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
I—I
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-

-------