U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 255
Air Pollution Regulations in State
Implementation  Plans: Connecticut
Abcor Inc, Wilmington, MA  Walden Div
 Prepared for

 Environmental Protection Agency, Research Triangle Park, NC


 Aug 78

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                                290255
United States
Environmental Protection
Agency
Office of Air Quality
Ranning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-056
August 1 978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Connecticut
      REPRODUCED BY
      NATIONAL TECHNICAL

      INFORMATION SERVICE
       U. S. DEPARTMENT OF COMMERCE
        SPRINGFIELD, VA. 22161

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                                  TECHNICAL REPORT DATA
                           (Please read Instructions on the reverse before completing)
\. REPORT NO.
  EPA-450/3-78-056
                             2.
                                                          3. RECIPIENT'S ACCESSION-NO.
A. TITLE AND SUBTITLE
 Air Pollution Regulations  in State Implementation  i
 Plans:Connecticut
             5. REPORT DATE '
               August 1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHORISI
                                                           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
  Control  Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air,  Noise,  and  Radiation
  Research Triangle Park,  NC 27711
                                                           13. TYPE OF REPORT AND PERIOD COVERED
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob  Schell, Control Programs  Development Division
16. ABSTRACT
  This document has been  produced in compliance with  Section I10(h)(l).of  the  Clean Air
  Act amendments of 1977.   The Federally enforceable  regulations contained  in  the State
  Implementation Plans  (SIPs)  have been compiled for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both  the
  Federally approved State and/or local air quality regulations as indicated in  the
  Federal Register and  the Federally promulgated regulations for the State, as
  indicated in the Federal Register. Regulations which  fall into one of the above
  categories as of January 1,  1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State and/or local air quality  regulations
  which have not been Federally approved as of January  1, 1978, are not included here;
  omission of these regulations from this document  in no way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS  C. COS AT I Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
   Unclassified	
                                                                         21. NO
                                              20. SECURITY CLASS (Thispage)

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

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                               EPA-450/3-78-056
    Air Pollution  Regulations
in  State Implementation Plans:
                Connecticut
                       by

                Walden Division of Abcor, Inc.
                 Wilmington, Massachusetts
                  Contract No. 68-02-2890
                 EPA Project Officer: Bob Schell
                     Prepared for

            U.S. ENVIRONMENTAL PROTECTION AGENCY
                Office of Air, Noise, and Radiation
             Office of Air Quality Planning and Standards
            Research Triangle Park, North Carolina 27711

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass.  01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency.  Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-056

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                             INTRODUCTION
     This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977.  The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.  State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation.  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.   Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP.   Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.  For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.   Specifically,
the summary sheets contain the date of submittal to EPA of each revision

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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA.  Finally, a brief description
or reference of the regulation which was submitted is also included.

     This document is not intended to provide a tool for determining
the enforceability of any given regulation.  As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations.  Consequently, the exclusion of a
Federally approved regulation from this document does not .diminish the
enforceability of the regulation.  Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
                                    IV

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                         SUMMARY SHEET
                              OF
                EPA-APPROVED REGULATION CHANGES
                          CONNECTICUT
Submittal Date
   8/26/74
Approval Date
   2/13/76
Description

19-508-1,
19-508-100
                      FEDERAL REGULATIONS
Section Number

52.380
52.382
Description

Rules and Regulations
Prevention of Significant Deterioration

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                         DOCUMENTATION  OF  CURRENT  EPA-APPROVED
                            STATE  AIR POLLUTION  REGULATIONS
                            REVISED  STANDARD SUBJECT INDEX
 1.0    DEFINITIONS
 2.0    GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0    REGISTRATION  CERTIFICATES,  OPERATING PERMITS  AND APPLICATIONS
 4.0    AIR QUALITY STANDARDS (PRIMARY AND  SECONDARY)
       4.1    PARTICULATES
       4.2   SULFUR  DIOXIDE
       4.3   NITRIC  OXIDES
       4.4   HYDROCARBONS
       4.5   CARBON  MONOXIDE
       4.6   OXIDANTS
       4.7   OTHERS
 5.0    VARIANCES
 6.0    COMPLIANCE SCHEDULES
 7.0    EQUIPMENT MALFUNCTION AND MAINTENANCE
 8.0    EMERGENCY EPISODES
 9.0    AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0    NEW SOURCE PERFORMANCE STANDARDS
11.0    NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS  AIR POLLUTANTS
12.0    MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0    RECORD KEEPING AND REPORTING
14.0    PUBLIC AVAILABILITY OF DATA
15.0    LEGAL AUTHORITY AND ENFORCEMENT
16.0    HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0    PREVENTION OF SIGNIFICANT DETERIORATION
18.0    AIR QUALITY MAINTENANCE AREA
19.0  - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0    POLLUTANT - SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1.1   PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                           VI

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal  Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel  Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING (includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
              Topics)
       51.18  SULRJRIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE BURNERS
       51.21  MISCELLANEOUS TOPICS
                                         VII

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TABLE  OF  CONTENTS
Revised Standard
Subject Index
(1.0)
(3.0)
(3.0)
(9.0)
(13.0)
(9.0)
(13.0)
(8.0)
(7.0)
(13.0)
(6.0)
(2.0)
(14.0)
(2.0)
(15.0)
(5.0)
(2.0)
(50.7)
(2.0)
(2.0)
STATE
Section
Number
19-508-1
19-508-2
19-508-3
19-508-4
19-508-5
19-508-6
19-508-7
19-508-8
19-508-9
19-508-10
19-508-11
19-508-12
19-508-13
19-508-14
19-508-15
19-508-16
REGULATIONS
Title
Definitions
Registration Requirements for
Existing Sources of Air
Pollutants
Permits for Construction and
Operation
Source Monitoring, Record
Keeping and Reporting
Methods for Sampling, Testing
Record Keeping and Reporting
Air Pollution Emergency Episode
Procedures
Malfunction of Control Equip-
ment, Reporting
Compliance Schedule
Prohibition of Air Pollution
Public Availability of
Information
Prohibition Against Concealment
or Circumvention
Violations and Enforcement
Variances
Compliance with Regulation
No Defense to Nuisance Claim
Severability
Responsibility to Comply with
Page
1
6
8
15
18
20
33
34
40
40
40
41
43
46
46
47
         Applicable Regulations
      VIM

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Revised Standard
Subject Index
(51.13)
(50.1)
(50.2)
(50.7)
(50.5)
(50.3)
(50.6)
(4.0)
(2.0)
(10.0)
Section
Number
19-508-17
19-508-18
19-508-19
19-508-20
19-508-21
19-508-22
19-508-23
19-508-24
19-508-25
19-508-100
Title
Control of Open Burning
Control of Particulate Emis-
sions
Control of Sulfur Compound
Emissions
Control of Organic Compound
Emissions
Control of Carbon Monoxide
Emissions
Control of Nitrogen Oxides
Emissions
Control of Odors
Connecticut Primary and
Standards
Effective Date
Permits for Construction and
Page
47
48
58
61
71
71
72
75
78
78
                                    Operation of Indirect Sources
                    FEDERALLY PROMULGATED REGULATIONS
Revised Standard     Section
  Subject Index      Number
      (2.0)           52.380
     (17.0)           52.382
         Title
Rules and Regulations
Prevention of Significant
Deterioration
Page
 87
 89
                                     IX

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(1.0)     Section 19-508-1.

             Definitions
             (a)    "Air pollutant"  means  dust,  fumes,  mist,  smoke, other particu-
                   late matter,  vapor,  gas,  aerosol, odorous substances, or any
                   combination thereof, but  does  not include carbon dioxide, un-
                   combined water vapor or water  droplets, or molecular oxygen or
                   nitrogen.

             (b)    "Air pollution"  means  the presence  in  the outdoor  (ambient)
                   atmosphere of one or more air  pollutants  or  any combination
                   thereof in such  quantities and of such characteristics and
                   duration as to be, or  be  likely to  be, injurious to public
                   welfare, to the  health of human, plant or animal life, or to
                   property,  or as  unreasonably to interfere with the enjoyment
                   of life and property.

             (c)    "Ambient air quality standard" means any  standard  which estab-
                   lishes  the largest allowable  concentration  of a specific
                   pollutant in the ambient  air of a region  or  subregion as
                   established by the Federal Environmental  Protection Agency or
                   the Commissioner.

             (d)    "Architectural coating" means  a coating used for residential
                   or commercial buildings and  their appurtenances, or industrial
                   buildings, or other outdoor  structures.

             (e)    "BTU" means British thermal  unit, which is the amount of. heat
                   required to raise the  temperature of one  pound of  water one
                   degree Fahrenheit.

             (f)    "Commenced" or "Commencement"  means that  an  owner  or operator
                   has undertaken a continuous  program of construction or modifi-
                   cation or has entered  into a binding agreement or  contractual
                   obligation for the construction or  modification within a
                   reasonable time, of equipment  or processes that directly affect
                   emissions from the source.

             (g)    "Commissioner" means the  Commissioner  of  Environmental Protec-
                   tion, or the Deputy Commissioner for Environmental Quality.

             (h)    "Indirect source" means any  building,  structure, facility,
                   installation or  combination  thereof, that has or leads to
                   associated activity as a  result of  which  any air pollutant is
                                              -1-

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      or may be emitted.   Indirect sources  include,  but  are  not
      limited to:  shopping centers; sports  complexes;  drive-in thea-
      ters or restaurants; parking lots  or  garages;  residential,
      commercial,  industrial  or institutional  buildings  or develop-
      ments; amusement parks  and other recreational  areas; highways;
      airports and combinations thereof.

(i)    "Indirect source construction permit"  means  a  permit for the
      construction of an  indirect source  which  is  required to in-
      sure that the proposed  indirect source will  neither prevent
      nor interfere, either directly or  indirectly,  with the attain-
      ment or maintenance of  any applicable ambient  air  quality
      standard.

(j)    "Indirect source operating permit"  means  a permit  which is
      required to  insure  that the operation of  an  indirect source
      will neither prevent nor interfere, either directly or indi-
      rectly, with the attainment or maintenance of  any  applicable
      ambient air  quality standard.

(k)    "Deterioration in air quality" means  that a  pollutant  concen-
      tration in a region or  subregion for  any  pollutant specified
      in these regulations will exceed the  maximum pollutant concen-
      tration for  the specified time period for that region  or sub-
      region.

(1)    "Emission" means the act of releasing or  discharging air pollu-
      tants into the ambient  air from any source.

(m)    "Existing ambient pollutant concentration" means the concentra-
      tion of a specific  pollutant at any point in a region  or sub-
      region either as a  measured or calculated value  adjusted to
      reflect the  impact  of any point source or complex  source which
      is in construction  or for which a  permit  to  construct  or oper-
      ate has been issued.

(n)    "Existing indirect  source" means any  indirect  source,  the con-
      struction or modification of which  is commenced  prior  to
      October 1, 1974.

(o)    "Existing point source" means any  point  source,  the construc-
      tion or modification of which is commenced prior to June 1,
      1972.

(p)    "Flare" means an apparatus or contrivance for  the  burning of
      flammable gases or  vapors at or near  the  exit  of a stack,
      flue or vent.

(q)    "Fuel-burning equipment" means any furnace,  boiler, apparatus,
      stack, and all appurtenances thereto, used in  the  process of
      burning fuel for the primary purpose  of  producing  heat or
      power.
                                 -2-

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(r)    "Fugitive dust"  means  solid  airborne  particulate matter emit-
      ted from any source other  than  through  a  stack.

(s)    "Incinerator" means any device,  apparatus,  equipment or struc-
      ture used for destroying,  reducing, or  salvaging by fire any
      material or substance  including, but  not  limited to, refuse,
      rubbish, garbage,  trade waste,  debris or  scrap; or facilities
      for cremating human or animal remains.  For further defini-
      tions related to incineration,  see  section  19-508-18(c) (1).

(t)    "Maximum pollutant concentration" means the largest concentra-
      tion of a specific pollutant in  a region  or subregion  either
      as a measured or calculated  value,  as determined by the Com-
      missioner, for the twelve  months ending on  June 30, 1972.
      The time periods to be averaged  for the purpose of establish-
      ing maximum pollutant  concentrations  shall  be as follows:
      for sulfur oxides, particulate  matter,  and  nitrogen dioxide,
      one year, for carbon monoxide,  eight  hours; for photochemical
      oxidants, one hour; for hydrocarbons, three hours.

(u)    "Mobile source"  means  a source  designed or  constructed to
      move from  one location to another  or to  be portable and  in-
      cludes, but is not limited to automobiles,  buses, trucks,
      tractors, earth-moving equipment, hoists, cranes, mobile
      power generators,  aircraft,  locomotives operating on rails,
      vessels for transportation on water,  lawnmowers, and other
      small home appliances.

(v)    "Modify" or "Modification" means making any physical change
      in, or change in the method  of  operation  of a source which
      increases the amount of any  air pollutant (to which a  stan-
      dard applies) emitted  by such facility  or which results in
      the emission of any air pollutant (to which a standard ap-
      plies) not previously  emitted,  or which increases the  maxi-
      mum rated processing or fuel burning  capacity of the source,
      except that:

      (1)   Routine maintenance, repair,  and  replacement  shall  not
            be considered physical changes, and

      (2)   The following shall  not be considered a change in the
            method of operation:

            (i)    An increase in  the production  rate,  if such
                   increase  does not  exceed the operating design
                   capacity  of the affected facility;

            (ii)   An increase in  hours of operation;

            (iii)  Use of an alternative  fuel or raw material  if,
                   prior to  the date  any  standard under  this part
                                 -3-

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                   becomes  applicable to  such  source,  the  affected
                   facility is  designed to  accommodate such  alter-
                   native use.

      (3)    Any change,  the sole purpose  of which  is to bring an
            existing source into compliance with regulations appli-
            cable to such source, shall not be considered  a  modifi-
            cation.

(w)    "Multiple-chamber  incinerator"  means  any article,  machine,
      equipment, contrivance,  structure or  part of a structure  used
      to dispose of combustible refuse by burning,  which consists
      of two or more refractory lined combustion furnaces  in series
      physically separated  by  refractory  walls interconnected by
      gas  passage ports  or  ducts and  employing adequate design
      parameters necessary  for  maximum combustion  of the material
      to be burned.

(x)    "New indirect source" means any indirect source, the construc-
      tion or modification  of  which is commenced after October  1,
      1974.

(y)    "New point source" means  any point  source, the construction
      or modification of which  is commenced after  June 1,  1972.

(z)    "Non-degradation"  means  that air quality in  any  region or
      designated subregion  shall  not  deteriorate,  as defined in
      subsection (g) of  this section.

(aa)   "Opacity" means the degree to which emissions reduce the
      transmission of light and obscure the view of an object in
      the  background.

(bb)   "Open burning" means  the  burning of any  matter in such a
      manner that the products  of combustion resulting from  the
      burning are emitted directly into the ambient air without
      passing through an adequate stack or  flue.

(cc)   "Organic compounds" means any chemical compounds of  carbon
      excluding carbon monoxide, carbon dioxide, carbonic  acid,
      metallic carbides, metallic carbonates and ammonium  carbonate.

(dd)   "Particulate matter"  means any  material, except  water  in
      uncombined form, that is  or has been  airborne and exists  as
      a liquid or a solid at standard condition.

(ee)   "Person" means any individual,  corporation,  partnership,
      firm, association, trust, estate, public or  private  institu-
      tion, group, agency,  political  subdivision of this state, any
      other state, the United  States, or  political  subdivision  or
      agency thereof or  any legal successor, representative, agent,
      or any agency of the  foregoing.
                                 -4-

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(ff)   "Point source"  means  any mobile  source,  process  source or  sta-
      tionary source  which  is  subject  to  emissions  rate  standards
      or other emissions  standards  imposed  by  these regulations.

(gg)   "Point source construction  permit"  means a  permit  for the
      construction of a point  source which  is  required to  insure
      (1) that the proposed point source  will  not be in  violation
      of any applicable emissions rate standards  imposed by these
      regulations and (2)  that the proposed point source will
      neither prevent nor  interfere directly with the  attainment
      or maintenance  of any applicable ambient air quality standards.

(hh)   "Point source permit to  operate" means a permit  which is re-
      quired to insure (1)  that the operation  of  a point source  will
      be in compliance with any applicable  emissions rate  standards
      imposed by these regulations and (2)  that the operations of a
      point source will neither prevent nor interfere  directly with
      the attainment  or maintenance of any  applicable  ambient air
      quality standard.

(ii)   "Process source" means any operation, process, or activity
      except (1) the  burning of fuel for  indirect heating  in which
      the products of combustion do not come in contact with process
      material, (2) the burning of refuse,  and (3) the processing of
      salvageable material  by  burning.

(jj)   "Region" means  an Air Quality Control Region, or the Connecti-
      cut portion thereof,  as  defined  by  the Environmental Protec-
      tion Agency in  its Office of Air Programs publication No.
      AP-102.

(kk)   "Residual oil"  means any fuel oil of  No. 4, No.  5, or No.  6
      grades, as defined by Commercial Standard C.S. 12-48.

(11)   "Ringelmann chart" means the chart  published and described in
      the U.S. Bureau of Mines Information  Circular 8333.

(mm)   "Soiling index" means a  measure  of  the soiling properties  of
      suspended particles in air determined by drawing a measure
      volume of air  through a  known area  of Whatman No.  4  filter
      paper for a measured period of  time,  expressed as COHs/1,000
      linear feet, or equivalent.

(nn)   "Source" means  any property, real or  personal, which emits or
      may emit any air pollutant.

(oo)   "Stack" means  any chimney, flue, conduit, or duct arranged tp
      conduct emissions to the ambient air.
                                 -5-

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             (pp)   "Standard conditions"  means  a  dry  gas  temperature of 68
                   degrees  Fahrenheit and a  gas pressure  of  14.7  pounds per
                   square inch  absolute  (20  degrees C,  760 mm. Hg.).

             (qq)   "Stationary  source" means any  building, structure, facility
                   or installation  which  emits  or may emit any air  pollutant,
                   and which does not move from location  to  location during
                   normal operation.

             (rr)   "Submerged fill  pipe"  means  any fill pipe the  discharge of
                   which  is still entirely submerged  when the pipe  normally
                   used to  withdraw liquid from the tank  can no longer withdraw
                   any liquid.

             (ss)   "Subregion"  means  a subdivision of a Region, as  determined by
                   the Commissioner.

             (tt)   "Tank" means any vessel for  containing liquids or gases.

             (uu)   "Volatile organic  compounds" means any organic compound, as
                   defined  above, which  has  a vapor pressure of 1.5 pounds per
                   square inch  absolute  (77.6 mm.  Hg.)  or greater under actual
                   storage  conditions.

             (vv)   "Waste water separator" means  any  tank, box, sump, or other
                   container in which any volatile organic compound floating on
                   or entrained or  contained in water entering such tank, box,
                   sump,  or other container  is  physically separated and removed
                   from such water  prior  to  outfall,  drainage, or recovery of
                   such water.


(3.0)    Section 19-508-2.

             Registration Requirements for Existing Sources  of Air  Pollutants

             (a)   Except as specified in subsection  (b), any person who on
                   June 1,  1972 owns  or  operates  a source of air  pollutants shall
                   submit to the Commissioner of  the  Department of  Environmental
                   Protection by October 1,  1972, a source registration statement
                   and reports  to be completed  in accordance with instructions
                   and on forms furnished by the  Commissioner.

             (b)   Registration shall not be required for the following sources:

                   (1)   Mobile sources.

                   (2)   Equipment  used  in a manufacturing process  involving
                         surface coating, including but not  limited to, spray
                         and dip painting, roller coating, electrostatic deposit-
                         ing or spray cleaning, and in  which the  total quantity
                                              -6-

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            of  coating material  and  solvents used is less than
            thirty  (30)  pounds  in  any one hour.

      (3)    Equipment which  is  used  in a manufacturing process
            involving metal  cleaning and/or surface preparation,
            and (i)  which  is connected to a ventilation system
            controlling  escape  of  air pollutants or contaminants
            to  the  workroom  air, such manufacturing process  includ-
            ing,  but not limited to, etching,  pickling, or   plating
            when  the total capacity  of such equipment is  1,000
            gallons  or less, or (ii) any solvent degreasing  units
            with  a  total capacity  of 1,000 gallons or less.

      (4)    Equipment used in a manufacturing  process, other than
            as  set  forth in  subsection (b) (1), (2), (3), (5),  (6),
            or  (7),  in which the combined weight of all materials
            introduced,  excluding  air and water, does not exceed
            either  2,000 pounds in any one hour or 16,000 pounds
            in  any  one day.

      (5)    Any liquid storage  tank, reservoir, or container used
            for the storage  of  acids, volatile organic compounds,
            solvents, diluents  or  thinners, inks, colorants, lac-
            quers,  enamels,  varnishes, or liquid resins,  and having
            a capacity less  than 40,000 gallons.

      (6)    Fuel  burning equipment in which the maximum rated fuel
            burning capacity is less than five million BTUs  per hour,
            unless  the source is burning coal  or residual oil.

      (7)    Sources used as  incinerators in dwellings containing six
            (6) or  fewer family units.

      (8)    Any other process,  operation, equipment, or activity,
            except  those types  specified in subsection  (b)  (1)
            through (7), which  emits or causes to be emitted a
            total of eight tons per  year or less of any air  pollu-
            tant or combination of air pollutants.

(c)   Notwithstanding any  provision  of subsection (b),  registration
      shall  be  required  for  all stationary industrial pneumatic
      solid material handling or conveying systems and  all  indus-
      trial  flares  for  the disposal  of waste  or excess  process  gases.

(d)   Unless the Commissioner shall  otherwise determine,  two or
      more sources  of a  similar or identical  nature in  the  same
      plant or  premises  shall be considered a  single aggregate  source
      for  registration  purposes.   Two or more dissimilar  sources in
      the  same  plant or  premises shall be considered separate sources
      for  registration  purposes.
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             (e)    Any person who has  registered  a  source  pursuant  to  the  pro-
                   visions of paragraph (a)  of this regulation  shall  inform  the
                   Commissioner on forms  supplied by him of  any changes  in loca-
                   tion of the source,  or any alteration of  the source which
                   changes the amount  of  any air  pollutant emitted  by  such
                   source, or the installation of an air cleaning device thereon,
                   or permanent cessation in operation  of  the source.  Such
                   information shall be submitted prior to the  completion  of
                   such change or alteration or cessation  of operations.   The
                   information furnished  the Commissioner  shall  be  sufficient to
                   enable him to determine the manner in which  the  change  will
                   affect emissions from  the source.

             (f)    Guidelines, reporting  forms, and instructions shall be  furnish-
                   ed by the Commissioner for preparation  of the registration
                   statements and reports.   The Commissioner shall  make  these
                   forms as clear, easily understood, and  concise as  possible.


(3.0)     Section  19-508-3.

             Permits for Construction  and Operation

             (a)    Exemptions from Permit Requirements.

                   (1)   Permits under this  regulation  shall not be required for
                         the following sources:

                         (i)    Mobile sources.

                         (ii)   Equipment used in a manufacturing process  involv-
                                ing surface  coating, including  but  not limited to,
                                spray  and dip painting,  roller  coating,  electro-
                                static depositing or spray cleaning,  and in  which
                                the total quantity of coating material and sol-
                                vents  used is less  than thirty  (30) pounds in any
                                one hour.

                         (iii)  Equipment which is  used in a manufacturing pro-
                                cess involving metal cleaning and/or surface pre-
                                paration, and which is  connected to a ventilation
                                system controlling  escape  of air pollutants  or
                                contaminants to the workroom air, such manufactur-
                                ing process  including,  but not  limited to  etching,
                                pickling, or plating when  the total capacity of
                                such equipment is 1,000 gallons or  less, or  any
                                solvent degreasing  units with a total  capacity of
                                1,000  gallons or  less.

                         (iv)   Equipment used in a manufacturing process, other
                                than as set forth in subsections (a) (i),  (ii),
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                   (iii)»  (v),  (vi), or  (vii),  in which the combined
                   weight  of all materials introduced, excluding air
                   and  water, does not exceed either 2,000 pounds in
                   any  one hour or 16,000 pounds in any one day.

            (v)     Any  liquid storage tank, reservoir, or container,
                   used for the storage  of acids, volatile organic
                   compounds, solvents,  diluents or thinners, inks,
                   colorants, lacquers,  enamels, varnishes, liquid
                   resins, and  having a  capacity less than 40,000
                   gallons

            (vi)    Fuel  burning equipment in which the maximum  rated
                   fuel  burning capacity is less than five million
                   BTU  per hour, unless  the source is burning coal
                   or residual  oil.

            (vii)   Sources used as incinerators in dwellings contain-
                   ing  six (6)  or fewer  family  units.

           (viii)   Any  other process, operation, equipment, or  acti-
                   vity, except those types specified in subsection
                   (a)  (1) (i)  through  (vii), which emits or causes
                   to be emitted a total of eight tons per year or
                   less of any  air pollutant or combination of  air
                   pollutants.

      (2)    Notwithstanding any provision of subsection  (a) (1),
            permits shall  be required for all new stationary indus-
            trial  pneumatic solid material handling or conveying
            systems and all industrial flares for the disposal  of
            waste  or excess process  gases.

(b)   Applications for  Permits  to Construct.

      (1)    Effective June 1, 1972,  except as specified  under sub-
            section (a), no person shall construct, modify, install
            or cause the construction, modification, or  installation
            of any new  source of air pollutants, or modify any
            existing source or  facility  without applying for and ob-
            taining a construction permit from  the Commissioner.

      (2)    Application for each source  described  in subsection (b)
            0)»  (g) (5) and  (g)  (6) shall be made by the owner or
            operator of the source on forms furnished by the Com-
            missioner.   Each application shall  include  siting infor-
            mation; descriptions of  the  equipment and processes
            involved; the  nature, source and quantity of uncon-
            trolled and controlled emissions; the  type,  size and
            and efficiency of control facilities; and such other
            information as the  Commissioner may require.
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      (3)    Unless the Commissioner shall  otherwise determine,  when
            two or more sources of a similar or identical  nature  are
            constructed or modified in the same plant or premises,
            they shall be considered a single aggregate  source.
            When two or more dissimilar sources are constructed or
            modified, a separate permit shall be required for each
            source.

(c)    Standards for Granting Construction  Permits.

      No permit to construct or modify shall  be granted  until the
      Commissioner shall  have found, upon  evidence  submitted by the
      applicant or otherwise made part of  the record, that:

      (1)    The new or modified source for which the permit is  re-
            quested will  operate in accordance with applicable
            regulations.

      (2)    Such new or modified source will  operate without pre-
            venting or interfering with the attainment or mainte-
            nance of applicable federal national ambient air
            quality standards.

      (3)    Such new or modified source incorporates the best
            available control technology.

      (4)    Such new or modified source contains:

            (i)    Sampling ports of a size,  number and  location  as
                   the Commissioner may reasonably  require.

            (ii)   Safe access  to each port.

            (iii)  Such instrumentation to monitor  and record emis-
                   sion data as is required by these regulations;
                   and

            (iv)   Such other sampling and testing  facilities as  the
                   Commissioner may reasonably require.

      (5)    Such new or modified source will  not result  in deteriora-
            tion of air quality in 1975 or later in any  region  or
            subregion of the state.

(d)    Action on Applications for Construction Permits.

      (1)    Except where a public hearing  is held under  subsection
            (j) (4), the Commissioner shall inform  an applicant for
            a construction permit of the decision approving,  denying
            or conditionally approving the application within  sixty
            (60) days of the receipt of the application.  The
                                -10-

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            Commissioner  may,  on  notice  to  the  applicant, extend the
            time for acting  on the  application  an additional  sixty
            (60) days.  An application will  not be  deemed to  have
            been received by the  Commissioner until all  papers and
            documents required in support of the application  have
            been submitted in proper  form.   The Commissioner  must
            act within  120 days.

      (2)    When a  public hearing is  held under subsection  (j) (4)
            on  an application for a construction permit, the  Com-
            missioner shall  inform  the applicant of his  decision on
            the application  within  thirty  (30)  days following
            receipt of  the record of  the hearings.

      (3)    The Commissioner shall  briefly  set  forth  in  any notice
            of  approval,  conditional  approval,  or denial, the basis
            for his determination.

      (4)    The Commissioner may  impose  any reasonable conditions
            upon an approval to construct or modify.

(e)    Cancellation  of Construction  Permits.

      (1)    The Commissioner may  cancel  or  modify a construction
            permit  if:

            (i)    Construction or  modification authorized  by the
                   permit is not  begun within one year from the
                   date of issuance or such other period as is
                   allowed by the permit; or

            (ii)   During construction or modification,  work  is
                   suspended for  one  year;  or

            (iii)  Prior  to  commencement of construction or modifi-
                   cation, significantly more effective  control
                   measures  become  available, or more stringent
                   emission  standards are adopted.

            (iv)   He determines  that any  provision of subsection
                   (c)  has not been or is not being met.

(f)    Permits to Operate.

      (1)    No  person shall  operate or cause the operation  of a  new
            or  modified source without first obtaining a permit  to
            operate from  the Commissioner  in accordance  with  the
            requirements  of  this  section.   No separate application
            shall be required under this section except  for those
            sources subject  to the  provisions of subsections  (g)  (5)
            and (g) (6).
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      (2)    Prior to issuance  of a permit to operate,  the  Commissioner
            may require the owner or operator of a  new or  modified
            source to provide  such additional information  as  he  deems
            necessary and as has not already been included in the
            application for a  construction permit or submitted
            during the course  of construction.

(g)   Standards for Granting Permits to Operate.

      (1)    The Commissioner may impose reasonable  conditions on
            any permit to operate, including due  diligence in opera-
            tion and maintenance.

      (2)    The Commissioner shall grant a permit to operate  a point
            source subject to  the provisions of subsections  (f)  (1),
            (g) (5), or (g) (6)  if he determines  that:

            (i)    The source  is in compliance  with applicable
                   regulations.

            (ii)   The source  operates without preventing  or  inter-
                   fering with the attainment or maintenance  of
                   applicable  federal national  ambient air quality
                   standards.

            (iii)  The source  is equipped with  instrumentation to
                   monitor and record emission  data or other  infor-
                   mation about  the operation of source which
                   satisfies the requirements of Regulation 19-508-4.

            (tv)   The new or  modified source has been constructed
                   in accordance with and meets the requirements,
                   standards and conditions set forth  in the  con-
                   struction permit.

            (v)    Performance tests conducted at the  owner's or
                   operator's  expense, in accordance with  methods
                   prescribed  by the Commissioner or his duly
                   authorized  representative and with  his  observation
                   and participation if he so requires, demonstrate
                   that the new or modified source  has in  fact met
                   the requirements, standards  and  conditions of the
                   construction  permit, is in compliance with appli-
                   cable regulations, and that the  owner or opera-
                   tor of the  source verifies the results  in  a form
                   satisfactory to the Commissioner.

            (vi)   An emergency  abatement or standby plan, where
                   required, has been submitted for the source and
                   approved by the Commissioner.
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      (3)    In  circumstances where  reliable  performance tests
            must  be  conducted  during actual  operations, the Com-
            missioner  may  issue  a conditional  permit to commence
            operations for a period not  to exceed sixty days.  For
            good  cause shown,  the period may be extended by the
            Commissioner for any additional  period  required.  Prior
            to  expiration  of the time  covered  by the conditional
            permit,  the Commissioner shall notify the owner or
            operator in writing  of  his approval, conditional ap-
            proval,  or denial  of the point source permit to operate
            and the  reasons therefor.

      (4)    Operating  permits  shall be renewed every five years,
            unless issued  for  a  shorter  period.

      (5)    Application for the  renewal  of operating permits must
            be  made  at least 120 days  prior  to the  expiration of
            the existing operating  permit.

      (6)    Except as  specified  under  subsection (9), no person
            shall operate  or cause  the operation of a source, the
            construction of which has  commenced prior to June 1,
            1972, but  which will not begin operation prior to
            October  1, 1972, without first having obtained a per-
            mit to operate from  the Commissioner in accordance
            with  the requirements of this regulation.

      (7)    Applications pursuant to subsection (g) (6) must-be
            made  at  least  120  days  prior to  the start-up of
            operations.

(h)   Transfer  of Permit to Operate.

      The  holder  of  a  permit  to  operate  may  not transfer it without
      prior written  notification to the  Commissioner.   Each new
      owner or  operator or holder of the permit shall be responsible
      for  complying  with all applicable  regulations and with the
      conditions  of  the permit.

(i)   Denial, Revocation or Modification of  Operating Permits.

      (1)    An  operating permit  may be denied, revoked  or modified
            for failure to comply with the terms of subsections
            (9) (D  and (g) (2).

      (2)    Notice of  denial,  revocation or  modification of either
            a construction or  an operating permit shall set forth
            the reasons for the  action taken and shall  be effective
            thirty  (30) days after  the date  of service  of the notice,
            unless a hearing  is  requested prior to  the  expiration
            of  the  thirty  (30) day  period.
                                -13-

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      (3)   Any person considering himself aggrieved  by  the  notice
            of denial, revocation or modification may consider  the
            notice a written order of violation under Section 19-508-
            12 (b) (2), and may obtain a hearing thereon by  filing
            a written answer and request for a hearing in accordance
            with Section 19-508-12 (b) (5).   Filing of the answer
            and request for the hearing shall   postpone  the  effective
            date of the notice until conclusion of hearing and
            issuance of the decision of the Commissioner.

(j)    Public Information and Hearing Procedures.

      (1)   In all cases where there is a requirement of legal  notice
            the Commissioner shall cause the applicant to publish at
            his own expense all notices of hearings and  other notices
            required by law.

      (2)   The Commissioner shall inform the  public  of:

            (i)    all permit applications received;

            (ii)   all pending operating permits subject to  the
                   requirements of subsection  (f) (1);

            (iii)  all decisions approving, denying,  or  condition-
                   ally approving any permit.

      (3)   While a decision is pending on a permit application, or
            a permit to operate for sources subject to the provisions
            of subsection (f) (1), any person  may file a written
            objection setting forth the basis  thereof in detail with
            the Department of Environmental Protection and opposing
            the approval of the permit in its  entirety or requesting
            that specific conditions be attached to it.   Objection
            may be accompanied by a request for hearing.

      (4)   Following receipt of a request for a hearing according
            to subsection (j) (3) or upon his  own initiative, the
            Commissioner may, prior to the issuance of the permit,
            hold a public hearing.  Following  the close  of the  hear-
            ing, the Commissioner shall make a decision  based on
            all available evidence, including  the record of  the
            hearing and the recommendation of the hearing examiner,
            as to whether to approve, deny, or conditionally approve
            the permit.  Notice of such decision shall be published
            according to subsection (j) (2).

      (5)   Notwithstanding the provisions of subsection (j) (4),
            a public hearing shall be mandatory for any  application
            subject to subsections (b) (1), (g) (5) or (g) (6)  for a
            source which the Department has reason to believe will
            emit more than 100 tons of air pollutants annually.
                                -14-

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             (k)    No permit issued under this  Regulation  shall  be effective
                   until  the applicant or his  duly  authorized  representative
                   shall  have signed the  permit,  which  signature shall constitute
                   an agreement to abide  by  the terms and  conditions  therein.


(9.0)     Section  19-508-4
(13.0)
             Source Monitoring, Record Keeping  and  Reporting

             (a)    The owner or operator  of  an  air  pollutant source shall  install,
                   use and maintain monitoring  equipment,  sample emissions, estab-
                   lish and maintain records,  and make  periodic  reports  as pres-
                   cribed by the Commissioner  from  time to time  by regulation.

             (b)    Continuous monitoring.

                   (1)   Effective October 1,  1973, the owner  or operator  of  the
                         following sources shall  install,  maintain and operate
                         continuously a photoelectric or other equally effective
                         smoke or opacity detector  and  recorder:

                         (i)    Fuel-burning equipment  burning No. 6  residual
                                oil or coal;

                         (ii)   Other fuel-burning  equipment burning  liquid or
                                solid fuels  having  a maximum rated capacity of
                                more than five million  (5,000,000) BTU per hour;

                         (iii)  Incinerators having a maximum  rated capacity  in
                                excess of two  thousand  (2,000) pounds per  hour;

                         (iv)   A process source emitting  in excess of twenty-
                                five (25) pounds per hour  of particulate matter
                                when operated  at maximum rated capacity.

                   (2)   Effective April  1,  1973, the owner or operator  of fuel-
                         burning sources  described  in subsections (b) (!)  (i) and
                         (b) (1) (ii), when  those sources  burn only liquid or
                         solid fuel containing not  in excess of  one-half of one
                         percent (0.5 percent)  sulfur  (Dry Basis), shall monitor v
                         sulfur oxides emissions by satisfactory evidence  of  the
                         sulfur content and quantity of all fuels burned.  Satis-
                         factory evidence of sulfur content of fuels  shall be
                         determined by analysis procedures set forth  in  Section
                         19-508-5.  Records  of sulfur content  and quantity of
                         fuels burned shall  be kept current and  be reported in
                         a manner and form and at intervals which the Commissioner
                         shall prescribe.
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      (3)    Effective  April  1,  1973,  the  owner or  operator  of  a
            fuel-burning source burning fuel  containing  in  excess
            of one-half of one  percent (0.5  percent)  sulfur (Dry
            Basis)  shall  monitor in  accordance with  the  provisions
            of Sections 19-508-19 (a)  (3)  and 19-508-19  (a)  (6).

      (4)    In addition to the  requirements  of subsections  (b)  (1),
            (b) (2) and (b)  (3), the Commissioner  may require
            sources to monitor  continuously  their  air pollutant
            emissions  where  he  determines  that equipment and methods
            for such monitoring are  reasonably available.   Where the
            Commissioner determines  that  continuous  monitoring of
            air pollutant emissions  is not reasonably available, he
            may require monitoring or intermittent testing  of  such
            sources in whatever reasonable manner  he determines to
            be necessary to  demonstrate that the sources are in
            compliance with  applicable regulations.

      (5)    Nothing in subsection (b)  (4)  shall be construed as
            requiring  the installation or use of monitoring devices
            or methods on  any  source for the purpose of determining
            compliance with  applicable regulations when  such source
            can be  demonstrated, to  the satisfaction of  the Commis-
            sioner, to be physically incapable of  violating such
            regulations.

(c)    The  owner or  operator  of  a source emitting 100 tons per  year
      or more of pollutants  shall be required to carry out an emission
      test or tests as prescribed by the  Commissioner, within  twelve
      months of the effective date of these  regulations. Such  test
      or tests shall be repeated at  least once every two years  there-
      after or at such intervals as  the Commissioner may specify for
      an individual source.

(d)    Records and reports prescribed by the  Commissioner concerning
      air  pollutants,  fuels, and operational  information shall  be
      recorded, compiled, and submitted on forms furnished  or  pres-
      cribed by the Commissioner. Such records and  reports shall
      be signed or  verified  in  writing by the corporate  president,
      or vice president reporting directly to the  president, or
      highest ranking  corporate office or managing official with
      offices located  in the state;  or by an equivalently respon-
      sible officer in the case of organizations other than corpora-
      tions.  Such  signature shall constitute personal affirmation
      that such officer has  exercised due diligence  in verifying
      the  accuracy  of  the record or  report and that, to  the best
      of his knowledge and belief, the record or report  is  true and
      complete, complying fully with applicable state requirements.
      Such signature shall subject the responsible official to
      liability under  these rules and regulations  for false or mis-
      leading statements.
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      (1)    Emissions  shall  be  reported  in  units which shall be
            specified  by  the Commissioner.   Such units shall be  in
            the  same form as the  units of the  emission standards
            found  in the  applicable  regulations  (e.g. pounds per
            million  BTU gross heat input, pounds per  pound of  pro-
            cess material, pounds per  1000  pounds of  exhaust gas),
            or in  any  other meaningful units specified by the
            Commissioner.

      (2)    The  Commissioner may  require the submission of any
            additional records  or reports of monitoring data and
            other  information as  he  deems fit  and necessary to ful-
            fill the purposes and policies  contained  in these
            regulations.

(e)    All  monitoring data required by  the Commissioner shall be  kept
      current and  in a form allowing easy inspection  and  shall be
      retained by  the  source for  a period of at  least three years.
      In order to  allow meaningful correlation of the monitoring
      data or other  information with the applicable emission stand-
      ards as set  forth  in these  regulations,  a  summary of such
      monitoring data  and information  shall  be submitted  by the
      source to  the  Commissioner  every three (3) months or at  such
      times and  in a form to be prescribed  by  him.

(f)    Equipment  or methods for  monitoring a source  as may be required
      pursuant to  subsection (b)  of  this regulation shall be main-
      tained in  operation at any  time  that  the source is  in operation.

      (1)    No person  shall  deliberately shut  down  any monitoring
            device or  method required  under these regulations  while
            the  source being monitored is in operation or is emitting
            air  pollutants, except for necessary maintenance which
            cannot be  accomplished when  the monitored source is  not
            in operation.

      (2)    In the case  of deliberate  shutdown or of  breakdown or
            failure  of any monitoring  device or  method during  which
            time the source will  be  in operation, all reasonable
            measures shall be taken  to assure  resumption  of monitor-
            ing  as soon  as possible.  In the event  such  shutdown of
            monitoring equipment  is  expected,  or may  reasonably  be
            expected,  to  continue for  longer than 72  hours, and  if
            the source is to be operated at any  time  during that
            period,  the  Commissioner shall  be  promptly notified  in
            writing.  Such notification  shall  specify the steps  being
            taken  to restore monitoring, the expected duration of
            the monitoring shutdown, and the length of  time that the'
            source will  be in operation  during the  shutdown.
                                -17-

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                   (3)    Failure of £ny monitoring equipment in no way relieves
                         the owner or operator of any emission source from the
                         responsibility to comply with applicable air pollutant
                         emission regulations or standards.

             (g)    The  Commissioner or his designated agent, upon presentation of
                   his  credentials,

                   (1)    may enter at all  reasonable times upon any public or
                         private property, except a private residence, for the
                         purpose of inspection and investigation to ascertain
                         possible violations of these regulations, in accordance
                         with constitutional limitations;

                   (2)    may at reasonable times have access to records and may
                         obtain copies thereof; and

                   (3)    may at any reasonable time inspect any monitoring equip-
                         ment or method and sample any emissions.

             (h)    It shall  be a violation of these regulations to adjust any
                   monitoring device or method so as to falsify its readings or
                   results.

             (i)    If the Commissioner has reason to believe that any emission
                   standard is being exceeded or that any  regulation is being
                   violated, he may require such tests as  he deems necessary to
                   demonstrate compliance.


(9.0)     Section  19-508-5
(13.0)
             Methods for Sampling, Testing, Record Keeping and Reporting

             (a)    All  sampling, testing,  record keeping and reporting shall be
                   done in accordance with procedures prescribed by the Commis-
                   sioner from time to time by regulation.

             (b)    Sampling and Testing Methods.

                   (1)    Analysis for the  sulfur content of liquid fuels shall be
                         done according to the American Society for Testing and
                         Materials methods D 1551-68, or  D 129-64, or D 1552-64.

                   (2)    Analysis for sulfur content of solid fuel shall be done
                         according to the  American Society for Testing and Mate-
                         rials methods:

                         (i)    Mechanical sampling by method D 22 34065

                         (ii)   Sample preparation by method D 2013-65
                                             .-18-

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            (ill)   Sample  analysis  by  method  271-68

      (3)    The  testing  method  for  sulfur dioxide  emissions  from
            stationary sources  shall be  that  specified as Method 6
            in  the Federal  Register of December  23,  1971, p.  24890.

      (4)    The  testing  method  for  sulfur oxides emissions from
            sulfuric  acid  plants, and  from  any other source  as the
            Commissioner shall  determine by regulation,  shall be
            that specified as Method 8 in the Federal Register of
            December  23, 1971,  p. 24893.    .

      (5)    The  testing  method  for  particulate emissions from all
            stationary sources  except  existing incinerators  shall
            be  that specified as Method  5 in  the Federal Register
            of  December  23, 1971, p. 24888.

      (6)    The  testing  method  for  particulate emissions from exist-
            ing  incinerators shall  be  those specified as the American
            Society of Mechanical Engineers Test Code for Dust Sepa-
            rating Apparatus, PTC 21-1941,  the ASME  Test Code for
            Determining  Dust Concentration  in Gas  Stream, PTC 27-1957,
            and  the Los  Angeles County Source Testing Manual.

      (7)    The testing  method  for  organic  compound  emissions shall
            be  that specified in the Federal  Register of April 30,
            1971,  Appendix E, p. 8198"]  This  method  shall be used  in
            conjunction  with a  heated  sampling probe as  specified  in
            Section 2.2.1  of Method 6  in the  Federal Register of
            December  23, 1971,  p. 24890.

      (8)    The testing  method  for  nitrogen oxide  emissions  from
            stationary sources  shall be  that  specified  as Method  7
            in  the Federal  Register of December  23,  1971, p  24891.

(c)    All  tests  shall  be made under the  direction  of persons quali-
      fied by training or  experience  in  the field  of monitoring air
      pollution sources.

(d)    Sampling  and Testing Methods  as  specified  in subsection (b)
      may  be modified or adjusted with the  approval  of  the Commis-
      sioner as  required by the specific sampling  conditions or needs
      based upon good practice, judgment and  experience.

(e)    The  Commissioner may require  the owner  or  operator of  any air
      pollution source to  conduct  tests  of  emissions.  Such  tests
      shall be  conducted in a manner  satisfactory  to the Commissioner
      and  shall  be conducted at the expense of  the owner or  operator,
      and  the Commissioner or his  representative shall  be entitled
      to be present to observe  the  tests,  including  initial  sampling,
      subsequent laboratory analysis,  or any  other related  procedures.
                                -19-

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             (f)   Record keeping and reporting shall be in a form specified by
                   regulation for sources required to monitor under Section 19-
                   508-4.

                   (1)   Records of continuous monitoring data shall  show hourly.
                         daily, weekly, monthly and annual  averages.   Reports of
                         continuous monitoring data shall be submitted to the
                         Commissioner every three (3) months and shall include
                         daily, weekly, and monthly averages of emissions calcu-
                         lated from such data, the relation of the emissions with
                         the appropriate emission regulations, and a  list of the
                         hours and dates, if any, that the source exceeded the
                         applicable standards and the levels reached.

                   (2)   Records of intermittent sampling data or other data
                         which the Commissioner may require according  to Section
                         19-508-4 shall be recorded according to such  form as the
                         Commissioner shall prescribe.

                   (3)   Fuel-burning sources shall keep records of the quantity
                         and sulfur content of all liquid and solid fuels deliver-
                         ed.  In addition, fuel-burning sources with a fuel storage
                         capacity in excess of two million (2,000,000) gallons
                         shall keep records of monthly fuel use.  New  sources with
                         a maximum rated gross heat input rate in excess of 250
                         million BTU's per hour shall keep records of  fuel sulfur
                         content based on daily analysis.  A summary  report of
                         data required in this subsection will be submitted to
                         the Commissioner every six (6) months and will be on
                         forms, or in a form, prescribed by the Commissioner.


(8.0)     Section 19-508-6

             Air Pollution Emergency Episode Procedures

             (a)   When a stagnation advisory has been received from  the National
                   Weather Service by the Commissioner, he shall prepare for the
                   establishment of an appropriate emergency stage.

             (b)   Emergency Criteria.

                   In determining any stage of an air pollution emergency to
                   exist, the Commissioner shall be guided by the following
                   criteria:

                   (1)   1st Stage:  Advisory of Threatening Atmospheric Conditions

                         A first-stage emergency ("Advisory of Threatening Atmos-
                         pheric Conditions.") will be declared when a  stagnation
                         advisory is received from the National Weather Service
                                             -20-

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      and pollutant concentrations  snow a  rising  trend.

(2)    2nd Stage:   Air Pollution  Alert.

      An air pollution alert shall  be  declared whenever  the
      concentration of one or more  of  the  pollutants  listed
      below reaches the described  level at any monitoring
      site:

            S02 - 800 ug./m3 (0.3  p.p.m.), 24 hour  average.

            Particulate - 3.0 COHs  or  375  ug./m3,
               24- hour average.

                and particulate  combined  - product  of
               S02 p.p.m., 24-hour  average, and  COHs  equal
               to 0.2 or product of SOg -  ug./m3, 24-hour
               average, and particulate ug./m3,  24-hour
               average equal to  65  x 103.

            CO - 17 mg./m3 (15 p.p.m.), 8-hour average.

            Oxidant (03) - 200 ug./m3  (9.1 p.p.m.)  -
               1-hour average.

            N02 - 1130 ug./m3 (0.6  p.p.m.), 1-hour  average,
               282 ug./m3 (0.15  p.p.m.),  24-hour average,

      and meteorological conditions are such that the pollutant
      concentrations can be expected,  unless control  actions
      are taken, to remain at the above levels or increase
      over a period of twelve (12)  or  more hours or such other
      length of time determined  by the Commissioner to con-
      stitute a threat to the safety and  welfare of people.

(3)    Third State:  Air Pollution  Warning.

      An air pollution warning shall be declared whenever
      evidence shows that air quality  is  continuing to degrade
      from the 1st stage alert and any one of the following
      levels is reached at any monitoring  site:

            S02 - 1,600 ug./m3 (0.6 p.p.m.), 24-hour average.

            Particulate - 5.0 COHs  or  625 ug./m3, 24-hour
               average.

            S02 and particulate  combined  - product  of S02
               p.p.m., 24-hour average and COHs  equal to
               .8 or product of S02 ug./m3, 24-hour average
               and particulate ug./m3, 24-hour  average equal
               to 261 x 103.
                          -21-

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            CO - 34 mg./m3 (30 p. p.m.),  8-hour average.

            Oxidant (02)  - 800 ug./m3 (0.4 p. p.m.),  1-hour
               average.

            N02 - 2,260  ug./m3 (1.2  p. p.m.),  1-hour  average;
               565 ug./m3 (0.3 p. p.m.),  24-hour average,

      and meteorological  conditions  are  such  that pollutant
      concentrations can  be expected, unless  control  actions
      are taken, to remain at the above  levels or increase
      over a period of twelve (12) or more hours or  such  other
      length of time determined by the Commissioner  to  consti-
      tute a threat to the safety and welfare  of people.

(4)    Fourth Stage:  Extreme Emergency.

      An extreme emergency shall  be  declared  whenever evidence
      shows that air quality has  degraded  to  a level  deemed
      unacceptable by the Commissioner under  any circumstances
      and requiring the most stringent control actions.   An
      extreme emergency will  automatically be declared  when
      any one of the following levels is reached at  any moni-
      toring site:

            S02 - 2,100  ug./m3 (0.8  p. p.m.),  24-hour average.

            Particulate  - 7.0 COHs or 875  ug./m3, 24-hour
               average.
            S02 and parti cul ate combined - product of
               p. p.m.,  24-hour average and COHs  equal  to 1.2
               or product of S02 ug./m3, 24-hour average and
               parti cul ate ug./m3,  24-hour average equal to
               393 x 103.

            CO - 46 mg./m3 (40 p. p.m.), 8-hour average.

            Oxidant (03)  - 1,200 ug./m3 (0.6 p. p.m.),  1-hour
               average.

            N02 - 3,000 ug./m3 (1.6 p. p.m.), 1-hour average;
               750 ug./m3 (0.4 p. p.m.), 24-hour  average,

      and meteorological  conditions are such that this condi-
      tion can be expected to continue for twelve (12) or more
      hours or such other length of time determined by the
      Commissioner to justify the extreme emergency.
                          .-22-

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      (5)   Termination.

            Once any stage of an air pollution  emergency has  been
            declared, it  shall  remain in effect until  the Commis-
            sioner shall  announce its termination.   At such time,
            the next lower stage shall  take  effect.

(c)   Plans of Action at  Each Stage of Emergency.

      (1)   1st Stage:  Advisory of Threatening Atmospheric
            Conditions.

            Whenever the  Commissioner issues a  1st  stage advisory  of
            threatening atmospheric conditions, all  open burning
            shall cease  (except as authorized by the Commissioner  in
            writing to safeguard public health  and  safety), and in-
            cinerator operations shall  be limited as he may pres-
            cribe.  Additionally, persons responsible for the opera-
            tion of a source of air pollution shall  immediately put
            into effect  the preplanned abatement strategies referred
            to in subsections (d) (1) and (d) (2),  for the 1st stage
            advisory; and shall commence preparations for advancing
            into all phases of the 2nd stage alert  as set forth in
            Table I.

      (2)   2nd Stage Air Pollution Alert.

            Whenever the  Commissioner declares  a 2nd stage air
            pollution alert, persons responsible for the operation
            of a source  of air pollution as  set forth in Table I
            shall as rapidly as possible take all  required steps
            for pollution reduction and shall put into effect the
            preplanned abatement strategy for a 2nd stage alert.
                             TABLE I

                Steps For Air Pollution Reduction
                       at 2nd Stage Alert

1.  There shall be no open burning, except as authorized by the
    Commissioner in writing to safeguard public health and
    safety.

2.  The use of incinerators for the disposal of any form of solid
    waste shall be limited to the hours between 12 noon and 4 p.m.

3.  Boiler lancing or soot blowing required for fuel burning equip-
    ment shall be performed only between the hours of 12 noon and
    4 p.m.
                                -23-

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                       Table I (continued)
4.  All unessential operation of motor vehicles shall be termi-
    nated.

Any person responsible for the operation of a source of air
pollution listed below shall take all described control actions
for this 2nd stage alert.
1.
Source of Air Pollution

Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities.
        Control Action

a.  Substantial reduction by
    utilization of fuels having
    low ash and sulfur content,
    as set forth in standby
    plans.

b.  Maximum utilization of mid-
    day (12 noon to 4 p.m.)
    atmospheric turbulence for
    boiler lancing and soot
    blowing.

c.  Substantial reduction by
    diverting electric power
    generation to facilities
    outside of Alert Area, as
    set forth in standby plans.

a.  Substantial reduction by
    utilization of fuels having
    low ash and sulfur content,
    as set forth in standby
    plans.

b.  Maximum utilization of mid-
    day (12 noon to 4 p.m.) at-
    mospheric turbulence for
    boiler lancing and soot
    blowing.

c.  Substantial reduction of
    steam load demands consis-
    tent with continuing plant
    operations, as set forth
    in standby plans.
                                -24-

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                       Table I (continued)
    Source of Air Pollution

3.  Manufacturing industries
    of the following classifica-
    tions:

    Primary Metals Industry.
    Petroleum Refining Operation.
    Chemical Industries.
    Mineral Processing Industries.
    Paper and Allied Industries.
    Grain Industry.
        Control  Action

a.  Substantial  reduction of air
    pollutants from manufacturing
    operations by curtailing,
    postponing,  or deferring pro-
    duction and  other operations,
    as set forth in standby plans.

b.  Maximum reduction by defer-
    ring trade waste disposal
    operations which emit solid
    particles, gas vapors or
    malodorous substances.

c.  Maximum reduction of heat
    load demands for processing.

d.  Maximum utilization of mid-
    day (12 noon to 4 p.m.) at-
    mospheric turbulence for
    boiler lancing or soot
    blowing.
(c)   (3)   Third Stage Air Pollution Warning.

            Whenever the Commissioner declares a 3rd stage air pollu-
            tion warning, persons responsible for the operation of
            a source of air pollution as set forth in Table II shall
            as rapidly as possible take all required steps for pol-
            lution reduction and shall put into effect the preplanned
            abatement strategy for a 3rd stage warning.
                            TABLE II

                Steps for Air Pollution Reduction
                       at 3rd Stage Warning

1.  There shall be no open burning except as authorized by the Com-
    missioner in writing to safeguard public health and safety.

2.  The use of incinerators for the disposal of any form of solid
    waste or liquid waste shall be prohibited.
                                .-25-

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                       Table II (continued)
3.  Boiler lancing or soot blowing required for fuel burning equip-
    ment shall be performed only between the hours of 12 noon and
    4 p.m.

4.  All private non-commercial motor vehicle operations shall cease
    except where absolutely essential for necessities of life includ-
    ing medical treatment.  Driving to and from work in private
    vehicles shall be prohibited except where no alternative public
    transportation of any kind exists, and then use of car pools shall
    be mandatory.  Police, toll booth operators and other government
    officials shall be requested to verify justification for private
    motor vehicle use during 3rd stage warning.  Commercial vehicle
    operations shall be reduced to the absolute minimum necessary
    to transport necessities and provide for public safety and
    welfare.

Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Warning
Level.
1.
Source of Air Pollution

Coal or oil-fired power
generating facilities.
2.
Coal and oil-fired process
steam generating facilities,
        Control Action

a.  Maximum reduction by uti-
    lization of fuels having
    lowest ash and sulfur
    content, as set forth in
    standby plans.

b.  Maximum utilization of
    midday (12 noon to 4 p.m.)
    atmospheric turbulence for
    boiler lancing and soot
    blowing.

c.  Maximum reduction by divert-
    ing electric power genera-
    tion to facilities outside
    of Warning Area, as set
    forth in standby plans.

a.  Maximum reduction by uti-
    lization of fuels having
    the lowest available ash
    and sulfur content, as set
    forth in standby plans.
                                -26-

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                      Table II (continued)
    Source of Air Pollution
3.
4.
Manufacturing industries
which require considerable
lead time for shut-down
including but not limited
to the following classifi-
cations:

Petroleum Refining.
Chemical Industries.
Primary Metals Industries.
Glass Industries.
Paper and Allied Products
Manufacturing industries
requiring relatively short
lead time for shut-down
including but not limited
to the following classifi-
cations:

Primary Metals Industries
Chemical Industries.
Mineral Processing Industries.
Grain Industry.
        Control  Action

b.   Maximum utilization of mid-
    day (12 noon to 4 p.m.)
    atmospheric  turbulence for
    boiler lancing and soot
    blowing.

c.   Substantial  reduction of
    steam load demands, as set
    forth in standby plans.

a.   Maximum reduction of air
    pollutants from manufactur-
    ing and other operations,
    as set forth in standby plans.

b.   Maximum reduction by defer-
    ring trade waste disposal
    operations which emit solid
    particles, gases, vapors, or
    malodorous substances.

c.   Maximum reduction of heat
    load demands for processing
    as set forth in standby plans.

d.   Maximum utilization of mid-
    day (12 noon to 4 p.m.)
    atmospheric turbulence for
    boiler lancing or soot
    blowing.

a.   Elimination of air pollutants
    from manufacturing operations
    by ceasing, curtailing, post-
    poning or deferring produc-
    tion and allied operations
    to the extent possible as
    set forth in standby plans.

b.   Elimination of air pollutants
    from trade waste disposal
    processes which emit solid
    particles, gases, vapors or
    malodorous substances.
                                -27-

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                      Table II (continued)


    Source of Air Pollution                  Control  Action

                                     c.   Maximum reduction of heat
                                         load demands for processing,
                                         as set forth in standby plans.

                                     d.   Maximum utilization of mid-
                                         day (12 noon to 4 p.m.)
                                         atmospheric  turbulence for
                                         boiler lancing or soot
                                         blowing.
(c)   (4)   4th Stage Extreme Emergency.

            Whenever the Commissioner declares a fourth stage ex-
            treme emergency, persons responsible for the operation
            of a source of air pollution  as set forth in able III
            shall immediately take all required steps for pollu-
            tion reduction and shall put  into effect the preplanned
            abatement strategy for a 4th  stage extreme emergency.
                            TABLE III

                Steps for Air Pollution Reduction
                  at 4th Stage Extreme Emergency
1.  There shall be no open burning, except as authorized by the
    Commissioner in writing to safeguard public health and safety.

2.  The use of incinerators for the disposal of any form of solid
    or liquid wate shall be prohibited.

3.  All enterprises and activities described below shall immediately
    cease operations:

    a.  Mining and quarrying.

    b.  All construction work except that essential to secure sites
        against.endangering life and limb.
                                -28-

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                        Table III (continued)
c.  All manufacturing establishments except those involved  in
    combatting the air pollution emergency in accordance  with
    preplanned abatement strategies.

d.  All wholesale trade establishments,  i.e., places  of busi-
    ness primarily engaged in selling merchandise to  retailers,
   .or industrial, commercial, institutional  or professional
    users, or to other wholesalers, or acting as agents in  buying
    merchandise for or selling merchandise to such persons  or
    companies, except those engaged in the distribution of  drugs,
    surgical supplies and food.

e.  All state and local government offices except those neces-
    sary for public safety and welfare,  including any involved
    in combatting the air pollution emergency.

f.  All retail trade establishments except pharmacies, surgical
    supply distributors, and stores primarily engaged in  the
    sale of food.

g.  Banks, credit agencies other than banks,  securities and
    commodities brokers, dealers, exchanges and services;
    offices of insurance carriers, agents and brokers, real
    estate offices.

h.  Wholesale  and retail laundries, laundry services and clean-
    ing and dyeing establishments; photographic studies;  beauty
    shops, barber shops, shoe repair shops.

i.  Advertising offices; consumer credit reporting, adjustment
    and collection agencies; duplicating, addressing, blueprint-
    ing; photocopying, mailing, mailing list and stenographic
    services; equipment rental services, commercial testing
    laboratories.

j.  Automobile repair and servicing and all parking and garage
    operations.

k.  All office, clerical and professional service enterprises
    including law and accounting offices but excluding doctors'
    offices and medical laboratories.

1.  All schools of any kind.

m.  Establishments rendering amusement and recreational services
    including motion picture theaters.
                            -29-

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                            Table III (continued)
4.  All commercial, manufacturing or service establishments not
    shut down by this regulation shall institute such actions as
    will result in maximum reduction of air pollutants from their
    activities by ceasing, curtailing, or postponing operations
    which emit air pollutants to the extent possible without
    causing injury to persons or damage to equipment.

5.  The use of motor vehicles of any kind shall cease except in
    emergencies with the express approval of local or state police,

Any person responsible for the operation of a source of air pollu-
tion listed below shall take all required control actions for. this
4th stage all-out emergency.
1.
Source of Air Pollution

Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities
to the extent not prohibited
in paragraph 3 (a-m) above.
      Control  Action

a.  Maximum reduction by
    utilization of fuels having
    lowest ash and sulfur con-
    tent, as set forth in
    standby plans.

b.  Maximum utilization of
    midday (12 noon to 4 p.m.)
    atmospheric turbulence for
    boiler lancing or soot
    blowing.

c.  Maximum reduction by divert-
    ing electric power generation
    to facilities outside of
    Emergency Area, as set forth
    in standby plans.

d.  Imposition of coal reduction
    procedures to extent neces-
    sary.

a.  Maximum reduction by reduc-
    ing heat and steam demands
    to absolute necessities con-
    sistent with preventing
    equipment damage, as set
    forth in standby plans.
                                -30-

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                            Table III  (continued)
    Source of Air Pollution
3.  Manufacturing industries
    of the following classi-
    fications:

    Primary Metals Industries.
    Petroleum Refining.
    Chemical Industries.
    Mineral Processing Industries.
    Grain Industry.
    Paper and Allied Products.
        Control  Action

b.  Maximum utilization of
    midday (12 noon to 4 p.m.)
    atmospheric turbulence for
    boiler lancing and soot
    blowing.

c.  Maximum reduction of steam
    load demands as set forth
    in standby plans.

a.  Elimination of air pollu-
    tants from manufacturing
    operations by ceasing, cur-
    tailing, postponing or
    deferring production and
    allied operations to the
    extent possible without
    causing injury to persons
    or damage to equipment.

b.  Elimination of air pollu-
    tants from trade waste dis-
    posal processes which emit
    solid particles, gases,
    vapors or malodorous sub-
    stances.

c.  Maximum reduction of heat
    load demands for processing.

d.  Maximum utilization of
    midday  (12 noon  to 4 p.m.)
    atmospheric turbulence for
    boiler  lancing or soot
    blowing.
(d)   Preplanned Abatement Strategies.

      (1)   Any person responsible for the operation of a source of
            air pollutants as shown in Tables I - III, or any other
            person operating a source that emits 100 tons or more
            of pollutants a year shall prepare a standby plan for
            reducing the emission of air pollutants during each of
                                -31-

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            the four stages  of an air pollution emergency,  i.e.,
            1st Stage Advisory; 2nd Stage Alert; 3rd  Stage  Warning;
            4th Stage Extreme Emergency.   Standby plans  shall  be
            designed to reduce or eliminate  emission  of  air pollu-
            tants in accordance with the  requirements set forth in
            Table I - III.

      (2)   Any person responsible for the operation  of  a source  of
            air pollutants  not set forth  under subsection (d)  (1)
            shall, when requested by the  Commissioner, prepare stand-
            by plans for reducing the emissions of air pollutants
            during each of  the four stages of an air  pollution emer-
            gency.  Such standby plans shall  be designed to reduce
            or eliminate emissions of air pollutants  in  accordance
            with the requirements set forth  in Tables I  - III.

      (3)   All standby plans shall  be in writing, identify the
            source of air pollutants, contain a commitment  as  to  the
            amount of reduction to be achieved, and set  forth  in
            sufficient detail for the Commissioner to evaluate the
            manner in which  the reduction will be accomplished.

      (4)   During any period of Air Pollution Advisory, Alert, Warn-
            ing, or Extreme  Emergency, standby plans  shall  be  made
            available on the premises to  persons authorized to enforce
            these regulations.

      (5)   The standby plans required by subsection  (d) (1) shall
            be submitted to  the Commissioner by August 1, 1972.
            Standby plans requested by the Commissioner  under  sub-
            section (d) (2), shall be submitted within 90 days of
            the date of receipt of the request.  When in the judg-
            ment of the Commissioner a standby plan is not  adequate
            to carry out the objectives set  forth in  Tables I  -  III,
            he may reject the plan and require that it be resubmit-
            ted in an acceptable form within 30 days  from the  date
            of rejection.

(e)    Declaration of Air Pollution Emergency In Aid of Sister  State.

      Notwithstanding that  the concentration of pollutants  in  the
      air over the State of Connecticut does not meet the criteria
      set forth in subsection (b) (1) to  (b) (4) above for  any stage
      of an air pollution emergency, the  Commissioner may neverthe-
      less declare such emergency to be in effect at  the stage level
      he deems appropriate  when it becomes necessary  to  reduce the
      level of air pollutants in Connecticut to avoid intensifying
      deteriorated air conditions in one  or  more areas outside the
      state that are endangering the health  and welfare  of  residents
      in those areas.
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             (f)    Emissions from a Limited  Number of  Sources.

                   Whenever the Commissioner determines  that  a  specified  emer-
                   gency criteria level  has  been  reached in a limited  area,  he
                   may restrict the response to such emergency  in  the  manner he
                   deems appropriate,  including notification  to those  sources
                   contributing or believed  to be contributing  to  the  emergency
                   levels that the abatement actions of  Tables  I,  II,  or  III,
                   as the case may be,  are required and  shall be put into effect
                   until the pollution  is  reduced below  the criteria levels.


(7.0)     Section  19-508-7
(13.0)
             Malfunction of Control Equipment; Reporting

             (a)    Equipment or methods  which control  air pollutant emissions
                   from a source and which are necessary to the operation of such
                   source in compliance  with applicable  emission standards and
                   regulations shall be  maintained in  operation at all  times that
                   the source is in operation or  is emitting  air pollutants.

             (b)    No person shall deliberately shut down any such control equip-
                   ment or method while  the  source is  in operation except for
                   such necessary maintenance as  cannot  be accomplished when the
                   source itself is not in operation and is not emitting  air
                   pollutants.

             (c)    In the case of breakdown, failure,  or deliberate shutdown of
                   any control equipment or  method during which time the  source
                   will be in operation, all reasonable  measures shall  be taken
                   to assure resumption  of control as  soon as possible.  Due
                   diligence shall be exercised to minimize emissions  while the
                   control equipment or  method is inoperative.   In the event such
                   shutdown of control  equipment  or methods  is  expected or may
                   reasonably be expected  to continue  for longer than  72  hours,
                   and if the source is  to be operated at any time during that
                   period, the Commissioner  shall be notified promptly.  Such
                   notice shall include, but is not limited  to  the following:

                   (1)   Identification  of the specific  facility taken out, or
                         to be taken out,  of service as  well  as its location and,
                         where applicable, registration  or permit  number.

                   (2)   The expected length of  time  that the air  pollution
                         control equipment will be out of service.

                   (3)   The nature and quantity  of emissions of air pollutants
                         likely to be emitted during the shutdown  period.
                                             -33-

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                   (4)    Measures  such  as  the  use  of off-shift  labor and equip-
                         ment  that will  be taken to minimize the length of the
                         shutdown  period.

                   (5)    The reasons  that  it would be  impossible or impractical
                         to shut down the  source operation during the maintenance
                         period.

             (d)    The  Commissioner may attach conditions to the operation of the
                   source during the  period of shutdown or breakdown.
(6.0)     Section 19-508-8

             Compliance Schedule
             (a)    All  new sources  must  comply with  all  regulations as of startup
                   of operation.

             (b)    (1)    Existing sources must comply with Sections 19-508-17 (b),
                         19-508-18  (b),  19-508-18  (d) and 19-508-23 (a), by
                         June  1, 1972.

                   (2)    Existing sources must comply with Sections 19-508-18 (a),
                         19-508-18  (c),  19-508-18  (e), 19-508-18  (f), 19-508-19
                         (b) through  (f)  inclusive,  19-508-20  (a) through (e)
                         inclusive, Sections  19-508-20 (f) (1), 19-508-20 (f) (2),
                         19-508-20  (f)  (3), 19-508-20 (f) (5), 19-508-20 (f) (6),
                         19-508-20  (f)  (7), 19-508-21 (a) and  (b), and 19-508-22
                         (a) through  (c)  inclusive,'as expeditiously as practi-
                         cable but  not later  than  June 1, 1973.

                   (3)    Sources subject to Section  19-508-20  (f) (4) must submit
                         to the Commissioner  a proposed  compliance plan and sche-
                         dule  by November 1,  1972, which plan must provide for
                         compliance with  appropriate regulations  as expeditiously
                         as practicable  but not  later than April  1, 1975.  Sources
                         that  do not  submit such a plan  must be in compliance by
                         June  1, 1973.

                   (4)    Fuel  merchants  must  comply  with Section  19-508-19 (a)  (2)
                         by September 1,  1972, and fuel  users must comply with
                         Section by April 1,  1973.

                   (5)    Paint merchants  must comply with Section 19-508-20 (g)  (1)
                         by January 1,  1974 and  paint users must  comply with
                         Section 19-508-20  (g) (2) and (g) (3) by January 1, 1975.

                   (6)    Exemptions specified in Section 19-508-20 (i) (1) will
                         terminate  January  1, 1975.
                                             -34-

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      (7)    Sources subject to the provisions  of Sections  19-508-4
            (b)  (1) through (b) (3) must comply by  April 1,  1973.

(c)    Any  existing source required to comply with subsection (b)  (2)
      which is  unable to comply by the date  specified  therein  must
      submit to  the Commissioner a proposed  compliance plan  and
      schedule  by October 1, 1972, which plan  must  provide for
      compliance with appropriate regulations  as expeditiously as
      practicable but not later than April  1,  1974.

(d)    Compliance plans and schedules pursuant  to subsection  (b)  (3)
      and  (c) must:

      (1)    be  submitted on forms furnished  or prescribed  by the
            Commissioner;

      (2)    set  forth a proposed date for compliance with  each
            applicable regulation; and

      (3)    specify in detail  the manner in  which compliance will
            be  achieved.  Said schedule shall  also  include dates
            for  achievement of increments of progress  toward com-
            pliance and provide for the source to verify completion
            of  each increment to the Commissioner as it is achieved.

(e)    The  Commissioner may approve, approve  with conditions, or
      disapprove a proposed compliance plan  and schedule.  The Com-
      missioner  shall approve such plan and  schedule if he deter-
      mines that:

      (1)    The  source cannot comply with the  regulation at  any
            earlier time even using the best available control
            technology, or cannot install such technology  any
            earlier;

      (2)    Adherence to such plan and schedule will not jeopardize
            the  attainment or maintenance of a national standard  by
            the  required time;

      (3)    The  plan and schedule provide for  the earliest possible
            compliance by the source; and

      (4)    The  plan and schedule provide for  interim control  mea-
            sures to be taken before the compliance date.

(f)    If the Commissioner rejects a proposed plan and  schedule or
      portion thereof, then the source or sources involved must  be
      in compliance with applicable regulations not later  than
      June 1, 1973.
                                -35-

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(g)    All  decisions  of the Commissioner regarding  a proposed  plan
      and  schedule shall  be in writing and shall briefly state  the
      basis for the  decision.

(h)    The  Commissioner shall  issue periodic reports at intervals of
      not  less than  once  a month,  available on request to any inter-
      ested party, which  shall contain information regarding:

      (1)    proposed compliance schedules received; and

      (2)    determinations of  the  Commissioner regarding such
            schedules.

(i)    Following submission to  the  Commissioner of  a proposed  com-
      pliance plan and schedule, any person may file written  objec-
      tions to the plan,  in whole  or in part,  specifying the  basis
      for  those objections. The Commissioner  may, at his discretion
      and  after appropriate notice, hold public hearings upon pro-
      posed compliance plans and schedules.
                                -36-

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                                                  COMPLIANCE SCHEDULE
CO
-xj
I
         OPEN BURNING

           Open Burning

         PARTICULATE EMISSIONS

           Fugitive Dust
           Fuel Burning

           Visible Emissions
           Incineration
           Process Industries
         SULFUR COMPOUND EMISSIONS

           Fuel Combustion
           Non-Fuel  Combustion
                                          Section Number
            17
            18 (b)
            18 (d)

            18 (a)
            18 (c)
    18 (e), 18 (f)
            19 (a)
19 (a)  through (f)
    Effective Date
    of Compliance


    Effective Date
    of Compliance
    Effective Date
    of Compliance
       6/1/72
       6/1/72
.  .  .   6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)
    .5% Requirements
Compliance Date for Sales   .  .   9/1/72
Compliance Date for Use   ...   4/1/73
    Effective Date
    of Compliance
.  . .   6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)

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                                         Section Number
CO
I
         ORGANIC COMPOUND  EMISSIONS

           Volatile  Organic
           Compounds,  Pumps,
           Waste Gas Disposal,
           Organic Solvents
           Hydrocarbon  Emissions
20 (a) through (e),
(f) (1), (f) (2), (f)  (3),
(f) (5), (f) (6), (f)  (7),
(f) (8), (f) (9), (f)  (10)
      (20) (f) (4)
           Architectural  Coating
           Exemption  of Solvents
           Cancellation
         CARBON MONOXIDE  EMISSIONS
      (20) (g) (1)
      (20) (g) (2)
           and (3)

      (20) (i) (1)
           and (2)

      (20) (i) (3)
                                              (21) (a
                                              (21) (b
    Effective Date
    of Compliance
    Effective Date
    of Compliance
.  .  .  6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/74)
Sale of Reactive Paints
or Thinner Compliance

Use of Reactive Paints
or Thinner Compliance
    Effective Date
    of Compliance

    Effective Date
    of Compliance
                               Effective Date
                               of Compliance
.  .  .   6/1/73 or
According to Approved
Plan (as expeditiously
as practicable; not
later than 4/1/75)

.  .  .   1/1/74
.  .  .   1/1/75


.  .  .   6/1/72


.  .  .   1/1/75
                         .  .  .   6/1/73 or
                         According to Approved
                         Plan (as expeditiously
                         as possible; not later
                         than 4/1/74)

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                                          Section Number
         NITROGEN OXIDE EMISSIONS

           Fuel Burning
           Non-Fuel Burning
           Equipment
22 (a)
22 (b),
22 (c)
Effective Date
of Compliance
.  .  .  6/1/73 or
According to Approved
Plan (as expeditiously
as possible; not later
than 4/1/74)
         ODORS

           Odors
23 (a)
Effective Date
of Compliance
       6/1/72
OJ
VD
I

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(2.0)    Section 19-508-9

             Prohibition of Air Pollution

             (a)   No person shall  permit or cause air pollution,  as  defined  in
                   Section 19-508-1  (b)  of these regulations.   This section
                   applies to air pollutants not otherwise covered by these
                   regulations.


(14.0)   Section 19-508-10

             Public Availability of Information

             (a)   Any records, reports  or other information  obtained by  the
                   Commissioner or on file with the department shall, pursuant
                   to the provisions of  Sections 1-7 through  20 of the General
                   Statutes, as amended,  be made available to the  public.  Upon
                   a showing satisfactory to the Commissioner by any  person that
                   such records, reports  or other information, or  particular
                   parts thereof (other  than emission data),  if made  public,
                   would divulge methods  or processes entitled to  protection  as
                   trade secrets of such  person, the Commissioner  shall consider
                   such record, report or information, or particular  part thereof,
                   confidential, except  that such record, report or information
                   may be disclosed to other officers, employees,  or  authorized
                   representatives of the state concerned with carrying out these
                   regulations or when relevant in any hearing conducted  by the
                   Department of Environmental  Protection or  in any judicial
                   proceeding, subject to such  safeguards as  the hearing  officer
                   or presiding judge may impose.

             (b)   Emission data shall not be entitled to protection  as a trade
                   secret.

             (c)   Any emission data made public by the Commissioner  shall be
                   presented in such a manner as to show the  relationship between
                   measured amounts  under applicable emission limitations and
                   compliance schedules or other measures.

             (d)   The Commissioner, when he deems it appropriate, may require
                   a nominal charge to defray the costs of reproducing any
                   requested information.


(2.0)    Section 19-508-11

             Prohibition Against Concealment or Circumvention

             (a)   No person shall  install or cause the installation  or use of
                   any device or any means which, without resulting in reduction
                                             -40-

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                   in the total  amount of air pollutant  emitted,  conceals  or
                   dilutes an emission of air pollutant  which  would  otherwise
                   violate applicable regulations.

             (b)   Abatement of objectionable odors  as defined in Section
                   19-508-23 by means of dilution or masking  shall not  be  deemed
                   a violation of this Section,  provided that  any masking  odor
                   used shall not itself violate Section 19-508-23 or create a
                   nuisance.


(15.0)   Section 19-508-12

             Violations and Enforcement

             (a)   No person shall  violate or cause  the  violation of any appli-
                   cable regulation.

             (b)   Remedies for Violations.

                   (1)   The Commissioner shall  designate employees  of  DEP to
                         be known as  enforcement personnel, who shall,  acting
                         with or without complaints, conduct  investigations and
                         ascertain whether the Commissioner's  regulations  are
                         being complied with.

                   (2)   Whenever the enforcement personnel determine that any
                         regulation promulgated by the Commissioner  has been
                         violated or  there has been  a failure  to comply there-
                         with, they shall make and serve upon  the person or
                         persons responsible for the violations, or  failure, a
                         written order specifying the nature  of the  violation
                         or failure,  and affording a reasonable period  of  time
                         for its correction or remedying.

                   (3)   Prior to the issuance of such order,  the Enforcement
                         Personnel  shall make reasonable effort in the  light of
                         all circumstances to correct the violation  or  failure
                         of compliance by conference, conciliation and  persuasion,
                         as required  by statute.

                   (4)   Unless the person or persons against whom an order has
                         been served  files a written answer thereto  with the
                         Commissioner, within thirty (30) days after the date
                         of service of the order, and requests a hearing thereon,
                         such order shall become final and effective.   The
                         answer shall contain a clear and concise statement of
                         the reason or reasons, if any,  that  the order  is  claimed
                         to be invalid or insufficient and/or the manner  in which
                         the persons  filing the answer deem themselves  aggrieved
                         by the order.  Upon receipt of  the answer and  request
                                             -41-

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            for a hearing,  the Commissioner shall  schedule  the  hear-
            ing as soon thereafter as  is  practical  before himself  or
            a  designated hearing  officer  to act  in  his  place  and
            stead.  The person designated to act as hearing officer
            shall not have  participated  in any way  in  the investiga-
            tion or other preliminary  proceedings  preceding the
            issuance of the order specifying the violation.   The
            hearing shall  be open to the  public  and shall be  conduc-
            ted in the manner provided by statute,  to wit:  Testimony
            shall be under  oath and recorded stenographically or by
            a  sound-recording device,  but strict rules  of evidence
            of courts of law shall not be binding  on the hearing
            officer.  True  copies of the  transcript and of  any  other
            record made by  or at  such  hearing shall  be  furnished a
            party or any other person  requesting them at their  own
            expense.  During the  course of a hearing, the hearing
            officer may take appropriate  measures  to preserve the
            confidentiality of trade secrets.

      (5)    Any person who  receives a  notice that  a permit  has  been
            denied, revoked or modified,  or only conditionally
            approved, may deem the notice  a written  order of violation
            under subsection (b)  (2) and  file a  written answer  and
            request for a hearing under  subsection  (b)  (4).

      (6)    At the conclusion of  a hearing held  under subsection
            (b) (4) or (b)  (5) and after  reviewing  the  hearing
            record and the recommendation and report of the hearing
            officer, if any, the  Commissioner shall determine whe-
            ther the person or persons against whom such order  has
            been issued is  violating any  regulation of  the  Commis-
            sioner, or has  failed to comply with a  proper require-
            ment, order, notice,  ruling or directive duly issued,
            or has improperly had a permit denied,  revoked, or
            modified, or conditionally approved, and he shall affirm,
            modify, reverse or revoke  the order, notice or  other
            action complained of  as he shall in  his discretion  deter-
            mine, and shall so notify such person  or persons  by
            certified mail.  Any  information as  to  secret processes
            or methods shall be kept confidential.

(c)    Any  person who violates an  order of the Commissioner  shall be
      liable for a civil penalty  not to exceed five thousand  dollars
      ($5,000) per week commencing the 10th day  after  expiration of
      the  time fixed for the taking of preventive or corrective
      measures, although the Commissioner in his discretion may
      waive such accrual in whole or in  part. The penalty  may  be
      collected in a civil  action in the  manner  provided by statute.
      In addition, the Commissioner may  institute a civil action  in
      any  court of competent jurisdiction for injunctive relief to
      prevent any further violations of  an order.
                                -42-

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             (d)    Emergencies.

                   (1)    Notwithstanding  any  other  provision of  these regulations,
                         if the  Commissioner  determines  that an  air  pollution
                         emergency exists caused  by adverse meteorological con-
                         ditions,  such  as an  inversion or  a stagnant high  pres-
                         sure system, which requires immediate action to protect
                         public  health  or safety, he may order any person  emit-
                         ting or responsible  for  the emission of air pollutants
                         or contaminants  creating or contributing to the emer-
                         gency,  to reduce or  discontinue such actions immediately.
                         Upon the issuance of such  order,  the Commissioner shall
                         fix a place and  time,  not  later than forty-eight  hours
                         thereafter, for  a hearing  to be held before him or  a
                         hearing officer  designated by him.  Not more than
                         twenty-four hours after  the conclusion  of such hearing,
                         and without adjournment  thereof,  the Commissioner shall
                         affirm, modify or set aside his order.  Nothing contain-
                         ed in this regulation shall be  deemed a waiver of the
                         Commissioner's powers to seek immediate injunctive
                         relief  in the  courts against a  person responsible for
                         emission of pollutants in  an emergency.

                   (2)    Any person who violates  an order  issued during and/or
                         related to an  air pollution emergency shall be liable
                         for a civil penalty  of five thousand dollars  ($5,000)
                         per week commencing  with the date of notice to such
                         person  of issuance of the  order.

             (e)    Criminal Liability.

                   Any  person who files any statement, record or report with the
                   Commissioner  containing false  or misleading information or
                   other claims  shall  be  subject  to criminal prosecution for a
                   Class A misdemeanor  punishable by imprisonment for a period
                   of up to one  year and  a fine of  up to one thousand dollars
                   ($1,000) for  each violation.
(5.0)     Section 19-508-13

             Variances
             (a)    Any person who owns or operates any source of air pollutants
                   as defined in Section 19-508-1  (a)  may apply to the Commis-
                   sioner for a variance or a partial  variance from one or more
                   of the provisions of these regulations.   Applications for a
                   variance shall be submitted on  forms furnished or prescribed
                   by the Commissioner and shall  supply such information as he
                   requires, including but not limited to,
                                            .-43-

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      (1)    information on the nature and location of the facility
            or process for which such application is made;

      (2)    the reasons for which the variance is required,  includ-
            ing the economic and technological justifications;

      (3)    the type and quantity of emissions that will  occur
            during the period of variance;

      (4)    a description of interim control  measures to  be  taken
            by the source to minimize emissions and the damages
            occurring therefrom;

      (5)    history of any previous environmental litigation between
            the source and government agencies;

      (6)    a specific schedule of measures to be taken to bring the
            source into eventual compliance with those regulations
            from which the variance is sought;

      (7)    any other relevant information  the Commissioner  may
            require in order to make a determination regarding  the
            application.

(b)   Failure to supply all necessary information to enable  the
      Commissioner to make a determination  regarding the  application
      shall  be cause for rejection of the application.

(c)   No variance shall be approved unless  the applicant  shall  estab-
      lish to the Commissioner's satisfaction that:

      (1)    discharges occurring during the period of variance  will
            not constitute a danger to public health or safety;

      (2)    compliance with the regulations would produce practical
            difficulty or hardship without  equal or greater  benefits
            to the public.

(d)   In making a determination on granting a variance, the  Commis-
      sioner shall consider:

      (1)    the character and degree of injury to, or interference
            with, safety, health, or the reasonable use of proper-
            ty which is caused or threatened to be caused;

      (2)    the social and economic value of the activity for which
            the variance is sought;

      (3)    the suitability or unsuitability of the activity to the
            area in which it is located;
                                .-44-

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      (4)    the impracticability,  both  scientific  and  economic, of
            complying with the regulation  from  which the  variance
            is sought.

(e)    The  Commissioner shall  not grant  any variance that  will  pre-
      vent or interfere with  the attainment or  maintenance  of  any
      relevant ambient air quality standard.

(f)    Applications for variances may be rejected as untimely if
      received by the Department of Environmental  Protection less
      than 90 days prior to the date for compliance with  the regu-
      lation for which the variance is  sought,  or  if notice of
      violation of the regulation has been served  in accordance
      with Section 19-508-12  (b) (2).

(g)    Following receipt and review of an application for  a  variance,
      the  Commissioner shall  fix a date, time,  and location for a
      public hearing on such  application.

(h)    The  Commissioner shall  cause the  applicant to publish at his
      own  expense all notices of hearings  and other notices required
      by law.

(i)    Within sixty (60) days  of the receipt of  the record of the
      hearing on a variance application, the Commissioner shall
      issue his determination regarding such application.  All such
      decisions of the Commissioner shall  be in writing and shall
      briefly set forth the reasons for the decision.

(j)    The  Commissioner may, at his discretion,  limit the  duration
      of any variance granted under these  regulations, except  that
      no such variance may extend beyond three  years.

      (1)    Any party holding a variance for three years  and needing
            an extension of time may apply for  a new variance  under
            the provisions of these regulations.

      (2)    Any such application shall  include  a demonstration of
            compliance with any conditions imposed by  the previous
            variance.

(k)    The Commissioner may attach to any variance  any  reasonable
      conditions he deems necessary or  desirable,  including but not
      limited to:

      (1)    requirements for special control measures  to  be taken
            by the source to minimize emissions during the  period
            of variance;
                                .-45-

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                   (2)    requirements  for periodic reports  submitted  by  the
                         applicant relating  to emissions,  to  compliance  with  any
                         other conditions under which the  variance  is granted,
                         or to any other relevant information the Commissioner
                         deems necessary.

             (1)    (1)    A variance may be revoked or modified for  failure  to
                         comply with such conditions  as the Commissioner may  have
                         attached to the original grant of a  variance.

                   (2)    Notice of revocation or modification shall  set  forth the
                         reasons for the action taken and  shall  be  effective
                         thirty (30) days after the date of service of the  notice,
                         unless a hearing is requested prior  to the expiration  of
                         the thirty (30) day period.

                   (3)    Any person considering himself aggrieved by  such notice
                         may consider the notice a written order of violation
                         under Section 19-508-12 (b)  (2) and  may obtain  a hearing
                         thereon by filing a written  answer and request  for a
                         hearing in accordance with Section 19-508-12 (b) (4).
                         Filing of the answer and request  for the hearing shall
                         postpone the effective date  of the notice  until conclu-
                         sion of hearing and issuance of the  decision of the
                         Commissioner.


(2.0)     Section  19-508-14
(50.7)
             Compliance with Regulation No Defense to Nuisance Claim

             (a)    Nothing in any portion of these regulations shall  in  any
                   manner be construed as authorizing or legalizing the  creation
                   or maintenance of a nuisance, and  compliance of  a  source with
                   these regulations is not a bar to  a claim  of nuisance by any
                   person.


(2.0)     Section  19-508-15

             Severability

             (a)    If any provision of these regulations or the application there-
                   of to any person or circumstances  is held  to be  invalid, such
                   invalidity shall not affect other provisions or  application  of
                   any  other part of these regulations which  can be given effect
                   without the invalid provisions or application, and to this end
                   the  provisions of these regulations and the various applica-
                   tions thereof are declared to be severable.
                                             -46-

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(2.0)     Section  19-508-16

             Responsibility to  Comply with  Applicable  Regulations

             (a)    Exemption from requirements  for  registration  or  permits or
                   possession of a permit to  construct or  operate or of a
                   variance or  approval  of  a  compliance schedule shall not
                   relieve any  person of the  responsibility  to comply with any
                   other applicable regulations or  other provisions of federal
                   or state law.


(51.13)   Section  19-508-17

             Control  of Open Burning

             (a)    No person shall ignite,  cause to be ignited,  permit to be
                   ignited, or  maintain  any open fire  except as  follows:

                   (1)   Barbecues or other outdoor open fires for  the cooking
                         of food for human  consumption;

                   (2)   Campfires, bonfires, and other fires for ceremonial
                         or recreational  purposes;

                   (3)   Fires  to abate  a fire  hazard  provided that the abate-
                         ment fire is controlled according to directions of a
                         responsible fire official;

                   (4)   Fires  in salamanders or other devices used by construc-
                         tion or other workers  for  heating purposes, provided
                         smoke  is kept to a minimum and no nuisance is created;
                         and small fires kindled by contractors, which fires are
                         essential to street  installation  or paving activities,
                         the repairing of utilities, or other similar work.

             (b)    The following types of fires are allowed  provided that a
                   written certificate has  first been  obtained from the Commis-
                   sioner or his designee;

                   (1)   Fires  for training personnel  in methods of fighting
                         fires;

                   (2)   Fires  for the prevention or control  of  disease or pests;

                   (3)   Fires  for the prevention,  control,  or destruction of
                         agricultural diseases  and  pests,  and agricultural burn-
                         ing for vegetation management;

                   (4)   Fires  for the disposal of  dangerous materials where
                         there  is no reasonable alternative  method  of disposal;
                                             -47-

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                   (5)    Any other fires which  the Commissioner  determines  are
                         necessary to thwart or prevent a  hazard which  cannot be
                         properly managed by any other  means  or  are  necessary
                         for the protection of  public  health.

             (c)    A certificate given under Section  19-508-17  (b) shall  be
                   applicable only for the occasion or  the circumstance for which
                   it is obtained, and a new certificate shall  be required  for
                   all  open burning not sanctioned by  an existing certificate.

             (d)    Certificates  approved under  Section  19-508-17 (b)  shall  be
                   subject to such reasonable conditions as are  necessary to
                   avoid a nuisance or to protect the  health, safety, or com-
                   fort of the public.   The Commissioner or his  designee shall
                   not  issue a certificate under Section 19-508-17-(b)  when he
                   determines that:

                   (1)    A hazardous health condition  will  be created by such
                         burning; or

                   (2)    A salvage operation by open  burning  will be conducted; or

                   (3)    A practical and reasonably available alternative method
                         for the disposal of the material  to  be  burned  exists; or

                   (4)    Such open burning would prevent the  attainment or  main-
                         tenance of a relevant  ambient  air quality standard.

             (e)    If the Commissioner declares an Advisory of  Threatening  Atmos-
                   pheric Condition, the first  stage  of an air  pollution emergency
                   episode as set forth in Regulation  19-508-6  (b) (1), or  any
                   other air pollution emergency episode stage,  no person shall
                   ignite, cause to be ignited, permit  to  be  ignited, or maintain
                   any  open fire except as specifically provided by  Regulation
                   19-508-6.
(50.1)    Section 19-508-18

             Control  of Particulate Emissions
             (a)    Visible emissions.

                   (1)    Visible emission restrictions for stationary sources.

                         (i)     No person shall  cause or permit the  emission  of
                                visible air pollutants of a shade or density  equal
                                to or  darker than that designated as 'No.  1  on the
                                Ringelmann chart or 20 percent opacity.
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      (ii)    A person may discharge  air  pollutants  into  the
             atmosphere from any source  of emission for  a
             period or periods  aggregating not  more than
             5 minutes in any 60 minutes,  provided  that  said
             air pollutants are of a shade or density not
             darker than No.  2  on the Ringelmann  chart or
             40 percent opacity..

      (iii)   Open burning conducted  under  provisions of
             Section 19-508-17  shall not be subject to this
             subsection.

(2)    Visible emission restrictions  for  mobile  sources.

      (i)    No person shall  cause or permit the  emission  of
             visible air pollutants  from gasoline-powered
             mobile sources for longer than five  (5) conse-
             cutive seconds.

      (ii)    No person shall  cause or permit the  emission  of
             clearly visible air pollutants (comparable  to a
             shade or density equal  to or  darker  than No.  1
             on the Ringelmann  chart or  20 percent  opacity)
             from diesel powered motor vehicles for more than
             ten (10) consecutive seconds, during which  time
             the maximum shade  or density  of emissions shall
             be no darker than  No. 2 on  the Ringelmann chart
             or 40 percent opacity.

(3)    Exceptions for uncombined water.

      Where  the presence of uncombined water, such  as water
      vapor, is the only reason for  the  failure of  an emis-
      sion  to meet the requirements  of this regulation,  then
      the provisions of this regulation  shall not apply.

(4)    The following shall be exempt  from the requirements  of
      subsection (a) (2):

      (i)    Antique automobiles over 30 years  old;

      (ii)    Vehicles used exclusively for racing;  and

      (iii)   Mobile sources in  the process of being repaired.

(5)    Emissions from stationary or idling  mobile  sources.

      No mobile source engine shall  be allowed  to operate  for
      more  than three (3) consecutive minutes when  the mobile
      source is not in motion except as  follows:
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            (i)    When a mobile source is forced to  remain  motion-
                   less because of traffic conditions or mechanical
                   difficulties over which the operator  has  no
                   control;

            (ii)    When it is necessary to operate heating,  cooling
                   or auxiliary equipment installed on the mobile
                   source when such equipment is  necessary to accom-
                   plish the intended use of the  mobile  source;

            (iii)   To bring  the mobile source to  the  manufacturer's
                   recommended operating temperature:

            (iv)    When the  outdoor temperature is below twenty  (20)
                   degrees Fahrenheit;

            (v)    When the  mobile source is being repaired.

      (6)    Subsections (a)  (2) and (a) (5) shall  not apply  to air-
            craft,  locomotives operating on rails, vessels for
            transportation on water, lawnmowers,  snowblowers, and
            other  small home appliances.

(b)    Fugitive Dust.

      (1)    No person shall  cause or permit any materials to be
            handled,  transported, or stored; or .a building,  its
            appurtenances, or a road to be used,  constructed, alter-
            ed, repaired or  demolished without taking reasonable
            precautions to prevent particulate matter from becoming
            airborne.  Such  reasonable precautions shall  be  in
            accordance with  good industrial process as determined
            by the  Commissioner and shall include, but not be
            limited to the following:

            (i)    Use, where possible, of water  or chemicals for
                   control of dust in the demolition  of  existing
                   buildings or structures, construction operations,
                   the grading of roads or the clearing  of land;

            (ii)    Application of asphalt, oil, water, suitable
                   chemicals or coverage on materials stockpiles
                   and other surfaces which can give  rise to air-
                   borne dusts;

            (iii)   Installation and use of hoods, fans,  and  fabric
                   filters to enclose and vent the handling  of dusty
                   materials.  Adequate containment methods  shall
                   be employed during sandblasting or other  similar
                   operations;
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            (iv)    Covering,  at  all  times when  in motion, open-
                   bodied  trucks and  trains  transporting materials
                   likely  to  give rise  to airborne dusts;

            (v)     The  prompt removal of earth  or other material
                   from paved streets onto which earth or other
                   material has  been  transported by  trucking or
                   earthmoving equipment, erosion by water, or
                   other means.

      (2)    Agricultural activities  are exempt  from  the provisions
            of subsection  (b) (1).   However,  agricultural practices
            such  as tilling of land  and application  of fertilizers
            shall  be conducted in such  manner as to  minimize dust
            from  becoming  airborne.

      (3)    No person shall cause or permit  the discharge of visible
            emissions beyond  the lot line of the property on which
            the emissions  originate  when:

            (i)     The  emissions remain visible and  exist near ground
                   level outside the property boundaries; or

            (ii)    The  emissions remain visible and  impinge on a
                   building or structure so  that the health, safety,
                   or enjoyment  of life or the  public may be dimin-
                   ished.

      (4)    No particulate matter shall be emitted into the open air
            in such a manner  as  to cause a nuisance.

(c)    Incineration.

      (1)    Definitions.

            The following  terms  as used in subsections  (c)  (1) to
            (c) (6) inclusive, shall  have  the following meanings:

            (i)     "Incinerator" means  any device, apparatus, equip-
                   ment or structure used  for destroying, reducing
                   or salvaging  by fire any  material or substance,
                   including  but not limited to, refuse, rubbish,
                   garbage, trade waste, debris or scrap, or facili-
                   ties for cremating human  or  animal remains.
                   "Small  incinerator"  means an incinerator designed
                   and  used to burn waste  materials  of  types 0,  1,  2,
                   and  3 only, in all capacities not exceeding two
                   thousand pounds per  hour  of  waste material input.
                   "Special incinerator" means  an  incinerator design-
                   ed and  used to burn  pathological  waste type 4 or
                   trade waste types 5  and 6 of any  burning capacity.
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       Crematories  are included in  this  category.
       "Large incinerator" means an incinerator owned
       or operated  by any government or  any person,
       firm or corporation, designed and used  to burn
       waste materials generated by the  public of any
       and all  types, 0 to 6 inclusive,  with a burning
       capacity in  excess of two thousand pounds per
       hour of waste material  input.

(ii)    "New incinerator" means an incinerator  which  is
       a new source, as defined in  Section 19-508-1  (r).

(iii)   "Existing incinerator"  means any  incinerator
       which is not a new source, as defined in Section
       19-508-1 (r).

(iv)    "Flue-fed incinerator"  means an incinerator pro-
       vided with a single flue which serves as both the
       charging chute and the  flue  to transport products
       of combustion to the atmosphere.

(v)     "Liquid particulates" means  particles which have
       volume but are not of rigid  shape and which upon
       collection tend to coalesce  and create  uniform
       homogeneous  films upon  the surface of the collect-
       ing media.

(vi)    "Solid particulates" means particles of rigid
       shape and definite volume.

(vii)   "Smoke" means and includes small  gas-borne parti-
       cles, excluding water vapor, arising from a pro-
       cess of combustion in sufficient  number to be
       observable.

(viii)  "Air pollution control  equipment" means any device
       which prevents or controls the emission of any
       air contaminant.

(ix)    "Type 0 waste" means trash,  a mixture of highly
       combustible  waste such  as paper,  cardboard, car-
       tons, wood boxes and combustible  floor  sweepings,
       from commercial and industrial activities.  The
       mixture may  contain up  to ten percent by weight
       of plastic bags, coated paper, laminated paper,
       treated corrugated cardboard, oily rags and
       plastic or rubber scraps.  This type of waste
       contains approximately  ten percent moisture and
       five percent incombustible solids and has a heat-
       ing value of approximately eighty-five  hundred
       BTUs per pound as fired.
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(x)     "Type 1  waste"  means  rubbish,  a  mixture  of  com-
       bustible waste  such as  paper,  cardboard  cartons,
       wood scrap,  foliage and combustible  floor sweep-
       ings, from domestic,  commercial  and  industrial
       activities.   The mixture may contain up  to  twenty
       percent  by weight of  restaurant  or cafeteria  waste,
       but contains little or  no treated paper, plastic
       or rubber wastes. This type of  waste contains
       approximately twenty-five percent moisture  and
       ten percent incombustible solids and has a  heat-
       ing value of approximately sixty-five hundred
       BTU per  pound as fired.

(xi)    "Type 2  waste"  means  refuse, consisting  of  an
       approximately even mixture of  rubbish and garbage
       by weight.  This type of waste is common to apart-
       ment and residential  occupancy,  consisting  of up
       to fifty percent moisture and  approximately seven
       percent  incombustible solids,  and has a  heating
       value of approximately  forty-three hundred  BTU
       per pound as fired.

(xii)   "Type 3  waste"  means  garbage,  consisting of
       animal and vegetable  wastes from restaurants,
       cafeterias, hotels, hospitals, markets and  like
       installations.   This  type of waste contains up  to
       seventy  percent moisture and up to five  percent
       incombustible solids  and has a heating value  of
       approximately twenty-five hundred BTU per pound
       as fired.

(xiii) "Type 4  waste"  means  human and animal remains,
       consisting of carcasses, organs and  solid organic
       wastes from hospitals,  laboratories, abattoirs,
       animal pounds and similar sources, consisting of
       up to eighty-five percent moisture and approximate-
       ly five  percent incombustible  solids and having a
       heating  value of approximately one thousand BTU
       per pound as fired.

(xiv)   "Type 5  waste"  means  by-product waste, gaseous,
       liquid or semi-liquid,  such as tar,  paints, sol-
       vents, sludge,  fumes  from industrial operations.

(xv)    "Type 6  waste"  means  solid by-product waste,  such
       as rubber, plastics,  wood waste from industrial
       operations and  all salvage operations.
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(2)   Flue-fed incinerator.

      No person shall  construct, install,  use or cause to be
      used any new incinerator of the flue-fed type.

(3)   Emission standards.

      (i)    Particulates.

             No person shall  construct,  install, use  or cause
             to be used any  new incinerator which will  result
             in particulate  matter in the  effluent in excess
             of 0.08 gr/S.C.F. (0.18 gm/NM3) corrected to
             12 percent C02,  maximum 2-hour average.

             No person shall  use or cause  to be used  any exist-
             ing incinerator  which will  emit more than four-
             tenths pound  of particulates  per one thousand
             pounds of flue  gases adjusted to fifty percent
             excess air.

      (ii)   All incinerators must comply  with subsection
             (a) (1) of this  regulation.

      (iii)  Unburned  waste  and ash.

             No person shall  cause, suffer, allow or  permit
             the emission  of  particulates  of unburned waste
             or ash from any  incinerator which are individually
             large enough  to  be discernible by the human eye.

      (iv)   Odors.

             No person shall  construct,  install, use  or cause
             to be used any  incinerator  which will result in
             violations of Section 19-508-23.

(4)   Operation.

      (i)    Approved  operating procedures and rated  burning
             capacity  of the  incinerator shall be posted at
             a convenient place as near  as practical  to the
             point of  operation.

      (ii)   No person shall  use or cause  to be used  any
             incinerator unless all components connected, or
             attached  to,  or  serving the incinerator  which
             affect air pollution are functioning properly
             and are in use,  in accordance with the permit to
             construct and the certificate or permit  to
             operate.
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      (5)    (i)     Emission  tests  shall  be  conducted at  the maximum-
                   rated  burning capacity of  the  incinerator.

            (ii)    The  burning  capacity  of  an incinerator  shall be
                   the  manufacturer's  or designer's guaranteed maxi-
                   mum  rate  or  such  other rate  as may  be determined
                   by the Commissioner in accordance with  good en-
                   gineering practices.   In cases of conflict, the
                   determination made  by the  Commissioner  shall
                   govern.

            (iii)   For  the purposes  of this regulation,  the total of
                   the  capacities  of all furnaces within one  system
                   shall  be  considered as the incinerator  capacity.

      (6)    Exceptions.

            The  provisions of subsection (c)  (1)  to  (c)  (5) inclu-
            sive,  shall not apply  to incinerators  installed or used
            in dwellings  containing  six  or  fewer  family  units.

      (7)    None of these regulations  shall be construed to permit
            the  emission  of hazardous  materials defined  and limited
            by the Commissioner.

(d)    Fuel-burning equipment.

      (1)    No person shall  cause  or permit the emission from fuel-
            burning equipment of  particulate  matter  in excess of
            0.20 pounds per million  BTU  (0.36 gm/106  gm-cal)  of heat
            input for existing  sources and  0.10 pounds per million
            BTU  (0.18 gm/106 gm/cal) of  heat  input  for new sources.

      (2)    For  purposes  of this  regulation,  the  heat  input shall  be
            the  aggregate heat content of  all fuels  whose  product of
            combustion  pass through  a  stack or stacks.  The heat
            input value used shall be  the equipment  manufacturer's
            or designer's guaranteed maximum  input,  whichever is
            greater. The total heat input  of all  fuel burning units
            on a plant  or premises shall be used  for determining  the
            maximum allowable amount of  particulate  matter which  may
            be emitted.

      (3)    Fuel-burning sources  which,  as  of the effective date  of
            these regulations,  have  particulate control  equipment
            in place, must maintain  such control  equipment in proper
            operation.
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  (e)   Process industries - general.

        (1)   No persons shall  cause or permit the emission of particu-
              late matter in any one hour from any source in excess  of
              the amount shown  in Table 3-1  below for the process
              weight rate allocated to such  source, with the exception
              of sources specified in subsection (f).
                              TABLE 3-1
  Process
Height Rate
  Ibs./hr.

       50
      100
      500
    1,000
    5,000
   10,000
   20,000
Emission
  Rate
Ibs./hr.

  0.36
  0.55
   .53
   .25
   ,34
   .73
 14.99
  Process
Height Rate
  Ibs./hr.

   60,000
   80,000
  120,000
  160,000
  200,000
  400,000
1,000,000
Emission
  Rate
Ibs./hr.

 29.60
 31.19
 33.28
 34.85
 36.11
 40.35
 46.72
        (2)   Interpolation of the data in Table 3-1  for the process
              weight rates up to 60,000 Ibs./hr. shall  be accomplished
              by the use of the equation:

                E = 3.59 pO.62    p equal to or less  than 30 tons/hr.

              and interpolation and extrapolation of  the data for pro-
              cess weight rates in excess of 60,000 Ibs./hr. shall  be
              accomplished by the use of the equation:

                E = 17.31 P°-16   P greater than 30 tons/hr.

              Where:  E = Emissions in pounds per hour.

                      P = Process weight rate in tons per hour.

        (3)   For the purposes of this regulation, process weight per
              hour is the total weight of all materials introduced into
              any specific process that may cause any emission of par-
              ticulate matter.  Solid fuels charged will be considered
              as part of the process weight, but liquid and gaseous
              fuels and combustion air will not.  For a cyclical or
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            batch  operation,  the  process weight per  hour will be
            derived  by  dividing the  total  process weight by  the
            number of hours  in one complete operation from the
            beginning of  any  given process to the completion thereof,
            excluding any time during which the equipment is idle.
            For  a  continuous  operation, the process  weight per hour
            will be  derived  by dividing the process  weight for a
            typical  period of time.

      (4)    Where  the nature  of any  process or operation or  the
            design of any equipment  is such as to permit more than
            one  interpretation of this regulation, the  interpretation
            that results  in  the minimum value for allowable  emission
            shall  apply.

      (5)    For  purposes  of  the regulation, the total process weight
            from all similar  process units at a plant or premises
            shall  be used for determining  the maximum allowable
            emission of particulate  matter that passes  through a
            stack  or stacks.

      (6)    For  the  purposes  of this regulation, when any material
            undergoes a series of operations which are  capable of
            of emitting particulate  matter and which employ  any com-
            bination of machines, equipment, or other devices used
            for  processing the material either continuously  or in
            batches, the  total process weight for the series of oper-
            ations shall  be  the weight of  materials  introduced to the
            series as a whole.  Any  material which is the product of
            any  operation in  the  series shall not be counted as part
            of the process weight for any  other operation in the
            series.

(f)    Process  industries  - specific.

      (1)    Emission standards  (iron cupolas).

            No person shall  cause or allow the operation of  any iron
            foundry  cupola unless such cupola is  equipped with gas-
            cleaning devices  and  so  operated as to remove eighty-
            five percent  by  weight of all  particulate matter in the
            cupola discharge  gases,  or to  release not more than
            eight-tenths  of  a pound  of particulate matter per thou-
            sand pounds of discharge gas,  whichever  is  more  stringent.
            Gases, vapors and gas-entrained effluents from such
            cupolas  shall be  incinerated at a minimum temperature of
            1300 degrees  Fahrenheit  for a  period  of  not less than
            three-tenths  of  a second.
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                   (2)    Emission standards  (hot mix asphalt plants).

                         No person shall  cause or allow the emission of particu-
                         late matter from hot mix asphalt plants  in excess  of
                         three-tenths of  a pound per one thousand pounds of
                         discharge gas.   In  addition, the process must  conform
                         to subsection (b) of this regulation.

                   (3)    Emission standards  (foundry sand).

                         No person shall  cause or allow the operation of a  foundry
                         sand process unless such process conforms to subsection
                         (b) of this regulation and is equipped with fugitive dust
                         control  facilities  with collection efficiency  of at least
                         90 percent.

                   (4)    Emission standards  (concrete batching).

                         No person shall  cause or allow the operation of a  con-
                         crete batching process unless such process conforms to
                         subsection (b) of this regulation and is equipped  with
                         fugitive dust control  facilities with a  collection effi-
                         ciency of 90 percent or 0.02 pounds per  cubic  yard of
                         concrete, whichever results in less emission.


(50.2)    Section 19-508-19

             Control  of Sulfur Compound Emissions

             (a)   Fuel Combustion.

                   (1)    Definitions.

                         As used in subsections (a) through (f) inclusive:

                         (i)    "Fuel" means a substance containing combustibles
                                used for  producing heat, light, power or energy;

                         (ii)   "Combustible" means the heat-producing  constituents
                                of a fuel;

                         (iii)  "Combustion" means the rapid chemical combination
                                of oxygen with the combustible element  of a fuel
                                resulting in the production of heat;

                         (iv)   "Sulfur dioxide (SOe)" means a colorless gas at
                                standard  conditions which has the molecular for-
                                mula S02;
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      (v)     "Sulfur  oxides  (SOX)" means any compound made
             up  only  of  sulfur  and oxygen.  For  the  purpose
             of  this  regulation,  concentrations  of sulfur
             oxides  (S0y)  will  be calculated as  sulfur dioxide
             (S02);

      (vi)    "Stack"  or  "Chimney" means a  flue,  conduit or
             opening  permitting particulate or gaseous emission
             into  the open air, or constructed or arranged for
             such  purpose;

      (vii)   "Fuel merchant"  means any person who offers for
             sale  or  sells,  transfers, or  provides in retail
             or  wholesale  trade,  fuel, including  agents, bro-
             kers, wholesalers, distributors, or producers
             who sell commercial  or  noncommercial fuel;

      (viii)  "Fuel user" means  any person  who stores or uti-
             lizes commercial or noncommercial fuel  for the
             purpose  of  creating by  combustion heat, light,
             power, or energy.

(2)    (i)     No  fuel  merchant,  except as provided in subsections
             (a) (3)  and (a)  (4), shall store, offer for sale,
             sell, make  available, deliver for use or exchange
             in  trade for  use in Connecticut, and no person
             shall use or  burn, fuel  which contains  sulfur in
             excess  of one percent  (1.0 percent) by  weight
             (Dry  Basis).  After September 1, 1972,  no fuel
             merchant shall  store, offer for sale, sell, make
             available,  deliver for  use or exchange  in trade
             for use  in  Connecticut  fuel which contains sulfur
             in  excess of  one-half of one  percent (0.5 percent)
             by  weight (Dry  Basis),  and after April  1, 1973,
             no  person shall  use or  burn fuel which  contains
             sulfur  in excess of one-half  of one percent
             (0.5  percent) by weight (Dry  Basis).

      (ii)    Under conditions of fuel shortage emergency, as
             determined  by the  Commissioner, higher  percentages
             of  sulfur may be permitted by express approval of
             the Commissioner for temporary periods.

(3)    Notwithstanding the  provisions of subsection  (a)  (2),
      the  Commissioner may approve:

      (i)     combustion  of a  mixture of fuels, or

      (ii)    combustion  of a  single  fuel,  which  contain(s) a
             higher  sulfur content than that specified by
             subsection  (a)  (2), if  the combustion of  such
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             fuel  is combined with a stack-gas  cleaning  process
             or its equivalent as approved in writing  by the
             Commissioner.   No such stack-gas cleaning process,
             or its equivalent, shall  be approved  unless the
             total  sulfur compound emissions  (expressed  as
             sulfur dioxide)  from the  stack,  chimney,  flue,
             and other vents  to the ambient air do not exceed
             0.55  pounds per  million BTU gross  heat input,
             provided that any effluent from  the approved
             stack-gas cleaning process or its  equivalent
             which  is discharged into  State waters meets with
             the prior approval of the Commissioner.   The Com-
             missioner may require such information or date
             as is  necessary  to establish that  total emissions
             will  not exceed  the above limitations.

(4)    In other than conditions of fuel shortage emergency des-
      cribed under  subsection (a) (2)  (ii) above,  fuel mer-
      chants seeking to store, offer for sale,  sell, deliver
      for use or exchange in  trade, for use in  Connecticut,
      and fuel users seeking  to create by combustion heat,
      light, power, or energy from fuels containing sulfur in
      excess of the maximums  set by subsection  (a) (2) under
      the conditions specified in subsection  (a) (3) shall
      obtain the prior approval of the Commissioner.

(5)    The provisions of subsection (a) (1) through (a) (7)
      inclusive, shall not apply to fuels used  by  ocean  going
      vessels.

(6)    The Commissioner may require submission of fuel  analyses
      or results of stack sampling, or both,  to ensure com-
      pliance with  the provisions of subsection (a) (1)
      through (a)  (7) inclusive, and no person  shall fail to
      submit such  data when requested  to do so  by  the  Com-
      missioner.

(7)    Persons selling fuels in Connecticut shall maintain
      records of sales of all fuel containing sulfur and shall
      make these records available for inspection  by the Com-
      missioner or  his representative  during  normal business
      hours.

(8)    No person shall cause or permit  the flaring  or combus-
      tion of any  refinery process gas stream or any other
      process gas  stream that contains sulfur compounds  mea-
      sured as hydrogen sulfide in concentrations  greater than
      10 grains per 100 standard cubic feet (23 gm/100 son)  of
      gas.
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             (b)    Sulfuric  Acid  Plants.

                   No  person shall  cause  or  permit  sulfur oxides, calculated as
                   sulfur  dioxide,  emissions which  exceed 6.5  pounds per ton
                   (3.25 kg/metric  ton) of 100  percent acid  produced.

             (c)    Sulfur  Recovery  Plants.

                   No  person shall  cause  or  permit  the emission of  sulfur oxides,
                   calculated as  sulfur dioxide,  from a  sulfur recovery plant to
                   exceed  0.01  pounds  (kg.)  per pound (kg.)  of sulfur  processed.

             (d)  .  Nonferrous Smelters.

                   No  person shall  cause  or  permit  the emission of  sulfur oxides,
                   calculated as  sulfur dioxide,  from primary  nonferrous smelters
                   to  exceed that set  forth  according to the following equations:

                             Copper smelters     Y  = 0.2 X

                             Zinc smelters:       Y  = 0.564  X °'85

                             Lead smelters:       Y  = 0.98 X  °-77

                        Where X is  the total sulfur fed  to  the smelter in
                        Ib/hr.  and  Y is the  allowable sulfur dioxide
                        emissions in Ib/hr.

             (e)    Sulfite Pulp Mills.

                   No  persons shall cause or permit the  total  sulfite  pulp  mill
                   emissions of sulfur oxides  from  blow  pits,  washer vents,  stor-
                   age  tanks,  digester relief, recovery system, etc., to exceed
                   9.0 pounds per air-dried  ton (4.5 kg./metric ton) of pulp
                   produced.

             (.f)    Other Process  Sources.

                   Notwithstanding  the provisions of Section 19-508-18 (e),  pro-
                   cess sources not covered  in  subsection  (b)  through  (e) inclu-
                   sive shall not emit sulfur  oxides in  the effluent in concen-
                   trations  which exceed  500 parts  per million.


(50.7)    Section  19-508-20

             Control of Organic Compound  Emissions

             (a)    Storage of Volatile Organic  Compounds.

                   (1)  No  person  shall  place, store, or  hold in any  stationary
                                             -61-

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      tank,  reservoir or other container  of  more  than  40,000
      gallons  (150,000 liters) capacity any  volatile organic
      compounds unless such tank,  reservoir,  or other  container
      is a pressure  tank capable of maintaining working  pres-
      sures  sufficient at all  times to prevent vapor or  gas
      loss to  the atmosphere or is designed,  and  equipped  with
      one of the following vapor loss control devices:

      (i)    A floating roof,  consisting  of  a pontoon  type,
             double  deck type  roof or internal floating  cover,
             which will rest on the surface  of the  liquid  con-
             tents and be equipped with a closure seal or  seals
             to close the space between the  roof  edge  and  tank
             wall.  This control equipment shall  not be  per-
             mitted  if the volatile organic  compounds  have a
             vapor pressure of 11.0 pounds per square  inch
             absolute (568 mm  Hg.) or greater under actual
             storage conditions.   All tank gauging  or  sampling
             devices shall  be  gas-tight except when tank gaug-
             ing or  sampling is taking place.

      (ii)   A vapor recovery  system, consisting  of a  vapor
             gathering system  capable of  collecting the
             volatile organic  compounds vapors and  gases dis-
             charged, and a vapor  disposal system capable  of
             processing such volatile organic vapors and gases
             so as to prevent  their emission  to the atmosphere
             and with all tank gauging and sampling devices
             gas-tight except  when gauging or sampling is  taking
             place.

      (iii)   Other equipment or means of  equal efficiency  for
             purposes of air pollution control as may  be ap-
             proved  by the Commissioner.

(2)    Subsection (a) (1) shall not apply  to  existing gasoline
      retail  facilities, construction of  which has  been  com-
      menced prior to June 1,  1972.

(3)    No person shall place, store, or hold  in any  stationary
      storage vessel more than 250-gallon (950 liter)  capacity
      any volatile organic compound unless such vessel is  equip-
      ped with a conservation  vent valve  and with a permanent
      submerged fill pipe or with  equipment  of equivalent  effi-
      ciency or is a pressure  tank as described in  subsection
      (a) (1)  or is  fitted with a  vapor recovery  system  as
      described in subsection  (a)  (1)  (ii).   For  the purpose
      of this regulation, a "conservation vent valve"  is a
      weight loaded  valve designed and used  to reduce  evapo-
      ration losses  of volatile organic compounds by limiting
      the amount of  air admitted to, or vapors released  from,
                          -62-

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            the vapor space  of a  closed  storage  vessel.   Vessels
            equipped with a  floating roof as  described  in subsection
            (a) (1)  (i)  above  do  not require  a conservation  vent
            valve.

      (4)    The provisions of  subsection (a)  (3)  shall  not apply  to
            the loading  of volatile organic compounds  into any
            storage  vessel having a capacity  of  less than 1,000
            gallons  which was  installed  prior to the date of adoption
            of this  rule where the fill  line  between the  fill con-
            nection  and  the  storage vessel  is offset.

(b)    Volatile Organic Compounds  Loading Facilities.

      (1)    No person shall  load  or permit the loading  of any vola-
            tile organic compounds into  any tank truck, tank trailer,
            or railroad  tank car  having  a capacity in  excess of  200
            gallons  (760 liters)  from any loading facility unless
            such loading facility is equipped with a vapor collection
            and disposal system or its equivalent, properly  installed,
            in good  working  order, and in operation

      (2)    No person shall  load  or permit the loading  of any vola-
            tile organic compounds into  any tank truck, tank trailer,
            or railroad  tank car  having  a capacity in  excess of  200
            gallons  (760 liters)  unless  such  loading facility is
            equipped with a  loading arm  with  a vapor collection
            adaptor, pneumatic, hydraulic or  other mechanical means
            to force a vapor-tight seal  between  the adaptor  and  the
            hatch.   A means  shall be provided to prevent  liquid  or-
            ganic compounds  drainage from the loading  device when
            it is removed from the hatch of any  tank,  truck  or  trail-
            er or to accomplish complete drainage before  such re-
            moval.   When loading  is effected  through means other
            than hatches, all  loading and vapor  lines  shall  be  equip-
            ped with fittings  which make vapor-tight connections  and
            which close  automatically when disconnected.

      (3)    Subsections  (b)  (1) and (b)  (2)  shall apply only to  the
            loading  of volatile organic  compounds at a  facility  from
            which at least 10,000 gallons of  such organic compounds
            are loaded in any  one day.  "Loading facility" for  the
            purpose  of this  section shall mean any aggregation  or
            combination  of organic liquid loading equipment  which is
            both (i) possessed by one person  and (ii)  located so
            that all the organic  liquid  loading  outlets for  such
            aggregation  or combination of loading equipment  can  be
            encompassed  within any circle of  three hundred (300)
            feet in  diameter.
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(c)    Volatile Organic Compound Water Separation.

      (1)    No person shall  use any compartment  of any  single  or
            multiple compartment volatile organic  compound waste
            water separator  which received effluent water contain-
            ing 200 gallons  (760 liters)  a day or  more  of any
            volatile organic compound from any equipment processing,
            refining, treating, storing,  or handling volatile  organic
            compounds consisting of kerosene or  more volatile  organic
            materials unless such compartment is equipped with one
            of the following vapor loss control  devices, properly
            installed, in  good working order, and  in operation:

            (i)    A container having all openings sealed and
                   totally enclosing the  liquid  contents.  All
                   gauging and sampling devices  shall be gas-tight
                   except  when gauging or sampling is taking place.

            (ii)   A container equipped with a floating roof,  con-
                   sisting of a pontoon type, double deck type roof,
                   or internal floating cover, which will rest on
                   the surface of the contents and be equipped with
                   a closure seal or seals to close the space  between
                   the roof  edge and container wall.  All gauging
                   and sampling devices shall be gas-tight except
                   when gauging or sampling is taking place.

            (iii)  A container equipped with a vapor recovery  system
                   consisting of a vapor  gathering system capable of
                   processing such organic vapors  and gases  so as to
                   prevent their emission to the atmosphere  and with
                   all container gauging  and sampling devices  gas-
                   tight except when gauging or  sampling is  taking
                   place.

            (iv)   A container having other equipment of equal effi-
                   ciency  for purposes of air pollution control as
                   may be  approved by the Commissioner  or equipment
                   which meets the requirements  of subsection  (f)  (1)
                   through (4).

(d)    Pumps and Compressors.

      All  pumps and compressors handling  volatile  organic compounds
      shall have mechanical  seals or other equipment of equal  effi-
      ciency for purposes  of air pollution control as may be approved
      by the Commissioner; except that in cases  where mechanical
      seals are impractical  because of the abrasive or  corrosive
      nature of the liquid handled, best  available technology  for  the
      reduction of organic compound emissions shall be  deemed  equiv-
      alent  to the use of mechanical seals.
                                -64-

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(e)    Waste Gas  Disposal.

      (1)    No person shall  cause  or permit  any  emission  from  any
            ethylene producing  plant or other ethylene  emission
            source unless  the waste gas stream is  properly  burned
            at 1300°F (704°C) for  0.3 second or  greater in  a direct
            flame afterburner or an equally  effective device as
            approved by the  Commissioner.  This  provision shall  not
            apply to emergency  reliefs and vapor blowdown systems.

      (2)    No person shall  cause  or permit  the  emission  of organic
            gases from a vapor  blowdown system or  emergency relief
            unless these gases  are burned by smokeless  flares  or an
            equally effective control device as  approved  by the  Com-
            missioner.  Exemption  to this section  will  be considered
            when the frequency  of  venting and the  quantity of  poten-
            tial release are low,  and all occurrences are reported to
            the Commissioner.  In  the case of emergency reliefs,
            exemption will also be considered if the Commissioner
            determines that addition of control  equipment would
            constitute an  explosion hazard or other safety hazard.

(f)    Organic Solvents.

      (1)    No person shall  cause  or permit  the  discharge into the
            atmosphere of more  than 15 pounds of organic  materials
            in any one day,  nor of more than 3 pounds  in  any  one
            hour, from any article, machine, equipment  or other
            contrivance, in which  any organic solvent  or  any  mate-
            rial containing  organic solvent  comes  into  contact with
            flame or is baked,  heat-cured or heat-polymerized, in
            the presence of oxygen unless said discharge  has  been
            reduced by at least 85 percent.   Those portions of any
            series of articles, machines, equipment or  other  con-
            trivances designed  for processing a  continuous web,
            strip or wire  which emit organic materials  and using
            operations described in this section shall  be collec-
            tively subject to compliance with this subsection.

      (2)    No person shall  cause  or permit  the discharge into the
            atmosphere of more  than 40 pounds of organic  materials
            in any one day,  nor of more than 8 pounds  in  any  one
            hour, from any article, machine, other than described
            in subsection  (f) (1), for employing or applying,  any
            photochemically reactive solvent, as defined  in sub-
            section  (i) (1)  and (i)  (2) or  material containing
            such photochemically reactive solvent, unless said
            discharge has  been  reduced by at least 85  percent.
            Emissions of organic materials  into the atmosphere
            resulting from air or heated drying of products for
            the first 12 hours  after their  removal from any arti-
                                -65-

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      cle,  machine,  equipment or other contrivance  described
      in this  section  shall  be included in  determining  com-
      pliance  with this  section.   Emissions resulting from
      baking,  heat-curing,  or heat-polymerizing  as  described
      in subsection  (f)  (1)  shall  be  excluded  from  determina-
      tion  of  compliance with this section. Those  portions
      of any series  of articles,  machines,  equipment or other
      contrivances designed  for processing  a continuous web,
      strip or wire  which emit organic materials and using
      operations  described  in this section  shall  be collec-
      tively subject to  compliance with this section.

(3)    On or after January 1,  1975 the discharge  of  photo-
      chemical ly  reactive solvents described in  subsection
      (f) (2)  shall  be limited to 15  pounds in any  day  or
      3 pounds in any  hour,  unless such discharge has been
      reduced  by  85  percent.

(4)    On or after June 1, 1973 no person shall cause or permit
      the discharge  into the atmosphere of  more  than 800 pounds
      of organic  materials  in any one day,  nor more than 160
      pounds in any  one  hour, from any article,  machine,' equip-
      ment  or  other  contrivance in which any non-photochemical -
      ly reactive organic solvent or  any material containing
      such  solvent is  employed or applied,  unless said  dis-
      charge has  been  reduced by at least 85 percent.   Emis-
      sions 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
      subsection.  Emissions resulting from baking, heat-
      curing or heat-polymerizing as  described in subsection
      (f) (1)  shall  be excluded from  determination  of com-
      pliance  with this  section..  Those portions of any series
      of articles, machines, equipment or other  contrivances
      designed for processing a continuous  web,  strip or wire
      which emit  organic materials and using operations des-
      cribed in this section shall be collectively  subject  to
      compliance  with  this  subsection.

(5)    Emissions of organic materials  to the atmosphere  from
      the clean-up with  photochemically reactive solvent, as
      defined  in  subsection (f) (10)  (iii)  (1) of any article,
      machine, equipment or other contrivance  described in
      subsections (f)  (1) through (f) (4) shall  be  included
      with  the other emissions of organic materials from  that
      article, equipment or other contrivance  for determining
      compliance  with  this regulation.
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(6)    Emissions  of organic  materials  required  to be controlled
      by subsections  (f)  (1)  through  (f)  (4),  shall be reduced
      by:

      (i)     Incineration,  provided that  90  percent or more of
             the carbon  in  the  organic material being incinera-
             ted is oxidized  to carbon dioxide.  However,  in-
             cineration  is  not  acceptable for  halogenated  hydro-
             carbons;  or

      (ii)    Adsorption,  or

      (iii)   Processing  in  a  manner determined by  the Commis-
             sioner to be not less effective than  (i) or  (ii)
             above.

      (iv)    Substitution of  organic  solvents  which have  been
             shown to  be virtually unreactive  or of low re-
             activity  in  the  formation of oxidants.  For  the
             purposes  of these  regulations,  photochemically
             unreactive  solvents include  saturated halogenated
             hydrocarbons,  perchlorethylene, benzene, acetone,
             Cj  - 05  n-paraffins, cyclohexanone, ethyl acetate,
             isopropyl alcohol, methyl benzoate, 2-nitropropane,
             phenyl acetate,  triethyl amine,  and other compounds
             determined  by  the  Commissioner.  The  Commissioner
             may, upon submission of  evidence  satisfactory to
             him, add  or subtract compounds  from this list.
             Notwithstanding  the above, substitution as des-
             cribed in subsection (f)  (b) (iv) shall not  be
             acceptable  for compliance with  subsection (f) (1)
             and (f)  (4).

(7)    A person incinerating,  adsorbing, or otherwise proces-
      sing organic materials  pursuant to  subsection (f)  (6)
      shall  provide,  properly install  and maintain in cali-
      bration, in good working  order,  and in operation, devices
      as specified by the Commissioner for indicating tempera-
      tures, pressures,  rates of flow, or other operating con-
      ditions necessary  to  determine  the  degree and effective-
      ness of air pollution control.

(8)    Any person using organic  solvents or any materials  con-
      taining organic  solvents  shall  supply the Commissioner,
      upon request and in the manner  and  form  prescribed  by him,
      written evidence of the chemical composition, physical
      properties, and  amount  consumed for each organic solvent
      used.
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(9)    The provisions  of subsection  (f)  of this  regulation
      shall  not apply to:

      (i)    The use  of equipment for which  other  require-
             ments  are specified by subsections (a)  through
             (e) inclusive,  or which are  exempt from air
             pollution control requirements  under  those
             subsections.

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

      (iii)   Industrial surface coating operations when the
             coating's solvent make-up  contains less than
             20 percent of photochemically reactive  solvent,
             as defined in subsection (f)  and (f)  (10) (iii)
             (1).

      (iv)   The use  of any  material, in  any article, machine,
             equipment or  other contrivance  described in sub-
             sections (f)  (1), (f)  (2), (f)  (3), (f) (4) or
             (f) (5), if:

             a.  the  volatile content of  such material consists
                 only of water and  organic solvents, and

             b.  the  organic solvents comprise  not more than
                 20 percent  of said volatile content, and

             c.  the  volatile content is  not photochemically
                 reactive  as defined in subsection (f) (10)
                 (iii) (1).

(10)   For the purposes of  this regulation, organic materials
      are defined as  chemical compounds of carbon  excluding
      carbon monoxide, carbon dioxide,  carbonic acid, metallic
      carbides, metallic carbonates, and  ammonium  carbonate.

      (i)    For the  purposes of this regulation,  organic  sol-
             vents  include diluents and thinners and are defined
             as organic materials which are  liquids  at standard
             conditions and  which are used as dissolvers,  vis-
             cosity reducers or cleaning  agents, except that
             such materials  which exhibit a  boiling  point  higher
             than 220°F at 0.5 millimeter mercury  absolute
             pressure or having an  equivalent vapor  pressure
             shall  not be  considered to be solvents  unless
             exposed  to temperatures exceeding  220°F.
                          -68-

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            (ii)    For  the purpose of subsections (f) (1) and (f) (4),
                   85 percent reduction of organic materials emissions
                   shall mean 85  percent reduction of total organic
                   materials present when operations are conducted
                   according to good industrial practice.

            (iii)   For  the purpose of subsections (f) (2) and (f) (3),
                   85 percent reduction of emissions shall mean 85
                   percent reduction of photochemically reactive sol-
                   vent emissions present when operations are conduct-
                   ed according to good industrial practice, utiliz-
                   ing  the maximum proportion of photochemically
                   reactive solvent appropriate to such good practice.
                   Substitution of a photochemically unreactive sol-
                   vent shall be  considered  100 percent reduction of
                   the  photochemically reactive emissions involved.

                   (1)  For the purposes of  these regulations, a
                       photochemically reactive solvent is any or-
                       ganic solvent other  than those defined as
                       photochemically unreactive in either:

                       a.  subsection (f)  (6) (iv);  or

                       b.  subsection (i) while subsection (i) is
                           in force.

(g)    Architectural Coatings.

      (1)    On or after January 1, 1974, no  person shall sell or offer
            for sale to the final user in containers greater than
            1-quart (0.95  liter)  capacity unless the solvent composi-
            tion is photochemically unreactive, as defined in sub-
            section (f) (6) (iv).

      (2)    On or after January 1, 1975, no  person shall employ, apply,
            evaporate,  or  dry any architectural coating purchased in
            containers  of  greater than 1-quart (0.95 liter) capacity
            unless the  solvent composition  is  photochemically unreac-
            tive, as defined  in subsection  (f) (6) (iv).

      (3)    On or after January 1, 1975, no  person shall thin or
            dilute for  application any architectural coating with a
            photochemically reactive  solvent,  as defined in subsec-
            tion (f) (10)  (iii)  (1),  purchased in containers of
            greater than  1-quart  (0.95 liter)  capacity.

(h)    Exemptions.

      If the Commissioner  determines  that  photochemically  unreactive
      solvents are not  available  for  a particular application or
                                -69-

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      class of applications,  he may issue  an  exemption,  provided
      that this shall  not prevent the  attainment  or  maintenance of
      the National  Ambient Air Quality Standard for  photochemical
      oxidants.

(i)   Classification of Solvents.

      (1)   The following solvents shall be deemed satisfactory for
            control  of hydrocarbon emissions  by substitution as
            defined in subsection (f)  (6)  (iv) and shall be deemed
            to be included in the list of  unreactive solvents  in
            subsection (f) (6) (iv): any solvent  with an aggregate
            of less  than 20 percent of its total  volume composed of
            the chemical compounds classified below  or which does
            not exceed any of the following individual percentage
            composition limitations, referred to  the total volume
            of solvent:

                a.   A combination of hydrocarbons, alcohols,
                    aldehydes, esters, ethers or  ketones having
                    an olefinic or cyclo-olefinic type of
                    unsaturation:  5 percent;

                b.   A combination of aromatic compounds with
                    eight or  more carbon atoms to the molecule
                    except ethyl benzene, phenyl acetate or
                    methyl benzoate: 8 percent;

                c.   A combination of ethylbenzene, ketones having
                    branched  hydrocarbon structures, trichloro-
                    ethylene  or toluene: 20 percent.

            (i)    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.

      (2)   On or after January 1, 1975, subsection  (i)  shall  expire.

(j)   Disposal and Evaporation of Solvents.

      A person shall not, during any one day, dispose of more  than
      one and one-half gallons (5.7 liters) of any organic solvent
      or of any material containing more than one and one-half
      gallons (5.7 liters) of any such organic solvent by any  means
      which will permit the evaporation of such solvent  into the
      atmosphere..
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(50.5)    Section 19-508-21

             Control  of Carbon  Monoxide  Emissions

             (a)   No person  shall  cause or permit  the  emission of carbon monoxide
                   waste gas  generated during  the operation of a grey iron cupola,
                   blast furnace  or basic oxygen steel  furnace unless the waste
                   gas is incinerated  in a direct flame afterburner, boiler, or
                   equivalent device at  a temperature of 1300°F for a period of
                   not less  than  three-tenths  of a  second.

             (b)   No person  shall  cause or permit  the  emission of carbon monoxide
                   waste gas  from any  catalyst regeneration of a petroleum crack-
                   ing system,  petroleum fluid coker, or other petroleum process
                   into the  atmosphere unless  the waste gas is incinerated in a
                   direct flame afterburner, boiler, or equivalent device at a
                   temperature  of 1300°F for a period of not  less than  three-
                   tenths of a  second.


(50.3)    Section 19-508-22

             Control  of Nitrogen  Oxides  Emissions

             (a)   Fuel Burning Equipment.

                   (1)   No  person  shall cause or permit the  emission of nitrogen
                         oxides,  calculated as nitrogen dioxide, from gas-fired
                         fuel burning  equipment in  excess of  0.2 pounds per
                         million  BTUs  (0.36 gm/106  gm-cal) of heat input.

                   (2)   No  person shall cause or permit the  emission of nitrogen
                         oxides,  calculated as nitrogen dioxide, from oil-fired
                         fuel burning  equipment in  excess of  0.30 pounds per
                         million  BTUs  (0.54 gm/106  gm-cal) of heat input.

                   (3)   No  person  shall cause or permit emissions of nitrogen
                         oxides from a coal-fired boiler in excess of 0.7 pounds
                         per million BTUs of heat input per hour for new sources
                         and 0.9  pounds  per million BTUs for  existing sources.

                   (4)   Subsections (a) (1) through (a) (3)  inclusive  shall apply
                         to  all equipment with a maximum capacity rating above
                         250 million BTUs per  hour.  For equipment rated between
                         5 and  250 million BTUs/hr.,  these regulations  shall apply
                         unless the Commissioner is satisfied that it is not tech-
                         nically  or economically feasible for a unit of the  size
                         considered.  Subsections  (a)  (1) through (a) (4) inclu-
                         sive shall not  apply  to stationary gas turbines, station-
                         ary internal  combustion engines and  mobile sources.
                                             -71-

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                   (5)    No person  shall  cause or permit emissions  of nitrogen
                         oxides from a  stationary gas  turbine  in  excess of
                         0.9 pounds per million BTUs of  heat input.

             (b)    Nitric Acid Manufacture.

                   No person shall  cause  or  permit the emission of  nitrogen
                   oxides, calculated as  nitrogen dioxide,  from nitric acid
                   manufacturing plants in excess of 5.5 pounds per ton
                   (2.8 kg./metric) of  100 percent acid  produced.

             (c)    Other Sources.

                   No non-fuel burning  source  shall emit nitrogen oxides  in
                   excess of 700 parts  per million by  volume.
(50.6)    Section 19-508-23

             Control  of Odors
             (a)    No person  firm or corporation  shall  emit  or  cause  to  be emitted
                   into the outdoor air any substance which  creates an objectionable
                   odor beyond his property line.   An odor will  be deemed objection-
                   able when:                ,,

                   (1)    Three staff members' of the Department  of Environmental
                         Protection agree,  following personal observation, that
                         the  odor is objectionable taking into  account its nature,
                         concentration, location  and duration;  or

                   (2)    Samples  from the source  are taken and  found  to  rate over
                         120  odor units per cubic foot  as determined  by  Mills'
                         adaptation of ASTM D-1391-57.   ("Quantitative Odor Mea-
                         surement," a paper by John L.  Mills, 56th Annual Meeting
                         of the Air Pollution  Control Association in  Detroit,
                         Michigan, June 9-13,  1963), or

                   (3)    If the odor is caused in whole or in part by a  substance
                         listed in Table 8-1,  and when  the concentration in Table
                         8-1  is exceeded for any  period of time as demonstrated by
                         analysis made in accordance with methods approved by
                         qualified professional chemists.

             (b)    Nothing in  this regulation shall permit  emission  of  any air
                   pollutant  in violation of any  other  regulation.
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                TABLE 8-1  ODOR THRESHOLD LIMITS
Chemical
Acetaldehyde
Acetic Acid
Acetone
Acrolein
Acrylonitrile
Ally! chloride
Amine, dimethyl
Amine, monomethyl
Amine, trimethyl
Ammonia
Aniline
Benzene
Benzyl chloride
Benzyl sulfide
Bromine
Butyric acid
Carbon disulfide
Carbon tetrachloride  (chlorination of C$2)
Carbon tetrachloride  (chlorination of CH4)
Chloral
Chlorine
Dimethylacetamide
Dimethylformamide
Odor Threshold
(ppm by volume)
     0.21
     1.0
   100.0
     0.21*
    21.4*
     0.47
     0.047
     0.021
     0.00021
    46.8*
     1.0
     4.68
     0.047
     0.0021
     0.047
     0.001
     0.21
    21.4*
   100.0*
     0.047
     0.314
    46.8*
   100.0*
                                -73-

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Chemical
Dimethyl sulfide
Diphenyl ether
Diphenyl sulfide
Ethanol (synthetic)
Ethyl acrylate
Ethyl mercaptan
Formaldehyde
Hydrochloric acid gas
Hydrogen sulfide (from Na2S)
Hydrogen sulfide gas
Methanol
Methyl chloride
Methylene chloride
Methyl ethyl ketone
Methyl isobutyl ketone
Methyl mercaptan
Methyl methacrylate
Monochlorobenzone
Monomethylamine
Nitrobenzene
Paracresol
Paraxylene
Perchloroethylene
Phenol
Phosgene
Odor Threshold
(ppm by volume)
     0.001
     0.1
     0.0047
    10.0
     0.00047
     0.001
     1.0
    10.0*
     0.0047
     0.00047
   100.0
 (above 10 ppm)
   214.0*
    10.0
     0.47
     0.0021
     0.21
     0.21
     0.021
     0.0047
     0.001
     0.47
     4.68
     0.047
     1.0*
                                -74-

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                                                                Odor  Threshold
             Chemical                                            (ppm  by  volume)

             Phosphine                                               0.021

             Pyridine                                                 0.021

             Styrene (inhibited)                                      0.1

             Styrene (uninhibited)                                    0.047

             Sulfur dichloride                                       0.001

             Sulfur dioxide                                          0.47

             Toluene (from coke)                                      4.68

             Toluene (from petroleum)                                 2.14

             Toluene diisocyanate                                    2.14*

             Tri chloroethylene                                      21.4
             *Exceeds the Threshold Limit Value adopted by the American Conference
              of Industrial  Hygienists for 1971.   "Threshold Limit Values refer to
              airborne concentrations of substances and represent conditions under
              which it is believed that nearly all  workers may be repeatedly ex-
             posed day after day without adverse  effect".
(4.0)     Section 19-508-24

             Connecticut Primary and Secondary Standards

             (a)   Definitions.

                   (1)   "Ambient air" means that portion of the atmosphere,
                         external to buildings, to which the general  public has
                         access.

                   (2)   "Reference method" means a method of sampling and analyz-
                         ing for an air pollutant, as described in subsection (1),
                         below.
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      (3)    "Equivalent method"  means  any method  of sampling  and
            analyzing for an air pollutant which  can be demonstrated
            to the Commissioner's satisfaction  to have  a consistent
            relationship to the  reference method.

(b)    The  concentration of pollutants  in  the outdoor atmosphere shall
      conform with levels specified below as the  applicable air quali-
      ty standards for these substances throughout Connecticut.   These
      standards shall not be construed to permit  any deterioration of
      air  quality in any portion of the state.

(c)    Reference conditions.

      All  measurements of air quality  are corrected to  a reference
      temperature of 20°C  and to a reference pressure  of 760 milli-
      meters of mercury (1,013.2 millibars).

(d)    Connecticut primary ambient air  quality standards for sulfur
      oxides (sulfur dioxide).

      The  Connecticut primary ambient  air quality standards for sul-
      fur  oxides, measured as sulfur dioxide, are:

      (1)    80 micrograms per cubic meter (0.03 p.p.m.) - annual
            arithmetic mean.

      (2)    365 micrograms per cubic meter (0.14  p.p.m.) - maximum
            24-hour concentration not  to  be exceeded more than once
            per year.

(e)    Connecticut secondary ambient air quality standards for sulfur
      oxides (sulfur dioxide).

      The  Connecticut secondary  ambient air quality standards for
      sulfur oxides, measured as sulfur dioxide,  are:

      (1)    60 micrograms per cubic meter (0.02 p.p.m.) - annual
            arithmetic mean.

      (2)    260 micrograms per cubic meter (0.1 p.p.m.) - maximum
            24-hour concentration not  to  be exceeded more than once
            per year.

      (3)    1,300 micrograms per cubic meter (0.5 p.p.m.) - maximum
            3-hour concentration not to be exceeded more than once
            per year.
                                -76-

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(f)    Connecticut primary ambient air  quality  standards  for  particu-
      late matter.

      The Connecticut primary ambient  quality  standards  for  particu-
      late matter are:

      (1)   75 micrograms per cubic  meter -  annual  geometric mean.

      (2)   260 micrograms per cubic meter - maximum 24-hour concen-
            tration not to be exceeded more  than  once per  year.

(g)    Connecticut secondary ambient  air quality standards  for parti-
      culate matter.

      The Connecticut secondary ambient air  quality standards for
      particulate matter are:

      (1)   60 micrograms per cubic  meter -  annual  geometric mean.

      (2)   150 micrograms per cubic meter - maximum 24-hour concen-
            tration not to be exceeded more  than  once per  year.

(h)    Connecticut primary and secondary ambient air quality  standards
      for carbon monoxide.

      The Connecticut primary and secondary  ambient air  quality  stand-
      ards for carbon monoxide are:

      (1)   10 milligrams per cubic  meter (9 p.p.m.) - maximum 8-hour
            concentration not to be  exceeded more than once  per  year.

      (2)   40 milligrams per cubic  meter (35  p.p.m.) -  maximum  1-hour
            concentration not to be  exceeded more than once  per  year.

(i)    Connecticut primary and secondary ambient air quality  standards
      for photochemical oxidants.

      The Connecticut primary and secondary ambient air  quality  stand-
      ard for photochemical oxidants,  measured and corrected for inter-
      ferences due to nitrogen oxides  and sulfur dioxide,  is:

      160 micrograms per cubic meter (0.08 p.p.m.) - maximum 1-hour
      concentration not to be exceeded more  than once per  year.

(j)    Connecticut primary and secondary ambient air quality  standards
      for hydrocarbons.

      The hydrocarbons standard is for use as  a guide in achieving
      oxidant standards.
                                -77-

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                   The Connecticut primary and  secondary  ambient  air  quality
                   standard for hydrocarbons  is:

                   160 micrograms  per cubic meter  (0.24 p.p.m.) - maximum 3-hour
                   concentration (6 a.m.  to 9 a.m.)  not to be exceeded more than
                   once per year.

             (k)    Connecticut primary and secondary ambient air  quality standard
                   for nitrogen dioxide.

                   The Connecticut primary and  secondary  ambient  air  quality
                   standard for nitrogen  dioxide is:

                   100 micrograms  per cubic meter  (0.05 p.p.m.) - annual
                   arithmetic  mean.

             (1)    Reference Methods.

                   The methods to  be used are those  described in  Federal Register
                   Vol.  36, No.  84,  Friday, April  30,  1971, PP 8187 - 8201.


(2.0)    Section  19-508-25

             Effective Date

             (a)    The effective date of  these  regulations  shall  be June 1, 1972.


(10.0)    Section  19-508-100

             Permits  for Construction and Operation  of Indirect Sources

             (a)    Applications  for indirect  source  construction  permits.

                   (1)   Effective October 1, 1974,  no person shall construct,
                         modify, install  or cause  the  construction, modification
                         or installation  of any indirect  source of air pollutants
                         or part thereof  as specified  in  subsections  (a) (2) or
                         (a) (3),  without applying for and  obtaining  an indirect
                         source construction  permit  from  the Commissioner.

                   (2)   A new or  modified indirect  source  shall  be required to
                         obtain an indirect source construction permit if the
                         operation of the indirect source will or may result
                         directly  or indirectly in aggregate total emissions of
                         air pollutants in excess  of fifty (50) tons  annually.
                         Notwithstanding  the  provisions of subsection (a) (5),
                         the Commissioner shall publish by September  1, 1974,
                         guidelines to assist owners or operators of  new or
                         modified  indirect sources in  determining whether a
                                             -78-

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      source is subject to this  section.

(3)    Other indirect sources  subject  to  permit  review.

      (i)     Effective January 1,  1975,  in  addition  to  the
             requirements  of  subsection  (a)  (2),  the Commis-
             sioner may require  an indirect source construction
             permit of any new or  modified  indirect  source
             which will or may result in  a  substantial  reduc-
             tion in the quality of the  air resource.   Any
             increase in the  ambient  pollutant  concentration  in
             excess of fifty  percent  (50%)  of the amount  deter-
             mined by subtracting  from the  applicable ambient
             air quality standard  shall  be  deemed to be a sub-
             stantial reduction  in the quality  of the air
             resource.  At his discretion,  the  Commissioner
             may specify a percentage smaller than fifty  (50%)
             percent to be used  for the  purposes  of  this  sub-
             section in any region or subregion of the  state.

      (ii)   The Commissioner shall give thirty (30) days prior
             notice of his intention  to  apply the provisions  of
             subsection (a) (3)  (i) in a region or subregion
             and shall specify the percentage that shall  apply
             in that region or subregion.  At his discretion,
             the Commissioner may  hold a public hearing in  that
             region or subregion in order to allow interested
             parties to comment.

(4)    Those new or modified indirect  sources which are  not  re-
      quired to obtain an  indirect source construction  permit
      under subsection (a) (1),  (a) (2)  or (a)  (3) shall, upon
      request of the Commissioner, furnish  information  to him
      which may be of a type and form similar to  that required
      of applicants for indirect source  construction permits.

(5)    The Commissioner may publish and from time  to  time  revise
      guidelines for any region or subregion which will assist
      owners or operators  of new or modified indirect sources
      in determining whether they  are required  to obtain  an in-
      direct complex source construction permit under subsec-
      tions (a) (1), (a) (2)  or (a) (3)  or whether they may be
      required to furnish  information to the Commissioner under
      subsection (a) (4).

(6)    Application for an indirect source construction permit
      shall be made by the owner or operator of the  proposed
      indirect source on  forms furnished by the  Commissioner.
      Each application shall  include  siting information;  des-
      criptions of the buildings,  structures, facilities  or
      installations involved; the  nature, source  and quantity
      of uncontrolled and  controlled  emissions, both direct
                          -79-

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            and indirect;  traffic flow information;  the  proximity
            of the indirect source to  existing  and  projected  trans-
            portation services;  and such  other  information  as  the
            Commissioner may require.

      (7)    No new or modified  indirect source  shall  be  exempt from
            the permit requirements of this  subsection because of a
            division of ownership or because of the  pattern or timing
            of development.

      (8)    For the purpose of  determining whether  construction or
            modification of an  indirect source  was  commenced  prior
            to October 1,  1974,  construction or modification  shall
            be deemed to have commenced for  any portion  of  an  indirect
            source when site preparation,  including  clearing  and grad-
            ing is complete and the following four  steps have  also
            been completed:

            (i)    Detailed plans of the  proposed indirect  source are
                   available and have  received  all  necessary  approvals
                   required by  Federal, State or local statutes, or-
                   dinances, regulations  or  procedures;

            (ii)   Environmental impact statements  have  been  prepared
                   and reviewed as required  by  Federal or State sta-
                   tutes,  regulations  or  procedures;

            (iii)  All  necessary building permits for site  preparation
                   and foundation construction  have  been issued in
                   accordance with State  or  local statutes, ordinances,
                   regulations  or procedures;

            (iv)   The installation of structural components  or
                   materials has started  as  part of a continuous pro-
                   gram of construction.

(b)    Standards for Granting Indirect  Source Construction Permits.

      (1)    No indirect source  construction  permit  shall be granted
            until the Commissioner finds, upon  evidence  submitted by
            the applicant  or otherwise made  part of the  application
            record, that

            (i)    The new or modified indirect source for  which a
                   permit  is requested will  be  constructed  and will
                   operate in accordance  with all applicable  statutes
                   or regulations administered  by the Commissioner.

            (ii)   Such new or  modified source  will  operate without
                   preventing or interfering, directly or indirectly,
                   with the attainment or maintenance of any  applica-
                   ble ambient  air quality standard.
                                -80-

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            (iii)   Such  new  or modified  source wiVi contain such
                   instrumentation or  facilities for monitoring,
                   recording, sampling and  testing air quality
                   and related factors as the Commissioner may
                   reasonably require.

            (iv)    Such  new  or modified  source will not  result,
                   either  directly or  indirectly, in deterioration
                   of air  quality in   1975  or later in any region
                   or subregion  of the State.

      (2)    Notwithstanding  the  provisions  of subsection (b)  (1)  (i)
            obtaining an indirect source construction permit  shall
            not be considered compliance with the requirements or
            standards of any statute or  regulation administered by
            the Commissioner other than  the requirements of sub-
            section (a)  (1).

(c)    Action on Applications for Indirect Source Construction Permits.

      (1)    An application will  not be deemed to have been received
            by the Commissioner  until  all information, papers and
            documents required  in support of the application  have
            been submitted in proper form.   The Commissioner  shall
            acknowledge  the  receipt of an application within  ten  (10)
            days.

      (2)    Notwithstanding  the  provisions  of subsection (a)  (3),
            the Commissioner shall not issue a decision  approving
            or denying an application  for an indirect source  permit
            until  the applicant:

            (i)    shall have made available for thirty  (30)  days,
                   in the region in which the proposed construction
                   or modification will  be  located, a copy of the
                   application  and a copy of the Commissioner's
                   preliminary  evaluation of the air quality  data
                   contained in  the application,

            (ii)   shall have published  by  prominent advertisement
                   in the region affected a notice  of the location
                   of the application  and evaluation specified  in
                   subsection  (c)  (2)  (i),  above,  and

            (iii)   shall have posted  in  a manner prescribed by  the
                   Commissioner  at  the site of  the  proposed indirect
                   source, a notice  that a  permit  has been applied
                   for,  and

            (iv)   shall have submitted  to  the  Commissioner an
                   affidavit certifying  that the conditions of  sub-
                   sections  (c)  (2)  (i)  to  (c)  (2)  (iii) have been met.
                                -81-

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      (3)    Except where a public hearing  is  held under  subsection
            (j)  (4),  the Commissioner shall  inform an  applicant for
            an indirect source construction  permit of  the  decision
            of the Commissioner approving  or  denying the application
            within sixty (60)  days of the  receipt of the application.
            The  Commissioner may, on  notice  to the applicant,  extend
            the  time  for acting on the application an  additional
            thirty (30) days,  a total  time of ninety (90)  days.   Said
            ninety (90) days shall be exclusive of the time  allowed
            in subsection (c)  (2).

      (4)    When a public hearing is  held  under subsections  (j)  (4)
            on an application  for an  indirect source construction
            permit, the Commissioner  shall inform the  applicant of
            the  decision approving or denying the application  within
            thirty (30) days following receipt of the  record of the
            hearing.

      (5)    The  Commissioner shall briefly set forth in  any  notice of
            approval  or denial of an  application for an  indirect
            source construction permit the basis for the determination.

      (6)    The  Commissioner may impose any  reasonable requirements,
            standards,  or conditions  upon  approval of  any  permit to
            construct or modify.

(d)   Revocation or Modification of Indirect  Source Construction
      Permits.

     ' (1)    The  Commissioner may revoke or modify an indirect  source
            construction permit if:

            (i)     The  construction or modification authorized by
                   the  permit  is not  begun within one  year from the
                   date of issuance or such  other period as  is al-
                   lowed by the permit; or

            (ii)   During construction or  modification,  work is sus-
                   pended for  one year or  more, or for such  other
                   period as is specified  in  the permit.

            (iii)  He determines that any  condition imposed  under
                   subsection  (c) (6) has  not been or  is not being
                   met.

(e)   Indirect Source Operating Permits.

      (1)    No person shall operate or cause the operation of  a new
            or modified indirect source without first  obtaining an
            indirect  source operating permit from the  Commissioner
            in accordance with the requirements of this  section.
                                -82-

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      (2)    No  indirect  source  operating  permit  shall be required
            under  subsection  (e)  (1)  unless  the  source was required
            to  obtain  an indirect source  construction permit  under
            subsection (a).

      (3)    No  separate  application  shall  be required under subsec-
            tion  (e) for those  sources which have  been granted  an
            indirect source construction  permit.

      (4)    Prior  to issuance of  an  indirect source  operating permit,
            the Commissioner  may  require  the owner or operator  of a
            new or modified indirect source  to provide.such addition-
            al  information as he  deems necessary and as has not al-
            ready  been included in the application for a construction
            permit or  submitted during the course  of construction.

      (5)    In  circumstances  where he deems  it appropriate, the Com-
            missioner  may issue a temporary  permit to commence  opera-
            tions  for  a  period  not to exceed sixty (60) days.   For
            good cause shown, the period  may be  extended by the Com-
            missioner  for any additional  period  required.  Prior to
            the expiration of the period  covered by  the temporary
            permit, the  Commissioner shall notify  the owner or  opera-
            tor in writing of his approval or denial of the indirect
            source operating  permit  and  the  reasons  therefor.

      (6)    Indirect source operating permits required by  subsection
            (e) (1), shall be issued or  renewed  for  the expected life
            of  the indirect source,  but  not  to exceed ten  (10)  years,
            unless the Commissioner  shall  determine  that a shorter
            period is  appropriate under  the  circumstances  of  operation
            of  any particular indirect source.

      (7)    Application  for the renewal  of an indirect source operat-
            ing permit shall  be made at  least 120  days prior  to the
            expiration of the existing operating permit.

      (8)    The Commissioner  may  impose  reasonable conditions in any
            indirect source operating permit.

(f)    Standards for granting  indirect source operating permits.

      The  Commissioner shall  grant or renew  an  indirect  source
      operating permit subject  to subsection (e) (1) if he determines
      that:

      (1)    The indirect source has  been granted an  indirect  source
            construction permit in accordance with the provisions  of
            this  section;
                                -83-

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      (2)   The indirect source has been constructed and/or operated
            in accordance with the requirements,  standards  and  con-
            ditions set forth in the construction permit or in  any
            temporary or other previously issued  operating  permit.

(g)    Transfer of Indirect Source Operating Permits.

      The holder of an indirect source operating  permit may not trans-
      fer it without prior written notification to the Commissioner.
      Each new owner or operator or holder of the indirect  source
      permit shall  be responsible for complying with all  applicable
      regulations and with the conditions of the  permit.

(h)    Denial, Revocation or Modification of Indirect Source
      Operating Permits.

      The Commissioner may deny a new indirect source operating
      permit and may revoke, modify or refuse to  renew an existing
      indirect source operating permit for failure to comply with
      any applicable requirements, standards, or  conditions imposed
      by or under the provisions of these regulations.

(i)    Notice of Approval, Denial, Revocation or Modification of
      Indirect Source Construction Permits and Operating Permits.

      (1)   Notice of denial, revocation or modification of any
            indirect source construction permit or of any indirect
            source operating permit shall set forth the reasons for
            the action taken and such denial, revocation or  modifica-
            tion shall take final effect thirty (30) days after the
            date of service of the notice, unless a hearing is  re-
            quested prior to the expiration of the thirty (30)  day
            peri od.

      (2)   Any party aggrieved by the approval,  denial, revocation
            or modification of a construction or  operating  permit
            may obtain an adjudicative hearing thereon by filing
            a written answer and request for a hearing in accordance
            with Section 22a-8-a of the Rules of  Practice of the
            Department within thirty (30) days of the date  of ser-
            vice of the notice.  Filing of the answer and request
            for the hearing shall postpone the effective date of the
            approval, denial, revocation or modification until  the
            conclusion of the hearing and issuance of the final
            decision of the Commissioner.

(j)    Public Information and Hearing Procedures.

      (1)   In all  cases where there is a requirement of legal  notice
            the Commissioner shall cause the applicant for  an indirect
            source permit to publish at his own expense all notices of
            hearings and other notices required by law.
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      (2)    The  Commissioner  shall  inform  the public of:

            (i)     All  indirect  source  permit applications received;

            (ii)    All  pending operating permits  for indirect sources
                   subject  to the  requirements  of subsection (e)  (1);

            (iii)   All  decisions approving, denying, revoking, or
                   modifying  any indirect  source  permit.

      (3)    While  a decision  is  pending on an indirect  source permit
            application or  an operating permit  for sources subject
            to  the provisions of subsection  (e)  (1) any person may
            file a written  comment or may  file  a  written objection
            setting forth the basis of  the objection in detail and
            opposing the approval  of the permit in its  entirety  or
            requesting  that specific conditions be attached to it.
            Objection may be  accompanied by a request for hearing.

      (4)    A  public hearing on any permit application may be held
            by  the Commissioner:

            (i)     Pursuant to a request for a  hearing  according to
                   subsection (j)  (3);

            (ii)    Whenever it is  required by these regulations  or
                   by any applicable state or federal law;

            (iii)   At the discretion of the Commissioner; or

            (iv)    Upon the request of  any municipality.

            Following the close  of the  hearing, the Commissioner
            shall  make  a decision  based on all  available evidence,
            including the record of the hearing and the recommenda-
            tion of the hearing  examiner,  as to whether to approve
            or  deny the indirect source permit.   Notice of such
            decision shall  be published according to subsection  (j)
            (2).
(k)    Signature.
      No indirect source permit issued under this  section  shall  be
      effective until  the applicant or his  duly authorized represen-
      tative shall  have signed the permit,  which signature shall
      constitute an agreement to abide by any terms  and conditions
      therein.
                                -85-

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(1)    Local  and Regional  Participation  in Indirect Source  Review.

      (1)    Upon the request of the governing  body of any  municipal-
            ity or other  political  subdivision,  the Commissioner may
            designate the municipal planning and zoning  agency, the
            regional planning agency,  or any other responsible muni-
            cipal  or regional agency or official  as the  designee of
            the municipality for the purpose of  making comments and
            recommendations on applications for  indirect source con-
            struction permits.

      (2)    The Commissioner may publish and revise, from  time to
            time,  guidelines which  shall assist  the designated
            agencies in assessing the impact of  any proposed  indirect
            source on the development or resource allocation  goals of
            the municipality or region.

      (3)    In  addition to the other evaluations made pursuant to
            this section, the Commissioner may evaluate  the effect of
            the proposed  construction or modification upon any plan
            for the development or  plan for resource allocation pro-
            posed  by the  municipality or region.

      (4)    The Commissioner shall  submit a copy of the  application
            for an indirect source  construction  permit along  with his
            evaluation and analysis, to the designated agency of any
            affected municipality for its review.  Any designated
            agency wishing to make  comments or recommendations with
            regard to a pending application must respond within thirty
            (30) days following its receipt of the application from
            the Commissioner.

      (5)    Upon request  of any municipality which has a designated
            agency under  the provisions of subsection (1)  (1), the
            Commissioner  may assist the municipality in  formulating
            a plan for development  or a plan for air resource alloca-
            tion for the  purpose of allowing the municipality and
            region to maximize the  benefits of its utilization of the
            air resource  within the limits imposed by air  quality con-
            siderations.

      (6)    The Commissioner may establish an  indirect source advisory
            committee composed of municipal and  regional officials  to
            advise the Commissioner on procedures concerning  the  eva-
            luation of indirect source construction permits  and  in-
            direct source permits to operate and to assist the Com-
            missioner in  fostering  increased municipal and regional
            cooperation  in attaining and maintaining applicable am-
            bient air quality standards.
                                -86-

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FEDERALLY PROMULGATED



    REGULATIONS
           -87-

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(2.0)     52.380    Rules  and Regulations

             (a)    All  facilities  owned,  operated or under contract  with  the
                   Connecticut Transportation  Authority  shall  comply in all
                   respects  with  Connecticut Regulations  for  the  Abatement
                   of Air Pollution,  Sections  19-508-1 through 19-508-25
                   inclusive,  as  approved by the  Administrator.

             (b)    For  the purposes of subsection (a)  of this  section,  the
                   word "Administrator" shall  be  substituted  for  the word
                   "Commissioner"  wherever that word appears  in Connecticut
                   Regulations for the Abatement  of Air  Pollution, Sections
                   19-508-1  through 19-508-25  inclusive,  as approved by the
                   Administrator.
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(17.0)  52.382    Prevention  of Significant  Deterioration

           (b)  Definitions.  For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means fabrication, erection or installation of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

            (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence  into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and  In-
                     dian Reservations located in such State.  The provisions of  this
                     paragraph do not apply in those counties  or other functionally
                     equivalent areas that  pervasively exceeded any national ambient
                     air quality standards  during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States  may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this  paragraph.
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(2)   (i)      For purposes of this paragraph, areas  designated as  Class
             I or II shall  be limited to the following increases  in
             pollutant concentration occurring since January 1,  1975:

             	Area Designations	

                  Pollutant                      Class I      Class  II
                                                 (ug/m3)      (ug/m3)
             Particulate matter:
               Annual  geometric mean 	        5            10
               24-hr maximum	       10            30

             Sulfur dioxide:
               Annual  arithmetic mean 	        2            15
               24-hr maximum	        5           100
                3-hr maximum 	       25           700
     (ii)    For purposes of this paragraph, areas designated as Class
             III shall be limited to" "concentrations" of "parti cul ate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (iii)   The air quality impact of sources granted approval  to
             construct or modify prior to January 1, 1975 (pursuant to
             the approved new source review procedures in the plan)
             but not yet operating prior to January 1, 1975,  shall not
             be counted against the air quality increments specified
             in paragraph (c) (2) (i) of this section.

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

     (ii)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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        (c)  A discussion of the reasons for the proposed redes-
            ignation  is available for public inspection at least
            30  days prior  to  the hearing and the notice announc-
            ing the hearing contains appropriate notification of
            the availability  of such discussion, and

        (d)  The proposed redesignation is based on the record of
            the State's hearing, which must reflect the basis
            for the proposed  redesignation, including consider-
            ation  of  (1)   growth anticipated in the area,  (2)
            the social, environmental, and economic effects  of
            such redesignation upon the area being proposed  for
            redesignation  and upon other areas and States, and
            (3)  any  impacts  of such proposed redesignation  upon
            regional  or national interests.

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

(iii)    Except as provided  in  paragraph  (c)  (3)  (iv) of this
        section, a State in which lands owned by the Federal  Gov-
        ernment are located may submit to the Administrator a
        proposal to redesignate such lands Class I, Class  II, or
        Class  III in accordance with subdivision (ii) of  this
        subparagraph provided  that:

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

        (b)  Such redesignation  is  proposed  after consultation
            with the  Federal  Land  Manager.

(iv)    Notwithstanding subdivision  (iii) of this subparagraph,
        the  Federal Land Manager  may  submit  to  the  Administrator
        a proposal to  redesignate any  Federal  lands to  a  more
        restrictive designation  than would otherwise be  applic-
        able provided  that:

        (a)  The Federal  Land  Manager  follows  procedures  equiv-
            alent to  those required of  States  under  paragraph
             (c) (3)  (ii)  and,

        (b)   Such redesignation  is  proposed  after  consultation
            with the  State(s) in which  the  Federal  Land is  lo-
             cated or which border the Federal  Land.

(v)     Nothing in this section  is  intended  to convey  authority
        to the States  over Indian Reservations  where  States  have
        not assumed such authority  under other laws nor is  it
        intended to deny jurisdiction  which  States  have assumed
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        under other laws.   Where  a State  has  not assumed  juris-
        diction  over an  Indian  Reservation  the  appropriate In-
        dian  Governing Body may submit to the Administrator a
        proposal  to redesignate areas  Class I,  Class  II,  or
        Class III,  provided that:

        (a)   The Indian  Governing Body follows  procedures equiv-
             alent  to those required of States  under  paragraph
             (c)  (3) (11)  and,

        (b)   Such redesignation is proposed after consultation
             with the State(s)  in which the Indian Reservation
             is  located  or which  border the Indian Reservation
             and, for those lands held in trust, with the approv-
             al  of  the Secretary  of the Interior.

(vi)     The  Administrator  shall approve,  within 90 days,  any re-
        designation proposed pursuant  to  this subparagraph as
        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 (ii)  and (iii)  of this
             subparagraph  have  not been complied with,  (2)  that
             the State has arbitrarily and capriciously disre-
             garded relevant considerations set forth in  sub-
             paragraph  (3) (ii) (d) of this paragraph,  or (3)
             that the State has not requested and received dele-
             gation of responsibility  for carrying out the new
             source review requirements of paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation  proposed pursuant to subdivision
             (iv) of this  subparagraph shall  be approved  unless
             he determines (1)   that the  requirements of subdivi-
             sion (iv) of this  subparagraph have not been complied
             with,  or (2)   that the Federal Land Manager has arbi-
             trarily and capriciously  disregarded relevant con-
             siderations set forth in  subparagraph (3)  (ii) (d)  of
             this paragraph.

        (c)   Any redesignation  submitted  pursuant to subdivision
             (v) of this subparagraph  shall be  approved unless he
             determines  (1)  that the requirements of subdivision
             (v) of this subparagraph  have not  been complied with,
             or  (2)  that the  Indian Governing  Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations set forth  in  subparagraph (3) (ii) (d) of this
             paragraph.
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                 (d)  Any redesignation proposed pursuant to this para-
                      graph shall be approved only after the Administrator
                      has solicited written comments from affected Federal
                      agencies and Indian Governing Bodies and from the
                      public on the proposal.

                 (e)  Any proposed redesignation protested to the propos-
                      ing State,  Indian Governing Body, or Federal Land
                      Manager and to the Administrator by another State or
                      Indian Governing Body because of the effects upon
                      such protesting State or  Indian Reservation shall be
                      approved by the Administrator only if he determines
                      that in his judgment the  redesignation appropriately
                      balances considerations of growth anticipated in the
                      area proposed to be redesignated;  the social, envi-
                      ronmental and economic effects of such redesignation
                      upon the area being redesignated and upon other areas
                      and States;  and any impacts upon regional or nation-
                      al interests.

                 (f)  The requirements of paragraph (c) (3) (vi)  (a)  (3)
                      that a State request and  receive delegation of the
                      new source  review requirements of this section as a
                      condition to approval of  a proposed redesignation,
                      shall include as a minimum receiving the administra-
                      tive and technical functions of the hew 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
                                 -93-

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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (iii)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal Incinerators capable of charging more than 250
            tons of refuse per  24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate Rock Processing Plants.
    (xiv)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery Plants.
    (xvi)   Carbon Black Plants (furnace  process).
    (xvii)  Primary Lead Smelters.
    (xviii) Fuel Conversion Plants.
    (xix)   Ferroalloy production facilities commencing construction
            after October 5,  1975.
(2)  No owner  or  operator shall  commence  construction  or modification
    of a  source  subject to this paragraph unless  the  Administrator  de-
    termines  that, on the basis of  information  submitted  pursuant to
    subparagraph  (3) of this  paragraph:
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    (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other sources in the areas affected by the proposed source
            shall include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of 1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

    (ii)    The new or modified source will meet an emission limit,
            to be specified by the Administrator as a condition to
            approval, which represents that level of emission reduc-
            tion which would be achieved by the application of best
            available control technology, as defined in 52.01 (f),
            for particulate matter and sulfur dioxide.  If the Admin-
            istrator determines that technological or economic limi-
            tations on the application of measurement methodology to
            a particular class of sources would make the imposition
            of an emission standard infeasible, he may instead pre-
            scribe a design or equipment standard requiring the appli-
            cation of best available control technology.  Such standard
            shall to the degree possible set forth the emission re-
            ductions achievable by implementation of such design or
            equipment, and shall provide for compliance by means which
            achieve equivalent results.

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

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

     (4)  (i)     Where a new or modified source is located on Federal
                 Lands, such source shall be subject to the procedures
                 set forth in paragraphs (d) and  (e) of this section.
                 Such procedures shall be in addition to applicable pro-
                 cedures conducted by the Federal Land Manager for admin-
                 istration and protection of the  affected Federal Lands.
                 Where feasible, the Administrator will coordinate his
                 review and hearings with the Federal Land Manager to
                 avoid duplicate administrative procedures.

         (ii)    New or modified sources which are located on Indian
                 Reservations shall be subject to procedures set forth  in
                 paragraphs (d) and (e) of this section.  Such procedures
                 shall be administered by the Administrator in cooperation
                 with the Secretary of the Interior with respect to lands
                 over which the State has not assumed jurisdiction under
                 other laws.

         (iii)   Whenever any new or modified source is subject to action
                 by a Federal Agency which might  necessitate preparation
                 of an environmental impact statement pursuant to the
                 National Environmental Policy Act (42 U.S.C. 4321), re-
                 view by the Administrator conducted pursuant to this
                 paragraph shall be coordinated with the broad environmen-
                 tal reviews under that Act, to the maximum extent feas-
                 ible and reasonable.

     (5)  Where  an  owner or operator has applied for permission to con-
         struct or modify pursuant to this paragraph and the proposed
         source would be located in an area which has been proposed for
         redesignation to a more stringent class  (or the State, Indian
         Governing Body, or Federal Land Manager  has announced such con-
         sideration), approval shall not be granted until the Administra-
         tor has acted on the proposed redesignation.

(e)   Procedures  for public participation

     (1)   (i)    Within 20 days after receipt of  an application to con-
                 struct, or any addition to such  application, the Admin-
                 istrator shall advise the owner  or operator of any de-
                 ficiency in the information submitted in support of the
                 application.   In  the event of  such a deficiency, the  date
                 of  receipt of  the application  for the purpose of para-
                 graph  (e)  (1)  (ii) of this section shall be the date  on
                 which all required  information  is received by the Admin-
                  istrator.

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

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

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

(iii)   A copy of  the notice required  pursuant to this subpara-
        graph shall  be  sent  to the applicant and to officials and
        agencies having cognizance over the locations where  the
        source will  be  situated as follows:  State and local air
        pollution  control agencies, the chief  executive of the
        city and county; any comprehensive regional land use plan-
        ning agency; and any State,  Federal Land Manager or In-
        dian Governing  Body  whose  lands will be significantly af-
        fected by  the source's emissions.

(iv)    Public comments submitted  in writing within 30 days  after
        the date such  information  is made  available shall be con-
        sidered by the  Administrator  in making his  final decision
        on the application.   No  later than  10  days  after the
        close of the public  comment period, the applicant may sub-
        mit a written  response  to  any  comments submitted by  the
        public. The Administrator shall  consider the  applicant's
        response  in  making  his  final  decision. All comments shall
       .be made available for public  inspection in  at  least  one
        location  in  the region  in  which the source would be  located.

(v)     The Administrator shall  take  final  action on an  applica-
        tion within  30  days  after the  close of the  public  comment
        period.  The Administrator shall  notify  the  applicant in
        writing of his  approval,  conditional  approval,  or  denial
        of the application,  and  shall  set  forth his  reasons  for
        conditional  approval or denial.   Such  notification  shall
        be made available for public  inspection  in  at  least  one
        location  in  the region  in  which  the  source  would  be  lo-
        cated.
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          (vi)     The  Administrator  may  extend  each  of the  time  periods
                  specified  in  paragraph (e)  (1)  (ii),  (iv), or  (v)  of this
                  section  by no more than 30  days  or such other  period as
                  agreed to  by  the applicant  and  the Administrator.

     (2)   Any owner or operator who  constructs, modifies, or operates  a
          stationary source  not in accordance with the application,  as ap-
          proved and conditioned by  the  Administrator,  or any  owner  or op-
          erator of a  stationary source  subject to this paragraph who  com-
          mences construction or modification after  June 1, 1975, without
          applying for and receiving approval hereunder, shall be subject
          to enforcement action under section 113  of the Act.

     (3)   Approval to  construct or modify shall become invalid if construc-
          tion or expansion  is  not commenced  within  18 months  after  receipt
          of such approval or if construction is  discontinued  for a  period
          of 18 months or  more.  The Administrator may extend  such time  pe-
          riod upon a  satisfactory showing that an extension is  justified.

     (4)   Approval to  construct or modify shall not  relieve any  owner  or
          operator of  the  responsibility to comply with the control  strat-
          egy and all  local, State,  and  Federal regulations which are  part
          of the applicable  State Implementation  Plan.

(f)   Delegation of authority

     (1)   The Administrator  shall have the authority to delegate responsi-
          bility for implementing the procedures  for conducting  source re-
          view pursuant to paragraphs (d) and (e), in accordance with  sub-
          paragraphs (2),  (3),  and  (4) of this  paragraph.

     (2)   Where the Administrator delegates the responsibility for imple-
          menting the  procedures for conducting source review  pursuant to
          this section to  any Agency, other than  a regional office of  the
          Environmental Protection Agency, the  following provisions  shall
          apply:

          (i)     Where the  agency designated is  not an air pollution  con-
                  trol agency,  such  agency shall  consult with  the appropri-
                  ate  State  and local air pollution  control agency prior to
                  making any determination required  by paragraph (d) of
                  this section.  Similarly, where the agency designated
                  does not have continuing responsibilities for  managing
                  land use,  such agency  shall consult with  the appropriate
                  State and  local agency which  is primarily responsible  for
                  managing land use  prior to  making  any determination  re-
                  quired by,paragraph (d) of  this section.

          (ii)    A copy of  the notice pursuant to paragraph  (e) (1) (ii)
                  (c)  of this section shall be  sent  to the  Administrator
                  through  the appropriate regional office.
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(3)   In accordance with Executive  Order 11752,  the  Administrator's
     authority for implementing  the procedures  for  conducting  source
     review pursuant to this  section shall  net  be delegated, other  than
     to a regional office of  the Environmental  Protection  Agency, for
     new or modified sources  which are  owned  or operated by the  Federal
     government or for new or modified  sources  located  on  Federal lands;
     except that, with respect to  the latter  category,  where new or
     modified sources are constructed or operated on  Federal lands  pur-
     suant to leasing or other Federal  agreements,  the  Federal land
     Manager may at his discretion, to  the  extent permissible  under ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local agency's procedures
     developed pursuant to paragraphs (d) and (e) of  this  section.

(4)   The Administrator's authority for  implementing the procedures  for
     conducting source review pursuant  to this  section  shall not be re-
     delegated, other than to a  regional office of  the  Environmental
     Protection Agency, for new  or modified sources which  are  located
     on Indian reservations except where the  State  has  assumed juris-
     diction over such land under other laws, in which  case the  Admin-
     istrator may delegate his authority to the States  in  accordance
     with subparagraphs (2),  (3),  and (4) of  this paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan.  16,  1975, as
      amended at 40 FR 24535, June 9, 1975;  40 FR  25005,  June 12,
      2975;  40 FR 42012, Sept.  10, 1975)
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