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.
                                             - 2 -

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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.
                                             - 3 -

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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.
                                             - 4 -

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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
                                             - 5 -

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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
                                             -  6 -

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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.
                                    - 7 -

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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
                                             - 8 -

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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
                                             - 9 -

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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
                                              - 10 -

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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.
                                             -  11  -

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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.
                                     - 12 -

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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
                                     - 13 -

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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.
                                    - 14 -

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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.
                                    - 15 -

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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.
                                             - 16 -

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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.
                                    - 17 -

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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.
                                    - 18 -

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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
                                             -  19 -

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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
                                             - 23 -

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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.
                                             - 26 -

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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.
                                             - 29 -

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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.
                                             -  31  -

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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.
                                             - 33 -

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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).
                                             - 34 -

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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
                                    - 35 -

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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
                                    - 36 -

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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
                                    - 37 -

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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.
                                             - 38 -

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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:
                                             - 39 -

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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.
                                             - 40 -

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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
                              - 41  -

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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;
                                             - 42 -

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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.
                                             -  43 -

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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.
                                    - 44 -

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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.
                                    - 45 -

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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
                                             - 46 -

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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
          - 54 -

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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.
                            -  58  -

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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.
                       - 59 -

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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
                             - 61  -

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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.
                                             - 66 -

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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.
                              .- 67 -

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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.
                               - 68 -

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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.
                               - 69 -

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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
                                             - 71  -

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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.
                                     -  73  -

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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.
                                    - 74 -

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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.
                                             - 75 -

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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:
                                             - 76 -

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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.
                                     - 77 -

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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
                                             - 78 -

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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.
                                             - 80 -

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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
                                              - 81  -

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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.
                                             - 83 -

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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.
                                              -  85  -

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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:
                            - 90 -

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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
                            - 91 -

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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:
                                - 92 -

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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.
                         - 93 -

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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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