U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 254
Air Pollution Regulations in State
Implementation Plans: Colorado
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Off ice of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290254
EPA-450/3-78-055
August 1978
Air
&ER&
Air Pollution Regulations
in State Implementation
Plans:
Colorado
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-055
3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Colorado
B. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
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 Re9Jster. Regulations which, fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution . .
Federal Regulations
Pollution
State_ Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report/
Unclassified
21. NC
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
r=
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-055
Air Pollution Regulations
in State Implementation Plans:
Colorado
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
i-a.
-------
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-450/3-78-055
11
-------
INTRODUCTION
*
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As ,
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceablHty 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
categori.es 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
HI
-------
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 1s 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 ars incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
EPA-APPROVED REGULATION CHANGES
COLORADO
Submittal Date
11/21/73
Approval Date
10/18/74
Section Number
52.326
52.331
52.332
52.333
52.334
52.335
52.336
52.337
52.338 .
52.339
52.340 (52.22)
52.343 (52.21)
Description
Delete Sec. Ill of Reg.
No. 1, only as relates
to existing sources.
Note: still applies to
new sources.
FEDERAL REGULATIONS
Description
Transportation and land-use controls
Control of dry cleaning solvent evaporation
Degreasing operations
Organic solvent usage
Storage of petroleum products
Organic liquid loading
Gasoline transfer vapor control
Control of evaporative losses from the filling
of vehicular tanks
Federal compliance schedules
Monitoring transportation controls
i
Review of new or modified indirect sources
Prevention of significant deterioration
-------
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
P.O. 1.3 GENERAL
VI
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
.Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51'.15 PETROLEUM REFINERIES
'51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
-------
TABLE OF CONTENTS
Revised Stan-
dard Subject
Index
(2.0)
(15.0)
(2.0)
(2.0)
(1.0)
(2.0)
(50.1.2)
(50.1)
(50.2)
(2,0)
(50.6)
(2.0)
(2,0)
(2.0)
(3.0)
(3.0)
Section
Number
I
II
Reg 1,
Sec I
Reg 1,
Sec II
Reg 1,
Sec III
Reg 1,
Sec IV
Reg 2
Reg 3,
Sec I
I
II
III
IV
STATE REGULATIONS
Title
Applicability
Authority
State of Colorado Air Pollution Con-
trol Act (1970) Legislative Declara-
tion (66-31-2)
Intent
Definitions
General
Smoke Emissions and Opacity Regulations
Particulate Emission Regulations
Sulfur Dioxide Emission Regulations
Effective Date
Odor Emission Regulations
Instructions, Procedural Guidelines
and Sample Forms for Filing An Air
Contaminant Emission Notice
Air Contaminant Emission Notice -
Instructions
Authority to Construct
Permit to Operate
Common Provisions Applicable to Both
Page
Number
1
1
1
1
3
8
11
14
21
22
23
26
27
35
36
39
Authority to Construct and Permit To
Operate
VIII
-------
FEDERALLY PROMULGATED REGULATIONS
Revised Stan-
dard Subject
Index
(12.0)
(50.4)
(5146)
(50.4)
(51.16)
(51.16)
(51.16)
(51.16)
(6.0)
(12.0)
(10.0)
Section
Number
52.326
52.331
52.332
52.333
52.334
52.335
52.336
52.337
52.338
52.339
52 . 340
Title
Transportation And Land Use Con
trols
Control of Dry Cleaning Solvent
Evaporation
Degreasing Operations
Organic Solvent Usage
Storage of Petroleum Products
Organic Liquid Loading
Gasoline Transfer Vapor Control
Control of Evaporative Losses FI
the Filling of Vehicular Tanks
Federal Compliance Schedules
Monitoring Transportation Contn
Review of New or Modified Indir
(17.0)
Sources
52.343 Prevention of Significant Deter-
ioration
Page
Number
42
43
44
45
49
50
51
54
56
58
60
70
IX
-------
COMMON PROVISIONS REGULATION
Definitions, Statement of Intent and General Provisions
applicable ,to all emission control regulations adopted by the
Colorado Air Pollution Control Commission
Colorado Air Pollution Control Commission
Adopted :'December 9, 1971
Effective Date:February 1, 1972
-------
COMMON PROVISIONS REGULATION
Definitions,1 Statement of Intent and General Provisions applicable to all
emission control regulations adopted by the Colorado Air Pollution Control
Commission.
(2.0) APPLICABILITY:
Emission Control regulations adopted by the Commission apply throughout
Colorado unless otherwise stipulated. The statement of intent, definitions,
and general provisions of this regulation apply to all emission control reg-
ulations adopted by the Commission unless otherwise stipulated.
(15.0) AUTHORITY:
Section 66-31-8 of the Colorado Air Pollution Control Act of 1970 provides:
"As promptly as possible, the Commission shall adopt and promulgate emission
control regulations which require the use of effective practical air pollution
controls for each and every significant source, potential source, and type of
source of air contamination throughout the entire State and thereafter may mod-
ify such regulations from time to time." Sections 66-31-4, 66-31-6 and 66-31-8
of the Act are the general statutory authority for adoption by the Air Pollution
Control Commission of standards and the specific section of the Act is cited in
each instance.
(2.0) STATE OF COLORADO AIR POLLUTION CONTROL ACT (1970) LEGISLATIVE DECLARATION
(66-31-2) ' '
In order to foster the health, welfare, convenience, and comfort of the inhab-
itants of the State of Colorado, and to facilitate the enjoyment of nature,
scenery, and other resources of the State, it is hereby declared to be the
policy of the State to achieve the maximum practical degree of air purity in
every portion of the State. To that end, it is the purpose of this article to
require the use of all available practical methods to reduce, prevent, and
control air pollution throughout the entire State of Colorado, and to maintain
a cooperative program between the State and local units of government. It is
further declared that the prevention, abatement, and control of air pollution
in each portion of the entire State are matters of statewide concern and are
effected with a public interest and that the provisions of this article are
enacted in the exercise of the police powers of this State for the purpose of
protecting the health, peace, safety, and general welfare of the people of this
State. ,
(2.0) INTENT:
To'implement the legislative declaration and other sections of the Act, the
Commission declares that it is the intent and purpose of these regulations:
1 1. To achieve and maintain levels of air quality which will protect
human health and safety, prevent injury to plant and animal life,
prevent damage to property, prevent unreasonable interference with
-1-
-------
the public welfare, preserve visibility and protect scenic,
aesthetic and historic values of Colorado,
2. To require the use of all available practical methods to reduce,
prevent, and control air pollution or the protection of the health,
safety * and general welfare of the people of the state of Colorado.
In order to achieve air purity consistent with this intent it is
necessary, ultimately to control air contaminant emissions to such
a degree of opacity so that the emissions are no longer visible,
3. To prevent significant degradation of Colorado's air resource,
4. To prevent odors and other air pollution problems which interfere
with the comfortable enjoyment of life, and I
5. To apply the major resources of the Colorado air pollution control
programs toward solving priority air pollution problems. \
The Commission recognized that the growth in the amount and complexity!of air
pollution in Colorado is brought about by and incident to population growth,
mobility, increased affluence, industrial development and changing social
values in said State. The Commission believes that the air pollution problem
is likely to be aggravated and compounded by additional population growth,
mobility, .affluence, industrial development, and changing social values in
the future, which are likely to result in serious potential danger to the
public and the environment. Therefore, the Commission intends to pursue solu-
tions, in conjunction with other appropriate agencies and interests, which
have a direct interest and capability in solving a growing air pollution problem
in relation .to the broader environmental degradation problem. It is the intent
of the Commission to coordinate with industrial, commercial, agricultural and
transportation.planning organizations, land use and other environmental organ-
izations, the public, the legislature, educational organizations, and other
major interests in such a manner as to prevent air pollution in Colorado.
-2-
-------
(1.0)
I. DEFINITIONS:
The following words and phrases have the following meanings unless the
context in which they are used requires otherwise:
ACT the Colorado Air Pollution Control' Act
of 1970, Chapter 64, Colorado Session
laws 1970.
AIR CONTAMINANT
AIR CONTAMINATION SOURCE
AIR CONTAMINATION SOURCE
(existing)
AIR CONTAMINATION SOURCE
.(new)
AIR POLLUTION
AIR POLLUTION CONTROL AUTHORITY
AMBIENT AIR
/ any fume, smoke, particulate matter,
vapor, gas, or any combination thereof,
but not including water vapor or steam
condensate.
any source whatsoever at, from, or by
reason of which there is emitted or
discharged into the atmosphere any
air contaminant.
any air contamination source, which has
been constructed or for which there,is
a binding agreement or contract provid-
ing for its construction or modification
to be completed within a reasonable time
after the effective date of the regula-
tion in question.
any air contamination source which is to
be constructed or modified and which is
other than an existing air contamination
source.
any concentration of one or more air
contaminants in the outdoor atmosphere as
has caused, is causing, or if unabated
may cause injury to human, plant, or an-
imal life, or injury to property, or
which unreasonably interferes with the
comfortable enjoyment of life or property
or with the conduct of business.
the Division, or any person or agency
given authority by the Division, or a
local governmental unit duly authorized
with respect to air pollution control. .
is the surrounding outside air.
-3-
-------
ATMOSPHERE
COMMISSION
DEPARTMENT
DIVISION
DUSTS
EMISSION
EMISSION CONTROL REGULATION
FUEL BURNING EQUIPMENT
FUGITIVE DUST
means the air that envelops or surrounds
the earth. For the purpose of this
regulation emissions of air contaminants
from a building or structure not spec-
ifically designed to control air pol-
lution originating from an air contam-
ination source or sources within such
building or structure shall constitute
an emission to the atmosphere.
the Colorado Air Pollution Control Com-
mission created by Section 66-31-4 of
the Act.
The Colorado Department of Health.
the Division of Air Pollution Control,
Colorado Department of Health.
minute solid particles released into the
air by natural forces or by mechanical
processes such as crushing, grinding, .
milling, drilling, demolishing, shovel-
ing, conveying, covering, bagging,
sweeping, etc.
the discharge or release into the atmos-
phere of one or more air contaminants.
any standard promulgated by regulation
which is applicable to all air contam-
ination sources within a specified area
and which prohibits or established per-
missible limits for specific types of
emissions in such area, and also any reg-
ulation which by its terms is applicable
to a specified type of facility, process,
or activity, and also any regulation
adopted for the purpose of preventing or
minimizing emission of any air contamin-
ant in potentially dangerous quantities.
any furnace, boiler apparatus, stack, or
appurtenances thereto used in the process
of burning fuel for the primary purpose
of producing heat or power by indirect
heat transfer.
solid airborne particulate matter emitted
from any source other than an opening.
-4-
-------
INCINERATOR
MODIFICATIONS
MULTIPLE CHAMBER INCINERATOR
OPACITY
OPEN BURNING
OPENING
PARTICULATE MATTER
any equipment, device, or contrivance
used for the destruction of garbage,
rubbish, or other wastes by burning,
but not wood wastes burned in devices
commonly called tepee burners, silos,
truncated cones, wigwam burners, and
other such burners used commonly by the
wood products industry.
1. The construction or installation on
the premises of new equipment;
2. The replacement or alteration of
equipment in such a manner as to
either increase or decrease the pro-
duction or control of air contamina-
tion excluding routine adjustments
or maintenance; and
3. The moving of equipment to another
premise.
any article, machine, equipment, -con-
trivance, structure, or part of a
structure used to dispose of combustible
refuse by burning, consisting of three
or more refractory-lined combustion fur-
naces in series, physically separated
by refractory walls, inter-connected by
gas passage ports or ducts, and employing
adequate design parameters necessary for
maximum combustion of the material to be
burned.
the degree to which an air contaminant
emission obscures the view of an observ-
er, expressed in percentage of the ob-
struction, or in the degree (percent) to
which transmittance of light is reduced
by an air contaminant emission.
fire, where any material is burned in the
open or in a receptacle other than a
furnace, incinerator, or other equipment
connected to a stack or chimney.
any single chimney, conduit, duct, smoke-
stack, flue or other contrivance from
which air contaminants are exhausted into
the atmosphere.
any material, except uncombined water,
that exists in a finely divided form as
a liquid or solid.
-5-
-------
PERSON
PROCESS OR PROCESS EQUIPMENT
PROCESS UNIT
PROCESS WEIGHT
PROCESS WEIGHT RATE
any individual, public or private corp-
oration, partnership, association, firm,
trust, estate, the State or any depart-
ment, institution, or agency thereof,
any municipal corporation, county, city,
and county, or other political subdivi-
sion of the State, or any other legal
entity whatsoever which is recognized by
law as the subject of rights and duties.
any action, operation, or treatment, in-
volving chemical, industrial, or manu-
facturing factors, such as heat-treating
furnaces, by-product coke plants, coke-
baking ovens, mixing kettles, cupulas,
blast furnaces, open hearth furnaces,
puddling furnaces, sintering plants,
Bessemer converters, electric steel fur-
naces, ferrous and nonferrous foundries,
kilns, stills, dryers, roasters, and '
equipment used in connection therewith,
and all other methods or forms of manu-
facturing or processing that may emit
air contamination.
any single process or process equipment
the total of all materials introduced
into a source operation, which source
causes any discharge of air contaminants
into the atmosphere. Solid fuels intro-
duced into any specific source will be
considered as part of the process weight,
but liquid and gaseous fuels and com-
bustion air will not.
a rate established as follows:
(a) for continuous source operations,
the total process weight for the
entire period of continuous oper-
ation or for a typical portion
thereof, divided by the number of
hours of such period, or portion
thereof, or
(b) for cyclical or batch unit opera-
tions, or unit processes, the total
process weight for a period that
covers a complete operation or an
integral number of cycles, divided
by the hours of actual process op-
eration during such a period, or
-6-
-------
(c) for operations, not specified
above, determine the process
weight that results in a minimum
value for allowable emissions.
SMOKE small gas-borne particles resulting
from incomplete combustion, consisting
predominantly, but not exclusively of
carbon, and other combustible material.
STACK OR CHIMNEY any vertical flue, conduit, or duct
arranged to conduct an effluent to the
open air.
STANDARD CONDITIONS a gas temperature of 68 degrees Fahren-
heit and a gas pressure of 29.92 inches
of mercury.
UPSET CONDITIONS an unpredictable equipment failure or
other malfunction which results in the
violation of emission control regula-
tion, and which is not due to improper
or careless operation.
-7-
-------
(2.0) II. GENERAL:
A. TO CONTROL EMISSIONS LEAVING COLORADO:
"When emissions generated from sources in Colorado cross the state
boundary line, such emissions shall not cause the air quality stan-
dards of the receiving state to be exceeded provided reciprocal
action is taken by the receiving state." (66-31-21(3)).
B. EMISSION MONITORING REQUIREMENTS:
The Division may require owners or operators of stationary air con-
tamination sources to install, maintain, and use instrumentation to
monitor and record emission data as a basis for periodic reports to
the Division. (66-31-6, 66-31-10(2)(c) and (d)).
C. PERFORMANCE TESTING:
In order to determine compliance with emission control regulations,
the Division may require the owner or operator of any source to
conduct performance tests in accordance with methods approved by the
Division with the tests being made at the expense of the owner or
operator. The Division may monitor such required performance tests
conducted by the owner or operator and may also conduct performance
.tests. (66-31-6, 66-31-10(2)(c) and (d)).
D. UPSET CONDITIONS AND BREAKDOWNS:
Upset conditions, as defined, shall not be deemed to be in violation
of these Regulations provided that the Air Pollution Control Division
is notified as soon as possible, but no later than 2 hours after the
start of the next working day, followed by written notice to the Div-
ision explaining the cause of the occurrence, and that proper action
has been or is being taken to correct the conditions causing said
violation and to prevent such excess emissions in the future.
(66-31-8(4)).
E. EFFECTIVE DATE:
the effective date of this "common provisions regulation" is February
1, 1972.
F. REVOCATION OF TEMPORARY EMISSION CONTROL REGULATIONS:
'The temporary emission control regulations, identical to provisions
set forth in sections 66-29-5(2) through (6), Colorado revised statutes
1963, as amended, are revoked. (66-31-24(1).
-8-
-------
G. CONFLICTS:
Nothing in these Regulations is intended to permit any practice
which is a violation of any statute, ordinance, or regulation.
(66-31-6).
H. SEVERABILITY CLAUSE:
If any Regulation, Section, clause, phrase, or standard contained
in these Regulations shall for any reason be held to be inoperative,
unconstitutional, void or invalid, the validity of the remaining
portions thereof shall not be affected thereby and the Commission
does hereby declare that it severally passed and adopted the pro-
visions contained therein separately and apart from the other pro-
visions thereof. (66-31-6).
I. CIRCUMVENTION CLAUSE:
A person shall not build, erect, install, or use any article, machine,
equipment, condition, or contrivance, the use of which, without re-
sulting in a reduction in the total release of air contaminants to
the atmosphere, reduces or conceals an emission which would otherwise
constitute a violation of this Regulation. No person shall circumvent
this Regulation by using more openings than is considered normal prac-
tice by the industry or activity in question. (Sections 66-31-8(1)(a)
and (b), and 66-31-8(3)(a)).
-9-
-------
REGULATION NO. 1
(Amended)
Emission Control Regulations for
Particulates, Smokes, and Sulfur Oxides
for the State of Colorado
Colorado Air Pollution Control Commission
Adopted :December 9, 1971
Effective Date:February 1, 1972
-10-
-------
REGULATION NO. 1
(Amended)
Emission Control Regulations for
Participates, Smokes, and Sulfur Oxides
for the State of Colorado
(50.1.2)1. SMOKE EMISSIONS AND OPACITY REGULATIONS:
A. Stationary Air Contamination Sources:
1. No person shall emit or cause to be emitted into the atmosphere,
from any air contamination source of emission whatsoever, any air
contaminant which is of such a shade or density as to obscure an
observer's vision to a degree in excess of 20% opacity. Instru-
mentation which results in equivalent readings may be used in
specific installations if approved in advance by the A1r Pollution
Control Division. (66-31-8(2)(a) and (b).
2. Exceptions:
a< No person shall emit or cause to be emitted into the atmos-
phere from any alfalfa dehydrating mill, any air contaminant
for a period or periods aggregating more than three minutes
in any 60 consecutive minutes which is of such a shade or den-
sity as to obscure an observer's vision to a degree in excess
of 40% opacity. This emission standard for alfalfa dehydrating
mills shall be in effect up to and including one year from the
effective date of the Smoke Emissions and Opacity Regulations
(Part I, Section A); thereafter, the 20% opacity limitation
provided in Part I Section A shall apply to emissions from al-
' falfa dehydrating mills. (66-31-8(3)(a) and (f)).
b1. No person shall emit or cause to be emitted into the atmosphere
from any pilot plant and experimental operation any air contam-
inant for a period or periods aggregating more than three minutes
in any 60 consecutive minutes which is of such a shade or density
as to obscure an observer's vision to a degree in excess of 40%
opacity. This emission standard for pilot plants and experimental
operations shall be in effect for a period not to exceed 180
operating days, cumulative total, from the date such operations
commence; thereafter, the 20% opacity limitation provided in Part
I Section A of these regulations shall apply to emissions from
pilot plants and experimental operations. (66-31-8(1) (a)(e) and
-11-
-------
c. Emissions from fireplaces used for non-commercial or recre-
ational purposes shall be exempt from Part I Section A.I of
th6se regulations. (66-31-8(1)(a)(d)(e) and (f)).
d. Provisions of I.A.I shall not apply to emissions during the
building of a new fire, cleaning of fires, soot blowing,
.start-up, any process modification or adjustment, or occasional
cleaning of control equipment, the shade or appearance of which
is not darker than an equivalent opacity as to obscure an ob-
server's view to a degree not greater than 40%, for a period or
periods aggregating no more than 3 minutes in any one hour.
B. Transportation Sources:
1. Four-cycle gasoline-powered vehicles:
No person shall emit or cause to be emitted into the atmosphere for
a period greater than 5 consecutive seconds from any four-cycle gas-
oline-powered vehicle whatsoever any visible air contaminant.
2. Two-cycle gasoline-powered vehicles:
No person shall emit or cause to be emitted from any two-cycle gas-
oline-powered vehicle into the atmosphere any visible air contamin-
ant which is of such a shade or density as to obscure an observer's
vision to a degree equal to or greater than 20% opacity, except
for a period not exceeding 10 consecutive seconds.
3. Diesel-powered vehicles:
a. No person shall emit or cause to be emitted into the atmosphere
from any diesel-powered vehicle operating below 8,000 feet (mean
sea level) any air contaminant, for a period greater than 10 con-
secutive seconds, which is of such a shade or density as to ob-
scure an observer's vision to a degree of 30% opacity.
(66-31-8(2)(a) and (b), 66-31-8(3)(a) and (b)).1
b. No person shall emit or cause to be emitted into the atmosphere
from any diesel-powered vehicle operating above 8,000 feet (mean
sea level) any air contaminant, for a period greater than 10
consecutive seconds, which is of such a shade or density as to
obscure an observer's vision to a degree in excess of 40% opacity.
(66-31-8(2) (a) and (b) and 66-31-8(3)(a) and (b)).
-12-
-------
c. Exceptions:
c-1. No person shall emit or cause to be emitted into the
atmosphere from any diesel-powered locomotive for switch-
ing and railroad yard use any air contaminant for a per-
iod greater than 10 consecutive seconds duration which is
of such a shade or density as to obscure an observer's
vision to a degree in excess of 40% opacity. (66-31-8(4)).
c-2. Emissions from diesel-powered locomotives exceeding Part
B, Section 3 (a) and.(b) of these regulations shall be
exempt if the emissions are a direct result of a cold
engine start-up. (66-31-8(4)).
C. Open Burning:
1. No person shall burn or permit to be burned on any open premises
owned or controlled by him, or on any public street, alley, or
other land adjacent to such premises, rubbish, waste, paper, wood,
or other flammable material unless a permit therefor shall first
have been obtained from the appropriate authority enforcing air
pollution control standards or the designee of the Air Pollution
Control Division. In granting or denying the issuance of any such
permit, said authority shall base its action on the location and
proximity of such burning to any building or other structure, the
potential contribution of such burning to air pollution in the area,
climactic conditions on the day or days of such burning, and com-
pliance by the applicant for the permit with applicable fire pro-
tection and safety requirements of the local authority or area, and
the pollution control authority is satisfied that there is no prac-
tical alternative method for the disposal of the material to be
burned or to conduct the desired activity. (66-31-8(2)(a), (b), (f),
and 66-31-20)).
2. Exceptions:
a. The provisions of Part I Section C of these Regulations shall
" not apply to private non-commercial burning of domestic trash
' 'outside such air pollution control areas as have been or shall
be designated by the Air Pollution Control Commission (See Ex-
hibit 1) and outside a 2-mile boundary from the corporate limits
. of any city or town with a population of over 500 as determined
by the latest Federal census. (66-31-8(4)).
b. Fires used for non-commercial cooking of food for human beings
or for instructional or recreational purposes shall be exempt
from Part I, Section C of these regulations. (66-31-8(4)).
-13-
-------
c. Smokeless flares or safety flares for the combustion of
waste gases shall be exempt from Part I, Section C of these
regulations. (66-31-8(4)).
d. Flares used to indicate some danger to the public shall be
exempt from Part I, Section C of these regulations. (66-31-
-8(4)).
3. Effective Date:
This Part I, Section C, "Open Burning" shall become effective July
1, 1971, at which time it will supersede the temporary emission
control regulation upon the same subject matter provided in Section
66-31-24 of the "Air Pollution Control Act of 1970."
(50.1) II. PARTICULATE EMISSION REGULATIONS
A. Fuel-Burning Equipment:
1. No person shall cause or permit to be emitted into the atmosphere
from any fuel-burning equipment, or to pass a convenient measuring
point near any opening, particulate matter in the flue gases which
exceed 0.5 pounds per 1,000,000 BTU heat input for fuel-burning
units generating not more than 1,000,000 BTU per hour total input.
For single units generating 1,000,000 BTU per hour or more total
input, Figure 1 on the following page will be used to determine
the allowable particulate emission limitation. For fuel-burning
equipment generating 500 million BTU input per hour or more, par-
ticulate matter in the flue gases cannot exceed 0.1 pounds per mil-
lion BTU heat input. If two or more units connect to any opening,
each unit shall, for the purpose of computing the maximum allowable
emission rate, be considered a separate entity with the allowable
^emission rate for the opening the sum of the individual computations.
(66-31-8(2) and (c), and 66-31-8(3) (a)).
Typical Values from Figure 1 are shown in TABLE I.
-14-
-------
Figure 1
FUEL BURNING EQUIPMENT
I/)
Z ID
O I
«-i CO
CO
to c
j-i O
V)
-O
SOQO 10000
TOTAL INPUT
millions of BTU's/hour
-------
II. A (continued) TABLE I
FUel Input
106 BTU/hr.
0.1
1.0
10.0
Particulate
Emissions
lbs./106 BTU
0.50
0.50
0.27
Fuel Input
106 BTU/hr.
100
500
1000
Particulate
Emissions
lbs./106 BTU
0.15
0.10
0.10
Interpolation of the data in TABLE I for fuel-burning equipment
shall be by use of the following equations;
PE = 0.5 FI ^ 1.0
PE = 0.5 (FI)-°-26 1.0 <^
PE = 0.1 500.0 < FI
Where: PE = Particulate Emission in pounds per million BTU
FI - Fuel Input in million BTU per hour
Less than or equal to (if "FI" is to the left of
the symbol).
Greater than or equal to (if "FI" is to the right
of the symbol)
2. Method of Measurement:
a. Emission rates shall be measured according to the American
Society of Mechanical Engineer's Power Test Codes - PTC-27
'dated 1957 and entitled, "Determining Dust Concentrations
in a Gas Stream" or any equivalent method which has been ap-
proved by the Air Pollution Control Division in advance of
such measurement. (66-31-8(2)(a) and (c) and 66-31-8(3)(a)).
B. Refuse-Burning Equipment:
1. Incinerators of not more than 200 pounds per hour capacity:
a. No person shall cause or permit an emission of more than 0.15
grain of particulate matter per standard cubic foot (dry flue
gas corrected to 12% carbon dioxide) into the atmosphere from
any incinerator rated not more than 200 pounds per hour.
(66-31-8(2)(a) and (c), 66-31-8(3)(a) and (b)).
-16-
-------
Figure 2
PROCESS WEIGHT RATE
1OO.O
o
II
00
o
_j
_i
ct
30.O
1O.O
1.0
01
O.O1
0.1
1.O
RATE
tons/hour
Illllllllll
iiimiiii
lllilllill
illlliiiiii
iiiiiiniii
Illlllllllll
minium
1111:1111111
KX> 3QO 10QO
1000.0
-------
II. B (continued)
2. Incinerators of over 200 pounds per hour capacity:
a. 'No person shall cause or permit an emission of more than
0.10 grain of particulate matter per standard cubic foot
(dry flue gas corrected to 12% carbon dioxide) into the
atmosphere from any incinerator rated more than 200 pounds
per hour. (66-31-8(2), (a) and (c), and 66-31-8(3) (a) and
(b)).
3. No person shall burn any refuse in any multiple chamber incinerator
or other equipment of equal effectiveness unless the Division has
approved in advance the use of such type incinerator or other
equipment for the purpose of air pollution control. (66-31-8(2),
(a) and (c), and 66-31-8(3), (a) and (b)).
4. Method of Measurement:
a, Emission rates shall be measured according to the American
' Society of Mechanical Engineer's Power Test Codes - PTC 27
dated 1957 and entitled, "Determining Dust Concentrations
in a Gas Stream" or any equivalent method which has been
approved by the Air Pollution Control Division in advance
of such measurement. The test data shall reflect particu-
late gas stream concentrations consistent with the rated
capacity of the incinerator, and corrections for carbon
dioxide will be made without the contribution of carbon
dioxide from auxiliary fuel. (66-31-8(3), (a) and (b)).
C. Manufacturing Processes:
1. No person shall cause or permit any emission into the atmosphere
'in any 60 consecutive minutes from any opening whatsoever, par-
ticulate matter in quantities in excess of the emission rates as
shown in Figure 2. If two or more process units connect to an
opening each process unit shall, for the purpose of computing the
maximum allowable emission rate, be considered a separate entity
with the allowable emission rate for the opening the sum of the
individual computations. (66-31-8(2), (a) and (c), and 66-31-8(3)
(a) (f) and (g)).
Typical Values from Figure 2 are shown in TABLE II.
-18-
-------
II. C (continued)
TABLE II
Process
Weight Rate
Ibs./hr.
50
TOO
500
10,000
Process
Weight Rate
40
60
80 .
Emission Rate
Ibs./hr.
0.03
0.55
1.53
2.25
Emission Rate
31.19
33.28
34.85
Process
Weight Rate
Ibs./hr.
5,000
10,000
20,000
60,000
Process
Weight Rate
100
i
200
500
Emission Rate
Ibs./hr.
6.34
9.73
14.99
29.60
Emission Rate
36.11
40.35
46.72
Interpolation of the data in Table II for the process weight rates up
to 60,000 Ibs./hr. shall be by use of the equation:
E = 3.59 P
0.62
30 tons/hr.
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ibs. hr. shall be by use of the equation:
E=17.31 P0>16 30 tons/hr. <^ P
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
Less than or equal to (if "P" is to the left of the
symbol).
Greater than or equal to (if "P" is to the right of the symbol
2. Method of Measurement:
Emission rates shall be measured according to the American Society
'of Mechanical Engineer's Power Test Codes - PTC-27 dates 1957 and
entitled, "Determining Dust Concentrations in a Gas Stream" or any
equivalent method which has been approved by the Air Pollution Con-
, trol Division in advance of such measurement. (66-31-8(2) and (c),
and 66-31-8(3)(a), (f) and (g)).
-19-
-------
II. (continued)
D. Fugitive Dust:
1. Fugitive dust is particulate matter which is airborne from
unenclosed operations, such as site preparation, quarrying,
transport of finely divided material, open storage, storage
yards, construction sites, demolition sites, roadways and
streets, feed lots, campgrounds and fairgrounds, but shall
not incldue particulate matter controlled pursuant to Part II
Section A relating to fuel-burning equipment, Part II Section
B relating to refuse-burning equipment, and Part II Section C
relating to manufacturing processes. If fugitive dust leaves
the property on which it originates in sufficient quantity to
be deemed objectionable, as defined in Part'II Section D and
Subsection 2, the person or persons, responsible for the op-
eration of the site, shall be required to adopt the best prac-
tical method to control or to prevent the escape of such fugi-
tive dust. Agricultural and other operations shall be deemed
in compliance with this regulation if such operations are in
compliance with the provisions of 1963 C.R.S. 128-3-1 through
128-3-8, and with the provisions for the stabilization of dis-
turbed surface areas of Chapter 92 Article 3, Sections 1,3,
and.4, Chapter 92, Article 13 and Chapter 92, Article 32, Sec-
tion 5, 1963 C.R.S. as amended. ((1969 Perm.Cum.Supp. 66-31-8
(2)(a) and (c), and 66-31-8(3)(a) and (d)).
1
2. For the purpose of this Regulation, fugitive dust shall be
deemed to be objectionable when:
a. among a sample of persons exposed to it, at least 20%
of said sample, but in no case fewer than 5 persons,
: determine that it is offensive and that is obstructs
or interferes with the reasonable and comfortable use
and enjoyment of property, or
b. sampling or other reasonably definitive observation
demonstrates that an amount of fugitive dust is being
or has been transported off of the property of the oper-
1 ations onto another's property so as to obstruct or inter-
fere with the reasonable and comfortable use and enjoyment
of property.
3. When-not fewer than five complaints of objectionable fugitive dust
are registered with the Division, and earlier at the option of the
Division, it shall be the responsibility of the Division to inves-
tigate the complaints to determine if a violation of this regulation
has occurred and to identify the source or sources of the fugitive
dust and the circumstances surrounding its emission.
-20-
-------
(50.2) III. SULFUR DIOXIDE EMISSION REGULATIONS:
A, Ground Level Concentrations:
1. No person shall cause or permit any emission of sulfur dioxide
which causes a 5-minute average ground level concentration
greater than 0.25 parts per million (by volume) more frequently
than once in any 8 hours; or a 1-hour average ground level con-
centration greater than 0.1 parts per million (by volume) more
frequently than once in any 4 days; or a 24-hour average ground
level concentration greater than 0.05 parts per million (by
volume) more frequently than once in any 90 days. Such limit-
ations shall not apply to ground level concentrations occurring
on the property from which the emission occurs, provided such
property, from the emission point to the point of any such con-
centration, is controlled by the person responsible for the emis-
sion. (66-31-8(2)(a) and (d)).
.B. Source Emission Concentrations:
1... No person shall emit or cause to be emitted sulfur dioxide
emissions in excess of 500 ppm from any process unit.
2. Effective January 1, 1978, no person shall emit or cause to
be emitted sulfur dioxide emissions from a process unit.
a. in excess of 500 ppm from any opening and,
b. greater than 5 tons S02 per day from any process unit.
3. The limitations of Section III. B. 2 shall not apply to
emissions of sulfur dioxide of less than 150 ppm.
4. New air contamination sources to be constructed or contracted for
construction after January 1, 1975, shall meet the 1978 emission
standard provided herein even if operation commences prior to 1978.
C. Method of .Measurement
1.- For the purposes of Section A of this Regulation, measurements
of sulfur dioxide shall be made by the most recent published
method of the Intersociety Committee for a Manual of Methods for
Ambient Air Sampling and Analysis ((See e.g., Health Laboratory
Science 7 (1) 4-12 (1970)) or any equivalent method which has been
approved by the Air Pollution Control Division in advance of such
measurement.
2. For the purposes of Section B of this regulation, measurements of
sulfur dioxide shall be made by "An Absorption-Titration Method"
((e.g., J.S. Fritz and S.S. Yamamura, Analytical Chemistry 27 (9)
1461 (1955) and E.B. Seidman, Analytical Chemistry 30 (10) 1680
(1959) or any equivalent method which has been approved by the
Air Pollution Control Division in advance of such measurement.
-21-
-------
D. Related Compounds containing sulfur in oxidized states:
1. For the purposes of this Regulation, all oxidized forms of
sulfur (including, but not restricted to, S03, SOC12, H2S04
mist) shall be considered as sulfur dioxide.
2. Quantities of such oxidized sulfur compounds, as measured by pro-
cedures established in Section C above, shall be converted on a
molar basis to an equivalent quantity of sulfur dioxide. The total
of all such quantities, parts per million by volume sulfur dioxide
plus parts per million by volume sulfur-dioxide-equivalents of
other oxidized forms, shall be interpreted as "parts per million by
volume sulfur dioxide" as used in Sections A and B above.
(2.0) IV. EFFECTIVE DATE:
These Regulations as adopted amend and supersede Commission Regulation No. 1
upon the effective date hereof, to wit:
February 1, 1972.
Note: Regulation 1, Section III does not apply to existing Source. >
It applies only to New Sources.
-22-
-------
REGULATION 2 Adopted :March 11, 1971
Effective Date:April 20, 1971
(50.6) ODOR EMISSION REGULATIONS
Pursuant to Section 66-31-8(2) (e) of the Colorado Air Pollution Control Act
of 1970, the following Emission Regulations are issued:
A. No person, wherever located, shall cause or allow the emission of odorous
air contaminants from any single source such as to result in detectable
odors which are measured in excess of the following limits:
(1) For areas used predominantly for residential or commercial purposes
it is a violation if odors are detected after the odorous air has
been diluted with seven (.7) or more volumes of odor free air.
(2) In all other land use areas, it is a violation if odors are detected
after the odorous air has been diluted with fifteen (15) or more
volumes of odor free air.
(3) (a) When the source is a manufacturing process or agricultural
operation, no violation of Subsections (1) and (2) shall be
cited by the Division, provided that the best practical treat-
ment, maintenance, and control currently available shall be
utilized in order to maintain the lowest possible emission of
odorous gases and, where applicable, provided there is compli-
ance with Item 4r of the Colorado Department of Health Pasteur-
ized Fluid Milk and Milk Products Regulation adopted 18 April
1967. In determining the best practical control methods, the
Division shall not require any method which would result in an
arbitrary and unreasonable taking of property or in the prac-
tical closing of any lawful business or activity, if such would
be without corresponding public benefit.
(b) For all areas it is a violation when odors are detected after
the odorous air has been diluted with one hundred twenty-seven
(127) or more volumes of odor free ai»f in which case provisions
of Paragraph A(3)(a) shall not be applicable.
B. For the purposes of this Regulation, two odor measurements shall be made
within a period of one hour, these measurements being separated by at
least fifteen (15) minutes. These measurements shall be made outside the
property line of the property from which the emission originates. :
C. For the purposes of this Regulation, personnel for evaluating odors shall
be selected using an "intensity rating test" as outlined in "Selection
and Training of Judges for Sensory Evaluation of the Intensity and Character
of Diesel Exhaust Odors." USPHS Pub. #999-AP-32.
-23-
-------
D. The Barnebey Cheney Scentonieter, suitably calibrated, or any other
instrument, device, or technique designated by the Colorado Air
Pollution Control Division, may be used in the determination of the
intensity of an odor and may be used as a guide in the enforcement
of this Regulation.
E. The provisions of this Regulation shall apply throughout the State of
Colorado.
-24-
-------
(New)
REGULATION NO. 3
Regulation Governing Authority to Construct
and
Permit to Operate
Colorado Air Pollution Control Commission
Adopted :December 9, 1971
Effective Date:February 1, 1972
-25-
-------
REGULATION NO. 3
Regulation Governing Authority to Construct
and
Permit to Operate
(2.0) I. INSTRUCTIONS. PROCEDURAL GUIDELINES. AND SAMPLE FORMS FOR FILING AN AIR
CONTAMINANT EMISSION NOTICED
The Act requires an "air contaminant emission notice" be filed with
the Department prior to the emission of an air contaminant from any
facility, process, or activity. The Commission has defined insig-
nificant sources exempted from filing a notice as listed in IV.A of
Regulation No. 3. Any facility, process, or activity which must also
file an "air contaminant emission notice" with the Department with
respect to such proposed emission. A revised emission notice is re-
quired and shall be filed whenever a significant change in emissions
shall have occurred. (See instructions)
Effective July 10, 1970, no person shall discharge, or cause to be dis-
charged, into the atmosphere any air contaminant if an "air contaminant
emission notice" has not been filed. Failure to comply with this pro-
vision of the Act is a misdemeanor and upon conviction thereof punish- -
able by a fine of not more than one hundred dollars ($100).
The Air Contaminant Emission Notice may be obtained from the Colorado
Department of Health (see below) or from any local air pollution control
agency in Colorado.
The Air Contaminant Emission Notice is to be completed in triplicate
and all copies mailed to:
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
4210 East llth Avenue
Denver, Colorado, 80220
-26-
-------
AIR CONTAMINANT EMISSION NOTICE
2.0) I. INSTRUCTIONS:
A, GENERAL SOURCE INFORMATION:
To be completed in detail by all persons that are required to file the
"Air Contaminant Emission Notice."
B. PROCEDURES:
1. The Air Contaminant Emission Notice shall be prepared in accordance
with the requirements of Section 66-31-12(2) of the Act.
"Each notice shall specify the location at which the proposed
emission will,occur, the name and address of the person opera-
ting or owning such facility, process, or activity, and the
nature of such facility, process, or activity, and an estimate
of the quantity and composition of the expected emission. The
Division shall make available at all air pollution control
authority offices appropriate forms on which the information re-
' quired by this section shall be furnished."
2. The person filing the Notice shall use forms provided by the
Division in supplying the necessary information. The person
must make a reasonable effort to answer all applicable questions
and' to supply any pertinent information even though the forms
and questions do not specifically request the information.
3. If the Division finds the Emission Notice to be incomplete or
not filed with information as required in Section 66-31-12 of
the Act, the Division may require in writing the required in-
formation.
4. The Division may require chemical analysis of a sample of any
raw materials, fuels, or emissions which may help determine the
identity and quantity of significant air contaminants.
C. FUEL COMBUSTION INFORMATION:
1. List the fuel used in the appropriate space provided and the percent
used for space heating and for process heat.
2. List the type of fuel-burning equipment, collection equipment, or
control equipment used and the expected efficiency of collection
or control equipment; for example, boiler, boiler cyclone, 80%
collecting efficiency.
3. Give rated BTU input.
4. Stack height information must be submitted.
-27-
-------
5. Check your fuel bills for meter readings to determine natural gas
usage.
D. "BASIC PROCESS OR EQUIPMENT USED:
1. For basic process equipment, only that equipment which is a source
of air contaminant (controlled or uncontrolled) should be listed;
for example, dryer solvent extractor, grinder, etc.
2. Under this section, list only that equipment which is associated
with, or a part of, the listed basic process equipment in Section
D.I above; for example, boiler, kiln, scrubber, grinder, baghouse,
dryer, cyclone, solvent extractor, afterburner, etc.
3. The amount of air contaminants should be tabulated. Where precise
data is not available, an estimate subject to later verification
may be made.
E. MANUFACTURING ACTIVITIES INFORMATION:
If the reporting of raw material or product data reveals confidential
information, indicate so on the form and submit under separate cover
appropriately identified as confidential information. Only report
products manufactured if the product results directly in the emission
of an air. contaminant.
1. Principal raw materials should be listed; for example, units of
rock crushed, chemicals consumed, materials processed, etc., per
year.
2. Principal products manufactured might include number of bricks,
cubic yards of concrete, barrels of fuel, etc., produced per year.
F. REFUSE DISPOSAL INFORMATION:
Indicate the method of disposal and the amounts per year for each method.
G. PROCESS FLOW DIAGRAM, ETC.:
May be a simple line drawing showing those points in the process involved
with the emission of air contaminant. Indicate volumes, temperatures,
and estimated quantities of the expected emission on the diagram as well
as any supplemental information. Where space is limited submit a key to
diagram on a separate form.
H. SOLVENT EVAPORATION AND LOSSES:
List the types of solvents used and the estimated quantities of solvents
lost to the air because of evaporation.
-28-
-------
III. SULFUR DIOXIDE EMISSION REGULATIONS
B Illustration of SO Source Emission Concentration Requirements
EFFECTIVE DATE
NEW SOURCES
Regulation Adoption
Date
500 ppm maximum
concentration
January 1, 1975
July 1, 1975
January 1, 1978
Source to be constructed or contracted
must be designed for:
500 ppm and
5 Tons/day
Maximum Emission
-2-1-
-------
COLORADO DEPARTMENT OF HEALTH
AIR POLLUTION CONTROL DIVISION
4210 East llth Avenue, Denver
388-6111 Ext. 241
SAMPLE FORM
DO NOT vmiTE IH THIS SPACE
Coordinate Grid No. :
ometers
STATUS Code
JM
AIR CONTAMINANT EMISSION NOTICE
A. General Source Information (Leave box open for space)
Name of Firm:
I I I
i ; l
1
i
M II
I 1 I i
1
i
1
i.
Plant Address:
Mailinq Address:
1
1
1
1
1
1
County: (Source location)
Jill
III!
Type of Business Activity:
Person to Contact
Telephone:
D
D
a
Date:
1. New Plant
2. Existing Plant
3. Addition or Alteration to Existing Plant
Average Number of Employees:
Land Area at Plant Location in Acres:TcTrcle)
A = (less than 1)6* (1-10) C * (10-50) D « (50 or more)
Number of Days of Week Normally in Operation
Shifts or Hours of Day Normally in Operation
Percent of Annual Production by Season:
Summer [""! Winter
D
D
Spring [~1
I certify to the best of my knowledge
that all information submitted is cor-
rect.
Form 200A
Authorized Signature
-------
SAMPLE FORM
B. FUEL COMBUSTION INFORMATION
1. Fuel consumption for heating, power, steam and electrical generation
Fuel*
Coal
Fuel Oil
Natural Gas
or
L P Gas
Process Gas
Other
(Describe)
Fuel Type
or Grade
Sulfur
Content
Quantity
Per Year
Units of
Measure
Short
Tons
1,000
Gallons
1,000,000
**cu. ft.
1,000,000
"cu. ft.
% Use
Dec-
Feb.
by S
Mar-
ttav
eason
June-
Aua.
Sept-
Nov.
Btu Rated Cap
& BTU of Fuel
Percent used for space heating
Percent used for process heat
All cu. ft. shall be at standard conditons (dry gas at 68C F, 29.92 inches Hg.)
Form 200A
-31-
-------
AIR CONTAMINANT EMISSION NOTICE - Continued
i
2. Type and control of fuel burning equipment
SAMPLE FORM
Type of Unit*
i
BTU
Rated
Capacity
.
Collection Equipment
'i i
Efficiency of
Collection Equip. (S)
*Bo1ler. roaster, oven, ect.
3. Amount and type of air contaminants being emitted
4.
Type of Material Emitted
(List specific contaminant, e.g. SO., fly as
Stack Information
Amount Emitted (Tons/Year)
1, etc.)
Stack'Use*
Height (ft.)
Exit Diameter (ft.)
Exhaust Gas Data at Exit
temp'.
(°F)
Velocity
(ft. /sec.)
Moisture
(?)
^Boiler, roaster, oven, etc.
Cl. Basic process or equipment used
Equipment. Description
Capacity (Tons/hr., etc.)
2. Air contaminant controls being used on above basic process equipment
" Eq-ipment Description
. _
Efficiency (%)
1
Form 200A
-------
AIR CONTAMINANT EMISSION NOTICE - Continued
3. Amount and type of air contaminants being emitted
SAMPLE FORM
Type of Material Emitted
Amount Emitted (Tons/year)
(List specific contaminants, e.g. S02> Cement dust, etc.)
4. Stack Information
Stack Use*
Height (ft)
Exit Diameter (ft)
.
Exhaust Gas Datj
Temp.
(°F)
Velocity
(ft./sec.J
a at Exit
Moisture
(«)
*0ryer, kiln, grinding, buffing, etc. (process relateo)
D.
1.
MANUFACTURING ACTIVITIES INFORMATION
Principal raw materials used in the process or manufacturing activity
Raw Materials
Amount per year
Units of Production
(Tons, Gallons, Etc)
Principal products manufactured
Product
Amount per year
Units of Production
.- 33 -
-------
AIR CONTAMINANT EMISSION NOTICE - Continued
SAMPLE FORM
E. REFUSE DISPOSAL INFORMATION
Principal methods of waste disposal
Type of Waste8
Method
of Disposal6
a. Indicate process and non-prccess waste
b. If incinerator, give capacity in pounds per
Amount (Tons/Year)
hour
F. PROCESS FLOW DIAGRAMS AND ANY RELATED INFORMATION OF THE PLANT OPERATIONS
-------
(2.0) II. AUTHORITY TO CONSTRUCT:
A. GENERAL
No person shall construct or modify any new air contamination source
mentioned in II.B without receiving written authorization from the
Division.
B. Classes of machines, equipment, articles, or contrivances for which
authority is required are the following:
1. Basic equipment.
This class includes any machine, equipment, article or other
contrivance associated with operations except as exempted in
IV.A, the use of which may cause the emission of air contam-
inants.
2. Air pollution control equipment:
This class includes any machine, equipment, article, or other
contrivance associated with operations or processes except as
exempted in IV.A, the use of which may eliminate or reduce or
control the emission of air contaminants.
C. Applications:
Applications for authority to construct shall be prepared on appro-
priate application forms supplied by the Division and filed as out-
lined in IV.B.
D. 'Standards and Procedures for Granting or Denying Applications:
1. No authority to construct or modify shall be granted to the
applicant unless the Division determines to its satisfaction
that:
a. The new air contamination source is so designed and will be
constructed or modified to operate without causing a vio-
lation of the emission control regulations of the Commission,
and any applicable national or local air pollution emission
control ordinances and regulations.
-b. The new air contamination source is designed, built, and
equipped in accordance with the best available practical
methods to reduce, prevent, and control air pollution.
c. The new air contamination source, as designed or modified does
not significantly endanger maintenance or attainment as deter-
mined by criteria set forth in IV.C.2, of any ambient air
quality standards of the Commission, and any more stringent
national or local ambient air quality standards.
-35-
-------
E. Conditional Approval of Applications:
1. An authority to construct or modify may be issued to an applicant
owning or operating any new air contamination source subject to
conditions which will make the equipment operate within the emis-
sion control regulations and ambient air quality standards of the
Commission or applicable national or local air pollution control
ordinances and regulations, and ambient air quality standards, in
which case the conditions will be specified in writing. Commencing
work under such an authority to construct shall be deemed accept-
ance by the applicant of all conditions specified.
2. The Division may impose conditions upon the applicant in the
authority to construct or modify which require owners or opera-
tors of air contamination sources to install, maintain, and use
instrumentation to monitor and record emission data as a basis
for periodic reports to the Division.
F. Expiration of Authority to Construct:
The Division may cancel an authority to construct or modify if the
construction or modification is not begun within six (6) months from
the date construction is to be started as stated in the application1",
or if the work involved in the construction or modification is susr
pended for six (6) months" or more. An applicant may secure an ex-
tension of the expiration date by written request to the Division
stating the reasons for the request. Extensions may be granted for
a period of not more than six (6) months.
(3.0) III. PERMIT TO OPERATE:
A. No person shall begin operation of any new air contamination source
mentioned in II.B of this Regulation without notifying the Division
at least thirty (30) days prior to operation.
B. No person shall cause or permit the operation of any new air contamin-
ation source mentioned in II.B of this Regulation without applying for
a permit to operate from the Division.
C. After January 1, 1975 no person shall cause or permit the use or
operation of any existing air contamination sources mentioned in
II.B Of this regulation without first having been granted a permit
to operate from the Division.
D. The requirement for a permit to operate shall be waived during the
term of a variance.
E. No owner or operator shall cause or permit the operation of a new or
existing air contamination source if the Division denies or revokes
1 a permit to operate.
-36-
-------
F. Applications:
Applications for permit to operate shall be prepared on appropriate
application forms supplied by the Division and files as outlined in
IV.B.
6. Standards and Procedures for granting or denying Permit to Operate:
1. No permit to operate shall be granted unless the applicant shows
to the satisfaction of the Division that the emissions of the
air contamination source will satisfy the requirements of the
emission control regulations of the Commission or any applicable
national or local air pollution control ordinances and regulations
and has been constructed, installed, or modified in accordance
with the requirements and conditions contained in the authority
to construct or modify.
2. After January 1, 1975, no existing air contamination source shall
be granted a permit to operate unless the Division has determined
to its satisfaction that said air contamination source will operate
in such a manner so as not to significantly endanger maintenance or
attainment as determined by the criteria set forth in IV.C.2 of any
ambient air quality standards of the Commission, and any more strin-
'gent national or local ambient air quality standards.
3. Before a permit to operate is granted, the applicant, if required
by the Division, shall conduct performance tests in accordance
with methods approved by the Division with the tests being made at
the expense of the applicant. The Division may monitor such re-
quired performance tests conducted by the applicant and may also
conduct performance test.
4. The Division may impose conditions upon the applicant in the permit
to operate which require the owners or operators of air contamination
sources to install, maintain, and use instrumentation to monitor and
record emission data as a basis for periodic reports to the Division.
5. Prior to meeting the requirements of III.B and III.C. the Division
may grant a temporary permit to operate to new or existing air con-
tamination sources not to exceed six (6) months for the purpose of
'developing operational procedures, modifying equipment or facilities
or to assess the impact of emissions to meet emission control regu-
lations, ordinances and ambient air quality standards as determined
by criteria set forth in IV.C.2.
H. Suspension or Revocation of Permit:
1. The Division may suspend or revoke a permit to operate if the
requirements of Sections III and IV and any conditions specified
,in the permit to operate are not met on a continuous basis. Any
order of the Division denying, suspending or revoking a permit to
operate shall become final within ten (10) days from the receipt
of the notice, unless the permittee shall have made a written ap-
-37-
-------
plication to the Commission for a hearing. The Commission may elect
to refer the matter to the Variance Board for a decision as to
whether the permit shall be granted, denied, or reinstated, or the
operation be continued under the terms and conditions of a variance.
2. Whenever an air pollution emergency has been declared the permittee
shall cease operating at such time after notice as shall have been
stated in the permit to operate. Injunctive procedures may be in-
stituted for failure to halt or curtail operation within the time
specified in the permit. (66-31-11(1).
3. A permit to operate which has been revoked pursuant to these regu-
lations shall be surrendered forthwith to the Division.
I. Renewal:
A permit to operate will be issued for a two-year period subject to
renewal.
-38-
-------
(3.0) IV. COMMON PROVISIONS APPLICABLE TO BOTH AUTHORITY TO CONSTRUCT AND
PERMIT TO OPERATE:
A. Exemptions:
An Air Contaminant Emission Notice, Authority to Construct, and
Permit to Operate shall not be required for:
1. Structures used solely as residential dwellings and which do not
exceed seven family units;
2. Retail and wholesale establishments where no processing or incin-
eration occurs and where solid or liquid fuel is not burned:
3. Air conditioning or ventilating systems not designed to remove air
contaminants generated by or released from equipment;
4. Fuel-burning equipment, other than smokehouse generators, which
use gas as a fuel having a BTU input of not more than 500,000 BTU
per hour;
5. Fireplaces used for inside or outside recreational purposes;
6. fires used for non-commercial cooking of food for human beings-
7. The installation or alteration of an air contaminant detector, or
air contaminant recorder.
8. Laboratory equipment used exclusively for chemical or physical
analyses;
i
9. Flares used to indicate some danger to the public;
10. Normal agricultural cultivation operations.
11. Internal combustion engines are exempt except that emission notices
and permit to operate are required for engines of greater than
l',000 horsepower.
12. Commercial laundries are only required to submit an air contaminant
emission notice.
13. Other sources of minor significance as specified by the Commission.
-39-
-------
B. Preparing and filing an application:
1. Separate applications are required for authority to construct
or modify and permit to operate.
2. Applications shall be signed by the individual legally reasonable
and authorized to do so, and he thereby covenants that the appli-
cant will e.ither cpnstruct or modify the emission source in ac-
cordance with the requirements for granting applications as outlined
in this regulation.
3. Prior to granting an authority to construct or permit to operate by
the Division the applicant must submit, in triplicate, Form 200A
entitled, "Air Contaminant Emission Notice."
4. Each application for authority to construct shall be accompanied
by two copies of the complete data, siting (location) information,
plans, descriptions, specifications and drawings sufficient in
scope to allow an engineering evaluation to be made to determine
whether appropriate air pollution control regulations, and ordin-
ances and ambient air quality control standards will be met. For
certain classes of equipment, special instruction forms are avail-
able which detail the information required. These forms can be °
identified as the Form 200B series.
5. Each application for permit to operate shall be accompanied by
such performance tests results, information and records as may
be required by the Division to determine whether the requirements
of this regulation are met. Such information may also be required
by the Division at any time when the source is being operated to
determine compliance with applicable emission control regulations
and ambient air quality standards.
-40-
-------
C. Standards and Procedures for granting or denying applications:
1. Upon receipt and review of the application, but in no case later
than twenty (20) days, the Division shall grant or deny, or
request specific information from the applicant. Upon receipt of
an application acceptable to the Division, within (2) days the
Division shall either grant or deny permission to the applicant to
construct, modify, or operate the new source.
2. If an authority to construct or permit to operate is granted the
Division shall state, in writing, to the applicant and maintain
a record of the maximum allowable emission levels the new or exist-
ing air contamination source must meet to comply with II.D. 1. (c),
if II.D.I. (c) requires a more stringent degree of emission control
than II.D.I. (a)-
3. In the event of a denial of an application the Division shall not
accept a further application unless the applicant has compiled
with the objections specified as reasons for denial.
4. Prior to the applicant being notified, in writing, of denial a
.conference between the Division and the applicant may be held to
discuss the reasons for denial.
5. No authority to construct or permit to operate shall be granted
to an applicant until the Division has determined to its satis-
faction that acceptable halt or curtailment procedures which con-
form with the requirements of Section 66-31-11 of the Act have
been submitted by the applicant. Such procedures shall state the
times in which the applicant shall halt or curtail activities upon
being notified of the declaration of an air pollution emergency.
Adopted :December 9, 1971
Effective:February 1, 1972
-41-
-------
FEDERALLY PROMULGATED
REGULATIONS
-42-
-------
(12.0) 52.326 TRANSPORTATION AND LAND-USE CONTROLS
(a) To complete the requirements of 51.11(b) of this part, the Governor of
Colorado must submit to the Administrator:
(1) No later than July 1, 1974, the legislative authority necessary for
carrying out control measures for which full authority does not yet
exist, namely inspection/maintenance air bleed retrofit, and high-
altitude modification, specified on pages 7-13 and 7-14 of the plan
submitted June 4, 1973, and in the supplemental submission of July
16, 1973.
(2) No later than January 31, 1974, the adopted regulations and admin-
istrative policies necessary for carrying out the control measures
for which the State now has legal authority, namely the designation
of bus/carpool lanes, the limitation of constructing parking facili-
ties, and the restriction of on-street parking, specified in the sup-
plemental submission of July 16, 1973.
(3) No later than September 1, 1974, the adopted regulations and adminis-
trative policies necessary for carrying out any control measure for
which the State must submit legal authority in accordance with para-
graph (a) (1) of this section.
November 7, 1973
38 F.R. 30818 at 30820
-43-
-------
(50.4) 52.331 CONTROL OF DRY CLEANING SOLVENT EVAPORATION
(a) "Drycleaning operation" means that process by which an organic solvent, as
deflhed ih 52.333(k), is used in the commercial cleaning of garments and
other fabric materials.
(b) This section is applicable in the Metropolitan Denver Intrastate Air
Quality Control Region.
(c) No person shall operate a dry cleaning operation using other than perch!oro-
ethylene, 1,1,1-trichloroethane, or saturated halogenated hydrocarbons un-
less the uncontrolled organic emissions from such operation are reduced at
least 85 percent, except that dry cleaning operations emitting less than 3
pounds per hour and less than 15 pounds per day of uncontrolled organic
materials are exempt from the requirements of this section.
(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 car-
bon dioxide. Compliance with this requirement shall be in accordance with
the provisions of 52.338.
(e) Any owner or operator of a source subject to this section shall achieve com-
pliance with the requirements of paragraph (c) of this section by discontinu-
ing the:use of photochemically reactive solvents as defined by 52.333(1) no
later than January 31, 1974, or by controlling emission as required by para-
graphs (c) and (d) of this section in accordance with the requirements of
52.338.: '
November 7, 1973
38 F.R. 30818 at 30821
-44-
-------
(51.16). 52.332 DECREASING OPERATIONS
(a) "Degreasing" means the operation of using an organic solvent as a surface
cleaning agent.
(b) This section is applicable in the Metropolitan Denver Intrastate Air Quality
Control Region.
(c) No person shall use for degreasing any organic solvent other than 1,1,1-
trichloroethane, perchloroethylene, or saturated halogenated hydrocarbons
after January 31, 1974, unless the uncontrolled organic emissions from such
operation have been reduced at least 85 percent overall.
(d) Degreasing operations emitting less than 3 pounds per hour and less than 15
pounds per day of uncontrolled organic materials are exempt from the.
requirement of this section.
(e) 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. Compliance with this paragraph shall be in accordance with
the provisions of 52.338.
(f) Any owner .or operator of a stationary source subject to this section shall
achieve compliance with the requirements of paragraph (c) of this section
by discontinuing the use of any organic solvent other than 1,1,1-trichlo-
roethane,'perchloroethylene, or saturated halogenated hydrocarbons no later
than January 31, 1974, or by controlling emissions as required by paragraphs
(c) and (e) of this section in accordance with the requirements of 52.338.
November 7, 1973
38 F.R. 30818 at 30821
-45-
-------
(50.4) 52:.333 ORGANIC SOLVENT USAGE
(a) This section is applicable in the Metropolitan Denver Intrastate Air
Quality Control Region. Compliance with the requirements of paragraphs
(b) through (i) of this section shall be in accordance with the provisions
of 52.338.
(b) No person shall discharge more than 15 pounds of organic materials into the
atmosphere in any one day nor more than 3 pounds in any one hour from any
article, machine, equipment or other contrivance in which any organic sol-
vent or any material containing organic solvent comes into contact with
flame or is baked, heat-cured, or heat polymerized, in the presence of
oxygen, unless all organic materials discharged from such article, machine,
equipment, or other contrivance have been reduced by at least 85 percent
overall.
(c) No person shall discharge more than 40 pounds of organic material into the
atmosphere in any one day or more than 3 pounds in any one hour from any
article, machine, equipment, or other contrivance used under conditions other
than described in paragraph (b) of this section for employing, applying,
evaporating, or drying any photochemically reactive solvent, as defined in
paragraph (1) of this section, or material containing such solvent, unless
a.ll organic materials discharged from such article, materials discharged
from such.article, machine, equipment, or other contrivance have been re-
duced by at least 85 percent overall.
(d) Any series,of articles, machines, equipment, or other contrivances designed
for processing a continuously moving sheet, web, strip, or wire which is
'subjected to any combination of operations described in paragraphs (b) and
(c) of this section involving any photochemically reactive solvent, as
defined in paragraph (1) of this section, or material containing such sol-
vent, shall be subject to compliance with paragraph (c) of this section.
Where only non-photochemically reactive solvents or materials containing
only non-photochemically reactive solvents are employed or applied, and
where any portion or portions of said series of articles, machines, equip-
ment, or other contrivances involves operations described in paragraph (b)
of this!section, said portions shall be collectively subject to compliance
with paragraph (b) of this section.
(e) Emissions of organic materials to the atmosphere from the cleanup With
photochemically reactive solvent, as defined in paragraph (1) of this
section, of any article, machine, equipment, or other contrivance de-
scribed -jn paragraphs (b), (c), or (d) of this section shall be included
with the other emissions of organic materials from that article, machine,
equipment, or other contrivance for determining compliance with this section.
-46-
-------
(f) Emissions of organic materials into the atmosphere as a result of continu-
ous drying of products during the first 12 hours after their removal from
any article, machine, equipment, or other contrivance described in para-
graphs '(b), (c), or (d) of this section shall be included with other emis-
sions of organic materials from that article, machine, equipment or other
contrivance for determining compliance with this section.
(g) Emissions of organic materials into the atmosphere required to be controlled
by paragraphs (b), (c), or (d) of this section shall be controlled by:
(1) Incineration: Provided, That 90 percent or more of the carbon in the
organic material being incinerated is oxidized to carbon dioxide.
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be not less
effective than the methods described in paragraphs (g) (1) or (2) of
this section.
(h) 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 or the permit to operate, or as specified by the
Administrator, for indicating temperatures, pressures, rates of flow or
other operating conditions necessary to determine the degree and effective-
ness of air pollution control.
(i) Any person using organic solvents or any materials containing organic sol-
vents shall supply the Administrator, upon request and in the manner and
form prescribed by him written evidence of the chemical composition, physi-
cal properties and amount consumed for each organic solvent used.
(j) The provisions of this section shall apply to:
(1) The manufacture, transport, or storage of organic solvents or materials
containing organic solvents.
(2) The spraying or other employment of insecticides, pesticides, or herbi-
cides.
(3) The employment, application, evaporation, or drying of saturated halo-
genated hydrocarbons, 1,1,1-trichloroethane, or perchloroethylene.
(4) 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: ;
-47-
-------
(i) The volatile content of such material consists only of water
and organic solvents.
(1i )..".. The organic solvents comprise not more than 20 percent by
'.volume of said volatile content.
(iii) The volatile content is not photochemically reactive as defined
in paragraph (1) of this section, and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame.
(5) 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
20 percent by volume of said material.
(ii) The volatile content is not photochemically reactive as de-
fined in paragraph (1) of this section.
(iii) More than 50 percent by volume of such volatile material is
evaporated before entering a chamber heated above ambient
application temperature, and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame.
(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
5 percent by volume of said material.
(ii) The volatile content is not photochemically reactive as defined
in paragraph (1) of this section, and
(iii) The organic solvent or any material containing organic solvent
does not come into contact with flame.
(k) For the purposes of this section, organic solvents include diluents and
thinners and are defined as organic materials which are liquids at stan-
dard conditions and which are used as dissolvers, viscosity reducers, or
cleaning agents.
(1) For the purposes of this section, a photochemically reactive solvent
is any solvent with an aggregate of more than 20 percent of its total
-48-
-------
volume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition lim-
itations i 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;
(2) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethyl benzene: 5 percent.
(3) A combination of ethylbenzene or ketones having branched hydro-
carbon structures, trichloroethylene or toluene: 20 percent.
(m) Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of
the above groups of organic compounds, it shall be considered as a
member of the most reactive chemical group, that is, that group having
the least allowable percent of the total volume of solvents.
(n) For the purpose of this section, organic materials are defined as
chemical compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, metallic carbonates, and ammonium
carbonate.
(o) This section shall be effective on the date of its adoption for any
article, machine, equipment, or other contrivance not then completed
and put into service. As for all other articles, machines, equip-
ment, or other contrivances compliance shall be required in accord-
ance -with 52.338.
(p) A person shall not, after May 31, 1975, discharge into the atmosphere
more than 3,000 pounds of organic materials in any one day nor more
than 450 pounds in any one hour from any article, machine, equipment,
or other contrivance in which any non-photochemically reactive solvent
or any material containing such solvent is employed or applied, unless
said discharge has been reduced by at least 85 percent. Emissions of
organic materials into the atmosphere resulting from air or heated
drying of products for the first 12 hours after their removal from
any article, machine, equipment, or other contrivance described in
this section shall be included in determining compliance with this
section. Emissions resulting from baking, heat-curing or heat-poly-
merizing shall be excluded from determination of compliance with this
section. Those portions of any series of articles, machines, equip-
ment, or other contrivances designed for processing a continuous web,
strip, or wire which emit organic materials and using operations de-
scribed in this section shall be collectively subject to compliance
with'this section.
-49-
-------
(51.16) 52.334 STORAGE OF PETROLEUM PRODUCTS
(a) This section is applicable in the Metropolitan Denver Intrastate Air Quality
Control Region. Compliance with the requirements of paragraph (b) of this
section shall be in accordance with the provisions of 52.338.
(b) No person shall place, store or hold in any stationary tank, reservoir, or
other container of more than 40,000 gallons capacity any gasoline or any
petroleum distillate having a vapor pressure of 1.5 pounds per square inch
absolute (psia) or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining working
pressures sufficient at all times to prevent hydrocarbon vapor or gas to
the atmosphere, or is designed and equipped with one of the following
vapor loss control devices, properly installed, in good working order, and
in operation:
(1) A floating roof, consisting of a pontoon type or double deck type roof,
resting on the surface of the liquid contents and equipped with a
closure seal, or seals, to close the space between the roof edge and
tank wall. The control equipment provided for in this paragraph shall
not be used if the gasoline or petroleum distillate has a vapor pres-
sure, of 11.0 pounds per square inch absolute or greater under actual
storage conditions. All tank gauging and sampling devices shall be
.gas-tight except when gauging or sampling is taking place.
(2) A vapor recovery system, consisting of a vapor gathering system capable
of collecting the hydrocarbon vapors and gases discharged and a vapor
disposal system capable of processing such hydrocarbon vapors and gases
so as to prevent their emission to the atmosphere, with all tank gaug-
ing and sampling devices gas-tight, except when gauging or sampling is
taking place.
(3) Other equipment of equal efficiency, provided such equipment is ap-
proved by the Administrator.
November 7, 1973
38 F.R. 30818 at 30822
-50-
-------
(51.16) 52.335 ORGANIC LIQUID LOADING
(a) "Loading facility" means any aggregation or combination of organic liquid
loading equipment which is both possessed by one person and located out-
lets for such aggregation or combination of loading equipment can be encom-
passed within any circle of 300 feet in diameter.
(b) This section is applicable in the Metropolitan Denver Intrastate Air Quality
Control Region. Compliance with the requirements of paragraphs (b) through
(d) of this section shall be in accordance with the provisions of 52.338.
(c) No person shall load organic liquids having a vapor pressure of 1.5 psia
or greater under actual loading conditions into any tank truck, trailer,
or railroad tank car from any loading facility unless the loading facility
is equipped with a vapor collection and disposal system, or its equivalent,
approved by the Administrator.
(d) Loading shall be accomplished in such a manner that all displaced vapor and
air will be vented only to the vapor collection system. Measures shall be
taken to prevent liquid drainage from the loading device when it is not in
use or to accomplish complete drainage before the loading device is dis-
connected.
(e) The vapor disposal portion of the vapor collection and disposal system shall
consist of.'one of the following:
(1) An absorber system or condensation system which processes all vapors
and recovers at least 90 percent by weight of the organic vapors and
gases from the equipment being controlled.
(2) A vapor handling system which directs all vapors to a fuel gas system.
(3) Other equipment of equal efficiency provided such equipment is ap-
proved by the Administrator.
(f) This section shall apply only to the loading of organic liquids having a
vapor pressure of 1.5 psia or greater under actual loading conditions at a
facility from which at least 20,000 gallons of such organic liquids are
loaded in any one day.
-51-
-------
(51.16) 52.336 GASOLINE TRANSFER VAPOR CONTROL
(a) "Gasoline" means any petroleum distillate having a Reid vapor pressure of
4 pounds 6r greater.
(b) This section is applicable in the Metropolitan Denver Intrastate Air
Quality Control Region.
(c) No person shall transfer gasoline from any delivery vessel into any station-
ary 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 from 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 gasoline can be transferred
into the container.
(ii) Refrigeration-condensation system or equivalent designed 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 requirements
of this section, the system shall be so constructed as to be readily
added on to retrofit with an adsorption system, refrigeration-condensa-
tion system, or equivalent vapor removal system, and so constructed as
to anticipate compliance with 52.337.
(3) The vapor-laden delivery vessel shall be subject to the following
ditions:
con-
(i) - The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at facili-
ties equipped with a vapor recovery system or the equivalent,
which can recover at least 90 percent by weight of the organic
compounds in the vapors displaced from the delivery vessel
during refilling.
(iii) Gasoline storage compartments of 1,000 gallons or less in gas-
oline delivery vehicles presently in use on the promulgation
date of this regulation will not be required to be retrofitted
with a vapor return system until January 1, 1977.
(iv) Facilities which have a daily throughput of 20,000 gallons of
'" gasoline or less are required to have a vapor recovery system in
-------
operation no later than May 31, 1977, Delivery vessels and
storage containers served exclusively by facilities required
to have a vapor recovery system in operation no later than
May 31, 1977, also will be required to meet the provisions of
this section no later than May 31, 1977.
(d) The provisions of this paragraph (c) shall not apply to the following:
(1) Stationary containers having a capacity less than 550 gallons used
exclusively for the fueling of implements of husbandry.
(2) Any container having a capacity less than 2,000 gallons installed
prior to promulgation of this paragraph.
(3) Transfer made to storage tanks equipped with floating roofs or
their equivalent. '
(e) Compliance schedule:
(1) June 1, 1974. Submit to the Administrator a final control plan,
which describes at a minimum the steps which will be taken by the
source to achieve compliance with the 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 installation
of emission control equipment.
'(5) March 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.
-53-
-------
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such com-
pliance to the Administrator by June 1, 1974. 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 Administrator,
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 satisfy the requirements of
this paragraph for the affected source.
(g) Nothing in this paragraph shall preclude the Administrator from promul-
gating a s.eparate schedule for any source to which the application of
the' compliance schedule in paragraph (e) of this section fails to satisfy
the requirements of 51.15 (b) and (c) of this chapter.
(h) "Any gasoline dispensing facility subject to this regulation which installs
a storage.tank after the effective date of this regulation shall comply
with the requirements of paragraph (c) of this section by March 1, 1976.
Any facility subject to this regulation which installs a storage tank
after March 1, 1976, shall comply with the requirements of paragraph (c)
at the time of installation.
-54-
-------
(51.16) 52.337 CONTROL OF EVAPORATIVE LOSSES
FROM THE FILLING OF VEHICULAR TANKS
(a) "Gasoline" means any petroleum distillate having a Reid vapor pressure
.of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Denver Intrastate Air
Quality Control Region.
(c) A person shall not transfer gasoline to an automotive fuel tank from
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 where-
in at least 90 percent by weight of the organic compounds in displaced
vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill nozzle dis-
connect.
(d) The system referred to in paragraph (c) of this section can consist of a
vapor-tight return line from the fill nozzle-filler neck interface to the
dispensing tank, to an adsorption, absorption, incineration, refrigeration-
condensation system or equivalent.
(e) Components of the systems required by 52.336(c) can be used for compliance
with, paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction 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, location, or other design
features, the provisions of this paragraph shall not apply to such ve-
hicles. However, in no case shall such configuration exempt any gasoline
dispensing facility from installing a system required by paragraph (c).
(g) Compliance schedule:
(1) January 1, 1975. Submit to the Administrator a final control plan,
which describes at a minimum the steps which will be taken by the
source to achieve compliance with the 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.
-55-
-------
(3) May 1, 1975. Initiate on site construction or installation of emis-
sion control equipment.
(4) May 1, 1977. Complete on-site construction or installation of emis-
sion control equipment or process modification.
(5) May 31, 1977. Assure final compliance with the provisions of para-
. graph (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.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions of
paragraph (c) of this section and which has certified such compli-
ance 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 Administrator, by
June 1, 1974, a proposed alternative schedule. No such schedule may
provide for compliance after May 31, 1977. If promulgated by the Ad-
ministrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(i) Nothing in'this paragraph shall preclude the Administrator from promul-
gating a separate schedule for any source to which the application 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 regulation which installs
a gasoline dispensing system after the effective data of this regulation
shall comply with the requirements of paragraph (c) of this section by
May 31, 1977. Any facility subject to this regulation which installs a
gasoline dispensing system after May 31, 1977, shall comply with the re-
quirements of paragraph (c) of this section at the time of installation.
NOTE: The compliance dates given in paragraphs (g)(l)-(3) were deferred indef-
initely at. 40 FR 1127, Jan. 6, 1975.
-56-
-------
(6.0) 52.338 FEDERAL COMPLIANCE SCHEDULES
(a) Except as provided in paragraph (c) of this section, the owner or operator
of any stationary source subject to the requirements of 52.331, 52.332,
52.333, 52.334, and 52.335 shall comply with the compliance schedule in
paragraph (b) of this section.
(b) Compliance schedule:
(1) December 17, 1973. Submit to the Administrator a final control plan,
which describes, at a minimum, the steps which will be taken by the
source to achieve compliance with the sections cited in paragraph (a)
of this section.
(2) February 16, 1974. Negotiate and sign all necessary contracts for
emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modification.
(3) July 1, 1974. Initiate on-site construction or installation of emis-
sion control equipment or process modification.
(4) May .1, 1975. Complete on-site construction or installation of emis-
sion control equipment or process modification.
(5) May 31, 1975. Assure final compliance with the sections cited in
paragraph (a) of this section.
(6) Any owner or operator of stationary 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.
(c) Paragraph (b) of this section shall not apply:
(1) To a source which is presently in compliance with the regulations cited
in paragraph (a) of this section and which has certified such compli-
ance to the Administrator by December 15, 1973. 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 '
Snd approved by the Administrator.
.(3) To a source whose owners or operator submits to the Administrator, by
December 15, 1973, a proposed alternative schedule. No such schedule
may provide for compliance after May 31, 1975. If promulgated by the
Administrator such schedule shall satisfy the requirements of this
paragraph for the affected source.
-57-
-------
(d) Nothing in this paragraph shall preclude the Administrator from promulgating
a separate schedule for any source to which the application of the com-
pliance schedule in paragraph (b) of this section fails to satisfy the
requirements of 51.15 (b) and (c) of this chapter.
November. 7, 1973
38 F.R. 3.0818 at.30824
-58-
-------
(12.0) 52.339 MONITORING TRANSPORTATION CONTROLS
(a) This section is applicable to the Metropolitan Denver Intrastate Region.
(b) The State of Colorado, or a designated agency, approved by the Administrator,
shall monitor the transportation control measures approved for the State's
implementation plan as follows:
(1) The actual per vehicle emission reductions occurring as a result of:
(i) Inspection/maintenance
(ii) Airbleed (pre-1968 light-duty vehicles); and
(iii) High altitude modification (1968-1974 light duty vehicles).
(2) The observed changes in vehicle miles traveled (VMT) and average
vehicle speeds as a result of:
(i) Bus/carpool lanes;
(ii). Parking lot construction limitation;
i
(iii) Limitation on-street parking and;
(iv) Mass transit improvements.
(c) No later than January 15, 1974, the State shall submit to the Administrator
a detailed program demonstrating compliance with paragraph (b) of this
section and in accordance with 51.19(d) of this chapter. The program
description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing, and
maintaining the monitory program.
(2) The administrative process to be used.
(3) A description of the methods to be used to collect the vehicle emission
reductions, and changes in VMT and average vehicle speed, including a
description of any modeling techniques to be employed.
(4) The funding requirements, including a signed statement from the Gover-
nor .or the State Treasurer or their respective designees identifying
'the source and amount of funds for the program.
(d) No later than February 15, 1974, the Administrator will approve or dis-
the proposed monitoring program.
(e) All data collected as a result of the monitoring program shall be submitted
to the Administrator on a semiannual basis beginning August 15, 1974. The
data shall be submitted in a format similar to that presented in Appendix
M to Part 51 of this chapter.
-59-
-------
(10.0) 52.22 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
; '
(d) Recreation, amusement, sports and entertainment
,t facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
; or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
-60-
-------
(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
.' source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; , or
(d) Any modified highway project which will increase
. average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-61-
-------
(b) Any modified parking facility, or any modification
cf an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-62-
-------
(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and.
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
-63-
-------
(iii)1 For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
. , , , highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
-64-
-------
published by the Environmental Projection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Gause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
-65-
-------
or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
-66-
-------
land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the Indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (1i), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
-67-
-------
(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
.condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and wou,1-d not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
-68-
-------
(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
' ' by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
sthe operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
-69-
-------
(17.0) 52.343 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 representati ve, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, Includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
-70-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations .
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean i... 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(i1) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations"of particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
-71-
-------
(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Glass II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-72-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III. provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (1i) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
-73-
-------
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
-74-
-------
source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
..'hot be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour.day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) L1me Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
-75-
-------
(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
-76-
-------
Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
-77-
-------
(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation 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.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
-78-
-------
(vi) The Administrator may extend each of the time periods
specified in paragraph (e)'(l) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any.owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and cpnditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after Oune 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
A,
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for Implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
i
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section. :
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
-79-
-------
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
-80-
------- |