the emission of
air contaminants into the atmosphere, or both.

1.3.13  "Control Strategy"  shall mean a collection of various emission
standards selected for the different categories of sources.

1.3.14  "Control Regulation" shall mean a legally enforceable emission
control strategy.

1.3.15  "City" shall  mean the City of Huntsville, Alabama, and its
police jurisdiction.
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1.3.16  "Effluent Water Separator"  shall  mean any tank,  box,  sump,  or
other container in which any volatile organic 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.

1.3.17  "Existing Source" shall mean any  source in operation  or on  which
construction has commenced on the date of initial adoption of an
applicable rule or regulation; except that any existing  source which has
undergone modification after the date of  initial  adoption of  an
applicable rule or regulation, shall be reclassified and considered
a new source.

1.3.18  "Emission" shall mean a release into the outdoor atmosphere
of air contaminants.

1.3.19  "Employee" shall mean any employee of the City of Huntsville
Air Pollution Control Department.

1.3.20  "Federal Act" shall mean the Clean Air Act (42 USC. 1857 et seq.)
as last amended, and as may hereafter be  amended.

1.3.21  "Fuel Burning Equipment" shall mean any equipment, device,
or contrivance and ail appurtenances thereto, including  ducts, breechings,
fuel-feeding equipment, ash'removal equipment, combustion controls,
stacks and chimney, used primarily, but not exclusively, to burn any
fuel for the purpose of indirect heating  in which the material  being
heated is not contacted by and adds no substance to the  products of
combustion.

1.3.22  "Fugitive Dust" shall mean solid  air-borne particulate matter
emitted from any source other than a flue or stack.

1.3.23  "Governing Body" shall mean the City Council of the City of
Huntsville.

1.3.24  "Heat Available" shall mean the aggregate heat content of all
fuels whose products of combustion pass through a stack or stacks.

1.3.25  "Incinerator" shall mean any equipment, device or contrivance
and all appurtenances thereof used for the destruction by burning of
solid, semi-solid, liquid, or gaseous combustible wastes.

1.3.26  "Maximum Process Height Per Hour" shall mean the equipment
manufacturer's or designer's guaranteed maximum  (whichever is greater)
process weight per hour.

1.3.27  "Model Year" shall mean the annual production period of new
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motor vehicles designated by the calendar year in which such period
ends, provided that if the manufacturer does not so designate vehicles
manufactured by him, the model  year with respect to such vehicles
shall mean the twelve month period beginning January 1  of the year
specified herein.

1.3.28  "Modification" shall mean any physical  change in, or change
in the method of operation of,  an affected source which increases
the amount of any air contaminant (to which a rule or regulation
applies) emitted by such source or which results in the emission of any
air contaminant (to which a rule or regulation applies) not previously
emitted, except that:

     (a) Routine maintenance, repair, and replacement shall not be
         considered physical changes, and

     (b) The following shall not be considered a change in the method
         of operation:

         (1)  An increase in the production rate;

         (2)  An increase in hours of operation;

         (3)  Use of an alternative fuel or raw material.

1.3.29  "Motor Vehicle" shall mean every self-propelled device in  or
upon or by which, any person or property is, or may be, transported
or drawn upon a public highway.

1.3.30  "Multiple Chamber Incinerator" shall mean any incinerator
consisting of three or more refractory lined combustion chambers in
series, physically separated by refractory walls, interconnected by
gas passage ports or ducts and employing adequate design parameters
necessary for maximum combustion of the material to be burned.

1.3.31  "New Source" shall mean any source built or installed on or
after the date of initial adoption of an applicable rule or regulation
and any source existing at said stated time which later undergoes
modification.  Any source moved to other premises involving a change
of location after the date of initial adoption of an applicable rule
or regulation shall be considered a new source.

1.3.32  "Odor" shall mean smells or aromas which are unpleasant to
persons, or which tend to lessen human food and water intake, interfere
with sleep, upset appetite, produce irritation of the upper respira-
tory tract, or cause symptoms of nausea, or which by their inherent
chemical or physical nature, or method of processing, are, or may be,
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detrimental or dangerous to health.   Odor and smell  are used  inter-
changeably herein.

1.3.33  "Opacity" shall  mean the obscuration to an observer's view
produced by smoke of any color that is equivalent to an obscuration
by smoke of a shade specified in the Ringelmann Smoke Chart published
by the United States Bureau of Mines.

1.3.34  "Open Burning" shall mean the burning of any matter in such  a
manner that the products of combustion resulting from the burning are
emitted directly into the ambient air without passing through an
adequate stack, duct or chimney.

1.3.35  "Operating Time" shall mean the number of hours per year that
a source conducts operations.

1.3.36  "Owner or Operator" shall mean any person who owns, leases,
operates, controls, or supervises an affected facility, article, machine,
equipment, or other contrivance, or source.

1.3.37  "Particulate Matter" shall mean finely divided material, except
uncombined water which is a liquid or a solid at standard conditions
of temperature at 70°F and pressure at 14.7 pounds per square inch
absolute.

1.3.38  "Person" means the State, any individual, partnership, firm,
association, municipality, public or private corporation or institution,
political subdivision or agency of the State, including any Environ-
mental Improvement Authority established pursuant to Act Number 1117,
Regular Session of 1969 (General Acts 1969, p. 2060), any trust, estate,
or any other legal entity and any successor, representative,  agent,
or agency of the foregoing, the United States or any department
agency or instrumentality of the executive, legislative or judicial
branches of the Federal  Government.

1.3.39  "PPM" refers to parts per million by volume.

1.3.40  "Process" shall  mean any action, operation, or treatment of
materials, including handling and storage thereof, which may cause
discharge of an air contaminant, or contaminants, into the atmosphere,
but excluding fuel burning and refuse burning.

1.3.41  "Process Weight" shall mean the total weight in pounds of all
materials introduced into any specific process which may cause any
discharge into the atmosphere.

1.3.42  "Process Weight Per Hour" shall mean the total weight of all
materials introduced into any specific process that may cause any
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discharge of participate matter.  Solid fuels charged will  be considered
as part of the process weight, but liquid and gaseous fuels and combus-
tion air will not.  For a cyclical or batch operation, the  process
weight per hour will be derived by dividing the total process weight by
the number of hours in one complete operation from the beginning of
any given process to the completion thereof, excluding any  time during
which the equipment is idle.  For a continuous operation,  the process
weight per hour will be derived by dividing the process weight for
a typical period of time by that time period.

1.3.43  "Refuse" shall mean matter consisting of garbage,  rubbish,
ashes, street debris, dead animals, abandoned vehicles, industrial
wastes, demolition wastes, construction wastes, special wastes, or
sewage treatment residue.

1.3.44  "Ringelmann Chart" shall mean the chart published  and described
in U.S. Bureau of Mines Information Circular 8333.

1.3.45  "Smoke" shall mean gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively,  of carbon,
ashes, or other combustible material.

1.3.46  "Soiling Index" shall mean a measure of the soiling properties
of suspended particles in air determined by drawing a measured volume
of air through a known area of Whatman No. 4 filter paper  for a measured
period of time, expressed as COHs/1,000 linear feet.

1.3.47  "Source" shall mean any building, structure, facility, instal-
lation, article, machine, equipment, device, or other contrivance
which emits or may emit any air contaminant.  Any activity which utilizes
abrasives or chemicals for cleaning or any other purpose (such as
cleaning the exterior of buildings) which emits air contaminants shall
be considered a source.

1.3.48  "Stacks or Ducts" shall mean any flue duct, or other contrivance
arranged to conduct emissions to the open air.

1.3.49  "Startup" shall mean the setting in operation of an affected
source for any purpose.

1.3.50  "State" shall mean the State of Alabama.

1.3.51  "Submerged Fill Pipe" shall mean any fill pipe, the discharge
opening! of which is entirely submerged when the.liquid level is 6
inches above the bottom of the tank, or when applied to a  tank which
is loaded from the side, shall mean any fill pipe, the discharge
opening of which is entirely submerged when the liquid level is two
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          times the fill  pipe diameter,  in  inches,  above  the  bottom of  the  tank.

          1.3.52  "Total  Reduced Sulfur  (TRS)"  shall  mean hydrogen sulfide,
          mercaptans,  dimethyl  sulfide,  dimethyl  disulfide, and  any other
          organic sulfides present.

          1.3.53  "Uncpmbined Water"  shall  mean any water droplets or water vapor
          condensate that does not contain  any  other  solid or liquid particulate
          matter attached to the water droplets.

          1.3.54  "Volatile Organic Compounds"  shall  mean any compound  containing
          carbon and hydrogen or containing carbon  and  hydrogen  in combination
          with any other element which has  a vapor  pressure of 1.5 pounds per
          square inch  absolute or greater under actual  storage conditions.

          1.4  The Air Pollution Control  Program within the City of Huntsville
          is  hereby continued.  The Air  Pollution Control  Officer shall  administer
          these regulations and the program in  accordance with their terms,  and
          in  accordance with the rules and  policies of  the Board adopted pursuant
          hereto, and  subject to the general  supervision  and  control of the Mayor.

(16.0)    1.5  Powers  and Duties of the  Air Pollution Control  Board.

          The Board shall have the powers,  duties,  and  authority duly delegated
          by  these rules and regulations, as authorized by ordinance of the City
          of  Huntsville,  or as otherwise provided by  law.

(14.0)    1.6  Availability of Records and  Information

          1.6.1  Public Inspection of Records

          Except as is provided in this  part, any records, reports or information
          obtained under the Act or these regulations and the official  records
          of  the Board shall be available to the public for inspection.   Requests
          for permission to inspect such records should state the general subject
          matter of the records sought to be inspected  to permit identification
          and location.

          1.6.2  Exceptions

          Upon a showing satisfactory to the Air Pollution Control Officer  by any
          person that  records, reports,  or  information, or particular part
          thereof, (other than emission  data) to which  the Air pollution Control
          Officer has  access if made public, would  divulge production or sales
          figures or methods, processes  or  production unique  to  such person, or
          would otherwise tend to affect adversely  the  competitive position of
          such person  by revealing trade secrets, the Board and  the Air Pollution
          Control Officer shall consider such record, report, or information or
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particular portion thereof confidential  in the administration of the
Act and these rules and regulations.

1.6.3  Creation of Record

Records will not be created by compiling selected items from other docu-
ments at the request of a member of the public, nor will  records be
created to provide the requester with data such as ratios,  proportions,
percentages, frequency distribution,  trends,  correlations,  or comparisons,

1.6.4  Denial of Requests for, or Non-existence of Information

If it is determined pursuant to this  Part that requested information will
not be provided or that, to the best  knowledge of the Air Pollution
Control Officer, requested information does not exist, the  Air Pollution
Control Officer shall notify in writing the party requesting the infor-
mation that the request is either denied or cannot be fulfilled, and the
reasons thereof.

1.6.5  Copies of Documents

If it is determined that information  requested may be disclosed, the
requesting party shall be afforded the opportunity to obtain copies of
the documents containing such information.  If copies of information are
requested, the Air Pollution Control  Officer may furnish said copies
at a price to be set by the Air Pollution Control Officer that would
compensate for the cost of producing  the requested copies.

1.6.6  Disclosure of Information

Nothing herein shall be construed to  prevent disclosure of such report,
record or information to Federal or other agencies or State representa-
tives as necessary for purposes of administration of the Program or
of any Federal or State Air Pollution Control Agencies or when relevant
in any proceeding under the Act or these regulations.

1.6.7  Correlation of Information

As soon as practicable, the Air Pollution Control Officer shall provide
for public availability of emission data reported by source owners or
operators or otherwise obtained by the Air Pollution Control Officer.
Such emission data shall be correlated with applicable emission limita-
tions or other measures.  As used in  this section, "correlated" means
presented in such a manner as to show the relationship between measured
or estimated amounts of emissions and the amounts of such emissions
allowable under these rules and regulations.
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(4.0)      1.7  Ambient Air Quality  Standards

          1.7.1  Primary and Secondary Standards

          The National Primary Ambient Air Quality  Standards  and National
          Secondary Ambient Air Quality Standards and  accompanying  appendices
          of reference methods, set forth  at  Part 50 of  Title 40 of the Code of
          Federal  Regulations, as  the same may  be amended  or  revised, are  hereby
          incorporated and made a  part of  these regulations,  and shall apply
          throughout the city and  police jurisdiction.

          1.7.2  Policy

          It is the objective of the City  to  obtain and  maintain the ambient
          air quality standards of this Part  in achieving  the policy and purpose
          of the Act and as required by the Federal Act.   The adoption hereby
          of the national primary  and secondary ambient  air quality standards
          shall not be considered  in any manner to  allow significant deteriora-
          tion of existing air quality in  any portion  of the  city or police
          jurisdiction thereof.

          1.7.3  Attainment of Primary Standard

          These rules and regulations and  the administration  of the Air Pollution
          Control  Program shall provide for the attainment of the national pri-
          mary ambient air quality throughout the city and police jurisdiction
          thereof as expeditiously as practicable,  but in  no  case later than
          three years after the date of initial adoption of these rules and regu-
          lations or within the time limits specified  by Section 110(a) of the
          Clean Air Act, as amended (84 Stat. 1680) whichever is later.

          1.7.4  Attainment of Secondary Standard

          To the extent practicable and feasible, these  rules and regulations
          and the administration of the Air Pollution  Control Program shall
          strive for the attainment of the national secondary ambient air  quality
          throughout the city and  police jurisdiction  concurrently  with the
          attainment of the national primary  ambient air quality standard  as
          provided in Section 1.7.3.

  (9.0)   1.8  Inspections

          1.8.1  The Air Pollution Control Officer  or  his  authorized represent-
          ative may enter and inspect any  property, premises  or place on or at
          which an air contaminant source  is  located or  is being constructed,
          installed or established at any  reasonable time  for the purpose  of
          ascertaining the state of compliance  with these  regulations.  No person
          shall refuse entry or access to  the Air Pollution Control Officer
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         or his authorized representative who requests  entry for  purposes  of
         inspection, and who presents appropriate credentials;  nor shall any
         person obstruct, hamper or interfere with any  such  inspection.  If
         requested, the owner or operator of the premises  shall receive a  report
         setting forth all facts found which relate to  compliance status.

         1.8.2  The Air Pollution Control  Officer or his authorized representative
         may conduct tests and take samples  of air contaminants,  fuel, process
         material  or other material  which affects or may affect emission of
         air contaminants from any source.   Upon request of  the Air Pollution
         Control Officer, the person responsible for the source to be  tested
         shall provide necessary holes in stacks or ducts  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.  If the Air  Pollution Control
         Officer during the course of an inspection obtains  a sample of air
         contaminant, fuel, process material, or other  material,  he shall
         give the owner or operator of the equipment or fuel  facility  a receipt
         for the sample obtained.

(9.0)     1.9  Monitoring, Records, Reporting
(13.0)
         1.9.1  The Air Pollution Control  Board may require  the owner  or
         operator of any air contaminant source to establish and  maintain  such
         records;  make such reports; install, use and maintain  such monitoring
         equipment or methods; sample such emissions in accordance with such
         methods,  at such locations, intervals and procedures as  the Air Pollu-
         tion Control Board shall prescribe; and provide such periodic emission
         reports as required in Section 1.9.2.

         1.9.2  Required Reports

         Records and reports as the Air Pollution Control  Board shall  prescribe
         on air contaminants or fuel shall be recorded, compiled  and submitted
         on forms  furnished by the Air Pollution Control Officer  or when forms
         are not furnished, then in formats  approved by the  Air Pollution
         Control Officer.

              (a)  Emissions of particulate matter, sulfur  dioxide, and oxides
                  of nitrogen shall  be expressed as follows:   in  pounds per
                  hour and pounds per million BTU 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 Air Pollution Control  Officer.

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

              (c)   Particulate matter emissions data shall  be compiled and
                   calculated daily, and submitted quarterly.

              (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 shall  be
                   summarized monthly and submitted monthly and submitted
                   quarterly.   Current daily results shall  be available for
                   inspection at any time.

              (e)   The sulfur content of fuels, as burned,  except  natural gas,
                   shall be determined in accordance with current  recognized
                   ASTM procedures.  Averages for periods prescribed by the
                   Air Pollution Control Officer shall be submitted biannually.
                   Records shall be kept current and be available  for inspection.

         1.9.3  Applicable Sources

         In addition to any specific sources or any class of sources designated
         by the Air Pollution Control Officer, all point sources are subject  to
         the reporting requirements of Section 1.9.2 of this Part.

(9.0)     1.10  Sampling and Testing Methods

         1.10.1  Methods

         All required sampling and testing shall be made, and the  results
         calculated in accordance with sampling and testing procedures and methods
         approved by the Air Pollution Control Officer.  All required samples  and
         tests shall be made under the direction of persons qualified by
         training and/or experience in the field of air pollution  control.

         1.10.2  Standard Methods

         The Air Pollution Control Officer, to the extent practicable, shall
         recognize and approve the test methods and procedures established
         by Part 60 of Title 40 of the Code of Federal Regulations, as the same
         may be amended or revised.

         1.10.3  The Air Pollution Control  Officer or his authorized representa-
         tive may conduct tests and take samples of air contaminants, fuel,
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         process  material  or other  materials which  affect or may  affect emission
         of air contaminants from any  source.   Upon request of  the Air Pollution
         Control  Officer,  the person responsible  for the source to be tested
         shall  provide necessary holes in  stacks  or ducts 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.   If the  Air  Pollution  Control Officer
         or his authorized representative  during  the course of  an inspection
         obtains  a sample of air contaminant,  fuel, process material, or
         other material, he shall give the owner  or operator of the  equipment or
         fuel facility a receipt for the sample obtained.

         1.10.4  Report to Owner or Operator

         At the conclusion of any inspection under  Part 1.8 of  these regulations,
         or conduction of any testing  or sampling under this Part, if requested,
         the owner or operator of the  premises shall  receive a  report setting
         forth all facts found which relate to compliance status  with these
         rules and regulations.

(6.0)     1.11  Compliance Schedule

         1.11.1  Scope

         Except as otherwise specified, compliance  with the provisions of
         these rules and regulations shall  be  according to the  time  schedule of
         this Part.

         1.11.2  New Sources

         All new  sources shall comply  with the applicable rules and  regulations
         of Chapter 5 et seq. within 60 days after  achieving the  maximum
         production rate at which the  affected source will be operated, but
         not later than 120 days after initial startup  of such  source, unless
         the Air  Pollution Control  Officer specifies another period  of time
         as a condition to the issuance of any Permit under  1.14.

         1.11.3  Existing Sources

         All existing sources not in compliance as  of the date  of initial
         adoption of an applicable  rule or regulation contained in Chapter  5
         et seq.  shall be in compliance within 6  months of such initial date
         unless the owner or operator  responsible for the operation  of such
         source shall have submitted  to the Air Pollution Control Officer
         in a form and manner satisfactory to  him,  a control  plan and  schedule
         for achieving compliance,  such plan and  schedule to  contain a date
         on or before which full compliance will  be attained, and such other
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         information as  the Air Pollution  Control  Officer  may  require.  Any  such
         plan and schedule expected to  extend  over a  period  of 18  or more
         months from such initial  date  shall  include  provisions for periodic
         increments of progress toward  full  compliance.  If  approved by the
         Air Pollution Control  Officer, such dates shall be  the dates  on which
         such owner or.operator shall achieve  incremental  progress and full
         compliance.  The Air Pollution Control  Officer may  require persons
         to submit subsequent periodic  reports on  progress in  achieving compliance.
         In no event shall the control  plan  and schedule exceed 3  years from
         the date of initial adoption of an  applicable rule  or regulation,
         or May 31, 1975, whichever date occurs first.  The  provisions of
         this Section shall not apply to sources for  which permits are required
         under Chapter 3.

         1.11.4  Nothing in this Part shall  relieve any person, or any new or
         existing source from complying with the provisions  of Chapter 1 and
         2 of these rules and regulations.

(7.0)     1.12  Maintenance and Malfunctions  of Equipment,  Reporting
(13.0)
         1.12.1  Maintenance; Reporting

         In the case of shutdown of air pollution  control  equipment  (which
         operates pursuant to any permit issued by the Air Pollution Control
         Officer) for necessary scheduled maintenance, the intent  to shutdown
         such equipment shall be reported to the Air  Pollution Control Officer
         at least twenty-four (24) hours prior to  the planned  shutdown, unless
         such shutdown is accompanied by the shutdown of the source which such
         equipment is intended to control.  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.
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          1.12.2  Malfunction;  Reporting

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

 (2.0)     1.13  Prohibition of Air Pollution

          No person shall permit or  cause air  pollution, as defined  in  Section
          1.3.3  of this Chapter by the discharge  of any  air contaminant for which
          no ambient air quality standards  have been  set under  Section  1.7.1.

(15.0)     1.14  Penalties and Citations

          1.14.1  Any person who violates any  provisions of these regulations or
          who violates any determination  or order of  the Air Pollution  Control
          Officer pursuant to these  regulations shall be liable to a penalty
          not to exceed $10,000 for  said  violation  and an additional penalty
          not to exceed $10,000 for  each  day during which such  violation continues,
          which  penalty may be recovered  by the City  of  Huntsville in a civil
          action in the Circuit Court of  said  county  and such person may also
          be enjoined from continuing such violation.

          1.14.2  Any money penalty  so recovered  shall be deposited  in  the City
          Treasury of the City of  Huntsville,  Alabama, to be appropriated  by
          the Governing Body only  for air pollution control purposes.

          1.14.3  It shall be the  duty of the  City  Attorney of  the City of
          Huntsvilie to bring such actions in  the Circuit Court at the  request of
          the Mayor or Governing Body of  the City of  Huntsville,  Alabama.  The
          Huntsville Air Pollution Control  Board  may  at  its option make recom-
          mendations concerning the  bringing of said  actions  to the  Mayor  or  to  the
          Mayor  and Council of the city.

          1.14.4  Any person who knowingly violates or fails or refuses to
          obey or comply with any  provision of these  regulations  or  knowingly
          submits any false information required  by these  regulations shall  be
          guilty of a misdemeanor  and upon conviction shall  be  punished as
          provided by law.
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1.14.5  The Air Pollution Control  Officer is  hereby  authorized  to
issue citations to any person violating any provisions  of these
regulations.  Said citation shall  command said person to  cease  and
desist from violating the provisions  of these regulations.   The
citation shall specify the provision  or provisions of these  regulations
alleged to be violated and shall  specify generally the  facts alleged
to constitute a violation thereof. Said citation shall command
the person to appear at a hearing in  person or by attorney at a time
and place specified before the Air Pollution Control Board and  show
cause why a prosecution for the violation of the provision or provisions
of these regulations should not be commenced.  No citation shall  be
issued for an appearance before the Air Pollution Control  Board less
than 10 days after the issuance thereof, except when an emergency air
episode has been declared, in which case appearance  may be required
within 24 hours.  The citation may be directed to a  business or
corporation or to the president,  manager, superintendent, or other
person in charge of the business  or corporation. The citation  may be
issued by leaving a copy thereof at any office of the business  or
corporation or by leaving a copy  with some person at said office or
at the residence of the president, manager, superintendent,  or  other
person in charge.

1.14.6  The issuance of a citation shall not be a condition  precedent
to the beginning of a prosecution under sections 1.14.1,  1.14.3, and
1.14.4 hereof.  However, where a  citation has been  issued the accused
shall be afforded an opportunity  to be heard upon said  citation
before any prosecution is commenced hereunder.  At  the  conclusion of
the hearing of the citation the Huntsville Air Pollution  Control
Board may cause a prosecution to  be commenced for said  violation in
which case the Huntsville Air Pollution Control Board  shall  direct the
Air Pollution Control Officer to  appear before a Magistrate  authorized
to take oaths and issue warrants  of arrest in the County  where  the
air contaminant source is located and make affidavit setting out the
findings of the Huntsville Air Pollution Control Board.  The Magistrate
shall forthwith issue a warrant of arrest for the party charged
commanding any Sheriff or other officer of the State authorized by
state law to execute warrants of arrest, to arrest  the  defendant and
forthwith bring him before the Magistrate.  The warrant shall be
returnable to the court charged with  jurisdiction to try  misdemeanors
committed in the City of Huntsville,  Alabama.

1.14.7  The testimony taken at any hearing before the  Huntsville
Air Pollution Control Board shall be  under oath and  may be recorded
stenographically, but the parties shall not be bound by the  strict
rules of evidence prevailing in the courts of law and  equity.  True
copies of any transcripts or of any other record made  of or  at  such
hearing shall be furnished to any party thereto upon request and
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         on payment of the reasonable cost of making  such  transcript.

(2.0)    1.15  Circumvention

         No person shall  cause or permit the installation  or use of any device
         or any means which, without resulting in reduction  in  the  total
         amount of air contaminant emitted, conceals  or dilutes any emission  of
         air contaminant  which would otherwise violate these rules  and  regulations.

(2.0)    1.16  Severability

         The provisions of these rules and regulations and the  various  applications
         thereof are declared to be severable and if  any chapter, part,  section,
         paragraph, subparagraph, subdivision, clause, or  phrase of these  rules
         and regulations  shall be adjudged to be invalid or  unconstitutional  by
         any court of competent jurisdiction, the judgment shall not affect,
         impair or invalidate the remainder of these  rules and  regulations, but
         shall  be confined in its operation to the chapter,  part, section,
         paragraph, subparagraph, subdivision, clause, or  phrase of these
         rules  and regulations that shall  be directly involved  in the controversy
         in which such judgment shall have been rendered.
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(8.0)                                  CHAPTER  2

                               AIR POLLUTION EMERGENCY

(8.0)     2.1   Air Pollution Emergency

         The  Air Pollution Control Officer  is  authorized and  empowered to
         enforce or require enforcement of  any provisions of  this Chapter
         throughout the territorial  limits  of  the  City of Huntsville and its
         police jurisdiction.

(8.0)     2.2   Episode Criteria

         When the Air Pollution Control Officer  determines  that  conditions
         justify the proclamation of an air pollution episode stage, due to
         the  accumulation of air contaminants  in any place  within the city,
         attaining levels which could, if sustained or exceeded, lead to a
         substantial threat to the health of persons, he shall be guided
         by the following criteria.

         2.2.1   Episode stages shall be determined and declared  upon the
         basis of average concentration recorded at any monitoring  station in
         the  city.

         2.2.2  If contamination and meteorological conditions warrant, any
         advanced episode stage may be declared  by the Air  Pollution Control
         Officer without first declaring a  lesser  degree of Alert or Watch.
         The  Air Pollution Control Officer  shall,  at his discretion, declare
         a lesser stage, the termination or the  continuance of the  advanced
         episode stage during such time when contamination  and meteorological
         conditions moderate significantly  after an advanced  episode stage has
         been declared.

         2.2.3  Episode Watch

         The  Air Pollution Control Officer  shall declare an Episode Watch when
         one  or more of the following  events take  place.

              (a)  An Atmospheric Stagnation Advisory is issued  by  the National
                   Weather Service,  stating that atmospheric  conditions marked
                   by a slow moving high pressure  system, light  winds and
                   temperature inversions are  expected to affect the air shed of
                   the City of Huntsville or portions thereof for the next 36
                   hours.

              (b)  A meteorological  forecast that  stagnant  atmospheric  conditions
                   as described above  could result in high  air pollution levels
                   in Huntsville or portions thereof.
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     (c)  Validated reports of abnormally high air pollution measure-
          ments, specifically, reaching or exceeding 50 percent of the
          Alert level of Section 2.2.4 for at least three consecutive
          hours at a given locality in the city.

2.2.4  Alert

The Air Pollution Control Officer shall declare an Alert when any one
of the following contaminant concentrations is measured at any moni-
toring site, and due to adverse meteorological conditions can be
expected to remain at these levels or higher for the next 12 hours
or more unless control  measures are taken:

     (a)  Sulfur Dioxide - Measured by continuous coulometric or
          colorimetric analyzer, or equivalent.

               24-hour average, 0.30 ppm (800 jug/nv3)

     (b)  Particulates - Measured by sequential tape sampler, two-hour
          accumulations (soiling index).

               24-hour average, 3.0 COHS per 1000 linear feet
               or measured by Hi-vol (high volume sampler), 24-
               hour accumulation.  24-hour average, 375/jg/m3.

     (c)  Sulfur Dioxide and Particulates Combined - Product of
          concurrent 24-hour average concentrations.

               Sulfur dioxide, ppm, times particulates, COHS,
               equals 0.2; sulfur dioxide, Aig/m3, times parti-
               culates in yug/m3 equals 65,000.

     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer, or equivalent.

               8-hour average, 15 ppm (17 mg/m3)

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average, 0.15 ppm (282 >ug/m3) or
                1-hour average, 0.6 ppm (1130 ,ug/m3)

     (f)  Photochemical Oxidants - Measured by continuous chemilumi-
          nescent analyzer or equivalent.

               1-hour average, 0.1 ppm (200>ug/m3)
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2.2.5  Warning

A warning shall be declared by the Air Pollution Control  Officer
when the concentrations of any of the following air contaminants
measured at any monitoring site and due to adverse meteorological
conditions can be expected to remain at these levels or higher
for tha next 12 hours or more unless control  measures are taken:

     (a)  Sulfur Dioxide - Measured by continuous coulometric or
          colorimetric analyzer, or equivalent.

               24-hour average, 0.6 ppm (1600 jug/m^)

     (b)  Particulates - Measured by sequential tape sampler, two-hour
          accumulations (soiling index).

               24-hour average, 5.0 COHS per 1000 linear feet or
               measured by Hi-vol, 24-hour accumulation:

               24-hour average, 625

     (c)  Sulfur Dioxide and Particulates Combined - Product of
          concurrent 24-hour average concentration.

               Sulfur dioxide, ppm, times particulates COHS,
               equals 0.8 or sulfur dioxide, yug/m3, times
               particulates, /jg/m^, equals 261,000.
     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer or equivalent.

               8-hour average, 30 ppm (34 mg/m^)

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average, 0.30 ppm (ses^ug/m^)
                1-hour average, 1.20 ppm (2260yug/m3)

     (f)  Photochemical Oxidants - Measured by continuous chemi lumines-
          cent analyzer, or equivalent.

                1-hour average, 0.40 ppm (800 ug/m?}

2.2.6  Emergency

When the following concentrations of air contaminants have been
reached or due to meteorological conditions can be expected to reach or
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exceed these levels at any monitoring site in the city for a period of
12 hours or more unless control  actions are taken, the Air Pollution
Control Officer shall  declare an Emergency:

     (a)  Sulfur Dioxide - Measured by continuous coulometric or
          colorimetric analyzer, or equivalent.

               24-hour average 0.8 ppm (2100  >ug/m3)

     (b)  Particulates - Measured by sequential  tape  sampler, two-hour
          accumulations (soiling index).

               24-hour average,  7.0 COHS per 1000 linear feet or
               measured by Hi-vol, 24-hour accumulation.

               24-hour average,  875 ,ug/m3

     (c)  Sulfur Dioxide and Particulates Combined -  Product of
          concurrent 24-hour average concentrations.

               Sulfur dioxide, ppm, times particulates, COHS,
               equals  1.2 or sulfur dioxide, /jg/rn3, times parti-
               culates, /jg/m3, equals 393,000

     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer, or equivalent.

               8-hour average, 40 ppm (46 mg/m3)

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average,  0.40 ppm (750 ;ug/m3)
                1-hour average 1.60 ppm (3000 /ug/m3)

     (f)  Photochemical Oxidants - Measured by continuous chemilumines-
          cent analyzer, or equivalent.

                1-hour average,  0.60 ppm (1200 >ig/m3)

2.2.7  Termination

     (a)  The status reached by application of the Episode Criteria
          of this part shall remain in effect until the criteria for
          that level is no longer met.  At such  time, the next lower
          status will  be assumed and such changes declared by the
          Air Pollution Control  Officer.  Specifically:
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                         (1)   When  ambient contaminant  concentrations  fall
                              below the criteria  levels  for  the  stage, and
                              a downward trend  of concentrations  is  established;
                              and

                         (2)   When  meteorological  conditions that attended  the
                              high  concentrations are no longer  called for  in
                              official'weather  predictions.

               (b)   A public  declaration will take on one of the  following  forms.

                         (1)   Terminate "Emergency Status",  resume "Warning
                              Status"  or "Alert Status"; whichever is  appropriate.

                         (2)   Terminate "Warning  Status", resume  "Alert  Status"
                              or appropriate stage.

                         (3)   Terminate "Episode  Status".

               (c)   Upon termination of an "Episode Status", the  Air Pollution
                    Control  Program will remain on internal  "Episode Watch" until
                    a return  to normal  operation  is  announced by  the Air Pollu-
                    tion Control  Officer.

          2.2.8  Status Declaration Authority - The Air Pollution Control Officer
          or his duly authorized agent, shall have the  authority  to  make an
          announcement of internal  Episode Watch, and public declarations of
          Alert, Warning and  Emergency Status.

(8.0)      2.3  Special Episode Criteria

          2.3.1  The Air Pollution  Control Officer shall have the authority
          to declare episodic conditions when the atmospheric concentration of
          a single  contaminant or that of a specific locality within the city
          show elevated concentrations.

          2.3.2  Specific Pollutant Situation

          When concentrations of one or two contaminants reach or exceed the
          defined criteria levels,  and concentration of other contaminants
          remain substantially below 50 percent of Alert levels,  and meteoro-
          logical conditions  are such  that these  specific contaminant concentra-
          tions can be expected to  remain at the  above  levels for 12 hours  or
          more or increase unless control action  is taken, a Specific Alert,
          Warning,  or Emergency Status shall be declared by  the  Air Pollution
          Control Officer, naming the  contaminants that meet the respective
          criteria.  In such  instances when two such contaminants meet different
          criteria, the Air Pollution  Control Officer shall  declare the  status
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         for  the  episode  having  the  higher level, and that an Episode Watch is
         being  maintained on  the remaining contaminants.

         2.3.3  Specific  Locality Situation

         The  Air  Pollution Control Officer shall, when high concentrations of
         one  or more contaminant measured at one monitoring site and not others
         and  the  effect is judged to originate from an identifiable source
         near the given site, shall  declare the appropriate local Alert, Warning,
         or Emergency  Status  for the delineated area and that an Episode
         Watch  is in effect for  any  remaining portion of the jurisdictional
         area while meteorological conditions favor the maintenance or increase
         of said  high  concentration  for at least 12 hours or more unless
         control  action is taken.

(8.0)      2.4  Emission Reduction Plans

         Upon declaring an Episode Watch, Alert, Warning, or Emergency, the Air
         Pollution Control  Officer shall order persons responsible for the
         operation of  a source of air contaminants causing or contributing
         to such  episode  to take the general measures outlined in the Emergency
         Episode  Plan  for the City of Huntsville or revision thereof, as he
         deems  appropriate, in addition to all specific source curtailments
         designated by him.

(8.0)     2.5  Emission Reduction Plans for Two Contaminants

         The  Air  Pollution Control Officer shall declare an Alert, Warning, or
         Emergency Status specific for two contaminants when the ambient
         concentrations of two contaminants simultaneously reach or exceed
         their  respective Episode Criteria of this Chapter and meteorological
         conditions are such  that contaminant concentrations can be expected to
         remain at those  criteria levels for 12 or more hours or increase unless
         control  actions  are  taken.  When criteria levels correspond to different
         episode  status for two  contaminants, the Air Pollution Control Officer
         shall  declare the status of the higher of the two.

(8.0)     2.6  Emission Reduction Plans for General Episodes

         The  Air  Pollution Control Officer shall, in the event that ambient
         concentrations of three or more contaminants simultaneously reach
         or exceed their  respective  Episode Criteria and no improvements in
         meteorological conditions is forecast for the next 12 hours, declare
         a General Alert, Warning, or Emergency Status.  In the event the
         criteria levels  correspond  to different statuses for each contaminant,
         the  Air  Pollution Control Officer shall declare a general status
         corresponding to the highest individual status.
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(8;.0)     2.7  Emission Reduction Plan for j.oca1 Episodes

         2.7.1  The Air Pollution Control Officer shall  specify the area of
         the city affected when a Local  Alert,  Warning or Emergency Status is
         declared, or when an Accidental Episode for common contaminants occurs,
         based upon air quality and meteorological reports and predictions.

         2.7.2  When the Air Pollution Control  Officer declares such a local
         episode, any person responsible for the operation from which excess
         emissions results, shall shut down such an operation and make repairs
         or alter the process as required to restore normal operations.

         2.7.3  When the Air Pollution Control  Officer declares that a Local
         Alert, Warning, or Emergency Status is in effect for a delineated area,
         corresponding General Measures shall be applied as detailed in Part  2.4,
       •  depending upon which contaminant (s) is/are being emitted in excess.

(8.0)     2.8  Emission Reduction Plans for Other Sources

         2.8.1  Any person responsible for the operation of a source of air
         contaminants as determined by the Air Pollution Control Officer shall
         prepare standby plans for reducing the emissions of air contaminants
         during periods of an Episode Alert, Warning, and Emergency.  Standby
         plans shall be designed to reduce or eliminate emissions of air
         contaminants in accordance with the objectives set forth in Part 2.4.

         2.8.2  Any person responsible for the operation of a source of air
         contaminants not designated by the Air Pollution Control Officer shall
         when requested by the Air Pollution Control Officer in writing, prepare
         standby plans for reducing the emission of air contaminants during
         periods of Episode Alert, Warning and Emergency.  Standby plans shall
         be designed to reduce or eliminate emissions of air contaminants
         in accordance with the objectives set forth in Part 2.4.

         2.8.3  Standby plans as required under Section 2.8.1 shall be in writing
         and  identify the sources of air contaminants, the amount of reduction
         of contaminants and a brief description, of the manner in which
         reduction will be achieved during Episodes of Alert, Warning, and
         Emergency.

         2.8.4  During Episodes of Alert, Warning, and Emergency Status,
         standby plans as required by this Chapter shall be made available
         on the premises to any person authorized to enforce the provisions
         of applicable rules and regulations.

         2.8.5  Standby plans as required by these rules and regulations shall
         be submitted to the Air Pollution Control Officer upon request within
         30 days of the receipt of such  request;  such standby plans shall  be
         subject to review and approval  by the Air Pollution Control Officer.
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          If in the opinion of the Air Pollution  Control  Officer,  a  standby
          plan does not effectively carry out the objectives  as  set  forth  in
          these rules and regulations, the Air Pollution  Control Officer may
          disapprove it, state the reason for disapproval  and order  the preparation
          of an amended standby plan within the time  period specified  in the
          order.

(8.0)      2.9  Emergency Procedure

          2.9.1   Any other provisions of law to the contrary  notwithstanding,
          if the Air Pollution Control Officer finds  that a generalized condition
          of air pollution exists  and that it creates  an  emergency requiring
          immediate action to protect human health or safety, the  Air  Pollution
          Control  Officer shall order persons causing or  contributing  to the
          air pollution to reduce  or discontinue  immediately  the emission  of
          air contaminants, and such order shall  fix  a place  and time, not
          later than twenty-four hours thereafter, for a  hearing to  be held
          before the Air Pollution Control  Board.  Not more than twenty-four
          hours after the commencement of such hearing, and without  adjournment
          thereof, the Air Pollution Control  Board shall  affirm, modify or
          set aside the order of the Air Pollution Control Officer.

          2.9.2  In the absence of a generalized  condition of air  pollution of
          the type referred to in  section 2.9.1,  but  if the Air  Pollution
          Control  Officer finds that emissions from the operation  of one or
          more air contaminant sources is causing imminent danger  to human
          health or safety, he may order the person or persons responsible for
          the operation or operations in question to  reduce or discontinue
          emissions immediately without regard to the provisions of  standby
          plans.  In such event, the requirements for hearing and  affirmance,
          modification or setting  aside of orders set forth in section 2.9.1
          shall  apply.

          2.9.3  Nothing in this section shall be construed to limit any power
          which the Air Pollution  Control Officer, the Alabama Air Pollution
          Control  Commission, the  Governor or any other person may have to
          declare an emergency and act on the basis of such declaration, if such
          power is conferred by statute or constitutional  provisions,  or inheres
          in the office.

          2.9.4  In addition to, and without in any way limiting the foregoing,
          if the Air Pollution Control Officer determines at  any time  that air
          pollution in Huntsville  or in any portion of the police  jurisdiction
          constitutes an emergency risk to the health of  those present in  the
          city or said area of the police jurisdiction, and that the resources
          of the Huntsville Air Pollution Control  Board are not  sufficient to
          abate said air pollution, such determination shall  be  communicated by
          telephone and in writing, with the factual  findings on which such
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determination is based to the Director of the Division of Air Pollution
Control of the Alabama Department of Public Health or to the State
Health Officer in his capacity as Chairman of the Alabama Air
Pollution Control Commission or to the Environmental  Protection
Agency of the Federal Government.  Such communication shall request
assistance in the abatement of said air pollution emergency consistent
with the provisions of Act 769, Alabama Legislature,  Regular Session
1971, and the Federal Clean Air Act as amended.  The  Air Pollution
Control Officer may delegate to the Deputy Air Pollution Control
Officer the power to make said determinations and deliver the same
to the Director of the Division of Air Pollution Control of the Alabama
Department of Public Health or to the State Health Officer or the
Environmental Protection Agency in the name of the Air Pollution
Control Officer.
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(3.0)                                  CHAPTER  3

                                       PERMITS

(3.0)      3.1   Permits Required

          3.1.1   Permit to Construct

          Any person building, erecting,  altering or replacing  any  article,
          machine, equipment or other contrivance,  the use  of which may  cause
          the issuance of or an increase  in the  issuance of air contaminants or
          the use of which may eliminate  or reduce or control the issuance
          of air contaminants, shall first obtain authorization for such
          construction from the Air Pollution  Control  Officer in the form of a
          Permit to Construct.  A Permit  to Construct shall  remain  in effect
          until  the Permit to Operate the equipment for which the application
          was filed is granted or denied  or the  application is  cancelled.

          3.1.2  Permit to Operate

               (a)  Before any article, machine, equipment  or other contrivance
                    described in Section  3.1.1 may be operated  or used,  a written
                    permit shall be obtained from the Air Pollution Control
                    Officer.  No permit to operate shall be granted for  any article,
                    machine, equipment, or contrivance described in Section 3.1.1,
                    constructed or installed without authorization as required
                    by Section 3.1.1, until the  information required is
                    presented to the Air Pollution Control  Officer and such
                    article, machine, equipment  or contrivance  is altered,
                    if necessary, and made to conform to the standards
                    established by the City.

               (b)  Any article, machine, equipment or other contrivance
                    described in Section  3.1.1 which is presently operating  (or
                    which is not presently operating but which  is capable
                    of being operated) without a Permit to  Operate, may continue
                    to operate (or may restart)  only if its owner or operator
                    obtains a Permit to Operate  prior to a  date to be set by
                    the Air Pollution Control  Officer (or prior to restarting).

               (c)  The Air Pollution Control  Officer shall have the authority
                    to decide cases where an article, machine,  equipment or  other
                    contrivance is not clearly subject to nor exempt from the
                    application of this chapter.  In addition,  the Air Pollution
                    Control Officer may rule that a particular  article,  machine,
                    equipment or other contrivance is subject to the application
                    of this chapter even though  it is exempt from the system
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                    according to Part 3.1  and 3.2 of this  chapter.   The  operator
                    or builder of such an  article, machine,  equipment, or
                    other contrivance may  appeal  the Air Pollution  Control
                    Officer's classification to the Board  which  shall overrule
                    the Air Pollution Control Officer only if it is shown  that
                    he acted arbitrarily and contrary to the purpose of  the
                    Act and these regulations.

          3.1.3  Display of Permit to Operate

          A person who has been granted a  Permit to Operate  any  article, machine,
          equipment, or other contrivance  shall keep such  permit under file
          or on display at all times at the site where the article, machine,
          equipment, or other contrivance  is located and will  make  such  a
          permit readily available for inspection by any and all persons who  may
          request to see it.
(2.0)      3.2  Exemptions
          From time to time the Air Pollution Control  Board may specify certain
          classes or sizes of articles,  machine,  equipment, or other contrivances
          which would normally be subject to the  requirement to obtain Permits
          to Operate or Construct, as being exempt from the requirement to
          obtain such permits.  Exempt sources are subject in every other way
          to these rules and regulations.
(3.0)     3.3  Transfer
          A Permit to Construct or Operate shall  not be transferable whether by
          operation of law or otherwise,  either from one location to another,
          from one piece of equipment to  another, or from one person to another.

(3.0)     3.4  Applications

          Every application for a Permit  to Construct or Operate required under
          Part 3.1 shall be filed in the  manner and form prescribed by the Air
          Pollution Control Officer and shall  give all  the information necessary
          to enable the Air Pollution Control  Officer to make the determination
          required by Part 3.8 of this Chapter.

(3.0)     3.5  Cancellation of Applications

          A Permit to Construct shall expire and the application shall be cancelled
          two years from the date of issuance of the Permit to Construct if
          the construction has not begun.
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(3.0)      3.6  Action of Application

          The Air Pollution Control  Officer  shall  act, within  a  reasonable
          time, on an application for Permit to  Construct,  Permit  to Operate
          and shall  notify the applicant  in  writing  of its  approval, conditional
          approval or denial.

(9.0)      3.7  Provisions of Sampling and Testing  Facilities

          A person operating or using any article, machine, equipment  or
          other contrivance for which these  rules  and regulations  require
          a permit shall provide and maintain such sampling and  testing
          facilities as specified in the  Permit  to Construct or  Permit to
          Operate.

(3.0)      3.8  Standards for Granting Permits

          3.8.1  The Air Pollution Control Officer shall  deny  a  permit except
          as provided by Part 3.9, if the applicant  does  not show  that every
          article, machine, equipment or  other contrivance, the  use of which
          may cause the issuance of air contaminants, is  so designed,  controlled,
          or equipped with such air pollution control equipment, that  it may be
          expected to operate without emitting or  without causing  to be emitted
          air contaminants in violation of these rules and regulations.

          3.8.2  The Air Pollution Control Officer shall  deny  a  permit if the
          applicant does not present, in  writing,  a  plan  whereby the emission  of
          air contaminants by every article, machine, equipment  or other
          contrivance described in the permit application,  will  be reduced  during
          periods of an Air Pollution Alert, Air Pollution Warning, and Air
          Pollution Emergency in accordance  with the provisions  of Chapter  2.

          3.8.3  Before a Permit to Construct or Permit  to Operate is  granted,
          the Air Pollution Control Officer  may  require  the applicant  to provide
          and maintain such facilities as are necessary  for sampling and testing
          purposes in order to secure information  that will disclose the nature,
          extent, quantity or degree of air  contaminants  discharged  into the
          atmosphere from the article, machine,  equipment or other contrivance
          described in the Permit to Construct or  Permit to Operate.   In the
          event of such a requirement, the Air Pollution Control Officer shall
          notify the applicant in writing of the required sizes, number and
          location of the sampling platform; the access  to the sampling platform;
          and the utilities for operating the sampling and testing equipment.

          3.8.4  The Air Pollution Control Officer may also require  the applicant
          to install, use and maintain such  monitoring equipment or  methods;
          sample such emission in accordance with  such methods,  at such  locations,
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          intervals and procedures as may be specified; and provide such information
          as  the Air Pollution Control Officer may require.

          3.8.5  Before acting on an application for Permit to Construct or
          Permit to Operate, the Air Pollution Control Officer may require the
          applicant to furnish further information or further plans or speci-
          fications.

          3.8.6  In acting  upon a Permit to Operate, if the Air Pollution Control
          Officer  finds that the article, machine, equipment or other contrivance
          has been constructed not in accordance with the Permit to Construct,
          and if the changes noted are of a substantial nature in that the
          amount of air contaminants emitted by the article, machine, equipment
          or  other contrivance may be increased, or in that effect is unknown,
          then he  shall deny the Permit to Operate.  The Air Pollution Control
          Officer  shall not accept any further application for a Permit to Operate
          until the article, machine, equipment or other 'contrivance has been
          reconstructed in  accordance with the Permit to Construct, or until
          the applicant has proven to the satisfaction of the Air Pollution
          Control  Officer that the change will not cause an increase in the
          emission of air contaminants.

          3.8.7  The Air  Pollution Control Officer shall deny a Permit to
          Construct where he determines that the construction and operation of
          such source will  interfere with attaining or maintaining any primary
          or  secondary  standard established by Section 1.7 or will allow
          significant deterioration of existing air quality.

          3.8.8   In granting any Permit to Operate, the Air Pollution Control
          Officer  may allow, as a condition of such permit, for the intermittent
          discharge of  air  contaminants, during startup, shut down, rate
          change or load  change, in excess of the limitations specified in these
          rules and regulations where he finds that because of the nature of  the
          source  there  is no practicable alternative.

(2.0)      3.9  Conditional  Approval

          3.9.1  The Air  Pollution Control Officer may issue a Permit to Construct
          or  a Permit to  Operate subject to conditions which will bring the
          operation of  any  article, machine, equipment or other contrivance
          within  the standards of Part 3.8, in which case the conditions shall
          be  specified  in writing.  Commencing work under such a Permit to
          Construct or  operating under such a Permit to Operate shall be deemed
          acceptance of all the conditions specified.  The Air Pollution Control
          Officer  shall issue a Permit to Construct or a Permit to Operate with
          revised  conditions upon receipt of a new application, if the applicant
          demonstrated  that the article, machine, equipment or other contrivance
          can operate within the standards of Part 3.8 under the revised
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           conditions.

           3.9.2  A Conditional  Permit may allow an article,  machine,  equipment
           or other contrivance  to be operated in violation of the conditions
           of Section 3.8 if one of the conditions of the permit is a  definite
           schedule by which the article,  machine, equipment, or contrivance
           may attain the conditions of Section 3.8 and be granted a Permit to
           Operate, and if the schedule provides for attaining the conditions
           of Section 3.8 at the earliest  possible date and is approved by the
           Air Pollution Control Officer.   A Conditional  Permit will be revoked
           if the applicant does not submit progress reports  to the Air Pollution
           Control Officer according to the schedule established by the Conditional
           Permit.  The Air Pollution Control  Officer may further revoke the
           Conditional  Permit if the progress  reports do not  show satisfactory
           progress as specified by the terms  of the Conditional Permit or if
           the progress reports  are found  to be inaccurate.

           3.9.3  A Conditional  Permit that allows any new article, machine,
           equipment or contrivance to operate in violation of the requirements
           of Part 3.8 may not be granted  for a period of time greater than one
           year, including all renewals.

           3.9.4  No Conditional Permit issued under this Part for any existing
           article, machine, equipment or  contrivance may be  granted for a period
           of time longer than the greater of the following periods:

                (a)  The period  from the granting of the permit to a date three
                     years after the date  of initial adoption of an applicable
                     rule or regulation.

                (b)  The period  from the granting of the permit to a date
                     three years after the date the Administrator of the U.S.
                     Environmental Protection  Agency approves, in accordance
                     with Section 110 of the Federal Act, such applicable
                     rule or regulation as a part of an implementation plan
                     (or any revision thereof).

(3.0)       3.10  Temporary Permit to Operate

           3.10.1  Upon application for a  Permit to Operate by a new facility,
           the Air Pollution Control Officer shall, within a  reasonable period  of
           time, dispatch an inspector to  the  facility in question.  If the
           inspector determines  that the facility has been constructed according
           to the specifications as set forth  under the Permit to Construct, or
           else that any changes to the facility would reduce or effect to an
           unsubstantial degree  that quantity  of air contaminants emitted by the
           facility, and if the  Air Pollution  Control Officer, agrees  with this
           conclusion,  then the  Air Pollution  Control Officer shall issue a
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        Temporary Permit to  Operate  which  will  remain  in  force  until an official
        inspection of the facility under actual  operating conditions can
        be made and the results  reviewed,  or until  the Temporary  Permit is
        suspended or revoked by  the  Air Pollution  Control  Officer.  The Air
        Pollution Control Officer may issue a Temporary Permit  to operate
        without an inspection if the applicant fulfills the  requirements of
        Sections 3.10.2 and  3.10.3 of this Part.

        3.10.2  The Air Pollution Control  Officer  may  issue  a Temporary
        Permit to Operate without an inspection if the application  for a
        Permit to Construct  is countersigned by a  Professional  Engineer
        familiar with air pollution  control as it  relates to the  equipment
        under application.

        3.10.3  Upon completion  of the construction, a Professional Engineer
        familiar with the Permit to  Construct submits  a letter  to the  Air
        Pollution Control Officer, signed  and sealed with his professional
        stamp, testifying that the construction under  application has  been
        completed and is in  accordance with the specification as  set down  in
        the Permit to Construct.  The Air  Pollution Control  Officer is
        empowered to reject  the  testimony  of the Professional Engineer if  the
        Air Pollution Control Officer decided that the Professional Engineer's
        qualifications are insufficient to allow him to accurately  and
        completely assess the equipment in question.   A Professional Engineer
        may appeal any such  judgment to the Board.

(3.0)    3.11   Denial of Application

        In the event of denial of a  Permit to Construct or Permit to Operate,
        the Air Pollution Control Officer  shall  notify the applicant in writing
        of the reasons therefor.  Service  of this  notification  may  be  made  in
        person or by mail, and such  service may be proved by the  written
        acknowledgement of the persons served or affidavit of the person
        making the service.   The Air Pollution Control Officer  shall not
        accept a further application unless the applicant has complied with
        the objections specified by  the Air Pollution  Control Officer  as his
        reasons for denial of the Permit to Construct  or  the Permit to Operate.

(2.0)    3.12  Appeals

        Within 10 days after notice  by the Air Pollution  Control  Officer of
        denial or conditional approval of a Permit to  Construct or  Permit  to
        Operate, the applicant may petition the Board, in writing,  for a review.
        The Board may sustain or reverse the action of the Air  Pollution
        Control Officer; such order  may be subject to  specified conditions.

        3.13  The holder of  a Permit under this Part  shall comply with
        conditions contained in  such Permit as well as all applicable  provisions
        of these rules and regulations except where violations  are  specifically
        allowed in accordance with a Conditional Permit issued  under  Section 3.9.


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(5.0)                                  CHAPTER 4

                                      VARIANCES

(5.0)    4.1   Granting of Variances

        4.1.1  The Board may grant individual  variances  beyond the limitations
        prescribed in the Act or these regulations,  whenever it is found,  upon
        presentation of adequate proof,  that compliance  with any rule or
        regulation, requirement or order of the Board or Air Pollution Control
        Officer would impose serious hardship without equal  or greater benefits
        to the public, and the emissions occuring or proposed to occur do
        not  endanger or tend to endanger human health or safety, human comfort,
        and  aesthetic values.  In granting or denying a  variance the  Board
        shall file and publish a written opinion stating the facts and reasons
        leading to its decision.

        4.1.2  In granting a variance, the Board may impose  such conditions  as
        the  policies of the Act and these rules and  regulations may require.
        If the hardship complained of consists solely of the need for a
        reasonable delay in which to correct a violation of  these rules and
        regulations, the Board shall condition the granting  of such variance
        upon the posting of sufficient performance bond  or other security
        to assure the correction of such violation within the time prescribed.

        4.1.3  Any variance granted pursuant to the  provisions of this section
        shall be granted for such period of time, not exceeding one year,
        as shall be specified by the Board at the time of the grant of
        such variance, and upon the condition that the person who receives
        such variance shall make such periodic progress  reports as the Board
        shall specify.  Such variance may be extended from year to year by
        affirmative action of the Board, but only if satisfactory progress
        has  been shown.

        4.1.4  Any person seeking a variance shall  do so by  filing a  petition
        for  variance with the Board, which shall  promptly give notice of
        such petition in a newspaper of general circulation  in the city.
        The  Air Pollution Control Officer shall promptly investigate  such
        petition, consider the views of persons who  might be adversely
        affected by the granting of a variance and make  a recommendation to  the
        Board as to the disposition of the petition.  If the Board, in its
        discretion, concludes that a hearing would be advisable, or if any
        person files a written objection to the grant for such variance
        within 21 days of petition notice, then a hearing shall be held.
        All  such hearings shall be open to the public, and reasonable opportunity
        to be heard with respect to the subject of the hearing shall  be
        afforded to any person.  All testimony taken before  the Board shall
        be recorded stenographically.  The transcript so recorded, and any
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         written submissions  to  the  Board  in  relation  to such hearings, shall be
         open to public inspection.

         4.1.5  If the Board  fails to  take final  action upon a  variance request
         within 90 days after the filing of the  petition,  the petitioner may
         deem the request denied.

         4.1.6  A variance or renewal  shall not  be  a right of the applicant or
         holder thereof but shall be in the discretion of  the Board;  however,
         any person adversely affected by  a variance or renewal  granted by the
         Board may obtain judicial review  by  filing notice of appeal  with the
         Register in Chancery of Madison County  in  Equity  within twenty days
         from the action of the  Board  thereon.   The case shall  be heard by
         the Court under the  same rules and with the same  requirements as a
         petition for injunction would be  heard.  On appeal, the Circuit
         Court shall grant said  variance unless  it  finds the operation of the
         air contamination source in the manner  allowed in the  variance would
         amount to a private  or  public nuisance,  or if it  finds  that  the Board
         acted arbitrarily or capriciously.

(2.0)     4.2  Petition Procedures

         4.2.1  Any person subject to  any  rule or regulation, requirement or
         order, may petition  the Board for a  variance  from the  application thereof,
         as prescribed by the Act or these regulations.  A petition for a
         variance must state  the following:

              (a)  The name,  address and telephone  number  of the petitioner,
                   or other person authorized to receive service of notices.

              (b)  Whether the petitioner  is  an  individual, partnership,
                   corporation or other entity,  and names  and addresses of the
                   officers,  if  a corporation, and  names and addresses of the
                   persons in control, if  other  entity.

              (c)  The type of business or activity involved in the application
                   and the street address  at  which  it  is conducted.

              (d)  A brief description of  the article, machine,  equipment or
                   other contrivance,  if any  involved  in the petition.

              (e)  The signature of  the petitioner, or that of  some person on
                   his behalf, and,  where  the person  signing is not the
                   petitioner, the authority  to  sign.

              (f)  The rule or regulation, requirement or  order complained from
                   which a variance  is requested.
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             (g)   The facts showing why compliance with  such  rule  or  regulation,
                  requirement or order would impose serious hardship  on  the
                  petitioner or on any other person or persons  without equal  or
                  greater benefits to the public.

             (h)   The facts showing why the emissions  occurring or proposed  to
                  occur do not endanger or tend to endanger human  health
                  or safety, human comfort, and aesthetic  values.

             (i)   For what period of time the variance is  sought and  why.

             (j)   Provisions of the rule or regulation,  requirement or order
                  which the petitioner can meet and the  date  when  petitioner
                  can comply with such provisions.

             (k)   Whether or not any case involving the  same  identical
                  equipment or process identified  in subparagraph  (d) is pending
                  in any court, civil, or criminal.

        4.2.2     All petitions shall be typewritten,  double  spaced,  on  legal or
        letter size paper, on one side of the paper only.

(2.0)    4.3  Failure to Comply with Procedures

        4.3.1  The Air Pollution Control Officer shall  not accept  for filing,
        and service of petitions unless the Chairman or  any two members  of
        the Board direct otherwise and confirm such direction in writing.  Such
        direction need not be made at a meeting of the Board.

        4.3.2  The Chairman or any two members, without  a  meeting, may require
        the petitioner to state further facts or reframe a petition so as to
        disclose  clearly the issues involved.

(2.0)    4.4  Objection Procedures

        4.4.1  A  person may file a written objection to  the grant  of  a variance
        within 21 days from initial advertised notice  and  thus  insure that a
        public hearing will be held, according to  Section  4.1.4 of this  Chapter.
        An objection to the granting of a variance must  state:

             (a)   The objector's name, address, and telephone number.

             (b)   Whether the objector is an individual, partnership, corporation
                  or other entity, and names and addresses of the  partners if
                  a partnership, names and addresses of  the officers  if  a
                  corporation, and the names and addresses of the  persons in
                  control if other entity.
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              (c)   A specification of which  petition  for  a  variance  is  being
                   objected to.

              (d)   A statement indicating why the  objector  believes  that  the
                   variance should not be granted.

         4.4.2  All objections should be typewritten  or carefully  printed in
         ink on legal or letter size paper.

(16.0)    4.5  Rules of Evidence at Hearing

         4.5.1  Each party shall  have these  rights; to  call  and  examine
         witnesses; to introduce exhibits; to cross-examine opposing witnesses
         on any matter relevant to the issues even though that matter was
         not covered in the direct examination;  to impeach  any witness  regardless
         of which  party first called him to  testify;  and  to rebut  the evidence
         against him.  If a petitioner or objector does not testify  in  his
         own behalf, he may be called and examined as if  under cross-examination.

         4.5.2  The hearing need not be conducted  according to technical
         rules relating to evidence and witnesses.  Any relevant evidence shall
         be submitted if it is the sort of evidence on  which responsible
         persons are accustomed to rely in the conduct  of serious  affairs,
         regardless of the existence of any  common law  or statutory  rule  which
         might make improper the admission of such evidence over objection
         in civil  actions.  Hearsay evidence may be used  for the purpose  of
         supplementing or explaining any direct evidence  but shall not  be
         sufficient in itself to support a finding unless it would be
         admissible over objection in civil  actions.  The rules  of privilege
         shall be  effective to the same extent that they  are now or  hereafter
         may be recognized in civil actions, and irrelevant and  unduly
         repetitious evidence shall be excluded.
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(51.9)                                 CHAPTER 5

   '13)               CONTROL OF OPEN BURNING AND INCINERATION

(51.13) 5.1   It shall  be unlawful  for any persons to cause,  suffer,  allow or
        permit open burning except as provided in Section 5.1.2 and  5.1.3
        hereof.  It shall  be unlawful for any person to fail  or refuse to
        take all reasonable and necessary steps and precautions to prevent
        open burning upon  any premises owned, occupied or under the  control  of
        such person.  It shall  be unlawful  for any person to  fail  or refuse
        to take all reasonable and necessary steps and precautions to extinguish
        or otherwise terminate and abate any open burning which has  originated
        through any cause  whatsoever upon any premises owned, occupied or
        under the control  of such person or upon premises upon  which such
        person is carrying out any operation or activity.

        5.1.1  It shall  be unlawful  for any person to conduct a salvage
        operation by open  burning.

        5.1.2  Open burning may be permitted if all the following conditions
        are met.

             (a)  A written statement is filed with the Air  Pollution Control
                  Officer giving the reasons why no other method except open
                  burning  can be employed to dispose of the  refuse involved;
                  the amount and kind of refuse to be burned; the exact
                  location where the open burning will take  place; the dates
                  and times when the open burning will be done.

             (b)  The burning will be done only between the  hours of 10:00 A.M.
                  and 4:00 P.M. Central Standard Time, if practical.

             (c)  The applicant submits a plan to cease or abate such fire
                  at any time the same becomes a fire hazard or in the opinion
                  of the Air Pollution Control Officer, represents a threat
                  to the overall air quality of the area.

             (d)  A permit is obtained from the Fire Marshal  indicating
                  that no  safety hazard will be created by the  open  burning.

             (e)  The Air  Pollution Control Officer issues a permit  therefor
                  and a  written determination that such burning will not cause
                  any violation of any air quality standard  and that there
                  is no  other practical means of disposal.

             (f)  No permit for such burning shall be valid  for more than a  10
                  day period from the issuance thereof.
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         5.1.3  Open  burning may  be  permitted without compliance with Section
         5.1.2 above  stated only  in  the  following  specifically  listed instances:

              (a)   Fires  used for cooking  of food  or for  ceremonial or
                   recreational purposes including barbeques and outdoor
                   fireplaces.  Only clean fuel  not containing  garbage,
                   rubber,  plastics  or other refuse is  permitted.

              (b)   Fires  set by or at the  direction of  responsible  fire
                   control  agencies  for  the prevention, elimination or
                   reduction of a fire hazard.

         5.1.4  Open  burning may  be  permitted  in the following  instances
         without compliance with  Section 5.1.2  (b) or 5.1.2  (c) provided  there
         is full  compliance with  Section 5.1.2  (a) and  5.1.2 (e):

              (a)   Smokeless flares  or safety  flares for  the combustion of waste
                   gases  provided other, remaining applicable conditions  of
                   this regulation are met.

              (b)   Such other open burning as  may  be approved by the Air
                   Pollution Control Officer where there  is  no  other practical,
                   safe,  and lawful  method of  disposal.

              (c)   Fires  set for  the training  and  instruction of public or
                   private  firefighting  personnel  including  those  in Civil
                   Defense.

(51.9)    5.2  Incinerator Design  and Operation

         5.2.1  No residential or commercial single-chamber  incinerator shall  be
         used for the burning of  refuse  for a  period  in excess  of  18 months
         after the initial  adoption  date of these  rules and  regulations.

         5.2.2  All new incinerators and all existing incinerators, within  18
         months after the initial adoption date of these  rules  and  regulations,
         shall be multiple-chamber incinerators, provided that  the  Air Pollution
         Control  Officer may approve any other type of  incinerator  if it  is
         demonstrated such  design provides equivalent performance.

         5.2.3  No person shall operate  or cause or permit the  operation  of any
         incinerator at any time  other than between the hours of 10:00 A.M.  and
         3:30 P.M. Central  Standard  Time.   This restriction  shall  not apply  to
         incinerators having a refuse-burning  capacity  of five  tons per hour or
         more.

         5.2.4  Incinerators shall be designed and operated  in  such manner  as
         is necessary to prevent  the emission  of objectionable  odors.
                                              -107-

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         5.2.5  No person shall  cause or permit to be emitted into the open air
         from any incinerator,  participate matter in the exhaust gases to
         exceed 0.20 pounds per 100 pounds of refuse charged; provided that:
         for incinerators of more than 50 tons per day charging rate,  particulate
         matter in the exhaust gases may not exceed 0.10 pounds per 100 pounds
         of refuse charged.

         5.2.6  Emission tests  shall be conducted at maximum burning capacity
         of the incinerator.

         5.2.7  The burning capacity of an incinerator shall  be the manufacturer's
         or designer's guaranteed maximum rate or such other rate as may be
         determined by the Air Pollution Control  Officer in  accordance with
         good engineering practices.  In case of conflict,  the determination made
         by the Air Pollution Control Officer shall  govern.

         5.2.8  For the purposes of this Part, the total  of  the capacities  of
         all furnaces within one system shall  be considered  as the incinerator
         capacity.

         5.2.9  Incinerator burning may be conducted at times other than those
         specified in Section 5.2.3 as a condition of the permit to operate
         or as a limited operation with authorization from the Air Pollution
         Control Officer.

(51.9)    5.3  Incineration of Wood, Peanut, and Cotton Ginning Wastes

         5.3.1  No person shall  cause or permit to be emitted into the open air
         from any incinerator which incinerates wood, peanut, or cotton
         ginning wastes, particulate matter in the exhaust gases to exceed
         0.40 pounds per 100 pounds of material charged.

         5.3.2  Emission tests  shall be conducted at a maximum burning capacity
         of the incinerator.

         5.3.3  The burning capacity of an incinerator shall  be the manufacturer's
         or designer's guaranteed maximum rate of such other rate as may be
         determined by the Air Pollution Control  Officer in  accordance with
         good engineering practices.  In case of conflict,  the determination
         made by the Air Pollution Control Officer shall  govern.

         5.3.4  Each incinerator subject to this Part shall  be properly
         designed, equipped, and maintained for its maximum  burning capacity,
         and shall be equipped with a temperature recorder which shall be
         operated continuously with the incinerator and the  temperature
         records shall be made available for inspection at the request of  the
         Air Pollution Control  Officer, and shall either:
                                             -108-

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(a)   be equipped with an underfire forced  air system,  which
     shall  be electronically controlled to insure the  optimum
     temperature range for the complete combustion of  the amount
     and type of material  waste being charged into the incinerator;
     and a  variable damper or

(b)   consist of an all metal shell with refractory lining, circular
     furnace, and a built-in cinder catching system for either re-
     burning or other disposition; all  primary combustion air
     shall  be supplied under pressure through nozzle openings
     located around the periphery of the lower furnace; over-fire
     air shall  be provided under pressure  through ports which
     shall  be directed downward and tangentially in the same
     direction as the primary air; cinder  collection shall be
     accomplished by the provision of openings through the
     shell  located above the furnace section.
                                -109-

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(50.1)                                CHAPTER 6

                         CONTROL OF PARTICIPATE  EMISSIONS

(50.1.2)6J_  Visible Emissions

        6.1.1   Visible Emissions Restrictions for Stationary  Sources

             (a)   No person shall  discharge into the  atmosphere  from  any
                  single source of emission whatsoever any  air contaminant
                  of a shade or density darker than that designated as  No.  1
                  on the Ringelmann Chart or 20  percent opacity.

             (b)   A person may discharge into the atmosphere  from any single
                  source of emission for a period or  periods  aggregating  not
                  more than three minutes in any 60 minutes contaminants
                  of a shade of density not darker than that  designated as
                  No. 3 on the Ringelmann Chart  or 60 percent opacity.

             (c)   The Air Pollution Control Officer may approve  exceptions
                  to this Section for specific sources which  hold permits
                  under Chapter 3; provided, however, such  exceptions may
                  be made for startup, shutdown, load change, and rate
                  change or other short, intermittent periods of time upon
                  terms approved by the Air Pollution Control Officer and
                  made a part of such permit.

             (d)   The provisions of this Section shall not  apply to combustion
                  sources in single-family and duplex dwellings  where such
                  sources are used for heating or other domestic purposes.

        6.1.2  Uncombined Water

        Where the presence of uncombined water is the only  reason for failure
        of an emission to meet the requirements  of this Part, such sections
        shall  not apply.

(50.1)   6.2  Fugitive Dust

        6.2.1   No person shall cause, suffer, allow,  or permit any materials  to
        be handled, transported, or stored; or a building,  its appurtenances,
        or road to be used, constructed, altered, repaired  or demolished
        without taking reasonable precautions to prevent particulate  matter from
        becoming  airborne.  Such reasonable precautions shall include,  but  not
        limited to, the following:

             (a)   Use, where possible, of water  or chemicals  for control  of dust
                                             -110-

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                   in quarrying  operation,  the  demolition of existing buildings
                   or structures,  construction  operations, the grading of roads
                   or the clearing of land;

              (b)   Application of  asphalt,  oil, water, or suitable chemicals on
                   dirt roads, materials  stock  piles, and other surfaces
                   which create  airborne  dusts;

              (c)   Installation  and use of  hoods,  fans, and fabric filters
                   (or other suitable control devices) to enclose and vent
                   the handling  of dusty  materials.  Adequate containment
                   methods shall be employed  during  sandblasting or other
                   similar operations.

         6.2.2  Visible Emissions  Restrictions  Beyond Lot Line

         No person shall cause or  permit  the  discharge of visible fugitive dust
         emissions beyond the lot  line of the property on which the emissions
         originate.

         6.2.3  When dust, fumes,  gases,  mist,  odorous matter, vapors, or any
         combination thereof escape from  a  building  or equipment in such a
         manner and amount as to cause a  nuisance  or to violate any rule or
         regulation, the Air Pollution Control  Officer may order that the
         building  or equipment in  which processing,  handling and storage are
         done be tightly closed  and ventilated  in  such a way that all air
         and gases and air or gas-borne material leaving the building or
         equipment are treated by  removal or  destruction of air contaminants
         before discharge to the open air.

(51.5)    6.3  Fuel Burning Equipment

         6.3.1  No person shall  cause or  permit the  emission of particulate
         matter from fuel-burning  equipment in  excess of the amount shown in
         Table 6-1 for the heat  input allocated to such source.  Interpolation
         of the data in Table 6-1  for heat  input values between 10 million
         BTU/hr and 250 million  BTU/hr shall  be accomplished by the use of
         the equation:

                        E=1.38H-°'44

              where:    E = Emissions in  1 fa/mill ion  BTU
                        H = Heat Input in millions of BTU/hr

         6.3.2  For purposes of  this Part,  the  total heat  input from all
         similar fuel combustion units which  discharge particulate matter
         through a common stack  at a plant  or premises shall be used for
         determining the maximum allowable  emission  of particulate matter.
                                              -Ill-

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                                       TABLE  6-1

              ALLOWABLE PARTICULATE MATTER  EMISSION  BASED  ON  HEAT  INPUT

                    Heat Input                       Allowable  Emission
               (millions of BTU/hr)                   Ob/million  BTU)

                        1.                                   .5
                       10.                                   .5
                       20.                                   .37
                       40.                                   .27
                       60.                                   .23
                       80.                                   .20
                      100.                                   .18
                      150.                                   .15
                      200.                                   .13
                      250.                                   .12
                1,000,000.                                   .12

(50.1.1)  6.4  Process  Industries  -  General

         6.4.1   No person shall cause or permit the  emission  of particulate
         matter in any one hour from any source in excess  of  the amount  shown
         in Table 6-2  for the process weight  per hour allocated to such  source.
         Interpolation of the data  in Table 6-2 for  the  process weight per hour
         values up to  60,000 Ibs/hr shall be  accomplished  by  use of the  equation:

                        E = 3.59P0'62        P ^ 30 tons/hr

         and interpolation and extrapolation  of the  data for  process weight
         per hour values equal to or in excess of 60,000 Ibs/hr shall be
         accomplished  by use of the equation:

                        E = 17.31P0'16       P > 30 tons/hr

              where:     E = Emissions in pounds per  hour
                        P = Process weight  per hour  in tons per hour

         6.4.2  Where  the nature  of any process or operation  or the design
         of any equipment is such as to permit more  than one  interpretation  of
         this Part, the interpretation that results  in the minimum value
         for allowable emission shall apply.

         6.4.3  For purposes of this Part,  the total process  weight for  all
         similar process units at a plant or  premises shall be  used for
         determining the maximum  allowable  emission  of particulate matter
         that passes through a stack or stacks.
                                              -112-

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                                      TABLE  6-2

                       ALLOWABLE PARTICIPATE MATTER EMISSION
                           BASED ON PROCESS  WEIGHT RATE

              Process Weight Rate                   Allowable  Emission  Rate
                   (Ib/hr)	                   	(Ib/hr)	
                   100                                      0.56
                   500                                      1.52
                 1,000                                      2.34
                 5,000                                      6.33
                10,000                                      9.76
                20,000                                     14.97
                60,000                                     29.83
                80,000                                     31.23
               120,000                                     33.33
               160,000                                     34.90
               200,000                                     36.1.7
             1,000,000                                     46.79

(51.21)   6.5  Small Foundry Cupola

         6.5.1   No person shall  cause or permit the emission of participate
         matter in any one hour from any small  foundry cupola source  in excess
         of the amount shown in Table 6-3 for the process  weight  per  hour
         allocated to such source.

         6.5.2  Where the nature of any process or operation or the design of
         any equipment is such as to permit more than one  interpretation of
         this Part, the interpretation that results in the minimum value for
         allowable emission shall apply.

         6.5.3  For purposes of this Part, the total  process weight from all
         similar process units at a plant or premises shall  be used for deter-
         mining the maximum allowable emission of particulate matter  that
         passes through a stack or stacks.

         6.5.4  Foundry .cupolas with a process weight rate greater than
         50,000 pounds per hour shall be subject to the rules and regulations of
         Section 6.4.
                                              -113-

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                                      TABLE 6-3

             ALLOWABLE PARTICULATE MATTER EMISSION  BASED ON  PROCESS  WEIGHT
                            RATE FOR SMALL FOUNDRY  CUPOLAS

                Process Weight                      Allowable  Emission  Rate
                   (Ib/hr)                          	(Ib/hr)	

                   1,000                                    3.05
                   2,000                                    4.70
                   3,000                                    6.35
                   4,000                                    8.00
                   5,000                                    9.58
                   6,000                                   11.30
                   7,000                                   12.90
                   8,000                                   14.30
                   9,000                                   15.50
                  10,000                        .           16.65
                  12,000                                   18.70
                  16,000                                   21.60
                  18,000                                   23.40
                  20,000                                   25.10
                  30,000                                   31.30
                  40,000                                   37.00
                  50,000                                   42.40
(51.1)    6.6  Cotton Gins
         6.6.1   No person shall  cause or permit the  emission  of participate
         matter in any one hour  from any cotton gin  operation in excess  of the
         amount shown in Table 6-4 for the  process weight per hour  allocated
         to such operation.   Particulate matter emissions subject to  this
         Part include process emissions and incinerator emissions if  any;
         provided, however,  that this shall  in  no way  relieve or affect  the
         application of Chapter  5 to open burning and  incineration  at cotton
         gin operations.

         6.6.2  Where the nature of any process or operation  or the design
         of any equipment is such as to permit  more  than one  interpretation
         of this Part, the interpretation that  results in the minimum value
         for allowable emission  shall apply.

         6.6.3  For purposes of  this Part,  the  total process  weight from
         all similar process units at a plant or premises shall  be  used  for
         determining the maximum allowable  emission  of particulate  matter that
         passes through a stack  or stacks.
                                              -114-

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                                       TABLE 6-4

                       ALLOWABLE PARTICULATE MATTER EMISSION BASED
                          ON PROCESS WEIGHT RATE FOR COTTON GINS
         Process Weight
             Rate
            (Ib/hr)

             1,000
             1,500
             2,000
             2,500
             3,000
             3,500
             4,000
             5,000
             6,000
             7,000
             8,000
  Allowable
Emission Rate
   (Ib/hr)

     1.6
     2.4
     3.1
     3.9
     4.7
     5.4
     6.2
     7.7
     9.2
    10.7
    12.2
Process Weight
    Rate
   (Ib/hr)

    9,000
   10,000
   12,000
   14,000
   16,000
   18,000
   20,000
   30,000
   40,000
   50,000
   60,000 or more
  Allowable
Emission Rate
   (Ib/hr)

   13.V7
   15.2
   18.
   21.
   24.
   27.2
   30.
   44.
   59.
   64.0
   67.4
.1
.9
.7
(50.6)    6.7  Regulation of Odors in the Ambient Air
         6.7.1  An odor will  be deemed "objectionable" when it causes,  or is
         capable of causing,  intermittently or continuously unpleasant  or
         offensive stimuli to the sense of smell  of persons of ordinary
         sensibilities, when  located beyond the property line of the premises
         upon which the source is located.

         6.7.2  No person shall create, cause, establish, or allow,  any new
         emission source which causes "objectionable" odor as defined herein,
         beyond the property  line upon which the emission source is  located.

         6.7.3  No emission source existing on the effective date of these
         regulations shall be deemed to violate this provision, and  no  new
         emission source shall be deemed to violate this provision if the emis-
         sions from same are  diluted with odor-free air in such a way as to
         prevent it from being "objectionable" as defined herein at  all points
         beyond the property  line of the emission source.

(51.14)  6^8  Kraft Pulp Mills

         6.8.1  Applicability

         This Part applies to manufacturing facilities for the pulping  of wood
         and the preparation  and recovery of associated chemicals by the kraft
         process, including combined recovery systems serving other  processes
                                              -115-

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         such as neutral  sulfite pulping.

         6.8.2  No person shall  cause or permit the emission of particulate
         matter from any  kraft pulp mill  in excess  of the amounts  provided as
         follows:

              (a)   From all  recovery furnaces,  not  more than 4.0 pounds  per
                   ton of pulp.

              (b)   From all  smelt dissolver vents,  not more than 0.5  pounds
                   per ton.

              (c)   From all  lime kilns,  not more than 1.0 pounds per  ton of
                   pulp.

         6.8.3  The pulp  production rates  for kraft mills referred to in
         this Part shall  be  tons of unbleached  air-dried kraft pulp.

         6.8.4  Notwithstanding  the specific limits set forth in this Part,
         in order  to maintain the lowest possible emission of air contaminants,
         the highest and  best practicable  treatment and control  for particulate
         matter currently available shall  be provided for new kraft pulp mills.

(51.20)   6-9  Mood Waste  Boilers

         6.9.1  Applicability

         This Part applies to boilers and  other indirect heat exchangers
         using not less than 30% wood wastes or wood by-products as fuel
         measured  by heat input.

         6.9.2  No person shall  cause or permit the emission of particulate
         matter from any  existing wood waste boilers in excess of 0.30 grains
         per standard dry cubic  foot adjusted to 50% excess air.  Provided
         that:  for any existing wood waste boiler  which must be modified in
         order to  meet the emission limitations of  this Part, no person
         shall cause or permit the emission of  particulates in excess of:

              (a)   0.17 grains per standard dry cubic foot, adjusted  to
                   50% excess air, for combination  gas and wood waste boilers.

              (b)   0.20 grains per standard dry cubic foot, adjusted  to
                   50% excess air, for combination  oil and wood waste boilers.

              (c)   0.23 grains per standard dry cubic foot, adjusted  to  50%
                   excess air for combination coal  and wood waste boilers.

              (d)   0.20 grains per standard dry cubic foot, adjusted  to  50%
                                              -116-

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                    excess air, for boilers using woods wastes only.

(51.2)    6.10  Coke Ovens

         6.10.1   Applicability

         The provisions of this Part shall  apply to all  coke ovens.   Each
         coke oven shall  be considered as  an individual  oven.

         6.10.2  Unloading

         Every person operating coke ovens  shall apply all  reasonable measures
         to prevent dust emissions from coal unloading and  storage.

         6.10.3  Charging

         No person shall  cause or permit charging of coal or other solid
         material to a coke oven that will  result in an emission of air
         contaminants of an opacity greater than 40 percent or No.  2  on the
         Ringelmann Chart, other than that caused by uncombined water, for
         more than 5 minutes per coking cycle.

         6.10.4  Coking

              (a)  Every person operating coke  ovens shall  maintain the coke
                   oven equipment in good condition and exercise good operating
                   practice to minimize emissions during coke production
                   operations.

              (b)  No person shall cause or permit the emissions of air
                   contaminants from a coke oven during coking of an  opacity
                   equal  to or greater than 40  percent or No.  2 on the Ringel-
                   mann Chart, other than that  caused by uncombined water.

              (c)  All coke oven doors shall be operated by properly  cleaning
                   and resealing the doors  after their respective ovens are
                   pushed so as to minimize emissions.

              (d)  Every person operating coke  ovens shall  build and maintain
                   on the plant premises a facility to maintain and promptly
                   and efficiently repair coke  oven doors,  and shall  maintain
                   an inventory of coke oven doors of not less than one door
                   per twelve coke ovens operated.

         6.10.5  Pushing

         No person shall  cause or permit pushing of coke from which will result
         an emission of air contaminants of an  opacity greater than 40 percent
                                              -117-

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or No. 2 on the Ringelmann Chart, other than that caused by uncombined
water, for more than one (1) minute per coking cycle.

6.10.6  Quenching

No person shall operate a coke oven plant without baffles installed
and operating in the quench towers.  Water used for quenching must
be clear water of a quality approved by the Air Pollution Control
Officer and no water used for quenching may be contaminated.   Quenching
operations using a closed recycling system must use clear water,  of
a quality approved by the Air Pollution Control Officer, for makeup.

6.10.7  The provisions of this Part apply to all existing coke
ovens.  It is recognized that these regulations are imperfect in
controlling emissions from coke ovens, although they can contribute
to significant lowering of air pollution.  It is expected that, as
the state-of-the-art in coke oven control technology develops, more
stringent emission limitations will be prescribed.   Many of Alabama's
coke ovens have been operated since the turn of the century and,
in many cases, the age and condition of the existing coke ovens
preclude the installation of the state-of-the-art control devices.
These older ovens should be retired from service as soon as economically
possible.
                                     -118-

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(50.2)                                  CHAPTER 7

                         CONTROL OF'SULFUR COMPOUND EMISSIONS

(51.6)   7.1   Fuel  Combustion

        7.1.1   No  person shall  cause or permit the  operation of a  fuel  burning
        installation in such a  manner that sulfur oxides,  measured as  sulfur
        dioxide, are emitted in excess of 1.2 pounds per million BTU heat  input.

        7.1.2  For purposes of  this Part, the total heat input from all  similar
        fuel  combustion units at a plant or premises shall  be  used for determining
        the maximum allowable emission of sulfur  dioxide that  passes through  a
        stack or stacks.

        7.1.3  No  person shall  cause or permit the  emission or combustion  of
        any refinery process gas stream or any other process gas stream that
        contains H£S in concentrations greater than 150 ppm without removal of
        the hydrogen sulfide in excess of this concentration.

(51.18) 7.2  Sulfuric Acid Plants

        No person  shall cause or permit sulfur dioxide tail gas emissions  from
        sulfuric acid manufacturing plants to exceed 6.5 Ib/ton of 100 percent
        sulfuric acid produced.  The tail gas acid  mist emissions  are  not  to
        exceed 0.5 Ib/ton of sulfuric acid produced and the sulfur trioxide
        emissions  are not to exceed 0.2 Ib/ton of sulfuric acid produced.

(51.19) 7.3  Sulfur Recovery Plants

        7.3.1   No  person shall  cause or permit the  sulfur  oxide emission from
        any existing sulfur recovery plant recovering sulfur from  natural  gas
        to exceed  0.16 pounds per pound of sulfur processed.

        7.3.2  Except as provided by Section 7.3.1, no person  shall cause  or
        permit the sulfur oxide emission from a sulfur recovery plant  to
        exceed 0.08 pounds per  pound of sulfur processed.

(51.14) 7.4  Kraft Pulp Mills

        7.4.1   Applicability

        This  part  applies to manufacturing facilities for  the  pulping  of wood
        and the preparation and recovery of associated chemicals by the kraft
        process, including combined recovery systems serving other processes
        such  as neutral sulfite pulping.
                                              -119-

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7.4.2  No person shall cause or permit the emissions of total  reduced
sulfur (TRS) from recovery furnaces, lime kilns, digesters,  and
multiple effect evaporators to exceed 1.2 pounds (expressed  as hyrdogen
sulfide on a dry gas basis) per ton of air-dried pulp from kraft pulp
mi 11 s.

7.4.3  The pulp production rates for kraft pulp mills referred to in
this part shall be calculated as provided in paragraph 6.8.3.

7.4.4  Notwithstanding the specific limits set forth in this Part,
in order to maintain the lowest possible emission of air contaminants,
the highest and best practicable treatment and control for TRS
currently available shall be provided for new kraft pulp mills.
                                      -120-

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(50.4)                                  CHAPTER 8

                        CONTROL OF HYDROCARBON EMISSIONS

        ^.J_  Storage of Volatile Organic Materials

        8.1.1  No person shall  place,  store,  or hold in any stationary  tank
        reservoir or other container of more  than 60,000  gallons  capacity  any
        volatile organic compounds unless such tank, reservoir, or other
        container is a pressure tank capable  of maintaining working pressures
        sufficient at all  times to prevent vapor or gas loss to the atmosphere
        or is designed, and equipped with one of the following vapor loss
        control devices:

            (a) A floating roof, consisting of a pontoon  type, double deck
                type roof or internal  floating cover,  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.  This control equipment shall not be permitted if the
                volatile organic compounds have a vapor pressure  of 11.0
                pounds per square inch absolute (568 mm Hg) or greater  under
                actual storage  conditions. All tank gauging or sampling devices
                shall be gas-tight except when tank gauging or sampling is
                taking place.

            (b) A vapor recovery system, consisting of a  vapor gathering system
                capable of collecting the volatile organic compound vapors
                and gases discharged and a vapor disposal  system  capable of
                processing such volatile organic 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.

            (c) Other equipment or means of equal efficiency for  purposes  of
                air pollution control  as may  be approved  by the Air Pollution
                Control Officer.

            (d) No person shall place, store  or hold in any new stationary
                storage vessel  more than 1000-gallon capacity any volatile
                organic compound unless such  vessel is equipped with a  permanent
                submerged fill  pipe or is a pressure tank as described  in
                paragraph (a) above, or is fitted with a  system as described
                in paragraph (b) above.  Existing stationary storage vessels
                shall employ portable submerged fill pipes or be  equipped
                with permanent  submerged fill pipes.

        8.1.2  This Part shall  not apply to crude petroleum produced, separated,
        treated or stored in the field.
                                              -121-

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(51.16)   8.2  Volatile Organic Materials  Loading Facilities

         8.2.1   No person shall  load any  volatile organic  compounds  into  any
         tank,  truck,  or trailer from any terminal  or bulk storage facility
         handling more than 50,000 gallons per day unless  such  terminal or
         facility is equipped with a vapor collection and  disposal system,
         or its equivalent, properly installed, in good working order,
         or has in operation a loading system which will result in a 95
         percent submerged fill  either with a submerged fill  pipe or by
         loading from the bottom.

         8.2.2   No person shall  load any  volatile organic  compounds  into  any
         tank,  truck,  or trailer having a capacity in excess  of 200  gallons,
         unless such loading facility is  equipped as set forth  in paragraph
         8.2.1.  Where the vapor collection and disposal system is utilized,
         the loading arm shall be equipped with a vapor collection adaptor,
         pneumatic, hydraulic, or other mechanical  means which  will  provide
         a  vapor-tight seal between the  adaptor and the hatch. A means  shall
         be provided to prevent liquid organic compounds drainage from the
         loading device when it is removed from the hatch  of  any tank, truck
         or trailer.  When loading is effected through means  other than the
         hatches, all  loading lines shall be equipped with fittings  which make
         vapor-tight connections and which close automatically  when  disconnected.

         8.2.3   This Part shall  not apply to crude petroleum, produced, separated,
         treated or stored in the field.

(51.16)   8.3  Volatile Organic Compound Hater Separator

         8.3.1   No person shall  use any compartment of any single or multiple
         compartment volatile organic compound water separation which receives
         effluent water containing 1,000  gallons a day or  more  of any volatile
         organic compound from processing, refining, treating,  storing, or
         handling volatile oraganic compounds unless such  compartment 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.

            (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 be
                equipped with a closure seal or seals to  close  the space
                between the roof edge and container wall.  All  gauging and
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                   sampling devices shall  be gas-tight except when  gauging
                   or sampling is taking place.

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

              (d)  A container having other equipment of equal efficiency for
                   purposes of air pollution control as may  be approved by
                   the Air Pollution Control Officer.

(51.16)   8.4  Pumps and Compressors

         All new pumps and compressors handling volatile organic compounds
         shall have mechanical seals or other equipment of equal efficiency
         for purposes of air pollution control as may be approved by the
         Air Pollution Control Officer.

(51.21)   8J  Waste Gas Disposal

         8.5.1  No person shall emit a waste gas stream from any ethylene
         producing plant into the atmosphere unless the waste gas stream  is
         properly burned at 1,300 F for 0.3.seconds or greater in a direct-
         flame afterburner equipped with an indicating pyrometer which  is
         positioned in the working area at the operator's eye level or  an
         equally effective catalytic vapor incinerator also  with pyrometer.

(50.4)   8.6  Organic Solvents

         8.6.1  A person shall not discharge into the atmosphere more than
         15 pounds of organic materials in any one day, nor more than 3
         pounds in any one hour, from any article, machine,  equipment or  other
         contrivance in which any 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, unless  said discharge
         has been reduced by at least 85 percent.  Those portions of any
         series of articles, machines, equipment or other contrivances
         designed for processing a continuous web, strip or wire which  emit
         organic materials and using operations described in this section shall
         be collectively subject to compliance with this section.

         8.6.2  A person shall not discharge into the atmosphere more than
         40 pounds of organic materials in any one day, nor more than 8
         pounds in any one hour, from any article, machine,  equipment,  or other
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contrivance used under conditions other than described in
Section 8.6.1 for employing, or applying any photochemically
reactive solvent, as defined in Section 8.6.9, or material
containing such photochemically reactive solvent, unless said
discharge has been reduced by at least 85 percent.  Emissions
of organic materials into the atmosphere resulting from air
or heated drying of products for the first 12 hours after
their removal from any article, machine, equipment, or other
contrivance described in this section shall be included in
determining compliance with this section.  Emissions resulting
from baking, heat-curing, or heat-polymerizing as described
in Section 8.6.1 shall be excluded from determination of
compliance with this section.  Those portions of any series
of articles, machines equipment or other contrivances designed
for processing a continuous web, strip, or wire which emit
organic materials and using operations described in this
section shall be collectively subject to compliance with this
section.

8.6.3  Emissions of organic materials to the atmosphere from the
cleanup with photochemically reactive solvents,  as defined in Section
8.6.2 of any article, machine,  equipment or other contrivance described
in Sections 8.6.1  or 8.6.2, shall  be included with the other emissions
of organic materials from that  article,  machines, equipment, or other
contrivance for determining compliance with this rule.

8.6.4  Emissions of organic materials into the atmosphere required
to be controlled by Sections 8.6.1  and 8.6.2, shall  be reduced by:

     (a)  Incineration,  provided that 90 percent or more of the carbon
          in the organic material  being incinerated is oxidized to
          carbon dioxide, or

     (b)  Adsorption, or

     (c)  Processing in a manner determined by the Air Pollution
          Control  Officer to be not less effective than paragraphs
          (a) or (b) above.

8.6.5  A person incinerating, adsorbing, or otherwise processing organic
materials pursuant to this Part shall provide, properly install, and
maintain in calibration, in good working order and in operation,
devices as specified in the permit to construct or the permit to
operate, or as specified by the Air Pollution Control Officer, for
indicating temperatures, pressures rates of flow, or other operating
conditions necessary to determine the degree and effectiveness of air
pollution control.
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8.6.6  Any person using organic solvents  or any materials  containing
organic solvents shall  supply the Air Pollution Control  Officer,  upon
request and in the manner and form prescribed by him,  written  evidence
of the chemical  composition, physical  properties, and  amount consumed
for each organic solvent used.

8.6.7  The provisions of this Part shall  not apply to:

     (a)  The manufacture of organic solvents, or the  transport or
          storage of organic solvents or  materials containing
          organic solvents.

     (b)  Paint spray booth installations.

     (c)  The employment, application, evaporation or  drying of
          saturated halogenated hydrocarbons or organic  compounds
          in which all  olefinic groups contain 3 or more halogen atoms.

     (d)  The use of any material in any  article, machine or equipment
          described in Sections 8.6.1, 8.6.2, or 8.6.3,  if:

          (1)  The volatile content of such material consists  only
               of water and organic solvents, and

          (2)  The organic solvents comprise not more  than 20  percent
               of said volatile content,  and

          (3)  The volatile content is not photochemically reactive
               as defined in Section 8.6.9.

     (e)  Coatings applied to permanently located structures or surfaces.

8.6.8  For the purposes of this Part, organic solvents include
diluents and thinners and are defined as  organic materials which
are liquids at standard conditions and which are used as dissolvers,
viscosity reducers, or cleaning agents.

8.6.9  For the purposes of this Part, a photochemically  reactive solvent
is any solvent with an aggregate of more  than 20 percent of its total
volume composed of the chemical compounds classified below or  which
exceeds any of the following individual percentage composition
limitations, referred to the total volume of solvent:

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

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

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

         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.

         8.6.10  For the purposes of this Part, organic materials are defined
         as chemical compounds of carbon excluding carbon  monoxide,  carbon
         dioxide,  carbonic acid, metallic carbides, metallic carbonates,
         and ammonium carbonate.

(51.21)   8.7.  Disposal  and Evaporation of Solvents

         A person shall  not,  during any one day,  dispose of a total  of  more
         than 1.5 gallons of  any photochemically reactive  solvent, as defined
         in Section 8.6.9, or of any material containing more than 1.5  gallons
         of any such photochemically reactive solvent by any means which will
         permit the evaporation  of such solvent into  the atmosphere.

         8.8  The provisions  of this Chapter (8)  shall  apply to all  new
         tanks, reservoirs, other containers, storage vessels,  terminals,
         bulk storage facilities, loading facilities, and  volatile organic
         compound water separators, and other sources which are constructed,
         or otherwise come into  being, after the date of initial  adoption of
         this Chapter,  without regard to their location.
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(50.5)                                 CHAPTER  9

                         CONTROL  OF CARBON  MONOXIDE  EMISSIONS

         9.1   No person shall  emit the carbon  monoxide  gases generated during the
         operation of a grey iron cupola, blast  furnace,  or basic oxygen  steel
         furnace unless they are  burned at  1300  F  for 0.3 seconds or  greater
         in a direct flame afterburner or equivalent device equipped  with an
         indicating pyrometer which is positioned  in the  working area at  the
         operator's eye level.

         9.2  No person shall  emit carbon monoxide waste  gas stream from  any
         catalyst regeneration of a petroleum  cracking  system,  petroleum
         fluid coker, or other petroleum process into the atmosphere, unless
         the waste gas stream is  burned at  1300  F  for 0.3 seconds or  greater in
         a direct-flame afterburner or boiler  equipped  with an  indicating pyrometer
         which is positioned in the working area at  the operator's eye level.
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(50-3)                               CHAPTER 10

                       CONTROL OF NITROGEN  OXIDES  EMISSIONS

(51.7)    10.1   New Combustion Sources

         10.1.1   No person shall  cause or permit emissions of nitrogen  oxides
         from a  new gas-fired boiler with a capacity of 250  million  BTU/hr or
         more in excess of 0.20 pounds per million BTU  of heat input per hour.

         10.1.2   No person shall  cause or permit emissions of nitrogen  oxides
         from a  new oil-fired boiler with a capacity of 250  million  BTU/hr or
         more in excess of 0.30 pounds per million BTU  of heat input per hour.

         10.1.3   No person shall  cause or permit emission of nitrogen oxides
         from a  new coal-fired boiler with  a capacity of 250 million BTU per
         hour or more in excess of 0.7 pounds per  million BTU of heat input
         per hour.

         T_0.1:4   For purposes of this Part, the total heat input from all
         similar fuel combustion units at a plant  or premises shall  be  used
         for determining the maximum allowable  emission of nitrogen  oxides
         that passes through a stack or stacks.

(51.10)  10.2  Nitric Acid Manufacturing

         No person shall cause or permit the emission of nitrogen oxides
         calculated as nitrogen dioxide, from nitric acid manufacturing plants
         in excess of 5.5 pounds per ton of 100 percent acid produced.
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(12.0)                               CHAPTER 11

                      CONTROL OF EMISSIONS FROM MOTOR VEHICLES

(12.0)
(50 1  2) "*•"*•"*   Visible Emission Restrictions for Motor Vehicles

         11.1.1  No persons shall  cause or permit the emission  of visible
         air contaminants from gasoline-powered motor vehicles,  operated upon
         any street, highway, or other public place,  for longer than 5
         consecutive seconds.

         11.1.2  No person shall cause or permit the  emission of visible air
         contaminants from diesel-powered motor vehicles and other movable sources,
         of a shade or density greater than 20 percent opacity  for longer than
         5 consecutive seconds.

         11.1.3  Uncombined Water

         Where the presence of uncombined water is the only reason for failure of
         an emission to meet the requirements of this Part, such section shall
         not apply.

(12.0)   11.2  Ignition System and Engine Speed

         All 1968 and subsequent model year gasoline  powered motor vehicles shall
         be maintained so as to be in compliance with the following requirements.

         11.2.1  The number of revolutions per minute of an engine while
         operating at idle speed shall be in accordance with the specifications
         and determined under conditions published by the manufacturer, but
         in no case shall the idle speed be less than the minimum specified
         in such published specifications.  Revolutions per minute shall be
         tested for accuracy and precision at reasonable intervals.

         11.2.2  Ignition timing of an engine shall  comply with the published
         specifications of the manufacturer as determined in accordance with
         procedures and conditions specified by the manufacturer.

         11.2.3  All cylinders shall be firing.

(12.0)   11.3  Crankcase Ventilation Systems

         The positive crankcase ventilation system on all 1968  and subsequent
         model year gasoline powered motor vehicles,  except motorcycles and motor
         tricycles, and all 1969 and subsequent model year gasoline powered
         motor vehicles, including motorcycles and motor tricycles, shall meet
         the following requirements:
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         11.3.1   The plumbing and connections  shall  be  properly  connected  as
         installed by the manufacturer and free  of obstructions  and  leakage.

         11.3.2   There shall  be a negative pressure (suction)  at the inlet
         of the  crankcase ventilation valve.

         11.3.3   The crankcase ventilation valve shall  be  freely operative so  as
         to regulate the flow of gases through the system.

(12.0)    11.4  Exhaust Emission Control  Systems

         11.4.1   Air Injection System

         Exhaust emission control air injection  systems on  those gasoline
         powered motor vehicles so equipped by the manufacturer  shall  operate  so
         that:

              (a)  The air delivery hoses, connections, and air  distribution
                   manifold shall be properly  connected as  installed by  the
                   manufacturer and free of obstructions and leakage.

              (b)  The air compressor drive belt tension shall be within
                   manufacturer's specifications.

              (c)  There is a positive air flow  from the air pump to the air
                   delivery distribution manifold.

              (d)  The check valve prevents any  reverse air flow from the
                   air distribution manifold out through the check valve inlet.

              (e)  The anti-backfire valve, gulp-valve, air bypass valve,  or
                   other similar device with the same function permits the passage
                   of air from the air pump to the exhaust  manifold  or manifolds,
                   except when the carburetor  throttle  is  closed rapidly from  an
                   open position as in deceleration.

         11.4.2   Engine Modification Systems

         All  vacuum control valves, vacuum lines,  mechanical linkage,  electrical
         circuits and switches peculiar to certain engine  modification systems
         shall  be properly connected as installed  on all 1968 and subsequent
         model year gasoline powered motor vehicles so  equipped  by the manufacturer.

         11.4.3   Other Exhaust Emission Control  Systems

         Any  other exhaust emission control system, other  than air injection
         or engine modification, which is installed or  incorporated  in a
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         motor vehicle in compliance with  Federal  motor  vehicle  pollution
         control  regulations  shall  be maintained  in  good operable  conditions
         as specified by the  manufacturer  and shall  be used  at all  times that
         the motor vehicle is operated.

         11.4.4  The requirements of this  Part shall  apply to  all  gasoline
         powered motor vehicles with the following exceptions:

              (a)  Vehicles of 1967 or earlier model  year.

              (b)  Vehicles not equipped by the manufacturer with  exhaust
                   emission control air injection systems.

              (c)  Motor vehicles with an  engine  displacement  of less  than
                   50 cubic inches (819.35 cubic  centimeters).

(12.0)    11.5  Evaporative Loss Control  Systems

         The evaporative loss control systems or  devices designed  and  installed
         on 1972 and subsequent model year gasoline  powered  motor  vehicles
         shall be maintained  in an operable condition such that  the system
         or device continues  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.

(2.0)     11.6  Other Prohibited Acts

         In addition to the other strictures contained in this Chapter,  no
         person shall cause,  suffer, allow, or permit the removal,  disconnection,
         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
         purpose of any such  motor vehicle pollution control device by installing
         therein or thereto any part or component which  is not a comparable
         replacement part or  component of  the device.  Provided  that:

         11.6.1  The components or parts of emission control systems on
         motor vehicles may be disassembled or reassembled for the purpose of
         repair and maintenance in proper  working order.

         11.6.2  Components and parts of emission control systems  may  be removed
         and replaced with like components and parts intended  by the manufacturer
         for such replacement.

         11.6.3  The provisions of this Part shall not apply to  salvage
         operations on wrecked motor vehicles when the engine  is so damaged
         that it will not be  used again for the purpose  of powering a  motor
         vehicle on a highway.
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(2.0)     11.7  Effective Date

         The provisions of this  Chapter shall  become  effective  immediately
         upon their adoption and promulgation.
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     JEFFERSON COUNTY BOARD OF HEALTH



AIR POLLUTION CONTROL RULES AND REGULATIONS
                         -133-

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(2.0)                                  CHAPTER 1

                                 GENERAL PROVISIONS

(2.0)     1.1   Declaration of Policy and Purpose

         1.1.1   It is hereby declared to be the  public  policy  of the  Jefferson
         County Board of Health and the purpose  of these  regulations  to  achieve
         and  maintain such levels of air quality as  will  protect human health
         and  safety,  and to the greatest degree  practicable, prevent  injury
         to plant and animal  life and property,  foster  the  comfort  and convenience
         of the people,  promote the social  development  of Jefferson County
         and  facilitate  the enjoyment of the natural  attractions of this County.

         1.1.2   To these ends it is the purpose  of these  regulations  to  provide
         for  a  coordinated program of air pollution  prevention,  abatement and
         control  in Jefferson County; to facilitate  cooperation  with  the
         Alabama Air Pollution Control  Commission and its technical staff; and
         to provide a framework consistent  with  Act  769,  Alabama Legislature,
         Regular Session 1971, within which all  values  may  be  balanced in the
         public interest.

(2.0)     1.2   Structure  and Numbering of Rules and Regulations

         1.2.1   Title and Scope

         The  provisions  contained in these  rules and regulations shall be known
         and  may be cited as the Jefferson  County Air Pollution  Control  Rules
         and  Regulations, and shall apply to all activities and  all persons
         in Jefferson County, Alabama,  including Federal  activities.

         1.2.2   Chapters

         The  normal division of these rules and  regulations are  chapters,
         which  should encompass a broad subject  matter.  Chapters are numbered
         consecutively in Arabic throughout the  rules and regulations.

         1.2.3   Parts

         The  normal division of chapters are parts.   A  part should  be devoted
         to a specific subject matter within a chapter.  Parts are  numbered
         consecutively in Arabic throughout each chapter  and shall  include the
         number of the chapter set off by a decimal  point.   Thus, the part
         number for part 15 within Chapter  3 is  3.15.
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         1.2.4  Sections

         The normal  divisions  of parts  are  sections.  The  section  is  the
         basic unit of these rules  and  regulations.   Sections  are  numbered
         consecutively in Arabic throughout each  part and  shall  include the
         numbers of the part set off by a decimal  point.   Thus,  the section
         number for Section  26 of Part  3.15 is  3.15.26.

         1.2.5  Internal  Division of Sections
         Whenever internal  divisions  are necessary,  sections  shall  be  subdivided
         into paragraphs, paragraphs  into subparagraphs,  and  subparagraphs
         into subdivisions, designated as follows:

                   Terminology:                      Illustrative  Symbol:

                   Paragraph                               (a)

                   Subparagraph                             (1)

                   Subdivision                             (i)

         1.2.6  Promulgation Procedure

         All  requirements and provisions subject to  inclusion in  these rules  and
         regulations shall  be drafted as amendments  to  the Jefferson County
         Air Pollution Control Rules  and Regulations and  prepared in accordance
         with the provisions of this  part and with,  insofar as  it applies and
         does not conflict with  this  part, the provisions of  Part 17 or Title 1
         of the Code of Federal  Regulations,  as the  same  may  be amended or
         revised.
(1.0)     1.3  Definitions
         As used in these rules and regulations,  terms  shall  have the meanings
         ascribed in this part.

         "Act" shall mean the Alabama Air Pollution Control  Act of 1971,
         Act No. 769, Regular Session, 1971.

         "Air Contaminant" shall  mean any solid,  liquid,  or  gaseous matter,
         any odor, or any combination thereof,  from whatever source.

         "Air Pollution" shall mean the presence  in the outdoor atmosphere of
         one or more air contaminants in such quantities  and duration as  are,
         or tend to be, injurious to human health or welfare,  animal  or
         plant life, or property, or would interfere with the enjoyment of life
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or property throughout the County and in such territories of the County
as shall be affected thereby.

"Air Pollution Emergency" shall  mean a situation in which meteorological
conditions and/or contaminant levels in the ambient air reach or exceed
the levels which may cause imminent and substantial endangerment to
health.

"Board" shall mean the Jefferson County Board of Health.

"Chairman" shall mean the Chairman of the Jefferson County Board of
Health.

"Commenced" shall mean that an owner or operator has undertaken a
continuous program of construction or modification or that an owner
or operator has entered into a binding agreement or contractual
obligation to undertake and complete, within a reasonable time,  a
continuous program of construction or modification.

"Commission" shall mean the "Air Pollution Control  Commission
of the State of Alabama established by the Act.

"Construction" shall mean fabrication, erection, or installation of  an
affected facility.

"Control" shall mean any device which has the function of controlling
the emissions from a process, fuel-burning, or refuse-burning device
and thus reduces the creation of, or the emission of, air contaminants
into the atmosphere, or both.

"Control Regulation" shall mean a legally enforceable emission control
strategy.

"Control Strategy" shall mean a collection of various emission standards
selected for the different categories of sources.

"County" shall mean Jefferson County, Alabama.

"Director" shall mean the Director of the Bureau of Environmental Health
of the Jefferson County Department of Health, or in his absence, the
Assistant Director of the Bureau of Environmental Health.

"Effluent Water Separator" shall mean any tank,  box, sump, or other
container in which any volatile organic 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.
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"Emission" shall mean a release into the outdoor atmosphere of air
contaminants.

"Existing Source" shall mean any source in operation or on which
construction has commenced on the date of initial adoption of an applicable
rule or regulation; except that any existing source which has undergone
modification after the date of initial adoption of an applicable rule
or regulation, shall be reclassified and considered a new source.

"Federal Act" shall mean the Clean Air Act (42 U.S.C. 1857 et seq.)  as
last amended, and as may hereafter be amended.

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

"Fugitive Dust" shall mean solid air-borne particulate matter emitted
from any source other than a flue or stack.

"Health Officer" shall mean the Health Officer of the Jefferson County
Department of Health or his designee.

"Heat Available" shall mean the aggregate heat content of all fuels
whose products of combustion pass through a stack or stacks.

"Incinerator" shall mean any equipment, device or contrivance and all
appurtenances thereof used for the destruction by burning of solid,
semi-solid, liquid, or gaseous combustible wastes.

"Maximum Process Weight Per Hour" shall mean the equipment manufacturer's
or designer's guaranteed maximum (whichever is greater) process
weight per hour.

"Model Year" shall mean the annual production period of new motor
vehicles designated by the calendar year in which such period ends,
provided that if the manufacturer does not so designate vehicles manu-
factured by him, the model year with respect to such vehicles shall
mean the twelve month period beginning January 1 of the year specified
herein.

"Modification" shall mean any physical change in, or change in the
method of operation of, an affected source which increases the amount
of any air contaminant (to which a rule or regulation applies) emitted
by such source or which results in the emission of any air contaminant
(to which a rule or regulation applies) not previously emitted,
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except that:

     (a)  Routine maintenance, repair, and replacement shall  not be
          considered physical changes, and

     (b)  The following shall not be considered a change in the method
          of operation:

          (1)  An increase in the production rate;

          (2)  An increase in hours of operation;

          (3)  Use of an alternative fuel  or raw material

"Motor Vehicle" shall mean every self-propelled device in  or upon or by
which, any person or property is, or may be transported or drawn
upon a public highway.

"New Source" shall mean any source built or installed on or after the
date of initial adoption of an applicable rule or regulation and any
source existing at said stated time which later undergoes  modification.
Any source moved to.another premise involving a change of location after
the date of initial adoption of an applicable rule or regulation shall
be considered a new source.

"Odor" shall mean smells or aromas which are unpleasant to persons,
or which tend to lessen human food and water intake,  interfere with sleep,
upset appetite, produce irritation of the upper respiratory tract,
or cause symptoms of nausea, or which by their inherent chemical or
physical nature, or method of processing,  are, or may be detrimental
or dangerous to health.  Odor and smell are used interchangeably herein.

"Opacity" shall mean the obscuration to an observer's view produced by
smoke of any color that is equivalent to an obscuration by smoke of a
shade specified in the Ringelmann Smoke Chart published by the United
States Bureau of Mines.

"Open Burning" shall mean the burning of any matter in such a manner that
the products of combustion resulting from the burning are emitted
directly into the ambient air without passing through an adequate
stack, duct, or chimney.

"Operating time" shall mean the number of hours per year that a source
conducts operations.

"Owner or Operator" shall mean any person who owns, leases, operates,
controls, or supervises an affected facility, article, machine, equipment,
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or other contrivance, or source.

"Participate Matter" shall  mean finely divided material,  except uncombined
water which is a liquid or solid  at standard conditions of temperature
at 70 F and pressure at 14.7 pounds per square inch absolute.

"Person" means the State, any individual  partnership,  firm, association,
municipality, public or private corporation or institution, political
subdivision or agency of the State, including any Environmental Improve-
ment Authority established pursuant to Act Number 1117, Regular Session
of 1969 (General Acts 1969, p. 2060), any trust,  estate,  or any other
legal entity and any successor, representative, agent, or agency of the
foregoing, the United States or any department, agency or instrumentality
of the executive, legislative or judicial branches of the Federal
Government.

"Process" shall mean any action,  operation, or treatment  of materials,
including handling and storage thereof, which may cause discharge of an
air contaminant, or contaminants, into the atmosphere, but excluding
fuel burning and refuse burning.

"Process Weight Per Hour" shall mean the total weight of  all materials
introduced into any specific process that may cause any discharge of
particulate matter.  Solid fuels  charged will be considered as part of
the process weight, but liquid and gaseous fuels and combustion air
will not.  For a cyclical or batch operation, the process weight per
hour will be derived by dividing  the total process weight by the
number of hours in one complete operation from the beginning of any
given process to the completion thereof, excluding any time during which
the equipment is idle.  For a continuous operation, the process weight
per hour will be derived by dividing the process weight for a typical
period of time by that time period.

"Refuse" shall mean matter consisting of garbage, rubbish, ashes, street
debris, dead animals, abandoned vehicles, industrial wastes, demolition
wastes, construction wastes, special wastes, or sewage treatment
residue.

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

"Smoke" shall mean gas-borne particles resulting from incomplete combus-
tion, consisting predominantly, but not exclusively, of carbon, ashes,
or other combustible material.

"Soiling Index" shall mean a measure of the soiling properties of
suspended particles in air determined by drawing a measured volume of
air through a known area of Whatman No. 4 filter paper for a measured
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         period of time, expressed as COHs/1,000 linear feet.

         "Source" shall  mean any building, structure,  facility,  installation,
         article, machine, equipment, device,  or other contrivance which emits
         or may emit any air contaminant.   Any activity which  utilizes  abrasives
         or chemcials for cleaning or any  other purpose (such  as cleaning the
         exterior of buildings) which emits air contaminants  shall  be considered
         a source.

         "Stack or ducts" shall mean any flue  duct,  or other  contrivance arranged
         to conduct emission to the open air.

         "Startup" shall mean the setting  in operation of an  affected source for
         any purpose.

         "State" shall  mean the state of Alabama.

         "Submerged Fill Pipe" shall mean  any  fill  pipe, the  discharge  opening
         of which is entirely submerged when the liquid level  is 6 inches above
         the bottom of the tank; or when applied to  a  tank which is loaded from
         the side, shall mean any fill  pipe, the discharge opening of which is
         entirely submerged when the liquid level  is two times the fill  pipe
         diameter, in inches, above the bottom of the  tank.

         "Total Reduced Sulfur (TRS)" shall mean hydrogen sulfide,  mercaptans,
         dimethyl sulfide, dimethyl disulfide, and any other organic sulfides
         present.

         "Uncombined Water" shall mean  any water droplets or  water vapor
         condensate that does not contain  any  other  solid or  liquid particulate
         matter attached to the water droplets.

         "Volatile Organic Compounds" shall mean any compound  containing carbon
         and hydrogen or containing carbon and hydrogen in combination  with any
         other element which has a vapor pressure of 1.5 pounds  per square
         inch absolute or greater under actual storage conditions.

(2.0)     1.4  Air Pollution Control Program

         There is hereby created within the Bureau of  Environmental Health
         of the Jefferson County Department of Health  an Air  Pollution
         Control Program.  The Director of the Bureau  of Environmental  Health
         shall administer these regulations and the  program under the direction
         of the Health Officer.

(2.0)     1.5  Powers and Duties of the  Health  Officer.  The Health Officer of  the
         Jefferson County Department of Health shall have the following powers
         and duties:
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1.5.1  To hold hearings relating to any aspect of or matter in  the
administration of these regulations, and in connection therewith,
compel the attendance of witnesses and the production of evidence.

1.5.2  To issue such orders as may be necessary to effectuate the
purposes of these regulations and enforce the same by all  appropriate
administrative and judicial proceedings.

1.5.3  To require records relating the emissions which cause or
contribute to air contamination.

1.5.4  To secure necessary scientific, technical, administrative and
operational services, including laboratory facilities, by contract  or
otherwise.

1.5.5  To prepare and develop a comprehensive plan or plans for the
prevention, abatement and control on air pollution in Jefferson County.

1.5.6  To encourage voluntary cooperation by persons and affected
groups to achieve the purposes of these regulations.

1.5.7  To encourage and conduct studies, investigations and research
relating to air contamination and air pollution and their causes,
effects, prevention, abatement and control.

1.5.8  To determine by means of field studies and sampling the degree
of air contamination and air pollution in the County and the several
parts thereof.

1.5.9  To make a continuing study of the effects of the emission of
air contaminants from motor vehicles on the quality of the outdoor
atmosphere of Jefferson County and the several parts thereof, and
make recommendations to appropriate public and private bodies with
respect thereto.

1.5.10  To collect and disseminate information and conduct educational
and training programs relating to air contamination and air pollution.

1.5.11  To advise, consult, contract and cooperate with agencies of
the State, local governments, industries, other states, interstate  or
interlocal agencies, and the Federal Government, and with interested
persons or groups.

1.5.12  To consult, upon request, with any person proposing to construct
install or otherwise acquire an air contaminant source or device or
system for the control thereof, concerning the efficacy of such device
or system, or the air pollution problem which may be related to the
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         source, device or system.   Nothing in any such  consultation  shall  be
         construed to relieve any person from compliance with  the  Act,  these
         regulations, or any other  provision of law.

         1.5.13  To accept, receive and administer grants or other funds  or gifts,
         from public and private agencies,  including  the Federal and  State
         Government, for the purpose of carrying out  any of the functions of
         these regulations.

         1.5.14  To provide for the establishment of  advisory  committees,
         appointment of the membership of such committees, scope of investigation,
         and other duties, of such  committees.

         1.5.15  To require from any person reports containing information  as
         may be required by the Health Officer concerning location,  size  and
         height of contaminant outlets, processes employed, fuels  used  and
         the nature and time periods or duration of emissions, and such other
         information as is relevant to air pollution.

         1.5.16  To provide for the delegation of the authority of the  Health
         Officer to employees of the Jefferson County Department of Health
         for the performance of any act or duty necessary or incidental to
         the administration of the  Act or these regulations.

(14.0)   1.6  Availability of Records and Information

         1.6.1   Pub-lie Inspection of Records

         Except as is provided in this part, any records, reports  or information
         obtained under the Act or  these regulations  and the official records
         of the Board shall be available to the public for inspection.  Requests
         to inspect such records should state the general subject  matter  of
         the records sought to be inspected to permit identification  and  location.

         1.6.2  Exceptions

         Upon a showing satisfactory to the Health Officer by  any  person  that
         records, reports, or information,  or particular part  thereof,  (other
         than emission data) to which the Health Officer has access if  made
         public, would divulge production or sales figures or  methods,  processes
         or production unique to such person, or would otherwise tend to  affect
         adversely the competitive  position of such person by  revealing trade
         secrets, the Board and the Health  Officer shall consider  such  record,
         report, or information or  particular portion thereof  confidential  in
         the administration of the  Act and these rules and regulations.
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         1.6.4  Denial  of Requests  for,  or Non-existence  of,  Information.   If
         it is determined pursuant  to this Part that  requested  information
         will  not be provided or that,  to  the best knowledge  of the  Health
         Officer, requested information  does  not exist, the Health Officer
         shall notify in writing the party requesting the information  that  the
         request is either denied or cannot be fulfilled.

         1.6.5  Copies  of Documents

         If it is determined that information requested may be  disclosed, the
         requesting party shall  be  afforded the opportunity to  obtain  copies
         of the documents containing such  information.  Upon  request,  the
         Health Officer may furnish said copies at a  price to be set by  the
         Health Officer that would  compensate for the cost of producing  the
         requested copies.

         1.6.6  Disclosure of Information

         Nothing herein shall be construed to prevent disclosure of  such report,
         record or information to Federal  or  State representative as necessary
         for purposes of administration  of the Program or of  any Federal  or State
         Air Pollution Control Agency,  or  when relevant in any  proceeding under
         the Act or these regulations.

         1.6.7  Correlation of Information

         As soon as practicable, the Health Officer shall provide for  public
         availability of emission data  reported by source owners or  operators or
         otherwise obtained by the  Health  Officer.  Such  emission data shall be
         correlated with applicable emission  limitations  or other measures. As
         used in this section, "correlated" means presented  in  such  a  manner as
         to show the relationship between  measured or estimated amounts  of
         emissions and the amounts  of such emissions  allowable  under these  rules
         and regulations.

(4.0)    1.7  Ambient Air Quality Standards

         1.7.1  Primary and Secondary Standards

         The national primary ambient air  quality standards and national  secondary
         ambient air quality standards  and accompanying appendices of  reference
         methods, set forth at Part 50  of  Title 40 or the Code  of Federal
         Regulations, as the same may be amended or revised,  are hereby
         incorporated and made a part of these regulations, and shall  apply
         throughout the county.

         1.7.2  Policy

         It is the objective of the Board  to  obtain and maintain the ambient air
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         quality standards  of this  Part  in  achieving  the  policy and purpose
         of the Act and as  required by the  Federal Act.   The adoption hereby
         of the national  primary  and secondary  ambient air  quality standards
         shall  not be considered  in any  manner  to  allow significant deterioration
         of existing air quality  in any  portion of the county.

         1.7.3   Attainment  of Primary Standard

         These  rules and regulations and the  administration of the Air  Pollution
         Control Program shall  provide for  the  attainment of the  national
         primary ambient air quality throughout the county  as expeditiously as
         practicable, but in no case later  than three years after the date of
         initial adoption of these  rules and  regulations  or within the  time
         limits specified by Section 110 (a)  of the Clean Air Act, as amended
         (84 Stat. 1680), whichever is later.

         1.7.4   Attainment  of Secondary  Standard

         To the extent practicable  and feasible, these rules and  regulations
         and the administration of  the Air  Pollution  Control Program shall
         strive for the attainment  of the national secondary ambient air quality
         throughout the county concurrently with the  attainment of the  national
         primary ambient air quality standard as provided in Section 1.7.3.

(15.0)    1.8  Inspections

         The Health Officer or his  authorized representative may  enter  and
         inspect any property, premises  or  place on or at which an air  contami-
         nant source is located or  is being constructed,  installed or established
         at any reasonable  time for the  purpose of ascertaining the state of
         compliance with these regulations.  No person shall refuse entry
         or access to the Health  Officer or his authorized  representative
         who requests entry for purposes of inspection, and who presents
         appropriate credentials; nor shall any person obstruct,  hamper or
         interfere with any such  inspection.   If requested, the owner or
         operator of the premises shall  receive a  report  setting  forth  all facts
         found  which relate to compliance status.

(9.0)    1.9  Monitoring, Records,  Reporting
(13.0)
         1.9.1   The Health  Officer  may require  the owner  or operator of air
         contaminant source to establish and  maintain such  records; make such
         reports; install,  use and  maintain such monitoring equipment or
         methods; sample such emissions  in  accordance with  such methods,
         at such locations, intervals and procedures  as the Health Officer
         shall  prescribe; and provide such  periodic  emission reports as required
         in Section 1.9.2.
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         1.9.2  Reports

         Records and reports  as  the Health  Officer may  prescribe  on  air
         contaminants or fuel  shall  be recorded,  compiled  and  submitted  on
         forms furnished by the  Health Officer  or when  forms are  not so  furnished,
         then in formats approved by the Health Officer.

              (a)  Emissions  of  particulate matter, sulfur dioxide,  and  oxides
                   of nitrogen shall  be expressed as follows:   in pounds per  hour
                   and pounds  per million BTU 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 Health Officer.

              (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 Health  Officer 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
                   monthly and submitted monthly  and submitted biannually.  Current
                   daily results shall be available for inspection at any time.

              (e)  The sulfur content of fuels, as burned, except natural
                   gas,  shall  be determined in  accordance  with current recognized
                   ASTM  procedures.  Averages for periods  prescribed by  the
                   Director shall be submitted  biannually.  Records  shall be  kept
                   current and be available for inspection.

(9.0)     1.10  Sampling  and Testing Methods

         1.10.1  Methods

         All  required sampling and testing  shall  be. made and the  results
         calculated in accordance with sampling and testing procedures and  methods
         approved by the Health  Officer. All required  samples and tests shall  be
         made under the  direction of persons qualified  by  training and/or
         experience in the field of air pollution control.
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         1.10.2  Standard Methods

         The Health Officer,  to the extent practicable,  should recognize  and
         approve the test methods and procedures  established  by Part  60 of
         Title 40 of the Code of Federal  Regulations,  as the  same  may be
         amended or revised.

         1.10.3  The Health Officer or his authorized  representative  may  conduct
         tests and take samples of air contaminants, fuel,  process material
         or other materials which affects or may  affect  emission of air
         contaminants from any source.  Upon request of  the Health Officer, the
         person responsible for the source to be  tested  shall  provide necessary
         holes in stacks or ducts 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.   If the Health Officer or  his authorized representative
         during the course of an inspection obtains a  sample  of. air contaminant,
         fuel, process  material, or other material, he shall  give  the owner or
         operator of the equipment or fuel facility a  receipt for  the sample
         obtained.

         1-10-4  Report to owner or operator.  At the  conclusion of any inspection
         under Part 1.8 of these regulations, or  conduction of any testing or
         sampling under this  Part, if requested,  the owner or operator of
         these premises shall receive a report setting forth  all facts found
         which relate to compliance status with these  rules and regulations.

(6.0)     1.11  Compliance Schedule

         1.11.2  New Sources

         All new sources shall comply with the applicable rules and regulations
         of Chapter 5 et seq. within 60 days after  achieving  the maximum  production
         rate at which  the affected source will be  operated,  but not  later than
         120 days after initial startup of such source,  unless the Health
         Officer specifies another period of time as a condition to the issuance
         of any permit  under Chapter 3.

         1.11.3  Existing Sources

         All existing sources not in compliance as  of  the date of  initial
         adoption of an applicable rule or regulation  contained in Chapter 5
         et seq. shall  be in compliance within 6  months  of such initial date unless
         the owner or operator responsible for the  operation  of sucb  source
         shall have submitted to the Health Officer in a form and  manner
         satisfactory to him, a control plan and  schedule for achieving compliance,
         such plan and  schedule to contain a date on or  before which  full
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[7.0)
[13.0)
compliance will be attained, and such other information as the Health
Officer may require.  Any such plan and schedule expected to extend
over a period of 18 or more months from such initial  date shall
include provisions for periodic increments of progress toward full
compliance.  If approved by the Health Officer, such  dates shall  be
the dates on which such owner or operator shall achieve incremental
progress and full compliance.  The Health Officer may require persons
to submit subsequent periodic reports on progress in  achieving compliance.
In no event shall the control plan and schedule exceed 3 years from the
date of initial adoption of an applicable rule or regulation.  The
provisions of this Section shall not apply to sources for which permits
are required under Chapter 2.

1.11.4  Nothing in this Part shall relieve any person, or any new or
existing source from complying with the provisions of Chapter 1
through 4 of these rules and regulations.

1.12  Maintenance and Malfunctioning of Equipment; Reporting

1.12.1  Maintenance; Reporting

In the case of shutdown of air  pollution control equipment (which operates
pursuant to any permit issued by the Director) for necessary scheduled
maintenance, the intent to shut down such equipment shall be reported
to the Director at least twenty-four (24) hours prior to the planned
shutdown, unless such shutdown is accompanied by the  shutdown of the
source which such equipment is intended to control.  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 emission 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.

1.12.2  Malfunction; Reporting

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

(2.0)     1.13  Prohibition of Air Pollution

         No person shall permit or cause air  pollution,  as defined  in  Part 1.3
         of this Chapter by the discharge  of  any air  contaminant for which no
         ambient air quality standards have been set  under Section  1.7.1.

(15.0)   1.14  Penalties and Citations

         1.14.1  Any person who violates any  provisions of these regulations  or
         who violates any determination or order of the Health Officer pursuant
         to these regulations shall be liable to a penalty not to exceed  $10,000
         for said violation and an additional penalty not  to exceed $10,000  for
         each day during which such violation continues, which penalty may be
         recovered by the Jefferson County Board of Health in  a  civil  action  in
         the Circuit Court of said county  and such person  may  also  be  enjoined
         from continuing such violation.

         1.14.2  Any money penalty so recovered shall be deposited  in  the County
         Treasury of Jefferson County, Alabama, to the  account of the  Air
         Pollution Program of the Jefferson County Department  of Health.

         1.14.3  It shall be the duty of the  District Attorney of the  Tenth
         Judicial Circuit to bring such actions in the  Circuit Court at  the
         request of the Jefferson County Board of  Health in  the  name of
         Jefferson County, Alabama.  The Jefferson County  Board  of  Health may at
         its option also commence such actions utilizing attorneys  employed  by
         the Jefferson County Board of Health.

         114.4  Any person who knowingly  violates or fails  or refuses to
         obey or comply with any provision of these regulations  or  knowingly
         submits any false information required by these regulations shall  be
         guilty of a misdemeanor and upon  conviction  shall be  punished as
         provided by law.

         1.14.5  The Jefferson County Board of Health hereby authorizes  the
         Health Officer to issue citations to any  person violating  any provi-
         sions of these regulations.  Said citation commanding said person  to
         cease and desist from violating the  provisions of these regulations.
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The citation shall specify the provision or provisions of these
regulations alleged to constitute a violation thereof.  Said citation
shall command the person to appear at a hearing in person or by
attorney at a time and place specified before the Board of Health and
show cause why a prosecution for the violation of the provision or
provisions of these regulations should not be commenced.  No citation
shall be issued for an appearance before the Board of Health less than
10 days after the issuance thereof except when an emergency air episode
has been declared, in which case appearance may be required within 24
hours.  The citation may be directed to a business or corporation or to
the president, manager, superintendent, or other person in charge
of the business or corporation.  The citation may be issued by leaving
a copy thereof at any office of the business or corporation or by leaving
a copy with some person at said office or at the residence of the
president, manager, superintendent, or other person in charge.

1.14.15  The issuance of a citation shall not be a condition precedent
to the beginning of a prosecution under 1.14.1, 1.14.3, and 1.14.4
hereof; however, where a citation has been issued the accused shall
be afforded an opportunity to be heard upon said citation before
any prosecution is commenced hereunder.  At the conclusion of the
hearing on the citation the Jefferson County Board of Health may
cause e. prosecution to be commenced for said violation in which case the
Jefferson County Board of Health shall direct the Health Officer to
appear before a Magistrate authorized to take oaths and issue warrants
of arrest in the County where the air contaminant source is located
and make affidavit setting out. the findings of the Jefferson County
Board of Health.  The Magistrate shall forthwith issue a warrant of
arrest for the party charged commanding any Sheriff or other officer of
the State authorized by State Law to execute warrants of arrest, to arrest
the defendant and forthwith bring him before the Magistrate.  The
warrant shall be returnable to the court charged with jurisdiction to
try misdemeanors committed in Jefferson County, Alabama.

1.14.7  The testimony taken at any hearing before the Jefferson County
Board of Health shall be under oath and may be recorded stenographically
but the parties shall not be bound by the strict rules of evidence
prevailing in the courts of law and equity.  True copies of any transcripts
or of any other record made of or at such hearing shall be furnished to
any party thereto upon request and on payment of the reasonable cost of
making such transcript.

1.15  Circumvention

No person shall cause or permit the installation or use of any device
or any means which, without resulting in reduction in the total amount
of air contaminant emitted, conceals or dilutes any emission of air
contaminant which would otherwise violate these rules and regulations.
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(2.0)     1.16  Severability

         The provisions of these rules and regulations  and the various  applica-
         tions thereof are declared to be severable and if any chapter, part,
         section, paragraph,  subparagraph, subdivision, clause, or phrase of
         these rules and regulations shall be adjudged  to be invalid or unconsti-
         tutional by any court of competent jurisdiction, the judgment  shall  not
         affect, impair or invalidate the remainder of  these rules and  regulations
         but shall  be confined in its operation to the  chapter, part, section,
         paragraph, subparagraph, subdivision,  clause,  or phrase of these
         rules and regulations that shall be directly involved in the controversy
         in which such judgment shall have been rendered.
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(3.0)                                 CHAPTER  2

                                      PERMITS

(3.0)     2.1   Permits  Required

         2.1.1   Permit to Construct

         Any  person building,  erecting,  altering  or replacing  any  article,
         machine,  equipment or other contrivance,  the  use  of which may  cause  the
         issuance  of or an increase in the  issuance of air contaminants or  the  use
         of which  may eliminate or reduce or  control the issuance  of  air contami-
         nants,  shall  first obtain authorization  for such  construction  from the
         Health  Officer in the form of a Permit to Construct.   A Permit to
         Construct shall  remain in effect until the permit to  operate the
         equipment for which the application  was  filed is  granted  or  denied
         or the  application is canceled.

         2.1.2  Permit to Operate

              (a)   Before any  article, machine, equipment  or other contrivance
                   described in Section  2.1.1 may be operated  or used,  a
                   written permit shall  be  obtained from the Health Officer.
                   No  permit to operate  shall be  granted for any article,
                   machine, equipment or contrivance described in  Section 2.1.1,
                   constructed or installed without authorization  as  required by
                   Section 2.1.1, until  the information required is presented
                   to  the Health Officer and  such article, machine, equipment
                   or contrivance is altered, if  necessary, and made  to conform
                   to  the standards established by the Board.

              (b)   Any article, machine, equipment or  other contrivance described
                   in  Section  2.1.1 which is  presently operating (or  which  is
                   not presently operating  but which is capable of being operated)
                   without a permit to operate, may continue to operate (or may
                   restart) only if its  operator  obtains a permit  to  operate
                   prior to a  date to be set  by the Health Officer (or  prior  to
                   restarting).

              (c)   The Health  Officer shall have  the authority to  decide cases
                   where an article, machine, equipment or other contrivance
                   is  not clearly subject to  nor  exempt from the application
                   of this chapter.  In  addition,  the  Health Officer  may rule
                   that a particular article, machine, equipment or other
                   contrivance is subject to  the  application of this  chapter
                   even though it is exempt from  the system according to
                   Part 2.1 and 2.2 of this chapter.  The  operator or builder
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         of such an article,  machine,  equipment,  or other contrivance  may  appeal
         the Health Officer's classification to the Board which  shall  overrule
         the Health Officer only if it is  shown that he acted  arbitrarily  and
         contrary to the purpose of the Act and these regulations.

         2.1.3  Display of Permit to Operate

         A person who has been granted a permit to  operate any article,  machine,
         equipment, or other contrivance shall  keep such permit  under  file
         or on display at all times at the site where the article,  machine,
         equipment, or other contrivance is located and will make  such a permit
         readily available for inspection  by any and all  persons who may
         request to see it.
(2.0)     2.2  Exemptions
         From time to time the Health Officer may specify certain  classes  or
         sizes of articles, machine,  equipment,  or other contrivance  which would
         normally be subject to the requirement  to obtain Permits  to  Operate
         or Construct, as being exempt from the  requirement to  obtain such
         permits.  Exempt sources are subject in every other way to these
         rules and regulations.

(3.0)    2.3  Transfer

         A Permit to Construct or Operate shall  not be transferable whether
         by operation of law or otherwise, either from one location to another,
         from one piece of equipment to another, or from one person to another.

(3.0)    2.4  Applications

         Every application for a Permit to Construct or Operate required under
         Part 2.1 shall be filed in the manner and form prescribed by the
         Health Officer and shall give all the information necessary  to enable
         the Health Officer to make the determination required  by  Part 2.8
         of this Chapter.

(3.0)    2.5  Cancellation of Applications

         A Permit to Construct shall  expire and  the application shall be
         cancelled two years from the date of issuance of the Permit  to Construct
         if the construction has not begun.

(3.0)    2.6  Action on Application

         The Health Officer shall act, within a  reasonable time, on an application
         for authority to construct,  Permit to Operate and shall notify the
         applicant in writing of its  approval, conditional approval or denial.
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(9.0)     2.7  Provision of Sampling  and  Testing  Facilities

         A person operating or using, any article,  machine,  equipment  or  other
         contrivance for which these rules  and regulations  require a  permit  shall
         provide and maintain such sampling and  testing  facilities as specified
         in the Permit to Construct  or Permit to Operate.

(3.0)     2.8  Standards for Granting Permits

         2.8.1   The Health Officer shall  deny a  permit except as  provided  by
         Fart 2.9, if the applicant  does not show  that every article, machine,
         equipment or other contrivance,  the use of which may cause the  issuance
         of air contaminants, is  so  designed, controlled, or equipped with
         such air pollution control  equipment, that it may  be expected to
         operate without emitting or without causing  to  be  emitted air contamini-
         nants  in violation of these rules  and regulations.

         2.8.2   The Health Officer shall  deny a  permit if the applicant  does not
         present, in writing, a plan whereby the emission of air  contaminants  by
         every  article, machine,  equipment, or other  contrivance  described in  the
         permit application,  will be reduced during1 periods of  an Air Pollution
         Alert, Air Pollution Warning, and  Air Pollution Emergency in accordance
         with the provisions  of Chapter  4.

         2.8.3  Before a Permit to Construct or  Permit to Operate is  granted,  the
         Health Officer may require  the  applicant  to  provide and  maintain  such
         facilities as are necessary for sampling  and testing purposes in
         order to secure information that will disclose  the nature, extent,
         quantity or degree of air contaminants  discharged  into the atmosphere
         from the article, machine,  equipment or other contrivance described
         in the Permit to Construct  or Permit to Operate.   In the event  of such a
         requirement, the Health Officer shall notify the applicant in writing
         of the required sizes, number and  location of the  sampling platform;
         the access to the sampling  platform; and  the utilities for operating  the
         sampling and testing equipment.

         2.8.4  The Health Officer may also require the  applicant to  install,
         use and maintain such monitoring equipment or methods; sample such
         emission in accordance with such methods, at such  locations,  intervals and
         procedures as may be specified; and provide  such  information as the
         Health Officer may require.

         2.8.5  Before acting on an  application  for Permit  to Construct  or
         Permit to Operate, the Health Officer may reouire  the  applicant to
         furnish further information or  further  plans or specifications.

         2.8.6  In acting upon a Permit  to  Operate, if  the  Health Officer finds
         that the article, machine,  equipment or other  contrivance has been
         constructed not in accordance with the  Permit  to  Construct,  and if  the
                                              -153-

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           changes  noted are of a  substantial  nature  in  that the amount of air
           contaminants  emitted by the  article, machine, equipment or other
           contrivance may  be increased,  or  if that effect is unknown, then he
           shall  deny the Permit to Operate.   The Health Officer shall not accept
           any further application for  a  Permit to Operate until the article,
           machine, equipment or other  contrivance has been reconstructed in
           accordance with  the Permit to  Construct, or until the applicant has
           proven to the satisfaction of  the Health Officer the the change will
           not cause an  increase in the emission of air  contaminants.

           2.8.7   The Health Officer shall deny a Permit to Construct where he
           determines that  the construction  and operation of such source will
           interfere with attaining or  maintaining any primary or secondary standard
           established by Section  1.7.1 or will allow significant deterioration
           of existing air  quality.

           2.8.8   In granting any  Permit  to  Operate,  the Health Officer may allow,
           as a condition of such  permit, for  the intermittent discharge of air
           contaminants, during startup,  shutdown, rate  change or load change,
           in excess of  the limitations specified in  these rules and regulations
           where  he finds that because  of the  nature  of  the source there is no
           practicable alternative.

(3.0)       2.9 Conditional  Permit

           2.9.1   The Health Officer may  issue a Permit  to Construct or a Permit to
           Operate  subject  to conditions  which will bring the operation of any
           article, machine, equipment  or other contrivance within the standards of
           Part 2.8, in  which case the  conditions shall  be specified in writing.
           Commencing work  under such a Permit to Construct or a Permit to Operate
           shall  be deemed  acceptance of  all the conditions specified.  The Health
           Officer shall issue a Permit to Construct  or  a Permit to Operate with
           revised  conditions upon receipt of  a new application, if the applicant
           demonstrates  that the article, machine, equipment or other contrivance
           can operate within the  standards  of Part 2.8  under the revised conditions.

           2.9.2   A Conditional  Permit  may allow an article, machine, equipment or
           other  contrivance to be operated  in violation of the conditions of
           Part 2.8 if one  of the  conditions of the permit is a definite schedule
           by which the  article, machine, equipment,  or  contrivance may attain the
           conditions of Part 2.8  and be  granted a Permit to Operate, and if the
           schedule provides for attaining the conditions of Part 2.8 at the earliest
           possible date and is approved  by  the Health Officer.  A Conditional
           Permit will be revoked  if the  applicant does  not submit progress reports
           to the Health Officer according to  the schedule established by the
           Conditional Permit.   The Health Officer may further revoke the
           Conditional Permit if the progress  reports do not show satisfactory
           progress as specified by the terms  of the  Conditional Permit or if the
           progress reports  are found to  be  inaccurate.
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2.9.3  A Conditional  Permit that allows  any new article,  machine,  equip-
ment or contrivance to operate in violation of the requirements  of Part
2.8 may not be granted for a period of time greater than  one year, includ-
ing all renewals.

2.9.4  No Conditional Permit issued under this Part for any existing
article, machine, equipment or contrivance may be granted for a  period
of time longer than the greater of the following periods:

     (a)  The period from the granting of the permit to a date three
          years after the date of initial adoption of an applicable
          rule or regulation.

     (b)  The period from the granting of the permit to a date three
          years after the date the Administrator of the U. S. Environ-
          mental Protection Agency approves, in accordance with
          Section 110 of the Federal Act, such applicable rule or
          regulation as a part of an implementation plan (or any
          revision thereof).

 2.10 Temporary Permit To Operate
             "'

 2.10.1   Upon  application  for  a  Permit to Operate  by a  new  facility,  the
 Health Officer shall, within  a  reasonable period  of time,  dispatch  an
 inspector to  the  facility  in  question.   If the  inspector determines
 that the facility  has been  constructed  according  to the  specifications
 as  set forth  under the  Permit to  Construct,  or  else that any  changes
 to  the facility would reduce or  affect  to an unsubstantial  degree that
 quantity of air  contaminants  emitted by the  facility,  and  if  the
 Health Officer agrees with  this  conclusion,  then  the Health Officer
 shall  issue a temporary Permit  to Operate which will remain  in  force
 until  an official  inspection of  the facility under actual  operating
 conditions  can be made  and  the  results  reviewed,  or until  the Temporary
 Permit is suspended  or  revoked by the Health Officer.  The  Health
 Officer may issue a  Temporary Permit to Operate without  an  inspection
 if  the applicant  fulfills  the following requirements:

     (a)  The application for a  Permit  to Construct is filled out and
          countersigned by  a  Professional  Engineer familiar with  air
          pollution  control as  it relates to the  equipment  under  appli-
          cation.

     (b)  Upon completion of  the  construction,  a  Professional Engineer
          familiar with the Permit to Construct submits  a  letter  to  the
          Health Officer, signed  and sealed  with  his professional  stamp,
          testifying  that the construction  under  application  has  been
          completed  and is  in accordance with  the  specification as
          set down in the Permit  to Construct.  The Health  Officer  is
          empowered  to  reject the testimony  of  the Professional Engineer
                                   -155-

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if the Health Officer decides that the Professional  Engineer's
qualifications are insufficient to allow him to accurately
and completely assess the equipment in question.   A  Profes-
sional Engineer may appeal  any such judgment to the  Board.

     (1)  Denial of Application - In the event of denial  of
          a Permit to Construct or Permit to Operate,  the
          Health Officer shall notify the applicant  in writing
          of the reason therefor.  Service of this notification
          may be made in person or by mail, and such service
          may be proved by  the written acknowledgement of the
          persons served or affidavit of the person  making the
          service.  The Health Officer shall not accept a
          further application unless the applicant has complied
          with the objections specified by the Health  Officer
          as his reason for denial of the Permit to  Construct
          or the Permit to  Operate.

     (2)  Appeals - Within  10 days after notice by the Health
          Officer of denial or conditional approval  of a
          Permit to Construct or Permit to Operate,  the
          applicant may petition the Board, in writing, for
          a review.  The Board may sustain or reverse  the
          action of the Health Officer; such order may be
          made subject to specified conditions.

     (3)  The holder of a Permit under this Chapter  shall
          comply with conditions contained in such Permit as
          well as all. applicable provisions of these rules
          and regulations except where violations are
          specifically allowed in accordance with a  Condi-
          tional Permit issued under Part 2.9.
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(5.0)                                    CHAPTER 3

                                        VARIANCES

(5.0)       3.1   Granting of Variances

           3.1.1   The Board may grant  individual  variances  beyond  the  limitations
           prescribed in the Act or these regulations,  whenever it is  found,  upon-
           presentation of adequate proof, that compliance  with any rule  or
           regulation, requirement or  order of the Board or Health Officer
           would impose serious hardship without equal  or greater  benefits to
           the public, and the emissions occurring or proposed to  occur do not
           endanger or tend to endanger human health or safety, human  comfort, and
           aesthetic values.  In granting or denying a  variance the Board shall
           file and publish a written  opinion stating the facts and reasons
           leading to its decision.

           3.1.2  In granting a variance, the Board may impose such conditions as
           the policies of the Act and these rules and  regulations may require.   If
           the hardship complained of  consists solely of the need  for  a reasonable
           delay in which to correct a violation of these rules and regulations,
           the Board shall condition, the granting of such variance upon the posting
           of sufficient performance bond or other security to assure  the correction
           of such violation within the time prescribed.

           3.1.3  Any variance granted pursuant to the  provisions  of this section
           shall  be granted for such period of time, not exceeding one year,  as
           shall  be specified by the Board at the time  of the grant of such variance,
           and upon the condition that the person who receives such variance shall
           make such periodic progress reports as the Board shall  specify.  Such
           variance may be extended from year to year by affirmative action of
           the Board, but only if satisfactory progress has been shown.

           3.1.4  Any person seeking a variance shall do so by filing  a petition
           for variance with the Board, which shall promptly give  notice  of such
           petition in a newspaper of general circulation in the county in which
           the installation or property for which variance  sought  is located.
           The Health Officer shall promptly investigate such petition, consider
           the views of persons who might be adversely  affected by the granting of
           a variance and make a recommendation to the  Board as to the disposition
           of the petition.  If the Board, in its discretion, concludes that a
           hearing would be advisable, or if any person files a written objection
           to the grant for such variance within 21 days, then a hearing  shall be
           held.   All such hearings shall be open to the public, and reasonable
           opportunity to be heard with respect to the  subject of  the  hearing shall
           be afforded to any person.   All testimony taken  before  the  Board shall
           be recorded stenograph!cally.  The transcript so recorded,  and any
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           written submissions  to the Board in  relation  to  such  hearings,  shall
           be open to public inspection.

           3.1.5  If the Board  fails  to take final  action upon a variance  request
           within 90 days after the filing of the  petition,  the  petitioner may
           deem the request denied.

           3.1.6  A variance or renewal shall not  be a right of  the  applicant or
           holder thereof but shall be in the discretion of the  Board;  however,
           any person adversely affected by a variance or renewal  granted  by the
           Board may obtain judicial  review by  filing notice of  appeal  with the
           Register in Chancery of the Circuit  Court in  Equity in the county where
           the pollution source is located within  twenty days from the  action of
           the Board thereon.  The case shall be heard by the Court  under  the same
           rules and with the same requirements as  a petition for injunction would
           be heard.  On appeal, the  Circuit Court  shall grant said  variance unless
           it finds the operation of  the air contamination  source in the manner
           allowed in the variance would amount to  a private or  public  nuisance,
           or unless it finds that the Board acted  arbitrarily and capriciously.

(2.0)       3.2  Petition Procedures

           3.2.1  Any person subject  to any rule or regulation,  requirement or
           order, may petition  the Board for a  variance  from the application thereof,
           as prescribed by the Act or these regulations.   A petition for  a
           variance must state  the following:

                (a)  The name,  address and telephone number of the petitioner,
                     or other person  authorized to  receive  service of notices.

                (b)  Whether the petitioner is  an  individual, partnership, corporation
                     or other entity, and names and address of the officers, if
                     a corporation, and names and  adress of the  persons in control,
                     if other entity.

                (c)  The type of business or activity involved in the application
                     and the street address at  which it  is  conducted.

                (d)  A brief description of the article, machine, equipment or
                     other contrivance, if any  involved  in  the petition.

                (e)  The signature of the petitioner, or that of some person on
                     his behalf, and, where the person signing is not the  petitioner,
                     the authority to sign.

                (f)  The rule or regulation, requirement or order complained from
                     which a variance is requested.
                                               -158-

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                (g)   The facts  showing  why  compliance with such  rule or regulation,
                     requirement or order would  impose serious hardship on the
                     petitioner or any  other  person or persons without equal or
                     greater benefits to  the  public.

                (h)   The facts  showing  why  the emissions occurring or proposed to
                     occur do not endanger  or tend to endanger human health or
                     safety, human comfort, and  aesthetic values.

                (i)   For what period of time  the variance is  sought and why.

                (j)   Provisions of the  rule or regulation, requirement or order
                     which the  petitioner can meet and the date  when petitioner
                     can comply with such provisions.

                (k)   Whether or not any case  involving the same  identical equipment
                     or process identified  in paragraph  (d)  is pending in any
                     court, civil or criminal.

           3.2.2  All petitions shall be  typewritten, double  spaced, on legal or
           letter size paper, on one side of  the paper only.

(2.0)       3.3  Failure to Comply with  Procedures

           3.3.1  The Health Officer shall  not accept for filing, any petition which
           does not  comply with these rules and  regulations  relating to the form,
           filing and service of petitions  unless the Chairman or any two members
           of the Board direct otherwise  and  confirm such direction in writing.
           Such direction need not be made  at a  meeting  of the Board.

           3.3.2  The Chairman or any two members, without a  meeting, may require
           the petitioner to state further  facts or reframe  a petition so as  to
           disclose  clearly the issues  involved.

(2.0)       3.4  Objection Procedures

           3.4.1  A  person may file a written objection  to the grant of a variance
           within 21  days from initial  advertised notice and  thus insure  that
           public hearing will  be held, according to Section  3.1.4 of this Chapter.
           An objection to the granting of  a  variance must state:

                (a)   The objector's name, address, and telephone number.

                (b)   Whether the objector is  an  individual,  partnership,  corporation
                     or other entity, and names  and address  of the partners if
                     a partnership, names and address of the  officers if  a
                     corporation, and the names  and address  of the persons  in
                     control if other entity.
                                              -159-

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                (c)   A specification of which petition for a  variance  is  being
                     objected to.

                (d)   A statement indicating why the objector  believes  that the
                     variance should not be granted.

           3.4.2  All objections should be typewritten or carefully printed in
           ink on legal  or letter size paper.

(16.0)      3.5  Rules of Evidence at Hearing

           3.5.1  Each party shall  have these rights;  to  call  and  examine
           witnesses; to introduce exhibits; to cross-examine opposing witnesses
           on any matter relevant to the issues even though that matter was not
           covered in the direct examination; to impeach  any  witness regardless of
           which party first called him to testify; and to rebut the evidence
           against him.   If a petitioner or objector does not testify  in  his own
           behalf, he may be called and examined as if under  cross-examination.

           3.5.2  The hearing need not be conducted according to technical  rules
           relating  to evidence and witnesses.   Any relevant  evidence  shall be
           submitted if it is the sort of evidence on which responsible persons
           are accustomed to rely in the conduct of serious affairs, regardless
           of the existence of any common law or statutory rule in civil  actions.
           Heresay evidence may be used for the purpose of supplementing  or explain-
           ing any direct evidence but shall not be sufficient in  itself  to support
           a finding unless it would be admissible over objection  in civil  actions.
           The rules of privilege shall be effective to the same extent that they
           are now or hereafter may be recognized in civil action, and irrelevant
           and unduly repetitious evidence shall be excluded.
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(8.0)                                    CHAPTER 4

                                 AIR  POLLUTION EMERGENCY

(8.0)       4.1   Air Pollution Emergency

           The  Health Officer is  authorized  and empowered  to enforce or require
           enforcement of any provisions of  this Chapter throughout the territorial
           limits  of Jefferson County, Alabama.

(2.0)       4.2   Powers and Duties of  the Health Officer

           4.2.1   Any other provisions of law to the contrary notwithstanding, if
           the  Health Officer finds that a generalized condition of air pollution
           exists  and that it creates an emergency  requiring immediate action to
           protect human health or safety, the Health Officer shall order persons
           causing or contributing to the air pollution to reduce or discontinue
           immediately the emission of air contaminants, and such order shall fix
           a place and time, not  later than  twenty-four hours thereafter, for a
           hearing to be held before  the Board.  Not more  than  twenty-four hours
           after the commencement of  such hearing,  and without  adjournment thereof,
           the  Board shall affirm, modify or set aside the order of the Health
           Officer.

           4.2.2  In the absence  of a generalized condition of  air pollution of
           the  type referred to in Section 4.2.1 of this part,  but if the Health
           Officer finds that emissions  from the operation of one or more air
           contaminant sources is causing imminent  danger  to human health or
           safety, he may order the person or persons responsible for the operation
           or operations in question  to  reduce or discontinue emissions immediately.
           In such event, the requirements for hearing and affirmance, modification
           or setting aside of order  set forth in Section  4.2.1 of this part shall
           apply.

           4.2.3  Nothing in this Section shall be  construed to limit any power which
           the  Health Officer, the Alabama Air Pollution Control Commission, the
           Governor or any other  person  may  have to declare an  emergency and act
           on the basis of such declaration, if such power is conferred by statute
           or constitutional provision,  or inheres  in the  office.

           4.2.4  In addition to, and without  in any way limiting the foregoing,
           if the Health Officer  determines  at any  time that air pollution in
           Jefferson County or in any portion of the County constitutes an emergency
           risk to the health of  those present in the County or said area of the
           County, and that the resources of the Jefferson County Board of Health
           are  not sufficient to  abate said  air pollution, such determination
           shall be communicated  by telephone and in writing, with the factual
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           findings on which such  determination  is  based  to  the Director of the
           Division of Air Pollution  Control  of  the Alabama  Department of Public
           Health or to the State  Health  Officer in his capacity as Chairman of
           the Alabama Air Pollution  Control  Commission or to  the  Environmental
           Protection Agency of the Federal  Government.   Such  communication shall
           request assistance in the  abatement of said air pollution emergency
           consistent with the provisions of Act 769, Alabama  Legislature, Regular
           Session 1969,  and the Federal  Clean Air  Act as amended.  The Health
           Officer may delegate to the  Deputy Health Officer or the Director
           the power to make said  determinations and deliver the same to the
           Director of the Division of  Air Pollution Control of the Alabama
           Department of Public Health  or to the State Health  Officer or the
           Environmental  Protection Agency in.the name of the  Health Officer.

(8.0)       4.3  Episode Criteria

           When the Health Officer determines that  conditions  justify the procla-
           mation of an air pollution episode stage, due  to  the accumulation of
           air contaminants in any place  within  the County,  attaining levels which
           could, if sustained or  exceeded,  lead to a substantial  threat to the
           health of persons, he shall  be guided by the following  criteria.

           4.3.1   Episode stages shall  be determined and  declared  upon the basis of
           average concentration recorded at any monitoring  station in the County.

           4.3.2   If contamination and  meteorology  warrant,  any advanced episode
           stage  may be declared by the Health Officer without first declaring a
           lesser degree of Alert  or  Watch.   The Health Officer shall, at his
           discretion, declare a lesser stage, the  termination or  the continuance
           of the advanced episode stage  during  such times when contamination and
           meteorological  conditions  moderate significantly  after  an advanced
           episode stage has been  declared.

           4.3.3   Episode Watch

           The Health Officer shall declare  an Episode Watch when  one or more of the
           following events take place.

                (a)  An Atmospheric Stagnation Advisory is issued  by the National
                     Weather Service, stating that  atmospheric conditions marked
                     by a slow moving high pressure system,  light  winds, and
                     temperature inversions  are  expected  to  affect Jefferson County
                     or portions thereof  for the next 36  hours.

                (b)  A forecast by local  meteorologist that  stagnant atmosphereic
                     conditions as described above  could  result in high air
                     pollution levels in  Jefferson  County or portions thereof.
                                               -162-

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     (c)  Validated reports of abnormally high  air pollution  measurements,
          specifically, reaching or exceeding 50 percent of the  Alert
          level  of Section 4.3.4 for at least three consecutive  hours
          at a given locality in the County.

4.3.4  Alert

The Health Officer shall  declare an Alert when  any one of the following
contaminant concentrations is measured at any monitoring site, and due
to adverse meteorological conditions can be expected to remain at
these levels or higher for the next 12 hours  or more unless control
measures are taken:

     (a)  Sulfur Dioxide - Measured by continuous coulometric or colori-
          metric analyzer, or equivalent.

               24-hour average, 0.30 ppm (800 yUg/m )

     (b)  Particulates - Measured by sequential tape sampler, two-hour
          accumulations (soiling index).

               24-hour average, 3.0 COHS per 1000 linear feet or
               measured by Hi Vol (high volume  sampler), 24-hour
               accumulation.

     (c)  Sulfur Dioxide and Particulates Combined - Product  of
          concurrent 24-hour average concentrations.

               sulfur dioxide, ppm, times particulates, COHS, equals
               0.2 sulfur dioxide, /jg/m^, time  particulates,  /jg/m3,
               equals 65,000.

     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer, or equivalent.

               8-hour average, 15 ppm (17 mg/m )

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average, 0.15 ppm (282 jug/m )
          or   1-hour average, 0.6 ppm (1130 ^g/m3)

     (f)  Photochemical Oxidants - Measured by continuous chemiluminescent
          analyzer or equivalent.

               1-hour average, 0.1 ppm (200 .ug/m )
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4.3.5  Warning

A Warning shall be declared by the Health Officer when the
concentrations of any of the following air contaminants measured at
any monitoring site and due to adverse meteorological  conditions can
be expected to remain at these levels or higher for the next 12 hours
or more unless control measures are taken:

     (a)  Sulfur Dioxide - Measured by continuous coulometric or
          colorimetric analyzer, or equivalent.

               24-hour average, 0.6 ppm (1600>ug/m )

     (b)  Particulates - Measured by sequential tape  sampler, two-hour
          accumulations (soiling index).

               24-hour, average, 5.0 COHS per 1000 linear feet or
               measured by Hi Vol. 24-hour accumulation:

               24-hour average, 625>ug/m

     (c)  Sulfur Dioxide and Particulates Combined -  Product of
          concurrent 24-hour average concentration.

               sulfur dioxide, ppm, times particulates, COHS, equals
               0.8                 3                          3
          or   sulfur dioxide,/ug/m , times particulates,/jg/m , equals
               261,000

     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer or equivalent.

               8-hour average, 30 ppm (34 mg/m )

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average, 0.30 ppm (565>ug/m
                1-hour average, 1.20 ppm (2260

     (f)  Photochemical Oxidants - Measured by continuous chemiluminescent
          analyzer, or equivalent.

                1-hour average, 0.40 ppm (800/jg/m )

4.3.6  Emergency

When the following concentrations of air contaminants have been reached
or due to meteorological conditions can be expected to reach or exceed


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these levels at any monitoring site in the  County  for  a  period  of
12 hours or more unless control  actions are taken,  the Health Officer
shall declare an Emergency:

     (a)  Sulfur Dioxide - Measured by continuous  coulometric or
          colorimetric analyzer, or equivalent.

     (b)  Particulates - Measured by sequential  tape sampler, two-hour
          accumulations (soiling index).

               24-hour average,  7.0 COHS  per 1000  linear feet
          or   measured by Hi  Vol, 24-hour.accumulation
               24-hour average,  875/jg/nr

     (c)  Sulfur Dioxide and Particulates Combined - Product of
          concurrent 24-hour average concentrations.

               sulfur dioxide, ppm, times particulates,  COHS, equals  1.2
          or   sulfur dioxide, /jg/m3, time  particulates./ug/mS, equals
               393,000

     (d)  Carbon Monoxide - Measured by continuous non-dispersive
          infrared analyzer, or quivalent.

               8-hour average, 40 ppm (46 mg/m )

     (e)  Nitrogen Dioxide - Measured by continuous analyzer, or
          equivalent.

               24-hour average,  0.40 ppm (750/jg/m3)
                1-hour average 1.60 ppm (3000/ug/m3)

     (f)  Photochemical Oxidants - Measured by continuous chemilumines-
          cent analyzer, or equivalent.

               1-hour average, 0.60 ppm (1200/jg/m3)

4.3.7  Termination

     (a)  The status reached by application of the Episode Criteria of
          this part shall remain in effect  until the criteria  for  that
          level is no longer met.  At such  time, the next lower status
          will be assumed and such changes  declared by the Health  Officer.
          Specifically:

          (1)  When ambient contaminant concentrations fall below  the
               critical levels for the stage, and a downward trend of
                                    -165-

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                         concentrations is established; and

                     (2)  When meteorological conditions that attended the high
                         concentrations are no longer called for in official
                         weather predictions.

               (b)  A public declaration will take on one of the following
                     forms.

                     (1)  Terminate "Emergency Status", resume "Warning Status" or
                         "Alert Status"; whichever is appropriate.

                     (2)  Terminate "Warning Status", resume "Alert Status" or
                         appropriate stage.

                     (3)  Terminate "Episode Status".

               (c)  Upon termination of an "Episode Status", the Air Pollution
                    Control Program will remain on internal "Episode Watch" until
                    a return to normal operation is announced by the; Health Officer.

          4.3.8  Status Declaration Authority

          The Health Officer, or his specific designee, shall have the authority
          to make an announcement of internal Episode Watch, and public declara-
          tions of Alert, Warning and Emergency Status.

(8.0)       4.4  Special  Episode  Criteria


          4.4.1  The Health Officer shall  have the authority to declare episodic
          conditions when the atmospheric concentration of a single contaminant
          or that of a specific locality within the County show elevated concen-
          trations.

          4.4.2  Specific Pollutant Situations

          When concentrations of one or two contaminants reach or exceed the
          defined criteria levels, and concentration of other contaminants remain
          substantially below 50 percent of Alert levels, and meteorological
          conditions are such that these specific contaminant concentrations can
          be expected to remain at the above levels for 12 hours or more or increase
          unless control action is taken, a Specific Alert, Warning, or Emergency
          Status shall be declared by the Health Officer, naming the contaminants
          that meet the respective criteria.  In such instances when two contami-
          nants meet different criteria, the Health Officer shall declare the
          status for the episode having the higher level, and that an Episode
          Watch is being maintained on the remaining contaminants.
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(8.0)
           4.4.3  Specific Locality  Situation

           The Health  Officer,  when  high concentrations  of one  or  more
           contaminants measured at  one monitoring  site  and not others  and  the
           effect is judged to  originate from  an  identifiable source near the
           given site, shall  declare the appropriate  local  Alert,  Warning,
           or Emergency Status  for the delineated area and that an Episode  Watch
           is in effect for any remaining portion of  the jurisdictional area
           while meteorological  conditions  favor  the  maintenance or increase of
           said high concentration for at least 12  hours or more unless control
           action is taken.

           4.5  Emission Reduction Plans

           Upon declaring an Episode Watch,  Alert,  Warning,  or  Emergency, the
           Health Officer shall  order persons  responsible for the  operation of a
           source of air contaminants causing  or  contributing to such episode
           to take the general  measures outlined  in the  Emergency  Episode Plan for
           the State of Alabama (dated November 1971, prepared  by  TRW,  Inc.) or
           revision thereof, as he deems appropriate, in addition  to all specific
           source curtailments  designated by him.

(8.0)       4.6  Two Contaminant Episode

           The Health  Officer shall  declare an Alert, Warning,  or  Emergency
           Status specific for  two contaminants when  the ambient concentrations
           of two contaminants  simultaneously  reach or exceed their respective
           Episode Criteria of  this  Chapter and meteorological  conditions are such
           that contaminant concentrations  can be expected to remain at those
           criteria levels for  12 or more hours or  increase unless control  actions
           are taken.   When criteria levels correspond to different episode
           status for  two contaminants, the Health  Officer shall declare the status
           of the higher of the two.

(8.0)       4.7  General Episodes

           The Health  Officer shall, in the event that ambient  concentrations of
           three or more contaminants simultaneously  reach or exceed their
           respective  Episode Criteria and no  improvement in meteorological
           conditions  is forecast for the next 12 hours, declare a General  Alert,
           Warning, or Emergency Status.  In the  event the criteria levels  correspond
           to different statuses for each contaminant, the Health  Officer shall
           declare a  general status  corresponding to  the highest individual status.

(8.0)       4.8  Emission Reduction Plan for Local Episodes

           4.8.1  The  Health Officer shall  specify  the area of  the County affected
           when a Local Alert,  Warning.or Emergency Status is declared, or  when
                                               -167-

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           an Accidental  Episode for Common contaminants occurs, based upon
           air quality and meteorological reports and predictions.

           4.8.2  When the Health Officer declares such a local episode, any person
           responsible for the operation from which excess emissions results, shall
           shut down such an operation and make repairs or alter the process
           as required to restore normal operations.

           4.8.3  When the Health Officer declares that a Local Alert, Warning, or
           Emergency Status is in effect for a delineated area, corresponding
           General Measures shall be applied as detailed in Part 4.5, depending
           upon which contaminant(s) is/are being emitted in excess.

(8.0)       4.9  Emission Reduction Plans for Other Sources

           4.9.1  Any person responsible for the operation of a source of air
           contaminants as determined by the Health Officer shall prepare standby
           plans for reducing the emissions of air contaminants during periods of
           an Episode Alert, Warning, and Emergency.  Standby plans shall be
           designed to reduce or eliminate emissions of air contaminants in
           accordance with the objectives set forth in Part 4.5.

           4.9.2  Any person responsible for the operation of a source of air
           contaminants not designated by the Health Officer shall when requested
           by the Health Officer in writing, prepare standby plans for reducing
           the emission of air contaminants during periods of Episode Alert,
           Warnings, and Emergency.  Standby plans shall be designed to reduce or
           eliminate emissions of air contaminants in accordance with the objectives
           set forth in Part 4.5.

           4.9.3  Standby plans as required under Section 4.9.2 shall be in writing
           and identify the sources of air contaminants, the amount of reduction of
           contaminants and a brief description of the manner in which reduction
           will be achieved during Episodes of Alert, Warning, and Emergency.

           4.9.4  During Episodes of Alert, Warning, and Emergency Status, standby
           plans" as required by this Chapter shall be made available on the
           premises to any person authorized to enforce the provisions of appli-
           cable rules and regulations.

           4.9.5 . Standby plans as required by these rules and regulations shall
           be submitted to the Health Officer upon request within 30 days of the
           receipt of such request; such standby plans shall be subject to review
           and approval by the Health Officer.  If in the opinion of the Health
           Officer, a standby plan does not effectively carry out the objectives
           as set forth in these rules and regulations, the Health Officer may
           disapprove it, state the reason for disapproval and order the preparation
           of an amended standby plan within the time period specified in the order.
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(51.9)                                  CHAPTER 5
(51.13)
                       CONTROL OF OPEN BURNING AND INCINERATION

(51.13)     5.1   Open Burning

           No person shall  ignite, cause to be ignited,  permit to be ignited,
           or maintain any open fire except as follows:

           5.1.1  Open fires for the cooking of food for human consumption on  other
           than commercial  premises;

           5.1.2  Fires for recreational or ceremonial  purposes;

           5.1.3  Fires to abate a fire hazard, providing the hazard is so declared
           by the fire department or fire district having jurisdiction;

           5.1.4  Fires for prevention or control  of disease or pests;

           5.1.5  Fires for training personnel in  the methods of fighting fires;

           5.1.6  Fires for the disposal of dangerous materials,  where there is
           no practical alternate method of disposal and burning is approved by
           the Health Officer.

           5.1.7  Fires set for recognized agricultural, silviculture!, range  and
           wildlife management practices.

           5.1.8  Fires set in salamanders or other devices used by construction
           or other workers for heating purposes.

           5.1.9  Fires for the burning of trees,  brush, grass and other vegetable
           matter in the clearing and maintenance  of rights-of-way if such burning
           is done by the air curtain incinerator  method, properly constructed
           and maintained, or an equivalent method specifically approved by the
           Health Officer, and if burning is approved in writing by the Health
           Officer.

           5.1.10  Open fires specifically or expressly approved by the Health
           Officer.

(51.9)      5.2  Incinerators

           5.2.1  Incinerators shall be designed and operated in such manner as is
           necessary to prevent the emission of objectionable odors.

           5.2.2  No person shall cause or permit  to be emitted into the open  air
                                               -169-

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           from any incinerator, participate matter in the exhaust gases  to exceed
           0.20 pounds per TOO pounds of refuse charged provided that:   For
           incinerators of more than 50 tons per day charging rate,  particulate
           matter in the exhaust gases may not exceed 0.10 pounds per 100 pounds
           of refuse charged.

           5.2.3  Emission tests shall be conducted at maximum burning  capacity
           of the incinerator.

           5.2.4  The burning  capacity of an incinerator shall  be the manufacturer's
           or designer's guaranteed maximum rate or such other rate  as  may be
           determined by the Health Officer in accordance with good  engineering
           practices.  In case of conflict, the determination made by the Health
           Officer shall govern.

           5.2.5  For the purposes of this Part, the total of the capacities  of
           all  furnaces within one system shall  be considered as the incinerator
           capacity.

(51.9)      5.3  Incineration of Wood. Peanut, and Cotton Ginning Wastes

           5.3.1  No person shall  cause or permit to be emitted into the  open air
           from any incinerator which incinerates wood, peanut, or cotton ginning
           wastes, particulate matter in the exhaust gases to exceed 0.40 pounds
           per 100 pounds of material charged.

           5.3.2  Emission tests shall be conducted at maximum burning  capacity of
           the incinerator.

           5.3.3  The burning  capacity of an incinerator shall  be the manufacturer's
           or designer's guaranteed maximum rate or such other rate  as  may be
           determined by the Health Officer in accordance with good  engineering
           practices.  In case of conflict, the determination made by the Health
           Officer shall govern.

           5.3.4  For the purposes of this Part, the total of the capacities  of
           all  furnaces within one system shall  be considered as the incinerator
           capacity.

           5.3.5  Each incinerator subject to this Part shall be properly designed
           equipped, and maintained for its maximum burning capacity, and shall be
           equipped with a temperature recorder which shall  be operated continuously
           with the incinerator and the temperature records shall be made available
           for inspection at the request of the Health Officer and shall  either:

                (a)  be equipped with an underfire forced air system, which shall
                     be electronically controlled to insure the optimum temperature
                     range for the complete combustion of the amount and type of
                                               -170-

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     material   waste being charged  into  the  incinerator;  and  a
     variable  damper;  or

(b)   consist of an all  metal  shell  with  refractory  lining,  circular
     furnace,  and a built-in  cinder catching system for either
     reburning or other disposition;  all  primary combustion
     air shall be supplied under pressure through nozzle openings
     located around the periphery of the lower furnace; over-fire
     air shall be provided under pressure through ports which
     shall  be  directed downward and tangentially in the same  direc-
     tion as the primary air; cinder collection shall  be accomplished
     by the provision of openings through the shell  located above
     the furnace section.
                               -171-

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(50.1)                                   CHAPTER  6


                             CONTROL  OF PARTICULATE  EMISSIONS


(50.1.2)    6.1  Visible  Emissions

           6.1.1   Visible Emissions  Restrictions for Stationary  Sources

                (a)   No person shall  discharge  into  the  atmosphere  from  any  single
                     source of emission whatsoever any air  contaminants  of a  shade
                     or density darker than  that designated as No.  1  on  the  Ringel-
                     mann chart or 20 percent opacity.

                (b)   A  person may discharge  into the atmosphere  from  any single
                     source of emission for  a period or  periods  aggregating  not
                     more than three minutes in  any  60 minutes air  contaminants
                     of a shade of density not  darker than  that  designated as No.3
                     on the Ringelmann chart of  60 percent  opacity.

                (c)   The Health Officer may  approve  exceptions to this Section
                     for specific sources which  hold permits under  Chapter 2;
                     provided, however, such exceptions  may be made for  startup,
                     shutdown, load change,  and  rate change or other  short,
                     intermittent periods of time upon terms approved by the
                     Health Officer and made a  part  of such permit.

                (d)   The provisions  of this  Section  shall not apply to combustion
                     sources in single-family and duplex dwellings  where such
                     sources are used for heating or other  domestic purposes.

           6.1.2   Reserved

           6.1.3   Uncombined Mater

          .Where  the presence of uncombined  water is the only reason  for failure
           of an  emission to meet the requirements of this  Part, such sections
           shall  not apply.

(50.1)      6.2   Fugitive Dust

           6.2.1   No person shall  cause, suffer, allow,  or  permit any materials  to
           be handled,  transported,  or stored,  or a  building, its appurtenances,  or
           a road to be used, constructed, altered,  repaired or  demolished without
           taking reasonable precautions to  prevent  particulate  matter from  becoming
           airborne. Such reasonable precautions shall  include, but  not be  limited
           to,  the following:
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                (a)   Use,  where  possible, of water or chemicals for control of
                     dust  in  the demolition of existing buildings or structures,
                     construction operations, the grading of roads or the clearing
                     of land;

                (b)   Application of  asphalt, oil, water, or suitable chemicals on
                     dirt  roads, materials stock piles, and other surfaces which
                     create airborne dust problems.

                (c)   Installation and use of hoods, fans, and fabric filters (or
                     other suitable  control devices) to enclose and vent the
                     handling of dusty materials.  Adequate containment methods shall
                     be employed during sandblasting or other similar operations.

           6.2.2  Visible  Emissions  Restrictions Beyond Lot Line

           No person shall cause or  permit the discharge of visible fugitive dust
           emissions beyond the  lot  line of the property on which the emissions
          •originate.

           6.2.3  When dust,  fumes,  gases, mist, odorous matter, vapors, or any
           combination thereof escape from a building or equipment in such a
           manner and amount  as  to cause a nuisance or to violate any rule or
           regulation, the Health Officer may order that the building or equipment
           in which  processing,  handling and storage are done be tightly closed
           and ventilated  in  such a  way that all air and gases and air or gas-borne
           material  leaving the  building or equipment are treated by removal or
           destruction of  air contaminants before discharge to the open air.

(51.5)      6.3  Fuel Burning  Equipment

           6.3.1  No person shall cause or permit the emission of particulate
           matter from fuel-burning  equipment in excess of the amount shown in
           Table 6-1 for the  heat input allocated to such source.  Interpolation
           of the data in  Table  6-1  for heat input values between 10 million
           BTU/hr and 250  million BTU/hr shall be accomplished by the use of the
           equation:

                               E = 1.38H"0'44

                     where:     E = Emissions in Ib/million BTU
                               H = Heat Input in millions of BTU/hr

           6.3.2  For purposes of this Part, the total heat input from all similar
           fuel  combustion units which discharge particulate matter through a
           common stack at a  plant or premises shall be used for determining the
           maximum allowable  emission of particulate matter.
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                                        TABLE  6-1

                               ALLOWABLE PARTICIPATE MATTER
                               EMISSION  BASED  ON HEAT  INPUT

                 Heat Input                            Allowable Emission
           (millions  of aTU/hr)                           (Ib/itiillion BTU)

                   1.                                          .5
                  10.                                          .5
                  20.                                          .37
                  40.                                          .27
                  60.                                          .23
                  80.                                          .20
                 100.                                          .18
                 150.                                          .15
                 200.                                          .13
                 250.                                          .12
           1,000,000.                                          .12

(50.. 1.1)    6.4  Process Industries  -  General

           6.4.1   No  person shall cause  or permit  the  emission  of particulate
           matter in  any one hour from any source  in excess  of  the  amount shown
           in Table 6-2 for the process  weight per hour allocated to such source.
           Interpolation of the data  in  Table  6-2  for  the  process weight per hour
           values up  to 60,000 Ibs/hr shall  be accomplished  by  use  of the equation:

                     E = 3.59 P0-62                P  < 30  tons/hr

           and interpolation and extrapolation of  the  data for  process weight
           per hour values equal to or in excess of 60,000 Ibs/hr shall be
           accomplished by use of the equation:

                     E = 17.31 P0'16                P  >   30 tons/hr

           where:    E = Emissions  in pounds  per hour
                     P = Process weight  per hour in tons per hour.

           6.4.2  Where the nature  of any process  or operation  or the design of  any
           equipment  is such as to  permit more than one interpretation of this
           Part, the  interpretation that results in the minimum value for
           allowable  emission shall apply.

           6.4.3  For purposes of this Part,  the total  process  weight for all
           similar process units at a plant or premises shall be used for
           determining the maximum  allowable  emission  of particulate matter
           that passes through a stack or stacks.


                                               -174-

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                                      TABLE  6-2

                            ALLOWABLE PARTICULATE  MATTER
                       EMISSION BASED ON PROCESS WEIGHT RATE
           Process Weight Rate (Ib/hr)

                     100
                     500
                   1,000
                   5,000
                  10,000
                  20,000
                  60,000
                  80,000
                 120,000
                 160,000
                 200,000
               1,000,000

(51.21)     6.5  Small  Foundry Cupola
Allowable Emission Rate (Ib/hr)

           0.56
           1
           2.
           6.
  .52
  ,34
  ,33
 9.76
14.97
29.83
31.23
33.33
34.90
36.17
46.79
           6.5.1   No person shall  cause or permit the emission  of particulate
           matter in any one hour from any small  foundry cupola source in  excess
           of the amount shown in Table 6-3 for the process  weight per hour
           allocated to such source.

           6.5.2   Where the nature of any process or operation  or the design  of
           any equipment is such as to permit more than one  interpretation of
           this Part, the interpretation that results in the minimum value for
           allowable emission shall apply.

           6.5.3   For purposes of this Part,  the total  process  weight from all
           similar process units at a plant or premises shall be used for  deter-
           mining the maximum allowable emission of particulate matter that
           passes through a stack or stacks.

           6.5.4   Foundry  cupolas with a process weight rate greater than 50,000
           pounds per hour shall be subject to the rules and regulations of Part  6.4.
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                                       TABLE 6-3

                     ALLOWABLE PARTICULATE MATTER EMISSION BASED ON
                     PROCESS WEIGHT RATE FOR SMALL FOUNDRY CUPOLAS

                       Process Weight               Allowable Emission Rate
                          (Ib/hr)                   	(Ib/hr)	


                          1,000                               3.05
                          2,000                               4.70
                          3,000                               6.35
                          4,000                               8.00
                          5,000                               9.58
                          6,000                              11.30
                          7,000                              12.90
                          8,000                              14.30
                          9,000                              15.50
                         10,000                              16.65
                         12,000                              18.70
                         16,000                              21.60
                         18,000                              23.40
                         20,000                              25.10
                         30,000                              31.30
                         40,000                              37.00
                         50,000                              42.40
(51.1)      6.6  Cotton Gins
           6.6.1   No person shall  cause or permit the emission of particulate
           matter in any one hour from any cotton gin operation in excess  of the
           amount shown in Table 6-4 for the process  weight per hour allocated to
           such operation.  Particulate matter emissions  subject to this  Part
           include process emissions and incinerator  emissions if any;  provided,
           however, that this shall  in no way relieve or  affect the application
           of Chapter 5 to open burning and incineration  at cotton gin  operations.

           6.6.2  Where the nature of any process or  operation or the design of
           any equipment is such as  to permit more than one interpretation of this
           Part, the interpretation  that results in the minimum value for
           allowable emission shall  apply.

           6.6.3  For purposes of this Part, the total  process weight from all simi-
           lar process units at a plant or premises shall  be used for determining
           the maximum allowable emission of particulate  matter that passes through
           a stack or stacks.
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(51.14)
                                       TABLE 6-4

                       ALLOWABLE PARTICULATE MATTER EMISSION  BASED
                         ON PROCESS WEIGHT RATE FOR COTTON  GINS
           Process Weight
                Rate
               (Ib/hr)
  Allowable
Emission Rate
   (Ib/hr)











6.
6.
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
7 Kraft
7.1 Appl
1.6
2.4
3.1
3.9
4.7
5.4
6.2
7.7
9.2
10.7
12.2
Pulp Mills
icability
Process Weight
     Rate
    (Ib/hr)
  Allowable
Emission Rate
   (Ib/hr)
9,000
10,000
12,000
14,000
16,000
18,000
20,000
30,000
40,000
50,000
60,000 or more
13.7
15.2
18.2
21.2
24.2
27.2
30.1
44.9
59.7
64.0
67.4
           This part applies to manufacturing facilities  for pulping of wood
           and the preparation and recovery of associated chemicals by the kraft
           process, including combined recovery systems serving other processes such
           as neutral  sulfite pulping.

           6.7.2  No person shall  cause or permit the emission of particulate
           matter from any kraft pulp mill in excess of the amounts provided as
           follows:

                (a)  From all recovery furnaces, not more than 4.0 pounds per ton of
                     pulp.

                (b)  From all smelt dissolver vents, not more than 0.5 pounds per ton.

                (c)  From all lime kilns, not more than 1.0 pounds per ton of pulp.

           6.7.3  The pulp production rates for kraft mills referred to in this
           Part shall  be tons of unbleached air-dries kraft pulp.

           6.7.4  Notwithstanding  the specific limits set forth in this Part, in
           order to maintain the lowest possible emission of air contaminants,
           the highest and best practical treatment and control for particulate
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           matter currently available shall  be provided for new kraft pulp mills.

(51.20)    6.8  Wood Waste Boilers

           6.8.1  Applicability

           This Part applies to boilers and other indirect heat exchangers using
           not less than 30% wood wastes or wood by-products as fuel  measured by
           heat input.

           6.8.2  No person shall cause or permit the emission of particulate
           matter from any existing wood wastes boilers in excess of 0.30 grains per
           standard dry cubic foot adjusted to 50% excess air.  Provided that:   for
           any existing wood wastes boiler which must be modified in order to meet
           the emission limitations of this Part, no person shall cause  or permit
           the emission of particulate in excess of:

                (a)  0.17 grains per standard dry cubic foot, adjusted to 50% excess
                     air for combination gas and wood wastes boilers.

                (b)  0.20 grains per standard dry cubic foot, adjusted to 50%
                     excess air for combination oil  and wood wastes boilers.

                (c)  0.23 grains per standard dry cubic foot, adjusted to 50%
                     excess air for combination coal and wood wastes boilers.

                (d)  0.20 grains per standard dry cubic foot, adjusted to 50%
                     excess air for boilers using wood wastes only.

(51.2)      6.9  Coke Ovens

           6.9.1  Applicability

           The provisions of this Part shall apply to all coke ovens.  Each coke
           oven shall  be considered as an individual oven.

           6.9.2  Unloading

           Every person operating coke ovens shall apply all reasonable  measures to
           prevent dust emissions from coal  unloading and storage.

           6.9.3  Charging

           No person shall cause or permit charging of coal or other solid material
           to a coke oven that will result in an emission of air contaminants of
           an opacity greater than 40 percent or No. 2 of the Ringelmann chart,
           other than that cause by uncombined water, for more than 5 minutes per
           coking cycle.
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6.9.4  Coking

     (a)  Every person operating coke ovens shall  maintain the coke oven
          equipment in good condition and exercise good operating
          practice to minimize emissions during coke production operations.

     (b)  No person shall  cause or permit the emissions of air contami-
          nants from a coke oven during coking of an opacity equal  to or
          greater than 40  percent or No. 2 of the Ringelmann chart,
          other than that  caused by uncombined water.

     (c)  All coke oven doors shall  be operated by properly cleaning
          and resealing the doors after their respective ovens are
          pushed so as to  minimize emissions.

     (d)  Every person operating coke ovens shall  build and maintain
          on the plant premises a facility, to maintain and promptly
          and efficiently  repair coke oven doors,  and shall maintain
          an inventory of  coke oven door per twelve coke ovens operated.

6.9.5  Pushing

No person shall cause or permit pushing of coke from which will result
in an emission of air contaminants of an opacity greater than 40 percent
or No. 2 of the Ringelmann chart, other than that caused by uncombined
water, for more than one (1) minute per coking cycle.

6.9.6  Quenching

No person shall operate a  coke oven plant without baffles installed
and operating in the quench towers.  Water used for quenching must  be
clear water of a quality approved by the Health Officer and no water
used for quenching may be  contamined.  Quenching operations using a
closed, recycling system must use clear water, of a quality approved by
the Health Officer for makeup.

6.9.7  The provisions of this Part apply to all existing coke ovens.
It is recognized that these regulations are imperfect in controlling
emissions from.coke ovens, although they can contribute to significant
lowering of air pollution.  It is expected that, as the state-of-the-
art in coke oven control technology develops, more stringent emission
limitations will be prescribed.  Many of Alabama's coke ovens have  been
operated since the turn of the century and, in many cases, the age  and
condition of the existing  coke ovens preclude the installation of the
state-of-the-art control devices.  These older ovens should be retired
from service as soon as economically possible.
                                    -179-

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(50.2)                                   CHAPTER  7

                          CONTROL  OF SULFUR  COMPOUND  EMISSIONS

(51.6)      7.1   Fuel  Combustion

           7.1.1   No  person shall  cause or permit  the operation of  fuel burning
           installation in such a  manner that  sulfur  oxides, measured as sulfur
           dioxide, are emitted in excess of 1.8 pounds  per million BTU heat
           input.

           7.1.2   Air Quality Demonstration

           In addition to the requirements of  Section 7.1.1, every  owner or
           operator of a fuel  burning installation having  a total rating capacity
           greater than 1500 million BTU per hour  shall:

                (a)   Demonstrate,  to the satisfaction of the Health Officer, that
                     the sulfur oxides emitted,  either alone or in  contribution to
                     other sources,  will not interfere with attainment and main-
                     tenance of any primary  or secondary ambient air quality
                     standard prescribed at  Part 1.7.

                (b)   Demonstrate,  to the satisfaction of the Health Officer
                     that in meeting the emission  limitations of Section 7.1.1,
                     the installation will not increase  emissions to the extent
                     that resulting air quality  concentrations will be greater
                     than:

                     (1)  those concentrations (either measured or  calculated)
                          which existed in 1970; or

                     (2)  those concentrations (either measured or  calculated)
                          which existed during the first year of operation of
                          any installation which began operating after January 1,
                          1970.

                (c)   Upon the direction of the Health Officer, install and maintain
                     air quality sensors to  monitor attainment and  maintenance
                     of ambient air quality  standards in the areas  influenced by
                     the emissions from such installation.  Results of such moni-
                     toring shall  be provided  to the  Health Officer in a manner
                     and form as he shall direct.

           7.1.3   All  calculations performed pursuant to demonstrations required by
           Section 7.1.2, shall assume that  the  fuel  burning installation  is
           operating  at or above the maximum capacity which such installation is
           capable of being operated.
                                               -180-

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           7.1.4  For purposes of this  part,  the total  heat  input from  all  similar
           fuel  combustion units  at a plant,  premises,  or installation  shall  be
           used  for determining the maximum allowable  emission  of sulfur  dioxide
           that  passes through a  stack  or stacks.

           7.1.5  No person shall cause or permit the  emission  or combustion  of
           any refinery process gas stream that contains  ^S in concentrations
           greater than 150 ppm without removal of the hydrogen sulfide in  excess
           of this concentration.

(51.18)     7.2  Sulfuric Acid Plants

           No person shall cause  or permit sulfur dioxide tail  gas emissions  from
           sulfuric acid manufacturing  plants to exceed 6.5  Ib/ton of 100 percent
           sulfuric acid produced.  The tail  gas acid  mist emissions  are  not  to
           exceed 0.5 Ib/ton of sulfuric acid produced and the  sulfur trioxide
           emissions are not to exceed  0.2 Ib/ton of sulfuric acid produced.

(51.19)     7.3  Sulfur Recovery Plants

           7.3.1  No person shall cause or permit the  sulfur oxide emission from
           any existing sulfur recovery plant recovering  sulfur from  natural
           gas to exceed 0.16 pounds per pound of sulfur  processed.

           7.3.2  Except as provided by Section 7.3.1, no person shall  cause  or
           permit the sulfur oxide emission from a sulfur recovery plant  to
           exceed 0.08 pounds per pound of sulfur processed.

(51.14)     TA_  Kraft Pulp Mills

           7.4.1  Applicability

           This  part applies to manufacturing facilities  for the pulping  of wood
           and the production and recovery of associated  chemicals by the kraft
           process, including combined recovery systems serving other processes
           such  as neutral sulfite pulping.

           7.4.2  No person shall cause or permit the  emissions of total  reduced
           sulfur (TRS) from recovery furnaces, lime kilns,  digesters,  and multiple
           effect evaporators to  exceed 1.2 pounds (expressed as hydrogen sulfide
           on a  dry gas basis) per ton of air-dried pulp  from kraft pulp mills.

           7.4.3  The pulp production rates for kraft  pulp mills referred to in  this
           Part  shall be calculated as   provided in Part 6.7.3.

           7.4.4  Notwithstanding the specific limits  set forth in this Part,
           in order to maintain the lowest possible emission of air contaminants,
           the highest and best practicable treatment  and control for TRS currently
           available shall be provided for new kraft pulp mills.
                                               -181-

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r
      (50.4)
CHAPTER 8
                                 CONTROL OF HYDROCARBON EMISSIONS

     (51.16) 8.1    Storage of Volatile Organic Materials.

             8.1.1  No person shall place, store or hold in any stationary tank
             reservoir or other container of more than 60,000 gallons capacity any
             volatile organic compounds unless such tank, reservoir, or other
             container is a pressure tank capable of maintaining working pressures
             sufficient at all times to prevent vapor or gas loss to the atmosphere
             or is designed, and equipped with one of the following vapor loss control
             devices:

                  (a)  A floating roof, consisting of a pontoon type, double deck type
                       roof or internal floating cover, 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.
                       This control equipment shall not be permitted if the volatile
                       organic compounds have a vapor pressure of 11.0 pounds per
                       square inch absolute (568 mm. Hg) or greater under actual
                       storage conditions.  All tank gauging or sampling devices shall
                       be gas-tight except when tank gauging or sampling is taking
                       place.

                  (b)  A vapor recovery system, consisting of a vapor gathering system
                       capable of collecting the volatile organic compound vapors and
                       gases discharged and a vapor disposal system capable of process-
                       ing such volatile organic vapors and gases so as to prevent
                       their emission to the atmosphere and with all tank gauging and
                       sampling devices gas-tigh.t except when gauging or sampling
                       is taking place.

                  (c)  Other equipment or means of equal efficiency for purposes of air
                       pollution control as may be approved by the Health Officer.

                  (d)  No person shall place, store, or hold in any new stationary
                       vessel of more than 1,000-gallon capacity any volatile organic
                       compound unless such vessel is equipped with a permanent submerg-
                       ed fill pipe or is a pressured tank as described in paragraph
                       (a) above, or is fitted with, a system as described in paragraph
                       (b) above.  Existing stationary storage vessels shall employ
                       portable submerged fill pipes or be equipped with permanent
                       submerged fill pipes.

             8.1.2.  This part shall not apply to crude petroleum produced, separated,  ,
             treated or stored in the field.

    (51.16)  8.2  Volatile Organic Materials Loading Facilities.

             8.2.1  No person shall load any volatile organic compounds into any tank,
                                                 -182-

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         truck  or trailer  from any  terminal  or  bulk  storage  facility  handling more
         than  50,000 gallons  per day unless  such  terminal  or facility is  equipped
         with,  a vapor collection and disposal  system,  or  its equivalent,  properly
         installed,  in good working order, or  has in operation  a  loading  system
         which  will  result in a 95  percent submerged fill  either  with a sub-
         merged fill pipe  or  by loading from the  bottom.

         8.2.2   No person  shall load any volatile organic compounds  into  any  tank,
         truck, or trailer having a capacity in excess of 200 gallons., unless
         such  loading facility is equipped as  set forth in Paragraph  8.2.1.
         Where  the vapor collection and disposal  system is utilized,  the  loading
         arm shall be equipped with a vapor  collection adaptor, pneumatic,
         hydraulic,  or other  mechanical means  which  will  provide  a vapor-tight
         seal  between the  adaptor and the hatch.   A  means shall be provided  to
         prevent liquid organic compounds drainage from the  loading  device when
         it is  removed from the hatch, of any tank, truck  or  trailer.   When loading
         is effected through, means  other th.an  the hatches, all  loading lines  shall
         be equipped with  fittings  which make  vapor-tight connections and which
         close  automatically  when disconnected.

         8.2.3  The  part shall not  apply to  crude petroleum produced, separated,
         treated or  stored in the field.

(51.16)   8.3  Volatile Organic Compound Water Separation.

         8.3.1  No person  shall use any compartment  of any single or multiple
         compartment volatile, organic compound water  separation  which receives
         effluent water containing  1,000 gallons  a day or more  of any volatile
         organic compound, from processing,  refining,  treating, storing,  or
         handling volatile organic  compounds unless  such compartment 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.

              (b)  A container equipped with a floating roof, consisting of  a
                   pontoon type, doubl-e deck type roof, or internal  floating
                   cover,  which will rest on the  surface of the contents and be
                   equipped with a  closure  seal or 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.

              (c)  A container equipped with a vapor recovery system consisting  of
                   a vapor gathering system capable  of collecting the hydrocarbon
                   vapors and gases discharged and vapor disposal system capable
                   of processing such, hydrocarbon vapors and gases so as to
                   prevent emission to the  atmosphere  and with  all container
                                              -183-

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     gauging and sampling devices  gas-tight  except  when  gauging
     or sampling is taking place.

(d)   A container having other equipment of equal  efficiency  for
     purposes of air pollution control  as  may be  approved  by the
     Health Officer,
                                -184-

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(50.5)                                     CHAPTER 9

                             CONTROL OF CARBON MONOXIDE EMISSIONS

         9.1    No person  shall  emit the carbon monoxide gases generated during the
         operation of a grey iron  cupola,  blast  furnace, or basic oxygen steel fur-
         nace unless  they are burned at 1,300°F  for 0.3 seconds or greater in a
         direct-flame afterburner  or equivalent  device equipped with an indicating
         pyrometer which  is  positioned in  the working area at the operator's eye
         level.

         9.2    No person  shall  emit a carbon monoxide waste gas stream from any
         catalyst regeneration of  a petroleum cracking system, petroleum fluid
         coker, or other petroleum process into  the atmosphere, unless the waste
         gas  stream is burned at 1,300°F for 0.3 seconds or greater in a direct-
         flame afterburner or boiler equipped with an indicating pyrometer which
         is positioned in the working area at the operator's eye level.
                                              -185-

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  (50.3)                                CHAPTER  10

                           CONTROL  OF  NITROGEN OXIDES  EMISSIONS

  (51.7)  1Q.1   New  Combustion  Sources

         10.1.1  No person  shall  cause or  permit emissions of  nitrogen oxides  from
         a  new gas-fired  boiler with a capacity  of  250 million BTU/hr or more  in
         excess of  0.20 pounds per  million BTU of heat input per  hour.

         10.1.2  No person  shall  cause or  permit emissions of  nitrogen oxides  from
         a  new oil-fired  boiler with, a capacity  of  250 million BTU/hr or more  in
         excess of  0.30 pounds per  million BTU of heat input per  hour.

         10.1.3  No person  shall  cause or  permit emission of nitrogen oxides from
         a  new coal-fired boiler  with  a capacity of 250  million BTU  per hour or
         more  in excess of  0.7 pounds  per  million BTU  of heat  input  per hour.

         10.1.4  For purposes  of  this  part, the  total  heat incut  from all similar
         fuel  combustion  units at a plant  or premises  shall be used  for determin-
         ing the maximum  allowable  emission of nitrogen  oxides that  passes  through
         a  stack or stacks.

(51.10)   10.2   Nitric Acid  Manufacturing.

         No person  shall  cause or permit  the emission  of nitrogen oxides cal-
         culated as nitrogen dioxide,  from nitric acid manufacturing plants in
         excess of  5.5 pounds  per ton  of  100 percent acid  produced.
                                              -186-

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                                                                                             1
  (12.0)                                  CHAPTER  11

                          CONTROL OF EMISSIONS  FROM  MOTOR  VEHICLES

(50.1.2)   ll.l  Visible Emission Restrictions^ for Motor  Vehicles.
(12.0)
          11.1.1  No persons  shall  cause or permit the emission  of  visible  air  con-
          taminants from gasoline-powered motor vehicles,  operated  upon  any
          street,   highway or other public place, for longer  than 5 consecutive
          seconds.

          11.1.2  No person shall  cause or permit the emission of visible air con-
          taminants from diesel-powered motor vehicles and other movable sources,
          of a shade or density greater than 20 percent  opacity  for longer  than
          5 consecutive seconds.

          11.1.3  Uncombined  water.  Where the  presence  of uncombined water is  the
          only reason for failure of an emission  to  meet the  requirements of the
          Part, such section  shall  not apply.

  (12.0)   11.2  Ignition System and Engine Speed. All 1968 and  subsequent  model
          year gasoline-powered motor vehicles  shall  be  maintained  so as to be  in
          compliance with the following requirements:

          11.2.1  The number  of revolutions per minute of  an  engine while operating
          at idle  speed shall be in accordance  with  the  specifications and  deter-
          mined under conditions published by the manufacturer,  but in no case
          shall the idle speed be less than the minimum  specified in such pub-
          lished specifications.  Revolutions per minute shall be tested for
          accuracy and precision at reasonable  intervals.

          11.2.2  Ignition timing of an engine  shall  comply with the published
          specifications of the manufacturer as determined in accordance with pro-
          cedures  and conditions specified by the manufacturer.

          11.2.3  All cyl-inders shall  be firing.

 (12.0)    11.3  Crankcase Ventilation Systems.  The  positive  crankcase ventilation
          system on all  1968  and subsequent model year gasoline  powered  motor
          vehicles, except motocycles and motor tricycles, and all  1969  and sub-
          sequent  model  year  gasoline powered motor  vehicles, including  motor-
          cycles and motor tricycles, shall  meet  the following requirements:

          11.3^1  The plumbing and  connections  shall  be  properly connected  as
          installed by the manufacturer and free  of  obstructions and leakage.

          11.3.2  There shall be a  negative pressure (suction) at the inlet of  the
          crankcase ventilation valve.
                                              -187-

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        11.3.3  The crankcase ventilation  valve shall  he  freely  operative  so  as
        to regulate the flow of gases  through, the system.

(12.0)   11.4  Exhaust Emission Control  System.

        _! 1.4.1  Air Injection System.   Exhaust emission control  air  injection sys-
        tems of those gasoline powered  motor vehicles  so  equipped  by the manu-
        facturer shall  operate so that:

             (a)  The air delivery hoses,  connections, and air distribution
                  manifold shall  be properly connected as  installed  by the
                  manufacturer and free of obstructions and leakage.

             (b)  The air compressor drive belt tension shall  be within manufac-
                  turer's specifications.

             (c)  There is a positive  air  flow from the air pump to  the air  de-
                  livery distribution  manifold.

             (d)  The check valve prevents any reverse air flow  from the air
                  distribution manifold out through the check  valve  inlet.

             (e)  The anti-backfire valve, gulp-valve, air bypass  valve, or  other
                  similar device with  the  same function permits  the  passage  of
                  air from the air pump to the exhaust manifold  or manifolds,
                  except when the carburator throttle  is  closed  rapidly from an
                  open position as in  deceleration.

        11.4.2  Engine Modification Systems.  All vacuum  control valves, vacuum
        lines, mechanical linkage, electrical circuits and switches  peculiar to
        certain engine modification systems shall be properly  connected as in-
        stalled on all  1968 and subsequent model year  gasoline-powered motor
        vehicles so equipped by the manufacturer.

        11.4.3  Other Exhaust Emission^ Control  Systems.   Any other exhaust
        emission control system, otheF than air injection or engine  modification,
        which is installed or incorporated in a motor  vehicle  in compliance  with
        Federal motor vehicle pollution control regulations shall  be maintained
        in good operable conditions as specified by the manufacturer and  shall
        be used at all  times that the  motor vehicle is operated.

        11.4.4  The requirements of this Part shall apply to all gasoline-powered
        motor vehicles with the following  exceptions:

             (a)  Vehicles of 1967 or  earlier model year.

             (b)  Vehicles not equipped by the manufacturer with exhaust
                  emission control air injection systems,

             (c)  Motor vehicles with  an engine displacement of less than  50
                  cubic inches (819.35 cubic centimeters).
                                             -188-

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 (12.0)   11.5  Evaporative Loss  Control  Systems.   The  evaporative  loss  control
         systems or devices designed and installed on  19.72  and subsequent model
         year gasoline-powered motor vehicles  shall  be maintained  in  an operable
         condition such that the system or device continues 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.

 (2.0)    11.6  Other Prohibited  Acts.  In addition to  the other strictures con-
         tained in this Chapter, no person shall  cause, suffer, allow,  or permit
         the removal, disconnection, 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 purpose of any  such,  motor vehicle pollution
         control device by installing therein  or  thereto any part  or  component
         which is not a comparable replacement part or component of ,the device.
         Provided that:

         11.6.1  The components  or parts of emission control systems  on motor
         vehicles may be disassembled or reassembled for the purpose  of repair
         and maintenance in proper working order.

         11.6.2  Components and  parts of emission control systems  may be removed
         and replaced with like  components and parts intended by the  manufacturer
         for such replacement.

         11.6.3  The provisions  of this Part shall not apply to salvage opera-
         tions on wrecked motor  vehicles when  the engine is, so damaged that it
         will not be used again  for the purpose of powering a motor vehicle on
         a highway.

(2.0)    11.7  Effective Date.  The provisions of th.is Chapter shall  become effec-
         tive sixty (60) days from the date of its adoption and promulgation.
                                             -189-

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        MOBILE COUNTY BOARD OF HEALTH



AIR POLLUTION CONTROL RULES AND REGULATIONS
                       -190-

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(2.0)                            CHAPTER  1  — GENERAL PROVISIONS

(2.0)    T.I  Declaration of Policy and Purposes

         1.1.1

         It is hereby declared to be the public policy of the Mobile County Board
         of Health and the purpose of these regulations to achieve and maintain
         such levels of air quality as will protect human health and safety, and
         to the greatest degree practicable, prevent injury to plant and animal
         life and property, foster the comfort and convenience of the people, pro-
         mote the social development of Mobile County and facilitate the enjoyment
         of the natural attractions of this County.

         1.1.2

         To these ends it is the purpose of these regulations to provide for a
         coordinated program of air pollution prevention, abatement and control in
         Mobile County; to facilitate cooperation with the Alabama Air Pollution
         Control Commission and its technical staff; and to provide a framework
         consistent with Act 769, Alabama Legislature, Regular Session 1971, within
         which all values may be balanced in the public interest.

(2.0)    1.2  Structure and Numbering of Rules and Regulations

         1.2.1  Title and Scope

         The provisions contained in these rules and regulations shall be known and
         may be cited as the Mobile County Air Pollution Control Rules and Regula-
         tions, and shall apply to all activities and all persons in Mobile County,
         Alabama, including Federal and State activities.

         1.2.2  Chapters

         The normal division of these rules and regulations are chapters, which
         should encompass a broad subject matter.  Chapters are numbered consecutively
         in Arabic throughout the rules and regulations.

         1.2.3  Parts

         The normal division of chapters are parts.  A part should be devoted  to
         a specific subject matter within a chapter., Parts are numbered con-
         secutively in Arabic throughout each chapter and shall include the number
         of the chapter set off by a decimal pount.  Thus, the part number for
         part 15 within Chapter 3 is 3.15.
                                              -191-

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         1.2.4  Sections

         The normal divisions of parts are sections.  The section is the basic
         unit of these  rules and regulations.  Sections are numbered consecutively
         in Arabic throughout each part and shall include the numbers'of the part
         set off by a decimal pount.  Thus, the section number for Section 26
         of Part 3.15 is  3.15.26.

         1.2.5  Internal  Division of Sections

         Whenever internal divisions are necessary, sections shall be subdivided
         into paragraphs, paragraphs into s'jbparagraphs, and subparagraphs into
         subdivisions,  designated as follows:

                  Terminology:                 Illustrative Symbol:

                  Paragraph                            (a)
                  Subparagraph                         (1)
                  Subdivision                          (i)

         1.2.6  Promulgation Procedure

         All requirements and provisions subject to inclusion in these rules and
         regulations shall be drafted as amendments to the Mobile County Air
         Pollution .Control Rules and Regulations and prepared in accordance with
         the provisions of this part and with, insofar as it applies and does
         not conflict with this part, the provisions of Part 17 of Title 1 of
         the Code of Federal Regulations, as the same may be amended or revised.

0-°)     1.3  Definitions

         As used in these rules and regulations, terms shall have the meaning
         ascribed in this part.

         1.3.1  Act

         Shall mean the Alabama Air Pollution Control Act of 1971, Act No. 769,
         Regular Session, 1971.

         1.3.2  Air Contaminant

         Shall mean any solid, liquid, or gaseous matter, any odor, or any com-
         bination thereof, from whatever source.

         1.3.3  Air Pollution

         Shall mean the presence in the outdoor atmosphere of one or more air
         contaminants in  such quantities and duration as are, or tend to  be,
                                             -192-

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injurious to human health or welfare, animal  or plant life,  or property,  or
would interfere with the enjoyment of life or property throughout the
County and in such territories of the County  as shall be affected thereby.
1.3.4  Air Pollution Emergency
Shall mean a situation in which meteorological conditions and/or contaminant
levels in the ambient air reach or exceed the levels which may cause
imminent and substantial endangerment to health.
1.3.5  Board
Shall mean the Mobile County Board of Health.
1.3.6  Chairman
Shall mean the Chairman of the Mobile County  Board of Health.
1.3.7  Commenced
Shall mean than an owner or operator has undertaken a continuous program
of construction or modification or than an owner or operator has entered into
a binding agreement or contractual obligation to undertake and complete,
within a reasonable time, a continuous program of construction or modification.
1.3.8  Commtsstoh
Shall mean the "Air Pollution Control Commission of the State of Alabama"
established by the Act.
1.3.9  Construction
Shall mean fabrication, erection, or installation of an affected facility.
1.3.10  Control
Shall mean any device which has the function  of controlling the emissions
from a process, fuel-burning, or refuse-burning device and thus reduces the
creation of, or the emission of air contaminants into the atmosphere, or
both.
1.3.11  Control Regulation
Shall mean a legally enforceable emission control strategy.
1.3.12  Control Strategy
Shall mean a collection of various emission standards selected for the
                                     -193-

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different categories of sources.

1.3.13  County

Shall mean Mobile County, Alabama.

1.3.14  Director

Shall mean the Director of the Bureau of Environmental  Health of the
Mobile County Board of Health, or in his absence, the designated Acting
Director, or Assistant Director of the Bureau of Environmental  Health.

1.3.15  Effluent Water Separator

Shall mean any tank, box, sump, or other container in which any volatile
organic 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.

1.3.16  Emission

Shall mean a release into the outdoor atmosphere of air contaminants.

1.3.17  Existing Source

Shall mean any source in operation or on which construction has commenced
on the date of initial adoption of an applicable rule or regulation;
except that any existing source which has undergone modification after the
date of initial adoption of an applicable rule or regulation, shall be
reclassified and considered a new source.

1.3.18  Federal Act

Shall mean the Clean Air Act (42 U.S.C. 185 et seq.) as last amended,  and
as may hereafter be amended.

1.3.19  Fuel-Burning Equipment

Shall mean any equipment, device or contrivance and all appurtenances
thereto, including ducts, breechings, fuel-feeding equipment, ash removal
equipment, combustion controls, stacks and chimney,  used primarily, but
not exclusively, to burn any fuel for the purpose of indirect heating  in
which the material being heated is not contacted by and adds no sub-
stance to the products of combustion.
                                     -194-

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1.3.20  Fugitive Dust

Shall mean solid air-borne participate matter emitted from any  source  other
than a flue or stack.

1.3.21  Health Officer

Shall mean the Health Officer of the Mobile County Board of Health  or  his
designee.

1.3.22  Heat Available

Shall mean the aggregate heat content of all  fuels whose products of
combustion pass through a stack or stacks.

1.3.23  Reserved

1.3.24  Incinerator

Shall mean any equipment, device or contrivance and all  appurtenances
thereof used for the destruction by burning of solid, semi-solid, liquid,
or gaseous combustible wastes.

1.3.25  Maximum Process Weight Per Hour

Shall mean the equipment manufacturer's or designer's guaranteed maximum
(whichever is greater) process weight per hour.

1.3.26  Modification

Shall mean any physical change in, or change in the method of operation
of, an affected source which increases the amount of any air contaminant
(to which a rule or regulation applies) emitted by such  source or which
results in the emission of any air contaminant (to which a rule or
regulation applies) not previously emitted, except that:

(a)  Routine maintenance, repair, and replacement shall  not be considered
     physical changes, and

(b)  The following shall not be considered a change in the method of
     operation:

     (1)  An increase in the production rate;
     (2)  An increase in hours of operation;
     (3)  Use of an alternative fuel or raw material.
                                     -195-

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1.3.27  New Source

Shall mean any source built or installed after the date of initial  adop-
tion of an applicable rule or regulation and any source existing  at said
stated time which later undergoes modification.   Any source moved to
another premise involving a change of location after the date of  initial
adoption of an applicable rule or regulation shall be considered  a  new
source.

1.3.28  Odor

Shall mean smells or aromas which are unpleasant to persons, or which
tend to lessen human food and water intake,  interfere with sleep, upset
appetite, produce irritation of the upper respiratory tract, or cause
sysptoms of nausea, or which by their inherent chemical or physical nature,
or method of processing, are, or may be, detrimental or dangerous to
health.  Odor and smell are used interchangeable herein.

1.3.29  Opacity

Shall mean the obscuration to an observer's  view produced by smoke  of  any
color that is equivalent to an obscuration by smoke of a shade specified
in the Ringelmann Smoke Chart published by the United States Bureau of
Mines.

1.3.30  Open Burning

Shall mean the burning of any matter in such a manner that the products
of combusion resulting from the burning are  emitted directly into the
ambient air without passing through an adequate stack, duct, or chimney.

1.3.31  Operating Time

Shall mean the number of hours per year that a source conducts operations.

1.3.32  Organic Materials

Shall mean any chemical compounds of carbon  excluding carbon monoxide,
carbon dioxide, carbonic acid, metallic carbides, metallic carbonates,
and ammonium carbonate.

1.3.33  Organic Solvents

Shall mean organic materials, which include  diluents and thinners,  which
are liquids at standard conditions and which are used as dissolvers,
viscosity reducers, or cleaning agents.
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1.3.34  Owner or operator

Shall mean any person who owns,  leases,  operates,  controls, or suoervises
an  affected facility, article, machine,  equipment,  other  contrivance, or
source.

1.3.35  Particulate Matter

Shall mean finely divided material,  except uncombined water which  is  liquid
or solid at standard conditions  of temperature at  70 Degrees  F and Pres-
sure at 14.7 pounds per square  inch  absolute.

1.3.36  Person

Means the State, any individual, partnership,  firm, association, munici-
pality,  public or private corporation or institution, political subdivision
or agency of the State, including any Environmental Improvement Authority
established pursuant to. Act Number 1117, Regular Session  of  1969  (General
Acts 1969, p. 2060), any trust,  estate,  or any other legal entity  and any
successor, representative, agent, or.agency of the foregoing, the United
States or any department, agency or instrumentality of the executive,
legislative or judicial branches of the  Federal Government.

1.3.37  Photochemi cally Reacti ve Sol vent

Shall mean any solvent with an  aggregate of more than 20  percent  of its
total volume composed of the chemical compounds classified below  or which
exceeds any of the following individual  percentage 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 unsaturation:
     5 percent;

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

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

1.3.38  Process

Shall mean any action, operation, or treatment of materials,  including
handling and storage thereof, which may cause discharge of an air con-
taminant, or contaminants, into the atmosphere, but excluding fuel burn-
ing  and refuse burning.
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1.3.39  Process Weight

Shall mean the total weight in pounds of all  materials introduced into
any specific process which may cause any discharge into the atmosphere.

1.3.40  Process Weight Per Hour

Shall mean the total weight of all  materials  introduced into any specific
process that may cause any discharge of particulate matter.  Solid fuels
charged will be considered as part of the process weight,  but liquid and
gaseous fuels and combustion air will not.  For a cyclical  or batch
operation, the process weight per hour will  be derived by  dividing the
total process weight by the number of hours  in one complete operation,
the process weight per hour will be derived  by dividing the total process
weight by the number of hours in one complete operation from the beginning
of any given process to the completion thereof, excluding  any time during
which the equipment is idle.  For a continuous operation,  the process
weight per hour will be derived by dividing  the process weight for a
typical period of time by that time period.

1.3.41  Refuse

Shall mean matter consisting of garbage, rubbish, ashes, street debris,
dead animals, abandoned vehicles, industrial  wastes, demolition wastes,
construction wastes, special wastes, or sewage treatment residue.

1.3.42  Ringelmann Chart

Shall mean the chart published and described  in U.S. Bureau of Mines
Information Circular 8333.

1.3.43  Smoke

Shall mean gas-borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon,  ashes, or other
combustible material.

1.3.44  Soiling Index

Shall mean a measure of the soiling properties of suspended particles
in air determined by drawing a measured volume of air through a known
area of Whatman No. 4 filter paper for a measured period of time,
expressed as COHs/ 1,000 linear feet.
                                    -198-

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1.3.45  Source

Shall mean any building, structure, facility,  installation,  article,
machine, equipment, device, or other contrivances which emits or may
emit any air contaminant.   Any activity which  utilizes abrasives or
chemicals for cleaning or any other purpose (such as cleaning the
exterior of buildings) which emits air contaminants shall  be considered
a source.

1.3.46  Stack or Ducts

Shall mean any flue duct,  or other contrivance arranged to conduct
emissions to the open air,

1.3.47  Startup

Shall mean the setting in operation of an affected source  for any purpose.

1.3.48  State

Shall mean the State of Alabama.

1.3.49  Submerged Fill Pipe

Shall mean any fill pipe,  the discharge opening of which is  entirely
submerged when the liquid level is 6 inches above the bottom of the tank;
or when applied to a tank which is loaded from the side, shall  mean any
fill pipe, the discharge opening of which is entirely submerged when
the liquid level is two times the fill pipe diameter, in inches, above
the bottom of the tank.

1.3.50  Uncombined Water

Shall mean any water droplets or water vapor condensate that does not con-
tain any other solid or liquid particulate matter attached to the water
droplets.

1.3.51  Volatile, Organic Compounds

Shall mean any compound containing carbon and  hydrogen or containing
carbon and hydrogen in combination with any other elements which has  a
vapor pressure of 1.5 pounds per square inch absolute or greater under
actual storage conditions.

1.3.52  Total Reduced Sulfur (TRS)

Shall mean hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl
disulfide, and any other organic sulfides present.
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         1.3.53  Model  Year

         Shall  mean the annual  production  period  of new motor  vehicles  designated
         by the calendar year in which such period ends, provided  that  if the
         manufacturer does not so designate vehicles manufactured  by  him, the
         model  year with respect to such vehicles shall  mean the twelve month
         period beginning January 1 of the year specified herein.

         1.3.54  Motor Vehicle

         Shall  mean every self-propelled device in or upon or  by which, any  person
         or property is, or may be, transported or drawn upon  a public  highway.

(2.0)     1.4  Air Pollution Control Program.

         There is hereby created within the Bureau of Environmental Health of  the
         Mobile County Board of Health'an  Air Pollution Control Program.   The
         Director of the Bureau of Environmental  Health shall  administer  these
         regulations and the program under the direction of the Health  Officer.

(2.0)     1.5  Powers and Duties of the Mobile County Board of  Health.

         The Mobile County Board of Health shall  have the following powers and
         duties:

         1.5.1

         To hold hearings relating to any  aspect  of or matter  in the  administration
         of these regulations,  and in connection  therewith, compel the  attendance
         of witnesses and the production of evidence.

         1.5.2

         To issue such orders as may be necessary to affectuate the purposes of
         these regulations and enforce the same by all  appropriate administrative
         and judicial proceedings.

         1.5.3

         To issue such orders as may be necessary to effectuate the purpose  of these
         regulations and enforce the same  by all  appropriate administrative  and
         judicial proceedings.

         1.5.4

         To secure necessary scientific, technical, administrative and  operational
         services, including laboratory facilities, by contract or otherwise.
                                              -200-

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1.5.5

To prepare and develop a comprehensive plan or plans  for the  prevention,
abatement and control  of air pollution in Mobile County.

1.5.6
To encourage voluntary cooperation by persons and affected groups  to
achieve the purposes of these regulations.

1.5.7

To encourage and conduct studies, investigations and research relating
to air contamination and air pollution and their causes,  effects,  preven-
tion, abatement and control.

1.5.8

To determine,by means of field studies and sampling, the degree of  air
contamination and air pollution in the County and the several parts thereof.

1.5.9

To make a continuing study of the effects of the emission of air contami-
nants from motor vehicles on the quality of the outdoor atmosphere of Mobile
County and the several parts thereof, and make recommendations to  appropri-
ate public and private bodies with respect thereto.

1.5.10

To collect and disseminate information and conduct educational and training
programs relating to air contamination and air pollution.

1.5.11
To advise, consult, contract and cooperate with agencies of the State,
local governments, industries, other states, interstate or interlocal
agencies, and the Federal Government, and with interested persons or groups.

1.5.12

To consult, upon request, with any person proposing to construct, install
or otherwise acquire an air contaminant source or device or system for
the control thereof, concerning the efficacy of such device or system, or
the air pollution problem which may be related to the source, device or
system.  Nothing in any such consultation shall be construed to relieve
any person from compliance with the Act, these regulations, or any other
provision of law.
                                       -201-

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         1.5.13

         To accept, receive and administer grants or other funds  or gifts  from
         public and private agencies,  including the Federal  and State  Government,
         for the purpose of carrying out any of the functions  of  these regulations.

         1.5.14

         To provide for the establishment of advisory committees, appointment of
         the membership of such committees, scope of investigation, and other
         duties, of such committees.

         1.5.15

         To require from any person reports containing information as  may  be  re-
         quired by the Health Officer concerning location, size and height of
         contaminant outlets,processes employed, rules used and the nature and time
         periods or duration of emissions, and such other information  as is relevant
         to air pollution.

         1.5.16

         To provide for the delegation of the authority of the Health  Officer to
         employees of the Mobile County Board of Health for the performance of any
         act or duty necessary or incidental to the administration of  the  Act or
         these regulations.

         1.5.17

         To determine and establish a  fee schedule related to  activities of the
         air pollution control program and to provide for collection of same  as
         provided for in Alabama Act Number 769, Regular Session, 1971.

(14.0)    1.6  Availability of Records  and Information

         1.6.1  Public Inspection of Records

         Except as is provided in this part, any records, reports or information
         obtained under the Act or these regulations and the official  records of
         the Board shall be available  to the public for inspection. Requests to
         inspect such records should state the general subject matter  of the  records
         sought to be inspected to permit identification and location.

         1.6.2  Exceptions

         Upon a showing satisfactory to the Health Officer by  any person that re-
         cords, reports, or information, or particular part thereof, (other than
                                              -202-

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emission data) to which the Board has access if made public,  would
divulge production or sales figures or methods, processes or  production
unique to such person, or would otherwise tend to affect adversely the
competitive position of such person by revealing trade secrets,  the
Board and the Health Officer shall consider such record, report,  or
information or particular portion thereof confidential in the administra-
tion of the Act.

1.6.3  Creation of Record

Records will not be created by compiling selected items from  other docu-
ments at the request of a member of the public, nor will records  be created
to provide the requester with data such as ratios, proportions,  percentages,
frequency distribution, trends, correlations, or comparisons.

1.6.4  Denial of Requests, for, or Non-existence of, Information

If it is determined pursuant to this Part that requested information will
not be provided or that, to the best knowledge of the Health  Officer,
requested information does not exist, the Health Officer shall notify in
writing the party requesting the information that the request is  either
denied or cannot be fulfilled.

1.6.5  Copies of Documents

If it is determined that information requested may be disclosed,  the re-
questing party shall be afforded the opportunity to obtain copies of the
documents containing such information.  However, records shall not be re-
leased for copying by non-Board personnel except by permission of the
Health Officer.  When a determination not to disclose a portion of Informa-
tion requested has been made, records shall be masked for copying of non-
excepted portions of the information.  If copies of information are re-
quested, the Health Officer may furnish said copies at a price to be set
by the Health Officer that would compensate for the cost of producing the
requested copies.

1.6.6  Disclosure of Information

Nothing herein shall be construed to prevent disclosure of such report,
record or information to Federal or State representative as necessary
for purposes of administration of the Program or of any Federal or State
Air Pollution Control Law, or when relevant in any proceeding under the
Act or these regulations.


1.6.7  Correlation of Information

As soon as practicable, the Health Officer shall provide for public
availability of emission data reported by source owners or operators
or otherwise obtained by the Health Officer.  Such emission data shall
be correlated with applicable emission limitations or other measures.
As used in this section, "correlated" means presented in such a manner
as to show the relationship between measured or estimated amounts of
                                     -203-

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           emissions and the amounts  of such  emissions  allowable  under  these  rules
           and regulations.

  (4.0)     1.7  Ambient  Air  Quality Standards

           1.7.1  Primary and Secondary  Standards

           The  National  primary ambient  air quality standards and national secondary
           ambient air quality standards and accompanying appendices of reference
           methods,  set  forth as Part 50 of Title 40 of the Code of Federal Regula-
           tions, as  the same may be amended or revised, are hereby incorporated and
           made a part of these regulations, and shall apply throughout the county.

           1.7.2  Policy

           It  is the  objective of the Board to obtain and maintain the ambient air
           quality standards of this Part in achieving the policy and purpose of the
           Act  and as required by the Federal Act.  The adoption hereby of the nation-
           al  primary and secondary ambient air quality standards shall not be
           considered in any manner to  allow significant deterioration of existing
           air  quality in any portion of the county.

           1.7.3  Attainment of Primary  Standard

           These rules and regulations  and the administration of the Air Pollution
           Control Program shall provide for the attainment of the national primary
           ambient air quality throughout the county as expeditiously as practicable,
           but  in no  case later than  three years after the date of initial adoption
           of  these  rules and regulations or within the time limits specified by
           Section 110 (a) of the Clean  Air Act, as amended (84 Stat. 1680), which-
           ever is later.

           1.7.4  Attainment of Secondary Standard

           To  the extent practicable  and feasible, these rules and regulations and
           the administration of the  Air Pollution Control Program shall strive
           for the attainment of the  national secondary ambient air quality through-
           out the county concurrently  with the attainment of the national primary
           ambient air quality standard as provided in  Section 1.7.3.

(9.0)       1.8  Inspections

           The Health Officer or his  authorized representative may enter and  inspect
           any property, premises or  place on or at which an air  contaminant  source
           is  located or is  being constructed,  installed or established at any
           reasonable time  for the  purpose of ascertaining the state  of compliance
           with these regulations.  No  person shall refuse entry  or access to the
           Health Officer or his authorized representative who requests entry for
           purposes  of  inspection,  and  who presents appropriate credentials;  nor
           shall  any person  obstruct,  hamper  or interfere with any such inspection.
           If  requested, the owner  or operator  of  the  premises shall  receive  a  report
                                               -204-

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         setting forth all  facts  found  which  relate  to  compliance status.

(9.0)     1.9  Monitoring, Records.  Reporting
(13.0)
         1.9.1

         The Health Officer may require the owner or operator of any  air  contami-
         nant source to establish and maintain such  records;  make such  reports;
         install, use and maintain such monitoring equipment  or methods;  sample
         such emissions in accordance with such methods,  at such locations,  intervals
         and procedures as the Health Officer shall  prescribe; and  provide such
         periodic emission reports as required in Section 1.9.2.

         1.9.2  Required Reports

         Records and reports as the Health Officer may  prescribe on air contami-
         nants or fuel shall be recorded, compiled and  submitted on forms furnished
         by the Health Officer or when  forms  are not so furnished,  then in formats
         approved by the Health Officer.

(9.0)     1.10  Sampling and Testing Methods

         1.10.1  Methods

         All required sampling and testing'shall be  made and  the results  calculated
         in accordance with sampling and testing procedures and methods approved
         by the Health Officer.  All required samples and tests shall be  made under
         the direction of persons qualified by training and/or experience in the
         field of air pollution control.

         1.10.2  Standard Methods

         The Health Officer, to the extent practicable, should recognize  and approve
         the test methods and procedures established by Part  60 of  Title  40 of the
         Code of Federal Regulations, as the  same may be amended or revised.

         1.10.3

         The Health Officer or his authorized representative  may conduct  tests and
         take samples of air contaminants, fuel, process material or  other material
         which affects or may affect emission of air contaminants from any source.
         Upon request of the Health Officer,  the person responsible for the source
         to be tested shall provide necessary holes  in  stacks or ducts  and such
         other safe and proper sampling and testing  facilities exclusive  of instru-
         ments and sensing devices as may be  necessary  for proper determination
         of the emission of air contaminants.  If the Health  Officer  or his
         authorized representative during the course of an inspection obtains a
         sample of air contaminant, fuel, process material, or other  material, he
         shall give the owner or operator of the equipment or fuel  facility a
         receipt for the sample obtained.


                                               -205-

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          1.10.4  Report to Owner or Operator

          At the conclusion of any inspection under Part 1.3 of these  regulations,
          or at the completion of any testing or sampling under this Part,  the  owner
          or operator of the premises,  if he so  requests, shall  receive  a  report
          setting forth all facts found which relate to  compliance  status  with  these
          rules and regulations.

(6.0)      1.11   Compliance Schedule

          1.11.1  Scope

          Except as otherwise specified, compliance with the provisions  of these
          rules and regulations shall be according to the time schedule  of this Part.

          1.11.2  New Sources

          All new sources shall comply with the  applicable rules and regulations
          of Chapter 5 et seq. within 60 days after achieving the maximum  production
          rate at which the affected source will be operated, but not  later than
          120 days after initial  startup of such source, unless the Health Officer
          specifies another period of time as a  condition to the issuance  of any
          Permit under Chapter 3.

          1.11,3  Existing Sources

          All existing sources not in compliance as of the date of  initial adoption
          of an applicable rule or regulation contained in Chapter  5 et  seq. shall
          be in compliance within 6 months of such initial date unless the owner
          or operator responsible for the operation of such source  shall have
          submitted to the Health Officer in a form and manner satisfactory to  him,
          a control plan and schedule for achieving compliance, such plan  and
          schedule to contain a date on or before which full compliance  will be
          attained, and such other information as the Health Officer may require.
          Any such plan and schedule expected to extend over a period  of 18 or  more
          months from such initial date shall include provisions for periodic
          increments of progress toward full compliance.  If approved  by the Health
          Officer, such dates shall be the dates on which such owner or operator
          shall achieve incremental progress and full compliance.  The Health
          Officer may require persons to submit subsequent periodic reports on  pro-
          gress in achieving compliance.  In no event shall the control  plan and
          schedule exceed 3 years from the date of initial adoption of an applicable
          rule or regulation.  The provisions of this Section shall not apply to
          sources for which permits are required under Chapter 3.
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         1.11.4

         Nothing in this Part shall  relieve any  person,  or  any  new  or  existing
         source from complying with  the provisions  of Chapters  1  through  4  of
         these rules and regulations.

(7.0)     1.12  Maintenance and Malfunctioning of Equipment;   Reporting
(is.o)                        :::
         1.12.1  Maintenance;  Reporting

         In the case of shutdown of  air pollution control equipment (which  operates
         pursuant to any permit issued by the Health  Officer) for necessary sche-
         duled maintenance, the intent to shutdown  such  equipment shall  be  reported
         to the Health Officer at least twenty-four (24)  hours  prior to  the planned
         shutdown, unless such shutdown is accompanied by the shutdown of the  source
         which such equipment is intended to control.   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  shutdown
              the source operation during the maintenance period.

         1.12.2  Malfunction;  Reporting

         In the event that any emission source,  air pollution control  equipment,
         or related facility fails or breaks down in  such a manner  as  to  cause
         the emission of air contaminants in violation of these rules  and regula-
         tions, the person responsible for such  source,  equipment,  or  facility shall
         notify the Health Officer within 24 hours  of such  failure  or  breakdown
         and provide a statement giving all pertinent facts, including the
         estimated duration of the breakdown.  The Health Officer shall  be  notified
         when the condition causing  the failure  or breakdown has  been  corrected
         and such source, equipment, or faciltiy is again in operation.
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(2.0)     1.13  Prohibition of Air Pollution

         No person shall  permit or cause air pollution as  defined in  Section
         1.3.3 of this Chapter by the discharge of any air contaminant for which
         no ambient air quality standards have been set under  Section 1.7.1.

(15.0)    1.14  Penalties  and Citations

         1.14.1

         Any person who violates any provision of these regulations or who violates
         any determination or order of the Health Officer  pursuant to these regula-
         tions shall be liable to a penalty not to exceed  $10,000 for said viola-
         tion and an additional penalty not to exceed $10,000  for each day during
         which such violation continues, which penalty may be  recovered by the
         Mobi.le County Board of Health in a civil action in the Circuit Court of
         said county and such person may also be enjoined  from continuing such
         violation.

         1.14.2

         Any money penalty so recovered shall be deposited in  the Treasury of the
         Mobile County Board of Health, to the account of  the  Air Pollution Control
         Program of the Mobile County Board of Health.

         1.14.3

         It shall be the duty of the District Attorney of  the  Judicial Circuit
         having jurisdiction in Mobile County to bring such actions  in the Circuit
         Court at the request of the Mobile County Board of Health in the name of
         Mobile County, Alabama.  The Mobile County Board  of Health may at its
         option also commence such actions utilizing attorneys employed by the
         Mobile County Board of Health.

         1.14.4

         Any person who knowingly violates or fails or refuses to obey or comply
         with any provision of these regulations or knowlingly submits any false
         information required by these regulations shall be guilty of a misdemeanor
         and upon conviction shall be punished as provided by law.

         1.14.5

         The Mobile County Board of Health hereby authorized the Health Officer
         to issue citations to any person violating any provisions of these regula-
         tions.  Said citation commanding said person to cease and desist from
         violating the provisions of these regulations.  The citation shall specify
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the provision or provisions of these regulations  alleged to  be  violated
and shall specify generally the facts alleged to  constitute  a violation
thereof.   Said citation shall  command the person  to appear at a hearing
in person or by attorney at a  time and place specified before the Board
of Health or its appointed hearing officer and show cause why a
prosecution for the violation  of the provision or provisions of these
regulations should not be commenced.  No citation shall  be issued for an
appearance before the Board of Health or its appointed hearing  officer
on a date less than 10 days next after the issuance thereof, except when
an emergency air episode has been declared, in which case appearance
may be required within 24 hours.  The citation may be directed  to a
business or corporation or to  the president, manager, superintendent,
or other person in charge of the business or corporation. The  citation
may be executed by leaving a copy thereof at any  office of the  business
or corporation or by leaving a copy with some person at said office or
at the residence of the president, manager, superintendent,  or  other
person in charge.

1.14.6

The issuance of a citation shall not be a condition precedent  to the
beginning of a prosecution under section 1.14.1 and 1.13.3 hereof; how-
ever, where a citation has been issued the accused shall be  afforded an
opportunity to be heard upon said citation before any prosecution is
commenced hereunder.  At the conclusion of the hearing on the  citation
the Mobile County Board of Health may cause a prosecution to be commenced
for said violation in which case the Mobile County Board of  Health
shall direct the Health Officer or his authorized representative to
appear before a Magistrate authorized to take oaths and issue  warrants
of arrest in the County where the air contaminant source is  located and
make affidavit setting out the findings of the Mobile County Board of
Health.  The Magistrate shall  forthwith issue a warrant of arrest for
the party charged commanding any Sheriff or other officer of the State
authorized by state law to execute warrants or arrest, to arrest the
defendant and forthwith bring him before the Magistrate.  The warrant
shall be returnable to the court charged with jurisdiction to  try mis-
demeanors committed in Mobile County, Alabama.  The Board shall not
cause a prosecution to be commenced if it finds that the proximate cause
of the alleged violation was not the fault of the alleged defender.

1.14.7

The testimony taken at any hearing before the Mobile County  Board of
Health may be under oath and may be recorded stenographically,  but the
parties shall not be bound by the strict rules of evidence prevailing
                                    -209-

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          in the courts of law and equity.   True copies  of any  transcripts  and
          of any other record made of or at such hearing shall  be  furnished to
          any party hereto upon request and on  payment of the reasonable  cost
          of making such transcript.

(2.0)      1.15  Circumvention

          No person shall  cause or permit the  installation or use  of  any  device
          or any means which, without resulting in  reduction in the total amount
          of air contaminant emitted, conceals  or dilutes any emission of air
          contaminant which would otherwise violate these rules and regulations.

(2.0)      1.16  Severability

          The provisions of these rules and regulations  and the various
          applications thereof are declared to  be severable and if any chapter,
          part,  section, paragraph, subparagraph, subdivision,  clause, or phrase
          of these rules and regulations shall  be adjudged to be invalid  or
          unconstitutional by any court of competent jurisdiction, the judgment
          shall  not affect, impair or invalidate the remainder  of  these rules and
          regulations, but shall  be confined in its operation to the  chapter,
          part,  section, paragraph, subparagraph, subdivision,  clause, or phrase
          of these rules and regulations that  shall  be directly involved  in the
          controversy in which such judgment shall  have  been rendered.
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(8.0)                         CHAPTER 2 — AIR POLLUTION EMERGENCY

(8.0)       2.1   Air Pollution  Emergency

           The  Health Officer  is  authorized  and  empowered  to enforce or require
           enforcement of any  provisions  of  this Chapter throughout the territorial
           limits of Mobile County,  Alabama.

(2.0)       2.2   Powers and Duties of the  Health  Officer

           2.2.1

           Any  other provisions of law to the contrary  notwithstanding, if  the
           Health Officer finds that a generalized  condition of air pollution
           exists and that it  creates an   emergency requiring  immediate action to
           protect human health or safety, the Health Officer  shall order persons
           causing or contributing to the air pollution to reduce or discontinue
           immediately the emission  of air contaminants, and such order shall fix
           a place and time, not  later than  twenty-four hours  thereafter, for a
           hearing to be held  before the  Board.   Not more  than twenty-four  hours
           after the commencement of such hearing,  and  without adjournment  there-
           of,  the Board shall affirm, modify or set aside the order of the Health
           Officer.

           2.2.2

           In the absence of a generalized condition of air pollution  of the type
           referred to in Section 2.2.1 of this  part, but  if the  Health Officer
           finds that emissions from the  operation  of one  or more air  contaminant
           source is causing imminent danger to  human health or safety, he  may
           order the person or persons responsible  for  the operation or operations
           in question to reduce  or discontinue  emissions  immediately.  In  such
           event, the requirements for hearing and  affirmance, modification or
           setting aside of orders set forth in  Section 2.2.1  of  this  part  shall
           apply.

           2.2.3

           Nothing in this Section shall  be  construed to  limit any power which the
           Health Officer, the Alabama Air Pollution Control commission, the
           Governor or any other  officer  may have to declare an emergency and act
           on the basis of such declaration, if  such power is  conferred by  statute
           or constitutional provision, or inheres  in the  office.
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         2.2.4

         In addition to,  and without in  any way limiting  the  foregoing,  if  the
         Health Officer or any three members of the  Board determines  at  any time
         that air pollution in Mobile County or in any  portion  of the County
         constitutes an emergency risk to the health of those present in the
         County or said area of the County, and that the  resources of the Mobile
         County Board of Health are not  sufficient to abate said  air  pollution,
         such determination shall be communicated by telephone  and in writing,
         with the factual  findings on which such determination  is based  to  the
         Director of the Division of Air Pollution Control of the Alabama
         Department of Public Health or  to the State Health Officer in his  capa-
         city as Chairman of the Alabama Air Pollution  Control  Commission or to
         the Environmental  Protection Agency of the  Federal Government.   Such
         communication shall request assistance in the  abatement  of said air
         pollution emergency consistent  with the provisions of  Act 769,  Alabama
         Legislature, Regular Session 1971, and the  Federal Clean Air Act as amended.
         The County Health Officer may delegate to the  Assistant  Health  Officer
         or to the Director the power to make said determinations and deliver the
         same to the Director of the Division of Air Pollution  Control of the
         Alabama Department of Public Health or to the  State  Health Officer or
         the Environmental  Protection Agency in the  name  of the Health Officer.

(8.0)     2.3  Episode Criteria

         When the Health Officer determines that conditions justify the  proclama-
         tion of an air pollution episode stage, due to the accumulation of air
         contaminants in any place within the County, attaining levels which could,
         if sustained or exceeded, lead  to a substantial  threat to the health of
         persons, he shall  be guided by  the following criteria.

         2.3.1

         Episode stages shall be determined and declared  upon the basis  of  average
         concentration recorded at any monitoring station in  the  County.

         2.3.2

         If contamination and meteorology warrant, and  advanced episode  stage may
         be declared by the Health Officer without first  declaring a  lesser
         degree of Alert or Watch.  The  Health Officer  shall, at  his  discretion,  .
         declare a lesser stage, the termination o.r  the continuance of the
         advanced episode stage during such times when  contamination  and meteoro-
         logical conditions moderate significantly after  an advanced  episode
         stage has been declared.
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2.3.3  Episode Match

The Health Officer shall  declare an Episode Watch when one or more  of
the following events take place.

(a)  An Atmospheric Stagnation Advisory is issued by the National
     Weather Service, stating that atmospheric conditions marked by a
     slow moving high pressure system, light winds,  and temperature
     inversions are expected to affect Mobile County or portions
     thereof for the next 36 hours.

(b)  A forecast by local  meterologist that stagnant atmospheric conditions
     as described above could result in high air pollution levels in
     Mobile County or portions thereof.

(c)  Validated reports of abnormally high air pollution measurements,
     specifically, reaching or exceeding 50 percent of the Alert level
     of Section 2.3.4 for at least three consecutive hours at a given
     locality in the County.

2.3.4  Alert

The Health Officer shall  declare an Alert when any one of the following
contaminant concentrations is measured at any monitoring site, and due
to adverse meteorological conditions can be expected to remain at these
levels or higher for the next 12 hours or more unless control measures
are taken:

(a)  Sulfur Dioxide.  Measured by continuous coulometric or colorimetric
     analyzer, or equivalent.
       24-hour average, 0.30 ppm (800;ug/m3)

(b*)  Particulates.  Measured by sequential tape sampler, two-hour
     accumulations (soiling index).
       24-hour average, 3.0 COHS per 1000 linear feet or measured by
     Hi Vol (high volume sampler), 24-hour accumulation.
       24-hour average, 375/jg/m3

(c)  Sulfur Dioxide and Particulates Combined.  Product of concurrent
     24-hour average concentrations.
       sulfur dioxide, ppm, times particulates, COHS,
       equals 0.2
       Sulfur dioxide, /ug/m3, time particulates,
       equals 65,000
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(d)  Carbon Monoxide.   Measured by continuous non-dispersive infrared
     analyzer, or equivalent.
        8-hour average, 15 ppm (17 mg/m3)

(e)  Nitrogen Dioxide.   Measured by continuous analyzer,  or equivalent.
        24-hour average, 0.15  ppm (282/ig/m3)
     Or 1-hour average, 0.6 ppm (1130/jg/m3)

(f)  Photochemical Oxidants.   Measured by  continuous chemiluminescent
     analyzer or equivalent.
        1-hour average, 0.1 ppm (200/jg/m3)

2.3.5  Warni ng

A Warning shall be declared by the Health  Officer when the  concentrations
of any of the following air contaminants measured at any  monitoring site
and due to adverse meteorological conditions can be expected to remain
at these levels or higher for  the next 12  hours or more unless control
measured are taken:

(a)  Sulfur Dioxide.  Measured by continuous coulometric  or colorimetric
     analyzer, or equivalent.
        24 hour average, 0.6 ppm (1600/jg/m3)

(b)  Particulates.  Measured by sequential tape sampler,  two-hour
     accumulations (soiling index)
        24-hour average, 5.0 COHS per 1000 linear feet or measured by
     Hi Vol, 24-hour accumulation:
        24-hour average, 625/ig/m3.

(c)  Sulfur Dioxide and Particulates Combined.  Product of concurrent
     24-hour average concentration.
        sulfur dioxide, ppm, times particulates, COHS, equals 0.8
     or sulfur dioxide,>ug/m3, times particulates, yug/m3, equals 261,000

(d)  Carbon Monoxide.   Measured by continuous non-dispersive infrared
     analyzer or equivalent.
        8-hour average, 30 ppm (34mg/m3)

(e)  Nitrogen Dioxide.   Measured by continuous analyzer,  or equivalent.
        24-hour average, 0.30  ppm (565 /jg/m3)
        1-hour average, 1.20 ppm (2260/ug/m3)

(f)  Photochemical Oxidants.   Measured by continuous chemiluminescent
     analyzer, or equivalent.
        1-hour average, 0.40 ppm (800>ig/nr)
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2.3.6  Emergency

When the following concentrations of air contaminants have been reached
or due to meteorological conditions can be expected to reach or exceed
these levels at any monitoring site in the County for a period of 12
hours or more unless control actions are taken, the Health Officer shall
declare an Emergency:

(a)  Sulfur Dioxide.  Measured by continuous coulometric or colorimetric
     analyzer, or equivalent.
        24-hour average, 0.8 ppm, (2100
(b)  Particulates.  Measured by sequential tape sampler, two-hour
     accumulations (soiling index).
        24-hour average, 7.0 COHS per 1000 linear feet
     or measured by Hi Vol , 24-hour accumulation
        24-hour average, 875/jg/m3

(c)  Sulfur Dioxide and Particulates Combined.  Product of concurrent
     24-hour average concentrations.
        sulfur dioxide, ppm, times parti culates, COHS, equals 1.2
     or sulfur dioxide, >jg/m3, times parti cul ates, >ig/m3, equals 393,000

(d)  Carbon Monoxide.  Measured by continuous non-dispersive infrared
     analyzer, or equivalent.
        8- hour average, 40 ppm (46 mg/m3)

(e)  Nitrogen Dioxide.  Measured by continuous analyzer, or equivalent.
        24-hour average, 0.40 ppm (750/ug/m3)
        1-hour average 1.60 ppm (3000/jg/m3)

(f)  Photochemical Oxidants.  Measured by continuous chemi luminescent
     analyzer, or equivalent.
        1-hour average, 0.60 ppm (1200 /jg/m3)

2.3.7  Termination

(a)  The status reached by application of the Episode Criteria of this
     part shall remain in effect until the criteria for that level is
     no longer met.  At such time, the next lower status will be assumed
     and such changes declared by the Health Officer:  Specifically:
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              (1)  When ambient contaminant concentrations  fall  below the  critical
                   levels for the stage,  and a downward trend  of concentrations
                   is established; and

              (2)  When meteorological conditions  that  attended  the  high
                   concentrations are no  longer called  for  in  official weather
                   predictions.

         (b)   A public declaration will  take on one of  the  following forms.

              (1)  Terminate  "Emergency Status", resume "Warning  Status" or
                   "Alert Status":  whichever is appropriate.

              (2)  Terminate  "Warning Status", resume "Alert Status" or
                   appropriate stage.

              (3)  Terminate  "Episode Status".

         (c)   Upon termination of an "Episode Status",  the  Air Pollution Control
              Program will  remain on internal "Episode  Watch"  until  a return  to
              normal  operation is announced by the Health Officer.

         2.3.8  Status Declaration Authority

         The  Health Officer,  or his specific designee,  shall have the authority
         to make an announcement of internal Episode Watch, and  public declarations
         of Alert,  Warning  and Emergency  Status.

(8.0)  i   2.4   Special Episode Criteria

         2.4.1

         The  Health Officer shall have the authority to declare  episodic con-
         ditions when the atmospheric concentration of  a single  contaminant or
         that of a specific locality within the County  show elevated concentrations.

         2.4.2  Specific Pollutant Situation

         When concentrations  of one or two contaminants reach  or exceed  the defined
         criteria levels, and concentration of other contaminants remain substan-
         tially below 50 percent of Alert levels,  and meteorological conditions
         are  such that these  specific contaminant  concentrations can be  expected
         to remain at the above levels for 12 hours or  more or increase  unless
         control action is  taken, a Specific Alert, Warning, or  Emergency  Status
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         shall  be  declared  by  the  Health  Officer,  naming  the contaminants that
         meet the  respective criteria.   In  such  instances when two such contami-
         nants  meet  different  criteria,  the Health Officer shall declare the
         status for  the  episode  having the  higher  level,  and that an Episode
         Watch  is  being  maintained on the remaining  contaminants.

         2.4.3   Specific Locality  Situation

         The Health  Officer shall, when  high concentrations of one or more
         contaminants  measured at  one monitoring site  and not others and the
         effect is judged to originate from an  identifiable source near the given
         site,  shall  declare the appropriate local Alert, Warning, or Emergency
         Status for  the  delineated area  and that an  Episode Watch is in effect
         for any remaining  portion of the jurisdictional  area while meteorological
         conditions  favor the  maintenance or increase  of  said high concentration
         for at least 12 hours or  more unless control  action is  taken.

(8.0)     2.5  Emission Reduction Plans

         Upon declaring  an  Episode Watch, Alert, Warning, or Emergency, the
         Health Officer shall  order persons responsible for the  operation of
         a source  of air contaminants causing or contributing to such Episode
         to take the general measures outlined  in  the  Emergency  Episode Plan For
         The State Of Alabama  (dated November 1971,  prepared by  TRW, Inc.) or
         revision  thereof,  as  he deems appropriate,  in addition  to all specific
         source curtailments  designated  by  him.

(8.0)     2.6  Two  Contaminant  Episode

         The Health  Officer shall  declare an Alert,  Warning, or  Emergency Status
         specific  for two contaminants when the ambient concentrations of two
         contaminants simultaneously reach  or exceed their  respective Episode
         Criteria  of this Chapter  and meteorological conditions  are  such  that
         contaminant concentrations can  be  expected  to remain at those criteria
         levels for  12 or more hours or  increase unless control  actions are
         taken.  When criteria levels  correspond to  different episode status
         for two contaminants, the Health Officer  shall declare  the  status of  the
         higher of the two.

(8.0)     2.7  General  Episodes

         The Health  Officer shall, in  the event tnat ambient  concentrations  of
         three or more contaminants simultaneously reach  or exceed  their
         respective  Episode Criteria and no improvement in  meteorological con-
         ditions is  forecast for the next 12 hours,  declare a General Alert,
         Warning,  or Emergency Status.   In  the  event the  criteria  levels
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          correspond to different statuses  for each contaminant,  the  Health
          Officer shall declare a general status  corresponding  to the highest
          individual status.

(8.0)      2.8  Emission Reduction Plan for  Local  Episodes

          2.8.1

          The Health Officer shall  specify  the area of the County affected when
          a Local Alert, Warning or Emergency Status is declared, or  when  an
          Accidental Episode for Common contaminants occurs,  based upon air
          quality and meteorological  reports  and  predictions.

          2.8.2

          When the Health Officer declares  such a local episode,  any  person
          responsible for the operation from  which excess  emissions result, shall
          shut down such an operation and make repairs or  alter the process as
          required by the Health Officer to restore normal  operations.

          2.8.3

          When the Health Officer declares  that a Local Alert,  Warning, or
          Emergency Status is in effect for a delineated area,  corresponding
          General Measures shall be applied as detailed in Part 2.5,  depending
          upon which contaminants(s)  is/are being emitted  in  excess.

 (8.0)    2.9  Emission Reduction Plans for Other Sources

          2.9.1

          Any person responsible for the operation of a source  of air contaminants
          as determined by the Health Officer shall prepare standby plans  for
          reducing the emissions of air contaminants during.oeriods of an  Eoisode
          Alert, Warning, and Emergency. Standby plans shall  be designed  to  reduce
          or eliminate emissions of air contaminants in accordance with the
          objectives set forth in Part 2.5.

          2.9.2

          Any person responsible for the operation of a source  of air contaminants
          not designated by the Health Officer shall when  requested by the Health
          Officer in writing, prepare standby plans for reducing the  emission  of
          air contaminants .during periods  of  Episode Alert, Warning,  and Emergency.
          Standby plans shall be designed to  reduce or eliminate emissions of air
          contaminants in accordance with  the objectives set forth in Part 2.5.
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2.9.3

Standby plans as required under Section 2.9.1 shall be in writing and
identify the sources of air contaminants, the amount of reduction of
contaminants and a brief description of the manner in which reduction
will be achieved during Episodes of Alert, Warning, and Emergency.

2.9.4

During Episodes of Alert, Warning, and Emergency Status, standby plans
as required by this Chapter shall be made available on the premises to
any person authorized to enforce the provisions of applicable rules
and regulations.

2.9.5-
Standby plans as required by these rules and regulations shall be
submitted to the Health Officer upon request within 30 days of the re-
ceipt of such request; such standby plans shall be subject to review
and approval by the Health Officer.  If in the opinion of the Health
Officer, a standby plan does not effectively carry out the objectives
as set forth in these rules ar '  regulations, the Health Officer may
disapprove it, state the reast.   .or disapproval and order the preparation
of an amended standby plan within the time period specified in the order.
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(3-0)                                 CHAPTER  3  —  PERMITS

(3.0)      3.1   Permits  Required

          3.1.1   Permit to Construct

          Any  person building,  erecting,  altering  or  replacing  any  article, machine,
          equipment or  other contrivance,  the use  of  which may  cause  the  issuance
          of or an increase in  the issuance of  air contaminants  or  the  use of which
          may  eliminate or reduce or control  the issuance of  air contaminants,
          shall  first obtain authorization for  such construction from the Health
          Officer in the form of a Permit to  Construct.  A Permit to  Construct
          shall  remain  in effect until  the Permit  to  Operate  the equipment for
          which the application was filed is  granted  or  denied  or the application
          is cancelled.

          3.1.2  Permit to Operate

          (a)   Before any article, machine, equipment or other  contrivance described
               in Section 3.1.1 may be  operated or used, a written  permit shall
               be obtained from the Health Officer.   No  permit  to Operate shall
               be granted for any article, machine, equipment,  or contrivance des-
               cribed in Section 3.1.1, constructed or installed without  authoriza-
               tion as  required by section 3.1.1,  until  the information required
               is presented to  the Health Officer  and such article, machine, equip-
               ment or  contrivance is altered,  if  necessary,  and made to  conform
               to the standards established by  the Board.

          (b)   Any article, machine, equipment  or  other  contrivance described in
               Section  3.1.1  which is presently operating (or which is  not presently
               operating but which is capable of being operated) without  a Permit
               to Operate, may  continue to operate (or may restart) only  if its
               owner or operator obtains  a Permit  to  Operate  prior  to a date to
               be set by the Health Officer ( or prior to restarting).

          (c)   The Health Officer shall have  the authority to decide  cases, where
               an article, machine, equipment or other contrivance  is not clearly
               subject  to nor exempt from the application of  this chapter.  In
               addition, the Health Officer may rule  that a particular  article,
               machine,  equipment or other contrivance is subject to  the  appli-
               cation of this chapter even though  it  is  exempt  from the system
               according to Part 3.1 and  3.2  of this  chapter.   The  operator or
               builder  of such  an article, machine, equipment or other  contrivance
               may appeal the Health Officer's  classification to the  Board which
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              overrule the Health Officer onlv if it is shown that he
              arbitrarily and contrary to the purpose  of the  Act  and  these
              regulations.

         3.1.3  Display of Permit to Operate

         A person who has been granted a Permit to Operate any article,  machine
         equipment,  or other contrivance shall  keep such permit under file  or
         on display  at all  times at the site where the article, machine, equip-
         ment, or other contrivance is located and will  ma-ke  such a permit
         readily available for inspection by any and all persons  who  may request
         to see it.
(2.0)     3.2  Exemptions
         From time to time the Health Officer may specify certain  classes  or
         sizes of articles,  machines, equipment,  or other contrivances  which
         would normally be subject to the requirement to obtain Permits to Operate
         or Construct, as being exempt from the requirement to obtain such per-
         mits.  Exempt sources are subject in every other way to these  rules and
         regulations.

(3.0)     3^3  Transfer

         A Permit to Construct or Operate shall not be transferable whether by
         operation of law or otherwise, either from one location to another,
         from one piece of equipment to another,  or from one person to  another.

(3.0)     3.4  Applications

         Every application for a Permit to Construct or Operate required under
         Part 3.1 shall be filed in the manner and form prescribed by the  Health
         Officer and shall give all the information necessary to enable the
         Health Officer to make the determination required by Part 3.8 of  this
         Chapter.

(3.0)     3.5  Cancellation of Applications

         A Permit to Construct shall expire and the application shall be cancelled
         two years from the date of issuance of the Permit to Construct if the
         construction has not begun.

(3.0)     3.6  Action on Application

         The Health Officer shall act, within a reasonable time, on an  application
         for Permit to Construct, Permit to Operate and shall notify the applicant
         in writing of its approval or denial or conditional approval.
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(9.0)      3.7  Provision of Sampling  and  Testing  Facilities

          A person operating or using any article, machine,  equipment or other
          contrivance for which these rules  and regulations  require a permit
          shall  provide and maintain  such sampling and  testing  facilities as
          specified in the Permit to  Construct or Permit  to  Operate.

(3.0)      3.8  Standards for Granting Permits

          3.8.1

          The Health Officer shall  deny a permit  except as provided by  Part 3.9,
          if the applicant does not show  that every  article, machine, equipment
          or other contrivance, the use of which  may cause the  issuance of air
          contaminants, is so designed, controlled,  or  equipped with such air
          pollution control equipment, that  it may be expected  to  operate with-
          out emitting or without causing to be emitted air  contaminants in
          violation of these rules  and regulations.

          3.8.2

          The Health Officer shall  deny a permit  if  the applicant  does  not present
          in writing, a plan whereby  the  emission of air  contaminants by every
          article, machine, equipment, or other contrivance  described in the
          permit application, will  be reduced during periods of an Air  Pollution
          Alert, Air Pollution Warning, and  Air Pollution Emergency in  accordance
          with the provisions of Chapter  2.

          3.8.3

          Before a Permit to Construct or Permit  to  Operate  is  granted, the Health
          Officer may require the applicant  to provide  and maintain such
          facilities as are necessary for sampling and  testing  purposes in order
          to secure information that  will disclose the  nature,  extent,  quantity
          or degree of air contaminants discharged into the  atmosphere  from the
          article, machine, equipment or  other contrivance described in the
          Permit to Construct or Permit to Operate.   In the  event  of such a
          requirement, the Health Officer shall notify  the applicant in writing
          of the required size, number and location  of  the sampling platform;
          the access to the sampling  platform; and the  utilities  for operating
          the sampling and testing  equipment.

          3.8.4

          The Health Officer may also require  the applicant  to  install, use and
         .maintain such monitoring equipment or methods;   sample  such emission  in
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         accordance with  such methods, at such locations, intervals and procedures
         as may  be specified; and provide such information as the Health Officer
         may  require.

         3.8.5

         Before  acting on an application for Permit to Construct or Permit to
         Operate, the Health Officer may require the applicant to furnish
         further information or  further plans or specifications.

         3.8.6

         In acting upon a Permit to Operate, if the Health Officer finds that the
         article, machine,  equipment or other contrivance has been constructed
         not  in  accordance  with  the Permit  to Construct, and if the changes noted
         are  of  a substantial nature in that the amount of air contaminants
         emitted by the article, machine, equipment or other contrivance may be
         increased, or in that effect  is unknown,  then he shall deny the Permit
         to Operate.  The Health Officer shall not accept any further application
         for  a Permit to  Operate until the  article, machine, equipment or other
         contrivance has  been reconstructed in accordance with the Permit to
         Construct, or until the applicant  has proven to the satisfaction of the
         Health  Officer that the change will not cause an increase in the
         emission of air  contaminants.

         3.8.7
         The  Health  Officer shall  deny  a  Permit  to  Construct where  he determines
         that the construction  and operation  of  such  source will  interfere with
         attaining or maintaining  any primary or secondary standard established
         by Section  1.7.1  or will  allow significant deterioration of existing
         air  quality.

         3.8.8-

         In granting any Permit to Operate,  the  Health  Officer  may  allow, as a
         condition of such permit, for  the intermittent discharge of air
         contaminants.   During  start up,  shut down, rate change or  load  change,
         in excess of the limitations specified  in  these rules  and  regulations
         where he finds that because of the  nature  of the source  there is no
         practicable alternative.

(3.0)     3.9   Conditional  Permit

         3.9.1

         The  Health  Officer may issue a Permit to Construct or  a  Permit  to
         Operate subject to conditions  which  will bring the operation of any
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article, machine, equipment or other contrivance within the standards
of Part 3.8, in which case the conditions shall  be specified in writing.
Commencing work under such a Permit to Construct or operating under such
a Permit to Operate shall be deemed acceptance of all  the conditions
specified.  The Health Officer shall issue a Permit to Construct or a
Permit to Operate with revised conditions upon receipt of a new
application, if the applicant demonstrates that the article, machine,
equipment or other contrivance can operate within the  standards of Part
3.8 under the revised conditions.

3.9.2

A Conditional Permit may allow an article, machine, equipment or other
contrivance to be operated in violation of the conditions of Part 3.8
if one of the conditions of the permit is a definite schedule by which
the article, machine, equipment, or contrivance may attain the conditions
of Part 3.8 and be granted a Permit to Operate,  and if the schedule
provides attaining the conditions of Part 3.8 at the earliest possible
date, and is approved by the Health Officer.  A Conditional Permit will
be revoked if the applicant does not submit progress reports to the Health
Officer according to the schedule established by the Conditional Permit.
The Health Officer may further revoke the Conditional  Permit if the pro-
gress reports do not show satisfactory progress  as specified by the terms
of the Conditional Permit or if the progress reports are found to be
inaccurate.

3.9.3

A Conditional Permit that allows any new article, machine, equipment or
contrivance to operate in violation of the requirements of Part 3.8 may
not be granted for a period of time greater than one year, including
all renewals.

3.9.4

No Conditional Permit issued under this part for any existing article,
machine, equipment or contrivance may be granted for a period of time
longer than the greater of the following periods:

(a)  The period from the granting of the permit to a date three years
     after the date of initial adoption of an applicable rule or
     regulation.

(b)  The period from the granting of the permit to a date three years
     after the date the Administrator of the U.S. Environmental Protec-
     tion Agency approves, in accordance with Section 110 of the Federal
     Act, such applicable rule or regulation as a part of an imple-
     mentation plan (or any revision thereof).
                                    -224-

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(3.0)      3.10  Temporary Permit to Operate

          3.10.1

          Upon application for a Permit to Operate by a new facility,  the  Health
          Officer shall,  within a reasonable period of time,  dispatch  an  in-
          spector to the  facility in question.   If the inspector determines  that
          the facility has been constructed according to the specifications  as
          set forth under the Permit to Construct, or else that any changes  to  the
          facility would  reduce or effect to an unsubstantial  degree that
          quantity of air contaminants emitted by the facility, and if the re-
          viewing officer agrees with this conclusion, then the Health Officer
          shall  issue a temporary Permit to Operate which will  remain  in  force
          until  an official inspection of the facility under actual operating
          conditions can  be made and the results reviewed, or until the Tempo-
          rary Permit is  suspended or revoked by the Health Officer.   The  Health
          Officer may issue a Temporary Permit to Operate without an inspection
          if the applicant fulfills the requirements of Section 3.10.2 and 3.10.3
          of this part.

          3.10.2

          The application for a Permit to Construct is filled out and  counter-
          signed by a Professional Engineer familiar with air pollution control
          as it relates to the equipment under application.

          3.10.3

          Upon completion of the construction, a Professional  Engineer familiar
          with the Permit to Construct submits a letter to the Health  Officer,
          signed and sealed with his Professional stamp, testifying that  the
          construction under application has been completed and is in  accordance
          with the specifications as set down in the Permit to Construct.   The
          Health Officer is empowered to reject the testimony of the Professional
          Engineer if the Health Officer decides that the Professional Engineer's
          qualifications  are  insufficient  to allow  him  to  accurately  and com-
          pletely assess  the equipment in question.  A Professional Engineer may
          appeal any such judgment to the Board.

 (3.0)  '  3.11  Denial of Application

          In the event of denial of a Permit to Construct or Permit to Operate,
          the Health Officer shall notify the applicant in writing of  the reasons
          therefor.  Service of this notification may be made in person or by
          mail,  and such  service may be proved by the written acknowledgement of
                                              -225-

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           the persons served or affidavit of the person making the service.
           The Health Officer shall  not accept a further application unless  the
           applicant has complied with the objections specified by the Health
           Officer as his reasons for denial  of the Permit to Construct or the
           Permit to Operate.
(2.0)       3.12  Appeals
           Within 10 days after notice by the Health Officer of denial  or con-
           ditional  approval  of a Permit to Construct or Permit to Operate,  the
           applicant may petition the Board, in writing, for a review.   The  Board
           may sustain or reverse the action of the Health Officer; such order
           may be made subject to specified conditions.
(3.0)       3.13
           The holder of a Permit under this chapter shall  comply with conditions
           contained in such Permit as well  as all  applicable provisions of these
           rules and regulations except when violations are specifically allowed
           in accordance with a Conditional  Permit issued under Part 3.9.
                                              -226-

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(5.0)                               CHAPTER 4 —  VARIANCES

(5.0)     4.1   Granting of Variances

         4.1.1

         The Board may grant individual  variances  beyond the limitations  pre-
         scribed in the Act or these regulations,  whenever it is  found, upon
         presentation of adequate proof, that compliance with any rule or regu-
         lation, requirement or order of the Board or Health Officer would impose
         serious hardship without equal  or greater benefits to the public, and
         the emissions occurring or proposed to  occur do not endanger or  tend  to
         endanger human health or safety, human  comfort, and aesthetic values.
         In granting or denying a variance the Board shall file and publish a
         written opinion stating the facts and reasons leading to its decision.

         4.1.2

         In granting a variance the Board may impose such conditions as the
         policies of the Act and these regulations may require.  If the hard-
         ship complained of consists solely of the need for a reasonable  delay
         in which to correct a violation of the  Act or of the Board's regulations,
         the Board shall condition the granting of such variance upon the posting
         of sufficient performance bond or other security to assure the correc-
         tion of such violation within the time prescribed.

         4.1.3

         Any variance granted pursuant to the provisions of this section shall be
         granted for such period of time, not exceeding one year, as shall be
         specified by the Board at the time of the grant of such variance, and upon
         the condition, that the person who receives such variance shall  make such
         periodic progress reports as the Board shall specify.  Such variance may
         be extended from year to year by affirmative action of the Board, but
         only if satisfactory progress has been shown.

         4.1.4

         Any person seeking a variance shall do so by filing a petition for
         variance with the Board, which shall promptly give notice of such petition
         in a newspaper of general circulation in the county in which the instal-
         lation or property for which variance sought is  located.  The Health
         Officer shall promptly investigate such petition, consider the views of
         persons who might be adversely affected by the grant of a variance and
         make a recommendation to the Board as to the disposition of the  petition.
         If the Board, in its discretion, concludes that  a hearing would  be advis-
         able, or if any person files a written objection to the grant for such
         variance within 21 days, then a  hearing shall be held under the  rules
                                             -227-

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       .  prescribed in Section  13(b)  of the  Alabama  Air  Pollution  Control Act
         of 1971  (Act No.  769,  Regular  Session,  1971), and  the  burden of  proof
         shall  be on the petitioner.

         4.1.5

         If the Board fails  to  take  final  action upon a  variance request  within
         90 days  after the filing  of the petition, the petitioner  may deem the
         request  denied.

         4.1.6

         A variance or renewal  shall  not be  a  right  of the  applicant or holder
         thereof, but shall  be  in  the discretion of  the  Board;  however, any  person
         adversely affected  by  a variance or renewal granted  by the Board may ob-
         tain judicial review by filing notice of appeal  with the  Registrar  in
         Chancery of the Circuit Court  in Equity in  the  county  where the  pollution
         source is located within  twenty days  from the action of the Board thereon.
         The case shall  be heard by  the Court  under  the  same  rules and with  the
         same requirements as a petition for injunction  would be heard.   On  appeal,
         the Circuit Court shall grant  said  variance if  it  finds that the Board
         acted  arbitrarily and  capriciously  unless it finds the operation or the
         air contamination source  in the manner  allowed  in  the  variance would
         amount to a private or public  nuisance.

(2.0)     4.2 Petition Procedures

         4;2.1

         Any person subject to  any rule or regulation, requirement or order, may
         petition the Board  for a  variance from  the  application thereof,  as  pre-
         scribed  by the Act  or  these regulations.  A petition for  a variance must
         state  the following:

         (a) The name, address and  telephone number of  the petitioner, or other
              person authorized to receive service of notices.

         (b) Whether the petitioner is an individual, partnership, corporation
             or other entity,  and names and addresses of the officers, if a
             corporation, and  names and addresses of ther  persons in control,
              if other entity.

         (c) The type of business or activity involved  in  the  application and  the
              street adress at  which it is conducted.

         (d)  A brief description  of the article, machine,  equipment or other
              contrivance, if any  involved in the petition.
                                             -228-

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         (e)   The  signature  of  the  petitioner, or  that of some person on his
              behalf,  and  where the person  signing is not the petitioner, the
              authority to sign.

         (f)   The  rule or  regulation,  requirement  or order complained from which
              a  variance is  requested.

         (g)   The  facts showing why compliance with such rule or regulation, re-
              quirement or order would impose serious hardship on the petitioner
              or any other person or persons without equal or greater benefits to
              the  public.

         (h)   The  facts showing why the emissions  occurring  or proposed to occur
              do not endanger or tend to endanger  human health or safety, human
              comfort, and aesthetic values.

         (i)   For  what period of time the variance is sought and why.

         (j)   Provisions of  the rule or regulation, requirement or  order which
              the  petitioner can meet and the date when petitioner  can comply
              with such provisions.

         (k)   Whether  or not any case involving  the same identical  equipment or
              process  identified in paragraph  (d)  is pending in any court, civil
              or criminal.

         4.2.2

         All  petitions shall be typewritten, double spaced,  on legal or letter
         size paper, on one  side of the paper only.

(2.0)     4.3   Failure  to Comply with Procedures

         4.3.1

         The  Health Officer  shall not accept  for filing, any petition which  does
         not  comply with these  rules and regulations relating  to  the form, filing
         and  service of petitions unless the  Chairman or any two  members of  the
         Board direct  otherwise and confirm such direction  in  writing.  Such
         direction need not  be  made at a meeting of the Board.

         4.3.2

         The  Chairman  or any two members, without a meeting, may  require  the
         petitioner to state further facts  or  reframe a petition  so as  to  disclose
         clearly the issues  involved.
                                             -229-

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 (2.0)    4.4  Objection Procedures

         4.4.1

         A person may file a written objection to the grant of a variance within
         21 days from initial advertised notice and thus insure that public hear-
         ing will be held, according to Section 4.1.4 of this Chapter.  An objec-
         tion to the grant of a variance must state:

         (a)  -The objector's name, address, and telephone number.

         (b)  Whether the objector is an individual, partnership, corporation or
              other entity, and names and addresses of the partners if a partner-
              ship, names and addresses of the officers of a corporation, and the
              names and addresses of the persons in control if other entity.

         (c)  A specification of which petition for a variance is being objected
              to.

         (d)  A statement indicating why the objector believes that the variance
              should not be granted.

         4.4.2

         All  objections should be typewritten or carefully printed in ink on legal
         or letter size paper.

(16.0)    4.5  Rules and Evidence at Hearing

         4.5.1

         Each party shall have these rights; to call and examine witnesses; to
         introduce exhibits; to cross-examine opposing witnesses on any matter
         relevant to the issues even though that matter was not covered in  the
         direct examination; to impeach any witness regardless of which party
         first called him to testify; and  to rebut  the evidence against him.
         If a petitioner or objector does  not testify in his own behalf,  he may
         be called and  examined as  if under cross-examination.

         4.5.2

         The  hearing need not be conducted according to technical rules relating
         to evidence and witnesses.  Any  relevant evidence  shall be submitted  if
         it is  the sort of evidence on which responsible persons are  accustomed
         to rely  in the conduct of  serious affairs, regardless of the existence
         of any  common  law or statutory  rule which  might make  improper  the  admis-
         sion of  such evidence over objection  in  civil actions.  Heresay  evidence
                                              -230-

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may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil  action.   The rules
of privilege shall be effective to the same extent that they are now or
hereafter may be recognized in civil action, and irrelevant and unduly
repetitious evidence shall be excluded.
                                    -231-

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(51.9)  (51.13)          CHAPTER 5 -- CONTROL  OF OPEN  BURNING AND  INCINERATION
  (51.13)    5.1  Open Burning
            No  person shall  ignite, cause to be ignited,  permit  to  be  ignited,  or
            maintain any open fire except as follows:
            5.1.1
            Open fires for the cooking of food for human  consumption on  other  than
            commercial premises;
            5.1.2
            Fires for recreational or ceremonial  purposes;
            5.1.3
            Fires to abate a fire hazard, providing  the hazard is so declared  by
            the fire department or fire district having jurisdiction;
            5.1.4
            Fires for the prevention or control  of disease  or pests;
            5.1.5
            Fires for training personnel  in  the methods of  fighting fires;
            5.1.6
            Fires for the disposal of dangerous materials,  where there is  no prac-
            tical alternate method of disposal, and  burning is approved  by  the
            Health Officer.
            5.1.7
            Fires set for recognized agricultural, silviculture!, range  and wildlife
            management practices.
            5.1.8
            Fires set in salamanders or other devices  used  by construction  or  other
            workers for heating purposes;
            5.1.9
            Fires for the burning of trees,  brush, grass, and other vegetable  matter
            in  the clearing and maintenance  of rights-of-way if  such  burning  is done
            by  the air-curtain incinerator method, properly constructed  and main-
            tained, or an equivalent method  specifically approved by  the Health Officer.
                                                -232-

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         5.1.10

         Open fires specifically or expressly approved  by  the  Health  Officer.

(51.9)    5.2  Incinerators

         5.2.1

         Incinerators shall  be designed and operated in such manner as  is  neces-
         sary to prevent the emission of objectionable  odors.

         5.2.2

         No person shall cause or permit to be emitted  into the open  air from
         any incinerator, particulate matter in the exhaust gases  to  exceed
         0.20 pounds per 100 pounds of refuse charged;  provided that:  for incin-
         erators of more than 50 tons per day charging  rate, particulate matter in
         the exhaust gases may not exceed 0.10 pounds per  100  pounds  of refuse
         charged.

         5.2.3
         Emission tests shall  be conducted at maximum burning capacity of the
         incinerator.

         5.2.4

         The burning capacity of an incinerator shall be the manufacturer's or
         designer's guaranteed maximum rate or such rate as may be determined by
         the Health Officer in accordance with good engineering practices.  In
         case of conflict, the determination made by the Health Officer shall
         govern.

         5.2.5

         For the purposes of this Part, the total of the capacities of all fur-
         naces within one system shall be considered as the incinerator capacity.

(51.9)   5.3  Incineration of Wood, Peanut and Cotton Ginning Wastes

         5.3.1

         No person shall cause or permit to be emitted into the open air from any
         incinerator which incinerates  wood, peanut or cotton ginning wastes,
         particulate matter in the exhaust gases to exceed 0.40 pounds per 100
         pounds of material charged.
                                             -233-

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5.3.2

Emission tests shall be conducted at maximum burning capacity of the
incinerator.

5.3.3

The burning capacity of an incinerator shall be the manufacturer1s or
desginer's guaranteed maximum rate or such other rate as may be deter-
mined by the Health Officer in accordance with good engineering practices.
In case of conflict, the determination made by the Health Officer shall
govern.

5.3.4

For the purpose of this Part, the total of the capacities of all furnaces
within one system shall be considered as the incinerator capacity.

5.3.5

Each incinerator subject to this Part shall be properly designed,
equipped, and maintained for its maximum burning capacity, and shall be
equipped with a temperature recorder  which shall be operated continuously
with the incinerator and the temperature records shall be made available
for inspection at the request of the Health Officer, and shall either:

(a)  Be equipped with an underfire forced air system, which shall be
     electronically controlled to insure the optimum temperature range
     for the complete combustion of the amount and type of material
     waste being charged into the incinerator; and a variable damper; or

(b)  Consist of an all metal shell with refractory lining, circular fur-
     nace, and a built-in cinder catching system for either re burning
     or other disposition; all primary combustion air shall be supplied
     under pressure through nozzle openings located around the perimeter
     of the lower furnace; over-fire air shall be provided under pressure
     through ports which shall be directed downward and tangentially in
     the the same direction as the primary air; cinder collection shall
     be accomplished by the provision of openings through the shell lo-
     cated above the furnace section.
                                    -234-

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  (50.1)                   CHAPTER 6  ~  CONTROL  OF  PARTICULATE  EMISSIONS

(50.1.2)    6.1   Visible Emissions

           6.1.1    Visible Emissions Restrictions  for  Stationary  Sources

           (a)   No person shall  discharge into  the atmosphere  from  any single  source
                of emission whatsoever  any air  contaminant  of  a shade or  density
                darker than that designated as  No. 1 on  the Ringlemann chart or
                20 percent opacity.

           (b)   A person may discharge  into the atmosphere  from any single  source  of
                emission for a period or periods aggregating not  more than  three
                minutes in any 60 minutes air contaminants  of  a shade or  density not
                darker than that designated as  No. 3 on  the Ringlemann chart or
                60 percent opacity.

           (c)   The Health Officer may  approve  exceptions to this Section for  spe-
                cific sources which hold permits under Chapter 3; provided, however,
                such exceptions may be  made for startup, shutdown,  load change, and
                rate change or other short, intermittent periods  of time  upon  terms
                approved by the Health  Officer  and made  a part of such permit.

           (d)   The provisions of this  Section  shall  not apply to combustion  sources
                in single-family and duplex dwellings  where such  sources  are  used
                for heating or other domestic purposes.

           6.1.2   Reserved

           6.1.3   Uncombined Water

           Where the presence of uncombined water is  the only  reason for  failure  of
           an emission to meet the requirements of this Part,  such  sections shall
           not apply.

  (50.1)   6.2  Fugitive Dust

           6.2.1

           No person shall cause, suffer, allow, or permit any materials  to be
           handled, transported, or stored; or a building, its appurtenances,  or
           road to be used, constructed, altered,repaired or demolished  without
           taking reasonable precautions to prevent particulate matter from becoming
           airborne.  Such reasonable precautions shall  include,  but not  be limited
           to, the following:

           (a)  Use, where possible, of water or chemicals for control  of dust in the
                demolition of existing buildings or structures, construction opera-
                                               -235-

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              tions,  the  grading of  roads or the clearing of land;

         (b)   Application of  asphalt, oil, water, or suitable chemicals on dirt
              roads,  materials  stock piles, and other surfaces which create air-
              borne dusts;

         (c)   Installation  and  use of hoods, fans, and fabric filters (or other
              suitable  control  devices)  to enclose and vent the handling of dusty
              materials.   Adequate containment methods shall be employed during
              sandblasting  or other  similar operations.

         6.2.2   Visible  Emissions Restrictions Beyond Lot Line

         No  person  shall  cause  or permit the discharge of visible fugitive dust
         emissions  beyond the lot line of the property on which the emissions
         originate.

         6.2.3

         When  dust, fumes,  gases, mist,  odorous matter,  vapors, or any combination
         thereof escape from  a  building  or equipment in  such a manner and amount
         as  to cause  a  nuisance or to violate any rule or regulation, the Health
         Officer may  order that the  building or equipment in which processing,
         handling and storage are done be tightly closed and ventilated in such a
         way that all air and gases  and  air or gas-borne material leaving the
         building or  equipment  are treated by removal or destruction of air con-
         taminants  before discharge  to the open air.

(51.5)    6_.3  Fuel  Burning Equipment

         6.3.1

         No  person  shall  cause  or permit the emission of particulate matter from
         fuel-burning equipment in excess of the amount  shown  in Table 6-1 for the
         heat input allocated to such source.  Interpolation of the data  in
         Table 6-1  for heat input values between  10 million BTU/hour and  250 mil-
         lion BTU/hour shall  be accomplished by  the use  of  the equation:

                                      E=1.38H-°'44

         where:  E  =  Emissions  in Ib/million BTU

                 H  =  Heat Input in millions  of BTU/hour

         6.3.2

         For purposes of  this Part,  the  total  heat  input from  all  similar fuel
         combustion units which discharge particulate  matter  through a  common
         stack at a plant or premises  shall  be  used  for  determining  the  maximum
         allowable  emission of  particulate  matter.
                                             -236-

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         6.3.3

         New fuel-burning  sources  emitting  particulate matter shall be subject to
         the rules  and  regulations for Mobile County.

                                         TABLE  6-1

                 ALLOWABLE  PARTICULATE  MATTER EMISSION BASED ON HEAT INPUT

                                                         Allowable Emission
                     Heat  Input                             (Ib/million BTU)
                (millions  of BTU/hour)                      Mobile County

                          1.                                      .5
                         10.                                      .5
                         20.                                      .37
                         40.                                      .27
                         60.                                      .23
                         80.                                      .20
                        100.                                      .18
                        150.                                      .15
                        200.                                      .13
                        250.                                      .12
                  1,000,000.                                      .12

(50.1.1)  6.4  Process Industries - General

         6.4.1

         No person  shall  cause or permit the emission of  particulate matter  in
         any one hour from any source in Mobile  County  in excess of the  amount
         shown  in Table 6-2 for the process weight per  hour allocated to such
         source.  For sources in Mobile  County,  interpolation of the data  in
         Table  6-2  for the process weight per hour values up  to 60,000 Ibs/hour
         shall  be accomplished by use of the equation:

                          E = 3.59 P°'62          P< 30 tons/hour

         and interpolation and extrapolation of  the data  for  process weight  per
         hour values equal to or in excess  of 60,000 Ibs/hour shall be accomplished
         by use of the equation:

                          E = 17.31 P°'16         P>30 tons/hour

         where:   E = Emissions in pounds per hour

                  P = Process weight per hour in tons  per hour
                                             -237-

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6.4.2

Where the nature of any process or operation or the design of any equip-
ment is such as to permit more than one interpretation of this Part, the
interpretation that results in the minimum value for allowable emission
shall apply.

6.4.3

For purposes of this Part, the total process weight from all  similar pro-
cess units at a plant or premises shall be used for determining the maxi-
mum allowable emission of particulate matter that passes through a stack
or stacks.

6.4.4

New sources subject to this Part, emitting particulate matter shall be
subject to the rules and regulations for Mobile County.

                                 TABLE 6-2

     ALLOWABLE PARTICULATE MATTER EMISSION BASED ON PROCESS WEIGHT RATE
                                          Allowable Emission Rate (Ib/hr)
                                          	Mobile County	

                                                        0.56
                  Process Weight Rate
                        (Ib/hr)	

                             100
                             500
                           1,000
                           5,000
                          10,000
                          20,000
                          60,000
                          80,000
                         120,000
                         160,000
                         200,000
                       1,000,000

(51.21)    6.5  Small  Foundry Cupola

          6.5.1

          No person shall cause  or permit the emission of particulate matter in any
          one hour from any small  foundry cupola source in excess of the amount
          shown in Table 6-3 for the process weight per hour allocated to such source.
                                                        1.52
                                                        2.34
                                                        6.33
                                                        9.76
                                                       14.97
                                                       29.83
                                                       31.23
                                                       33.33
                                                       34.90
                                                       36.17
                                                       46.79
                                    -238-

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6.5.2

Where the nature of any process or operation or the desgin of any equip-
ment is such as to permit more than one interpretation of this Part,  the
the interpretation that results in the minimum value for allowable emis-
sion shall apply.

6.5.3

For purposes of this Part, the total process weight from all  similar
process units at a plant or premises shall be used for determining the
maximum allowable emission of particulate matter that passes  through a
stack or stacks.

6.5.4

Foundry cupolas with a process weight rate greater than 50,000 pounds per
hour shall be subject to the rules and regulations of Part 6.4.

                                 TABLE 6-3

                   ALLOWABLE PARTICULATE MATTER EMISSION
          BASED ON PROCESS WEIGHT RATE FOR SAMLL FOUNDRY CUPOLAS

            Process Weight                   Allowable Emission Rate
                 (Ib/hr)                      	(Ib/hr)	

                 1,000                                3.05
                 2,000                                4.70
                 3,000                                6.35
                 4,000                                8.00
                 5,000                                9.58
                 6,000                               11.30
                 7,000                               12.90
                 8,000                               14.30
                 9,000                               15.50
                 10,000                               16.65
                 12,000                               18.70
                 16,000                               21.60
                 18,000                               23.40
                 20,000                               25.10
                 30,000                               31.30
                 40,000                               37.00
                 50,000                               42.40
                                     -239-

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(51.14)    6.6  Kraft Pulp Mills

          6.6.1    Applicability

          This Part applies to manufacturing facilities  for the  pulping  of wood
          and the preparation and recovery of associated chemicals  by  the  kraft
          process, including combined recovery systems  serving other processes such
          as neutral sulfite pulping.

          6.6.2

          No person shall cause or permit the emission  of particulate  matter  from
          any kraft pulp mill in excess of the amounts  provided  as  follows:

          (a)  From all  recovery furnaces, not more than 4.0 pounds per  ton of pulp.

          (b)  From all  smelt dissolver vents, not more  than 0.5 pounds  per ton  of
               pulp.

          (c)  From all  lime kilns, not more than 1.0 pounds per ton of  pulp.

          6.6.3

          The pulp production rates for kraft mills referred to  in  this  Part  shall
          be tons of unbleached air-dried kraft pulp.

          6.6.4

          Not withstanding the specific limits set forth in this Part, in  order  to
          maintain the lowest possible emission of air contaminants, the highest and
          best practicable treatment and control for particulate matter  currently
          available shall be provided for new kraft pulp mills.

(51.20)    6.7  Wood Waste Boilers

          6.7.1    Applicability

          This part applies to boilers and other indirect heat exchangers  using  not
          less than 30% wood wastes or wood by-products as fuel  measured by heat
          input.

          6.7.2

          No person shall cause or permit the emission of particulate  matter  from
          any existing wood waste boilers in excess of 0.30 grains  per standard  dry
          cubic foot adjusted to 50% excess air.  Provided that:  for  any existing
          wood waste boiler which must be modified in order to meet the  emission
          limitations of this part, no person shall cause or permit the emission of
          particulate in excess of:
                                              -240-

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(a)   0.17 grains per standard dry cubic foot, adjusted to 50% excess air,
     for combination gas and wood waste boilers.

(b)   0.20 grains per standard dry cubic foot, adjusted to 50% excess air,
     for combination oil and wood waste boilers.

(c)   0.23 grains per standard dry cubic foot, adjusted to 50% excess air,
     for combination coal  and wood waste boilers.

(d)   0.20 grains per standard dry cubic foot, adjusted to 50% excess air,
     for boilers using wood wastes only.
                                    -241-

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 (50.2)                CHAPTER 7 --  CONTROL OF SULFUR COMPOUND EMISSIONS

 (51.6)    7.1   Fuel  Combustion

          7.1.1

          No person  shall  cause or  permit the operation  of a  fuel  burning  instal-
          lation in  Mobile County in such a manner that  sulfur oxides, measured  as
          sulphur dioxide, are emitted in excess  of 1.2  pounds per million BTU
          heat input.

          7.1.2

          For  purposes of  this Part, the total  heat input from all  similar fuel
          combustion units at a plant or premise  shall be used for determining the
          maximum allowable emission of sulfur dioxide that passes through a  stack
          or stacks.

          7.1.3

          New  sources  emitting sulfur oxides, measured as sulfur  dioxide,  shall
          be subject to the regulations for Mobile County.

          7.1.4

          No person  shall  cause &*  permit the emission or combustion  of  any re-
          finery process gas stream that contains HpS in concentrations  greater
          than 150 ppm without removal of the hydrogen sulfide in excess of this
          concentration.

(51.18)    7.2   Sulfuric Acid Plants

          No person  shall  cause or  permit sulfur  dioxide tail gas emissions from
          sulfuric acid manufacturing plants to exceed 6.5 Ib/ton of  100 percent
          sulfuric acid procuded.  The tail gas acid mist emissions are  not to
          exceed 0.5 Ib/ton of sulfuric acid produced and the sulfur  trioxide emis-
        .  sions  are  not to exceed 0.2 Ib/ton of sulfuric acid produced.

(51.19)    7.3   Sulfur Recovery Plants

          7.3.1

          No person  shall  cause or  permit the sulfur oxide emission from any exist-
          ing  sulfur recovery plan  recovering sulfur from natural gas to exceed
          0.16 pounds  per  pound of  sulfur processed.
                                              -242-

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7.3.2

Except as provided by Section 7.3.1, no person shall  cause or permit the
sulfur oxide emission from a sulfur recovery plant to exceed 0.08 pounds
per pound of sulfur processed.
                                     -243-

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(50.4)                   CHAPTER  8  --  CONTROL OF HYDROCARBON EMISSIONS

(51  15)    8.1   Storage  of Volatile  Organic Materials

          8.1.1

          No person  shall  place,  store, or hold in any stationary tank, reservoir
          or other container  of more than 60,000 gallons capacity any volatile
          organic compounds unless  such tank, reservoir, or other container is a
          pressure tank capable of  maintaining working pressures sufficient at all
          times to prevent vapor  or gas loss to the atmosphere or is designed, and
          equipped with one of the  following vapor loss control devices:

          (a)   A floating roof, consisting of a pontoon type, double deck type
               roof  or  internal floating cover, 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.  This con-
               trol  equipment shall not be permitted if the volatile organic com-
               pounds have a  vapor  pressure of 11.0 pounds per square inch abso-
               lute  (568 mm Hg) or  greater under actual storage conditions.  All
               tank  gauging or sampling devices shall be gas-tight  except when
               tank  gauging or sampling is taking place.

          (b)   A vapor  recovery system, consisting of a vapor gathering system
               capable  of collecting the volatile organic  compound  vapors and
               gases discharged and a  vapor disposal system capable of proces-
               sing  such volatile organic vapors and gases so as to prevent
               their emission to  the atmosphere and with all tank gauging or
               sampling devices gas-tight except when gauging or sampling is
               taking place.

          (c)   Other equipment or means of equal efficiency for purposes of air
               pollution control  as may be approved by the Health Officer.

          (d)   No person shall place,  store, or hold in any new stationary stor-
               age vessel  of  more than 1,000-gallon capacity any volatile organic
               compound unless such vessel is equipped with a permanent submerged
               fill  pipe or is a  tank  a described above, or is fitted with a sys-
               tem as described above.  Existing stationary storage vessels shall
               employ portable submerged fill pipes or be  equipped  with permanent
               submerged fill pipes.

          B.I.2

          This  part  shall  not apply to crude petroleum produced, separated,
          treated or stored in the  field.
                                              -244-

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(51.16)   8.2  Volatile Organic Materials Loading Facilities

          8.2.1

          No person shall load any volatile organic compoun  into any tank truck,
          tanker, barge, marine vessel, or trailer from any terminal or bulk stor-
          age facility handling more than 50,000 gallons per day unless such ter-
          minal or facility is equipped with a vapor collection and disposal sys-
          tem, or its equivalent, properly installed, in good working order; or
          has in operation a loading system which will result in a 95 percent
          submerged fill either with submerged fill pipe or by loading from the
          bottom.

          8.2.2

          No person shall load any volatile organic compounds into any tank,
          truck, or trailer having a capacity in excess of 200 gallons, unless
          such loading facility is equipped as set forth in Section 8.2.1.
          Where the vapor collection and disposal system is utilized, the loading
          arm shall be equipped with a vapor collection adaptor, pneumatic,
          hydraulic, or other mechanical means which will provide a vapor-tight
          seal between the adaptor and the hatch.  A means shall be provided to
          prevent liquid organic compounds drainage from the loading device when
          it is removed from the hatch of any tank, truck, or trailer.  When
          loading is effected through means other than the hatches, all loading
          lines shall be equipped with fittings which make vapor-tight connections
          and which close automatically when disconnected.

          8.2.3

          This Part shall not apply to crude petroleum produced, separated, treated
          or stored in the field.

(51.16)   8-3  Volatile Organic Compound Water Separation

          8.3.1

          No person shall use any compartment of any  single or multiple compartment
          volatile organic compound water separator which receives effluent water
          containing 1,000 gallons a day or more of volatile organic compounds from
          processing, refining, treating storing or handling volatile organic com-
          pounds unless such compartment 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.
                                              -245-

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          (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 be  equipped with a closure
               seal or seals to close the space between  the roof edge and contain-
               er wall.   All gauging or sampling devices shall  be gas-tight except
               when gauging or sampling is taking place.

          (c)  A container equipped with a vapor recovery  system consisting of a
               vapor gathering system capable of collecting the hydrocarbon vapors
               and gases discharged and a vapor disposal system capable of proces-
               sing such hydrocarbon vapors and gases so as to  prevent their emis-
               sion to the atmosphere and with all container gauging and sampling
               devices gas-tight except when gauging or sampling is taking place.

          (d)  A container having other equipment of equal  efficiency for purposes
               of air pollution control as may be approved by the Health Officer.

(51  16)    8.4  Pumps and Compressors

          All pumps and compressors handling volatile organic compounds shall have
          mechanical seals or other equipment of equal efficiency for purposes of
          air pollution control as may be approved by the  Health Officer.

(51.21)    8.5  Waste Gas Disposal

          No person shall emit a waste gas stream from any ethylene producing
          plant into the atmosphere unless the waste gas stream is properly burned
          at 1,300  F for 0.3 seconds or greater in a direct-flame afterburner
          equipped with an indicating pyrometer which is positioned in the working
          area at the operator's eye level or an equally effective catalytic vapor
          incinerator also with pyrometer.

 (50.4)    8.6  Organic Solvents

          8.6.1

          A person shall not discharge more than 3 pounds  in any one hour or more
          than 15 pounds of organic materials in any one day into the atmosphere
          from any article, machine, equipment or other contrivance in which or-
          ganic solvent or any material containing organic solvent comes into con-
          tact with flame or is baked, heat-cured, or heat polymerized, in the
          presence of oxygen, unless said discharge has been reduced by at least
          85 percent.  Those portions of any series of articles, machines,equipment
          or other contrivances designed for processing a continuous web, strip or
          wire which emit organic materials and using operations described in this
          section shall  be collectively subject to compliance with this section.
                                              -246-

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8.6.2

A person shall not discharge into the atmosphere more than 40 pounds  of
organic materials in any one day, not more than 8 pounds  in any one  hour
from any article, machine, equipment or other contrivance used under  con-
ditions other than described in Section 8.6.1 for employing or applying
any photochemically reactive solvent, as defined in Section 1.3.37 or
material containing such photochemically reactive solvent unless said
discharge has been reduced.by at least 85 percent.  Emissions of organic
materials into the atmosphere resulting from air or heated drying of
products for the first 12 hours after their removal from  any article,
machine, equipment, or other contrivance described in this section shall
be included in determining compliance with this section.   Emissions
resulting from baking, heat curing, or heat-polymerizing  as described in
Section 8.6.1 shall be excluded from determination of compliance with
this section.  Those portions of any series of articles,  machines, equip-
ment or other contrivances designed for processing a continuous web,
strip, or wire which emit organic materials and using operations de-
scribed in this section shall be collectively subject to  compliance  with
this section.

8.6.3

Emissions of organic materials to the atmosphere from the cleanup with
photochemically reactive solvents, as defined in Section  1.3.37 of any
article, machine, equipment, or other contrivance described in Sections
8.6.1 or 8.6.2, shall be included with the other emissions of organic
materials from that article, machine, equipment, or other contrivance
for determining compliance with this rule.

8.6.4

Emissions of organic materials into the atmosphere required to be con-
trolled by Sections 8.6.1 and 8.6.2, shall be reduced by:

(a)  Incineration, provided that 90 percent or more of the carbon in
     the organic material being incinerated is oxidized to carbon
     dioxide, or

(b)  Adsorption, or

(c)  Processing  in a manner determined by the Health Officer to be not
     less effective than paragraphs  (a) or (b) above.

8.6.5

A person incinerating, adsorbing, or otherwise  processing organic
materials pursuant to this Part shall provide, properly install, and
maintain in calibration, in good working order and in operation, devices
                                    -247-

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as specified in the permit to operate, or as specified by the Health
Officer, for indicating temperatures,  pressures,  rates of flow,  or other
operating conditions necessary to determine the degree and effectiveness
of air pollution control.

8.6.6

Any person using organic solvents or any materials containing organic
solvents shall  supply the Health Officer, upon request and in the manner
and form prescribed by him, written evidence of the chemical  composition,
physical properties, and amount consumed for each organic solvent used.

8.6.7

The provisions  of this Part shall not apply to:

(a)  The manufacture of organic solvents, or the  transport or storage of
     organic solvents or materials containing organic solvents.

(b)  Paint spray booth installations.

(c)  The employment, application, evaporation or  drying of saturated
     halogenated hydrocarbons or organic compounds in which all  olefinic
     groups contain 3 or more hydrogen atoms.

(d)  The use of any material in any article, machine or equipment
     described in Section 8.6.1, 8.6.2, or 8.6.3, if:

     (1)  The volatile content of such material consists only of water
          and organic solvents, and

     (2)  The organic solvents comprise not more  than 20 percent of said
          volatile content, and

     (3)  The volatile content is not photochemically reactive as defined
          in Section 1.3.37.

(e)  Coatings applied to permanently located structures or surfaces.

8.6.8

Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
groups of organic compounds, as defined in Section 1.3.37, 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.
                                    -248-

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(51.21)    8.7  Disposal  and Evaporation of Solvents

          A person shall  not during any one day,  dispose of a total  of more than
          1.5 gallons of any photochemically reactive solvent,  as  defined in
          Section 1.3.37, or of any material containing more than  1.5 gallons  of
          any such photochemically reactive solvent  by any means which will permit
          the evaporation of such solvent into the atmosphere.
                                              -249-

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(50.5)                 CHAPTER 9 —  CONTROL  OF CARBON  MONOXIDE  EMISSIONS

         9.1

         No person shall  emit the carbon  monoxide  gases  generated  during  the
         operation of a grey iron cupola,  blast furnace,  or basic  oxygen  steel
         furnace unless they are burned at  1,300°F for 0.3  seconds  or  greater  in
         a direct flame afterburner or equivalent  device  equipped  with an indi-
         cating pyrometer which is  positioned in the  working area  at the  opera-
         tor's eye level.
         No person shall  emit carbon monoxide waste  gas  stream  from  any  catalyst
         regeneration of a petroleum cracking system,  petroleum fluid  coker,  or
         other petroleum process  into the atmosphere,  unless  the waste gas  stream
         is burned at 1,300°F for 0.3 seconds or greater in a direct- flame  after-
         burner or boiler equipped with an indicating  pyrometer which  is posi-
         tioned in the working area at the operator's  eye level.
                                             -250-

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 (50.3)                CHAPTER  10  —  CONTROL  OF  NITROGEN OXIDES EMISSIONS

 (51.7)    10.1    New Combustion Sources

          10.1.1

          No person  shall  cause or permit  emissions of nitrogen oxides from a new
          gas-fired  boiler with a capacity of 250 million BTU/hour or more in
          excess  of  0.20 pounds per  million  BTU of heat input per hour.

          10.1.2

          No person  shall  cause or permit  emissions of nitrogen oxides from a new
          oil-fired  boiler with a capacity of 250 million BTU/hour or more in
          excess  of  0.30 pounds per  million  BTU of heat input per hour.

          10.1.3

          No person  shall  cause or permit  the emission of nitrogen oxides from a
          new coal-fired boiler with a capacity of 250 million BTU/hour or more
          in excess  of 0.7 pounds per million BTU of  heat input per  hour.

          10.1.4

          For purposes of this Part, the  total  heat input from all similar fuel
          combustion units at  a plant or  premises shall be1used for  determining
          the maximum allowable emission  of  nitrogen  oxides that passes through
          stack or stacks.

(51.10)    10.2    Nitric Acid Manufacturing

          No person  shall  cause or permit  the emission of nitrogen oxides calcu-
          lated as nitrogen dioxide, from  nitric acid manufacturing  plants in
          excess  of  5.5 pounds per ton of  100 perdent acid  produced.
                                              -251-

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  (12.0)         CHAPTER 11 -- CONTROL OF EMISSIONS FROM MOTOR VEHICLES

  (12.0)    11.1   Visible  Emission Restrictions  for Motor  Vehicles
(50.1.2)
           11.1.1

           No person shall  cause  or permit  the emission  of visible  air  contaminants
           from gasoline-powered  motor vehicles,  operated  upon  any  street,  highway,
           or other public  place, for longer than 5 consecutive seconds.

           11.1.2

           No person shall  cause  or permit  the emission  of visible  air  contaminants
           from diesel-powered motor vehicles and other  movable sources,  of a  shade
           or density darker than 20 percent opacity for longer than  5  consecutive
           seconds.

           11.1.3   Uncombined Hater

           Where the presence  of  uncombined water is the only reason  for  failure
           of an emission  to meet the requirements of the  Part,  such  section shall
           not apply.

  (12.0)    11.2   Ignition  System and Engine Speed

           All 1968 and subsequent model  year gasoline-powered  motor  vehicles  shall
           be maintained so as to be in compliance with  the following requirements:

           11.2.1

           The number of revolutions per minute  of an engine while  operating at
           idle speed shall be in accordance with the specifications, and determined
           under conditions published by the manufacturer, but in no  case shall the
           idle speed be less  than the minimum  specified in such published specifi-
           cations.  Revolutions  per minute shall be tested for accuracy  and pre-
           cision at reasonable intervals.

           11.2.2

           Ignition timing of an  engine shall comply with  the published specifica-
           tions of the manufacturer as determined in accordance with procedures
           and conditions  specified by the  manufacturer.

           11.2.3

           All cylinders shall be firing.
                                               -252-

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(12.0)    11.3   Crankcase Ventilation  Systems

         The positive crankcase ventilation system on  all  1968  and  subsequent
         model  year gasoline-powered motor vehicles, except motorcycles  and  motor
         tricycles, and all  1969 and subsequent model  year gasoline-powered  motor
         vehicles,  including motorcycles  and motor tricycles, shall  meet the
         following  requirements:

         11.3.1
         The plumbing and connections shall  be properly connected as  installed
         by the manufacturer and free of obstructions and leakage.

         11.3.2

         There shall  be a negative pressure (suction) at the inlet of the
         crankcase ventilation valve.

         11.3.3

         The crankcase ventilation valve shall be freely operative so as to
         regulate the flow of gases through the system.

(12.0)   11.4   Exhaust Emission Control Systems

         11.4.1   Air Injection System

         Exhaust emission control air injection systems on those gasoline-powered
         motor vehicles so equipped by the manufacturer shall operate so that:

         (a)  The air delivery hoses, connections, and air distribution manifold
              shall be properly connected as installed by the manufacturer and
              free of obstructions and leakage.

         (b)  The air compressor drive belt tension shall be within manufacturer's
              specifications.

         (c)  There is a positive air flow from the air pump to the air delivery
              distribution manifold.

         (d)  The check valve prevents any reverse air flow from the air
              distribution manifold out through the check valve inlet.

         (e)  The anti-backfire valve, gulp-valve, or other similar device with
              the same function permits the passage of air from the air pump to
              the exhaust manifold or manifolds, except when the carburetor
              throttle is closed rapidly from an open position as in
              deceleration.
                                             -253-

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         11.4.2   Engine Modification  Systems

         All  vacuum control  valves,  vacuum lines,  mechanical  linkage,  electrical
         circuits  and switches  peculiar to certain engine modification systems
         shall  be  properly connected as installed  on  all 1968 and  subsequent model
         year gasoline-powered  motor vehicles  so equipped by  the manufacturer.

         11.4.3   Other Exhaust Emission Control Systems

         Any  other exhaust emission  control  system, other than air injection or
         engine modification, which  is installed or incorporated in  a  motor vehi-
         cle  in compliance with Federal motor  vehicle pollution control  regulations
         shall  be  maintained in good operable  conditions as specified  by the manu-
         facturer  and shall  be  used  at all  times that the motor vehicle  is operated.

         11.4.4

         The  requirements of this  Part shall apply to all gasoline-powered motor
         vehicles  with the following exceptions:

         (a)   Vehicles of 1967  or  earlier model year.

         (b)   Vehicles not equipped  by the manufacturer with  exhaust emission
              control air injection  systems.

         (c)   Motor vehicles with  an engine displacement of less than  50 cubic
              inches (819.35 cubic centimeters).

(12.0)    11.5   Evaporative Loss Control Systems

         The  evaporative loss control  systems  or devices designed  and  installed
         on 1972 and subsequent model  year gasoline-powered motor  vehicles shall
         be maintained in an operable  condition such  that the system or device
         continues 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.

(12.0)    11.6   Other Prohibited Acts

         In addition to the other  strictures contained in this Chapter,  no person
         shall  cause, suffer, allow, or permit the removal, disconnection, 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 purpose of  any
         such motor vehicle pollution  control  device  by installing therein or
         thereto any part or component which is  not a comparable  replacement  part
         or component of the device.  Provided that:
                                             -254-

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        11.6.1

        The components or parts  of emission  control  systems  on  motor vehicles
        may be disassembled or reassembled for the purpose of repair and  main-
        tenance in proper working order.

        11.6.2

        Components and parts of emission  control  systems  may be removed and
        replaced with like components  and parts intended  by  the manufacturer for
        such replacement.

        11.6.3

        The provisions of this Part shall not apply to salvage  operations on
        wrecked motor vehicles when the engine is so damaged that it will not
        be used again for the purpose  of powering a motor vehicle on a  highway.

(2.0)    11.7   Effective Date

        The provisions of this Chapter shall become effective immediately upon
        their adoption and promulgation.
                                            -255-

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FEDERALLY PROMULGATED
    REGULATIONS
           -256-

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(10.0)    52.56   Review of New Source and  Modification

         (b)   Regulation providing for public  comment

              (1)   Prior to approval  of disapproval  of  the  construction  or
                   modification of an indirect source,  the  Director  shall:

                   (i)   Make a preliminary determination  whether the indirect
                        source should be approved,  approved with conditions
                        or disapproved.

                  (ii)   Make available in  at least  one  location  in each  region
                        in which the  proposed  indirect  source  would  be construc-
                        ted, a copy of all materials submitted by the owner  or
                        operator, a copy of the Director's  preliminary deter-
                        mination, and a copy or summary or  other materials,  if
                        any considered  by the Director in  making his prelimi-
                        nary determination; and

                 (iii)   Notify the public, by  prominent advertisement in a
                        newspaper of  general circulation  in each region  in
                        which the proposed indirect source  would be  construc-
                        ted, of the opportunity for public  comment on the
                        information submitted  by the owner  or  operator and
                        the Director's preliminary  determination on  the
                        approvability of the indirect source.

              (2)   A copy of the notice required pursuant to this paragraph  shall
                   be sent to the Administrator through the appropriate  regional
                   office; to all other State  and local air pollution control
                   agencies having jurisdiction in  the  region  where  the  indirect
                   source will be located; and to any other agency  in the region
                   having responsibility for implementing the  procedures required
                   under Chapter 10 of the Alabama  rules  and regulations.

              (3)   Public comments submitted in writing 30  days  of the  date  such
                   information is made available shall  be considered by  the
                   Director in making his  final decision on the  application.
                                             -257-

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(17.0)      52.60  Prevention of Significant Deterioration

           (b)  Definitions.  For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means fabrication, erection or installation of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

           (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence  into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States  may notify the Administrator at any time of those areas
                     which  exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this paragraph.
                                              -258-

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(2)   (i)      For purposes of this paragraph, areas  designated as  Class
             I or II shall  be limited to the following increases  in
             pollutant concentration occurring since January 1,  1975:

             	Area  Designations	

                  Pollutant                      Class I      Class  II
                                                 (ug/m3)      (ug/m3)
             Particulate matter:
               Annual geometric mean 	       5            10
               24-hr maximum 	      10            30
             Sulfur dioxide:
               Annual 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 "parti cul ate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (iii)   The air quality impact of sources granted approval to
             construct or modify prior to January 1, 1975 (pursuant to
             the approved new source review procedures in the plan)
             but not yet operating prior to January 1, 1975, shall not
             be counted against the air quality increments specified
             in paragraph (c) (2) (i) of this section.

(3)  (i)     All areas are designated Class II as of the effective
             date of this paragraph.  Redesignation may be proposed by
             the respective States, Federal Land Manager, or Indian
             Governing Bodies, as provided below, subject to approval
             by the Administrator.

     (ii)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 da/s
                  prior to the public hearing, and
                               -259-

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        (c)   A  discussion  of the reasons  for the  proposed redes-
             ignation  is available for public inspection  at least
             30 days  prior to the hearing and the notice  announc-
             ing the  hearing contains  appropriate notification  of
             the availability of such  discussion, and

        (d)   The proposed  redesignation is based  on  the record  of
             the State's hearing, which must reflect the  basis
             for the  proposed redesignation, including consider-
             ation  of (1)   growth anticipated in  the area,  (2)
             the social, environmental, and economic effects of
             such redesignation upon the area being  proposed for
             redesignation and upon other areas and  States, and
             (3)  any impacts of such  proposed redesignation upon
             regional  or national interests.

        (e)   The redesignation is proposed after  consultation
             with the elected leadership of local and other sub-
             state general purpose governments in the area cov-
             ered by  the proposed redesignation.

(iii)    Except  as provided in paragraph (c) (3)  (iv) of this
        section, a State in which lands owned by  the Federal Gov-
        ernment are located may submit to the Administrator a
        proposal to redesignate such lands Class  I,  Class II, or
        Class III in  accordance with subdivision  (ii) of this
        subparagraph  provided that:

        (a)   The redesignation is consistent with adjacent State
             and privately owned land, and

        (b)   Such redesignation is proposed after consultation
             with the Federal Land Manager.

(iv)    Notwithstanding subdivision (iii) of this subparagraph,
        the Federal Land Manager may submit to the Administrator
        a proposal  to redesignate any  Federal lands  to a more
        restrictive designation than would otherwise be applic-
        able provided that:

        (a)   The Federal  Land Manager  follows procedures  equiv-
             alent to those required of States under paragraph
             (c) (3)  (ii)  and,

       . (b)   Such redesignation is proposed after consultation
             with the State(s) in which the Federal  Land is lo-
             cated or which border the Federal Land.

(v)     Nothing in this section is intended to convey authority
        to the States over Indian Reservations where States have
        not assumed such  authority under other laws  nor is it
        intended to deny jurisdiction  which States have assumed
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        under other  laws.   Where  a  State  has  not  assumed juris-
        diction  over an  Indian  Reservation  the  appropriate  In-
        dian  Governing Body may submit  to the Administrator a
        proposal  to  redesignate areas Class I,  Class  II, or
        Class III, provided that:

        (a)   The Indian  Governing Body  follows  procedures equiv-
             alent to those required of States  under  paragraph
             (c)  (3) (11)  and,

        (b)   Such redesignation is  proposed after consultation
             with the State(s)  in which the Indian Reservation
             is  located  or which  border the Indian Reservation
             and, for those lands held  in trust,  with the approv-
             al  of the Secretary  of the Interior.

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

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph  shall be approv-
             ed  unless  the Administrator  determines (1)  that the
             requirements of subdivisions (ii)  and (iii) of this
             subparagraph have  not  been complied with, (2)   that
             the State  has arbitrarily and  capriciously disre-
             garded  relevant considerations set forth in sub-
             paragraph  (3) (ii) (d) of this paragraph, or (3)
             that the State has not requested and received  dele-
             gation  of responsibility  for carrying out the  new
             source  review requirements of paragraphs (d) and (e)
             of this section.

        (b)  Any redesignation  proposed pursuant to subdivision
             (iv) of this subparagraph shall be approved unless
             he determines (1)   that the requirements of subdivi-
             sion (iv)  of this  subparagraph have not been complied
             with,  or (2)  that the Federal Land Manager has arbi-
             trarily and capriciously disregarded relevant con-
             siderations set forth  in  subparagraph (3)  (ii) (d) of
             this paragraph.

        (c)  Any redesignation  submitted pursuant to subdivision
             (v) of this subparagraph shall be approved unless he
             determines (1)  that the requirements of subdivision
             (v) of this subparagraph  have not been complied with,
             or  (2)   that the  Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant  consider-
             ations  set forth  in  subparagraph (3) (ii)  (d)  of this
             paragraph.
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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall  be  approved  only  after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian  Governing Bodies  and  from the
                      public on the proposal.

                  (e)  Any  proposed redesignation  protested  to the  propos-
                      ing  State,  Indian  Governing Body, or  Federal  Land
                      Manager and  to  the Administrator by  another  State  or
                      Indian Governing Body  because of the  effects upon
                      such protesting State  or Indian Reservation  shall  be
                      approved  by  the Administrator only if he  determines
                      that in his  judgment the redesignation  appropriately
                      balances  considerations  of  growth anticipated in the
                      area proposed to be  redesignated;  the  social,  envi-
                      ronmental  and economic effects  of such  redesignation
                      upon the  area being  redesignated and  upon other areas
                      and  States;   and any impacts  upon regional or nation-
                      al interests.

                  (f)  The  requirements of  paragraph (c) (3) (vi) (a)  (3)
                      that a State request and receive delegation  of the
                      new  source review  requirements  of this  section  as  a
                      condition to approval  of a  proposed  redesignation,
                      shall  include as a minimum  receiving  the  administra-
                      tive and  technical functions  of the  new source  re-
                      view.  The Administrator will carry  out any  required
                      enforcement  action in  cases where the State  does not
                      have adequate legal  authority to initiate such  ac-
                      tions. The  Administrator may waive  the requirements
                      of paragraph (c)  (3) (vi) (a) (3) if the  State  Attor-
                      ney-General  has determined  that the  State cannot ac-
                      cept delegation of the administrative/technical func-
                      tions.

          (vii)    If the Administrator disapproves any proposed  area desig-
                  nation under this subparagraph,  the  State, Federal  Land
                  Manager or  Indian Governing Body,  as appropriate, may re-
                  submit the  proposal  after correcting the  deficiencies
                  noted  by  the Administrator  or reconsidering  any area des-
                  ignation  determined  by  the  Administrator  to  be arbitrary
                  and capricious.

(d)   Review of new sources

     (1)   The provisions of this paragraph  have been incorporated by refer
          ence into the  applicable  implementation  plans for various States,
          as provided in Subparts B through ODD of this part.  Where this
          paragraph is so incorporated,  the requirements of this paragraph
          apply to any new  or modified stationary  source of the  type iden-
          tified below which  has not commenced  construction or modification
          prior to June  1,  1975  except as specifically provided  below. A
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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (iii)   Kraft Pulp Mills.
    (iv)   . Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per  24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke  Oven Batteries.
    (xv)    Sulfur Recovery  Plants.
    (xvi)   Carbon Black  Plants (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xviii) Fuel  Conversion  Plants.
     (xix)   Ferroalloy production  facilities commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence construction  or  modification
    of a  source subject to -this paragraph unless  the  Administrator de-
    termines  that, on  the basis of  information  submitted pursuant  to
    subparagraph  (3) of this  paragraph:
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     (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the  area affected by the proposed source, will
            not violate  the air quality increments applicable in the
            area where the  source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other  sources in the areas affected by the proposed source
            shall  include all new and modified sources granted approv-
            al to  construct pursuant to this paragraph;  reduction in
            emissions from  existing sources which contributed to air
            quality during  all or part of 1974;  and general commer-
            cial,  residential, industrial, and other sources of emis-
            sions  growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

     (ii)    The new or modified source will meet an emission limit,
            to be  specified by the Administrator as a condition to
            approval, which represents that level of emission reduc-
            tion which would be achieved by the application of best
            available control technology, as defined in 52.01 (f),
            for particulate matter and sulfur dioxide.  If the Admin-
            istrator determines that technological or economic limi-
            tations on the  application of measurement methodology to
            a particular class of sources would make the imposition
            of an  emission  standard infeasible, he may instead pre-
            scribe a design or equipment standard requiring the appli-
            cation of best  available control technology.  Such standard
            shall  to the degree possible set forth the emission re-
            ductions achievable by implementation of such design or
            equipment, and  shall provide for compliance by means which
            achieve equivalent results.

     (iii)   With respect to modified sources, the requirements of sub-
            paragraph  (2)  (ii) of this paragraph shall be applicable
            only to the  facility or facilities from which emissions
            are increased.

(3)   In making the  determinations required by paragraph (d) (2) of this
     section,  the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site information, plans, description, specifications, and drawings
     showing the design of  the source;  information necessary to de-
     termine the  impact that the construction or modification will have
     on sulfur dioxide  and  particulate matter air quality levels;  anJ
     any other information  necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the owner or operator of the source shall provide informa-
     tion on the nature and  extent of general commercial, residential,
     industrial, and other  growth which has occurred  in the area af-
     fected by the  source's  emissions  (such area to be specified by  the
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         Administrator) since January 1, 1975.

    (4)  (i)     Where a new or modified source is located on Federal
                 Lands, such source shall be subject to the procedures
                 set forth in paragraphs (d) and (e) of this section.
                 Such procedures shall be in addition to applicable pro-
                 cedures conducted by the Federal Land Manager for admin-
                 istration and protection of the affected Federal Lands.
                 Where feasible, the Administrator will coordinate his
                 review and hearings with the Federal Land Manager to
                 avoid duplicate administrative procedures.

         (ii)    New or modified sources which are located on Indian
                 Reservations shall be subject to procedures set forth in
                 paragraphs (d) and (e) of this section.  Such procedures
                 shall be administered by the Administrator in cooperation
                 with the Secretary of the Interior with respect to lands
                 over which the State has not assumed jurisdiction under
                 other laws.

         (iii)   Whenever any new or modified source is subject to action
                 by a Federal Agency which might necessitate preparation
                 of an environmental impact statement pursuant to the
                 National Environmental Policy Act  (42 U.S.C. 4321), re-
                 view by the Administrator conducted pursuant to this
                 paragraph shall be coordinated with the broad environmen-
                 tal reviews under that Act,  to the maximum extent feas-
                 ible and reasonable.

     (5)  Where  an  owner or operator has applied for permission to con-
         struct or modify pursuant to this paragraph and the proposed
         source would be located in an area which has been proposed  for
         redesignation to a more stringent class  (or the State,  Indian
         Governing Body, or Federal Land Manager  has announced such  con-
         sideration), approval  shall not be granted until the Administra-
         tor has acted on the proposed redesignation.

(e)   Procedures  for public participation

     (1)   (i)    Within 20 days after receipt of  an application  to con-
                 struct, or any addition to such  application, the Admin-
                 istrator shall advise the owner  or operator of  any  de-
                 ficiency in the information  submitted in support of the
                 application.   In  the event of  such a  deficiency, the  date
                 of  receipt of  the application  for  the purpose of para-
                 graph  (e')  (1)  (ii) of this section shall be the date  on
                 which  all required information  is  received by the Admin-
                 istrator.

          (ii)   Within  30 days after receipt of  a  complete application,
                  the Administrator shall:
                                  -265-

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        (a)   Make a preliminary determination whether the source
             should be approved, approved with conditions, or dis-
             approved.

        (b)   Make available in at least one location  in each  re-
             gion in which the proposed source would  be construct-
             ed,  a copy of all materials submitted by the owner or
             operator, a copy of the Administrator's  preliminary
             determination and a copy or summary of other materi-
             als, if any, considered by the Administrator in  mak-
             ing  his preliminary determination;  and

        (c)   Notify the public, by prominent advertisement in
             newspaper of general circulation in each region  in
             which the proposed source would be constructed,  of
             the  opportunity for written public comment on the in-
             formation submitted by the owner or operator and the
             Administrator's preliminary determination on the ap-
             provability of the source.

(iii)    A copy of the notice required pursuant to this subpara-
        graph shall be sent to the applicant and to officials and
        agencies  having cognizance over the locations where the
        source will be situated as follows:  State and local  air
        pollution control agencies, the chief executive of the
        city and  county;  any comprehensive regional  land use plan-
        ning agency;  and any State, Federal Land Manager or  In-
        dian Governing Body whose lands will be significantly af-
        fected by the source's emissions.

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

(v)     The  Administrator shall take final action on  an applica-
        tion within 30 days after the close of the public comment
        period.  The Administrator shall notify the applicant in
        writing of his approval, conditional approval, or denial
        of the application, and shall set forth his reasons for
        conditional approval or denial.  Such notification shall
        be made available for public inspection in at least one
        location  in the region in which the source would be lo-
        cated.
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          (vi)    The Administrator may extend each of the time periods
                 specified in paragraph  (e)  (1)  (ii), (iv), or (v) of this
                 section by no more than 30  days or such other period as
                 agreed to by the applicant  and  the Administrator.

     (2)   Any owner  or  operator who constructs, modifies, or operates a
          stationary source not in accordance with the application, as ap-
          proved  and conditioned  by the Administrator, or any owner or op-
          erator  of  a stationary  source subject to this  paragraph who com-
          mences  construction or  modification after June 1, 1975, without
          applying for  and receiving approval hereunder, shall be subject
          to enforcement action under  section 113 of the Act.

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

     (4)   Approval to construct or modify shall not relieve any owner or
          operator of the responsibility  to comply with  the control strat-
          egy and all local, State, and Federal regulations which are part
          of the  applicable State Implementation  Plan.

(f)   Delegation of authority

     (1)   The Administrator shall have the  authority to  delegate responsi-
          bility  for implementing the  procedures  for conducting source  re-
          view  pursuant to paragraphs  (d) and (e),  in accordance with sub-
          paragraphs (2),  (3), and  (4) of this  paragraph.

     (2)   Where the  Administrator delegates the responsibility for  imple-
          menting the  procedures  for conducting source  review pursuant  to
          this  section  to  any Agency,  other than  a  regional office  of the
          Environmental Protection  Agency,  the  following provisions  shall
          apply:

          (i)      Where the  agency designated is  not an  air pollution con-
                  trol  agency,  such agency  shall  consult with the appropri-
                  ate  State  and  local  air pollution control agency  prior to
                  making any  determination  required by  paragraph  (d) of
                  this  section.   Similarly, where the  agency  designated
                  does  not have  continuing  responsibilities  for managing
                  land  use,  such  agency shall consult with  the appropriate
                  State and  local agency  which  is primarily responsible for
                  managing land  use prior to  making any determination  re-
                  quired by paragraph  (d) of this section.

          (ii)     A copy of the notice pursuant to paragraph  (e)  (1)  (ii)
                  (c)  of this  section  shall be  sent to  the  Administrator
                  through the appropriate regional  office.
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                                                                                    I
(3)   In accordance with Executive Order 11752,  the  Administrator's
     authority for implementing the procedures  for  conducting  source
     review pursuant to this section shall  not  be delegated, other  than
     to a regional office of the Environmental  Protection  Agency, for
     new or modified sources which are owned or operated by the  Federal
     government or for new or modified sources  located on  Federal lands;
     except that, with respect to the latter category, where new or
     modified sources are constructed or operated on Federal lands  pur-
     suant to leasing or other Federal agreements,  the Federal land
     Manager may at his discretion, to the extent permissible  under ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local agency's procedures
     developed pursuant to paragraphs (d) and (e) of this  section.

(4)   The Administrator's authority for implementing the procedures  for
     conducting source review pursuant to this  section shall not be re-
     delegated, other than to a regional office of  the Environmental
     Protection Agency, for new or modified sources which  are  located
     on Indian reservations except where the State  has assumed juris-
     diction over such land under other laws, in which case the  Admin-
     istrator may delegate his authority to the States in  accordance
     with subparagraphs (2), (3), and (4) of this paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan.  16, 1975, as
      amended at 40 FR 24535, June 9, 1975;  40 FR  25005,  June 12,
      2975;  40 FR 42012, Sept. 10, 1975)
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