U.S. DEPARTMENT OF COMMERCE
                                 National Technical Information Service
                                 PB-296 705
Air Pollution  Regulations  in State
Implementation Plans: California,
Federally  Promulgated Regulations

Abcor, Inc, Wilmington,  MA   Walden Div
Prepared for

Environmental  Protection Agency,  Research Triangle Park, NC  Control
Programs Development Div
Aug 78

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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB  296705
 EPA-450/3-78-054^
 August 1978
Air
Air Pollution  Regulations
in  State  Implementation
Plans:
California
Federally Promulgated
Regulations
      , REPRODUCED BY
       NATIONAL TECHNICAL

      • INFORMATION SERVICE
      i 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-450/3-78-054-
                              2.
4. TITLE.AND SUBTITLE
 Air Pollution Regulations in State  Implementation i
 Plans:  California   Federally  Promulgated Regulations
                                                           3. RECIPIENT'S ACCESSION"NO.
             5. REPORT DATE
               August  1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHORIS)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor, Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
              11. CONTRACT7GRANT NO.


               68-02-2890
 12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs  Development Division
  Office of Air Quality Planning and Standards
  Office of Air, Noise, and Radiation
  Research Triangle Park,  NC 27711	
              14. SPONSORING AGENCY CODE
 15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control  Programs Development Division
 16. ABSTRACT
  This document has  been produced in compliance  with Section 110(h)(l)  of the Clean Air
  Act amendments of  1977.   The Federally enforceable regulations contained in the State
  Implementation Plans  (SIPs) have been compiled for all 56 States  and  territories
  (with the exception of the Northern Mariana  Islands).  They consist of both the
  Federally approved State and/or local air quality regulations as  indicated in the
  Federal Register and  the Federally promulgated regulations for the State, as
  indicated in the Federal Register. Regulations which fall into one of the above
  categories as of January 1,1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State and/or local air quality regulations
  which have not been Federally approved as of January 1, 1978, are not included here;
  omission of these  regulations from this document in no way affects the ability of
  the respective Federal,  State, or local agencies to enforce such  regulations.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
b.lOENTIFIERS/OPEN ENDED TERMS  C. COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
 8. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)

   Unclassified	
                                              20. SECURITY CLASS (Thispage)

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

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                              EPA-450/3-78-054-48
    Air Pollution Regulations
in  State Implementation Plans:
                     uornja
   Federally Promulgated Regulations
                       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-450/3-78-05U-48
                                  ii

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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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                         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

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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,
              R1ce 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) - Participates
              (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
                                       VI

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                      TABLE OF  CONTENTS

                      STATE OF CALIFORNIA

                  FEDERALLY PROMULGATED REGULATIONS
Revised Standard    Section Number      Title               Page Number
  Subject Index

  (14.0)               52.224       Regulation  For Public
                                    Availability of Data         1
  (10.0)               52.233       Regulation  For Review
                                    of New Sources and
                                    Modifications               4

   (9.0)               52.234       Source Surveillance         15

   (6.0)               52.240       Federal  Compliance
                                    Schedule                   17

   (7.0)               52.242       Inspection  and Mainten-
                                    ance Program               21

  (12.0)               52.243       Motorcycle  Limitation       23

  (12.0)               52.224       Oxidizing Catalyst Retro-
                                    fit                        24

  (12.0)               52.245       Control  of  Oxides of
                                    Nitrogen, Hydrocarbon and
                                    Carbon Monoxide Emissions
                                    From In-Use Vehicles        26

      21)               52.246       Control  of  Dry Cleaning
                                    Solvent Vapor Losses        27

  (12.0)               52.247       Definitions  for Parking
                                    Management  Regulations      28

   _           52.248 -  52.250       (Reserved)                29


  (12.0)               52.251        Management  of Parking
                                    Supply                     30

  (51.21),             52.252       Control  of  Degreasing
                                    Operations                  35

  (51.21)               52.253       Metal  Surface Coating
                                    Thinner  and  Reducer         36
                             VII

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Revised Standard     Section Number     Title         Page Number
Subject Index
(50.4)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
_-,.. .
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
52.254
52.255
52.256
52.257
52.258
52.259
52.260
52.261
52.262
52.263
52.264
52.265
Organic Solvent
Usage
Gasoline Transfer
Vapor Control
Control of Evapora-
tive Losses from
the Filling of Vehi-
cular Tanks
Computer Carpool
Matching
Mass Transit
Priority - Exclu-
sive Bus Use
Ramp Metering and
Preferential Bus/
Carpool Lanes
(Reserved)
Preferential Bus/
Carpool Lanes, San
Francisco Bay Area
Submittal of Studies
San Francisco Bay
Area
Priority Treatment
For Buses and Car-
pools - Los Angeles
Region
Mass Transit Prior-
ity Strategy and
Planning
Mass Transit and
37
43
47
50
52
53
54
55
57
58
61

                                   Transit  Priority
                                   Planning              62
                               VIII

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Revised Standard     Section Number       Title         Page Number
  Subject Index
(12.0)                 52.266       Monitoring Transpor-
                                    tation Made Trends     63

(17.0)                 52.270       Prevention of Signi-
                                    ficent Deterioration   64
                              IX

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(14.0)  52.224  Regulation for public availability of data.

       52.224  General  requirements.
          (a)  Except in the Air Pollution  Control  Districts  (APCD)  listed  in this
               paragraph, the requirements  of 51.10(e)  of this  chapter are  not met
               since the plan does  not provide procedures by  which emission data,
               as correlated with applicable emission limitations, will  be  made
               available to the public.
               (1)  Northeast Plateau Intrastate:
                    (i)      Siskiyou County APCD
                    (ii)    Shasta  County APCD
               (2)  Sacramento Valley Intrastate;
                    (i)      Sutter  County APCD
                    (ii)    Glenn County APCD
                    (iii)   Tehama  County APCD
                    (iv)    Sierra  County APCD
                    (v)      Shasta  County APCD
                    (vi)    Sacramento County APCD.
               (3)  San  Diego Intrastate:
                    (i)      San Diego County APCD
               (4)  Southeast Desert Intrastate:
                    (i)      San Diego County APCD
                    (ii)    Kern County APCD
               (5)  San  Joaquin Valley Intrastate.
                    (i)      Stanislaus County APCD
                    (ii)    Fresno  County APCD
                    (iii)   Calaveras County APCD
                    (iv)    Tuolumne County APCD
                                              -1-

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          (v)     San Joaquin County APCD
          (vi)    Mariposa County APCD
          (vii)   Tulare County APCD
          .(viii)  Kern County APCD
          (ix)    Madera County APCD
     (6)  North  Coast Intrastate:
          (i)     Slskiyou County APCD
          (ii)    Lake County APCD
     (7)  Great Basin Valleys Intrastate:
          (i)     Great Basin Unified APCD
     (8)  Metropolitan Los Angelos Intrastate:
          (i)     Ventura County
     (9)  North Central Coast Intrastate:
          (i)     Monterey Bay Unified APCD
(b)  Regulation for public availability of emission data.
     (1)  Any person who cannot obtain emission data from  the Agency
          responsible for making emission data  available to the public,
          as specified in the applicable plan,  except for  those APCD's
          specified in paragraph (a), concerning emissions from any
          source subject to emission limitations which are part of the
          approved plan may request that the appropriate Regional  Admin-
          istrator obtain and make public such  data.   Within 30 days
          after receipt of any such written request,  the Regional  Admin-
          istrator shall  require the owner or operator of  any such source
          to submit information within 30 days  on the nature and amounts
          of emissions from such source and any other information  as may
          be deemed necessary by the Regional Administrator to determine
          whether such source is in compliance  with applicable emission
          limitations or other control measures that are part of the
          applicable plan.
     (2)  Commencing after the intial notification by the  Regional  Admin-
          istrator 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
                                    -2-

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     information as may be deemed necessary by the Regional  Admin-
     istrator to determine whether such source is in compliance
     with applicable emission limitations or other control measures
     that are part of the plan.   The information recorded shall be
     summarized and reported to the Regional Administrator,  on
     forms furnished by the Regional Administrator, and shall  be
     submitted within 45 days after the end of the reporting period.
     Reporting periods are January 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 Administra-
     tor shall be retained by the owner or operator for 2 years
     after the date on which the pertinent report is submitted.

(4)  Emission data obtained from owners or operators of stationary
     sources will be correlated with applicable emission limitations
     and other control measures that are part of the applicable plan
     and will be available at the appropriate regional office  and
     at other locations in the state designated by the Regional
     Administrator.
                              -3-

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           (10.0)  52.233  Regulation for review of new sources and modifications.


                    (f)  Regulation for review of new sources and modifications.

                         (1)  The requirements of this paragraph are applicable to:

                              (i)     Any stationary source in the specified portions of
                                      the regulations listed below, the construction or mod-
                                      ification of which is commenced after the effective
                                      date of this regulation:

                                      (a)  Metropolitan Los Angeles Intrastate (81.17 of
I                                           this chapter):

!                                           (1)  Ventura County Air Pollution Control Dis-
1                                                trict.

I                                           (2)  Santa Barbara County APCD

I                                      (b)  Sacramento Valley Intrastate (81.167 of this
!                                           chapter):

i                                           (1)  Sacramento County Air Pollution Control
                                                District.

                                      (c)  San Joaquin Valley Intrastate (81.167 of this
                                           chapter):

                                           (1)  Mariposa County Air Pollution Control Dis-
                                                trict.

                                      (d)  South Central  Coast Intrastate (81.166 of this
                                           chapter):

                                           (1)  Santa Barbara County Air Pollution Control
                                                District

                              (ii)    Any stationary source subject to the requirements of
                                      52.226(c), 52.227(c), 52.228(b), or 52.230(b), the
                                      construction or modification of which is commenced
                                      after the effective date of this regulation.

                         (2)  No owner or operator shall  commence construction or modifica-
                              tion of a stationary source after the effective date of this
                              regulation without first obtaining approval  from the Adminis-
                              trator of the location and design of such source.

                              (i)     Application for approval to construct or modify shall
                                      be made on forms furnished by the Administrator, or
                                      by other means  prescribed by the Administrator.
                                                       -4-

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     (ii)    A separate application is  required for each  source,

     (iii)   Each application shall be  signed by the applicant,

     (iv)    Each application shall be  accompanied  by site  infor-
             mation, plans,  descriptions,  specifications, and  draw-
             ings showing the design of the source, the nature and
             amount of emissions,  and the  manner in which it will
             be operated and controlled.

     (v)     Any additional  information, plans, specifications,
             evidence, or documentation that the Administrator
             may require shall be  furnished upon request,

(3)  No approval to construct or modify will  be granted unless
     the applicant shows to  the satisfaction of the Administrator
     that:

     (i)     The source will be operated without causing  a  viola-
             tion of any local, State,  or  Federal regulations
             which are part  of the applicable plan.

     (ii)    The source will not prevent or interfere with  attain-
             ment or maintenance of any national standard,

(4)  (i)     Within twenty (20) days after receipt  of an  applica-
             tion to construct, or any  addition to  such application,
             the Administrator shall advise the owner or  operator
             of any deficiency in  the information submitted in
             support of the  application.   In the event of such a
             deficiency, the date  of receipt of the application
             for the purpose of paragraph  (f) (4) (ii) of this
             section, shall  be the date on which all require in-
             formation is received by the  Administrator.

     (ii)    Within thirty (30) days after receipt  of a complete
             application, the Administrator shall:

             (a)  Make a preliminary determination  whether  the
                  source should be approved, approved with  con-
                  ditions, or disapproved.

             (b)  Make available in at  least one location in each
                  region in  which  the proposed source would be
                  constructed, a copy of all  materials submitted
                  by the owner or  operator, a copy  of the Adminis-
                  trator's preliminary  determination and  a  copy or
                  summary of other materials, if any, considered by
                  the Administrator in  making his preliminary  de-
                  termination; and
                               -5-

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             (c)  Notify the public, by prominent advertisement in
                  a newspaper of general circulation in each region
                  in which the proposed source would be constructed,
                  of the opportunity for written public comment on
                  the information submitted by the owner or operator
                  and the Administrator's preliminary determination
                  on the approvability of the source.

     (iii)   A copy of the notice required pursuant to this sub-
             paragraph shall be sent to the applicant and to state
             and local air pollution control agencies, having cog-
             nizance over the location where the source will be
             situated.

     (iv)    Public comments submitted in writing within thirty
             (30) days after the date such information is made
             available shall be considered by the Administrator in
             making his final decision on the application.  No
             later than ten MQ) days after the close of the pub*
             lie comment period, the applicant may submit a written
             response to any comment 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 the
             application within thirty (30) days after the close
             of the public comment period.   The Administrator
             shall  notify the applicant in writing of this approval,
             conditional approval, or denial of the application,
             and shall set forth his reason for conditional  approv-
             al or denial.  Such notification shall  be made avail-
             able for public inspection in at least one location
             in the region in which the source would be located.

     (vi)    The Administrator may extend each of the time periods
             specified in paragraph (f) (4) (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 Adminis-
             trator.

(5)   The Administrator may impose any reasonable conditions upon
     an approval, including conditions requiring the source to
     be provided with:

     (i)     Sampling ports of a size, number, and location as the
             Administrator may require.
                              -6-

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     (ii)    Safe access to each port.

     (iii)   Instrumentation to monitor and record emission  data,
             and

     (iv)    Any other sampling and testing facilities.

(6)  The Administrator may cancel an approval  if the construction
     is not begun within 2 years from the date of issuance,  or if
     during construction, work is suspended for 1  year.

(7)  Any owner or operator subject to the provisions of this regu-
     lation shall furnish the Administrator written notification
     as follows:

     (i)     A notification of the anticipated date or initial
             startup of the source not more than 60 days or  less
             than 30 days prior to such date.

     (ii)    A notification of the actual date of initial  startup
             of the source within 15 days after such date.

(8)  Within 60 days after achieving the maximum production rate
     at which the source will be operated but  not later than 180
     days after initial startup of such source the owner or  opera-
     tor of such source shall conduct a performance test(s)  in
     accordance with methods and under operating conditions  ap-
     proved by the Adminsitrator and furnish the Administrator a
     written report of the results of such performance test.

     (i)     Such test shall be at the expense of the owner  or
             operator.

     (ii)    The Administrator may monitor such test and may also
             conduct performance tests.

     (iii)   The owner or operator of a source shall provide the
             Administrator 15 days prior notice of the performance
             test to afford the Administrator  the opportunity to
             have an observer present.

     (iv)    The Administrator may waive the requirement for per-
             formance tests if the owner or operator of a source
             has demonstrated by other means to the Administrator's
             satisfaction that the source is being operated  in com-
             pliance with all local, State and Federal regulations
             which are part of the applicable  plan.

(9)  Approval to construct or modify shall not be required for:
                               -7-

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                              (i)      The installation or alteration  of an  air pollutant
                                      detector,  air pollutants  recorder, combustion con-
                                      troller, or combustion  shutoff.

                              (ii)     Air-conditioning or ventilating systems not designed
                                      to remove  air pollutants  generated by or released from
                                      equipment.

                              (iii)    Fuel  burning equipment, other than smokehouse genera-
                                      tors  which has a heat input  of  not more than 250 MBtu/
                                      h (62.5 billion g-cal/h)  and burns only gaseous fueU
                                      containing not gore than  0.5 grain H2S per 100 stdft
                                      (5.7  g/100 stdm );   has a heat  input  of not more than
                                      1  MBtu/h (250 Mg-cal/h) and  burns only distillate oil;
                                      or has  a heat input of not more than  350,000 Btu/h
                                      (88.2 Mg-cal/h) and burns any other fuel.

                              (iv)     Mobile  internal combustion engines,

                              (v)      Laboratory equipment used exclusively for chemical or
                                      physical analyses.

                              (vi)     Other sources of minor significance specified by the
                                      Administrator.

                        (10)   Approval  to construct or modify shall not relieve any person
                              of the  responsibility to comply with any local, State or
                              Federal  regulation  which is part  of  the applicable plan.

                        (11)   Any owner or  operator who constructs, modifies or operates a
                              stationary source  not in accordance  with the  application, as
                              approved and  conditioned by the Administrator, or any owner
                              or operator of  a stationary source subject to this paragraph
                              who commences construction  or modification without applying
                              for and receiving  approval  hereunder, shall be subject to
!                              enforcement  action  under  section  113 of  the Act.
                    (g)   Regulation  for  review  of new sources and modification.

                         (1)  The  requirements  fo this paragraph are applicable to any
                             stationary source in the specified portions of the regions
                             listed below,  the construction or modification of which is com-
                             menced after the  effective  date of this  regulation.

                             (i)      (Reserved)

                             (ii)     Metropolitan Los Angeles Intrastate (81.17 of this
                                      chapter):
                                                        -8-

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        (a)  Los Angeles County Air Pollution Control District.
        (b)  Orange County Air Pollution Control District.
        (c)  Riverside County Air Pollution Control District,
        (d)  San Bernardino County Air Pollution Control Dis-
             trict.
(iii)   North Central Coast Intrastate (81.160 of this chap-
        ter) :
        (a)  Monterey-Santa Cruz Unified Air Pollution Control
             District.
        (b)  San Benito County Air Pollution Control District.
(iv)    North Coast Intrastate (81.161 of this chapter):
        (a)  Humboldt County Air Pollution Control District.
        (b)  Mendocino County Air Pollution Control District,
        (c)  Siskiyou County Air Pollution Control District.
(v)     Northeast Plateau Intrastate (81.162 of this chapter);
        (a)  Lassen County Air Pollution Control District.
        (b)  Siskiyou County Air Pollution Control District,
        (c)  Modoc County Air Pollution Control District.
        (d)  Shasta County Air Pollution Control District.
(vi)    Sacramento Valley Intrastate (81.163 of this chapter);
        (a)  El  Dorado County Air Pollution Control District,
        (b)  Glenn County Air Pollution Control District.
        (c)  Nevada County Air Pollution Control District.
        (d)  Placer County Air Pollution Control District.
        (e)  Plumas County Air Pollution Control District
        (f)  Shasta County Air Pollution Control District.
        (g)  Sierra County Air Pollution Control District,
                         -9-

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        (h)  Sutter County Air Pollution Control District.
        (i)  Yolo-Solano Unified Air Pollution Control District.
(vii)   San Diego Intrastate (81.164 of this chapter):
        (a)  San Diego Intrastate Air Pollution Control Dis-
             trict.
(viii)  San Joaquin Intrastate (81.167 of this chapter):
        (a)  Amador County Air Pollution Control District.
        (b)  Tuolumne County Air Pollution Control District.
        (c)  Calaveras County Air Pollution Control District.
        (d)  Fresno County Air Pollution Control District.
        (e)  Kern County Air Pollution Control District.
        (f)  Kings County Air Pollution Control District.
        (g)  Madera County Air Pollution Control District.
        (h)  Merced County Air Pollution Control District.
        (i)  San Joaquin County Air Pollution Control District,
        (j)  Stanislaus County Air Pollution Control District.
        (k)  Tulare County Air Pollution Control District,
(ix)    Southeast Desert Intrastate (81.167 of this chapter):
        (a)  Los Angeles County Air Pollution Control District,
        (b)  Riverside County Air Pollution Control District,
        (c)  San Bernardino County Air Pollution Control Dis-
             trict.
        (d)  San Diego County Air Pollution Control District.
        (e)  Kern County Air Pollution Control District.
(x)     San Francisco Bay Area Intrastate (81.21 of this chap-
        ter):
                         -10-

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             (a)  Yolo-Solano Unified Air Pollution  Control  Dis-
                  trict.

(2)  No owner or operator shall  commence construction  or modifica-
     tion of any new source after the effective  date of this regu-
     lation without first obtaining approval  from the  Administrator
     of the location of such source.

     (i)     Application for approval to construct or  modify shall
             be made on forms furnished by the Administrator,  or  by
             other means prescribed by the Administrator.

     (ii)    A separate application is required  for  each source.

     (iii)   Each application shall be signed by the applicant.

     (1v)    Each application shall be accompanied by  site  infor-
             mation, stack data, and the nature  and  amount  of
             emissions.  Such.information shall  be sufficient to
             enable the Administrator to make any determination
             pursuant to paragraph (g) (3) of this section.

     (v)     Any additional information, plans,  specification, evi-
             dence, or documentation that the Administrator may re-
             quire shall  be furnished upon request.

(3)  No approval to construct or modify will  be  granted unless the
     applicant shows to the satisfaction of the  Administrator that
     the source will not prevent or interfere with attainment or
     maintenance of any national standard.

(4)  (i)     Within twenty (20)  days after receipt of  an applica-
             tion to construct,  or any additionto such application,
             the Adminsitrator shall  advise the  owner  or operator
             of any deficiency in the information submitted in
             support of the application.  In  the event of such a
             deficiency,  the date of receipt  of  the  application
             for the purpose of paragraph (g) (4) (ii) of this
             section, shall be the date on which all required infor-
             mation is received by the Administrator.

     (ii)    Within thirty (30)  days after receipt of  a complete
             application, the Administrator shall:

             (a)  Make a preliminary determination whether  the
                  source should be approved,  approved  with  condi-
                  tions,  or disapproved.

             (b)  Make available in at least  one location in each
                  region  in which the proposed source  would be con-
                              -11-

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                                            structed, a copy of all materials submitted by
                                            the owner or operator, a copy of the Administra-
                                            tor's preliminary determination and a copy or
                                            summary of other materials, if any, considered
                                            by the Administrator 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 source would be con-
                                            structed, of the opportunity for written public
                                            comment on the information submitted by the own-
                                            er or operator and the Administrator's prelimi-
                                            nary determination on the approvabi1ity of the
                                            source.

                               (iii)   A copy of the notice required pursuant to this sub-
                                       paragraph shall be sent to the applicant and to state
                                       and local air pollution control agencies, having cog-
                                       nizance over the location where the source will be
                                       situated.

                               (iv)    Public comments submitted in writing within thirty (30)
                                       days after the date such information is made available
;                                       shall be considered by the Administrator in making his
                                       final decision on the application.   No later than ten
|                                       (10) days after the close of the public comment
|                                       period, the applicant may submit a written response
I                                       to any comment submitted by the public.  The Adminis<-
                                       trator shall consider the applicant's response in
                                       making his final decision.  All comments shall be made
                                       available for public inspection in at least one loca-
                                       tion in the region in which the source would be located,

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

                               (vi)    The Administrator may extend each of the time periods
                                       specified in paragraph (g) (4) (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 Adminis-
                                       trator.
                                                        -12-

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     (5)  The Administrator may cancel  an approval  if the construction
          is not begun within 2 years from the date of Issuance,  or if
          during the construction, work is suspended for 1  year.

     (6)  Approval to construct or modify shall not relieve any owner
          or operator of the responsibility to comply with any local,
          State, or Federal regulation which is part of the applicable
          plan.

     (7)  Approval to construct or modify shall not be required for:

          (i)     The installation or alteration of an air pollutant
                  detector, air pollutants recorder, combustion con-
                  troller, or combustion shutoff.

          (ii)    Air-conditioning or ventilating  systems not designed
                  to remove air pollutants generated by or released from
                  equipment.

          (iii)   Fuel burning equipment, other than smokehouse gener-
                  ators, which has a heat input of not more than  250
                  MBtu/h (62.4 billion g-cal/h)and burns only gaseous
                  fuel containing not more than 20.0 grain H«S per 100
                  stdftj (54.8 g/100 stdnr); has a heat input of  not
                  more than 1 MBtu/h 250 Mg-cal/h) and burns only dis-
                  tillate oil; or has a heat input of not more than
                  350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.

          (iv)    Mobile internal combustion engines.

          (v)     Laboratory equipment used exclusively for chemical  or
                  physical analyses.

          (vi)    Other sources of minor significance specified by the
                  Administrator.

     (8)  Any owner or operator who constructs, modifies, or operates a
          stationary source not in accordance with the application, as
          approved and conditioned by the Administrator, or any owner
          or operator of a stationary source subject to this paragraph
          who commences construction or modification without applying
          for and receiving approval hereunder, shall be subject  to en-
          forcement action under section 113 of the Act.

(h)  The requirements of 51.18 of this  chapter are not met since  the
     State of California failed to submit a plan for review of new or
     modified indirect sources.

(i)  Regulation for review of new or modified indirect sources.  The  pro-
     visions of 52.22(b) of this chapter are hereby incorporated  by
                                    -13-

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     reference and made a part of the applicable implementation plan for
     the State of California.

(j)  Delegation of authority.

     (1)  The Administrator shall  have the authority to delegate res-
          ponsibility for implementing the procedures for conducting
          source review pursuant to this  section in accordance with  para-
          graphs (j)  (2), (3), and (4) of this  section.

     (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,  a copy of the notice
          pursuant to paragraph (f) (4)  (iii) and  (g) (4) (iii) of this
          section shall  be sent to the Administrator through the appro-
          priate Regional Office.

     (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 Environomental Protec-
          tion 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  con-
          structed or operated on  Federal  lands pursuant to leasing  or
          other Federal  agreements, the Federal  Land Manager may at  his
          discretion, to the extent permissible under applicable statutes
          and regulations, require the lessee or permittee to be subject
          to new source review requirements which  have been delegated to
          a  state or  local agency  pursuant to this paragraph.

     (4)  The Administrator's  authority for implementing the procedures
          for conducting source review pursuant to this section shall
          not be redelegated,  other than  to a Regional  Office of the En-
          vironmental  Protection Agency,  for new or modified sources
          which are located in Indian reservations except where the State
          has assumed jurisdiction over such land  under other laws,  in
          which case  the Administrator may delegate his authority to the
          States in accordance with paragraphs  (j) (2),  (3), and (4) of
          this section.
                                    -14-

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(9.0)  52.234   Source  surveillance.

      52.234   Source  Surveillance.

        (a)   Except in the Air Pollution  Control Districts  (APCD)  listed in this
             paragraph, the requirements  of 51.19 of  this chapter  are not met
             since the plan does  not  provide for recordkeeping and periodic re-
             porting of emission  data by  sources.

             (1)   North Coast Intrastate:

                  (i)      Mendocino County  APCD

                  (ii)    Lake County APCD

             (2)  San Joaquin Valley Intrastate:

                  (i)      Calaveras County  APCD

                  (ii)    Mariposa County APCD

             (3)  Sacramento Valley Intrastate:

                  (i)      Sierra  County APCD

             (4)  Metropolitan Los Angeles Intrastate:

                 (i)      Ventura County  APCD

        (b)   The  requirements of  51.19 (b)  of this  chapter  are not met since the
             plan does not adequately provide for periodic  testing and inspection
             of stationary sources within the Bay Area  Air  Pollution Control
             District  portion of  the  San  Francisco  Bay  Area Intrastate Region.

        (c)  The requirements of 51.19 (c) of this chapter are not  met since the
            system for detecting  violations through enforcement  of visible
            emission regulations  and  complaint handling is  not adequately
            described.

        (d)  Regulation for source recordkeeping and reporting.

            (1)  The owner or operator of any stationary source  in the State of
                 California, except for those APCD's  specified in  paragraph (a)
                 of this section, shall,  upon notification  from  the Administra-
                 tor,  maintain records of the nature  and amounts of emissions
                 from  such source and/or  any other  information as  may be deemed
                 necessary by the Administrator to  determine whether such source
                 is in compliance with applicable emission  limitations or other
                 control measures.

            (2)  The information  recorded shall be  summarized and  reported to
                 the Administrator, on forms furnished  by the Administrator,
                 and shall  be submitted within 45 days  after the end of the
                                             -15-

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     reporting period.    Reporting periods  are  January  1  to  June  30
     and July 1  to December 31,  except  that the intial  reporting
     period shall  commence on the date  the  Administrator  issues
     notification  of the recordkeeping  requirements.

(3)  Information recorded by the owner  or operator and  copies of
     the summarizing reports submitted  to the Administration shall
     be retained by the owner or operator for 2 years,  after the
     date on which the  pertinent report is  submitted.   (37 FR 10850,
     May 31, 1972, as amended at 37 FR  19813, Sept.22,  1972; 38 FR
     12707, May 14, 1973)
                              -16-

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(6.0)    52.240  Federal  compliance  schedules.
         (c)  Federal compliance schedule.

              (1)  Except as provided in subparagraph (2) of this paragraph, the
                   owner or operator of any stationary source subject to rule
                   68.a of the Orange County Air Pollution Control district shall
                   comply with such rule or regulation on or before January 31,
                   1974.

                   (i)     Any owner or operator in compliance with this rule on
                           the effective date of this regulation shall certify
                           such compliance to the Administrator no later than 120
                           days following the effective date of this paragraph.

                   (ii)    Any owner or operator who acheives compliance with
                           such rule or regulation after the effective date of
                           this regulation shall certify such compliance to the
                           Administrator within 5 days of the date compliance
                           is achieved.

              (2)  Any owner or operator of a stationary source subject to para-
                   graph (c) (1) of this section may, not later than 120 days
                   following the effective date of this paragraph, submit to
                   the Administrator for approval a proposed compliance schedule
                   that demonstrates compliance with the rules and regulations
                   specified in paragraph (c) (1) of this section as expeditious-
                   ly as practicable but no later than July 31, 1975.  The com-
                   pliance schedule shall provide for increments of progress
                   toward compliance.  The dates for achievement of such incre-
                   ments of progress shall be specified.  Increments of progress
                   shall include, but not be limited to:  submittal of final
                   control plan to the Administrator; letting of necessary con-
                   tracts for construction or process changes or issuance of
                   orders for the purchase of component parts to accomplish
                   emission control or process  modification; initiation of on-
                   site construction or installation of emission control equip-
                   ment or process modification; completion of onsite construc-
                   tion or installation of emission control equipment or process
                   modification; and final compliance.

              (3)  Any owner or operator who submits a compliance schedule pur-
                   suant to this paragraph shall, within 5 days after the dead-
                   line for each increment of progress, certify to the Adminis-
                   trator whether or not the required Increment of the approved
                   compliance schedule has been met.

         (d)  Regulation for increments of progress.

              (1)  The requirements of this paragraph are applicable to any
                                              -17-

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     stationary source in the following regions subject to the
     indicated regulations.
     (i)     Metropolitan Los Angeles Intrastate:
             (a)  Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2,
                  53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71  of the
                  San Bernardino County APCD
             (b)  Rules 53, 72.1 and 72.2 of the Riverside County
                  APCD
             (c)  Rules 53, and 66.c of the Orange County APCD
             (d)  Rule 39.1 of the Santa Barbara County APCD
             (e)  Rule 59 of the Ventura County APCD
             (f)  Rule 66(c) and 68 of the Los Angeles County APCD
     (ii)    Northeast Plateau Intrastate:
             (a)  Rule 4.5 of the Siskiyou County APCD
     (iii)   San Francisco Bay Area Intrastate:
             (a)  Rule 64(c) of the Sonoma County APCD
     (iv)    Southeast Desert Intrastate:
             (a)  Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2,
                  53.3, 54.A, 58.A, 62.1, 68, 69, 70, and 71  of the
                  San Bernardino County APCD
             (b)  Rules 53, 72.1, and 72.2 of the Riverside County
                  APCD
     (v)     San Joaquin Valley Intrastate:
             (a)  Rule 409 of the Tulare County APCD
     (vi)    North Coast Intrastate:
             (a)  Rule 4.5 of the Siskiyou County APCD
(2)   Except as  provided in subparagraph (3) of this paragraph, the
     owner or operator of any stationary source shall, no later than
     120 days following the effective date of this paragraph, submit
     to the Administrator for approval, a proposed compliance
                               -18-

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          schedule that demonstrates compliance with the applicable reg-
          ulations as expeditiously as practicable but no later than
          the final  compliance date specified by such applicable reg-
          ulation.  The compliance schedule shall  provide for periodic
          increments of progress toward compliance.   The dates for
          achievement of such increments shall  be specified.   Incre-
          ments of progress shall  include, but not be limited to:   sub-
          mitt a 1 of final  control  plan to the Administrator;  letting
          of necessary contracts for construction or process  changes or
          issuance of orders for the purchase of component parts to
          accomplish emission control or process modification; initia-
          tion of onsite construction or installation of emission  con-
          trol equipment or process modification; and final  compliance.

     (3)   Where any such owner or operator demonstrates to the satis-
          faction of the Administrator that compliance with the applic-
          able regulations will be achieved on or before January 31, 1974,
          no compliance schedule shall be required.

     (4)   Any owner or operator who submits a compliance schedule  pursuant
          to this paragraph shall, within 5 days after the deadline for
          each increment of progress, certify to the Administrator
          whether or not the required increment of the approved compliance
          schedule has been met.

     (5)   Any compliance schedule adopted by the State and approved by
          the Administrator shall  satisfy the requirements of this para-
          graph for the affected source.

(e)   Federal compliance schedules.  The compliance schedules  for the
     sources identified below are approved as meeting the requirements of
     51.15 and paragraph (d) of this section.  All regulations cited are
     air  pollution control regulations of the specific county in which
     the  source is located,unless otherwise noted.
                                    -19-

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                       Source

        Douglas  Aircraft Co.

        City of  Los Angeles, Department of Hater and Power:
             a.
             b.
             c.
             d.
             e.
         Haynes Unit 1
         Haynes Unit 2
         Haynes Unit 3
         Haynes Unit 4
         Haynes Unit 5
 i
t\j
o
Southern California Edison Co.:

     a.  Alanitos Unit 5
     b.  Alaaltos Unit 6
     c.  Redondo Unit 7
     d.  Redondo Unit 8
     e.  Oraond Be«ch Station Unit 1
     f.  Omond Beach Station Unit 2

Kerr-NcGee Chemical Co.:

     a.  Cheni  dryer (potash section)
     b.  Supo dryer (potash section)
     c.  No.  1  aghl dryer (potash section)
     d.  No.  2  aghi dryer (potash section)
     e.  Boric  acid dryer (boron section
     f.  No.  2  dryer (soda products section)
     g.  LIcons roaster (soda products section)
     h.  Bleacher (cartonation section)

Riverside Cerent Co. Kilns 1 through 5

Stauffer Chemical Co.:

     a.  Grade  80 plant
     b.  Dense  ash plant
     c.  Anhydrous boron plant
                                                        County. Location

                                                        Los Angeles
    do
    do
    do
    do
    do
                                                                   do
                                                                   do
                                                                   do
                                                                   dp
                                                               Ventura
                                                                   do
San Bernardino
    do
    do
    do
    do
    do
    do
    do
                                                                   do
                                                                   do
                                                                   do
                     Regulation
                      Involved

                     Rule 66 (C)
Rule 68
   do
   do
   do
   do
                        do
                        do
                        do
                        do
                     Rule 59
                        do
Rules 5QA. 52A. ft 54A
   do
   do
   do
   do
   do
   do
   do

Rules 52A ft 54A
                     Rules  BOA ft  52A
                        do
                        do
                          Effective
                            Date

                          Sept. 1, 1974
Dec. 31. 1974
     do
     do
     do
     do
                               do
                               do
                               do
                               do
                          Jan. 1. 1975
                               do
     do
     do
     do
     do
     do
     do
     do
     do

     do
                               do
                               do
                               do
                     Final Compliance
                           Date

                     Aug. 31, 1974
July 5, 1974
Nov. 29. 1974
Dec. 13. 1974
Aug. 12. 1974
Dec. 30. 1974
                     Dec.  31. 1974
                          Do.
                          Do.
                          Do.
                          Do.
                          Do.
Oct. 15. 1974
Nov. 10. 1974
Dec. 15. 1974
Nov. 15. 1974
Nov. 1. 1974
Dec. 20. 1974
Dec. 1. 1974
Dec. 15, 1974

Dec. 31. 1974
                    Dec.  20.  1974
                    Nov.  15.  1974
                    Nov.  8. 1974
        Witteman Steel Hills
                                                            do
                     Rule  50A
                                              Jan.  1,  1975

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(7.0)    52.242   Inspection  and maintenance  program.


          (a)   Definitions:

               (1)   "Inspection  and  maintenance  program" means  a  program to  reduce
                    emissions from in-use vehicles through  identifying  vehicles
                    which need emission  control-related maintenance and requiring
                    that maintenance be  performed.

               (2)   "Light-duty  vehicle" means any gasoline-powered motor vehicle
                    rated at 6,000  pounds  GVW or less.

               (3)   All other terms  used in this section that are defined in Ap-
                    pendix  N to  Part 51  of  this  chapter, are used herein with  the
                    meanings so  defined.

          (b)   This  section is applicable in the Metropolitan Los Angeles, San
               Diego,  Sacramento Valley, San Joaquin  Valley, and  San  Francisco
               Bay Area Intrastate Air Quality Control Regions  (hereinafter
               referred to  as the Regions).

          (c)   The State of California shall  establish an inspection  and mainten-
               ance  program applicable to all light-duty vehicles registered in
               the Regions  that  operate  on  streets or highways  over which it has
               ownership or control.   The State  may exempt  any  class  or category
               of vehicles  which it  finds are rarely  used on public streets  and
               highways (such as classic or antique vehicles).  Under the program,
               the State shall:

                    (1)     Inspect  all  light-duty motor vehicles at  periodic  in-
                           tervals  no more than one  year apart.

                    (2)     Apply inspection failure  criteria consistent with  the
                           emission reductions  claimed in  the  plan for the  stra-
                           tegy.  These emission reductions are  15 percent  for
                           hydrocarbons and 12  percent for carbon monoxide.

                    (3)     Ensure that  failed vehicles receive the maintenance
                           necessary to achieve compliance with  the  inspection
                           standards, and  retest failed vehicles following  main-
                           tenance.

                    (4)     (Reserved)

                    (5)     Begin  the first inspection cycle on October 1, 1975,
                           completing it by September 30,  1976.

                    (6)     Designate an agency  or agencies responsible for  con-
                           ducting  the  inspection and maintenance program.
                                              -21-

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(d)  After September 30, 1976, the State shall  not register or allow to
     operate on its streets or highways any light-duty vehicle that does
     not comply with the applicable requirements of the program esta-
     blished under paragraph (c) of this section.   This shall  not apply
     to the initial registration of a new motor vehicle.

(e)  After September 30, 1976, no owner of a light-duty vehicle shall
     operate or allow the operation of such vehicle that does not com-
     ply with the applicable requirements of the program established
     under paragraph (c) of this section.  This shall  not apply to the
     initial registration of a new vehicle.

(f)  The State of California shall submit no later than February 1,  1974,
     a detailed compliance schedule showing the steps  it will  take to
     establish an inspection and maintenance program pursuant  to para-
     graph (c) of this section.
                                     -22-

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(12.0)   52.243   Motorcycle  limitation.


          (a)   Definitions:

               (1)   "Motorcycle" means any self-propelled, two- or three-wheeled
                    motor vehicle capable of carrying one or more persons.

          (b)   This  section  is applicable in the San Diego, Los Angeles, San Fran-
               cisco Bay Area, San Joaquin Valley, and Sacramento Valley Air Qual-
               ity  control  Regions (the  "Region").

          (c)   As of January 1, 1976, the State of California shall prohibit the
               operation of motorcycles  in each Region between the hours of 6 a.m.
               and 8 p.m. during the months of May, June, July, August, and Sep-
               tember.

          (d)  The restrictions set forth in paraaraoh  (c)  of this  section shall
               be of no force and effect during the period from January 1, 1976,
               to December  31, 1978, if the Administrator establishes  legally  valid
               and binding  emission standards applicable to all new motorcycles
               meeting the  light-duty vehicle definition of the Clean Air Act,
               sold  in 1976  and later model years, and such standards require
               emission levels representing at least a 50 percent reduction in
               present emission levels of hydrocarbons emitted by 2-stroke motor-
               cycles and a  significant  reduction in emissions of carbon monoxide
               from  present  levels emitted by both 2- and 4-stroke motorcycles.

          (e)  The restrictions set forth in paragraph  (c)  of this  section shall  be
               of no force  and effect on and after January 1, 1979, if the Admin-
               istrator establishes legally valid and binding emission standards
               for new motorcycles sold  in the 1979 and later model years, and
               such  standards receive motorcycles manufactured during the 1979
               and later model years to  achieve at least the same degree of emis-
               sion  control  of hydrocarbons and carbon monoxide as is required for
               1976  and later model year light-duty vehicles.

          (f)   No later than July 1, 1975, and July 1, 1978, respectively  (unless
               the applicable exemptions under paragraphs  (d) or (e) of this sec-
               tion  have become available), the State shall submit a detailed com-
               pliance schedule showing  the steps it will take to implement and en-
               force these  requirements, including:

               (1)   The text of needed  statutory proposals and needed regulations
                    which it will propose for adoption.

               (2)   A date  by which the  State will adopt procedures (or submit evi-
                    dence that they are  in existence) necessary to restrict the
                    operation of motorcycles as required above.  Such date shall
                    be no later than December 1, 1975, and December 1, 1978, re-
                    spectively.
                                            -23-

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           (12.0)    52.224    Oxidizing  catalyst  retrofit.

                        (a)   Definitions:

                             (1)   "Oxidizing catalyst" means a device installed in the ex-
                                  haust system of a vehicle that utilizes a catalyst and,
                                  if necessary,  ah air pump to reduce emissions of hydro-
                                  carbons and carbon monoxide from that vehicle.

!                             (2)   "Light-duty vehicle" means any gasoline-powered motor
                                  vehicle rated  at 6,000 pounds GVW or less.
j
                             (3)   All other terms used in this section that are defined in
j                                  Part  51, Appendix N, of this chapter, are used herein with
                                  the meanings so defined.
I
1                        (b)   This  section is applicable in the San Diego, San Francisco Bay
I                             Area, San  Joaquin Valley, Sacramento Valley, and Metropolitan
i                             Los Angeles Intrastate Air Quality Control Regions.
i
                        (c)   The State  of California shall establish a retrofit program to
|                             ensure that on or before May 31, 1977, all gasoline-powered,
                             light-duty motor vehicles of model years 1966 through 1974,
1                             which are  subject under currently existing legal requirements
i                             to registration in  the area defined in paragraph (b) of this
:                             section, and which  are capable of operating on unleaded gaso-
                             line  having a research octane number (RON) of 91 or lower,
                             are equipped with an appropriate oxidizing catalyst retrofit
•                             device.  No later than September 1, 1974, the State shall
1                             submit legally adopted regulations to EPA establishing such
|                             a program.  The regulations shall include:
i
                             (1)   Designation of an agency responsible for evaluating and
j                                  approving such devices for use in motor vehicles subject
1                                  to this section.
i
1                             (2)   Designation of an agency responsible for ensuring that the
,                                  provisions of  paragraph (c) (3) of this section are enforced.

1                            (3)  A provision that, starting no later than December 1, 1975,
i                                 the State of California shall commence retrofitting oxi-
                                 dizing catalysts to those light-duty motor vehicles able
                                  to operate properly and safely on unleaded 91 RON gasoline.
                                 The installation shall be completed by May 31, 1977.

 :                            (4)  A method and proposed procedures for ensuring that those
 I                                 installing the retrofits have the training and ability to
                                  perform the needed tasks satisfactorily and that they have
                                 an adequate supply of retrofit components.
                                                       -24-

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(d)  After May 31,  1977,  the State shall  not register or allow to  oper-
     ate on public  streets  or highways  any light-duty, gasoline-powered
     vehicle that does not  comply with  the applicable standards and  pro-
     cedures adopted pursuant to paragraph (c)  of this section.

(e)  After May 31,  1977,  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  adopted
     pursuant to paragraph  (c) of this  section.

(f)  The State of California shall submit, no later than April 1,  1974,
     detailed compliance  schedule showing the steps it will take to
     establish and  enforce  a retrofit program pursuant to paragraph  (c)
     of this section, and the text of needed statutory proposals  and
     needed regulations that it will propose for adoption.  The compli-
     ance schedule  shall  include a date by which the State shall evalu-
     ate and approve devices for use in this program.  Such date shall
     be no later than January 1, 1975.
                                     -25-

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(12.0)  52.245  Control  of oxides  of nitrogen,  hydrocarbon,  and carbon  monoxide
                emissions from in-use vehicles.


         (a)   The State of California retrofit program,  authorized  under section
              39176 of  the State  of California Health  and Safety Code  and esta-
              blished by the California  Air Resources  Board for the purpose  of
              controlling oxides  of nitrogen,  hydrocarbon,  and carbon  monoxide
              emissions from model  year  1955 through 1965 light-duty motor
              vehicles, shall  be  extended to the  San Joaquin Valley and Sacra-
              mento Valley Intrastate Air Quality Control Regions (the "Regions"),

         (b)   Beginning March 31, 1974,  the State of California shall  commence
              the operation of this program in the Regions.
              (38 FR 31246, Nov.  12, 1973)
                                           -26-

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(51.21)   52.246  Control  of dry cleaning  solvent  vapor  losses.
           (a)   For the purpose  of this  section,  "dry cleaning operation" means
                that process  by  which  an organic  solvent  is used  in  the commer-
                cial  cleaning of garments  and other  fabric materials.

           (b)   This section  is  applicable in the Metropolitan Los Angeles,
                Sacramento Valley.  San Joaquin  Valley, and San Francisco Bay
                Area Intrastate  Air Quality Control  Regions (the  "Regions")
                except as  follows:

                (1)  In the following  portions  of the Sacramento  Valley Region,
                     this  section is rescinded:

                     (i)      Sacramento  County  APCD

                (2)  In the following  portions  of the Metropolitan Los Angeles
                     Intrastate  Region,  this section is rescinded.
                     (i)      Ventura County APCD
           (c)   Any dry cleaning establishment  that  uses  solvents containing
                4  percent  or  more by volume of  any reactive organic  material
                listed under  parpgraphs  (k)  (1),  (2), and (3) of  52.254
                except perchloroethylene or any saturated halogenated hydro-
                carbon shall  reduce the  emissions of the  discharged  organics by
                90 percent by use of activated  carbon adsorption  or  other appro-
                priate means;  not later  than January 1, 1975.

           (d)   If incineration  is  used  as a control technique, 90 percent or
                more of the carbon  in  the  organic compounds being incinerated
                must be oxidized to carbon dioxide.
                                              -27-

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(12.0)   52.247  Definitions  for parking management  regulations.


          (a)   For purposes  of 52.248, 52.249,  52.250, and  52.251:

               (1)  "Parking facility" (also  called "facility") means any facility,
                    building,  structure,  lot, or  portion thereof used primarily
                    for temporary  storage of  motor  vehicles.

               (2)  "Parking space" means any area  whatsoever customarily used
                    for the  temporary storage of  a  motor vehicle that is not
                    being  held for the sole purpose of original sale, resale, or
                    repair.

               (3)  "Employer" means any  person or  entity that employs 50 or more
                    persons.   "Employee parking space" means any parking space
                    reserved or provide by any  employer for the primary use of his
                    employees.

               (4)  "Residential parking  space" means any parking space used pri-
                    marily for the parking of vehicles of persons residing within
                    less than  half a mile of  the  space.

               (5)  "Commercial  parking space"  means any parking space in which
                    the parking of a single motor vehicle is permitted for a fee.
                    It  includes on-street parking governed  by parking meters, and
                    excludes employee and residential parking spaces.

               (6)  "Free  parking  space"  means  any  parking  space in which the
                    parking  space  in which the  parking of a single motor vehicle
                    without  fee is permitted  or encouraged  by the person having
                    control  of such space, whether  for the  purpose of encouraging
                    patronage  of commercial establishment(s) or otherwise.  It
                    includes free  on-street parking and free parking on vacant lots,
                    and excludes employee and residential parking spaces.  All
                    parking  spaces are either commercial, employee, residential,
                    or  free  parking spaces.
                                               -28-

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52.248 - 52.250  (Reserved)
                                     -29-

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(12.0)  52.251   Management  of parking  supply.


         (a)   Definitions:

              (1)   "Parking  Facility"  (also called  "facility") means a lot, ga-
                   rage, 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
                   that originates or terminates at a parking facility.

              (3)   "Construction" means fabrication, erection, or installation of
                   a parking facility,-or any conversion of land, a building or
                   structure, or portion 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 on-site
                   construction or modification.

         (b)   This  regulation is applicable in the  Metropolitan Los Angeles, San
              Diego, and San  Francisco Bay Area Intrastate Air Quality Control
              Regions, in the Stanislaus, Fresno, San Joaquin, and Kern County
              portions of the San Joaquin Valley Intrastate Air Quality Control
              Region, and in  the Sacramento, Yolo,  El Dorado, and Placer County
              portions of the Sacramento Valley Intrastate Air Quality Control
              Region.

         (c)   The requirements of paragraphs (d) through(i) of this section are
              applicable to  the following parking  facilities  in  the  area  speci-
              fied  in paragraph (b) of this section, the construction or modifi-
              cation of which is commenced after January 1, 1975.

              (1)   Any new parking facility with parking capacity for 250 or more
                   vehicles;

              (2)   Any parking facility that will be modified to increase parking
                   capacity by 250 or more vehicles; and

              (3)   Any parking facility constructed or modified in increments which
                   individually are not subject to  review under paragraph (c) (1)
                   and/or (c) (2) of this section but which, when all such incre-
                   ments occurring since January 1, 1975, are added together, as
                   a total  would subject the facility to review under paragraphs,
                   (c) (1) and/or (c)  (2) of this section.
                                            -30-

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(d)  No person shall  commence construction or modification of any facil-
     ity subject to this section without first obtaining written approval
     from the Administrator or an agency designated by him; provided
     that his paragraph shall not apply to any proposed construction or
     modification for which a general  construction contract was finally
     executed by all  appropriate parties on or before January 1, 1974,
     in good faith and not for the purpose of avoiding review.  It does
     not apply to any parking facility constructed or operated together
     with a residential building or buildings for the primary use of res-
     idents of such building(s), nor does it apply to any parking facil-
     ity to be constructed by a religious organization and to be used
     solely for religious  purposes  (not  including  high  schools  and
     college-level education).

(e)  No approval to construct or modify a facility shall be granted un-
     less the applicant shows to the satisfaction of the Administrator
     or an agency approved by him that either:

     (1)  There is a clear economic or social need for the facility, and
          that it will be so designed and located as to minimize any ad-
          verse impact on air quality; or

     (2)  Commitments made by the applicant prior to the effective date
          of this regulation make it unjust to require more than limited
          alterations to minimize effect on air quality; or

     (3)  (i)     The design or operation of the facility will not cause
                  a violation of the control strategy which is part of
                  the applicable implementation plan and will be consis-
                  tent with the plant's VMT reduction goals; and

          (ii)    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.  A permit may not be denied for
                  reasons based on air quality in any case where the ap-
                  plicant makes a showing satisfactory to the Adminis-
                  trator or the agency designated by him that the spaces
                  to be built will  be used exclusively for serving mass
                  transit (for example, as part of a park-and-ride sys-
                  tem).

(f)  Except to the extent that the Administrator or agency designated
     by him may waive any such requirement in writing, all applications
     for approval under this section shall include the following infor-
     mation:

     (1)  Name and address of the applicant.
                                    -31-

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     (2)  Location and description of the parking facility.

     (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 construc-
          tion or modificiatoin of the facility.

     (6)  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.

     (7)  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.

     (8)  An estimate of the average and peak hour vehicle trip genera-
          tion rates, before and after construction or modification of
          the facility.

     (9)  An estimate of the effect of the facility on traffic pattern and
          flow.

    (10)  An estimate of the effect of the facility on total VMT for the
          air quality control region.

    (11)  Additional information, plans, specification, or documents as
          required by the Administrator.

(g)  If the administrator or agency designated by him specifically so re-
     quests, the application shall also include an analysis of the effect
     of the facility on site and regional air quality, including where
     applicable  a showing that the facility will be compatible 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 stand-
     ardized screening technique to be used in analyzing the effect of the
     facility on ambient air quality.

(h)  feach application shall  be signed by the owner or operator of the
     facility, whose signature shall constitute an agreement that the
     facility shall be operated in accordance with applicable rules, reg-
     ulations, permit conditions, and the design submitted in the appli-
     cation.

(i)  Within 30 days after receipt of an application, the Administrator or
     agency approved by him shall notify the public by prominent
                                     -32-

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     advertisement in the region described in paragraph (b)  of this  sec-
     tion, of the receipt of the application and the proposed action on
     it (whether approval, conditional  approval, or denial), and shall
     invite public comment.

     (1)  The application, all  submitted information, and the terms  of
          the proposed action shall be  made available to the public  in
          a readllv accessible place within the area described in para-
          graph (b) of this section.

     (2)  Public comments submitted within 30 days of the date such  in-
          formation is made available shall be considered in making  the
          final decision on the application.

     (3)  The Administrator or agency approved by him shall  take final
          action (approval, conditional approval, or denial) on an ap-
          plication within 30 days after close of the public comment
          period.

(j)  For any new parking facility with  capacity for 50 to 249 motor  ve-
     hicles, any facility which will be modified to increase parking
     capacity by 50 to 249 motor vehicles, and any facility  constructed
     or modified in increments which individually are not subject to
     review under this paragraph, but which, when all such Increments
     occurring since January 1, 1975, are added together, as a total
     would subject the facility to review under this paragraph, no person
     shall commence construction or modification without first furnishing
     to the Administrator or any agency designated by him, the informa-
     tion required by paragraphs (f) (1) through (f) (5)  of  this section
     No approval will be required by the Administrator unless the deter-
     mination specified in paragraph (k) of this section is  made. This
     paragraph shall not apply to any proposed construction  or modifi-
     cation for which a general construction contract was finally exe-
     cuted by all appropriate parties on or before January 15, 1975.

(k)  If the Administrator,.or an agency designated by him, determines,
     and gives prominent public notice  of such determination, that con-
     struction of parking lots of 50 to 249 spaces (or modification  of
     parking lots to add 50 to 249 spaces) 1n any geographical subdi-
     vision of the areas specified in paragraph (b) of this  section, is
     having or is likely to have a significant detrimental effect on the
     control strategies in this transportation control plan  or on air
     quality, he may require approval by him, or an agency designated
     by him, pursuant to the procedures in paragraphs (d) through (1) of
     this section prior to construction of any additional such lots  in
     such a subdivision.  The Administrator shall approve an application
     unless he determines that the facility to be constructed would,
     either in itself or when viewed as part of a pattern of development,
     have a significant adverse impact  on the applicable transportation
     control strategy.
                                    -33-

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(1)  As an alternative to satisfying the requirements of paragraphs (d)
     through (k) of this section, any local jurisdiction, or authority
     may submit to the Administrator a comprehensive parking management
     plan covering, at a minimum, the next 5 years.  The plan should be
     submitted no later than October 15, 1974.  The Administrator shall
     approve such plan if he finds that:

     (1)  The agency submitting the plan has full and adequate legal
          authority to enforce compliance with its requirements.

     (2)  The area over which the agency exercises  the authority des-
          cribed in paragraph (j) (1) of this section is a logical  unit
          for air pollution control planning purposes.

     (3)  The plan sets forth a complete description of where additional
          construction of parking facilities will be allowed under this
          plan or by further measures already adopted or to be adopted.
          The plan must state in detail  the reasons for expecting any
          anticipated reduction in parking spaces, and must provide
          that no parking facility may legally be constructed in  the
          area subject to the plan unless such construction is speci-
          fically authorized by  the  plan.

     (4)  The plan demonstrates that 1f Its terms are carried out,  air
          quality will improve at least as much as if all  new parking
          facilities were subject to the requirements of paragraphs (d)
          through (k) of this section were followed, the plan shall  show
          by clear and convincing  evidence  any  resulting  impact  on  air
          quality to be.insubstantial.

     (5)  The plan has been adopted after a public hearing held in  con-
          formity with the requirements  of 51.4 of this chapter.

(m)  In any area covered by a parking management plan approved under
     paragraph (1) of this section, no action to expand the number  of
     spaces at parking facilities may be taken that is not explicitly
     provided for in the plan without a  permit issued in accordance
     with the requirements of paragraphs  (d)  through  (k) of this  sec-
     tion.
                                    -34-

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(51.21)  52.252  Control  of degreasing operations.


          (a)   "Degreasing" means  any operation  using an  organic  solvent as a
               surface cleaning agent prior to fabricating,  surface  coating,
               electroplating,  or  any other process.

          (b)   This  section is  applicable  in the Metropolitan Los Angeles, Sacra-
               mento Valley, San Joaquin Valley, and San  Francisco Bay Area Air
               Quality Control  Regions (the "Regions"), except  as follows:

               (1)   In the following  portions of the Sacramento Valley Region,
                    this section is rescinded:

                    (i)      Sacramento County APCD

               (2)   In the following  portions of the Metropolitan Los Angeles
                    Intrastate  Region, this section is rescinded:

                    (i)      Ventura County APCD

          (c)   Any organic emissions  discharged  from degreasing operations must
               either be reduced by at least 85  percent,  or  the degreasing solvent
               must  be classified  as  non-photochemically  reactive as defined by
               paragraph (k) of 52.254 no  later  than January 1, 1975.  This regu-
               lation shall not be construed as  lessening any emission control
               requirement specified  under EPA approved regulations  or 52.254.
               Degreasing operations  using perchloroethylene or saturated halo-
               genated hydrocarbons shall  be exempt from  the requirements of this
               section.
                                              -35-

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(51.21)   52.253  Metal  surface  coating thinner and reducer.

           (a)   All  terms  defined in  52.254 are used herein  with  the meanings  so
                defined.

           (b)   This section  is applicable in  the  Metropolitan  Los  Angeles,  San
                Diego,  Sacramento Valley,  San  Joaquin Valley, and San Francisco
                Bay  Area  Intrastate Air Quality Control  Regions (the "Regions"),
                except  as  follows:

                (1)   In the following portions of  the Sacramento  Valley  Region,
                     this  section is  rescinded:

                     (i)      Sacramento County APCD

                (2)   In the following portions of  the Metropolitan  Los Angeles
                     Intrastate Region, this section is  rescinded:

                     (i)      Ventura  County APCD

           (c)   The  composition of the organics  in all metal surface coating thin-
                ners and reducers that are manufactured  after January 1,  1975, and
                are  used in the Regions, shall  conform to  paragraph (k)  of 52.254
                so as to be defined as a non-photochemcially reactive solvent.

           (d)   After July 1975,  the  composition of the  organics  in all  metal sur-
                face coating  thinners and  reducers that  are  used  in the  Regions,
                shall conform to  paragraph (k) of  52.254 so  as  to be defined as a
                non-photochemical1y reactive solvent.

           (e)   If there is an  inadequate  supply of necessary solvent ingredients
                needed  in  the manufacture  of metal surface coating  thinners  and  re-
                ducers  for the  purpose of  meeting  the composition requirements of
                this  section  in the time constraint required by this section; then
                evidence of such  a supply  inadequacy must  be presented to the Ad-
                ministrator by  the manufacturers of the  metal surface coating
                thinners and  reducers,  so  that the Administrator  may grant to the
                industry an appropriate implementation time  extension for meeting
                the  requirements  of this section,  if and as  warranted by the evi-
                dence presented.
                                              -36-

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(50.4)   52.254  Organic solvent usage.


          (a)   This section is  applicable  in  the  Sacramento Valley,  San  Francisco
               Bay Area,  and San Ooaquin Valley Intrastate Air Quality Control
               Regions (the "Regions"),  except  as follows:

               (1)  In the following  portions of  the  San  Joaquin Valley  Region,
                    only the hourly emission  limitations  contained  in paragraphs
                    (b),  (c), and (d) of this section are in  effect; the follow-
                    ing paragraphs, needed for  interpretation and enforcement of
                    these emission limitations, are also  in effect:  Paragraphs
                    (e) through (1) and  (o) thrnuph  (a) of this section.

                    (i)     Stanislaus County

                    (11)     Kern County  APCD

                    (iii)   Fresno County  APCD

                    (1v)     San Joaquin  County  APCD

                    (v)     Madera County  APCD

               (2)  In the following  portions of  the  San  Joaquin Valley  Region,
                    only the hourly emission  limitations  contained  in paragraphs
                    (b),  (c) and (d)  of  this  section  and  the  architectural  coat-
                    ings and solvent  disposal emission limitations  contained in
                    paragraphs  (m) through (n)  of this section are  in effect;  the
                    following paragraphs,  needed  for  interpretation and  enforcement
                    of these emission limitations, are also in effect:   Paragraphs
                    (e) through (1) and  (o) through(q) of this section.

                    (i)     Kings County APCD

               (3)  In the following  portions of the  Sacramento Valley Region
                    this  section is rescinded:

                    (i)     Sacramento County APCD

          (b)   No person  shall  discharge into the atmosphere  more than 15 pounds of
               organic materials in any  1  day or  more than 3  pounds in any 1 hour
               from any article, machine,  equipment,  or other contrivance in which
               any organic solvent or any  material containing organic solvent comes
               into contact with flame or  is  baked, heat-cured, or  heat-poly-
               merized in the presence of  oxygen, unless  said discharge  has been
               reduced by at least 85 percent.  Those portions of any series of
               articles,  machines, equipment, or  other contrivances designed for
               processing continuous  web,  strip,  or wire  that emit  organic  materials
               in the  course of using operations   described in this section shall
               be collectively  subject to  compliance  with this section.
                                             -37-

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(c)  A person shall not discharge to the atmosphere more than 40. pounds
     of organic materials in any 1 day or more than 8 pounds in any 1
     hour from any article, machine, equipment, or other contrivance
     used under conditions other than those described in paragraph (b)
     of this section for employing or applying any photochemically
     reactive solvent, as defined in paragraph (k) of this section, or
     material containing such photochemically reactive solvent, unless
     said discharge has been reduced by at least 85 percent.  Emissions
     of organic materials into the atmosphere resulting from air-or
     heated-drying of products of the first 12 hours after their removal
     from any article, machine, or other contrivance described in this
     section shall be included in determining compliance with this para-
     graph.  Emissions resulting from baking, heat-curing, or heat-poly-
     merizing as described in paragraph (b) of this section shall  be
     excluded from determination of compliance with this section.   Those
     portions of any series of articles, machines, equipment, or other
     contrivances designed for processing a continuous web, strip, or
     wire that emit organic materials 1n the course of using operations
     described in this section shall be collectively subject to compli-
     ance with this section.

(d)  A person shall not, after August 31, 1976, discharge into the atmos-
     phere more than 3,000 pounds of organic materials in any 1 day or
     more than 450 pounds in any 1 hour from any article, machine, equip-
     ment or other contrivance in which any non-photochemically reactive
     organic solvent or any material containing such a solvent is employ-
     ed or applied, unless said discharge has been reduced by at least
     85 percent.  Emissions of organic materials into the atmosphere re-
     sulting from air- or heated-drying of products for the first 12
     hours after their removal from any article, machine, equipment, or
     other contrivance described in this section shall be included in
     determining compliance with this section.  Emissions resulting from
     baking, heat-curing, or heat-polymerizing as described in paragraph
     (b) of this section shall be excluded from determination of compli-
     ance with this section.  Those portions of any series of articles
     machines, equipment, or other contrivances designed for processing
     a continuous web, strip, or wire that emit organic materials in the
     course of using operations described 1n this section shall be col-
     lectively subject to compliance with thise section.

(e)  Emissions of organic materials to the atmosphere from the cleaning
     with photochemically reactive solvent, as defined 1n paragraph (k)
     of this section, of any article, machine, equipment, or other contri-
     vance described in paragraphs (b), (c), or (d) of this section, shall
     be included with the other emissions of organic materials for deter-
     mining compliance with this rule.

(f)  Emissions of organic materials into the atmosphere required to be
     controlled by paragraphs (b), (c)  or (d) of this section, shall be
     reduced by:
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     (1)  Incineration,  provided that 90 percent or more  of the  carbon
          in the organic material  being incinerated is oxidized to carbon
          dioxide, or

     (2)  Adsorption, or

     (3)  Processing in  a manner determined by the Administrator to  be
          not less effective than the methods outlined in paragraph  (f)
          (1) or (2) of  this section.

(g)  A person Incinerating, adsorbing, or otherwise processing organic
     materials pursuant  to this section shall provide, properly  install
     and maintain in calibration,  in good working order and in operation,
     devices as specified in the authority to construct to permit to
     operate, or as specified by the.". Administrator,for Indicating temp-
     eratures, pressures, rates of flow, or other operating conditions
     necessary to determine the degree and effectiveness  of air  pollution
     control.

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

(i)  The provisions of this section shall  not apply to:

     (1) .The manufacture of organic solvents, or the transport  or stor-
          age of organic solvents or materials containing organic sol-
          vents.

     (2)  The use of equipment for which other requirements are  specified
          by rules or which are exempted from air pollution control  re-
          quirements by  applicable rules affecting the storage of petro-
          leum products, effluent oil-water separators, and the  transfer
          of gasoline.

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

     (4)  The employment, application, evaporation, or drying of satur-
          ated halogenated hydrocarbons or perchloroethylene.

     (5)  The use of any. material  1n any article, machine, equipment,
          or other contrivance described in paragraphs (b), (c), (d), or
          (e) of this section, if:

          (i)     The volatile content of such materials  consists only of
                  water  and organic solvent, and
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             (ii)   The organic solvents comprise not more than  20  percent
                    by volume of said volatile content,  and

             (iii)  The volatile content is  not photochemically  reactive
                    as defined in paragraph  (k) of this  section,  and

             (iv)   The organic solvent or any material  containing  solvent
                    does not come into contact with flame.

             This last stipulation applies only for those articles, machines,
             equipment, or contrivances that are constructed  or  modified
             after the effective date of this section.

      (6)    The use of any material  in any  article, machine,  equipment, or
             other contrivance described in  paragraphs  (b), (c),  (d), or
             (e) of this section, if:

             (i)    The organic solvent content of such  material  does not
                    exceed 30 percent by volume of said  material; this  to
                    be effective until January 1, 1977.   After January  1,
                    1977, the organic solvent content of such  material
                    must not exceed 20 percent by volume of said material.

             (ii)   The volatile content is  not photochemically  reactive
                    as defined in paragraph  (k) of this  section,  and

             (iii)  The organic solvent or any material  containing  organic
                    solvent does not come into contact with flame.  This
                    last stipulation applies only for those articles,
                    machines, equpment or contrivances that are  constructed
                    or modified after the effective date of this  section.

(j)   For the purposes of this section, organic solvents include diluents,
      thinners,  and reducers and are defined as organic  materials that
      are liquids at standard conditions and are used as dissolvers, vis-
      cosity reducers, or cleaning agents, except that such materials ex-
      hibiting a boiling point higher than 220° F at 0.5 millimeter mercury
      absolute pressure or having an equivalent vapor pressure shall not
      be considered to be solvents unless exposed to temperatures exceed-
      ing 220° F.

(k)   For the purpose of this section, a photochemically reactive solvent
      is any solvent with an aggregate of more than 20 percent of its
      total  volume composed of the chemical  compounds classified below
      or which exceeds any of the following  individual percentage com-
      position limitations, referred to the  total volume of solvent:

      (1) A combination of hydrocarbons, alcohols, aldehydes, esters,
          ethers, or ketones having  an olefinic or cyclo-olefinic type
          of unsaturation; 5 percent;
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     (2)  A combination of aromatic compounds with 8 or more carbon
          atoms to the molecule except ethyl benzene, phenyl  acetate,
          and methyl benzoate; 8 percent;

     (3)  A combination of ethylbenzene, ketones having branched hydro-
          carbon structures, trichloroethylene or toluene: 20 percent.

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

(1)  For the purpose of this section, organic materials are  defined as
     chemical compounds of carbon excluding carbon monoxide, carbon
     dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.

(m)  Architectural coatings and their use shall conform to the following
     requirements, on or before January 1, 1975.

     (1)  A person shall not sell or offer for sale or use in the areas
          in which this section applies, 1n containers of 1-quart capa-
          city or larger, any architectural coating containing photo-
          chemically reactive solvent, as defined in paragraph (k) of
          this section.

     (2)  A person shall not employ, apply, evaporate, or dry in the
          areas in which this section, applies any architectural coating
          purchased in containers of 1-quart capacity or larger contain-
          ing photochemically reactive solvent, as defined in paragraph
          (k) of this section.

     (3)  A person shall not thin or dilute any architectural coating
          with a photochemically reactive solvent, as defined in para-
          graph (k) of this section.

     (4)  For the purpose of this section, an architectural  coating is
          defined as a coating used for residential or commercial
          buildingiana tnelr appurtenances or for Industrial buildings.

(n)  A person shall not during any one day dispose of a total of more
     than 1.5 gallons of any photochemically reactive solvent as defined
     in paragraph (k) of this section, or of any material containing
     more than 1.5 gallons of any such photochemically reactive solvent
     by any means that will permit the evaporation of such solvent into
     the atmosphere.

(o)  Compliance schedule.
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        '(1)  Except where other final  compliance dates  are provided in
             this section, the owner or operator of any stationary source
             subject to this section shall  comply with  this section on  or
             before March 31, 1974.   In any event:

             (i)    Any owner or operator in compliance with this  section
                    on the effective date of this section shall  certify
                    such compliance  to the Administrator no later  than
                    120 days following the effective date of this  section.

             (ii)   Any owner or operator who achieves  compliance  with
                    this section after the effective date of this  section
                    shall certify such compliance to the Administrator
                    within 5 days of the date compliance is achieved.

(p)    Any owner or operator of a stationary source subject to  paragraph
       (o) (1) of this section may,  not later than 120  days following the
       effective date of this section, submit to the Administrator for  ap-
       proval a proposed compliance  schedule that demonstrates  compliance
       with the provisions in paragraph (o) (1)  of this section as expe-
       ditious ly as practicable but  no later, than July  31, 1975.   The com-
       pliance schedule shall provide for increments of progress toward
       compliance.   The dates for achievement of such increments of pro-
       gress shall  be specified.   Increments of  progress shall  include,
       but not be limited to:  Submittal of final control plan  to  the
       Administrator; letting of necessary contracts for construction
       or process changes or issuance of orders  for purchase of component
       parts to accomplish emission  control or process  modification,
       initiation of onsite construction or installation of emission
       control equipment or process  modification; completion of onsite
       construction or installation  of emission  control equipment  or
       process modification and final  compliance.

(q)    Any owner or operator who submits a  compliance schedule  pursuant
       to this section shall, within 5 days after the deadline  for each
       increment of progress, certify to the Administrator whether or
       not the required increment of the approved compliance schedule
       has been met.
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(12.0)   52.255  Gasoline transfer vapor control.


          (a)   "Gasoline" means  any petroleum distillate  having a Reid  vapor pres-
               sure of 4 pounds  or greater.

          (b)   This section  is applicable  in  the  Metropolitan  Los Angeles, Sacra-
               mento Valley,  and San Joaquin  Valley Intrastate Air Quality Control
               Region, except for the air  pollution control  districts identified
               below for which the control  requirements of this section are limit-
               ed to facilities  with a total  throughput less than 20,000 gallons
               per day,  the  refilling of delivery vessels at these facilities, and
               storage containers serviced by these facilities:

                    (i)      Fresno County  APCD

                    (ii)    Kern County APCD

                    (iii)   Merced County  APCD

                    (iv)    Sacramento County APCD

                    (v)      San  Joaquin County APCD

                    (vi)    Santa Barbara  County  APCD

                    (vii)   Southern California APCD

                    (viii)  Stanislaus County APCD

                    (ix)    Tulare County  APCD

                    (x)      Ventura County APCD

          (c)   No person shall transfer gasoline  from  any delivery vessel into
               any stationary storage container with a capacity greater than
               250 gallons unless such container  is equipped with a  submerged fill
               pipe and  unless the displaced  vapors from  the storage container are
               processed by  a system that  prevents release to  the atmosphere of no
               less than 90  percent by weight of  organic  compounds in  said vapors
               displaced form the stationary  container location.

               (1)   The  vapor recovery portion of the  system shall include one or
                    more of  the  following:

                    (i)     A vapor-tight  return  line  from the storage  container
                            to the delivery vessel  and a  system that will ensure
                            that the vapor return line is connected  before gaso-
                            line can be transferred into  the container.
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     (ii)    Refrigeration-condensation system or equivalent de-
             signed to recover no less than 90 percent by weight
             of the organic compounds In the displaced vapor.

(2)  If a "vapor-tight vapor return" system is used to meet the re-
     quirements of this section,  the system shall be so constructed
     as to be readily adapted to  retrofit with an absorption system,
     refrigeration-condensation system, or equivalent vapor removal
     system, and so constructed as to anticipate compliance with
     52.256.

(3)  The vapor-laden delivery vessel shall be subject to the follow-
     ing conditions:

     (i)     The delivery vessel  must be so designed and maintained
             as to be vapor-tight at all times.

     (11)    The vapor-laden delivery vessel may be refilled only
             at facilities equipped with a vapor recovery system or
             the equivalent, which can recover at least 90 percent
             by weight of the organic compounds 1n the vapors  dis-
             placed from the delivery vessel during refilling.

     (iii)   Facilities that do not have more than 20,000 gallon
             per day through-put  and distribute less than 10% of
             daily volume to delivery vehicles that in turn service
             storage tanks that are required to have a vapor return  or
             balance system, will not be required to comply with the
             provisions of paragraph (c) of this section before May
             31, 1977.  Facilities that service delivery vehicles
             that in turn deliver not more than 500,000 gallons per
             year to storage tanks that are required to comply with
             the provisions of paragraph (c) of this section will
             not be required to comply with the provisions of para-
             graph (c) of this Section before January 1, 1977.
             Facilities that exclusively service storage tanks that
             do not have a required vapor return of balance system,
             will not be required to have a vapor recovery system.

     (iv)    Gasoline storage compartments of 1,000 gallons or less
             in gasoline delivery vehicles presently in use on the
             promulgation date of this regulation will not be re-
             quired to retrofitted with a vapor return system until
             May 31, 1977.

     (v)     Storage containers served by delivery vessels filled
             at distribution facilities with extended compliance
             dates will not be required to comply with the provi-
             sions of paragraph (c) of this section until May 31,
             1977.
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(d)  The provisions of paragraph (c) of this section  shall  not  apply
     to the following:

     (1)  Storage containers used primarily for the fueling of  imple-
          ments of husbandry, if such container is equipped by  May 31,
          1977 with a permanent submerged fill  pipe,  or at  the  time of
          installation for containers installed after this  date.

     (2)  Any storage container having a capacity of 2,000  gallons or
          less and installed prior to July 1, 1975, if such container.
          is equipped with a permanent submerged fill pipe  by May. 31,
          1977.

     (3)  Transfer made to storage tanks equipped with floating roofs
          or their equivalent.

     (4)  Storage containers installed after July 1,  1975 in Kings
          County.

     (5)  Storage containers installed after January 1, 1975 in Madera
        .  County.

(e)  Compliance schedule:

     (1)  June 1, 1974 - Submit to the Administrator a final control
          plan, which describes at a minimum the steps that will  be
          taken by the source to achieve compliance with the provisions
          of paragraph (c) of this section.

     (2)  March 1, 1975 - Negotiate and sign all necessary  contracts for
          emission control systems or issue orders for the  purchase of
          component parts to accomplish emission control.

     (3)  May 1, 1975 - Initiate on-site construction or installation of
          emission control  equipment.

     (4)  February 1, 1976 - Complete on-site construction  or installa-  .
          tion of emission control equipment.

     (5)  July 1, 1976 - assure final compliance with the provisions of
          paragraph (c) of this section.

     (6)  Any owner or operator of sources subject to the compliance
          schedule in this paragraph shall certify to the Administrator,
          within 5 days after the deadline for each increment of progress,
          whether or not the required increment of progress has been met.

(f)  Paragraph (e) of this section shall not apply:

     (1)  To a source which is  presently in compliance with the provisions
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          of paragraph (c) of this section and which has certified such
          compliance to the Administrator by June 1, 1974.  The Adminis-
          trator may request whatever supporting information he considers
          necessary for proper certification.

     (2)  To a source for which a compliance schedule is adopted by the
          State and approved by the Administrator.

     (3)  To a source whose owner or operator submits to the Adminis-
          trator, by June 1, 1974, a proposed alternative schedule.   No
          such schedule may provide for compliance after March 1, 1976.
          If promulgated by the Administrator, such schedule shall  satis-
          fy the requirements of this section for the affected source.

(g)  Nothing in this section shall preclude the Administrator from pro-
     mulgating a separate schedule for any source to which the applica-
     tion of the compliance schedule in paragraph (e) of this section
     fails to satisfy the requirements of 51.15 (b) and (c) of this  chap-
     ter.

(h)  Any gasoline-dispensing facility subject to this section that in-
     stalls a storage tank after the effedtive date of this section  shall
     comply with the requirements of paragraph (c)  of this section by
     March 1, 1976 and prior to that date shall  comply with paragraph (e)
     of this section as far as possible.   Any facility subject to this
     section that installs a storage tank after March 1, 1976, shall  com-
     ply with the requirements of paragraph (c)  of this section at the
     time of installation.
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(12.0)   52.256  Control  of evaporative losses  from the  filling  of  vehicular tanks,


          (a)   "Gasoline"  means any petroleum  distillate having a Reid vapor pres-
               sure of  4 pounds or greater.

          (b)   This section  is applicable in the Metropolitan Los Angeles, Sacra-
               mento Valley, and San Joaquin Valley Intrastate Air Quality Control
               Regions.

          (c)   A person  shall not transfer gasoline to  an automotive fuel tank
               from a gasoline dispensing system unless the transfer is made
               through a fill nozzle designed  to:

               (1)  Prevent  discharge  of hydrocarbon vapors to the atmosphere from
                   either the vehicle filler  neck or dispensing nozzle;

               (2)  Direct vapor displaced from the automotive fuel tank to a
                   system wherein at  least 90 percent  by weight of the organic
                   compounds in displaced vapors are recovered; and

               (3)  Prevent  automotive fuel tank over-fills or spillage on fill
                   nozzle disconnect.

          (d)   The system  referred to  in paragraph  (c)  of this section can con-
               sist of a vapor-tight vapor return line  from the fill nozzle/filler
               neck interface to the dispensing tank or to an adsorption, absorp-
               tion incineration, refrigeration-condensation system or its equiva-
               lent.

          (e)   Components  of the systems required by paragraph  (c) of 52.255 can
               be used for compliance  with paragraph (c) of this section.

          (f)   If it is  demonstrated to the satisfaciton of the Administrator that
               it is impractical to comply with the provisions of paragraph (c) of
               this section  as a result of vehicle fill neck configuration, loca-
               tion, or  other design features  for a class of vehicles, the provi-
               sions of  this paragraph shall not apply  to such vehicles.  However,
               in no case  shall such configuration exempt any gasoline dispensing
               facility  from installing and using in the most effective manner a
               system required by paragraph (c) of this section.

          (g)   Compliance  schedule:

               (1)  January  1, 1975 -  Submit to the Administrator a final control
                   plan,  which describes at a minimum  the steps that will be
                   taken  by the source to achieve compliance with the provisions
                   of paragraph (c) of this section.

               (2)  March  1, 1975 - Negotiate  and  sign  all necessary contracts
                                             -47-

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          for emission control systems, or issue orders for the pur-
          chase of component parts to accomplish emission control.

     (3)  May 1, 1975 - Initiate on-site construction or installation
          of emission control equipment.  Compliance with the require-
          ments of paragraph (c) of this section shall fae as soon as
          practicable, but no later than specified in paragraph (.g)  (4)
          and (5) of this section.

     (4)  May 1, 1977 - Complete on-site construction or installation
          of emission control equipment or process modification.

     (5)  May 31, 1977 - Assure final compliance with the provisions of
          paragraph (c) of this section.

     (6)  Any owner or operator of sources subject to the compliance
          schedule in this paragraph (g) shall  certify to the Adminis-
          trator, within 5 days after the deadline for each increment
          of progress, whether or not the required increment of progress
          has been met.

(h)  Paragraph (g) of this section shall not apply:

     (1)  To a source which is presently in compliance with the provi-
          sions of paragraph (c) of this section and which has certi-
          fied such compliance to  the Administrator  by January 1, 1975.
          The Administrator may request whatever supporting information
          he considers necessary for proper certification.

     (2)  To a source for which a compliance schedule is adopted by  the
          State and approved by the Administrator.

     (3)  To a source whose owner or operator submits to the Administra-
          tor, by June 1, 1974, a proposed alternative schedule.   No
          such schedule may provide for compliance after May 31,  1977.
          If promulgated by the Administrator,  such schedule shall satis-
          fy the requirements of this section for the affected source.

(i)  Nothing in this section shall preclude the Administrator from pro-
     mulgating a separate schedule for any source to which the applica-
     tion of the compliance schedule in paragraph (g) of this section
     fails to satisfy the requirements of 51.15 (b) and (c) of this
     chapter.

(j)  Any gasoline dispensing facility subject to this section that in-
     stalls a gasoline dispensing system after the effective date of
     this section shall comply with the requirements of paragraph (c)
     of this section by May 31, 1977, and prior to that date shall com-
     ply with paragraph (g) of this section as  far as possible.   Any
     facility subject to this section that installs a gasoline
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dispensing system after May 31, 1977, shall  comply with the re-
quirements of paragraph (c) of this section  at the time of in-
stallation.

Note:  The compliance dates given in paragraphs (g) (1) - (e)
       were deferred indefinitely at 40 FR 1127, Jan.  6, 1975.
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(12.0)    52.257  Computer carpool matching.


           (a)   "Carpool  matching"  means  assembling  lists  of commuters with  simi-
                lar daily travel  patterns and providing a  mechanism by which per-
                sons on such  lists  may be put in  contact with each  other  for the
                purpose of forming  carpools.

           (b)   This section  is applicable  to the Metropolitan Los  Angeles,  San
                Francisco Bay Area, and San  Diego Air Quality Control Regions;
                in  the  Fresno, San  Joaquin,  Stanislaus, and  Kern  counties of the
                San Joaquin Valley  Air Quality Control  Region; and  in the Sacra-
                mento,  Placer, Yolo,  and  El  Dorado counties  of the  Sacramento
                Valley  Intrastate Air Quality Control  Region (the "Regions").

           (c)   The State of  California shall,  unless exempted by the Administrator
                on  the  basis  of a finding that equivalent  service is being or will
                be  provided by some other public  or  private  entity, establish on
                or  before January 1,  1975,  a computer-aided  carpool  matching sys-
                tem that  is conveniently  available to the  general public  and to
                all  employees of businesses  within the Regions having more than 100
                employees who operate light-duty  vehicles  on streets and  highways
                over which the State  of California has ownership  or control.  In
                the Los Angeles Region, however,  the system  need  only, by January
                1,  1975,  cover employees  in  Los Angeles County and  other  cities in
                the Region having populations greater than 50,000,  but it must be
                expanded  to its full  required scope  by May 31, 1975.

           (d)   No  later  than July  1,  1974,  the State of California shall  furnish the
                Administrator with  separate  compliance schedules  (including  any
                necessary draft or  adopted  regulations) for  implementing  the re-
                quirements of paragraph (c)  of this  section  in each of the Regions.
                The compliance schedule shall  include:

                (1)   A  method of collecting  information that will include the fol-
                     lowing as a minimum:

                     (i)      Provisions for  each  affected  employee  to receive an
                             application  form with a cover letter describing the
                             matching program;

                     (1i)     Provision  on each  application for applicant  identi-
                             fication of  time,  origin,  and destination, and  the
                             applicant's  desire to ride only,  drive only,  or share
                             driving;

                     (iii)    A computer method  of matching information that  will
                             have provisions  for  locating  each applicant's :origin
                             and destinations  and travel schedules  and enabling the
                             persons  so matched to make contact with each  other at
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                  the request of any one of them;

          (iv)    A method of providing continuing service such  that the
                  matched lists of all  applicants  are retained and made
                  available for use by new applicants, application form*
                 are currently available, and the master lists are
                 periodically updated to remove applicants who no long-
                 er meet the governing criteria and add new applicants
                 who do.

          (v)     An agency or agencies responsible for operating, over-
                  seeing, and maintaining the computer carpool matching
                  system.

(e)  No later than September 31, 1974,  the State of California shall sub-
     mit to the Administrator validly adopted regulations establishing
     the program outlined in each such compliance  schedule.

(f)  The State of California shall, in conjunction with the employers
     listed below, establish pilot programs for. each region specified to
     assist it in developing the full-scale carpooling systems required
     by paragraph (c) of this section:

     (1)  In the San Diego Region - U.S.  Navy Underwater Systems Center
          and the U.S.  Navy Electronics Laboratory.

     (2)  In the San Francisco Region - U.S. Naval Base at Treasure
          Island, Alameda U.S.  Naval Air Station,  Presidio of the U.S.
          Army, and U.  S. Naval  Air Station at Moffet Field.

     (3)  In the Sacramento Valley Region - the McClellan Air Force Base,
          Sacramento.

     (4)  In the San Joaquin Valley Region - the Internal Revenue Ser-
          vice, Butler and Willow Avenues, Fresno.

     (5)  In the Los Angeles Region - the State shall cooperate  with the
          City of Los Angeles to establish a pilot program for all em-
          ployees in the Los Angeles central business district.

(g)  The pilot programs listed in paragraph (f) of this section  shall be
     implemented on the following schedule:

     (1)  On or before December 31, 1973, each employer or other entity
          subject to obligations under paragraph (f) of this section
          shall, together with the State of California, submit to the
          Administrator a compliance schedule conforming to the  substan-
          tive requirements of paragraph (d) (1) of this section.

     (2)  No later than March 31, 1975, the pilot  program shall  begin
          operation.
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(12.0)   52.258  Mass transit priority—exclusive bus  use


        (a)  This regulation is applicable in the San Diego Intrastate Air Quality
            Control Region.

        (b)  On or before October 30, 1974, the City of San Diego shall convert
            all lanes of roadway, from Kettner Boulevard to 14th Street, in the
            City of San Diego, to the exclusive use of buses.

        (c)  On or before March 31, 1974, the City of San Diego shall submit to
            the Administrator a detailed compliance schedule showing the steps
            it will take to convert Broadway to the exclusive use of buses.  The
            compliance schedule shall specify measures to prevent the use of
            Broadway by non-buses and shall provide for the establishment of a
            synchronized signal system to maintain traffic speed.

        (d)  No later than June 1, 1975,  the City of San Diego shall submit to
            the Administrator a detailed compliance schedule in the form spec-
            ified in paragraph (c:) of this section for the conversion to the
            exclusive use of buses of a significant additional number of miles
            of street (based on studies available to the Administrator) unless
            other measures deemed equivalent by the Administrator are submitted.
            No later than January 31, 1976, the City of San Diego shall put the
            program so outlined Into effect.

        (e)  On or before October 30, 1974, the State of California shall begin
            to provide preferential traffic treatment for buses operating be-
            tween the eastern terminus of the Broadway exclusive bus route es-
            tablished under paragraph (c). of this section and the entrances to
            State Highway 163.

        (f)  On or before March 31, 1974, the State of California shall submit to
            the Administrator a detailed compliance schedule showing the steps
            it will take to establish the required system of preferential treat-
            ment.  This schedule may provide for the conversion of selected
            streets to the exclusive use of such buses, for the establishment of
            bus lanes, for metering of all other traffic using streets set aside
            for priority use by buses, or for any other such system acceptable
            to the Administrator.
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(12.0)   52.259  Ramp metering and  preferential  bus/carpool  lanes.


          (a)   "Carpool"  means a vehicle  containing  three or more  persons.

          (b)   This  regulation is  applicable in the  San  Diego  Intrastate Air
               Quality Control Region.
                                i
          (c)   On or before June 30,  1974,  the  State of  California shall insti-
               tute  a program to grant  preferential  treatment  to buses  and  car-
               pools using the following  sections  of road:

               (1)   California State  Highway 125 from Interstate 8 to the
                    junction with  California State Highway  94;  and

               (2)   California State  Highway from  the junction  with California
                    State Highway  125 to  the junction with  Interstate Freeway 5.

          (d)   On or before December  31,  1973,  the State of California  shall submit
               to the Administrator a detailed  compliance schedule detailing the
               steps it will  take  to  establish  the preferential treatment system.
               The program shall include:

               (1)   A system of ramp  metering designed to prevent  the entrance of
                    vehicles other than buses and  carpools  onto the designated
                    road  segments  at  any  time when their entrance  would have the
                    effect of reducing  the  average speed at which  buses and car-
                    pools travel.   Such metering shall be established on each
                    access ramp serving the designated highway segments provided
                    that  any given ramp may be  exempted  from this  requirement if
                    the State of California makes  a  showing satisfactory to the
                    Administrator  that  the  effect  on average bus and carpool speed
                    of installing  such  metering would be insubstantial.

               (2)   A system of bypass  lanes designed to allow buses and carpools
                    to avoid congestion or  restrictions  caused by  the metering
                    system described  in paragraph  (d)(l) of this section.

          (e)   No later than September  30,  1975, the State  of  California shall im-
               plement a  further system of  preferential  treatment  for buses and
               carpools.   Unless other  measures deemed equivalent  by the Adminis-
               trator are submitted,  this program  shall  at  a minimum provide for
               the significant expansion  based  on  studies to be designated  by the
               Administrator of both  the  bus/carpool  lane and  the  ramp  metering
               systems.

          (f)   No later than March 30,  1975, the State of California shall  submit
               to the Administrator a detailed  compliance schedule showing  the
               steps it will  take  to  establish  the preferential treatment system
               required under paragraph (e)  of  this  section.
                                             -53-

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52.260   (Reserved)
                                     -54-

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(12.0)   52.261   Preferential  bus/carpool  lanes,  San  Francisco Bay Area.


          (a)   Definitions:

               (1)   "Bus/carpool  lane" means  a lane  on a  street or highway open
                    only to  buses  (or buses and  carpools), whether constructed
                    especially for that purpose  or converted from existing lanes.

               (2)   "Carpool" means a vehicle containing  three or more persons.

          (b)   This  regulation is  applicable  in  the  San Francisco Bay Area Intra-
               state Air Quality  Control  Region  (the "Region").

          (c)   On or before  May 1, 1974,  the  State of California, through the State
               Department of Transportation or through other agencies  to which  le-
               gal responsibility may have been  delegated, shall establish upon at
               least three major  highways having three or more lanes running in
               each  direction, a  system of bus/carpool lanes totalling not less
               than  45  miles running each morning and evening during the hours
               specified in  paragraph (d) (5) of this section in the direction of
               maximum  traffic flow.

          (d)   On or before  March 1, 1975, the State of California shall submit to
               the Administrator  a detailed compliance schedule showing the steps.
               it will  take  to establish  the  system  of bus/carpool lanes required
               by paragraph  (c) of this section, with each  schedule  to include  the
               following:

               (1)   Each street or highway that  will have bus/carpool  lanes must
                    be  prominently identified with a schedule for the  establish-
                    ment of  the lanes.

               (2)   Bus/carpool lanes must be prominently indicated  by overhead
                    signs  at appropriate  intervals and at each intersection of
                    entry ramps.

               (3)   Bus/carpool lanes must be prominently indicated  by distinctive
                    painted, pylon, or physical  barriers.

               (4)   Vehicles legally using the bus/carpool lanes shall have the
                    right  of way  when crossing other portions of the road to enter
                    or  leave such  lanes.

               (5)   The bus/carpool  lanes required hereunder may be either con-
                    current  flow  or contraflow and,  at a  minimum, shall  operate
                    from 6:30 a.m.  to 9:30 a.m.  and  from  3:30 p.m. to  6:30 p.m.
                    each weekday.

          (e)   On or before  May 31, 1975, the State  of California shall  implement
                                              -55-

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a further bus/carpool lane program under which the total mileage
of bus/carpool lanes required by paragraph (c) of this section
shall, at a minimum, be doubled.  On or before December 31, 1975,
the State of California shall submit to the Administrator a de-
tailed compliance schedule in the form specified by paragraph (d)
of this section, indicating the measures it will take to establish
this further program.
                               -56-

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(12.0)   52.262  Submittal  of studies  -  San Francisco  Bay Area.

           (a)   The  State of  California  shall  submit to  the Administrator  by Decem-
                ber  31,  1973,  a  status report  on  all "corridor  issues" presented  in
                The  San Francisco Metropolitan Transportation Commission Report of
                June 27, 1973.  This status report shall include,  but not necessari-
                ly be limited to:
                (1)   A  complete  description of the particular corridor issue study.
                (2)   The date of completion of the study.
                (3)   The total person-hours necessary  for the study.
                (4)   The relevance of  the  study to automotive emission reductions.
                (5)   The status  of the study as of December 31,  1973.
                (6)   The Administrator will  evaluate this status report  and deter-
                     mine if  greater Federal participation is required for either
                     resolution  of the study conclusions or implementation of  the
                     study's  recommendations.
                                               -57-

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(12.0)     52.263  Priority treatment for buses  and  carpools  -  Los Angeles  Region.


          (a)   Definitions:

               (1)  "Carpool"  means  a vehicle containing  three or more  persons.

               (2)  "Bus/carpool  lane" means a  lane on  a  street or  highway open
                    only to  buses (or to buses  and  carpools),  whether constructed
                    especially for that purpose or  converted from existing lanes.

               (3)  "Preferential treatment" for any class of  vehicles, means
                    either the setting aside of one traffic  lane for the exclu-
                    sive use of such vehicles or other  measures (for example,
                    access metering  or setting  aside the  entire street), which
                    the Administrator finds would be at least  equal in  VMT reduc-
                    tion effect to the establishment of such a lane.

          (b)   This  regulation is applicable In the Metropolitan Los Angeles  Intra-
               state Air Quality Control  Region (the "Region").

          (c)   On or before  May 31,  1974,  the State of  California,  through the
               State Deparment of Transportation or through  ohter agencies to
               which legal authority has been delegated,  shall  establish the  fol-
               lowing system of bus/carpool lanes.

               (1)  Ventura/Hollywood Corridor  - a  concurrent  flow  exclusive  bus/
                    carpool  lane from Tdpanga Canyon Boulevard, Woodland Hills
                    (U.S.  101) to junction of the Hollywood  Freeway, and contra-
                    flow on  the Hollywood Freeway (U.S. 101) from the junction with
                    Ventura  Freeway  in North Hollywood  to Vermont Avenue,  and
                    bus preferential  treatment  on arterial surface  streets from
                    Vermont  Avenue to the Los Angeles central  business  district
                    (CBD).

               (2)  Harbor Freeway Corridor - contraflow  on  Harbor  Freeway (Cali-
                    fornia 11) from  vicinity of Pacific Coast  Highway,  in  Wilming-
                    ton, to  junction of Santa Monica Freeway (1-10), then  by  sur-
                    face street preferential treatment  to LA/CBD.

               (3)  Wilshire Corridor - surface street  preferential bus treatment
                    from vicinity of San Vincente Boulevard, to LA/CBD.

               (4)  San Bernardino Freeway Corridor - Bus/carpool lane, either con-
                    traflow  or concurrent flow  on San Bernardino Freeway from El
                    Monte terminus of existing  San  Bernardino  Freeway bus  lane
                    (1-10),  to vicinity of Ontario  Airport.

               (5)  Priority Treatment in CBD - provide preferential treatment in
                    CBD on surface streets to connect Wilshire and  San  Bernardino
                    corridors.
                                              -58-

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(d)  On or before May 31, 1976, the State of California, through the
     State Department of Transportation or other agencies to which
     legal authority has been delegated, shall establish the following
     system of bus and bus/carpool lanes:

     (1)  Contraflow lane on the Golden State Freeway (1-5) from junc-
          tion of Ventura Freeway (California 134) in Los Angeles to
          San Bernardino Freeway (1-10).

     (2)  Contraflow on Pasadena Freeway (California 11) from terminus
          in City of Pasadena to Hollywood Freeway (U.S. 101).

     (3)  Contraflow on Pomona Freeway from San Gabriel Freeway (1-605)
          to Santa Ana Freeway (1-5).

     (4)  Concurrent flow in San Diego Freeway (1-405) from Ventura
          Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (Cali-
          fornia 55), Costa Mesa.

     (5)  Concurrent flow on Long Beach FreewajMCalifornia 7) from
          Santa Ana Freeway (1-5), City"of "Commerce" to" San Diego Free-
          way (1-405), Long Beach.

     (6)  Artesia Freeway (California 91) from Santa Ana Freeway (1-5)
          to Long Beach Freeway (California 7), Long Beach.

(e)  Stage III will include specific routes in other portions of the
     Region.

(f)  On or before December 31, 1973_, the State of California shall submit
     to the Administrator a compliance" scTi'e'dule showing the steps it will
     take to establish the system of bus/carpool lanes required by para-
     graphs (c) and (d) of this section, with each schedule to include
     the following:

     (1)  A schedule for the establishment of the lanes.  The schedule
          for the lanes required by paragraph (d) of this section shall
          provide for the first such lane to be set aside no later than
          June 1, 1974.
     (2)   Bus/carpool1 lanes must b§°prominently indicated by overhead
          signs at appropriate intervals and at each intersection of
          entry ramps.

     (3)   Bus/carpool  lanes must be prominently indicated by distinctive
          painted, pylon, or physical  barriers.

     (4)   Vehicles using a bus/carpool  lane shall  have the  right  of way
          when crossing other portions of the road to enter or leave such
          lanes.
                                   -59-

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     (5)  At a minimum, the bus/carpool lanes so set aside shall operate
          from 6:30 a.m.  to 9:30 a.m.  and from 3:30 to 6;30 a.m. each
          weekday.

(g)  No deviation from the system of bus/carpool lanes required under
     paragraph (c)  and (d) of this section shall be permitted except
     upon application made by the State of California to the Adminis-
     trator at the  time of submittal of compliance schedules and ap-
     proved by him, which application  must contain a satisfactory de-
     signation of alternate routes for the establishment of such lanes.
                                   -60-

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(12.0)  52.264  Mass transit priority strategy and  planning.


          (a)   In this section and 52.265,  "Mass  transit  priority" means any pre-
               ferential  treatment that  is  given  to mass  transit operations and
               carpool versus the  private single  passenger automobile,  in terms
               of access,  rights-of-way, or any other appropriate measures.

          (b)   This  section  Is applicable in the  four county area of El Dorado,
               Placer, Sacramento, and Yolo contained in  the Sacramento Valley
               Intrastate Air Quality Control  Region.

          (c)   A study to determine the  method or methods suitable for  providing
               mass  transit  bus operation priority  treatment on or in the vicinity
               of "J" Street in the City of Sacramento, shall  be conducted by the
               State of California or a  designated  local  or regional transportation
               authority.   In addition to or as an  adjunct to, the"J" Street study,
               the State of  California or a designated local or regional transporta-
               tion,  authority, shall investigate the present  and near-term
               future (i.e.  1975 to 1977) need for  priority treatment of mass
               transit buses in freeway  and major thoroughfare operations in the
               four  county area.

               (1)  The "J"  Street portion  of this  study  shall be completed and
                    submitted to the Administrator  by March 31, 1974, shall out-
                    line a suitable transit priority strategy  and shall present in
                    detail the implementation timetables  and obstacles  associated
                    with the strategy, so that the  Administrator can review imple-
                    mentation progress.  No later than September 30, 1975, the "J"
                    Street mass transit  priority  strategy must be implemented.

               (2)  The "freeway and major  thoroughfare"  portion of the study shall
                    be completed by March 31, 1974.  Estimated implementation time-
                    tables and obstacles associated with  likely strategies shall
                    be outlined so that  the Administrator can  review and determine
                    the need and progress of implementation.

               (3)  With regard to both  the "J" Street and the "freeway and major
                    thoroughfare"  sections  of the study,  general guidelines and
                    criteria shall be established for determining the need for or
                    appropriateness of providing  mass transit  priority  in freeway,
                    major thoroughfare,  and local street  operations, and a system
                    of review for  determining the need for implementing mass transit
                    priority strategies  shall  be  presented.
                                              -61-

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(12.0)  52.265  Mass  transit and transit priority planning.
          (a)  This  section  is applicable in the Standard Metropolitan Statistical
              Areas (SMSA's) of the cities of Fresno, Stockton, Bakersfield, and
              Modesto  in the San Joaquin Valley Intrastate Air Quality Control
              Region.

          (b)  A study  being sponsored by the State of California Department of
              Transportation is presently in progress and is scheduled for com-
              pletion  in January of 1974.  This study will indicate the potential
              for public transit usage 1n the Fresno City Area.  Using this study
              and other appropriate Information as a guide, the State of Califor-
              nia or a designated local or regional transportation authority,
              shall, by May 31, 1974, submit to the Administrator recommended mass
              transit  strategies, including mass transit priority strategies, that
              are potentailly useful and feasible 1n the time frame of the present
              to 1975  and 1977.  The recommendation shall present in detail the
              implementation milestone timetables and the obstacles associated with
              the strategies so that the Administrator can review and determine the
              need  for and  progress of implementation.

          (c)  Studies  shall be conducted in the Stockton, Bakersfield, and
              Modestor SMSA's by the State of California or by designated local or
              tranportation authorities.  These studies shall be completed and
              submitted to  the Administrator by September 30, 1974, and shall re-
              commend  mass  transit strategies, including mass transit priority
              strategies, that are potentially useful and feasible 1n the time
              frame of the  present to 1975  and  1977.  The recommendation shall pre-
              sent  in  detail the implementation timetables and obstacles associ-
              ated  with the strategies, so that the Administrator can review all
              available information and determine the need for and progress of
              implementation.
                                              -62-

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(12.0)   52.266   Monitoring  transportation jnode  trends.


          (a)   This  section is  applicable to  the  San  Francisco Bay Area, Los
               Angeles,  San Diego, SanJoaquin  Valley, and Sacramento  Intrastate
               Air Quality  Control  Regions.

          (b)   The State of California or a  designated agency approved by the Ad-
               ministrator  shall monitor the  actual per  vehicle emissions  reduc-
               tions occurring  as  a result  of the retrofit devices and inspection
               and maintenance  programs  required  under 52.242, 52.244,  and 52.245,
               and the observed changes  in  vehicle miles traveled and  average
               vehicle speeds as a  result of  traffic  flow changes and  reductions
               in  vehicle use required under  52.241 (if  implemented),  52.243,  (if
               implemented), 52.248,  52.249,  25.250,  52.251,  52.257, 52.258,
               52.259, 52.261,  52.263, 52.264,  and 52.265.

          (c)   No  later  than March  1, 1975, the State shall  submit to  the  Adminis-
               trator a  detailed program demonstrating compliance with paragraph
               (b) of this  section  and in accordance  with 51.19(d) of  this chap-
               ter.   The program description  shall include the following.

               (1)   The  agency  or  agencies  responsible for conducting,  overseeing,
                    and  maintaining the  monitoring program.

               (2)   The  administrative process  to be  used.

               (3)   A description  of the methods  to be used  to collect the emission
                    reduction/VMT  reduction/vehicle speed data, including  a  descrip^
                    tion of any modeling techniques to be employed.

               (4)   The  funding requirements, including  a signed statement from the
                    Governor or State Treasurer or their respective designees  iden-
                    tifying the source and  amount of  funds for the program.

          (d)   All data  obtained by the  monitoring program shall be included in the
               quarterly report submitted to  the  Administrator by the  State,  as
               required  by  51.7 of  this  chapter,  in the  format prescribed  in  Ap-
               pendix M  to  Part 51  of this  chapter.   The first quarterly report
               shall  cover  the  period January 1 - March  31,  1975.
               (38 FR 31255, Nov.  12, 1973)
                                             -63-

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(17.0)   52.270    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 1n Subparts B through ODD of this part. Where
                     this paragraph 1s so Incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located 1n such State.  The provisions of this
                     paragraph do not apply 1n 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.
                                              -64-

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(2)  (1)     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)
Parti cul ate matter:
Annual geometric mean 	
24-hr maximum 	
Sulfur dioxide:
Annual arithmetic mean 	
24-hr maximum 	


5
10
2
5
25

10
30
15
100
700

     (11)    For purposes of this paragraph, areas designated as  Class
             III shall be limited to" concent rations' of "parti cul ate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (111)   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 1n the plan)
             but not yet operating prior to January 1, 1975,  shall not
             be counted against the air quality Increments specified
             1n paragraph (c) (2) (1) of this section.

(3)  (1)     All areas are designated Class II as of the effective
             date of this paragraph.  Redes1gnat1on may be proposed  by
             the respective States, Federal  Land Manager, or Indian
             Governing Bodies, as provided below, subject to  approval
             by the Administrator.

     (11)    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 1s 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 redeslgnation are notified at least 30 days
                  prior to the public hearing, and
                              -65-

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        (c)   A discussion of the reasons  for the proposed redes-
             ignat1on 1s  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 redes1gnat1on Is based on the record of
             the State's  hearing, which must reflect the  basis
             for the  proposed redes1gnation, Including consider-
             ation of (1)  growth anticipated 1n the area,  (2)
             the social,  environmental, and economic effects of
             such redeslgnation  upon the  area being proposed for
             redeslgnation and upon other areas and States, and
             (3)  any impacts of such  proposed redeslgnation upon
             regional or  national interests.

        (e)   The redeslgnation 1s proposed after consultation
             with the elected leadership  of local and other sub-
             state general purpose governments in the area cov-
             ered by  the  proposed redeslgnation.

(111)    Except as provided in paragraph (c) (3) (1v) 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 (11) of  this
        subparagraph  provided that:

        (a)   The redesignation is consistent with adjacent State
             and privately owned land, and

        (b)   Such redeslgnation  1s proposed after consultation
             with the Federal Land Manager.

(1v)    Notwithstanding subdivision (ill) 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)  (11) and.

        (b)   Such redeslgnation 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 1s it
        intended to deny jurisdiction  which States have assumed
                         -66-

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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 1s proposed after consultation
             with the State(s) 1n which the Indian Reservation
             1s 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
             (11) and (111) of this subparagraph shall be approv-
             ed unless the Administrator determines (1)  that the
             requirements of subdivisions (11) and (111) of this
             subparagraph have not been compiled with, (2)  that
             the State has arbitrarily and  capriciously disre-
             garded relevant considerations set forth in sub-
             paragraph (3) (11) (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
             (1v) of this subparagraph shall  be approved unless
             he determines (1)  that the requirements of subdivi-
             sion (1v) 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 1n subparagraph (3) (11) (d)  of
             this paragraph.

        (c)   Any redesignation submitted pursuant to  subdivision
             (v) of this subparagraph shall be approved unless  he
             determines (1)  that the requirements of subdivision
             (v) of this subparagraph have  not been complied with,
             or (2)  that the Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations set forth 1n subparagraph (3) (11) (d) of this
             paragraph.
                         -67-

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                  (d)  Any redesIgnatlon 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 redesIgnatlon 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 1f he determines
                       that 1n his Judgment the redes1gnat1on appropriately
                       balances considerations of growth anticipated In the
                       area proposed to be redeslgnated;  the social, envi-
                       ronmental and economic effects of such redesIgnatlon
                       upon the area being redeslgnated and upon other areas
                       and States;  and any Impacts upon regional or nation-
                       al Interests.

                  (f)  The requirements of paragraph (c) (3) (v1) (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 redes1gnat1on,
                       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 1n 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) (vl) (a) (3) 1f the State Attor-
                       ney-General has determined that the State cannot ac-
                       cept delegation of the administrative/technical func-
                       tions.

          (v11)   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.1s 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  1s modified, but does not Increase the amount of
     sulfur oxides or  parti oilate matter emitted, or 1s modified to
     utilize  an  alternative  fuel, or higher sulfur content fuel, shall
     not  be subject to this  paragraph.
     (1)      Fossil-Fuel Steam Electric Plants of more than 1000 mil-
             lion  B.T.U. per hour heat Input.
     (11)    Coal  Cleaning Plants.
     (111)    Kraft Pulp Mills.
     (iv)    Portland  Cement Plants.
     (v)      Primary Z1nc Smelters.
     (v1)    Iron  and  Steel  Mills.
     (v11)    Primary Aluminum Ore Reduction Plants.
     (vi11)   Primary Copper  Smelters.
     (ix)    Municipal Incinerators capable of charging more than 250
             tons  of refuse  per  24 hour day.
     (x)      SulfuHc  Acid Plants.
     (xi)    Petroleum Refineries.
     (xii)    L1me  Plants.
     (xi11)   Phosphate Rock  Processing Plants.
     (x1v)    By-Product Coke Oven Batteries.
     (xv)    Sulfur Recovery Plants.
     (xv1)    Carbon Black Plants (furnace  process).
     (xvii)   Primary Lead Smelters.
     (xviii)  Fuel  Conversion Plants.
     (xix)    Ferroalloy production facilities commencing construction
             after October 5, 1975.
(2)   No owner or operator shall  commence construction or modification
     of a source subject to  this paragraph unless the Administrator  de-
     termines that, on the basis of information  submitted  pursuant to
     subparagraph  (3)  of this paragraph:
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     (1)      The effect on  air quality concentration of the source or
             modified  source*  1n  conjunction with  the effects of growth
             and reduction  1n  emissions after January 1,  1975, of other
             sources 1n 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 1n  any  other areas,  the analysis of
             emissions growth  and reduction after  January 1, 1975, of
             other sources  1n  the areas affected by the proposed source
             shall  Include  all  new and modified sources granted approv-
             al  to construct pursuant  to this paragraph;  reduction 1n
             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.

     (11)     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 1n  52.01 (f),
             for participate 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.

     (111)    With respect to modified  sources, the requirements of sub-
             paragraph (2)  (11) of this paragraph  shall be applicable
             only to the facility or facilities from which emissions
             are Increased.

(3)  In making the determinations required by paragraph (d) (2) of this
     section, the Administrator shall, as  a minimum, require the owner
     or operator of the source subject to  this paragraph  to submit:
     site  information, plans,  description, specifications, and drawings
     showing the design of  the source; Information necessary to de-
     termine the Impact that the  construction or modification will have
     on sulfur dioxide and  particulate matter air  quality levels;  and
     any other Information  necessary to determine  that best available
     control technology will be applied.   Upon request of the Adminis-
     trator, the owner or operator of  the  source shall provide informa-
     tion  on the nature and extent of  general commercial, residential,
     industrial, and other  growth which has occurred in the area af-
     fected by the source's emissions  (such area to be specified by the
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         Administrator)  since January  1,  1975.

     (4)  (1)      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.

         (11)     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.

         (111)    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)  (1)      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 1n 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)  (11)  of this section shall be the  date on
                  which all  required  Information  is  received by the Admin-
                  istrator.

         (1i)     Within  30  days after  receipt of a  complete application,
                  the Administrator shall:
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        (a)  Make a preliminary determination whether the source
             should be approved, approved with conditions, or dis-
             approved.

        (b)  Make available in at least one location in each re-
             gion in which the proposed source would be construct-
             ed, a copy of all materials submitted by the owner or
             operator, a copy of the Administrator's preliminary
             determination and a copy or summary of other materi-
             als, if any, considered by the Administrator in mak-
             ing his preliminary determination;  and

        (c)  Notify the public, by prominent advertisement 1n
             newspaper of general circulation 1n 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-
             pro vabi 11 ty of the source.

(111)   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.

(1v)    Public comments submitted In writing within 30 days after
        the date such information 1s made available shall be con-
        sidered by the Administrator 1n 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 1n 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 1n
        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 1n at least one
        location in the region 1n which the source would be lo-
        cated.
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          (vi)     The  Administrator may extend each of  the time  periods
                  specified  in  paragraph  (e)  (1)  (ii),  (1v), 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 1s  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.

          (11)     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, 1n which  case the  Admin-
     istrator may delegate his authority to the States  1n  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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