U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 250
Air Pollution Regulations in State
Implementation Plans: Alaska
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290250
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-051
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Alaska
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-450/3-78-051
3. RECIPIENT'S ACCESSION-NO.
4. TITLE ANDSU8TITLE
Air Pollution Regulations in State Implementation i
Plans: Alaska
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
JL Q O 2 5G
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711•
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS
c. COSATl Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
iES
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-051
Air Pollution Regulations
in State Implementation Plans
Alaska
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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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-450/3-78-051
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the 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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Submittal Date
6/22/72
SUMMARY SHEET
OF_
ERA-APPROVED REGULATION CHANGES
ALASKA
Approval Date
7/27/72
Description
Emergency Regulations
Section Number
52.73
52.78
52.84
52.85
52.86
52.87
52.88
52.89
52.90
52.91
52.92
52.93
52.96
FEDERAL REGULATIONS
Description
General Requirements
Regulation for Review of New or Modified
Indirect Sources
Compliance Schedules
Traffic Flow Improvement
Management of Parking Supply
Idling Limitations
Inspection/Maintenance Program
Air Bleed to Intake Maniford Retrofit
Oxidizing Catalyst Retrofit
Exhaust Gas Recirculation-Air Bleed Retrofit
Central Business District Access Limitation
Monitoring Transportation Trends
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - 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
VII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(2.0)
(4.0)
(51.13)
(51.9)
(51.5) (51.6)
(51.14)
(12.0)
(50.5)
(50.7)
(50.1.2)
(2.0)
(3.0)
(3.0)
(8.0)
(9.0)
(2.0)
(2.0)
(15.0)
(1.0)
Section Number
18 AAC 50.010
18 AAC 50.020
18 AAC 50.030
18 AAC 50.040
18 AAC 50.050
18 AAC 50.060
18 AAC 50.070
18 AAC 50.080
18 AAC 50.090
18 AAC 50.100
18 AAC 50.110
18 AAC 50.120
18 AAC 50.130
18 AAC 50.140
18 AAC 50.150
18 AAC 50.160
18 AAC 50.170
18 AAC 50.180
18 AAC 50.190
Title Page
Applicability of Local Govern- 1
ment Regulations
Ambient Air Quality Standards 1
Open Burning 2
Incinerators 3
Industrial Processes and Fuel 4
Burning
Pulp Mills 4
Motor Vehicle Emissions 5
Carbon Monoxide Limitations 5
Ice Fog Limitations 5
Marine Vessels 6
Air Pollution Prohibited 6
Permit to Operate 6
Revocation or Suspension of 8
Permit
Air Episodes 9
Source Testing 10
Circumvention 10
Air Quality Control Plan 11
Penalties 11
Definitions 11
VIM
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SUMMARY OF THE COOK INLET AIR RESOURCES
Revised Standard
Subject Index
(3
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
.0) (13.0)
(2.0)
(2.0)
(2.0)
(8.0)
(5.0)
(13.0)
(15.0)
(15.0)
(15.0)
(3.0)
(3.0)
Section Number
1.01
1.03
3.01
3.03
3.05
3.07
3.09
3.11
3.13
3.15
3.17
.3.19
3.21
3.23
3.25
3.27
5.01
5.03
Title
Short Title
General Definitions
Air Pollution Control Commissi
Term
Meetings
Powers
Classification, Reporting and
Registration
Additional Contaminant Control
Measures
Inspection
Emission Control Requirements
Emergency Procedure
Variances
Confidentiality of Records
Limitations
Enforcement
Penalties
Registration Required
General Requirements for
Registration
Page
16
16
19
19
19
19
20
21
22
22
22
23
24
24
25
25
26
26
(3.0) 7.01 Notice of Construction— 29
When Required
(3.0) 7.03 Information Required for Notice 29
of Construction and Application
for Approval
(3.0) 7.05 Issuance of Approval or Order 30
IX
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Revised Standard
Subject Index Section Number Title Page
(2.0) 7.07 Notice of Completion - Order 31
of Violation
(2.0) 7.09 Conditional Approval 32
(50.1.2) 9.01 Emission of Air Contaminant - 33
Visual Standard
(50.1) 9.03 Participate Matter 33
(50.1) 9.05 Emission of Participate Matter 34
(Grain Loading)
(50.1.1) 9.07 Emission of Participate Matter 34
(Process Weight Standard)
(50.0) 9.09 Specific Contaminants 34
(2.0) 9.11 Emission of Air Contaminant or 38
Water Vapor: Detriment to Person
or Property
(50.6) 9.13 Odor and Nuisance Control Measures 38
(2.0) 9.15 Emission of Air Contaminant: Con- 38
cealment and Masking Restricted
(50.1) 9.17 Preventing Particulate Material 38
from Becoming Airborne
(7.0) (13.0) 9.19 Report of Breakdown 39
(51.13) 9.21 Outdoor Fires 39
(2.0) 9.23 Separability 40
(6.0) 9.25 Schedule for Compliance 40
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FAIRBANKS NORTH STAR BOROUGH
Revised Standard
Subject Index
(2.0)
(2.0)
0.0)
(2.0)
(2.0)
(2,0)
(2.0)
(2.0)
(5.0)
(8.0)
(15.0)
(15.0)
(14.0)
C2.0)
Revised Standard
Subject Index
(2.0)
(10.0)
Regulation
Number
45.05.010
45.05.020
45.05.030
45.05.040
45.05.050
45.05.060
45.05.070
45.05.080
45.05.090
. 45.05.100
45.05.110
45.05.120
- 45.05.130
45.05.140
FEDERALLY
Regulation
Number
52.73
52.78
Title
Title
Purpose
Definitions
Pollution Control Commission
Pollution Control Officer
Violations
Emission Limitations
Existing Equipment or Devices
Currently In Operation or Under
Construction
Variances
Emergency Procedure
Injunctive Relief,
Enforcement
Confidentiality of Records
Severability
PROMULGATED REGULATION
Title
General Requirements
Review of New or Modified
Page
42
42
42
43
46
47
48
49
49
51
' 51
52
53
53
Page
55
56
Indirect Sources
(6.0)
52.84
Compliance Schedules
66
XI
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Revised Standard Regulation
Subject Index Number Title
(12.0) 52.85 Traffic Flow Improvements 71
(12.0) 52.86 Management of Parking Supply 72
(12.0) 52.87 Idling Limitations 75
(12.0) 52.88 Inspection/Maintenance Program 76
(12.0) 52.89 Air Bleed to Intake Manifold 78
Retrofit
(12.0) 52.90 Oxidizing Catalyst Retrofit 80
(12.0) 52.91 Exhaust Gas Recirculation—Air 81
Bleed Retrofit
(12.0) 52.92 Central Business District 83
Access Limitation
(12.0) 52.93 Monitoring Transportation 83
Trends
(17.0) 52.96 Prevention of Significant 85
Deterioration
XII
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TITLE 18. ENVIRONMENTAL CONSERVATION
(2.0) 18 AAC 50.010 APPLICABILITY OF LOCAL GOVERNMENT REGULATIONS
A local air quality control agency may establish the same or more
stringent regulations, but not less stringent regulations as the
applicable regulations specified in this chapter. (Eff. / / ,
Reg. ).
AUTHORITY: AS 46.03.020 (10) (A)
AS 46.03.140
(4.0) 18 AAC 50.020 AMBIENT AIR QUALITY STANDARDS
(a) The State ambient air quality shall be maintained at the lowest
practicable air contaminant concentrations. In no event shall
these concentrations exceed the following levels corrected to
standard conditions.
(1) Suspended particulate matter
(A) annual geometric mean; 60 micrograms per cubic meter.
(B) 24-hour maximum not be exceeded more than once a year;
150 micrograms per cubic meter.
(2) Sulfur oxides (measured as sulfur dioxide)
(A) annual arithmetic mean; 60 micrograms per cubic meter.
(B) 24-hour maximum not to be exceeded more than once a year;
260 micrograms per cubic meter.
(C) 3-hour maximum not to be exceeded more than once a year;
1300 micrograms per cubic meter
(3) Carbon monoxide not be exceeded more than once a year;
(A) 8-hour maximum; 10 milligrams per cubic meter.
(B) 1-hour maximum; 40 milligrams per cubic meter.
(4) Photochemical oxidants
1-hour maximum not to be exceeded more than once a year; 160
micrograms per cubic meter.
(5) Nitrogen dioxide
annual geometric mean; 100 micrograms per cubic meter.
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(6) Hydrocarbons
3-hour maximum not to be exceeded more than once a year; 160
micrograms per cubic meter.
(b) In areas where existing air quality is better than the ambient air
quality standards specified in (a) above, the department shall en-
force the air contaminant emission requirements as specified in this
chapter so as to minimize degradation of the air quality.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.010
AS 46.03.020 (10) (A)
AS 46.03.140
(51.13) 18 AAC 50.030 OPEN BURNING
(a) Within unified municipalities, incorporated cities, and service areas
having refuse pickup:
(1) Open burning is permissible except that those materials which
tend to.result in the emission of black smoke or odors, includ-
ing but not limited to putrescible garbage, asphalt, rubber,
oil wastes, and asphalt-impregnated materials, may not be
burned in the open. Permissible open burning is further subject
to the limitations of (d) and (e) of this section, and the ex-
ception of (c) of this section.
(2) The open burning of debris, trees and brush accumulated during
land clearing operations shall be conducted, except as specified
in (d) of this section, in such a way as to obtain maximum com-
bustion efficiency throughout the burning period. Tires or
similar organic matter may not be used to start or maintain the
f i re.
(b) For areas not covered by (a) of this section, open burning for the
disposal of oils, oily wastes, asphalt and tars and similar waste
materials is prohibited unless conducted pursuant to a permit from
the department.
(c) Controlled fires for the purpose of training fire fighting personnel
require prior written approval from the department. Controlled
fires for disposing of demolition wastes require prior written ap-
proval from the department. After such fires have been conducted,
summary reports shall be submitted to the department.
(d) No open burning shall be allowed if an air quality advisory is broad-
cast on a radio or television station in an area, stating that burn-
ing is not permitted for that day. This advisory shall be based on
weather conditions being such that air ventilation in the affected
area is inadequate to provide for maintenance of the ambient air
quality standards specified in section 20 of this chapter.
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(e) Open burning shall be regulated at landfill sites as specified in
Title ISAAC 60, SOLID WASTE MANAGEMENT. (Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
(51.9) 18 AAC 50.040 TNCTNFRATORS
(a) Visible emissions, excluding condensed water vapor, from incinerators
may not result in a reduction of visibility through the exhaust ef-
fluent greater than:
(1) 20 percent for those incinerators installed on or after July 1,
1972.
(2) 40 percent for incinerators installed and operating prior to
July 1, 1972. These incinerators shall comply with the require-
ments of (a)(l) of this section after July 1, 1975.
for a period or periods aggregating more than three minutes in any
hour. '
(b) Particulate matter emitted from incinerators installed on or after
July 1, 1972, and from all incinerators after July 1, 1975, may not
exceed, on the basis of a cubic foot of exhaust gas corrected to
12 percent CO? and standard conditions, and except as specified in
(c) and (d) of this section:
(1) 0.3 grains for incinerators less than or equal to 200 pounds
per hour rated capacity;
(2) 0.2 grains for incinerators larger than 200 but equal to or
less than 1000 pounds per hour rated capacity;
(3) 0.1 grains for incinerators larger than 1000 pounds per hour
rated capacity.
(c) Particulate matter emitted from tepee burners may not exceed, on
the basis of a cubic foot of exhaust gas corrected to 12 percent
C02 and standard conditions.
(1) 0.1 grains for those burners installed or modified on or after
July 1, 1972.
(2) 0.2 grains for those burners in operation prior to July 1, 1972.
(d) Particulate matter emitted from air curtain incinerators may not
result in a visible emission, excluding condensed water vapor, which
causes a reduction in visibility of greater than 20 percent for a
period or periods aggregating more than three minutes in any hour.
No person may operate an air curtain incinerator, regardless of size,
without prior written approval from the department.
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(Eff. / / , Reg. ).
AUTHORITY AS 46. 03. 020(10) (A)
AS 46.03.140
AS 46.03.150
(51.5) 18 AAC 50.050 INDUSTRIAL PROCESSES AND FUEL BURNING
(51.6) -
(a) Visible emissions, excluding condensed water vapor, from industrial
processes or fuel burning equipment may not result in a reduction
of visibility through the exhaust effluent of greater than 20 percent
for a period or periods aggregating more than three minutes in any
hour.
(b) Particulate matter emitted from industrial processes or fuel burning
equipment may not exceed, on the basis of a cubic foot of exhaust
gas corrected to standard conditions:
(1) 0.05 grains except as noted in (2) and (3) below;
(2) 0.1 grains for those sources in operation prior to July 1, 1972,
and for fuel burning equipment using coal or municipal waste as
fuel ;
(3) 0.15 grains for fuel burning equipment using wood waste as fuel.
(c) Sulfur compound emission from industrial processes or fuel burning
equipment may not exceed 500 ppm expressed as
(d) No person shall cause or permit bulk materials to be handled, trans-
ported or stored without taking reasonable precautions to prevent
particulate matter from becoming airborne. (Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
(51.14) 18 AAC 50.060 PULP MILLS
(a) Air contaminant emission from pulp mills may not exceed, based on 24-
hour averages and each ton of pulp produced:
(1) 20 pounds of sulfur oxides from sulfite pulp mills, expressed
as S02, from all blow pits, washer vents, storage tanks, diges-
ter relief and recovery systems;
(2) two pounds of particulate matter from all blow pits, washer
vents, storage tanks, digester relief and recovery systems in
kraft or sulfite mills;
(3) five ppm of total reduced sulfur, expressed as H£S on a dry
basis, from each kraft pulp mill recovery furnace stack.
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(b) Non-condensibles from kraft pulp mill digesters and multiple ef-
fect evaporators shall be treated to reduce emissions of total
reduced sulfur to a level equal to that which would be obtained
by the reduction achieved by thermal oxidation in a lime kiln.
(c) Operators shall maintain and operate continuous emission recording
and ambient air monitoring devices as specified by the department.
Data acquired shall be available for inspection by, and provided
on a routine basis to, the department. (Eff. / / , Reg. ).
AUTHORITY:
AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
(12.0) 18 AAC 50.070 MOTOR VEHICLE EMISSIONS
(a) Emissions from gasoline-powered motor vehicles may not be visible,
excluding condensed water vapor.
(b) Visible emissions from diesel powered motor vehicles, excluding con-
densed 'water vapor, may not result in a reduction of visibility of
greater than 40 percent throuah the exhaust effluent.
(Eff. / / , Reg. ).
AUTHORITY:
(50.5) 18 AAC 50.080
AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
CARBON MONOXIDE LIMITATIONS
All motor vehicle traffic, except emergency vehicles, shall be
routed around areas where ambient air levels of carbon monoxide
reach or are predicted to reach 17 milligrams per cubic meter on
an eight hour average after July 1, 1972. This level shall be
10 milligrams per cubic meter after July 1, 1975.
(Eff. / / , Reg. ).
AUTHORITY:
(50.7) 18 AAC 50.090
AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
ICE FOG LIMITATIONS
The department may require any person proposing to build or operate
an industrial process, fuel burning equipment or incinerator in
areas of potential ice fog. to obtain a permit to operate and to
reduce water emissions. (Eff. / / , Reg. ).
AUTHORITY:
AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
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(50.1.2)18 AAC 50.100 MARINE VESSELS
Within three miles of the coastline of Alaska, visible emissions
from any marine vessel excluding water vapor, may not result in
a reduction of visibility through the exhaust effluent of greater
than 40 percent for a period or periods aggregating more than
three minutes in any one hour. (Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
(2.0) 18 AAC 50.110 AIR POLLUTION PROHIBITED
No person may permit any emission which is injurious to human
health or welfare, animal or plant life or property, or would
unreasonably interfere with the enjoyment of life or property.
(Eff. / / , Reg. ).
AUTHORTIY: AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.710
(3.0) 18 AAC 50.120 PERMIT TO OPERATE
(a) A permit to operate is required, if the facility is capable of
emitting into the ambient air, regardless of whether air quality
control equipment is operating, more than:
(1) 25 tons per year of sulfur dioxide or particulate matter.
(2) 100 tons per year of either nitrogen oxides, or carbon mono-
xide, or hydrocarbons.
(b) A permit to operate is required for all mercury retorts, regard-
less of size.
(c) A permit to operate is required for all fuel burning electric
generating equipment greater than 250 kilowatts capacity if such
equipment is put into operation after July 1, 1972.
(d) No person shall operate or cause the operation of a source requiring
a permit without applying for and obtaining a permit from the de-
partment. Application for a permit to operate shall be made by the
owner or operator on forms provided by the department. All persons
operating sources on the effective date of these regulations and
requiring a permit shall apply for such permit on or before July 1,
1972.
(e) Submittal of emission data is required when the amount of hydrocar-
bons, carbon monoxide, nitrogen oxides, sulfur oxides, or particu-
late matter which can be emitted from a facility into the ambient
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air, regardless of whether air quality control equipment is oper-
ating, is greater than five tons per year. Data submittal is
required every two years, starting on July 1, 1973, on forms pro-
vided by the department.
(f) No person may construct or modify a facility requiring a permit
to operate until detailed plans and specifications are submitted
to the department and approved. These plans and specifications
shall include the following information:
(1) two sets of plans and specifications, clearly indicating the
layout and the construction which will be undertaken;
(2) two sets of maps or aerial photographs indicating land use and
zoning within one mile of the facility. The map or aerial
photograph shall be of adequate scale to show all homes, in-
dustrial buildings, water courses, road and other applicable
details and shall indicate the general topography;
(3) an engineering report outlining the proposed methods of oper-
ation, the quantity and source of material to be processed,
the proposed use and distribution of the processed material and
related process details, and a process flow diagram indicating
the points of emission including estimated quantities and
types of air contaminants to be emitted;
(4) a description and specifications of all air quality control
devi ces;
(5) an evaluation of the effect on the surrounding ambient air of
the emissions from the facility;
(6) plans for emission reduction procedures during an air episode.
(g) Approval to construct a new source may not be granted unless the
applicant shows to the satisfaction of the department that:
(1) the new source will not prevent or interfere with the attain-
ment or maintenance of any applicable ambient air quality
standard specified in section 20 of this chapter;
(2) the new source will operate without causing a violation of
applicable regulations established under AS 46.03.
(h) A compliance schedule is required as part of a permit to operate
for facilities emitting air contaminants in excess of the limita-
tions of this chapter. Those facilities in operation prior to
July 1, 1972 and requiring a compliance schedule shall be in com-
pliance with requirements of this chapter by July 1, 1975.
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(i) A permit to operate may:
(1) not be transferred without the written consent of the depart-
ment;
(2) not be issued for a period greater than five years after
which the permit must be renewed for continued source oper-
ation. A permit requiring a compliance schedule must be
reviewed and renewed every year of its duration;
(3) not be granted to a person under (h) of this section unless
a compliance schedule approved by the department is included;
(4) require that specific emission reduction procedures be taken
during an air episode.
(j) Upon notice to any person, such person operating facilities
emitting air contaminants judged by the department to be highly
toxic shall be required to obtain a permit to operate.
(k) The department may require an applicant for a permit to operate
to install, use, and maintain monitoring equipment; to sample
emissions in accordance with methods prescribed by the department,
at locations, intervals and by procedures as may be specified; to
provide source test ports, to provide emission data and information
from analyses of any test samples, and to provide periodic reports
on process emissions.
(1) If an application for a permit to operate is denied, the department
shall notify the applicant in writing of the reasons.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.010
AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150
AS 46.03.160
AS 46.03.170
(3.0) 18 AAC 50.130 REVOCATION OR SUSPENSION OF PERMIT
A permit to operate may be revoked or suspended if the conditions of
the permit or applicable laws or regulations are violated.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.160
AS 46.03.170
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(8.0) 18 AAC 50.140 AIR EPISODES
An air episode shall be declared when in the opinion of the com-
missioner the concentration of air contaminants in the ambient air
has reached or is predicted to reach any of the following levels:
(1) Air Alert:
(A) sulfur dioxide 800 micrograms per cubic meter ( 24 hour
average)
(B) particulate matter 3.0 coefficient of haze units or 375
micrograms per cubic meter ( 24 hour average)
(C) carbon monoxide 17 milligrams per cubic meter (8 hour
average)
(2) Air Warning:
(A) sulfur dioxide 1600 micrograms per cubic meter ( 24 hour
average)
(B) particulate matter 5.0 coefficient of haze units, or 625
micrograms per cubic meter ( 24 hour average)
(C) carbon monoxide 24 milligrams per cubic meter ( 8 hour
average)
(3) Air Emergency:
(A) sulfur dioxide 2,100 micrograms per cubic meter ( 24
hour average)
(B) particulate matter 7.0 coefficient of haze units, or 875
micrograms per cubic meter (24 hour average)
(C) carbon monoxide 46 milligrams per cubic meter ( 8 hour
average)
The commissioner shall prescribe and publicize curtailment actions
when the above levels of air contaminants are, or are about to be,
reached. (Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.820
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(9.0) 18 AAC 50.150 SOURCE TESTING
(a) The department may conduct or have conducted source testing in order
to determine compliance with this chapter.
(b) Testing to determine compliance with provisions of this chapter
shall be by methods of measurement approved by the department and
undertaken at such a point or points as to characterize the actual
discharge into the ambient air.
(c) Particulate matter emission requirements specified in this chapter
shall be measured by the methods comparable to those outlined in
the American Society of Mechanical Engineers Power Test Code PTC
27-1957, entitled "Determining Dust Concentration in the Gas
Stream", modified to include a high efficiency filter. A copy of
this document is on file in the Lieutenant Governor's Office.
Additional copies may be obtained from department offices in Juneau.
(d) Air contaminant emission tests shall be conducted at maximum rated
burning or operating capacity of the unit, or such other rate as may
be determined by the department to characterize the emissions from
the unit. (Eff. / / ,Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
AS 46.03.150 (b)
(2.0) 18 AAC 50.160 CIRCUMVENTION
(a) The use of air for dilution of emission contaminants without affect-
ing any total decrease in such contaminants shall not be permitted
as a method to effect compliance with the requirements of this chap-
ter.
(b) Any facility modified on or after July 1, 1972 shall meet the re-
quirements applicable to new facilities installed on or before
July 1, 1972.
(c) The total of the capacities for all process fuel burning or incin-
erator units in a facility shall be considered as the facility
capacity for that type of unit.
(d) Persons owning or operating facilities emitting air contaminants
subject to the limitations of this chapter shall be held respon-
sible for insuring that those facilities are in compliance with
this chapter. (Eff. 5/26/72, Reg. 42).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
(e) The department may require an operator of any air contaminant
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source to maintain records and periodically report on the nature
and amounts of emissions as may be necessary to determine com-
pliance of the source with the applicable emission or ambient air
standards pursuant to this chapter.
(f) The department shall deny to any person the construction or modifi-
cation of any air contaminant emission source, if the commissioner
finds that the construction or operation of the source will result
in a violation of the applicable emission standards or will inter-
fere with the attainment or maintenance of the ambient air standards
pursuant to this chapter. (Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(A)
AS 46.03.140
AS 46.03.150
AS 46.03.160
(2.0) 18 AAC 50.170 AIR QUALITY CONTROL PLAN
The plan, established on July 1, 1972, for implementing and enforc-
ing th'is chapter, is on file in the Office of the Lieutenant
Governor and is incorporated by reference as part of this chapter.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
(15.0) 18 AAC 50.180 PENALTIES
A person who violates any provision of this chapter is guilty of
a misdemeanor and upon conviction is punishable by a fine of not
more than $5,000, or by imprisonment for not more than one year,
or by both. Each day of violation constitutes a separate offense.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.710
AS 46.03.760
(1-0) 18 AAC 50.190 DEFINITIONS
(1) "air contaminant" means dust, fumes, mist, smoke, fly ash, and
other particulate matter, vapor, gas, odorous substances, or any
combinations thereof.
.(2) "air curtain incinerator" means an incinerator in which large quan-
tities of combustible materials are burned in a rectangular con-
tainer which is equipped with an overfire air system.
(3) "ambient air" means that portion'o.f the surrounding atmosphere
which may affect persons in the area.
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(4) "Commissioner" means Commissioner of the Department of Environ-
mental Conservation.
(5) "Department" means the Department of Environmental Conservation.
(6) "Emission" means release of air contaminants into the environ-
ment.
(7) "Facility" means a unit or multiple units built, installed or
established to serve a particular purpose.
(8) "Fuel burning equipment" means any combustion device or part there-
of capable of emission but excludes mobile internal combustion en-
gines, incinerators, marine vessels, indoor fireplaces, backyard
barbecues, and home cooking devices.
(9) "Incinerator" means any equipment, device or contrivance, excluding
indoor fireplaces, used for the thermal reduction of garbage or
other wastes.
(10) "Opacitymeans the characteristic of a substance which renders it
partially or wholly impervious to transmittance of light and
causes obstruction of an observer's view.
(11) "Open burning" means the burning of any material such that the pro-
ducts of combustion are emitted directly into the ambient air with-
out passing through a stack or flare.
(12) "Particulate matter" means any material, except water, which is,
or has been, airborne and exists as a liquid or a solid at standard
conditions.
(13) "Ppm" means parts per million by volume.
(14) "Person" means any individual, public or private corporation, poli-
tical subdivision, government agency, municipality, industry, co-
partnership, association, firm, trust, estate, or any other entity
whatsoever.
(15) "Putrescible garbage" means material capable of being decomposed
with sufficient rapidity as to cause nuisance or obnoxious odors.
(16) "Reduction of visibility" means the obscuration of an observer's
vision, as determined by the method of observation described in
the U.S. Bureau of Mines Information Circular No. 8333, dated May
1967, Department of the Interior, and modified to account for
equivalent opacity. This document is on file in the Lieutenant
Governor's Office. Additional copies of this document may be
obtained from the department office in Juneau.
(17) "Source" means anything which may emit air contaminants.
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(18) "Stack" means any chimney or conduit through which air or air con-
taminants are emitted into the environment.
(19) "Standard conditions" means a dry gas at a temperature of 70 degrees
Fahrenheit and a reference pressure of 14.7 pounds per square inch.
(Eff. / / , Reg. ).
AUTHORITY: AS 46.03.020(10)(A)
AS 46.03.140
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SUMMARY OF THE COOK INLET AIR RESOURCES
Management District's Regulation I
The Regulation is comprised of five articles as follows:
Article I
Consists of definitions of terms found in the Regulation.
Article III
It is the enabling legislation passed by each of the three Borough
assemblies. It establishes the Air Pollution Commission of the District
and delegates certain authorities to the Commission. The Commission has
the authority to establish ambient air quality standards, emission stand-
ards, adopt rules and regulations, hold public hearings, issue and en-
force orders necessary to effectuate its regulations, require access to
records, contract with other agencies, receive funds or property, and
take emergency actions to abate high levels of air pollutant concentra-
tions.
Article V
Establishes a requirement for the registration of air contaminant sources.
The article also lists types of equipment which are exempted from regis-
tration. Sources exempted are those which would only add water vapor to
the atmosphere or would add contaminants of a concentration, particle
size, or amount which could not be considered detrimental to the area's
air quality.
Article VII
Establishes the requirement for a Notice of Construction and Application
for Approval before a new air contaminant source is constructed or before
a new source is altered. The application must include sufficient infor-
mation to enable the District staff to evaluate the emissions from the
source and their degree of compliance with District emission regulations.
Construction or alteration may not begin until after the application is
approved. The article also establishes time limits for actions on
notices and methods for appealing denials.
Article IX
Establishes definite emission regulations dealing with particulate mate-
rial, certain gaseous pollutants, odors, and open burning. Particulate
material emissions are dealt with using opacity, process weight, and
grain loading standards.
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Sources in existence prior to the effective date of the Regulation,
January 4, 1971, must not exceed Ringelmann #2 or 40% opacity for more
than three minutes in any one hour. All sources installed after January
4, 1971, and all sources in existence after January 4, 1976, must not
exceed Ringelmann #1 or 30% opacity for more than three minutes in any
one hour.
Sources in existence prior to January 4, 1971, are required to comply
with the process weight curve allowing a maximum particulate emission
of 150 Ibs./hr. at a process weight of 10 million Ibs./hr. Sources
installed after January 4, 1971, and all sources in existence after
January 4, 1976, must comply with the process weight curve allowing a
maximum particulate emission of 40 Ibs./hr. for a process weight of
60 thousand Ibs. or more per hour.
All sources of particulate matter in the District must also comply with
a grain loading standard of 0.3 grains of particulate material per stand-
ard foot of exhaust gas. Combustion processes must calculate their emis-
sions to twelve percent of carbon dioxide at standard conditions.
Sulfur dioxfde is the only gaseous pollutant controlled and may not
exceed 500 parts of S02 per million parts of exhaust gas.
Odor bearing gases or sources of odors must be controlled to keep odor
emissions to a reasonable minimum.
Outdoor fires are regulated by areas. In the Kenai Peninsula and
Matanuska-Susitna Boroughs only the burning of dumps and industrial waste
are prohibited. In the Anchorage Borough all fires except land clearing
fires (slash burning) and fires for social, pleasure, ceremonial, and
safety purposes are allowed. Within the urban area of Anchorage, slash
burning is also prohibited.
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TRI-BOROUGH AIR RESOURCES MANAGEMENT DISTRICT
ARTICLE I
(2.0) Section 1.01 SHORT TITLE
This regulation may be known and cited as regulation 1 of the Tri-
Borough Air Resources Management District.
(1.0) Section 1.03 GENERAL DEFINITIONS
(a) "Air contaminant" means dust, fumes, mist, smoke, other particulate
matter, vapor, gas, odorous substance, or any combination thereof.
(b) "Air pollution" means the presence in the outdoor atmosphere of one
or more air contaminants in sufficient quantities and duration that
tend to be injurious to human health or welfare, animal or plant
life, or property, or which would unreasonably interfere with the
enjoyment of life and property.
(c) "Alteration" means any addition to or enlargement or replacement of,
or any major modification or change of the design, capacity, process
or arrangement, or any increase in the connected loading of, equip-
ment or control apparatus which will significantly increase or ad-
versely affect the kind or amount of air contaminant emitted.
(d) "Atmosphere" or "Ambient air" means the surrounding outside air.
(e) "Commission" means the Air Pollution Control Commission of the Tri-
Borough Air Resources Management District.
(f) "Director" means the Director of the Air Pollution Control Commis-
sion or his authorized representative.
(g) "District" means the Tri-Borough Air Resources Management District,
including the Greater Anchorage Area Borough, the Kenai Peninsula
Borough, and the Matanuska Susitna Borough.
(h) "Emission" means a release into the outdoor atmosphere of air con-
taminants.
(i) "Equipment" means any stationary or portable device or any part
thereof capable of causing the emission of any air contaminant into
the atmosphere.
(j) "Equipment used in a Manufacturing Process" means equipment, as
defined in Subsection 1.03 (i) in which some air contaminant emitted
is caused by a manufacturing process.
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(k) "Excess air" means the quantity of air which exceeds the theoretical
quantity of air required for complete combustion.
(1) "Fire Chief" means a Borough Fire Marshall, City Fire Chief, Chief
of each Borough Fire Protection District or his authorized repre-
sentative.
(m) "Incinerator" means a furnace for the destruction of waste.
(n) "Installation" means the placement, assemblage or construction of
equipment or control apparatus at the premises where the equipment
or control apparatus will be used.
(o) "Outdoor fire" means^the burning of any matter in such a manner
that the products of combustion resulting from the burning are emit-
ted directly into the atmosphere without passing through an approved
stack, duct, vent, or chimney.
(p) "Owner" includes the person who leases, supervises or operates the
equipment or control apparatus.
(q) "Particulate matter" means any liquid other than water, or any solid
which is so finely divided as to be capable of becoming windblown or
being suspended into air or other gas vapor.
(r) "Process weight" means total weight of the materials consumed or
charged in any specific process including solid fuels charged, but
excluding liquid and gaseous fuels, and combustion air.
(s) "Process weight per hour" means process weight divided by the number
of hours from the beginning of any specific process to the comple-
tion of the process, excluding any time during which the equipment
used in the process is idle.
(t) "Person" means and includes any individual, firm, public or private
corporation, association, partnership, political subdivision, muni-
cipality or governmental agency.
(u) "Refuse burning equipment" means equipment as defined in Subsection
1.03 (i), designed to burn waste material, scrap, or combustible
remains.
(v) "Regulation" means any regulation or any subsequently adopted addi-
tion or amendments thereto of the Tri-Borough Air Resources Manage-
ment District.
(w) "Standard cubic foot of gas" means that amount of the gas which
would occupy a cube having dimensions of one foot on each side, if
the gas were free of water vapor and at a pressure of 14.7 P.S.I.A.
and a temperature of 60 degrees F.
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(x) "Waste (Industrial)" is any material resulting from a production or
manufacturing operation having no economic value to tne source pro-
ducing it.
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AIR POLLUTION CONTROL COMMISSION
ARTICLE III
(2.0) Section 3.01 AIR POLLUTION CONTROL COMMISSION
There is created the Air Pollution Control Commission of the Tri-Borough
Air Resources Management District, hereinafter known as the District,
the members of which shall be two members elected from each of the
Borough Assemblies of the Matanuska Susitna, Kenai and Greater Anchorage
Area Boroughs. The Commission shall appoint a director to act as an
advisor, as Commission secretary, and to perform such other functions as
provided in this chapter and as the Commission shall direct. The Com-
mission shall select its own Chairman from among the voting members.
(2.0) Section 3.03 TERM
The term of the members shall be for the duration of their service on
the separate Borough Assemblies. When a vacancy occurs, the Borough
Assembly, of which the vacating Commissioner was a member, shall elect
a new member to the Commission. Members of the Commission shall receive
a salary of $35 per meeting day and are entitled to per diem inthe
amount of $35 and travel expenses while attending Commission business.
(2.0) Section 3.05 MEETINGS
The Commission shall hold at least six regular meetings each year and
additional meetings which the Chairman considers desirable, at a place
and time to be fixed by the Chairman. Special meetings shall be called
by the Chairman upon the written request of four members. Four voting
members shall constitute a quorum. The Commission may receive admin-
istrative services from the Director.
(2.0) Section 3.07 POWERS
A. The Commission shall have power to:
1. Establish ambient air quality standards for the District after
public hearing.
2. Establish standards for or otherwise control emissions after
public hearing.
3. Adopt such rules and regulations as may be necessary to achieve
the objectives of the District after public hearing.
4. Hold such public hearings as it deems necessary for the admini-
stration and enforcement of its regulations and the State Law
and to compel the attendance of witnesses and production of
evidence. In holding such hearings, the Commission shall
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establish such rules or procedures as it finds reasonable and
necessary.
5. Issue such orders as may be necessary to effectuate the pro-
visions of this article and enforce them by appropriate admini-
strative judicial proceedings.
6. Require access to records relating to emissions which cause or
contribute to air contamination, but in strict conformity with
Section 3.21 of this article.
7. Sue or be sued in the name of the District in all actions and
proceedings in courts of competent jurisdiction.
8. Establish and maintain such offices as the Commission may autho-
ri ze.
9. Contract with one or more Boroughs (Municipalities), the State,
the Federal Government,or any agency of the State for the
services of competent personnel.
10. Receive by grant, purchase, gift, lease, or other means, such
real and personal property as may be necessary to carry on the
purpose of this article.
This shall include the right to dispose of such property when-
ever in the judgement of the Commission, such property is no
longer needed by the District.
B. . The Director shall have the power to:
1. Enforce the provisions of this article and all of the orders,
regulations, and rules adopted by Commission pursuant to this
article.
2. Enforce all variances and standards approved by the Commission.
3. Perform such other duties as may be assigned by the Commission
of required to administer this article.
4. Serve as a non-voting member and Secretary of the Commission.
(3.0) Section 3.09 CLASSIFICATION. REPORTING, AND REGISTRATION
(13.0)
A. The Commission, by rules or regulations, may classify and require the
registration of air contaminant sources, which in its judgement may
cause or contribute to air pollution, according to levels and types
of emissions and other characteristics which relate to air pollution,
and may require reporting for tfce classifications. Classifications
made under this subsection may be for application to the District
as a whole or to a designated area of the District and shall be made
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with special reference to effects on health, economic, and social
factors and physical effects on property.
B. A person operating or responsible for the operation of air con-
taminant sources of a class for which the rules and regulations
of the Commission require registration shall make reports con-
taining the information required by the Commission or the Director
concerning location, size and height of contaminant outlets,
processes employed, fuels used and nature and time periods or
duration of emissions; and other information relevant to air pol-
lution and available or reasonably capable of being assembled.
(2.0) Section 3.11 ADDITIONAL CONTAMINANT CONTROL MEASURES
A. The Commission may require that notice be given to it before the
undertaking of the construction, installation, or establishment
of particular types or classes of new air contaminant sources
specified in its rules and regulations. Within fifteen (15) days
of its receipt of the notice, the Commission may require, as a
condition precedent to this undertaking, the submission of plans
and other information it considers necessary in order to determine
whether the proposed undertaking will be in accord with applicable
rules and regulations in force under this article. If within
thirty (30) days of receipt of these, plans and information, the
Commission determines that the porposed undertaking will not be in
accord with the requirements of this article and applicable rules
and regulations, it shall issue an order prohibiting the undertaking.
Failure to issue the order within the time prescribed shall be
considered and approval of the plans and information and the under-
taking may proceed in accordance with them.
B. A person subject to an order or prohibition as prescribed in (A) of
this section, upon written request in accordance with rules of the
Commission, is entitled to a hearing before the Commission on the
order. Following the hearing the order may be affirmed, modified, or
withdrawn.
C. For the purpose of this article, addition to or enlargement or re;-
placement of an air contaminant source, or a major alteration of one,
shall be construed as an undertaking for the construction, instal-
lation or establishment of a new air contaminant source.
D. Any features, machines, or devices constituting parts of, or called
for by, plans or other information submitted under (A) of this sec-
tion or which may affect emissions classified under Section 3.09,
shall be maintained in good working order.
E. Nothing in this section may be construed to authorize the Commission
to require the use of machinery, devices, or equipment from a par-
ticular supplier or produced by a particular manufacturer if the
required performance standards may be met by machinery, devices or
equipment available from other sources.
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F. The absence of or Commission failure to issue a rule, regulation or
order under this section, does not relieve a person from compliance
with emission control requirements or other provisions of law.
G. The Commission may require the payment of a reasonable fee for the
review of plans and information required to be submitted.
(2.0) . Section 3.13 INSPECTION
For the purpose of ascertaining the state of compliance with this
article and appropriate rules and regulations, a duly authorized of-
ficer, employee or representative of the Commission may, at a reason-
able time and upon presentation of a proper search warrant, if necessary,
enter and inspect the property and premises where an air contaminant
source is located or is being constructed. No person may refuse entry
or access to an authorized representative of the Commission who requests
entry for purposes of inspection and who presents appropriate credentials;
nor may a person interfere with the inspection. The director shall give
the owner or operator of the premises a report setting out all facts
found which relate to compliance status.
(2.0) Section 3.15 EMISSION CONTROL REQUIREMENTS
The Commission may establish emission control requirements which in its
judgement are necessary to prevent, abate, or control air pollution.
These requirements may be for the District as a whole or may vary from
area to area as may be appropriate to facilitate accomplishment of the
purposes of this article and in order to take account of varying local
conditions.
(8.0) Section 3.17 EMERGENCY PROCEDURE
A. If the Director finds that a generalized condition of air pollution
exists and that it creates an emergency requiring immediate action
to protect human health or safety, he shall, with concurrence of
the Borough Chairman of the Borough in which the emergency arises,
order persons causing or contributing to such air pollution to
reduce or discontinue immediately the emission of such air contami-
nants. The order shall fix a place and time, not more than twenty-
four (24) hours later for a hearing before the Commission. Within
twenty-four (24) hours after commencement of the hearing and without
adjournment of it, the Commission shall affirm, modify or set aside
the order of the Director.
B. In the absence of a generalized condition of air pollution of the type
referred to in (A) of this section, but if the Director finds that
emissions from the operation of one or more contaminant source is
causing imminent danger to human health or safety, he may order the
person responsible for the operation in question to reduce or dis-
continue emissions immediately, without regard to Section 3.17 (A)
of this article. If an order is issued, the hearing requirements of
(A) of this section apply.
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(5.0) Section 3.19 VARIANCES
A. A person who owns or is in control of a plant, building, structure,
establishment, process, or equipment, may apply to the Commission
for a variance from rules or regulations. The Commission may grant
the variance, but only after public hearing following due notice,
if it finds that:
1. The emissions proposed to occur do not endanger human health or
safety; and
2. Compliance with the rules or regulations from which the variance
is sought would product serious hardship without equal or greater
benefits to the public.
B. No variance may be granted under this section until the Commission
has considered the relative interests of the applicant, other owners
or property likely to be affected by the emissions, and the general
public.
C. A variance or its removal, granted under (A) of this section, shall
be for periods and under conditions consistent with the reasons for
it and within the following limitations:
1. If the variance is granted on the grounds that there is no prac-
ticable means known or available for the adequate prevention,
abatement or control of the air pollution involved, it shall
apply only until the necessary means for prevention, abatement
or control become known and available, subject to the taking of
substitute or alternate measures that the Commission may
prescribe.
2. If the variance is granted on the grounds that compliance with
the particular requirement will necessitate the taking of
measures which because of their complexity or cost will involve
considerable hardship, it shall be for a period of time which in
the opinion of the Commission is necessary and reasonable. A
variance granted on this ground shall contain a timetable.
3. If the variance is granted on the grounds that it is justified
to relieve or prevent hardship of any kind, including those pro-
vided in (C) (1) and (2) of this section, it shall be for
not more than one year.
D. A variance granted under this section may be renewed on terms and
conditions and for periods which would be appropriate on initial
granting of a variance. If complaint is made to the Commission on
account of the variance, no renewal of it shall be granted unless,
after public hearing on the complaint following the notice, the
Commission finds that renewal is justified. No renewal may be
granted except upon application for it. This application shall be
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made at least sixty (60) days before the expiration of the variance.
Immediately upon receipt of an application for renewal, the Com-
mission shall give public notice of it.
E. A variance or renewal is not a right of the applicant but shall be
in the discretion of the Commission. However, a person adversely
affected by a variance or renewal granted by the Commission may
obtain judicial review of the Commission order. Judicial review
of the denial of a variance or renewal may be had only on the
grounds that the denial was arbitrary or capricious.
F. No variance or renewal granted under this section may be construed
to prevent or limit the emergency provisions of Section 3.17 of
this article.
(13.0) Section 3.21 CONFIDENTIALITY OF RECORDS
Unless the owner or operator expressly agrees to their publication or
availability to the general public, records and information in the pos-
session of the Commission concerning a contaminant source, which records
and information relate to production or sales figures or to processes
or production unique to the owner or operator and the publication of
would tend to adversely affect his competitive position, as certified
by him, shall be only for confidential use of the Commission on an
incamera basis in the administration of this article. The Commission
may, nevertheless, use these records and information in compiling
analyses of summaries relating to the general condition of the outdoor
atmosphere as long as the owner or operator is not identified and no
information specified in the preceding sentence is revealed.
(15.0) Section 3.23 LIMITATIONS
This article does not:
1. Grant to the Commission jurisdiction or authority with respect
to air contamination existing solely within commercial and
industrial plants, work or shops:
2. Affect the relations between employers and employees with respect
to or arising out of a condition of air contaminants or air pol-
lution.
3. Supersede or limit the applicability of a law or ordinance
relating to sanitation, industrial health or safety.
4. Preclude the right of judicial review of decisions of the Com-
mission.
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(15.0) Section 3.25 ENFORCEMENT
A. When the Director has reason to believe that a violation of this
article or rule or regulation issued under this article has
occurred, the Director may serve written notice upon the sus-
pected violator. The notice shall specify the provision believed
to be violated and the facts believed to constitute the violation
and may include an order that necessary corrective action be taken
within a reasonable time. This order shall become final unless
within fifteen (15) days after the notice and order are served the
person named requests in writing a hearing before the Commission,
which hearing shall be held within a reasonable time. In lieu of
an order, the Director may require the suspected violator to appear
before the Commission for a hearing at a time and place specified
in the notice and answer the charges.
B. If, after a hearing held under (A) of this section, the Commission
finds that a violation has occurred, it shall affirm or modify the
order previously issued or issue an appropriate order for taking
corrective action. If the Commission finds that no violation has
occurred, it shall rescind the previous order, if any. An order
issued as part of a notice or after a hearing may prescribe the date
by which the violation shall cease and may prescribe timetables for
necessary action in preventing, abating or controlling emissions.
C. The Commission or the Director may make efforts to obtain voluntary
compliance through warning, conference or other appropriate means.
D. In connection with a hearing held under this section, the Commission
shall have power and upon application by a party to the hearing it
shall have the duty to compel the attendance of witnesses and the
production of evidence on behalf of all parties.
(15.0) Section 3.27 PENALTIES
A. In addition to procedures provided in Section 3.25 of this article a
person who violates a provision of this article or a rule or regu-
lation in force under it, upon conviction, is punishable by a fine
not to exceed $300 and/or 30 days imprisonment. Each day of viola-
tion shall constitute a separate offense.
B. Conviction as specified in (A) of this section shall not be a bar
to enforcement of this article and the rules, regulations and orders
issued under it. The Commission shall have power to institute and
maintain in the name of the three Boroughs all enforcement proceed-
ings.
C. This article does not affect the right of a person to bring an action
for damage or other relief because of an injury caused by air pollu-
tion.
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REGISTRATION OF AIR POLLUTION SOURCES
ARTICLE V
(3.0) Section 5.01 REGISTRATION REQUIRED
All air contaminant sources within the jurisdiction of the District shall
be registered with the District within 90 days of the effective date of
this regulation except any of the air contaminant sources which are
listed in Exhibit "A", which is attached hereto and made part hereof,
as now contained or as hereafter amended.
(3.0) Section 5.03 GENERAL REQUIREMENTS FOR REGISTRATION
A. Registration of an installation shall be made by the owner or lessee
of the source, or his agent, on forms furnished by the District.
The owner of the source shall be responsible for registration and
the correctness of the information submitted.
B. A separate registration shall be required for each source of con-
taminant, provided that, an owner has the option to register a
process, with a detailed inventory of contaminant sources and
emissions related to said process; provided further that an owner
need not make a separate registration for identical units of equip-
ment or control apparatus installed, altered or operated in an
identical manner on the same premises.
C. Each registration shall be signed by the owner or lessee, or the
agent for such owner or lessee.
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EXHIBIT "A"
LIST OF EXCLUSIONS ADOPTED BY THE COMMISSION AND ATTACHED AS ADDENDUM
1. Air conditioning or ventilating systems not designed to remove
contaminants generated by or released from equipment.
2. Blast cleaning equipment which uses a suspension of abrasive in
liquid water.
3. Fuel burning equipment which has a BTU input of not more than
1,000,000 BTU per hour.
4. Fumigation vaults.
5. Insecticide spray equipment, not regularly used for hire.
6. Internal combustion engines, including gas turbine and jet engines,
which can be considered mobile sources.
7. Laboratory equipment used exclusively for chemical or physical
analyses.
8. Laundry driers, extractors or tumblers used exclusively for the
removal of water from fabric.
9. Routing, turning, carving, cutting and drilling equipment used for
metal, wood, plastics, rubber, leather or ceramics.
10. Portable equipment which is used within the District for less than
60 days.
11. Surface coating by use of aqueous solution or suspension.
12. Steam cleaning equipment used exclusively for that purpose.
13. Storage tanks, reservoirs, or containers:
a. Of a capacity of 6,000 gallons or less used for organic solvents,
diluents or thinners.
b. Of a capacity of 40,000 gallons or less used for liquid fuels
including gasoline, lubricating oil, tallow, vegetable oil or
wax emulsions.
14. Vacuum cleaning systems used exclusively for industrial, commercial
or residential housekeeping.
15. Vacuum producing devices used in laboratory operations, and vacuum
producing devices which do not remove or convey air contamination
from or to another source.
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16. Vents used exclusively for:
a. Sanitary or storm drainage systems; or
b. Safety valves; or
c. Storage tanks.
17. Washing or drying equipment used for products fabricated from metal
or glass, if no volatile organic material is used in the process.
18. Water cooling towers and cooling ponds, except for barometric con-
densers .
19. Welding, brazing, or soldering equipment.
20. Marine installation not within the District for longer than 60 days
per year.
21. Asphalt, laying equipment.
22. Incidental fires for the disposal of trees and brush accumulated
during land clearing operations.
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NOTICES OF CONSTRUCTION AND ORDERS OF APPROVAL
ARTICLE VII
(3.0) Section 7.01 NOTICE OF CONSTRUCTION - WHEN REQUIRED
A. No person shall construct, install or establish a new air contami-
nant source, except those sources excluded in Exhibit "A" of Section
5.01 of this Regulation, without first filing with the District
a "Notice of Construction and Application for Approval" on forms
prepared and furnished by the District and obtaining said approval;
provided that, for the purposes of this Article alterations shall
be construed as construction or installation or establishment of
a new contaminant source.
B. A Notice of Construction and Application for Approval shall not be
required to commence on alteration of equipment or control apparatus
in the event of breakdown of if delaying the alteration may endanger
life or have other serious consequences. The District shall be
notified in writing of the alteration on the first working day after
the alteration is commenced and a Notice of Construction and Appli-
cation for Approval shall be filed within fourteen (14) days after
the day the alteration is commenced.
C. A separate Notice of Construction and Application for Approval shall
be submitted for each unit of equipment or control apparatus, unless
identical units of equipment or control apparatus are to be
installed, constructed or established in an identical manner on the
option to give notice and apply for approval of a process with a
detailed inventory of contaminant sources and emissions related to
said process.
(3.0) Section 7.03 INFORMATION REQUIRED FOR NOTICE OF CONSTRUCTION AND
APPLICATION FOR APPROVAL
A. Within fifteen (15) days of its receipt of a Notice of Construction
and Application for Approval for the construction, installation, or
establishment of a new air contaminant source, as above described,
the Director or the Commission may require that two sets of plans
be submitted which show and describe in detail the following:
1. The equipment or control apparatus covered by the Notice and
Application.
2. Any equipment, connected, attached to, or serving or served by
the unit of equipment or control apparatus covered by the Notice
and Application.
3. A plat plan, including the location and height of buildings
within the area which may be adversely affected by the equipment
to be installed.
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4. The proposed means for the prevention or control of the emis-
sions of air contaminants.
5. Any additional information, evidence or documentation required
by the Director or the Commission to show that the proposed
equipment or control apparatus will meet the emission standards.
6. Each Notice of Construction and Application for Approval shall
be signed by the applicant or owner, who may be required to
submit evidence of his authority.
(3.0) Section 7.05 ISSUANCE OF APPROVAL OR ORDER
A. Within thirty (30) days of receipt of Notice of Construction and
Application for Approval, or the plans described in Subsection 7.03
(A), the Director or the Commission shall issue an Approval of
Construction, or an order that the construction, installation or
establishment of a new air contaminant source will not be in accord
with the applicable emission standards as are in effect at the time
of filing the Notice of Construction and Application for Approval.
B. No approval will be issued unless the information supplied as
required by Subsection 7.03 (A) evidence to the Commission that:
1. The equipment is designed and will be installed to operate
without causing a violation of the emission standards.
2. The equipment incorporates advances in the art of air pollution
control developed for the kind and amount of air contaminant
emitted by the equipment.
3. Equipment having a stack or duct three feet or more in diameter
will be provided with:
a. Sampling ports of a size, number and location as the Director
or the Commission may require; and
b. Safe access to each port; and
c. Such other reasonable sampling and testing facilities as
the Director or the Commission may require.
4. Fuel burning equipment and refuse burning equipment will achieve
optimum combustion of the fuel or refuse material to be burned.
5. All parts of the equipment can be readily cleaned or repaired.
C. If the Director or the Commission determines that the construction,
installation, or establishment of a new air contaminant source will
not meet the emission standards, the Director of the Commission shall,
within thirty(30) days of receipt of the Notice and Application or
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the plans described in Subsection 7.03 (A), issue an order for the
prevention of the construction, installation or establishment of
the air contaminant.source or sources, and:
1. The order shall be in writing;
2. The order shall set forth objections in detail with references
to the emission standards that will not be met by the proposed
construction, installation or establishment;
3. The order shall be signed by the Director or his authorized
representative.
D. Any order issued pursuant to this section, shall become final unless,
no later than fifteen (15) days after the order is served the owner
or applicant petitions in writing for a reconsideration of the order
with reasons for the reconsideration.
1. The Director or the Commission shall consider the petition and
shall within thirty (30) days give written notice of approval or
disapproval of the petition setting forth the reasons for dis-
approval .
2. If the petition of the owner or applicant be disapproved, the
owner or applicant may petition the Commission for a hearing
within fifteen (15) days of receipt of the notice of disapproval.
E. Failure to issue such an order or approval within the time prescribed
herein shall be deemed a determination that the construction, instal-
lation or establishment may proceed, provided that it is in accord-
ance with the plans, specifications or other information, if any,
required to be submitted. Such failure, however, shall not relieve
any person from his obligation to comply with any emission control
requirement, or with any other provision of law.
(2.0) Section 7.07 NOTICE OF COMPLETION - ORDER OF VIOLATION
A. The owner or applicant shall notify the Director or the Commission
of the completion of construction, installation or establishment
and the date upon which operation will commence. The Director or
the Commission shall, within thirty (30) days of receipt of notice
of completion, inspect the construction, installation or establish-
ment, and the Director or the Commission may issue an order of
violation if he finds that the construction, installation or
establishment is not in accord with the plans, specifications or
other information submitted to the District, or will be in violation
of the emission standards in existence at the date the order was
issued.
B. Upon receipt of an Order of Violation, the owner may appeal said
order in accordance with the procedures in Section 3.25 A of this
regulation.
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C. The issuance of approval as provided by this Article and Section
7.05, shall not relieve the owner of the obligation to comply with
the emission standards as adopted by the Commission or prevent
the Director or Commission from issuing such orders as provided by
Section 3.25 A of this regulation.
(2.0) Section 7.09 CONDITIONAL APPROVAL
The owner or applicant may request a conditional approval for an experi-
mental installation, construction or establishment and said approval may
be issued by the Director or the Commission if it appears to the
Director or the Commission from all submitted information, that the
installation, construction or establishment when completed, will satisfy
the District's emission standards.
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EMISSION STANDARDS
ARTICLE IX
(50.1.2) Section 9.01 EMISSION OF AIR CONTAMINANT: VISUAL STANDARD
A. It shall be unlawful for any person to cause or allow the emission
of any air contaminant for a period or periods aggregating more
than three (3) minutes in any one hour, which is:
1. Darker in shade than that designated as No. 2 (40% density) on
the Ringelmann Chart, as published by the United States Bureau
of Mines; or
2. Of such opacity as to obscure an observer's view to a degree
greater than does smoke described in Section 9.01 (A)(l).
3. Five (5) years after the effective date of the ordinance, all
sources in the District shall comply with Section 9.01 B.
B. It shall be unlawful for any person to cause or allow the emission of
any air contaminant fron: any equipment installed subsequent to the
effective date of this regulation for a. period or periods aggregating
more than three (3) minutes in any one hours, which is:
1. Darker in shade than designated as No. 1 (20% density) on the
Ringelmann Chart, as published by the United States Bureau of
Mines; or
2. Of such opacity as to obscure an observer to a degree greater
than does smoke described in Section 9.01 (B)(l).
C. The density or opacity of an air contaminant shall be measured at
the point of emission, except when the point of emission cannot be
readily observed, it may be measured at an observable point of the
plume nearest the point of emission.
/
D* This section shall not apply when the presence of uncombined water
is the only reason for failure of the emission to meet the require-
ments of this section.
E. This section shall not apply to motor vehicle or aircraft emissions.
(50.1) Section 9.03 PARTICULATE MATTER
A. It shall be unlawful for any person to cause or allow the discharge
of particulate matter which becomes deposited upon the real property
of others, except as follows:
1. When emissions are in compliance with Section 9.01.
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2. Temporarily due to breakdown of equipment, provided that repairs
are promptly made.
3. During the time for compliance with the regulation fixed by the
Director or the Commission.
(50.1) Section 9.05 EMISSION OF PARTICULATE MATTER (GRAIN LOADING)
Except as otherwise provided in Section 9.07 and Section 9.09, a person
shall not discharge into the atmosphere from any source, particulate
matter in excess of 0.3 grain per standard cubic foot of exhaust gas.
(50.1.1) Section 9.07 EMISSION OF PARTICULATE MATTER (PROCESS WEIGHT STANDARD)
A. A person shall not cause or allow the emission of particulate matter
from any source whatsoever in excess of the amount shown in Table 2.
B. A person shall not cause or allow the emission of particulate matter
from any source installed subsequent to the effective date of this
regulation in excess of the amount of Table 1.
C. Five (5) years after the effective date of the ordinance, all sources
in the District shall comply with Section 9.07 B.
(50.0) Section 9.09 SPECIFIC CONTAMINANTS
A person shall not discharge into the atmosphere from any single source
of emission whatsoever any one or more of the following contaminants,
in any state or combination thereof, exceeding in concentration at the
point of discharge:
A. Sulfur Compounds calculated as sulfur dioxide (S02) above 500 parts
S02 per million parts of exhaust gas.
B. Combustion Contaminants: 0.3 grain per cubic foot of gas calculated
to 12 percent of carbon dioxide (C02) at standard conditions. In
measuring the combustion contaminants from incinerators used to
dispose of combustible refuse by burning, the carbon dioxide (C02)
produced by combustion of any liquid or gaseous fuel shall be ex-
cluded from the calculation to 12 percent of carbon dioxide (C02).
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TABLE I
PROCESS WEIGHT MAXIMUM ALLOWABLE PARTICIPATE MATTER
(Ib./hr.)(Ib./hr.)
100 0.6
300 1.2
500 1.8
700 2.2
1000 2.8
2000 4.1
3000 5.4
4000 6.5
5000 7.6
6000 8.6
7000 9.5
8000 10.4
9000 11.2
10,000 12.0
15,000 15.0
20,000 19.2
30,000 25.2
40,000 30.5
50,000 36.0
60,000 or more 40.0
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TABLE 2
PROCESS WEIGHT MAXIMUM ALLOWABLE PARTICULATE EMISSION
(Ib./hr.)(Ib./hr.)
100 0.6
300 1.2
500 1.8
700 2.2
1,000 2.8
2,000 4.1
3,000 5.4
4,000 ' 6.5
5,000 7.6
6,000 8.6
7,000 9.5
8,000 10.4
9,000 11.2
10,000 12.0
15,000 15.8
20,000 . 19.2
30,000 25.2
40,000 30.5
50,000 36.0
60,000 40.0
80,000 48.0
100,000 55.0
140,000 65.0
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TABLE 2 (Cont.)
PROCESS HEIGHT MAXIMUM ALLOWABLE PARTICIPATE EMISSION
(Ib./hr.)(Ib./hr.)
180,000 73.0
220,000 78.0
260,000 83.0
300,000 85.0
400,000 92.0
800,000 109.0
1,000,000 114.0
2,000,000 ' 127.0
4,000,000 138.0
6,000,000 143.0
8,000,000 147.0
10,000,000 150.0
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(2.0) Section 9.11 EMISSION OF AIR CONTAMINANT OR WATER VAPOR:
DETRIMENT TO PERSON OR PROPERTY
A. It shall be unlawful for any person to cause or permit the emission
of an air contaminant or water vapor including an air contaminant
whose emission is not otherwise prohibited by this regulation, if
the air contaminant or water vapor causes detriment to the health,
safety, or welfare of any person, or causes damage to property or
business.
B. Nothing in this regulation shall be construed to impair any cause of
action or legal remedy therefore of any person, or the public for
injury or damages arising from the emission of any air contaminant
in such place, manner or concentration as to constitute air pollu-
tion or a common law nuisance.
(50.6) Section 9.13 ODOR AND NUISANCE CONTROL MEASURES
A. Effective control apparatus and measures shall be installed and
operated to reduce odor-bearing gases or particulate matter emitted
into the atmosphere to a reasonable minimum.
B. The Commission may establish reasonable requirements that the build-
ing or equipment be closed and ventilated in such a way that all the
air, gases, and particulate matter are effectively treated for
removal or destruction of odorous matter or other air contaminants
before emission to the atmosphere.
C. Odors caused by farm animals shall not be covered by these regula-
tions.
(2.0) Section 9.15 EMISSION OF AIR CONTAMINANT: CONCEALMENT AND MASKING
RESTRICTED
A. It shall be unlawful for any person to willfully cause or permit the
installation or use of any device or use of any means which, without
resulting in a reduction in the total amount of air contaminant
emitted, conceals an emission of air contaminant which would other-
wise violate these regulations.
B. It shall be unlawful for any person to cause or permit the installa-
tion or use of any device or use of any means designed to mask the
emission of an air contaminant which causes detriment to health,
safety, or welfare of any person.
(50.1) Section 9.17 PREVENTING PARTICIPATE MATERIAL FROM BECOMING AIRBORNE
A. It shall be unlawful for any person to cause or permit particulate
matter to be handled, transported or stored without taking reason-
able precautions to prevent the particulate matter from becoming
airborne.
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B. Within the boundaries of the Greater Anchorage Area Borough:
1 It shall be unlawful for any person to cause or permit a
building or its appurtenances or a road to be construed, altered
repaired, or demolished without taking reasonable precautions
to prevent particulate matter from becoming airborne.
2. It shall be unlawful for any person to cause or permit untreated
open areas including but not limited to roads, parking lots or
construction sites located within a private or public lot or
roadway, to be maintained without taking reasonable precautions
to prevent particulate matter from becoming airborne.
(7.0) Section 9.19 REPORT OF BREAKDOWN
(13.0)
A. Emissions exceeding any of the limits established by this regulation
as a direct result of unavoidable upset conditions or unavoidable
and unforseeable breakdown of equipment or control apparatus shall
not be deemed in violation provided the following requirements are
met:
1. The upset or breakdown is reported to the Director or the Com-
mission within twenty-four (24) hours.
2. The person responsible shall upon the request of the Director
or the Commission submit a full report including a time table
for the restoration of control, the known causes, and the pre-
ventative measures to be taken to minimize or eliminate a re-
occurrence.
3. The Director or the Commission shall review the report and
determine the adequacy of measures taken to control the emis-
sions.
(51.13) Section 9.21 OUTDOOR FIRES
A. Within the boundaries of the Matanuska-Susitna Borough and the Kenai
Peninsula Borough:
1. It shall be unlawful for any person to cause or allow a fire for
the burning of dumps or sanitary landfills or the burning of
industrial waste material which does not comply with the emis-
sion control requirements of this ordinance.
2. All other outdoor fires shall be exempted from the regulations
of the Commission.
B. Within the boundaries of the Greater Anchorage Area Borough it shall
be unlawful for any person to cause or allow any outdoor fire except
the following:
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1. Fires for pleasure, religious, ceremonial, cooking, or like
social purposes.
2. Fires from flares, torches, waste gas burners, incense burner
and insect pots.
3. A fire authorized by the fire chief for the disposal of dangerous
materials, provided no alternate means of disposal is reasonably
available.
4. A fire authorized by the fire chief for instruction in the
method of fighting fires or testing of fire resistive materials
and fire.
5. A fire for the disposal of trees and brush accumulated during
land clearing provided that:
a. The fire shall only be allowed in the non-urban areas of the
Greater Anchorage Area Borough as defined by the Borough
. Planning Office.
b. The person responsible for such fire shall obtain a proper
permit for such fire and shall comply with all the laws
and regulations of the Commission, the Fire Chief, and all
other governmental agencies regarding such fires.
6. A fire for the disposal of household refuse in areas of the
Greater Anchorage Area Borough where municipal or Public Service
Commission sanctioned refuse collection service is not avail-
able.
C. It shall be prima facie evidence that the person who owns or controls
property on which an outdoor fire occurs has caused or allowed said
outdoor fire.
(2.0) Section 9.23 SEPARABILITY
If a provision of this regulation is declared unconstitutional, or the
application thereof to any person or circumstance is held invalid, the
constitutionality or validity of every other provision of this regulation
shall not be affected thereby.
(6.0) Section 9.25 SCHEDULE FOR COMPLIANCE
All facilities in existence on or before the effective date of this regu-
lation and not in compliance with the regulation, shall submit in writing
to the Director or the Commission, a schedule for compliance with the
regulation. The schedule shall include such information as the Director
or the Commission shall require to determine whether or not compliance
will be achieved in a reasonable time. If accepted by the Director or
the Commission, it shall be the official compliance schedule for the
facility.
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TABLE OF CONTENTS
FAIRBANKS NORTH STAR BOROUGH
TITLE 45.- POLLUTION
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(5.0)
(8.0)
(15.0)
(15.0)
(14.0)
Regulation
Number
45.05.010
45.05.020
45.05.030
45.05.040
45.05.050
45.05.060
45.05.070
45.05.080
45.05.090
45.05.100
45.05.110
45.05.120
45.05.130
Title
Title
Purpose
Def i ni ti ons
Pollution Control
Commission
Pollution Control
Of f i cer
Violations
Emission Limitations
Existing Equipment or
Devices Currently in
Operation or Construc-
tion
Variances
Emergency Procedure
Injunctive Relief
Enforcement
Confidentiality of
Page
42
42
42
43
46
47
48
49
49
51
51
52
53
(2.0)
45.05.140
Records
Severability
53
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CHAPTER 5 - AIR POLLUTION CONTROL
(2.0) Section 45.05.010 TITLE
This chapter shall be known as the Fairbanks North Star Borough Air
Pollution Control Ordinance.
(2.0) Section 45.05.020 PURPOSE
The declared purpose of this chapter is to preserve and maintain the
purity of the air to a degree that will protect human health and safety,
prevent injury to plant and animal life and property, safeguard the
quality of the environment, maintain safe driving and flying visibility,
and preserve the quality of life of the inhabitants of the Fairbanks
North Star Borough.
(1.0) Section 45.05.030 DEFINITIONS
Unless the context requires otherwise, in this chapter:
(a) "air contaminant" means any particulate matter or any vapor or
odorous substance or any gas or combination thereof, except that
the non-radioactive nucleides of oxygen, nitrogen or the noble
gases shall not constitute an air contaminant, nor shall concen-
trations of water vapor and carbon dioxide less than equal to the
concentration in the ambient atmosphere constitute an air con-
taminant;
(b) "air pollution" means the presence in the outdoor atmosphere of one
or more air contaminants in such quantities, characteristics, or
duration as to be injurious to human health or welfare, or animal
or plant life or health of property, or would interfere with the
enjoyment of life or property;
(c) "assembly" means Fairbanks North Star Borough Assembly;
(d) "borough" means Fairbanks North Star Borough;
(e) "commission" means Fairbanks North Star Borough Pollution Control
Commission;
(f) "emission" means a release into the outdoor atmosphere of air con-
taminants;
(g) "garbage" means discarded animal or vegetable matter from a kitchen;
(h) "officer" means Pollution Control Officer of the Fairbanks North
Star Borough;
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(i) "open burning1 means any combustion of material not completely
enclosed within containing walls on all sides except for intake
or charging ports and an exhaust port or flue (For the purposes
of this chapter, use of a barrel with one end removed (burn barrel)
for incineration constitutes "open burning". Use of a barrel stove,
Franklin stove or Yukon stove does not constitute open burning);
(j) "person" means any individual, partnership, co-partnership, firm,
company, public or private corporation, association, trust, estate,
or any agency or board, department or bureau of the borough or the
cities contained therein, or any other legal entity;
(k) "Ringelmann Chart" means a chart published by the United States
Bureau of Mines used to measure the density or opacity of visible
emissions of air contaminants;
(1) "temperature inversion" means an atmospheric condition in which the
air temperature increases with an increase in altitude; and
(m) "untreated wood" means wood that has been modified from its natural
condition only by cutting, breaking, drying or absorption of moisture
(Wood or wood fiber that has been painted or artificially impreg-
nated with volatile chemicals does not constitute untreated wood.
For purposes of this chapter, plywood may be considered as untreated
wood.)
(2.0) Section 45.05.040 POLLUTION CONTROL COMMISSION
There is hereby created the Fairbanks North Star Borough Pollution Con-
trol Commission, which shall consist of nine (9) voting members. Such
members shall be appointed by the Borough Chairman, subject to con-
firmation by the Assembly.
(a) Commission Members. The Commission members shall be borough resi-
dents and, insofar as practicable, shall include:
(1) a licensed physician;
(2) a professional engineer experienced in construction and air
pollution control techniques, or a scientist with professional
experience in local meteorological conditions and in the
measurement and classification of air contaminants;
(3) a representative of industry who is familiar with air pollution
control problems;
(4) a member of a local sportsman's conservation or civic group,
who by his activities in such organization has demonstrated a
personal concern for environmental quality;
(5) a representative of the agricultural community who is familiar
with the air pollution problems.
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(6) four members at large;
(b) Ex-officio Members. The following persons may sit as ex-officio
members of the Commission:
(1) the Pollution Control Officer
(2) the Borough Chairman
(3) the Borough Planning Director
(4) the Chairman of the Borough Planning Commission
(5) the Borough Attorney
(c) Chairman and Vice Chairman. The Commission shall select its Chair-
man and Vice Chairman from its own voting members.
(d) Terms of Office of Commission Members. The term of a Commissioner
shall be three (3) years, beginning on the first day of January.
Terms shall be arranged so that at least two (2) members are ap-
pointed annually.
(e) Vacancies. When vacancies among voting members in the Commission
occur through resignation, death, termination of residence in the
borough, or removal for cause, the Borough Chairman shall appoint
a member subject to confirmation by the Assembly to serve the
remainder of the unexpired term.
(f) Removal for Cause. For good cause shown, the Borough Assembly may
remove a voting member of the Commission by a two-thirds vote at
a public meeting. Non-attendance at four successive meetings or
hearings of the Commission may constitute good cause for the pur-
poses of this section.
(g) Regular Meetings. This Commission shall meet at least once each
month. So far as practicable, regular meetings shall be held on
the same day of the week and at the same location each month.
(h) Special Meetings. Special Meetings may be called upon two days
notice to the members of the Commission; however, emergency meetings
may be called on less tban two days notice. Special meetings may
be called by any two voting members, by the Commission Chairman or
by the Borough Chairman.
(i) Quorum. A majority of the Commission shall constitute a quorum for
the transaction of business and five affirmative votes shall be
necessary to carry a question.
(j) Expenses and Salaries. No voting member of the Commission shall
receive a salary forhis services.
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(k) Powers and Duties.
(1) The Commission shall be notified and may make recommendations
for air pollution provisions in any proposed ordinance re-
lating to building construction and/or relating to permits for
building construction.
(2) The Commission shall, upon the issuance of an emergency order
by the Officer pursuant to Section 45.05.100, hold a hearing
within 24 hours of the issuance of the emergency order.
According to the provisions of said section, the Commission
may affirm, modify, or set aside the order of the Officer.
(3) The Commission may propose ordinance or amendments to ordi-
nances for consideration by the Assembly that would serve to
protect and enhance the quality of the air within the borough.
Prior to the submission of proposed ordinances to the Assembly,
the Commission shall hold public hearings for the purpose of
receiving the testimony.
(4) The Commission may promulgate appropriate rules and regulations
implementing this chapter that shall become effective after
approval by the Borough Chairman and approval by the Assembly.
Prior to the submission of the proposed regulations to the
Assembly, the Commission shall hold public hearings for the pur-
pose of receiving testimony.
(5) The Commission may fully investigate nuisances, health hazards
and other harmful effects related to or caused by air pollution.
Such investigations may be instituted by the Commission on its
own motion, on information from the Officer, or upon complaints
received from private persons within the borough.
(6) The Commission shall develop comprehensive plans for the pre-
vention, abatement, and control of air pollution in the
borough. Such plans may include recommendations on subjects
including, but not limited to, zoning, taxation, research and
public relations.
(1) Public Hearings.
(1) On those matters which require a public hearing, the Commission
shall adopt such procedures as shall most effectively assure
full participation by all interested persons. The time, place
and agenda of the hearing shall be published in a newspaper
of general circulation within the borough not less than five
(5) days prior to the hearing. For the purposes of this sec-
tion no hearing on any subject shall be held unless the subject
has been included in the published agenda. This subsection
shall not apply to emergency hearings held according to the
provisions of Section 45.05.100.
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(2) Any person who will be specifically affected or whose property
will be specifically affected by action of the Commission at
a hearing shall be given, whenever practicable:
(A) five days prior to the hearing, notice of the hearing
date, time, and place;
(B) an opportunity to be heard at the hearings; and
(C) a written decision of the Commission with findings and
conclusions respecting that person or his property.
(2.0) Section 45.05.050 POLLUTION CONTROL OFFICER
There is created the office of Pollution Control Officer. The Officer
shall be directly responsible to the Borough Chairman for the implemen-
tation of policies and programs instituted pursuant to this chapter.
(a) Responsibilities.
(1) The Officer shall have the responsibility of investigation to
further the purposes of this chapter including, but not
limited to:
(A) investigation of citizen complaints;
(B) such investigation as the Commission or Borough Chairman
may direct; and
(C) authority to inspect equipment, structures, and operations
and to make measurements on private property at reasonable
hours and with proper notice to the occupant of the
premise.
(2) The Officer shall conduct such surveys and research as is
necessary to assist the Commission in the drafting of regula-
tions and ordinances.
(3) The Officer shall to the extent practicable encourage the
voluntary cooperation by persons and affected groups to
achieve the purposes of this chapter or regulations pursuant
thereto.
(4) The Officer has the authority to issue citations to alleged
violators of this chapter requiring the alleged violators to
appear in a court of law.
(5) All zoning changes within the borough shall be brought to the
attention of the Officer by the Borough Planning Director prior
to the time notice is given for any public Planning Commission
hearing. If the Officer feels that the proposed zoninq chanae
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will affect the air quality of the borough, he shall issue a
report to the Planning Commission and Pollution Control
Commission. The report may recommend approval, modification
or disapproval of the proposed zoning change in the interest
of maintaining or enhancing the air quality of the borough.
(6) The Officer shall seek voluntary cooperation of citizens, but
has the authority to secure judicial search warrants for
conducting routine or area inspection with regard to air pol-
lution of any particular place, dwelling, structure, premise,
or vehicle.
(2.1) Section 45.05.060 VIOLATIONS
(a) It shall be unlawful for any person to operate or maintain any
structure, device, machinery, open fire, or other instrumentality
that discharges any air contaminant into the atmosphere which
results in the contamination of the air above public property or
above the private property of another person that:
(1) causes irritation to eyes, to the respiratory tract, or any
other organ system to such a degree as to be harmful to human
beings; or
(2) presents a safety hazard by significantly restricting visi-
bility for the operation of automobiles and aircraft. This
subsection shall not apply when the presence of uncombined
water vapor is the only reason for the failure of the emission
to meet the requirements of this section.
(b) It shall be unlawful for any person to engage in the open burning of
hydrocarbons or organic substances which is likely to result in the
emission of dense black smoke or obnoxious vapors including, but
not limited to, petroleum products, plastics, rubber, asphalt, and
asphalt-impregnated materials, except as stipulated in Section
45.05.060 (d) or except as may be authorized by the Officer in a
special permit issued to municipal, State or Federal agencies.
(c) It shall be unlawful for any person to engage in the open burning of
garbage or other putrescible animal or vegetable matter. This sec-
tion shall not apply to the disposal of refuse from a single family
in areas where garbage collection services are unavailable. Nothing
in this section shall be construed to limit the responsibility of
compliance with the provisions of Section 45.05.060 (a).
(d) It shall be unlawful for any person to engage in the open burning of
trees, grasses, slashings, brush, and stumps except by permit from
the Officer or his authorized representative. This section shall
not apply when burning results from land clearing operations from
a land area aggregating less than ten (10) acres. The decision
whether the permit will be granted or denied will be based on the
location of the burning, the meteorological conditions at the time
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of the requested burning, the level of contaminants that may be
expected to result from the burning and the benefits that would
result from the burning. The Officer may also specify in the
permit the manner in which the burning is to be carried out. For
purposes of effecting a cleaner and more efficient fire, the permit
issued by the Officer may grant an exemption to Section 45.05.060
(b).
(e) During periods in which a temperature inversion exists or is fore-
cast to exist below an elevation of 2500 feet above sea level, and
after the Officer issues a public order prohibiting all open burn
ing, it shall be unlawful for any person to engage in open burning.
For purposes of this section, the Officer shall have the discretion
to issue a public order, and to designate specific regions of the
borough within which the prohibition shall apply. The order shall
be effective when broadcast on radio or television or upon publi-
cation in a newspaper of general circulation in the borough. The
order prohibiting open burning shall be withdrawn when the inver-
sion below 2500 feet elevation above sea level dissipates and when
it is not likely to become reestablished below 2500 feet elevation
above sea level within the next twenty-four (24) hours.
(2.0) Section 45.05.070 EMISSION LIMITATIONS
It shall be unlawful for any person to maintain or operate a single
source of emission whatsoever that discharges into the atmosphere any
contaminant darker in shade or of such opacity to obscure an observer's
view to a degree equal to or greater than that designated on the
Ringelmann Chart, U.S. Bureau of Mines, as specified herein.
No person shall discharge in excess of No. 1 on the Ringelmann Chart
except:
(a) emission not to exceed No. 3 (on said chart) for a period aggre-
gating not more than five minutes out of each hour nor more than
forty (40) minutes in a twenty-four (24) hour period is permitted;
(b) when the presence of uncombined water vapor is the only reason for
the failure of the emission to meet the limitations of this section;
(c) when a permit has been obtained from the Officer to exceed the
limits of this section for purposes of plant startup (No permit
shall be valid for a length of time in excess of forty-eight (48)
hours nor shall a permit be granted for any single source more than
four (4) times each year. The permit shall establish upper limits
of emissions for the period in which the permit is in effect.);
(d) vehicular emissions not to exceed No. 2 (on said chart) for a period
not to exceed five (5) seconds are permitted;
(e) hot mix asphalt plants may discharge up to Ringelmann No. 3 for a
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period not to exceed four (4) minutes during startup and shutdown;
and
(f) smoke that results from the burning of untreated wood for purposes
of cooking food or heating of a dwelling.
(2.0) Section 45.05.080 EXISTING EQUIPMENT OR DEVICES CURRENTLY IN OPERATION
OR UNDER CONSTRUCTION
Any equipment or device which is in operation or under construction
prior to the date of adoption of this chapter or regulations pursuant
thereto, and which equipment does not meet the provisions of this chapter
or regulations pursuant thereto, shall be modified in a manner to bring
said equipment into compliance within three years of the effective date
of this chapter or regulations pursuant thereto.
(a) The Commission may upon petition grant for good cause shown, but
only after public hearing following due notice, an exemption from
the provisions of this chapter and the regulations pursuant thereto,
for a period of time the Commission deems necessary for the equip-
ment to be brought into compliance with the provisions of this
chapter and regulations pursuant thereto. No extension may be
granted to persons who are not, at the time of filing of the
petition, making efforts in good faith to bring their devices or
operations into compliance with the provisions of this chapter or
regulations pursuant thereto.
(b) The Commission may modify or terminate said exemption.
(5.0) Section 45.05.090 VARIANCES
(a) A persons who owns or is in control of a plant, building, structure,
establishment, process or equipment may apply to the Commission for
a variance from rules or regulations. The Commission may grant the
variance, but only after public hearing following due notice, if it
finds that:
(1) the emissions occurring or proposed to occur do not endanger
human health or safety; and
(2) compliance with the rules and regulations from which variance
is sought would produce serious hardship without equal or
greater benefits to the public.
(b) No variance may be granted under this section until the Commission
has considered the relative interests of the applicant, other owners
of property likely to be affected by the emissions and the general
public.
(c) A variance or its renewal, granted under (a) of this section, shall
be for periods and under conditions consistent with the reasons for
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it and within the following limitations:
(1) if the variance is granted on the ground that there is no
practicable means known or available for the adequate pre-
vention, abatement or control of the air pollution involved,
it shall be only until the necessary means for prevention,
abatement or control become known and available, subject to
the taking of substitute or alternate measures that the
Commission may prescribe;
(2) If the variance is granted on the ground that compliance with
the particular requirement from which variance is sought will
necessitate the taking of measures which, because of their
extent or cost must be spread over a considerable period, it
shall be for a period not to exceed the reasonable time which,
in opinion of the Commission, is necessary. A variance
granted on this ground shall contain a timetable for taking
action in an expeditious manner and shall be conditioned on
adherence to the timetable; and
(3) if the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that
provided in (c), (1), and (2) of this section, it shall be for
not more than one year.
(d) A variance granted under this section may be renewed on terms and
conditions and for periods which would be appropriate on initial
granting of a variance. If complaint is made to the Commission on
account of the variance no renewal of it shall be granted unless,
after public hearing on the complaint following due notice, the
Commission finds that renewal is justified. No renewal may be
granted except upon application for it. This application shall be
made at least 60 days before the expiration of the variance.
Immediately upon receipt of an application for renewal the Commis-
sion shall give public notice of it.
(e) A variance or renewal shall not be a right of the applicant but
shall be in the discretion of the Commission. However, a person
adversely affected by a variance or renewal granted by the Commis-
sion may seek review de novo in the Superior Court of the State of
Alaska. Judicial review of the denial of a variance or renewal
may be had only on the ground that the denial was arbitrary or
capricious.
(f) No variance or renewal granted under this section may be construed
to prevent or limit the application of the emergency provisions of
Section 45.05.100.
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(8.0) Section 45.05.100 EMERGENCY PROCEDURE
If the Officer finds that a generalized condition of air pollution exists
and that it creates, or is in imminent danger of creating, an emergency
requiring immediate action to protect human health or safety, he shall,
with the concurrence of the Borough Chairman, order the person or persons
causing or contributing to the air pollution to reduce or discontinue
immediately the emission of air contaminants. The order shall fix a
place and time, not more than 24 hours later, for a hearing to be held
before the Commission. Within 24 hours after the commencement of the
hearing, and without adjournment of it, the Commission in a written deci-
sion with findings of fact and conclusion may affirm, modify or set aside
the order of the Officer. A person aggrieved by a decision reached pur-
suant to this section by the Commission may appeal to the Assembly for
review de novo.
(15.0) Section 45.05.110 INJUNCTIVE RELIEF
In the name of the borough, the Borough Attorney may with the concurrence
of the Commission seek an injunction to enjoin any person who operates or
maintains any structure, device, machinery, open fire or other instrumen-
tality that discharges into the atmosphere any air contaminant which
results in the contamination of the air above public property or above
three or more separately-owned parcels of real property which:
(a) is offensive, obnoxious, odoriferous, or opaque to the extent that
substantial reduction in the value of adjacent property occurs, or
is reasonably expected to occur;
(b) renders adjacent property uninhabitable;
(c) causes detectable aggravation or exacerbation of respiratory, circu-
latory, or skin diseases, or other disease states of human beings;
(d) damages the health of domestic livestock or damage vegetation to
such a degree as to render it unmarketable, or to cause a substan-
tial reduction in its value, or in any other manner renders its
production more costly;
(e) damages wildlife or indigeneous vegetation to such a degree as to
measurably reduce the carrying capacity of the land for wildlife;
(f) impairs the value of properties, whether public or private, for re-
creational purposes; or
(g) causes noticeable or measurable damage to buildings, materials,
paint surfaces, fabrics, and textile pigments.
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(15.0) Section 45.05.120 ENFORCEMENT
(a) Fines and Punishments. Any person found in violation of the provi-
sions of this chapter is punishable upon conviction by a fine of
not more than $300 for each violation. In the case of continuing
violation, each day of violation shall constitute a separate offense.
(b) Violation. For the purposes of this section, a violation is:
(1) any act or omission declared to be unlawful in this chapter;
(2) the knowing maintenance of an emission or pollution condition
prohibited by this chapter;
(3) the failure of any person to comply with an order issued, or
regulation promulgated pursuant to this chapter.
(c) Violation by Corporate Person. All orders hereunder directed to a
corporate person shall be issued to the president of such corpora-
tion or to his duly authorized agent. In the event of prosecution
under Section 45.05.120 (a), the corporate treasury and assets shall
be liable for payment of fines, and the president of such corpora-
tion, or such other person who as officer or agent thereof is author-
ized to decide and direct compliance, shall be criminally liable
thereunder.
(d) Civil Remedies. An action may be brought in the name of the borough
to employ any or all of the remedies available under the statutes of
the State of Alaska, the Common Law and the General Equity princi-
ples to prevent, restrain, enjoin, terminate, and punish violations
of this chapter.
(e) Proceedings in Emergency. In the event of an emergency declaration
under Section 45.05.100 hereof, the Officer shall, immediately after
the emergency session of the Commission, issue and direct the per-
sonal service of such pleadings, orders and notices as the Commis-
sion may require. If preventative or corrective measures are not
immediately taken in accordance with any emergency order of the
Officer or Commission after he or they find that a generalized con-
dition of air pollution exists affecting human health and safety,
the Borough Attorney may institute proceedings in a court of com-
petent jurisdiction for any injunctive relief to enforce this act
or rules or regulations or orders pursuant thereto. Such injunctive
relief may include both temporary and permanent injunctions.
(f) Remedies Cumulative with State Remedies. No provision of this sec-
tion shall be construed as pre-emptive of remedies available to the
State under AS 18.30.230, its successor or substitute, or other
state enactment. The Borough Attorney shall notify the District
Attorney for the Fourth Judicial District of all violations and
alleged violations hereunder, except those alleged violations
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which are plainly insubstantial, and shall cooperate fully with
the District Attorney in any state prosecution.
(g) Civil Remedies by Private Parties Unaffected. This chapter does
not affect the right of a person to bring an action for damages or
other relief, because of an injury caused by air pollution.
(14.0) Section 45.05.130 CONFIDENTIALITY OF RECORDS
Any records or other information furnished to the Officer or the Commis-
sion concerning one or more air contaminant sources, which records or
information, as certified by the owner or operator, relate to production
or sales figures or to processes or production unique to the owner or
operator or which tend to affect adversely the competitive position of
such owner or operator, shall be only for the confidential use of the
Officer or the Commission in the administration of this title, unless
such owner or operator shall expressly agree to their publication or
availability to the general public or unless the disclosure of such
information is required for the prosecution of a violation of this title
or regulations thereunder. Nothing herein shall be construed to prevent
the use of such records or information by the Officer or the Commission
in compiling or publishing analyses or summaries relating to the general
condition of the outdoor atmosphere; provided that such analyses or
summaries do not identify any owner or operator or reveal any informa-
tion otherwise confidential under this section.
(2.0) Section 45.05.140 SEVERABILITY
Should any section, paragraph, sentence, clause or phrase of this chapter
be declared invalid or unconstitutional for any reason, the remainder of
said chapter shall not be affected thereby.
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FEDERALLY PROMULGATED
REGULATIONS
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(2.0) 52.73 General Requirements
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the Agency res-
ponsible for making emission data available to the public, as
specified in the applicable plan, concerning emissions from
any source subject to emission limitations which are part of
the approved plan may request that the appropriate Regional
Administrator obtain and make public such data. Within 30
days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and
amounts of emissions from such source and any other informa-
tion as may be deemed necessary by the Regional Administrator
to determine whether such source is in compliance with appli-
cable emission limitations or other control measures that are
part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b) (1) of this section,
the owner or operator of the source shall maintain records of
the nature and amounts of emissions from such source and any
other information as may be deemed necessary by the Regional
Administrator to determine whether such source is in compliance
with applicable emission limitations or other control measures
that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Report-
ing periods are January 1 - June 30 and July 1 - December 31.
(3) Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Administrator
shall be retained by the owner or operator for 2 years after
the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations
and other control measures that are part of the applicable plan
and will be available at the appropriate regional office and at
other locations in the state designated by the Regional Adminis-
trator.
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(10.0) 52.78 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(1) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
ti on.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
ti on.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the.Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for.
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al , issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(6.0) 52.84 Compliance Schedules
(d) Federal compliance schedules.
(1) Except as provided in paragraph (d) (9) of this section, the
owner or operator of any incinerator subject to the following
emission-limiting regulation shall comply with the compliance
schedule in subparagraph (2) of this paragraph: Alaska Adminis
trative Code, Title 18, 50.040 (appendix 1, section III of the
Alaska Implementation Plan).
Source Location Regulation involved Adoption
Alaska Lumber & Pulp Co. Sitka 18AAC50.060(a)(l)(2) June 18, 1973
Ketchikan Pulp Co. Ketchikan do do
(2) Compliance schedule for incinerators, defined as any furnace
used in the process of burning solid waste for the primary
purpose of reducing the volume of the waste by removing com-
bustible matter:
(i) Within 30 days after promulgation of the compliance
schedule, submit to the Administrator a final control
plan, which describes at a minimum the steps which will
be taken by the source to achieve compliance with the
applicable regulations.
(ii) October 29, 1973 - Negotiate and sign all necessary con-
tracts for emission control systems or process modifica-
tions, or issue orders for the purchase of component
parts to accomplish emission control or process modifica-
tion.
(iii) August 5, 1974 - Complete on-site construction or instal-
lation of emission control equipment or process modifi-
ca ti on.
(iv) September 2, 1974 - Achieve compliance with applicable
regulations, and certify such compliance to the Adminis-
trator.
(v) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by September 2, 1974. Ten days prior
to such a test, notice must be given to the Administra-
tor to afford him the opportunity to have an observer
present.
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(vi) Within five days after the deadline for completing in-
crements in subdivisions (ii) and (iii) in this sub-
paragraph, certify to the Administrator whether the
increment has been met.
(3) Except as provided in subparagraph (9) of this paragraph, the
owner or operator, of any pulp mill subject to the following
emission-limiting regulation and permit regulation in the
Alaska Implementation Plan shall comply with the applicable
compliance schedule in subparagraph (4), (5), or (6) of this
paragraph; Alaska Administrative Code, Title 18, 50.060 (a) (1)
(Sulfur oxides) and (2) (Particulate matter), 50.120 (a) (per-
mits) (appendix III, 1 of the Alaska Implementation Plan).
(4) Any owner or operator of a recovery system or other source
within a pulpmill subject to the sulfur oxide emission limita-
tion of subparagraph (3) who elects to utilize a process modi-
fication not requiring installation of additional control
equipment shall be subject to the following compliance sche-
dule:
(i) October 1, 1973 - Notify the Administrator of the intent
to utilize a process modification.
(ii) November 30, 1973 - Negotiate contract for achieving
desired modification.
(iii) July 1, 1974 - Achieve compliance with the applicable
regulations and certify such compliance to the Adminis-
trator.
(iv) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by July 1, 1974. Ten days prior to
such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer pre-
sent.
(5) Any owner or operator of a recovery system or other source
within a pulp mill subject to the sulfur oxide emission limita-
tion of subparagraph (3) who elects to utilize a control system
requiring installation of additional control equipment shall be
subject to the following compliance schedule:
(i) October 1, 1973 - Submit to the Administrator a final
control plan which describes at a minimum the steps
which will be taken by the source to achieve compliance
with the applicable regulations.
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(ii) January 20, 1974 - Negotiate and sign all necessary con-
tracts for emission control systems, or issue orders
for the purchase of component parts to accomplish emis-
sion control.
(iii) December 31, 1974 - Complete on-site construction or
installation of emission control equipment.
(iv) July 1, 1975 - Achieve compliance with applicable
regulations.
(v) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by July 1, 1975. Ten days prior to
such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer
present.
(vi) Five days after the deadline for completing increments
in subdivisions (ii), (iii), and (iv) in this subpara-
graph, certify to the Administrator whether the incre-
ment has been met.
(6) Compliance schedule for recovery system particulate matter
emissions:
(i) January 1, 1974 - Submit to the Administrator a final
control plan which describes at a minimum the steps
which will be taken by the source to achieve compliance
with the applicable regulations.
(ii) March 1, 1974 - Negotiate and sign all necessary con-
tracts for emission control systems or process modifi-
cations, or issue orders for the purchase of component
parts to accomplish emission control or process modifi-
cation.
(iii) April 1, 1975 - Complete onsite construction or instal-
lation of emission control equipment or process modifi-
cation.
(iv) July 1, 1975 - Achieve compliance with the applicable
regulations and certify such compliance to the Adminis-
trator.
(v) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by July 1, 1975. Ten days prior to
such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer
present.
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(vi) Within five days after the deadline for completing incre-
ments in paragraphs (b) (6) (ii) and (iii) of this sec-
tion, certify to the Administrator whether the increment
has been met.
(7) Except as provided in subparagraph (9) of this paragraph, the
owner or operator of any industrial process or fuel-burning
equipment subject to the following emission-limiting regula-
tion and permit regulation in the Alaska Implementation Plan
shall comply with the compliance schedule in subparagraph (8)
of this paragraph: Alaska Administrative Code, Title 18,
50.050 (industrial.processes and fuel-burning equipment) and
50.120 (a) and (e) (permits), (appendix, section III, 1 of
Alaska Implementation Plan).
(8) Compliance schedule for industrial process for fuel-burning
equipment:
(i) Within 30 days after promulgation of the compliance
schedule submit to the Administrator a final control
plan, which describes at a minimum the steps which will
be taken by the source to achieve compliance with the
applicable regulations.
(ii) December 18, 1973 - Negotiate and sign all necessary con-
tracts for emission control systems or process modifica-
tions, or issue orders for the purchase of component
parts to accomplish emission control or process modifi-
cation.
(iii) May 31, 1975 - Complete onsite construction or instal-
lation of emission control equipment or process modifi-
cation.
(iv) July 1, 1975 - Achieve compliance with the applicable
regulations and certify such compliance to the Adminis-
trator.
(v) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a test
must be completed by July 1, 1975. Ten days prior to
such a test, notice must be given to the Administrator
to afford him the opportunity to have an observer
present.
(vi) Within five days after the deadline for completing
increments in subdivisions (ii) and(iii) in this sub-
paragraph, certify to the Administrator whether the
increment has been met.
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(9) (i) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable regula-
tions and which has certified such compliance to the
Administrator by October 1, 1973. The Administrator
may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and ap-
proved by the Administrator shall satisfy the require-
ments of this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule
in this paragraph may submit to the Administrator no
later than October 1, 1973, a proposed alternative com-
pliance schedule. No such compliance schedule may pro-
vide for final compliance after the final compliance
date in the applicable compliance schedule of this
paragraph. If promulgated by the Administrator, such
schedule shall satisfy the requirements of this para-
graph for the affected source.
(10) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the
application of a compliance schedule in this paragraph fails to
satisfy the requirements of 51.15 (b) and (c) of this chapter.
(38 FR 16145, June 20, 1973, as amended at 38 FR 22738, Aug. 23, 1973;
38 FR 24342, Sept. 7, 1973; 39 FR 20061, June 6, 1974; 41 FR 49636,
Nov. 10, 1976; 42 FR 8376, Feb. 10, 1977)
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(12.0) 52.85 Traffic Flow Improvements
(a) Definitions:
(1) "Fairbanks central business district" means the area bounded
by the Chena River on the north; Dunkle Street on the east;
Fifth Avenue, Cushman Street, and Seventh Avenue on the south;
and Barnette Street, Third Avenue, and Wickersham Street on
the west. Streets forming the boundaries shall be part of the
central business district.
(b) This regulation is applicable in the City of Fairbanks in the State
of Alaska.
(c) By January 1, 1974, the City of Fairbanks shall submit to the Admin-
istrator a detailed compliance schedule indicating traffic flow
improvements to be undertaken and the dates of their expected
achievement. All improvements must be completed by May 31, 1975.
Such improvements shall include, but are not limited to, the fol-
lowing measures detailed in the Wilbur Smith and Associates, May
1971, FMATS-TOPICS study:
(1) Nobel Street-Lacey Street converted to one-way operation, with
Nobel Street northbound from the proposed junction with Lacey
Street to Wendell Avenue and Lacey Street southbound from
Wendell Avenue to its intersection with Novel Street at Twelfth
Avenue.
(2) Barnette Street-Wickersham Street converted to one-way opera-
tion, with Barnette Street northbound from Ninth Avenue to
First Avenue and Wickersham Street southbound from First Avenue
and Barnette.
(3) Signalization of intersections of:
(i) First Avenue and Barnette Street
(ii) First Avenue and Wickersham Street
(iii) Third Avenue and Barnette Street
(iv) Third Avenue and Lacey Street
(v) Fifth Avenue and Lacey Street
(vi) Fifth Avenue and Nobel Street
(4) Interconnection of the signal system within the Fairbanks cen-
tral business district to establish a coordinated relationship
among each of the signals that will closely coincide with the
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traffic demands as they fluctuate throughout the day.
(d) The City may omit or replace traffic flow improvement measures
indicated in these studies only with the prior approval of the
Administrator.
(12.0) 52.86 Management of Parking Supply
(a) Definitions:
(1) "Parking facility" (also called "facility") means a lot, garage
building or structure, or combination or portion thereof, in
or on which motor vehicles are temporarily parked.
(2) "Vehicle trip" means a single movement by a motor vehicle
that originates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation
of a parking facility, or any conversion of land, buildings,
or structures, or portions thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that
increases or may increase the motor vehicle capacity of, or
the motor vehicle activity associated with, such parking
facility.
(5) "Commence" means to undertake a continuous program of onsite
construction or modification.
(6) "Parking space" means any area or space below, above, or at
ground level, open or enclosed, on-street or off-street, that
is used for parking one motor vehicle at any time.
(7). "Basin" means the area commencing at the initial point, 1097
Birch Hill, Fairbanks, Alaska; thence north 56 degrees 14 min-
utes west, a distance of 58,017 feet, more or less, to the
VABM 1987 Moose, the true point of beginning; thence north
86 degrees east, a distance of 215,349 feet, more or less, to
VABM 3010 Last; thence south 5 degrees 26 minutes west a dis-
tance of 175,160 feet, more or less, to VABM 1831 Canyon; thence
south 85 degrees 55 minutes west, a distance of 229,914 feet,
more or less, to VABM 971 Wood River Butte West; thence north
13 degrees 42 minutes west, a distance of 169,688 feet, more
or less, to VABM 2005 Standard; thence north 81 degrees
17 minutes east, a distance of 72,092 feet, more or less, to
VABM 1978 Moose, the true point of beginning.
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(b) This regulation is applicable in the City of Fairbanks, the Fair-
banks North Star Borough, and the Basin in the State of Alaska.
(c) The requirements of this section are applicable to the following
parking facilities in the areas specified in paragraph (b) of this
section, the construction or modification of which is commenced
after January 1, 1975:
(1) Any new parking facility with parking capacity for 10 or more
motor vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 10 or more motor vehicles; and
(3) Any parking facility constructed or modified in increments
which individually are not subject to review under this sec-
tion, but which, when all such increments occurring since
August 15, 1973, are added together, would as a total subject
the facility to review under this section.
(d) No person shall commence construction or modification of any faci-
lity subject to this section without first obtaining written approv-
al from the Administrator; provided, that this paragraph shall not
apply to any construction or modification for which a general con-
struction contract was finally executed by all appropriate parties
on or before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted un-
less the applicant shows to the satisfaction of the Administration:
(1) The design or operation of the facility will not cause a vio-
lation of the control strategy that is part of the applicable
implementation plan, and will be consistent with the plan's
VMT reduction goals;
(2) The emissions resulting from the design or operation of the
facility will not prevent or interfere with the attainment or
maintenance of any national ambient air quality standard at
any time within 10 years from the date of application; and
(3) The facility shall either maintain a temperature of at least
0°F at all times in which vehicles are parked within it, or
provide outlets for engine heaters for all parking spaces
within it.
(f) All applications for approval under this section shall include the
following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
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(3) A proposed construction schedule.
(4) The normal hours of operation of the facility and the enter-
prises and activities that it serves.
(5) The total motor vehicle capacity before and after the con-
struction or modification of the facility.
(g) The Administrator may require an application for a facility of be-
tween 10 and 99 spaces to include the information required by para-
graphs (h) (1) through (7) of this section.
(h) All applications under this section for new parking facilities with
parking capacity for 100 or more vehicles, or for any modification
which, either individually or together with other modifications
since January 1, 1975, will increase capacity by that amount, shall,
in addition to that information required by paragraph (f) of this
section, include the following information unless the applicant has
received a waiver from the provisions of this paragraph from the
Administrator:
(1) The number of people using or engaging in any enterprises or
activities that the facility will serve on a daily basis and
a peak hour basis.
(2) A projection of the geographic areas in the community from
which people and motor vehicles will be drawn to the facility.
Such projection shall include data concerning the availability
of mass transit from such areas.
(3) An estimate of the average and peak hour vehicle trip genera-
tion rates, before and after construction or modification of
the facility.
(4) An estimate of the effect of the facility on traffic pattern
and flow.
(5) An estimate of the effect of the facility on total VMT for the
air quality control region.
(6) An analysis of the effect of the facility on site and regional
air quality, including a showing that the facility will be com-
patible with the applicable implementation plan, and that the
facility will not cause any national air quality standard to
be exceeded within 10 years from date of application. The
Administrator may prescribe a standardized screening technique
to be used in analyzing the effect of the facility on ambient
air quality.
(7) Additional information, plans, specifications, or documents
required by the Administrator.
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required by the Administrator.
(38 FR 32659, Nov. 27, 1973, as amended at 39 FR 1849, Jan. 15, 1974)
NOTE: The provisions of 52.86 were suspended indefinitely at 40 FR 2586,
January 14, 1975.
(12.0) 52.87 Idling Limitations
(a) Definition:
(1) "Idling" means the operation of a motor vehicle engine while
not in the process of moving from one place to another.
(2) "Parking facility" (also called "facility") means a lot,
garage, building or structure, or combination or portion
thereof, in or on which motor vehicles are temporarily parked.
(b) This regulation is applicable in the City of Fairbanks in the State
of Alaska.
(c) No later than February 15, 1974, the City of Fairbanks shall pro-
hibit the idling of all motor vehicles within the City unless
attended by a licensed driver, while parked or operated on streets
or highways or in publicly owned parking facilities or privately
owned facilities to which the public has access.
(d) No later than February 15, 1974, no person shall cause, permit, or
allow the idling of any motor vehicle where prohibited pursuant to
paragraph (c) of this section.
(e) Each owner or operator of a parking facility within the City of
Fairbanks shall prominently display signs in each such facility
warning that the limitations of this section will be strictly en-
forced.
(f) No later than January 1, 1974, the City of Fairbanks shall submit
a detailed compliance schedule showing the steps necessary to carry
out the restrictions contained in paragraph (c) of this section.
Such statement shall include:
(1) Identification of necessary authority to assure enforceability,
including a statement of present authority and regulations, if
available, or, if needed, drafts of proposed legislation, or-
dinances, or regulations.
(2) Designation of agencies responsible for enforcing the prohibi-
ti on.
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(3) A program for enforcement of the idling restrictions including,
but not limited to, towing away those vehicles idling in vio-
lation of the prohibition and subjecting the owner and/or
operator of such a vehicle to a fine up to $100.
(g) No later than February 1, 1974, the City of Fairbanks shall submit
legally adopted regulations sufficient to enforce all of the pro-
visions of this section.
(12.0) 52.88 Inspection/Maintenance Program
(a) Definitions:
(1) "Inspection/maintenance program" means a program for reducing
emissions from in-use gasoline powered vehicles through iden-
tifying vehicles that need emission control related maintenance
and requiring that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline powered motor vehicle
rated at 6,000 Ib gross vehicle weight (6VW) or less.
(3) "Medium-duty vehicle" means a gasoline powered motor vehicle
rated at more than 6,000 Ib GVW and less than 10,000 Ib GVW.
(4) "State" means the State of Alaska and, if the Governor so
designates, the Fairbanks North Star Borough.
(5) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with the
meanings so defined.
(b) This regulation is applicable to light and medium duty vehicles in
the City of Fairbanks and the Fairbanks North Star Borough within
the Northern Alaska Intrastate Air Quality Control Region in the
State of Alaska.
(c) The State of Alaska shall establish an inspection/maintenance pro-
gram applicable to all light duty and medium duty vehicles regis-
tered in the area defined in paragraph (b) of this section that
operate on public streets or highways over which it has ownership
or control. The State may exempt any class or category of vehicles
that the State finds are rarely used on public streets or highways
(such as classic or antique vehicles). No later than April 1, 1974,
the State shall submit legally adopted regulations to the Adminis-
trator establishing such a program. The regulation shall include:
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(1) Provisions for inspection of all light-duty and medium-duty
motor vehicles at periodic intervals no more than 1 year
apart by means of an idle-mode emission test.
(2) Provisions for inspection failure criteria consistent with the
failure of 50 percent of the vehicles in the first inspection
cycle.
(3) Provisions to ensure that failed vehicles receive maintenance
to achieve compliance with the inspection standards. These
shall include sanctions against individual owners and repair
facilities; retest of failed vehicles following maintenance;
use of a certification program to ensure that repair facili-
ties performing the required maintenance have the necessary
equipment, parts, and knowledgeable operators to perform the
tasks satisfactorily; and use of such other measures as may
be necessary or appropriate.
(4) A program of enforcement to ensure that vehicles are not
intentionally readjusted or modified subsequent to the inspec-
tion and/or maintenance in such a way as would cause them to
no longer comply with the inspection standards. This enforce-
ment program might include spot checks of idle adjustments
and/or a suitable type of physical tagging. This program shall
include appropriate penalties for violation.
(5) Provisions for beginning the first inspection cycle by August 1,
1975, and completing it by August 1, 1976.
(6) Designation of an agency or agencies responsible for conducting,
overseeing, and enforcing the inspection/maintenance program.
(d) After August 1, 1976, the State shall not register or allow to oper-
ate on public streets or highways any light or medium duty vehicle
that does not comply with the applicable standards and procedures
adopted pursuant to paragraph (c) of this section. This shall not
apply to the initial registration of a new motor vehicle.
(e) After August 1, 1976, no owner of a light or medium duty vehicle
shall operate or allow the operation of such vehicle that does not
comply with the applicable standards and procedures adopted pursuant
to paragraph (c) of this section. This shall not apply to the
initial registration of a new motor vehicle.
(f) The State of Alaska shall submit, no later than February 1, 1974,
a detailed compliance schedule showing the steps it will take to
establish and enforce an inspection and maintenance program pursuant
to paragraph (c) of this section including:
(1) The text of needed statutory proposals and of regulations that
it will propose for adoption.
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(2) The date by which the State will recommend needed legislation
to the State legislature.
(3) The date by which necessary equipment will be ordered.
(4) A signed statement from the Governor or his designee identi-
fying the sources and amounts of funds for the program. If
funds cannot legally be obligated under existing statutory
authority, the text of needed legislation shall be submitted.
(12.0) 52.89 Air Bleed to Intake Manifold Retrofit
(a) Definitions:
(1) "Air bleed to intake manifold retrofit" means a system or
device (such as a modification to the engine's carburetor)
that results in engine operation at an increased air-fuel
ratio so as to achieve reduction in exhaust emissions of
hydrocarbon and carbon monoxide from 1967 and earlier light
duty vehicles of at least 21 and 58 percent, respectively,
and from 1973 and earlier medium duty vehicles of at least
15 and 30 percent respectively.
(2) "Light duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) "Medium duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib GVW and less than 10,000 Ib GVW.
(4) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
meanings so defined.
(b) This section is applicable to light and medium duty vehicles in the
City of Fairbanks and the Fairbanks North Star Borough within the
Northern Alaska Intrastate Air Quality Control Region in the State
of Alaska.
(c) The State of Alaska shall establish a retrofit program to ensure
that on or before August 1, 1976, all light duty vehicles of model
years prior to 1968, and medium duty vehicles of model years prior
to 1974, registered in the area defined in paragraph (b) of this
section, are equipped with an appropriate air bleed to intake mani-
fold device. No later than April 1, 1975, the State of Alaska
shall submit to the Administrator a detailed compliance schedule
showing the steps it will take to establish and enforce a retrofit
program pursuant to this section, including the text of statutory
proposals, regulations, and enforcement procedures that the State
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proposes for adoption. The compliance schedule shall also
include a date by which the State shall evaluate and approve
devices for use in this program. Such date shall be no later
than June 1, 1975.
(d) No later than May 1, 1975, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulation shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing such devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the air bleed
devices by August 1, 1975, and completing the installation of
the devices on all vehicles subject to this section no later
than August 1, 1976.
(4) A .provision that starting no later than August 1, 1976, no
vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by 52.88
unless it has first been equipped with an approved air bleed
to intake manifold device, which the test has shown to be
installed and operating correctly. The regulations shall
include test procedures and failure criteria for implementing
this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of
retrofit components.
(e) After August 1, 1976, the State shall not register or allow to
operate on its streets or highways any gasoline-powered vehicle
that does not comply with the applicable standards and procedures
adopted pursuant to paragraph (d) of this section.
(f) After August 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implement-
ing this section.
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(12.0) 52.90 Oxidizing Catalyst Retrofit
(a) Definitions:
(1) "Oxidizing catalyst" means a device installed in the exhaust
system of the vehicle that utilizes a catalyst and, if neces-
sary, an air pump to reduce emissions of hydrocarbons and
carbon monoxide by 50 percent from that vehicle.
(2) "Light duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in
Part 51 Appendix N, of this chapter, are used herein with
the meanings so defined.
(b) This section is applicable in the City of Fairbanks and the Fair-
banks North Star Borough within the Northern Alaska Intrastate Air
Quality Control Region in the State of Alaska.
(c) The State of Alaska shall establish a retrofit program to ensure
that on or before May 31, 1977, light duty vehicles of model years
1968 through 1974 that are able to operate on 91 RON gasoline and
that are subject to registration in the areas defined in paragraph
(b) of this section are equipped with an appropriate oxidizing
catalyst retrofit device. No later than April 1, 1975, the State
of Alaska shall submit a detailed compliance schedule showing the
steps it will take to establish and enforce a retrofit program
pursuant to paragraph (d) of this section, including the text of
needed statutory proposals, regulations, and enforcement procedures
that the State proposes for adoption. The compliance schedule shall
also include a date by which the State shall evaluate and approve
devices for use in this program. Such date shall be no later than
June 1, 1975.
(d) No later than May 1, 1975, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing such devices for use of vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that provi-
sions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the oxidizing
catalytic converter on those light duty vehicles of 1968-1974
model years that operate on 91 RON (research octane number)
gasoline and completing the installation of the devices on all
vehicles subject to this section no later than May 31, 1977.
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(4) A provision that starting no later than May 31, 1977, no
vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by 52.88
unless it has been equipped with an approved oxidizing device,
which the test has shown to be installed and operating correct-
ly. The regulations shall include test procedures and failure
criteria for implementing this provision.
(5) Methods and procedures for ensuring, that those installing the
retrofits have the training and ability to perform the needed
tasks satisfactorily and have an adequate supply of retrofit
components.
(e) After May 31, 1977, the State shall not register or allow to operate
on its streets or highways any light duty vehicle subject to this
section that does not comply with applicable standards and proce-
dures adopted pursuant to paragraph (d) of this section.
(f) After May 31, 1977, no owner of a vehicle subjects to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implemen-
ting this section.
(12.0) 52.91 Exhaust Gas Recirculation-Air Bleed Retrofit
(a) Definitions:
(1) "Exhaust gas recirculation (EGR)-air bleed" means a system or
device (such as modification of the engine's carburetor or
positive crankcase ventilation system) that results in engine
operation at an increased air-fuel ratio so as to achieve re-
ductions in exhaust emissions of hydrocarbons and carbon mon-
oxide of 25 percent and 40 percent respectively, from light
duty vehicles of model years 1968-1970.
(2) "Light duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with the
meanings so defined.
(b) This section is applicable in the City of Fairbanks and the Fairbanks
North Star Borough within the Northern Alaska Intrastate Air Quality
Control Region in the State of Alaska.
(c) The State of Alaska shall establish a retrofit program to ensure
that on or before August 1, 1976, all gasoline-powered, light duty
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vehicles of model years 1968-1970 inclusive, operated on public
streets and highways in the areas defined in paragraph (b) of this
section, are equipped with an appropriate EGR-air bleed device.
No later than April 1, 1975, the State of Alaska shall submit to
the Administrator a detailed compliance schedule showing the steps
it will take to establish and enforce a retrofit program pursuant
to this section, including the text of statutory proposals, regu-
lations and enforcement procedures that the State proposes for
adoption. The compliance schedule shall also include a date by
which the State shall evaluate and approve devices for use in this
program. Such date shall be no later than June 1, 1975.
(d) No later than May 1, 1975, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing such devices for use on vehicles subject to this section.
(2) Designation of any agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the EGR-air bleed
on all vehicles subject to this section no later than August
1, 1976.
(4) A provision that starting no later than August 1, 1976, no
vehicle for which retrofit is required under this section
passes the annual emission tests provided for by 52.88 unless
it has been first equipped with an approved EGR-air bleed
device, which the test has shown to be installed and operating
correctly. The regulations shall include test procedures and
failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of
retrofit components.
(e) After August 1, 1976, the State shall not register or allow to
operate on its streets or highways any gasoline-powered, light
duty vehicle subject to this section that does not comply with the
applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After August 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section.
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(12.0) 52.92 Central Business District Access Limitation
(a) Definitions:
(1) "Fairbanks central business district" means the area bounded
by the Chena River on the north; Dunkle Street on the east;
Fifth Avenue, Cushman Street and Seventh Avenue on the south;
and Barnette Street, Third Avenue and Wickersham Street on
the west. Streets forming the boundaries shall be part of
the central business district.
(b). This section is applicable in the City of Fairbanks in the State of
Alaska.
(c) Effective on the date of promulgation of this section, the State of
Alaska shall neither construct any highway (including the Steese
Highway Cutoff) nor permit the construction of any highway in such
a way that there are interchanges providing access into the Fair-
banks central business district unless the State demonstrates, to
the satisfaction of the Administrator, that such interchanges or
exit ramps are located in such a way as to assure no interference
with attainment or maintenance of any national ambient air quality
standard at any time within 10 years from the date of completion
of such interchange or exit ramp.
(d) No later than January 1, 1974, the State of Alaska shall report to
the Administrator the status of the Steese Highway Cutoff, which
report shall include timetables for finalization of the design,
acquisition of right-of-way, commencement of construction, and
initiation of use, which assures compliance with paragraph (c)
of this section.
(e) The State of Alaska shall report to the Administrator any addition-
al highway proposed for the City of Fairbanks prior to the announce-
ment of any' corridor hearings.
(12.0) 52.93 Monitoring Transportation Trends
(a) This section is applicable to the State of Alaska.
(b) In order to assure the effectiveness of the inspection and main-
tenance program and the retrofit devices required under 52.88,52.89,
52.90, 52.91, the State shall monitor the actual per-vehicle emis-
sion reductions occurring as a1 result of such measures. All data
obtained from such monitoring shall be included in the quarterly
report submitted to the Administrator by the State in accordance
with 51.7 of this chapter. The first quarterly report shall cover
the period January 1 to March 31, 1976.
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(c) In order to assure the effective implementation of 52.85 of this
chapter, the State shall monitor vehicle miles traveled and average
vehicle speeds for each area in which the traffic flow improvement
program is in effect and during such time periods as may be appro-
priate to evaluate the effectiveness of such a program. All data
obtained from such monitoring shall be included in the quarterly
report submitted to the Administrator by the State of Alaska in
accordance with 51.7 of this chapter. The first quarterly report
shall cover the period from July 1 to September 30, 1974. The
vehicle miles traveled and vehicle speed data shall be collected
on a monthly basis and submitted in a format similar to Table 1.
TABLE 1
Time period...
Affected area.
Roadway type VMT or average vehicle speed
Vehicle Vehicle
type (1) type (2)1
Freeway...
Arterial..
Collector.
Local
1 Continue with other vehicle types as appropriate
(d) No later than March 1, 1974, the State shall submit to the Adminis-
trator a compliance schedule to implement this section. The program
description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(2) The Administrative procedures to be used.
(3) A description of the methods to be used to collect the emis-
sions data, VMT data, and vehicle speed data; a description
of any modeling techniques to be employed; a description of
the geographical area to which the data apply; identification
of the location at which the data will be collected; and the
time periods during which the data will be collected.
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(17.0) 52.96 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to "concentrations"of'particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (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 "elevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection 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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