U.S. DEPARTMENT Of COMMERCE
                                 National Technical Information Sanrica

                                 PB-290 256
Air Pollution  Regulations in  State
Implementation Plans:  Delaware
Abcor Inc, Wilmington, MA  Waiden Div
      *«-
      TOT

Environmental Protection Agency, Research Triangle Park, NC



Aug 78

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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290256
EPA-450/3-78-057
August 1978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Delaware
       REPRODUCED BY

      NATIONAL TECHNICAL

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

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                                  TECHNICAL REPORT DATA
                           (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-057
                             2.
4. TITLE AND SUBTITLE
 Air Pollution Regulations  in State Implementation
 Plans: Delaware
             3. RECIPIENT'S ACCESSION-NO. x
                PS   ago 2$&
             5. REPORT DATE
              August 1978
             6. PERFORMING ORGANIZATION CODE
1. AUTHOR(S)
                                                          8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                            68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control  Programs Development  Division
  Office of Air Quality Planning  and Standards
  Office of Air, Noise, and  Radiation
  Research Triangle Park,  NC 27711
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:  Bob  Schell,  Control Programs Development Division
16. ABSTRACT
  This document has been produced in compliance with Section  110(h)(l) of the Clean Air
  Act amendments of 1977.   The  Federally enforceable regulations  contained in the State
  Implementation Plans  (SIPs) have been compiled for all 56 States  and territories
  (with the exception of the Northern Mariana Islands).  They consist of both the
  Federally approved State  and/or local air quality regulations as  indicated in the
  Federal Register and  the  Federally promulgated regulations  for  the State, as
  indicated in the Federal  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.  COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
   Unclassified	
                                              20. SECURITY CLASS (This page)

                                                Unclassified	
21.


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

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                                EPA-450/3-78-057
    Air Pollution  Regulations
in  State Implementation Plans:
                  Delaware
                       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-450/3-78-057
                                  11

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                             INTRODUCTION
     This document has been produced in compliance with Section T10(h)(1)
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 legislations  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.  Pursuant to
the.. 1977 Clean Air Actr Amendments, indirect source regulations may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or-owned facilities or projects.  Therefore, the
Federally promulgated"indirect-source, regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

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

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

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

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

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                                   SUMMARY SHEET
                          EPA-APPROVED REGULATION CHANGES
                                   DELAWARE
Submittal Date
1/16/75
Approval Date
3/23/76
Description
I-XIX Revised
Section Number
52.426
52.432
  FEDERAL REGULATIONS
Description
Review of New or Modified Indirect Sources
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
                                STATE REGULATIONS
Revised Standard
  Subject Index
 (1.0) (2.0)
Section
Number
Reg. No. I
(2.0)
(1.0)
(2.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(4.0)
(2.0)
(2.0)
(4.1)
Section 1
Section 2
Section 3
Reg. No. II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Reg. No. Ill
Section 1
Section 2
Section 3
     Title                          Page
Definitions and Administrative
Principles                            1
General Provisions                    1
Definitions                           1
Administrative Principles             8
Registration and Permits             10
General Provisions                   10
Registration of Air Contaminant
Sources                              10
Construction, Installation,
Alteration and Operation Permits     10
Exemptions                           12
Applications Prepared by
Interested Party                     15
Cancellation of Permits              15
Action on Applications               16
Suspension or Revocation of
Operating Permits                    16
Transfer of Permit Prohibited        16
Availability of Permits              16
Ambient Air Quality Standards        17
General Provisions                   17
General Restrictions                 18
Suspended Particulates               18
                                          VIII

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Revised Standard
Section
Subject Index
(4.2)
(4.5)
(4.6)
(4.4)
(4.3)
(4.7)
(51.5)
(2.0)
(50.1)
(51.0)
(2.0)
(2.0)
(51.8)
(51.17)
(51.15)
(51.21)
(50.7)
(51.3)
(2.0)
(51.3)
Number
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Reg. No. IV
Section 1
Section 2
Reg. No. V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Reg. No. VI
Section 1
Section 2
Title
Sulfur Dioxide
Carbon Monoxide
Photochemical Oxidants
Hydrocarbons
Nitrogen Dioxide
Hydrogen Sulfide
Parti cul ate Emissions From
Fuel Burning Equipment
General Provisions
Emission Limits
Parti cul ate Emissions From
Industrial Process Operations
General Provisions
General Restrictions
. Restrictions on Hot Mix Asphalt
Batching Operations
Restrictions on Secondary Metal
Operations
Restrictions on Petroleum
Refining Operations
Restrictions on Prill Tower
Operations
Control of Potentially Hazardous
Parti cul ate Matter
Parti cul ate Emissions From
Construction and Materials Handling
General Provisions
Demolition
Page
19
19
20
20
20
20
21
21
21
22
22
22
22
23
24
25
26
27
27
27
                                           IX

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Revised Standard
Section
Subject Index
(51.3)
(51.3)
(51.3)
(51.3)
(51.9)
(2.0)
(2.0)
(51.6)
(2.0)
(51.6)
(2.0)
(51.0)
(2.0)
(51.18)
(51.19)
(51.6)
(50.2)
(50.2)
10.0) (50.2)
Number
Section 3
Section 4
Section 5
Section 6
Reg. No. VII
Section 1
Section 2
Reg. No. VIII
Section 1
Section 2
Section 3
Reg. No. IX
Section 1
Section 2
Section 3
Section 4
Reg. No. X
Section 1
Section 2
Title F
Grading, Land Clearing, Excava-
tion and Use of Non-Payed Roads
Material Movement
Sandblasting
Material Storage
Parti cul ate Emissions From
Incineration
General Provisions
Restrictions
Sulfur Dioxide Emissions From
Fuel Burning Equipment
General Provisions
Limit on Sulfur Content of Fuel
Emission Control in Lieu of
Sulfur Content Limits of Section 2
Sulfur Dioxide Emissions From
Industrial Operations
General Provisions
Restrictions on Sulfuric Acid
Manufacturing Operations
Restrictions on Sulfur Recovery
Operations
Stack Height Requirements
Control of Sulfur Dioxide
Emissions - Kent and Sussex Counties
Requirements for Existing Sources
of Sulfur Dioxide
Requirements for New Sources of
Sulfur Dioxide
>agc
27
27
27
27
28
28
28
30
30
30
30
31
31
31
32
33
34
34
34

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Revised Standard
Section
Subject Index
(51.0)
(2.0)
(51.15)
(51.7)
(2.0)
(2.0)
(51.13)
(2.0)
(2.0)
(51.13)
(51.13)
(50.1.2)
(2.0)
(2.0)
(8.0)
(2.0)
(8.0)
(2.0)
(8.0)
(4.0)
Number
Reg. No. XI
Section 1
Section 2
Reg. No. XII
Section 1
Section 2
Reg. No. XIII
Section 1
Section 2
Section 3
Section 5
Reg. No. XIV
Section 1
Section 2
Reg. No. XV
Section 1
Section 2
Section 3
Section 4
Reg. No. XVI
Title
Carbon Monoxide Emissions From
Industrial Process Operations
General Provisions
Restrictions on Petroleum
Refining Operations
Nitrogen Oxide Emissions From
Fuel Burning Equipment
General Provisions
Emission Limits in New Castle
County
Open Burning
General Provisions
General Restrictions
Open Burning for Plant Disease
or Pest Control
Domestic Burning
Visible Emissions
General Provisions
Requirements
Air Pollution Alert and
Emergency Plan
General Provisions
Stages and Criteria
Required Actions
Standby Plans
Sources Having An Interstate
Page
35
35
35
36
36
36
37
37
37
38
39
' 40
40
40
41
41
41
43
48

                                      Air Pollution Potential
                                                     49
                                          XI

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Revised Standard
Section
Subject Index
(2.0)
(2.0)
(2.0)
(13.0)
(9.0)
(51.1)
(51.1)
(51.1)
(50.6)
(2.0)
(2.0)
(2.0)
Number
Section
Section
Section
Reg. No.
Section
Reg. No.
Section
Section
Section
Reg. No.
Section
Section
Title
1 General Provisions
2 Limitations
3 Requirements
XVII Source Monitoring, Record
Keeping and Reporting
1 Sampling and Monitoring
XVIII Parti cul ate Emissions From
Grain Handling Operations
1 Parti cul ate Emissions From Grain
Dryers and Corn Shell ers
2 Restrictions for Chaff, Husks,
and Cobs
3 Registration, Plans of Corrective
Action and Permits
XIX Control of Odorous Air
Contaminants
1 General Provisions
2 Requirements
Page
49
49
49
50
50
51
51
51
51
53
53
53
FEDERALLY .PROMULGATED REGULATIONS
Revised Standard
Subject Index
(10.0)
(17.0)
Section
Number
52.426
52.432
Title
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
55
65
                                          XII

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                                     REGULATION  NO.  I
(1.0)
(2.0)                     DEFINITIONS  AND ADMINISTRATIVE  PRINCIPLES

(2.0)     Section 1  - General  Provisions

         1.1    The  words and  phrases  defined and the administrative  principles  presented
               in this regulation shall  apply to all regulations, unless  the context
               clearly indicates otherwise.

(1.0)   .  Section 2  - Definitions

         2.01   ACT:   Title 7, Delaware Code, Chapter 60,  entitled Division  of Environ-
               mental  Control.

         2.02   ACTIVITY:  Construction,  or operation,  or use  of any  facility, property,
               or device.

         2.03   ACTUAL OPERATING CONDITIONS:   Any conditions or operating  parameters, or
               the  quantities representing these conditions or parameters,  which  exist
               during any operation.

         2.04   AIR  CONTAMINANT:  Particulate matter, dust, fumes, gas,  mist, smoke, or
               vapor or any combination  thereof, exclusive of uncombined  water.

         2.05   AIR  CONTAMINANT CONTROL DEVICE OR SYSTEM:  Any method,  process,  equipment,
               or stack which removes, reduces,  or renders less noxious air contaminants
               discharged into the atmosphere.

         2.06   AIR  CONTAMINANT SOURCE;  Any source from  which there  is  emitted  into the
               atmosphere any air contaminant regardless of who owns the  property or fa-
               cility from which the  emission comes.   Without limiting  the  generality of
               the  foregoing, this term includes all types of commercial  and industrial
               plants and works, heating and power plants and stations, shops and stores;
               buildings and  other structures of all types, including  single and  multiple
               family residences, apartment houses,  office buildings,  public buildings,
               hotels, restaurants, schools, hospitals,  churches, and  other institutional
               buildings,  automobiles, trucks,  tractors, buses and other  motor  vehicles
               (hereinafter called "motor vehicles");  garages, vending  and  service lo-
               cations and stations;  railroad locomotives; ships, boats and other water-
               borne craft; airborne  craft;  portable fuel-burning equipment; incinerators
               of all  types;  indoor and outdoor; and refuse dumps and  piles.

         2.07   AIR  POLLUTION:  The presence in the outdoor atmosphere  of  one or more air
               contaminants in sufficient quantities and of such characteristics  and
               duration as to be injurious to human, plant, or animal  life  or to  property
               or which unreasonably  interferes with the enjoyment of  life  and  property
               within the jurisdiction of this State,  excluding all  aspects of  employer-
               employee relationships as to health and safety hazards.

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2.08  AIR QUALITY CRITERIA:  A series of observed relationships between air
      pollutants and their effects on health, welfare,  vegetation,  or property.
      Criteria for any given effect are expressed in terms of pollutant con-
      centrations, duration of exposure and method of measurement.

2.09  AIR QUALITY STANDARD:  An air quality level as established by Regulations
      in terms of a limit on contaminant levels in the  atmosphere.   Such stan-
      dards shall be consistent with the air quality criteria.

2.10  AIR STAGNATION:  A weather situation characterized by limited horizontal
      and vertical mixing.

2.11  AIR STAGNATION ADVISORY:  The National Weather Service method of advising
      of the existence of air stagnation over a discrete area.

2.12  ALTERATION:  Any physical change in, or change in the method  of operation
      of, any air contaminant source which results in the addition  of a new air
      contaminant or an increase in the quantity of one or more existing air
      contaminants, except for routine maintenance, repair and replacement.

2.13  AMBIENT AIR:  Atmosphere.

2.14  ATMOSPHERE:  The air that envelops or surrounds the earth and includes  all
      spaces outside of buildings, stack or exterior ducts.

2.15  AUXILIARY BURNER:  Equipment to supply additional heat, by the combustion
      of an auxiliary fuel, for the purpose of attaining temperatures sufficiently
      high (a) to dry and ignite waste material, (b) to maintain ignition thereof,
      and (c) to promote complete combustion of combustible solids, liquids,  and
      gases.

2.16  AUXILIARY HEAT INPUT:   The heat value of an auxiliary fuel provided to
      promote complete combustion.

2.17  BACKGROUND CONCENTRATION:  The concentration of an air contaminant which
      is due to natural sources.

2.18  BOILER LANCING:  The operation of removing soot,  slag, and/or fly ash from
      the walls of the firebox, generating tubes, and other parts of fuel burn-
      ing equipment.

2.19  BRITISH THERMAL UNIT:  The quantity of heat required to raise the tempera-
      ture of one pound of water one degree Fahrenheit  at or near its point of
      maximum density (39.1°F), usually abbreviated BTU.

2.20  COMBUSTION CONTAMINANT:   Any air contaminant discharged into the atmos-
      phere by reason of a combustion operation.

2.21  COMBUSTION OPERATION:  Any operation which causes or results in the burning
      of any type of material.
                                      - 2 -

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2.22  COMFORT HEATING EQUIPMENT:   Fuel  burning equipment designed to heat the
      interior of a building or dwelling for the sole purpose of providing com-
      fort for the inhabitants of the structure.

2.23  COMFORT VENTILATING EQUIPMENT:  Equipment producing an emission into the
      open air resulting from the cooling of the interior of a building or
      dwelling for the sole purpose of providing comfort for the inhabitants
      of the structure.

2.24  CONSTRUCTION. INSTALLATION OR ALTERATION PERMIT:  Written notice that the
      construction, installation or alteration of an air contaminant source or
      control device has been approved by the Department.

2.25  CONTAMINATED WASTE:  Waste having been exposed to, or potentially capable
      of spreading, a communicable disease.

2.26  DEPARTMENT:  The Department of Natural Resources and Environmental Control
      as defined in Title 29, Delaware Code, Chapter 80 as amended.

2.27  DESULFURIZED FUEL GAS:  A fuel gas with the sulfur content reduced to less
      than ten (10) grains of H2S per one hundred (100) standard cubic feet of
      fuel gas.

2.28  DISTILLATE FUEL OIL:  Any liquid fuel derived directly or indirectly as
      the distilled product of crude petroleum, and having a maximum Saybold
      Universal viscosity of forty (40) seconds at one hundred (100) degrees
      Fahrenheit.

2.29  DIVISION:  The Division of Environmental Control

2.30  DOMESTIC BURNING:  The open burning of leaves, tree branches,  or yard
      trimmings, other than tree trunks and tree roots, originating on the
      premises and conducted by individuals domiciled on the premises; but
      excluding commercial operations.

2.31  EFFECTIVE STACK HEIGHT:  The sum of the stack height and the rise of the
      stack gases above the stack due to the exit velocity and the temperature
      of the gases.

2.32  ENGINEERING GUIDE:  A statement of guidelines, engineering factors to be
      considered, standards established, or general procedures to be followed
      in meeting the requirements of various regulations adopted by the De-
      partment.

2.33  EQUIPMENT START-UP:  The process of bringing a unit of equipment on-line
      from an inoperative condition such that normal production rates are
      being achieved.

2.34  EXISTING INSTALLATION. EQUIPMENT. SOURCE. OR OPERATION:  Any air con-
      taminant source or control device under construction or in existence
      at the time of adoption of an applicable  Regulation.
                                       -  3  -

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2.35  FLARE:  An engineered device designed to burn waste gases from process
      operations or relief valves.

2.36  FLUE:  See "STACK".

2.37  FLUE GAS:  Products  of combustion which are transported through a flue.

2.38  FLY ASH:  Any particles of gas-borne solid matter resulting from the com-
      bustion of solid fuel but excluding process emissions.

2.39  FUEL:  Any combustible matter including, but not limited to coal, gas,
      oil , and refuse.

2.40  FUEL BURNING EQUIPMENT:  Any equipment used for the burning of fuel  or
      other combustible material for the primary purpose of utilizing the  ther7
      mal energy released.

2.41  GARBAGE :  Animal or vegetable waste matter originating in houses, kitchens,
      restaurants, hotels, produce markets or similar installations.

2.42  HAZARDOUS PARTI CULATE MATTER:  Parti cul ate matter which poses special
      health hazards due to chemical or biological reactivity or particle  size.

2.43  HEAT INPUT:  The potential thermal energy resulting from the complete
      combustion of any fuel.

2.44  INCINERATION:  The process of igniting and burning solid, semi-solid,
      liquid, or gaseous combustible waste to their products of combustion.

2.45  INCINERATOR:  An engineered apparatus, and all appurtenances thereto,
      designed to reduce combustible solid, semi-solid, liquid, or gaseous
      waste by high temperature burning.  Incinerators shall be classified
      in accordance with engineering guides and acceptable practices.

2.46  INDIRECT HEAT EXCHANGE:  Transfer of thermal energy in such a manner that
      the material being heated is not contacted by and adds no substance to
      the products of combustion.

2.47  INDUSTRIAL WASTE:  Any. waste produced by a manufacturing process.

2.48  LINEAR EXTRAPOLATION:  A technique for determining an unknown value lying
      numerically outside the range of a series of values which is in direct
      linear proportion to another series of known values by comparing the two
      series, utilizing the following equation:
                       x - a
                            3  =
                                    - b3
                                       - 4 -

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      where:  x = The unknown value;
             82 = Any known value in the series containing the unknown value;
             33 = Any known value, other than a£ ,  in the series containing
                  the unknown value;

             b-j = The value in the series of known  values corresponding to x;
             02 = The value in the series of known  values corresponding to ^  >
             63 = The value in the series of known  values corresponding to 33  .

2.49  LINEAR INTERPOLATION:  A technique for determining an unknown value lying
      numerically inside the range of a series of values which is in direct lin-
      ear proportion to another series of known values by comparing the two
      series, utilizing the equation set forth under Section 2.48 of this Reg-
      ulation.

2.50  MANUFACTURING PROCESS:  Any process principally operated for the purpose
      of producing any durable or consumable good or goods.

2.51  MASS EMISSION RATE:  The weight of any air contaminant discharged per unit
      of time.

2.52  MATERIAL:  Any gas, liquid, or solid or any combination thereof.

2.53  METROPOLITAN PHILADELPHIA INTERSTATE AIR QUALITY CONTROL REGION:  A
      geographical region composed of Burlington, Camden, Gloucester, Mercer,
      and Salem Counties in the State of New Jersey; Bucks, Chester, Delaware,
      Montgomery, and Philadelphia Counties in the State of Pennsylvania; and
      New Castle County in the State of Delaware.

2.54  NATIONAL AMBIENT AIR QUALITY STANDARDS:  Those primary and secondary am-
      bient air quality standards which are promulgated by the Administrator
      of the Federal Environmental Protection Agency.

2.55  NATIONAL WEATHER SERVICE:  An agency of the United States Commerce Depart-
      ment charged with the responsibility of providing weather information and
      service to the public and to commercial aviation.

2.56  NATURAL SOURCE:  Any air contaminant source which is not man-made.

2.57  NEU INSTALLATION, EQUIPMENT. SOURCE. OR OPERATION:  Any air contaminant
      source or control device not under construction or in existence at the
      time of adoption of any applicable Regulation.

2.58  NITROGEN OXIDES:  Nitric oxide (NO.) or nitrogen dioxide (N02) or any
      combination thereof.

2.59  ODOR:  That property of an air contaminant that affects the sense of smell

2.60  OPACITY:  That condition which renders material partially or wholly im-
      pervious to rays of light and causes a degree of obstruction to an ob-
      server's view.
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2.61   OPEN AIR:  See "ATMOSPHERE".

2.62  OPEN BURNING:  Any fire which is not conducted in fuel  burning or process
      equipment or an incinerator.

2.63  OPERATING PERMIT:  Written notice that the operation of an air contaminant
      source or control device has  been approved by the Department.

2.64  PATHOLOGICAL WASTE:  Human and animal  remains and wastes,  consisting  of
      carcasses, organs, and organic wastes  from hospitals, laboratories,  sewage
      treatment facilities and similar sources, consisting of up to  85% moisture
      and 5% incombustible solids.

2.65  PARTICULATE MATTER:  Material, other than uncombined water, which is
      suspended in or discharged into the atmosphere as a liquid or  solid.

2.66  PERSON:   Any individual, firm, association, organization,  partnership,
      business trust, corporation,  company,  contractor, supplier, installer,
      developer, user or owner, or any Federal, State or Local  governmental
      agency or public district or any officer or employee thereof.

2.67  PRILLING OPERATION:  Any solidification process which employs  the mechan-
      ism of molten droplets in free fall through a heat exchange medium.

2.68  PRIMARY AMBIENT AIR QUALITY STANDARDS:  Those ambient air quality stan-
      dards which, in the judgment of the Department, are requisite  to protect
      the public health and allow an adequate margin of safety.

2.69  PRIVATE DWELLING:  A domestic residence housing no more than three (3)
      families and where no commercial or industrial activity is carried on.

2.70  PROCESS EMISSION;  Discharge into the atmosphere of air contaminants
      resulting from a specific process or combination of processes.

2.71   PROCESS OPERATION:  Any chemical, industrial, or manufacturing operation
      including, but not limited to, heat transfer, fluid flow,  evaporation,
      humidification, absorption, extraction, distillation, drying,  mixing,
      classification, sedimentation, decantation, filtration, crystallization,
      centrifugation, disintegration and material handling.

2.72  PROCESS WEIGHT RATE:  A rate established as follows:

      (a) For continuous or long-run steady-state source operations, the total
          process weight for the entire period of continuous operation or for
          a typical portion thereof, divided by the number of hours  of such
          period or portion thereof.

      (b) For cyclical or batch  unit operations or unit processes,  the total
          process weight for a period that covers a complete operation or an
          integral number of cycles, divided by the hours of actual  process
          operation during such a period.

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          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 definition, the interpretation that results in the minimum value
          for allowable emission shall apply.

2.73  PROFESSIONAL ENGINEER:  A person licensed to practice professional engin-
      eering in the State of Delaware or otherwise eligible to practice engin-
      eering within the State as determined by the Delaware Association of Pro-
      fessional engineers.

2.74  RECREATIONAL PURPOSES:  Any purpose which, in the judgment of the Depart-
      ment, fulfills a physical or social need, including, but not limited to,
      camping, ceremonies, and religious rites.

2.75  REFUSE:  Garbage, rubbish, or trade waste.

2.76  RINGELMANN SMOKE CHART:  The chart published and described in the U.S.
      Bureau of Mines Information Circular 8333, or any chart, recorder, in-
      dicator, or device for the measurement of smoke density which is approved
      by the Department as the equivalent of said Ringelmann Scale.

2.77  RUBBISH:  Waste solids not considered to be highly flammable or explosive,
      including but not necessarily limited to rags, clothes, leather, rubber,
      carpets, excelsior, paper, ashes, furniture, tin cans, glass, crockery
      or masonry.

2.78  SALVAGE OPERATION:  Any business, trade or industry engaged entirely or
      partially  in salvaging or reclaiming any product or material, including,
      but not necessarily limited to, metals, chemicals, motor vehicles, ship-
      ping containers or drums.

2.79  SANITARY LANDFILL:  A method of disposing of refuse on land without
      creating nuisances or hazards to public health or safety by utilizing
      engineering principles to confine the refuse to the smallest practical
      area, to reduce it to the smallest volume, and to cover it with a layer
      of earth as frequently as may be required by the permit.

2.80  SCRUBBER:  A gas washer or auxiliary equipment designed to remove con-
      taminants in wet form from products of combustion or from process emis-
      sions.

2.81  SECONDARY AMBIENT AIR QUALITY STANDARDS:  Those ambient air quality stan-
      dards which, in the judgment of the Department, are requisite to  protect
      the public welfare from any known or anticipated adverse effects  asso-
      ciated with the presence of air contaminants in the ambient air.

2.82  SECONDARY METAL OPERATION:  Operations involving or related to the re-
      fining of metal when such operations use a raw material other than the
      metal ore.

2.83  SETTLEABLE PARTICULATES:  Particulate matter present in air or other gases
      which tend to settle out rather than remaining suspended.
                                     -. 7 -

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2.84  SMOKE:  Small gas-borne particles resulting from incomplete combustion,
      consisting predominantly of carbon and other combustible material.

2.85  SMOKE DETECTOR:  A device using a light source and a light detector which
      can automatically measure and record the light obscuring power of smoke
      at a specific location in the flue or stack.

2.86  SOLID FUEL:  A fuel which is fired as a solid, such as anthracite or
      semi-anthracite, bituminous or sub-bituminous coal, lignite, coke,  wood,
      or any solid by-product of a manufacturing process that may be substituted
      for any of the above specifically mentioned fuels.

2.87  SOOT BLOWING:  The operation of removing soot, slag and/or fly ash from
      the firebox walls or the tubes of fuel burning equipment by the use of
      compressed air, steam or water.

2.88  STACK:  A flue, chimney, conduit or other device constructed for the pur-
      pose of discharging air contaminants into the atmosphere.

2.89  STACK HEIGHT: The vertical distance measured in feet between the point of
      discharge from a stack into the atmosphere and the land thereunder.

2.90  STANDARD CONDITIONS:  A gas temperature of 21°C (70°F) and a gas pressure
      of one atmosphere (14.7 pounds per square inch absolute).

2.91  STATIONARY SOURCE:  Any fixed building, structure, facility, installation,
      or equipment which emits or may emit any air contaminant.

2.92  SULFUR RECOVERY OPERATION:  Any operation designed for the recovery of
      elemental sulfur.

2.93  SUSPENDED PARTICIPATES:  Particulate matter which remains suspended in
      ambient air.

2.94  TAIL GASES:  Gases and vapors released into the atmosphere from an in-
      dustrial process after all reaction and treatment has taken place.

2.95  TRADE WASTE:  Any solid, liquid, or gaseous waste material or rubbish re-
      sulting from construction, building operations, or the prosecution of any
      business, trade or industry including, but not necessarily limited to,
      plastic products, cartons, paint, grease, oil and other petroleum products,
      chemicals or cinders.

2.96  VENT:  See "STACK".

2.97  VISIBILITY METER:  Any device used for the purpose of measuring, recording,
      or indicating the reflectance of or opacity to light of an air contaminant
      stream.

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(2.0)     Section 3 - Administrative Principles

         3.1    In certain Regulations,  air quality standards will  be established.   These
               standards shall  not be interpreted to allow significant deterioration of
               existing air quality in  any portion of the State;  otherwise;  they shall  be
               paramount in matters pertaining to the control  of  air pollution throughout
               the State.

         3.2    In addition to or supplemental  to these air quality standards,  certain
               emission requirements will  be specified.   Such emission requirements are
               selected as minimum controls necessary to ensure a reasonable quality of
               air throughout the State.   Where it is established that these emission
               requirements are inadequate to attain or maintain  the applicable air
               quality standard, the Department shall exercise its authority to require
               additional control measures.

         3.3    The Department intends to  have Regulations adopted governing  the control
               of air pollution as rapidly as practicable.  The lack of a Regulation
               governing an air contaminant or combination of air contaminants will not
               prevent the Department from taking any and all  actions necessary to
               maintain a reasonable quality of air throughout the State.

         3.4    If any part of these Regulations, or the application of any part thereof,
               is held invalid or unconstitutional, the application of such  part to other
               persons or circumstances,  and the remainder of these Regulations shall not
               be affected thereby and shall be deemed valid and  effective.

         3.5    The Department may enter into agreement(s) on a regional basis for the
               purpose of attaining air quality goals.  Such interstate agreements shall
               facilitate the attainment  and maintenance of air quality standards.
                                               - 9 -

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                                     REGULATION NO.  II
(3.0)                            REGISTRATION AND PERMITS

(2.0)    Section 1  - General  Provisions

         1.1   The purpose of this Regulation is to describe the requirements  to  report
              and obtain approval of equipment which has the potential  to discharge air
              contaminants into the atmosphere.

(3.0)    Section 2 - Registration of Air Contaminant Sources

         2.1   The Department may require the written registration of air contaminant
              sources when, in its opinion, such information is necessary for the con-
              duct of work of the Department.

         2.2   Registrations shall be made on forms furnished by the Department.   The forms
              may require information concerning the unit of equipment covered by the reg-
              istration, the kind or amount of contaminant emitted by the equipment or any
              additional information required by the Department for the purpose of enforc-
              ing the rules and regulations of the Department of any change in any item of
              information furnished in compliance with  this subsection, other than change
              of ownership, within a reasonable time not exceeding 30 days after the
              change is made.

         2.3  Registration shall be made by the owner or lessee of the equipment, or his
              agent.  If the registrant is a corporation, the registration shall be made
              by one individual who is a member of the  group.  If the registrant is a
              corporation, the registration shall be made by an appropriate representa-
              tive of the corporation.

         2.4  Information obtained through the provisions of this Regulation shall be
              made available for public inspection at any Department office except where
              such information is of a confidential  nature as defined in Title 7, Del-
              aware Code, Section 6014.

(3.0)    Section 3 - Construction. Installation, Alteration and Operation Permits

         3.1   No person shall initiate construction, install, alter, or initiate oper-
              ation of any equipment or facility or air contaminant control device which
              will emit an air contaminant prior to receiving approval  of his application
              from the Department.  In situations in which construction, installation, or
              alteration  is proposed and operation of the equipment, facility, or air
              contaminant control device is to follow,  only one application need be sub-
              mitted.  The application shall consist of a description of at least the fol-
              lowing:

              a.  The equipment or apparatus covered by the application; and

              b.  Any equipment connected or attached to, or servicing or served by the
                  unit of equipment or apparatus covered by the application;
                  and
                                               - 10 -

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     c.   The plot plan, including the distance and height of building  within
         a reasonable distance from the place where the equipment is or  will
         be installed, if necessarily required by the Department; and

     d.   The proposed means for the prevention or control of the emissions  or
         contaminant;

     e.   The chemical composition and amount of any trade waste to be  produced
         as a result of the construction, installation, or alteration  of any
         equipment or apparatus covered by this application;

     f.   Any additional information, evidence or documentation required  by  the
         Department to show what the proposed equipment or apparatus will do.

     g.   Methods and expected frequency of occurrence of the start-up and shut-
         down of the equipment, including projected effects of emissions to the
         atmosphere and on ambient air quality.

     No approval to construct, install, alter, or initiate operation will be
     granted unless the applicant shows to the satisfaction of the Department
     that the source will not prevent or interfere with attainment or  main-
     tenance of any State or National Air Quality Standard.  Any approval
     granted by the Department shall not relieve an owner or operator  of the
     responsibility of complying with applicable local, State, and Federal
     laws and regulations.

3.2  In situations in which construction, installation, or alteration  is proposed,
     and operation of the equipment, facility, or air contaminant control device
     is to follow, such operation shall not commence until written approval is
     obtained by the applicant from the Department.  The Department may  condition
     approval to.operate on a demonstration by the applicant of satisfactory per-
     formance, the Department may require the applicant to cease emissions  from
     the source.  Upon granting written approval for operation, the Department
     shall give notice of such approval within five days of the date of  approval.

3.3  Within 60 days of receipt of a written request by the Department, an
     owner or operator of an existing facility, equipment, or device which
     emits or causes to be emitted an air contaminant, and which is not  ex-
     empted under Section 4.1, shall submit an application to the Department
     for a permit.

3.4  No permit or renewal thereof shall be issued by the Department unless  the
     applicant shows to the satisfaction of the Department that the equipment,
     facility, or air contaminant control device is designed to operate  or is
     operating without causing a violation of any rule or regulation  of  the
     Department and without interfering with the attainment or maintenance of
     National and State ambient air quality standards.  The Department may,
     from time to time, issue or accept criteria for the guidance of applicants
     indicating the technical specifications which it deems will comply  with
     the performance standards referenced herein.
                                      - 11 -

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        3.5  Before a permit or any renewal  thereof is issued,  the Department may
             require the applicant to conduct such tests  as  are necessary in  the
             opinion of the Department to determine the kind and/or amount of the
             contaminants emitted from the equipment or whether the equipment or
             fuel  or the operation of the equipment will  be  in  violation of any of
             the provisions of any rule or regulation fo the Department.   Such tests
             shall  be made at the expense of the applicant and  shall  be conducted in
             a manner approved by the Department.

        3.6  A permit or any renewal  thereof shall be valid  for a period not  to
             exceed three years from the date of issuance, unless sooner revoked
             by order of the Department, and may be renewed  upon application  to
             the Department.

        3.7  In the event the Department denies a request for approval  of a permit to
             operate any equipment, facility, or device for  which an  application was
             made,  the applicant shall not commence operation until such time that
             approval has been obtained from the Department  or  a permit to operate has
             been issued by the Department.

        3.8  Upon receipt of an application for the issuance of an operating  permit or
             any renewal thereof, the Department, in its discretion,  may issue a
             temporary operating permit valid for a period not  to exceed ninety (90)
             days.

(3.0)    Section 4 - Exemptions

        4.1  Any existing source which emits 25 tons per year or less of any  air contam-
             inant is exempt from the requirements of Section 3.3, except as  provided
             for in Subsection 4.3 and 4.4.

        4.2  A permit for installation, alteration, or operation shall  not be required
             for the following new equipment or apparatus:

             a.  Air contaminant detector, air contaminant recorder,  combustion
                 controller or combustion shut-off.

             b.  Fuel burning equipment, other than smokehouse  generators, which:

                 1.  Uses only natural gas, IP gas, or other desulfurized fuel
                     gas and has a rated heat input of less  than 250 million
                     BTU per hour; or

                 2.  Is used in a private dwelling as defined in Regulation I; or

                 3.  Has a BTU input of less than 1,000,000  BTU per hour.

             c.  Air conditioning or comfort ventilating systems.
                                               -  12  -

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     d.   Vacuum cleaning systems used exclusively for industrial,  commercial,
         or residential  housekeeping.
     e.   Ventilating or exhaust systems for print storage room cabinets.
     f.   Exhaust systems for controlling steam and heat.
     g.   Laboratory equipment used exclusively for chemical  or physical  analyses.
     h.   Internal  combustion engines and vehicles used for transport of pas-
         sengers or freight, except as may be provided in subsequent Regulations.
     i.   Equipment or apparatus emitting less than ten pounds per  day of any
         air contaminant which, in the written opinion of the Department has
         little or no potential of causing air pollution.
     j.   Maintenance, repair, or replacement in kind of equipment  for which a
         permit to operate has been issued.
     k.   Equipment which emits only nitrogen, oxygen, carbon dioxide, and/or
         water vapor.
     1.   Ventilating or exhaust systems used in eating establishments where
         food is prepared for the purpose of human consumption.
     m.   Equipment used to liquefy or separate oxygen, nitrogen or the rate
         gases from the air.
     n.   Fireworks.
     o.   Smudge pots for orchards or small outdoor heating devices to prevent
         freezing of plants.
     p.   Outdoor painting and sand blasting equipment.
     q.   Lawnmowers, tractors, farm equipment and construction equipment.
     r.   Gasoline station storage tanks and motor vehicle fuel servicing
         equipment.
     s.   Fireplaces for burning of wood and paper.
4.3  Provisions of Subsection 4.1 shall not apply to equipment directly involved
     in the following industries:
     CHEMICAL PROCESS INDUSTRIES:
     Chlorine
     Explosives
     Hydrofluoric acid
     Nitric acid
     Paint and varnish manufacturing
                                      - 13 -

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Cont'd.

CHEMICAL PROCESS INDUSTRIES

Plastics manufacturing
Printing ink manufacturing
Sulfuric acid
Synthetic fibers
Synthetic rubber

FOOD AND AGRICULTURAL INDUSTRIES:

Alfalfa dehydrating
Feed and grain
Fertilizers
Fish meal processing
Meat smokehouses

METALLURGICAL INDUSTRIES:

Aluminum operations
Brass and bronze smelting
Ferroalloys
Gray iron foundries
Lead smelting
Steel foundries
Zinc processes

MINERAL PRODUCTS INDUSTRIES:

Asphalt roofing
Asphaltic concrete batching
Bricks and related clay refractories
Castible refractories
Cement
Concrete batching
Rock, gravel, and sand quarrying and processing

PETROLEUM REFINING:

PETROCHEMICAL OPERATIONS:

PIGMENT OPERATIONS:

ORGANIC CHEMICAL INDUSTRIES:

INORGANIC CHEMICAL INDUSTRIES:

WOOD PROCESSING:

PETROLEUM STORAGE:

MISCELLANEOUS:
                                  - 14 -

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              Fossil  fuel  burning equipment
              Incinerators

         4.4  Provisions of Subsections 4.1 and 4.2 shall  not apply to any source which
              emits an air contaminant designated as a hazardous pollutant by the Environ-
              mental  Protection Agency.

(3.0)     Section 5 -  Applications Prepared by Interested Party

         5.1  Application for an installation or alteration permit or for the renewal
              of such permit shall  be made by the owner or lessee of the equipment,  or
              apparatus or his agent, on forms furnished by the Department.   Appli-
              cations for an operating permit or its renewal  may be made by letter.   If
              the applicant is a partnership or group other than a corporation,  the  ap-
              plication shall be made by one individual  who is a member of the group.
              If the  applicant is a corporation, the application shall be made by an ap-
              propriate representative of the corporation.  The application shall be
              filed at the Division of Environmental Control.

         5.2  Each application shall be signed by the applicant, and certified by a  pro-
              fessional engineer as to the accuracy of the technical information concern-
              ing the equipment, apparatus, or design features contained in the application,
              plus plans and other papers submitted.  For the renewal of a permit, the ap-
              plicant's professional engineer shall certify that the equipment satisfies
              the provisions of rules and regulations of the Department.  The signature of
              the applicant shall constitute an agreement that the applicant will assume
              responsibility for the installation, alteration or use of the equipment or
              apparatus concerned in accordance with the requirements of this Regulation.

         5.3  Application for the renewal of an operating permit shall be postmarked or
              date stamped by the Department upon personal delivery no later than ninety
              (90) days prior to the expiration of the permit.

(3.0)     Section 6 -  Cancellation of Permits

         6.1  The Department may cancel a permit if the installation or alteration is not
              begun or if the work involved in the installation or alteration is not com-
              pleted, within the time limits specified in the permit.

         6.2  With the consent of the Department and at its discretion an applicant may
              secure  an extension of the expiration date after written request to the
              Department stating the reasons therefore.   An extension may be granted for
              a period not to exceed six months.  The Department shall not grant any fur-r
              ther extensions without first holding a public hearing.  The expense of
              such hearing shall be borne by the applicant.
                                                - 15 -

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(3.0)     Section 7 - Action on Applications

         7.1   The Department shall  act within sixty (60) days on an application for a
              permit or for a renewal  of an operating permit and shall  notify the
              applicant in writing  of the status of the application.

         7.2   If an application is  disapproved, the Department shall  set forth its
              objections in the notice of disapproval.

(3.0)     Section 8 - Suspension or  Revocation of Operating Permits

         8.1   The Department may suspend or revoke an operating permit  for violation
              of this or any rule or regulation of the Department or any law administered
              by the Department and may take such other actions as it deems necessary.

         8.2   Suspension or revocation of an operating permit shall become final
              immediately upon service of notice on the holder of the permit, unless
              otherwise stated in the notice os suspension or revocation.

(3.0)     Section 9 - Transfer of Permit Prohibited

         9.1   No person shall transfer a permit from one location to another, or from
              one piece of equipment to another.  No person shall transfer a permit
              from one person to another person unless thirty (30) days notice is
              given to the Department, and approval of such transfer is obtained in
              writing from the Department.

(3.0)     Section 10 - Availability  of Permits

         10.1 Any permit shall be available on the premises designated  on the permit.
                                                -  16  -

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                                    REGULATION NO.  Ill
(4 Qv                           AMBIENT AIR QUALITY  STANDARDS


(2.0)     Section 1  - General  Provisions

         1.1   Air Quality Standards are required to assure that ambient air quality shall
              be consistent with established criteria and shall serve to effectively and
              reasonably manage the air resources of the State of Delaware.

         1.2   At such time as additional  pertinent  information becomes available with
              respect to applicable air quality criteria, recommendations shall  be
              incorporated and the air quality standards shall be subject to revisions.

         1.3   The absence of a specific ambient air quality standard shall  not preclude
              actions by the Department to control  contaminants to assure protection,
              safety, welfare, and comfort of the people of the State of Delaware.

         1.4   Air  Quality Standards are defined by frequency distribution presentations
              and arithmetic averages.  The characteristic parameters describing the
              frequency distribution are the geometric mean and 99th percentile.

              a.  The geometric mean is defined as  the Nth root of the product
                  of N numbers.  Assuming a log-normal  cumulative frequency dis-
                  tribution, the 50th percentile value will be equal to the
                  geometric mean.

              b.  The arithmetic average (mean) is  defined as the sum of a set of values
                  divided by the number of values.

              c.  The 99th percentile for a group of numbers is defined as that value
                  which is exceeded by one percent of the numbers.

         1.5   The ambient air quality values stated herein shall apply to all areas out-
              side a source property line.

         1.6   The sampling and analytical procedures and techniques employed to deter-
              mine ambient air concentrations of contaminants shall be consistent with
              methods which result in a representative evaluation of the prevailing
              conditions.  The following methods shall  be used directly or employed
              as reference standards against which other methods may be calibrated;

              a.  Total suspended particulates shall be determined gravimetrically
                  from samples obtained by the filtration techniques of the high-
                  volume sampler, and shall be in accordance with procedures de-
                  scribed in "Air Pollution Measurements of the National Air Sampling
                  Network:  Analyses of Suspended Particulates 1957-1961, "Public
                  Health Service Publication No. 978, Washington, D.C., 1962.
                                               - 17 -

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             b.   Sulfur dioxide  shall  be determined colorimetrically by the
                 reference Pararosaniline method or by the Equivalent methods:
                 (1)  Gas Chromatographic Separation - Flame Photometric Detection,
                 (2)  Flame Photometric Detection, and (3)  Coulometric Detection
                 provided certain precautions are taken as indicated in the Federal
                 Register of August 14, 1971, Volume 36, Number 158.

             c.   Carbon monoxide shall be determined by the Non-dispersive Infrared
                 (NDIR) method or by the equivalent method of Gas Chromatographic
                 Separation - Catalytic Conversion - Flame lonization Detection as
                 indicated in the Federal Register of August 14, 1971, Volume 36,
                 Number 158.

             d.   Photochemical oxidants shall be determined by the Gas Phase Chem-
                 iluminescence method or by the equivalent methods:   (1) Iodide
                 Colorimetric Detection, and (2) UV Photometric Detection of ozone
                 provided certain precautions are taken as indicated in the Federal
                 Register of August 14, 1971, Volume 36, Number 158.

           .  e.   Total  hydrocarbons shall be determined by the flame ionization
                 technique as described by Andreatch and Feinland, "Continuous
                 Trace  Hydrocarbons Analysis by Flame lonization."  Anal. Chem.
                 32:1021-1024, July, 1960.  Methane shall  be determined by gas
                 chromatography.  Non-methane hydrocarbons shall be determined
                 by the difference of these two measurements.

             f.   Nitrogen dioxide shall be determined by the U.S. Environmental
                 Protection Agency reference method or methods or such other method
                 as the State approves.

             g.   Hydrogen sulfide shall be determined by the Methylene Blue Colori-
                 metric Detection method or by the equivalent method of Gas Chro-
                 matographic Separation - Flame Photometric Detection.

(2.0)    Section  2 - General Restrictions

        2.1  No  person  shall  cause the Air Quality Standards specified in this
             Regulation to be exceeded.

(4.1)    Section  3 - Suspended Particulates

        3.1  The Primary Ambient Air Quality Standards for Particulate Matter are:

             a.   An annual geometric mean of 70 micrograms per cubic meter not  to be
                 exceeded, based upon twenty-four hour average concentrations.

             b.   A value of 200 micrograms per cubic meter not to be exceeded more
                 than once per year, based upon twenty-four hour average concentrations.
                                               -  18  -

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             c.   A value of 500 micrograms per cubic meter not to be exceeded,
                 based upon one hour average concentrations.

        3.2  The Secondary Ambient Air Quality Standards for  Particulate Matter are:

             a.   An annual geometric mean of 60 micrograms per cubic meter not  to
                 be exceeded, based upon twenty-four hour average concentrations.

             b.   A value of 150 micrograms per cubic meter not to be exceeded more
                 than once per year, based upon twenty-four hour average concentrations.

(4.2)    Section  4 - Sulfur Dioxide

        4.1  The Primary Ambient Air Quality Standards for Sulfur Oxides measured as
             Sulfur Dioxide are as follows:

             a.   An annual geometric mean value of 0.025 parts per million (ppm)
                 by volume, seventy (70) micrograms per cubic meter (ug/m3),  not
                 to be exceeded, based upon twenty-four average concentrations.

             b.   An annual arithmetic average value of 0.030 ppm, 80 ug/m3, not
                 to be exceeded, based upon twenty-four hour average concen-
                 trations.

             c.   A 99th percentile value of 0.10 ppm, 260 ug/m3, not to be
                 exceeded, based upon twenty-four hour average concentrations.

             d.   A value of 0.13 ppm, 340 ug/m3, not to be exceeded more than
                 once per year, based upon twenty-four hour average concentrations.

        4.2  The Secondary Ambient Air Quality Standards for Sulfur Oxides measured as
             Sulfur Dioxide are as follows:

             a.   An annual arithmetic mean of 0.02 parts per million (ppm), 60
                 micrograms per cubic meter (ug/m ), not to be exceeded, based
                 upon twenty-four hour average concentrations.

             b.   A value of 0.1 parts per million (ppm), 260 ug/m , not to be
                 exceeded more than once per year, based upon twenty-four hour
                 average concentrations.

             c.   A value of 0.5 parts per million by volume,  1300 micrograms per cubic
                 meter, not to be exceeded more than once per year, based upon three
                 hour average concentrations.

(4.5)     Section 5 - Carbon Monoxide

        5.1  The average concentration of carbon monoxide taken over any consecutive
             eight (8) hours shall not exceed a value of eight  (8) parts per million
                                              - 19 -

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             by volume (9.2 milligrams per cubic meter) more than one tenth of one
             percent (0.1%) of the time on an annual basis.

        5.2  The average concentration of carbon monoxide taken over any consecutive
             eight (8) hours shall not exceed a value of twelve (12) parts per million
             by volume (13.8 milligrams per cubic meter).

        5.3  The average concentration of carbon monoxide taken over any one (1)
             hour period shall not exceed thirty-five (35) parts per million by
             volume (40 milligrams per cubic meter).

(4.5)    Section 6 - Photochemical Oxi.dants

        6.1  The average concentration of photochemical oxidants taken over any one
             (1) hour period shall not exceed a value of eight one-hundredths (0.08)
             parts per million by volume (160 micrograms per cubic meter) more than
             once per year.

        6.2  The average concentration of photochemical oxidants taken over any one
             (1) hour period shall not exceed a value of one tenth  (0.1) part per
             million by volume (200 micrograms per cubic meter).

(4.4)    Section 7 - Hydrocarbons

        7.1  The hydrocarbons standards in subsection 7.2 and 7.3 are for use as a
             guide in devising implementation plans to achieve oxidant standards.

        7.2  The average concentration of hydrocarbons, exclusive of methane, taken
             over a three (3) hour period from 6:00 to 9:00 a.m., local time, shall
             not exceed two tenths (0.2) parts per million (as carbon) by volume
             (131 micrograms per cubic meter) more than once a year.

        7.3  The average concentration of hydrocarbons, exclusive of methane, taken
             over the three (3) hour period from 6:00 to 9:00 a.m., local time, shall
             not exceed three tenths (0.3) parts per million by volume (196.5 micro-
             grams per cubic meter).

(4.3)    Section 8 - Nitrogen Dioxide

        8.1  The annual arithmetic mean concentration of nitrogen dioxide shall not
             exceed 0.05 parts per million (100 micrograms per cubic meter).

(4.7)    Section 9 - Hydrogen Sulfide

        9.1  The average concentration of hydrogen sulfide taken over any consecutive
             three (3) minutes shall not exceed 0.06 ppm.

        9.2  The average concentration of hydrogen sulfide taken over any consecutive
             60 minutes shall not exceed 0.03 ppm.
                                               -  20  -

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                                     REGULATION NO.  IV

(51.5)                PARTICIPATE EMISSIONS FROM FUEL BURNING EQUIPMENT

(2.0)    Section 1  - General  Provisions

         1.1   The emission of particulate matter from fuel  burning equipment shall  be
              controlled to a limit that shall  meet  the ambient air quality require-
              ments.

         1.2  The provisions of this Regulation shall not apply where the heat input
              to the equipment is less than 1,000,000 BTU per hour.

         1.3  The provisions of this Regulation shall not apply to equipment or opera-
              tions whose emissions are controlled by Regulation No. V or Regulation
              No. VII.

         1.4  For purposes of this Regulation,  the heat input value shall be based
              upon the manufacturer's guaranteed maximum input or the Department's
              calculated input.

         1.5  The provisions of this Regulation shall not apply to the start-up and
              shutdown of equipment which operates continuously or in an extended
              steady state when emissions from such  equipment during start-up and
              shutdown are governed by an operation  permit issued pursuant to the
              provisions of Section 3, Regulation No. II.

(50.1)    Section 2 - Emission Limits

         2.1   No person shall cause or allow the emission of particulate matter in
              excess of 0.3 pounds per million BTU heat input, maximum 2-hour average,
              from any unit of fuel burning equipment.

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                                      REGULATION NO.  V

(51.0)            PARTICULATE EMISSIONS FROM INDUSTRIAL PROCESS OPERATIONS

(2.0)     Section 1  - General Provisions

         1.1   The emission of participate matter from industrial  process equipment
              shall  be controlled to a limit that shall  meet the  ambient air quality
              requirements.

         1.2   The provisions of this Regulation shall  not apply to indirect heat
              exchangers which shall be controlled by Regulation  No.  IV.

         1.3   For all tables in this Regulation, unless otherwise indicated, the
              emission limitation for a process weight rate between any two consecu-
              tive process weight rates shall be determined by linear interpolation.

         1.4   For all tables in this Regulation, unless otherwise indicated, the
              emission limitation for a process weight rate above the maximum process
              weight rate or below the minimum process weight rate shall be determined
              by linear extrapolation.

         1.5   For purposes of this Regulation, the allowable mass emission rate of
              particulate matter shall be determined for individual units of equip-
              ment.

         1.6   For operations involving similar units which are manifolded to a common
              stack, control techniques shall be such that no unit is emitting partic-
              ulate matter at a rate which is in excess of the mass emission rate al-
              lowed by this Regulation.

         1.7   The provisions of this Regulation shall  not apply to the start-up and
              shutdown of equipment which operates continuously or in an extended
              steady state when emissions from such equipment during start-up and
              shutdown are governed by an operation permit issued pursuant to the
              provisions of Section 3, Regulation No.  II.

 (2.0)    Section 2 - General Restrictions

         2.1   No person shall cause or allow particulate emissions into the atmos-
              phere from any source not provided for in subsequent sections of this
              Regulation in excess of 0.2 grains per standard cubic foot.

 (51.8)  Section 3 - Restrictions on Hot Mix Asphalt Batching Operations

         3.1   No person shall cause or allow particulate emissions from a hot mix
              asphalt batching plant into the atmosphere in excess of the quantity
              as listed in Table 1.
                                               -  22  -

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                                          TABLE  1

                             ALLOWABLE  MASS  EMISSION  RATE  FROM
                            HOT MIX  ASPHALT  BATCHING  OPERATION

               Process  Weight Rate                      Stack Emission  Rate
                (Pounds Per Hour)                         (Pounds  Per  Hour)

                     10,000                                    10
                     20,000                                    16
                     30,000                                    22
                     40,000                                    28
                     50,000                                    31
                    100,000                                    33
                    200,000                                    37
                    300,000                                    40
                    400,000                                    43
                    500,000                                    47
                    600,000                                    50

(51.17)   Section 4 - Restrictions  on Secondary Metal  Operations

         4.1   No person shall cause  or  allow particulate emissions  from secondary
              metal  operations into  the atmosphere in excess of the quantity  as
              listed in Table 2.

                                          TABLE  2

                               ALLOWABLE MASS EMISSION RATE
                              FROM SECONDARY METAL OPERATIONS

               Process  Weight Rate                      Stack Emissions Rate
                (Pounds Per Hour)                         (Pounds  Per  Hour)

                      1,000                                   0.75
                      2,000                                   1.50
                      3,000                                   2.25
                      4,000                                   3.00
                      5,000                                   3.75
                      6,000                                   4.50
                      7,000                                   5.25
                      8,000                                   6.00
                      9,000                                   6.75
                     10,000                                   7.50
                     12,000                                   9.00
                     16,000                                  12.00
                     18,000                                  13.50
                     20,000                                  15.00
                     30,000                                  22.50
                     40,000                                  30.00
                     50,000                                  37.50
                                               - 23 -

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(51.15)   Section 5 -  Restrictions  on  Petroleum Refining  Operations

         5.1   Except  as  provided for  in  Section 5.2  no person  shall  cause  or  allow
              participate emissions from catalytic cracking  operations  into the  atmos-
              phere in excess of the  quantities as indicated in  Table 3.

                                          TABLE 3

                               ALLOWABLE MASS EMISSION RATE
                            FROM CATALYTIC CRACKING  OPERATIONS

                    Coke Burn-Off Rate              Mass Emission Rate
                     (Pounds Per Hour)               (Pounds Per Hour)

                          7,000                             50
                         14,000                           100
                         21,000                           150
                         28,000                           200
                         42,000                           300
                         56,000                           400
                         70,000                           500

         For the purpose of interpolation and extrapolation  calculations,  "Coke
         Burn-Off Rate"  shall be construed to be equivalent  to "Process Weight
         Rate".

         5.2  If between July 1, 1973, and October 1, 1974,  the  national secondary
              ambient air quality standard for suspended participate is exceeded in
              the Metropolitan Philadelphia Interstate Air Quality  Control  Region
              due to  a catalytic cracking operation  located  in New  Castle  County,
              than after January 1, 1975, no person  shall  cause  or  allow particu-
              late emissions from catalytic cracking operations  into the atmosphere
              in excess  of the quantities as indicated in Table  4.

                                          TABLE 4

                               ALLOWABLE MASS EMISSION RATE
                            FROM CATALYTIC CRACKING  OPERATIONS

                    Coke Burn-Off Rate              Mass Emission Rate
                     (Pounds Per Hour)               (Pounds Per Hour)

                          7,000                            5
                         14,000                           10
                         21,000                           15
                         28,000                           20
                         42,000                           30
                         56,000                           40
                         70,000                           50

         For the purpose of interpolation and extrapolation  calculations,  "Coke
         Burn-Off Rate"  shall be construed to be equivalent  to "Process Weight
         Rate".
                                               - 24 -

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          5.3  No person  shall  cause  or allow particulate  emissions from fluid coking
               operations into  the  atmosphere in  excess of the quantities as indicated
               in Table 5.

                                           TABLE  5

                                ALLOWABLE  MASS EMISSION RATE
                                FROM  FLUID COKING OPERATIONS

                    Process  Weight  Rate              Mass  Emission Rate
                     (Barrels  Per Day)                 (Pounds Per Hour)

                         5,000                               15
                        10,000                               30
                        15,000                               50
                        20,000                               70
                        30,000                              100
                        40,000                              125
                        50,000                              150

(51.21)   Section 6 - Restrictions  on Prill  Tower Operations

          6.1  Except as  provided for in Section  6.2, no person  shall  cause or allow
               particulate emissions  from prilling  operations into the atmosphere  in
               excess of  the quantities as indicated in Table 6.

                                           TABLE  6

                                ALLOWABLE MASS EMISSION RATE
                                 FROM PRILLING OPERATIONS

                    Process  Weight  Rate              Mass  Emission Rate
                     (Pounds Per Hour)                 (Pounds Per Hour)

                         5,000                               25
                        10,000                               50
                        15,000                               75
                        20,000                              100
                        25,000                              125
                        50,000                              250
                        75,000                             375
                       100,000                              500

          6.2  If, between July 1,  1973, and October 1, 1974, the national  secondary
               ambient air quality  standards for  suspended particulate is  exceeded in
               the Metropolitan Philadelphia Interstate Air Quality Control Region due
               to a prilling operation located in New Castle County then after January  1,
               1975, no person  shall  cause or allow particulate  emissions  from prilling
               operations into  the  atmosphere in  excess of the quantities  as  indicated
               in Table 7.
                                                - 25 -

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                                          TABLE 7

                               ALLOWABLE MASS EMISSION  RATE
                                 FROM PRILLING OPERATIONS

                  Process Weight Rate               Mass Emission  Rate
                   (Pounds Per Hour)                  (Pounds  Per Hour)

                        5,000                                5
                       10,000                               10
                       15,000                               15
                       20,000                               20
                       25,000                               25
                       50,000                               50
                       75,000                               75
                      100,000                             100

(50.7)    Section 7 - Control  of Potentially Hazardous Participate  Matter

         7.1   Persons responsible for a source operation from which potentially
              hazardous particulate matter may be  emitted  such  as, but  not limited
              to, lead, arsenic, beryllium, silica,  asbestos, and  other such
              materials shall list such contaminants and their  exit concentrations
              in a written report to  the Department.  The  Department shall  assign
              emission limits on an individual basis.
                                                -  26  -

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                                     REGULATION NO.  VI

(51.3)         PARTICULATE EMISSIONS FROM CONSTRUCTION AND MATERIALS HANDLING

(2.0)    Section 1  - General  Provisions

         1.1   The purpose of this Regulation is to control  particulate emissions from
              construction and materials handling operations to a limit so as  not to
              cause a condition of air pollution.

(51.3)    Section 2 - Demolition

         2.1   No person shall  cause or allow the demolition of existing structures,
              buildings, or parts of buildings, in New  Castle County or in incorporated
              areas of Kent and Sussex Counties unless  methods are employed to control
              dust emissions.

         2.2   Such methods may include the application  of water or the use of  .other
              techniques approved by the Department.

         2.3   The restriction of Subsection 2.1 may be  extended to unincorporated
              areas of Kent and Sussex Counties in situations where the Department
              determines that demolition activities could emit dust in quantities
              sufficient to cause air pollution.

(51.3)    Section 3 - Grading, Land Clearing, Excavation and Use of Non-Paved Roads

         3.1   No person shall  cause or allow land clearing, land grading (including
              grading for roads), excavation, or the use of non-paved roads on private
              property unless methods, as indicated in  Subsection 2.2, are employed  to
              control dust emissions, when the Department determines that such activities
              could emit dust in quantities sufficient  to cause air pollution.

(51.3)    Section 4 <• Material Movement

         4.1   No person shall cause or allow visible particulate emissions of any
              material being transported by a motor vehicle.

(51.3)    Section 5 - Sandblasting

         5.1   No person shall cause or allow sandblasting or related abrasion opera-
              tions unless sufficient containment measures are taken to prevent the
              sand and/or abrasive material from traveling beyond the property line
              where the operation is being conducted.

(51.3)    Section 6 - Material Storage

         6.1   No person shall cause or allow stockpiling or other storage of material
              or transport to or from a storage facility in such  a manner as may cause
              a condition of air pollution.
                                               -  27  -

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                                    REGULATION NO.  VII

(51.9)                    PARTICULATE EMISSIONS FROM INCINERATION

(2.0)     Section 1  - General  Provisions

         1.1   The provisions  of Sections 1  and 2 of this Regulation shall  not apply to
              incineration operations disposing of refuse at a rate greater than 3,000
              pounds per hour.   Control for such operations will  be specified individ-
              ually by the Department.

         1.2   The provisions  of this Regulation shall  not apply to open-pit incinerators.
              Control  for such  operations will be specified on an individual  basis by
              the Department.

         1.3   The provisions  of this Regulation shall  not apply to incinerators which
              are used exclusively for experimentation.   Control  of such units will be
              specified on an individual basis by the  Department.

         1.4   The allowable mass emission rate for a charging rate between any two
              consecutive charging rates shall be determined by linear interpolation
              from Table 1.

         1.5   The allowable mass emission rate for a charging rate below the minimum
              charging rate shall be determined by linear extrapolation from Table 1.

         1.6   The provisions  of this Regulation shall  not apply to the start-up and
              shutdown of equipment which operates continuously or in an extended
              steady state when emissions from such equipment during start-up and
              shutdown are governed by an operation permit issued pursuant to the
              provisions of Section 3, Regulation No.  II.

(2.0)     Section 2 - Restrictions

         2.1   No person shall cause or allow particulate emissions from refuse inciner-
              ators into the  atmosphere in excess of the appropriate mass emission rate
              indicated in Table 1.

                                          TABLE 1

                             ALLOWABLE MASS EMISSION RATE FROM
                               REFUSE INCINERATION EQUIPMENT

                      Charging  Rate                     Mass Emission Rate
                    (Pounds Per Hour)                    (Pounds Per Hour)

                          100                                   0.2
                          200                                   0.4
                          300                                   0.6
                          400                                   0.8
                          500                                   1.0
                        1,000                                   2.0
                        2,000                                   3.5
                        3,000                                   5.0


                                                 -  28  -

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2.2  No person shall cause or allow the construction of any new incinerator
     except for the disposal of:
     a.  Pathological waste
     b.  Contaminated waste
     c.  Industrial waste or sludge in specific instances where no other
         method of disposal is acceptable to the Secretary.
     d.  Composted refuse or sludge from sewage treatment plants specifically
         prepared for incineration.
                                       - 29 -

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                                    REGULATION NO.  VIII

(51.6)              SULFUR DIOXIDE EMISSIONS FROM FUEL BURNING EQUIPMENT

(2.0)     Section 1  - General  Provisions

         1.1   The emission of sulfur dioxide from fuel  burning equipment shall  be con-
              trolled to a limit that shall meet the ambient air quality requirements.

         1.2   The provisions  of this Regulation shall not apply to the start-up and
              shutdown of equipment which operates  continuously or in an extended
              steady state when emissions from such equipment during start-up and
              shutdown are governed by an operation permit issued pursuant to the
              provisions of Section 3, Regulation No. II.

         1.3   This  Regulation shall not apply to fuels  used in fluid coking or
              catalyst regeneration.

         1.4   This  Regulation shall not apply to fuels  used by watercraft.

(51.6)    Section 2  - Limit on Sulfur Content of Fuel

         2.1   No person shall offer for sale, sell, or purchase any fuel having a
              sulfur content greater than one (1.0) percent by weight when such fuel
              is intended for use in any fuel burning equipment in New Castle County.
              No person shall use any fuel having a sulfur content greater than one
              (1.0) percent by weight in any fuel burning equipment in New Castle
              County.

         2.2   No person shall offer for sale, sell, purchase or use in any fuel
              burning equipment, distillate fuel oil having a sulfur content greater
              than  0.3 percent by weight.

 (2.0)    Section 3  - Emission Control in Lieu of Sulfur Content Limits of Section 2

         3.1   The limits on sulfur content established by Section 2 shall not apply to
              any fuel burning equipment employing emission control which limits sulfur
              dioxide emission to that which would result from burning, without emission
              control, a fuel permitted by Section 2.  In order to employ an emission
              control rather than sulfur content limits as a means of complying with
              this  Regulation, an owner or operator of fuel burning equipment must
              demonstrate to the Department in advance that the equivalent emission
              will  be achieved.
                                                 - 30 -

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                                     REGULATION  NO.  IX

(51.0)               SULFUR DIOXIDE EMISSIONS FROM INDUSTRIAL OPERATIONS

(2.0)     Section 1  - General  Provisions

         1.1   The emission of sulfur dioxide from process  operations  shall  be  con-
              trolled to a limit that shall  meet the ambient air quality  require-
              ments.

         1.2   For all tables  in this Regulation, unless otherwise indicated, the
              emission limitation for a production rate between  any two consecutive
              production rates shall be determined by linear interpolation.

         1.3   For all tables  in this Regulation, unless otherwise indicated, the
              emission limitation for a production rate above the maximum production
              rate or below the minimum production rate shall  be determined by linear
              extrapolation.

         1.4   The provisions  of this Regulation  shall not  apply  to the start-up and
              shutdown of equipment which operates continuously  or in an  extended
              steady state when emissions from such equipment during  start-up  and
              shutdown are governed by an operation permit issued pursuant to  the
              provisions of Section 3, Regulation No. II.

(51.18)  Section 2 - Restrictions on Sulfun'c Acid Manufacturing Operations

         2.1   No person shall cause or allow the emission  of sulfur dioxide in the
              tail  gases from any existing sulfuric acid manufacturing operation to
              exceed either a concentration of 1,000 parts per million by volume or
              a mass emission rate as specified  in Table 1.

                                          TABLE  1

                    ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE FROM
                      EXISTING SULFURIC ACID MANUFACTURING OPERATIONS

                  Production  Rate                       Mass Emission Rate
                   (Tons Per  Day)                        (Pounds Per Hour)

                         100                                     75
                         300                                    210
                         500                                    345
                         700                                   480
                         900                                    615
                        1100                                    750
                        1300                                   885
                        1500                                   1020

         2.2   No person shall cause or allow the emission  of sulfur dioxide in the
              tail  gases from new sulfuric acid  manufacturing operations  to exceed
              either a concentration of 500 parts per million by volume or a mass
              emission rate as specified in Table 2.
                                               - 31 -

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                                          TABLE 2

                    ALLOWABLE MASS EMISSION RATE OF  SULFUR DIOXIDE  FROM
                        NEW SULFURIC ACID MANUFACTURING OPERATIONS

                Production Rate                            Mass  Emission  Rate
                 (Tons Per Day)                             (Pounds Per Hour)

                       TOO                                         38
                       300                                       105
                       500                                       173
                       700                                       240
                       900                                       308
                      1100                                       375
                      1300                                       443
                      1500                                       510

(51.19)   Section 3 - Restriction on Sulfur Recovery  Operations

         3.1   No person shall cause or allow the emission of sulfur dioxide  in  the
              tail gases from existing sulfur recovery operations to exceed  either
              a concentration of 2,000 parts per million by volume  or  a mass emission
              rate as specified in Table 3.

                                          TABLE 3

                      ALLOWABLE MASS EMISSION RATE OF SULFUR DIOXIDE
                      	FROM SULFUR RECOVERY OPERATIONS	

                Production Rate                            Mass  Emission  Rate
                 (Tons Per Day)                             (Pounds Per Hour)

                       50                                        425
                      100                                        550
                      200                                        800
                      300                                        1050
                      400                                        1300
                      500                                        1550
                      600                                        1800
                      700                                        2050
                      800                                        2300
                      900                                        2550
                     1000                                        2800

         3.2   No person shall cause or allow the emission of sulfur dioxide  in  the
              tail gases from new sulfur recovery  operations to  exceed either  a con-
              centration of 2,000 parts per million  by volume or a  mass emission rate
              as specified in Table 3.
                                                -  32  -

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(51.6)    Section.£ - Stack Height Requirements

         4.1   Minimum stack heights for new sources of sulfur dioxide will  be determined
              by the Department on an individual  basis.   Such stack  height  requirements
              will be based on considerations such as, but not limited to,  existing
              ambient levels of sulfur dioxide,  local  sources, atmospheric  dispersion
              calculations, land use, and population density.
                                               - 33 -

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                                     REGULATION NO.  X

(50.2)                       CONTROL OF SULFUR DIOXIDE EMISSIONS
                                 KENT AND SUSSEX COUNTIES

(50.2)    Section 1  - Requirements for Existing Sources of Sulfur Dioxide

         1.1   If in the course of field investigations the Department determines that
              the ambient air standards for sulfur dioxide are being  exceeded,  the
              Department shall determine the sources responsible for  the  excess levels
              of sulfur dioxide.   The Department shall determine the  reductions required
              to attain stated air quality standards on the basis of  such equitable
              methods as the Department may establish.  In the Department's deliberations
              on how the reductions will be attained, it shall make use of appropriate
              provisions in Section 2 of this Regulation and shall  also consider the
              relative contributions of different emission sources.

(10.0)
(50.2)    Section 2 - Requirements for New Sources of Sulfur Dioxide

         2.1   The mass emission rate of sulfur dioxide from any individual source,  for
              example, combustion operations or manufacturing processes,  shall  be de-
              termined by acceptable atmospheric dispersion equations in  order to meet
              the air quality standards contained in Regulation III.

         2.2  Where multiple sources of sulfur dioxide may occur, either  due to the
              building of multiple sources, or the building of a single new source
              on the property adjacent to an existing source or sources,  the Department
              will  consider the additive effect due to the proximity  of the source or
              sources to each other or to other existing sources in judging whether the
              ambient air quality standards may thus be exceeded.  In such instances,
              the Department may require a discharge of less sulfur dioxide to the
              atmosphere for the new source than would be considered  permissible from
              the "Engineering Guides".

         2.3  Emissions of sulfur dioxide from watercraft and from sources where less
              than 3.0 pounds per hour of sulfur dioxide are discharged,  are excluded
              from the provisions of this Regulation.

         2.4  Any operation whose emissions are also controlled by Regulation No. IX
              shall be subject to the more restrictive of the two Regulations.
                                                -  34  -

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(51.0)
                            REGULATION NO.  XI

        CARBON MONOXIDE EMISSIONS FROM INDUSTRIAL PROCESS OPERATIONS
                                     NEW CASTLE COUNTY
(2.0)
Section 1 - General Provisions
         1.1   The provisions of this Regulation shall  not apply to the start-up and
              shutdown of equipment which operates continuously or in an extended
              steady state when emissions from such equipment during start-up and
              shutdown are governed by an operation permit issued pursuant to the
              provisions of Section 3, Regulation No.  II.

(51.15)  Section 2 - Restrictions on Petroleum Refining Operations

         2.1   In New Castle County, no person shall cause or allow the emission of
              carbon monoxide from any catalytic regeneration of a petroleum cracking
              system, petroleum fluid coker, or other petroleum process into the
              atmosphere, unless the carbon monoxide is burned at 1300°F for 0.3
              seconds or greater in a direct-flame afterburner or boiler, or is con-
              trolled by an equivalent technique.

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                                    REGULATION NO.  XII

(51.7)               NITROGEN OXIDE EMISSIONS FROM FUEL  BURNING EQUIPMENT

                                     NEW CASTLE COUNTY

(2.0)    Section 1  - General Provisions

         1.1   The provisions of this Regulation shall  not apply where the heat input
              to the equipment is less than 500 million BTU per hour.

         1.2   The provisions of this Regulation shall  not apply to fuel  burning equip-
              ment when the heat produced in such equipment is used for some purpose
              other than the production of steam.

         1.3   The provisions of this Regulation shall  not apply to the start-up and
              shutdown of equipment which operates continuously or in an extended
              steady state when emissions from such equipment during start-up and
              shutdown are governed by an operation permit issued pursuant to the
              provisions of Section 3, Regulation No.  II.

(2.0)    Section 2 - Emission Limits in New Castle County

         2.1   After July 1, 1976 no person shall cause or allow the emission of
              nitrogen oxides from fuel burning equipment in New Castle County
              in excess of the following limits:

              a.  From fuel burning equipment fired with gas:  0.2 pounds per
                  million BTU of heat input, maximum 2-hour average.

              b.  From fuel burning equipment fired with fuels other than gas:

                  0.3 pounds per million BTU of heat input, maximum 2-hour average.

         2.2   Emissions of nitrogen oxides shall be calculated as nitrogen dioxide
              for the purposes of this Regulation.

         2.3   When different fossil fuels are burned simultaneously  in any combination,
              the applicable standard shall be determined by proration based on percent
              of total heat input derived from each fuel.
                                                - 36 -

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(51.13)                             REGULATION NO.  XIII
                                       OPEN BURNING
(2.0)    Section 1  - General Provisions
         1.1   The following operations are not subject to this Regulation:
              a.  Fires used only for cooking of food for human beings;
              b.  Fires used for recreational purposes;
              c.  Flares.
(2.0)    Section 2 - General Restrictions
         2.1   No person shall cause or allow the disposal of refuse by open burning.
         2.2  No person shall cause or allow open burning in the conduct of a salvage
              operation.
         2.3  No person shall cause or allow open burning in the area north of the
              Chesapeake and Delaware Canal or within the corporate limits  of any
              municipality except for purposes of agricultural operations which
              shall require the prior written approval of the Department.
         2.4  No person shall cause or allow any other open burning operation without
              the prior written approval of the Department except as provided in Sec-
              tion 4 and 5 of this Regulation.
         2.5  Prior to approving any open burning operation the Department shall con-
              sider the following factors:
              a.  Distance from the nearest populated area;
              b.  Distance from any roadway;
              c.  Distance from any military, commercial, county, municipal, or
                  private airport or landing strip;
              d.  Distance from areas of high public use where a large number of
                  people may congregate such as a national reservation, state park,
                  wildlife area, or state forest;
              e.  Number of residences in the immediate vicinity of the operation; and
              f.  The time at which the operation is to be conducted.
         2.6  Open burning shall not be approved by the Department if:
              a.  It will  cause a condition of air pollution; or
              b.  It will  interfere with the attainment or maintenance or any air
                  quality standard specified in Regulation No. III.
                                                - 37 -

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         2.7  No person shall  cause or allow approved open burning when, in the
              judgment of the  Department:

              a.  Adverse meteorological  conditions exist, or

              b.  Ambient air  quality will  be adversely affected.

         2.8  This Section shall  not regulate:

              a.  Open burning for plant disease or pest control,  which shall be
                  regulated by Section 3 of this Regulation.

              b.  Open burning for fire fighting exercises, which  shall be
                  regulated by Section 4 of this Regulation.

              c.  Domestic burning, which shall be regulated by Section 5 of this
                  Regulation.

(51.13)  Section 3 - Open Burning for Plant Disease or Pest Control

         3.1  No person shall  cause or allow burning for plant disease or pest control
              prior to obtaining the written approval of the Department.  Approval
              shall not be granted unless the applicant has documented to the satis-
              faction of the Department that destruction by fire is the only effective
              means of control.

(51.13)  Section 4 - Open Burning for Fire Fighting Exercises

         4.1  Open burning for fire fighting instruction conducted at the Delaware
              State Fire School Training Center shall not be subject to this Regu-
              lation.                                           •

         4.2  No person shall  cause or allow open burning for fire fighting instruction
              at locations other than the Fire Training Center unless such operation
              meets with the following requirements:

              a.  A written request has been made to the State Fire School Director; and

              b.  Prior notification has been given to the Department; and

              c.  The fire fighting instruction is .supervised by an instructor approved
                  by the State Fire School.

         4.3  No person shall  cause or allow open burning for the removal of a fire
              hazard unless such operation meets the following requirements:

              a.  A written recommendation as to the necessity of the operation has
                  been obtained from the State Fire Marshal; and

              b.  Prior notification has been given to the Department; and

              c.  A fire company is present during the entire operation.
                                               - 38 -

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(51.13)  Section 5 - Domestic Burning

         5.1   No person shall cause or allow the open burning of leaves north of
              the Chesapeake and Delaware- Canal.

         5.2   Except as limited by Section 5.1, domestic burning may be conducted
              without prior approval subject to the following restrictions:

              a.  No person shall cause or allow domestic burning except between
                  the hours of 10:00 a.m. and 4:00 p.m., local time.

              b.  No person shall cause or allow domestic burning when a burning
                  ban has been declared by the State Fire Marshal.

              c.  No person shall cause or allow domestic burning when an Air
                  Stagnation Advisory exists as issued by the Department.

              d.  No person shall cause or allow domestic burning unless it is
                  conducted as far as practicable from adjacent properties.

              e.  No person shall cause or allow domestic burning in such a manner
                  as to prevent attainment or maintenance of any air quality stan-
                  dard specified in Regulation No. Ill or to cause air pollution.
                                                - 39 -

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(50.1.2)                              REGULATION NO.  XIV

                                      VISIBLE EMISSIONS

(2.0)     Section 1  - General  Provisions

         1.1   The purpose of this Regulation is to control  the emissions  of visible
              air contaminants from all stationary sources.

         1.2   Measurements of air contaminant visibility shall  be in  accordance with
              accepted practices of Ringelmann values  or opacity percentages.

         1.3   The provisions of this Regulation shall  not apply to the start-up and
              shutdown of equipment which operates continuously or in an  extended
              steady state when emissions from such equipment during  start-up  and
              shutdown are governed by an operation permit issued pursuant to  the
              provisions of Section 3, Regulation No.  II.

(2.0)     Section 2 - Requirements

         2.1   No person shall cause or allow the emission of visible  air  contaminants
              and/or smoke from a stationary source, the shade or appearance of which
              is greater than either a Number 1 of the Ringelmann Smoke Chart  or twenty
              (20%) percent opacity for an aggregate of more than three (3) minutes in
              any one (1) hour or more than fifteen (15) minutes in any twenty-four(24)
              hour period.
                                                 - 40 -

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(8.0)                                 REGULATION NO.  XV

                          AIR POLLUTION ALERT AND EMERGENCY  PLAN

(2.0)     Section 1  - General  Provisions

         1.1   Air Pollution Emergency Plans are required to  assure that during  adverse
              weather conditions air contaminants in the atmosphere shall  not increase
              in concentration to a degree that would be detrimental  to the  health,
              welfare and safety of the population.

         1.2   Whenever the Department determines that the conditions of Section 2  have
              been  met at any single air quality monitoring  station in  the State of
              Delaware, the applicable stage of this plan shall  be declared  by  the
              Department for that Air Quality Region in which the monitoring station
              is located.

         1.3   To assure compliance with this Regulation, sources  designated  by  the
              Department shall submit Standby Plans in accordance with  Section  4 or
              this  regulation.

(8.0)     Section 2  - Stages and Criteria

         2.1   Air Pollution Watch -  An Air Pollution Watch  shall be activated  by  the
              Department when the National Weather Service issues an Air Stagnation
              Advisory which includes areas of the State of  Delaware or when the
              Department Meteorologist forecasts an air stagnation period for the
              State, and when such air stagnation is forecast to continue for the  next
              36 hours.

         2.2   Alert-Stage I - An Alert-Stage I status shall  be declared when any one
              of the following conditions occur at any air quality monitoring station
              in the State of Delaware and when a condition  of air stagnation is fore-
              cast to continue for at least an additional twelve hours:

              a.  The 6-hour average concentration of sulfur dioxide is equal to or
                  exceeds 0.30 parts per million.

              b.  The 6-hour average of soiling index is equal to or exceeds 4.0 COHS.

              c.  The product of the 24-hour average ambient air concentration of
                  sulfur dioxide in parts per million and the 24-hour average
                  soiling index in COHS is equal to or exceeds 0.50 parts per million
                  COHS.

              d.  The 24-hour average concentration of nitrogen dioxide is equal
                  to or exceeds 0.20 parts per million.

         2.3  Alert-Stage II - An Alert-Stage II status shall be declared when any one
              of the following conditions occur at any air quality monitoring station in
              the State of Delaware and when a condition of air stagnation is forecast
              to continue for at least an additional twelve hours:
                                                - 41 -

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     a.   The 6-hour average concentration of sulfur dioxide is equal  to or
         exceeds 0.50 parts per million.

     b.   The 6-hour average of soiling index is equal  to or exceeds 6.0 COHS.

     c.   The product of the 24-hour average ambient air concentration of sulfur
         dioxide in parts per million and the 24-hour average soiling index in
         COHS is equal to or exceeds 0.90 parts per million - COHS.

     d.   The 4-hour average concentration of ozone is equal to or exceeds
         0.25 parts per million.

     e.   The 24-hour average concentration of nitrogen dioxide is equal to
         or exceeds 0.30 parts per million.

     f.   The 8-hour average of carbon monoxide is equal to or exceeds 30.0
         parts per million.

2.4  Alert-Emergency Stage - An Alert-Emergency Stage status shall be declared
     when any one of the following conditions occur at any air quality moni-
     toring station in the State of Delaware and when a condition of air stag-
     nation is forecast to continue for at least an additional twelve hours.

     a.   The 24-hour average concentration of sulfur dioxide is equal
         to or exceeds 0.60 parts per million.

     b.   The 24-hour average of soiling index is equal to or exceeds 7.0 COHS.

     c.   The product of the 24-hour average ambient air concentration of sulfur
         dioxide in parts per million and the 24-hour average soiling index in
         COHS is equal to or exceeds 1.40 parts per million - COHS.

     d.   The 8-hour average concentration of carbon monoxide is equal to or
         exceeds 40.0 parts per million.

     e.   The 4-hour average concentration of ozone is equal to or exceeds 0.35
         parts per million.

     f.   The 24-hour average concentration of nitrogen dioxide is equal to or
         exceeds 0.40 parts per million.

2.6  Termination - Once declared, any status reached by application of the
     criteria will remain in force until  the criteria for that status are
     no longer met.  At such time the applicable lower status shall be declared.
     Termination shall be declared when concentrations are less than Stage I
     and a weather advisory has been received that the air stagnation period
     is ended.
                                       - 42 -

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(2.0)     Section 3 - Required Actions
         1.   Air Pollution Watch - The Department shall  initiate an  increased  con-
             tinuous watch of the air quality values at  the air quality monitoring
             stations and shall  inform the public and major industries of the  sit-
             uation.	

                                           TABLE 1
                                EMISSION REDUCTION  OBJECTIVES
         Source
         1.   Coal  or oil-fired electric
             power generating facilities.
Alert - Stage I
a.  Substantial reduction by utilization of
    fuels having low ash and sulfur content.

b.  Maximum utilization of atmospheric mix-
    ing for boiler lancing and soot blowing
    at times to be specified by the De-
    partment.

c.  Substantial reduction by diverting elec-
    tric power generation to facilities out-
    side an Alert Area.
             Coal  or oil-fired generating
             facilities having a capacity
             to burn in excess of four tons
             of coal or 600 gallons of oil
             per hour.
    Substantial reduction by utilization of
    fuels having low ash and sulfur content.

    Maximum utilization of atmospheric mix-
    ing for boiler lancing and soot blowing
    at times to be specified by the De-
    partment.

    Substantial reduction of steam load de-
    mands consistent with continuing plant
    operations.	
         3.  A. Manufacturing industries of   a.
                the following classifica-
                tions which employ twenty em-
                ployees at one location:
                Primary Metals Petroleum Re-
                fining & Related Chemical &   b.
                Allied Products; Plastic
                Paper & Allied Products; Glass,
                Clay and Hot Mix Plants; AND

             B. Other persons required by the c.
                Department to prepare plans.
    Substantial reduction of air contamin-
    ants for manufacturing operations by
    curtailing, postponing, or deferring
    production and allied operations.

    Maximum reduction by deferring trade
    waste disposal operations which emit
    particles, gases, vapors or malodorous
    substances.

    Maximum reduction of heat load demands
    for processing.

    Maximum utilization of atmospheric mix-
    ing for boiler lancing and soot blowing
    at times to be specified by the De-
    partment.
                                                 - 43 -

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3.2  Alert-Stage I

     a.   There shall be no open burning by any person;

     b.   The use of incinerators for the disposal of solid or liquid waste
         shall be limited to the hours specified by the Department, and
         plans for the alternate disposal methods will be formulated;

     c.   Persons operating fuel burning equipment which requires boiler
         lancing and soot blowing shall perform such operations only be-
         tween the hours specified by the Department;

     d.   Any person responsible for the operation of a source of air con-
         tamination as set forth in Table 1 shall take all Air Pollution
         Alert - Stage I actions as required for such source of air con-
         tamination; and shall particularly put into effect the standby
         plans for Alert - Stage I status.

3.3  Alert-Stage II

     a.   There shall be no open burning by any person;

     b.   The use of incinerators for the disposal of any form of solid or
         liquid waste shall be prohibited;

     c.   Persons operating fuel-burning equipment which requires boiler
         lancing or soot blowing shall perform such operations only be-
         tween the hours specified by the Department;

     d.   Any person responsible for the operation of a source of air con-
         tamination as set forth in Table II, shall take all Air Pollution
         Alert - Stage II actions as required for such source of air con-
         tamination; and shall particularly put into effect the standby
         plans for Alert - Stage II status.

3.4  Alert-Emergency Stage

     a.   There shall be no open burning by any person;

     b.   The use of incinerators for the disposal of any form of solid
         or liquid waste shall be prohibited;

     c.   Any person responsible for the operation of a source of air
         contamination as set forth in Table III shall take all Alert-
         Emergency Stage actions as required for such source of air con-
         tamination, and shall particularly put into effect the standby
         plans for Alert - Emergency Stage;
                                       - 44 -

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                                 TABLE II
                       EMISSION REDUCTION  OBJECTIVES
 Source
 1.   Coal  or oil-fired electric
     power generating facilities.
                               Alert - Stage II
                               a.   Maximum reduction by utilization  of
                                   fuels having  lowest ash and sulfur
                                   content.

                               b.   Maximum utilization of atmospheric
                                   mixing for boiler lancing and soot
                                   blowing at times to be specified  by
                                   the Department.

                               c.   Maximum reduction by diverting elec-
                                   tric power generation to facilities
                                   outside Alert Area.
    Coal  or oil-fired generating
    facilities having a capacity
    to burn in excess of four tons
    of coal or 600 gallons of oil
    per hour.
                                   Maximum reduction by utilization of
                                   fuels having the lowest available
                                   ash and sulfur content.

                                   Maximum utilization of atmospheric
                                   mixing for boiler lancing and soot
                                   blowing at times to be specified by
                                   the Department.

                                   Making ready for use a plan of action
                                   to be taken if an emergency develops.
3.   A.
    B.
Manufacturing industries of    c
the following classifica-
tions which employ twenty em-
ployees at one location:
Primary Metals Petroleum Re-
fining & Related Chemical &
Allied Products; Plastic       I
Paper & Allied Products; Glass,
Clay and Hot Mix Plants; AND

Other persons required by
the Department to prepare      <
plans.
Maximum  reduction of air contamin-
ants for manufacturing operations by,
if necessary, assuming economic hard-
ship by postponing production and al-
lied operations.

Maximum reduction by deferring trade
waste disposal operations which emit
particles, gases, vapors, or mal-
odorous substances.

Maximum reduction of heat load demands
for processing.

Maximum utilization of atmospheric
mixing for boiler lancing and soot
blowing at times to be specified by
the Department.	
                                       - 45 -

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                                 TABLE III
                       EMISSION REDUCTION OBJECTIVES
 Source
          or oil-fired electric
     power generating facilities.
Alert - Emergency Stage
a.  Maximum reduction by utilization of
    fuels having lowest ash and sulfur
    content.

b.  Maximum utilization of atmospheric
    mixing for boiler lancing and soot
    blowing at times to be specified by
    the Department.

c.  Maximum reduction by diverting electric
    power generating to facilities outside
    of Alert Area.
2.  Coal or oil-fired process
    steam generating facilities
    having a capacity to burn in
    excess of four tons of coal or
    600 gallons of oil per hour.
a.  Cease operation.
3.  A.  Manufacturing  industries of  a.
        the following  classifica-
        tions which employ twenty
        employees at one location:
        Primary Metals Petroleum Re-
        fining & Related Chemical &
        Allied Products; Plastic
        Paper & Allied Products;
        Glass, Clay and Hot Mix Plants;
         AND

    B.  Other industries required by
        the Department to prepare
	plans.	
    Cease operation.
                                        - 46 -

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d.  All places of employment below shall  immediately cease
    operations:

    1.  Mining and quarrying of non-metallic minerals;

    2.  All contract construction work except that which
        must proceed to avoid physical harm;

    3.  Wholesale trade establishments, i.e., places of
        business primarily engaged in selling merchandise
        to retailers, to 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;

    4.  All offices of local, county, and state government
        including authorities, joint meetings and any other
        public body, except to the extent that such offices
        must continue to operate in order to enforce the
        requirements of this order pursuant to statute;

    5.  All retail trade establishments except pharmacies and
        stores primarily engaged in the sale of food;

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

    7.  Wholesale and retail laundries, laundry services and
        cleaning and dyeing establishments; photographic studios,
        beauty shops, barber shops; shoe repair shops;

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

    9.  Automobile repair, automobile services, garages;

   10.  Establishments rendering amusement and recreation services
        including motion picture theatres;

   11.  Elementary and secondary schools, junior colleges, vocational
        schools, and public and private libraries.

e.  The use of motor vehicles is prohibited except in emergencies as
    determined by local and state police and the Department;
                              - 47" -

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                  f.   All  other manufacturing establishments  not  mentioned in  Sec-
                      tion 3.4 (a-e)  will  institute such actions  as  will  reduce
                      air contaminants from their operation by ceasing  or curtail-
                      ing operations  which emit air contaminants  to  the maximum  ex-
                      tent possible without causing injury to persons or  serious
                      damage to equipment.

(8.0)     Section 4 -  Standby Plans

         4.1   Any person responsible  for the operation of a source of air contamin-
              ation set forth in Table I or, any other person when requested by  the
              Department in writing,  shall prepare standby plans, consistent with
              good industrial practice and safe operating procedures, for reducing
              the emission of air contaminants into the ambient air  during periods
              of an Alert-Stages I and II  and Alert - Emergency Stage.  Standby
              Plans shall  be designed to reduce or eliminate  emissions  of air  con-
              taminants into the outdoor atmosphere in accordance with  objectives
              set forth in Tables I,  II, and III and shall  be approved  by the  De-
              partment.

         4.2  Standby Plans, as required under Section 4.1, shall be in written
              form and show the location of the source of air contamination, the
              approximate amount of reduction of contaminants, and a brief descrip-
              tion of the manner in which  the reduction will  be achieved  during  an
              Alert-Stages I and II and Alert-Emergency Stage.

         4.3  Standby Plans, as required by this Section, shall be submitted to  the
              Department upon request within thirty days of the receipt of such
              request.  If, in the opinion of the Department, any standby plan does
              not effectively carry out the objectives as set forth  in  Table I,  II,
              and III, the Department may  disapprove said plan, state the reason
              for disapproval and order the preparation of an amended standby  plan
              within  the time specified in the order.
                                            - 48 -

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(4.0)                                REGULATION NO.  XVI

                    SOURCES HAVING AN INTERSTATE AIR POLLUTION POTENTIAL

(2.0)     Section 1  - General  Provisions

         1.1   Air contaminant emissions within the  jurisdication of the State of
              Delaware must be controlled to the extent that a neighboring state
              regulation shall not be compromised.

         1.2   Nothing contained in this Regulation  shall  be construed as to allow
              to a  lesser degree of control  as may  be required by an additional
              Regulation adopted by the Department.

(2.0)     Section 2  - Limitations

         2.1   This  Regulation shall apply to air contaminant sources only when the
              following factors are satisfied:

              a.  The receptor state has adopted a  similar, reciprocal measure.

              b.  The receptor state has adopted ambient air quality criteria
                  or standards for the area and air contaminant in question and
                  had demonstrated that such measures are being enforced.

              c.  The receptor state demonstrates,  to the satisfaction of the
                  Department that a source within the State of Delaware is
                  substantially affecting such established criteria or standards.

(2.0)     Section 3  - Requirements

         3.1   The Department shall require existing sources of air contaminants,
              whose emissions are carried into a neighboring state, to control their
              emissions to such an extent as to not substantially affect the ambient
              air quality in the receptor state.

         3.2   All new sources of air contaminants,  whose emissions are carried into
              a neighboring state, shall control their emissions to such an extent
              as to not substantially affect the ambient air quality of the receptor
              state.
                                                - 49 -

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                                   REGULATION MO.  XVII

(13.0)                 SOURCE MONITORING.  RECORD KEEPING AND REPORTING

 (9.0)    Section 1  - Sampling and Monitoring

         1.1   Upon  written request of the Department, an owner or operator of an
              air contaminant source shall,  at his expense, install,  maintain, and
              use emission monitoring devices, keep records, and make periodic re-
              ports to the Department on  the nature and amounts of emissions  from
              such  source.  The Department shall  make  such data available to  the
              public as reported and as correlated with any applicable emission
              standards or limitations.

         1.2   Upon  written request of the Department, an owner or operator of an  air
              contaminant source shall, at his expense, sample the emissions  of,  or
              fuel  used by, that source,  maintain records and submit  reports  to the
              Department on the results of such sampling.  The Department may make
              such  data available to the  public as reported and as correlated with
              any applicable emission standards or limitations.

         1.3   The Department may conduct tests of emissions from or fuel  used by  any
              air contaminant source.  Upon  written request of the Department, the
              owner or operator of the air contaminant  source shall provide necessary
              holes in stacks or ducts, and  such other  safe and proper sampling and
              testing facilities, exclusive  of instruments and sampling devices,  if
              any be necessary, for proper determinations of the emission of air  con-
              taminants.  The Department shall have access to and use of monitoring,
              record-keeping and reporting required by  Federal Regulations relating
              to emissions of air contaminants.  The Department may make such data
              available to the public as reported or received and as correlated with
              any applicable emission standards or limitations.

         1.4   All instrumentation, analytical techniques, calculations, records,  and
              sampling locations and methods required by this Regulation shall have
              the prior approval of the Department.

         1.5   Reports required by this Regulation shall be submitted in a form approved
              by the Department and shall be signed by a corporate officer or his
              designee whose signature shall constitute his own and his employer's
              certification that the data are accurate and complete.
                                               - 50 -

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                                   REGULATION NO.  XVIII

(51.1)              PARTICIPATE EMISSIONS FROM GRAIN  HANDLING  OPERATIONS

(51.1)    Section 1  - Participate Emissions  from Grain  Dryers  and  Corn  Shellers

         1.1   No grain dryer or corn  sheller shall  emit  participate  matter  larger  in
              size  than that which will  pass through a 24  mesh  screen  (Tyler  Scale) or
              equivalent.   The technique used for controlling these  emissions need not
              be by screening but must provide particulate emission  control equivalent
              to that which would be  obtained by the use of 24  mesh  screen.

         1.2   On or before September  1,  1974, all  owners of grain dryers  or corn shellers
              shall control particulate  emissions in accordance with Section  1.1.

         1.3   Any new grain dryer or  corn sheller constructed after  the  effective  date  of
              this  Regulation shall comply  with the  emission  limitation  of  Section 1.1.

         1.4   Any installation consisting of only a  single grain  dryer with a capacity  of
              less  than 500 bushels per  hour at 5% moisture reduction  is  exempt from  this
              regulation.   In-bin grain  dryers are exempt  from  this  Regulation.

(51.1)    Section 2  - Restrictions for Chaff, Husks,  and  Cobs

         2.1   No grain dealer or grain handler shall cause or allow  storage,  accumulation,
              or collection of chaff, husks, cobs or other particulate matter from grain
              unless these particulates  are contained  in enclosures  with openings  not
              larger than  the equivalent of 24 mesh screen (Tyler Scale).

         2.2   No grain dealer or handler shall move or allow  to be moved, chaff, husks,
              or cobs from any grain, unless precautions are  taken to  prevent unnecessary
              escape of these materials  during transfer.

         2.3   On or before September  1,  1974, all  owners of facilities for  storage ac-
              cumulation or collection of chaff, husks,  cobs  or other particulate  matter
              from grain shall comply with the provisions  of  Section 2.1  of this Regulation.

         2.4   Any new facility for storage, accumulation or collection of chaff, husks,
              cobs  or other particulate matter from grain, constructed after  the effect-
              ive date of this Regulation,  shall comply  with  the emission limitation  of
              Section 2.1.

(3.0)    Section 3 - Registration, Plans of Corrective Action and Permits

         3.1   Within 45 davs after the effective date  of this regulation any  owner of
              any grain dryer, corn sheller or facility  for storage, accumulation  or
              collection of chaff, husks, and cobs shall register the installation with
              the Department of Natural  Resources and  Environmental  Control on  forms  to
              be provided  by the Department and shall  submit  a  scheduled plan of corrective
              action acceptable to the Department describing  those measures to  be  taken to
              control emissions, if necessary to comply  with  the provisions (Cont'd.)
                                                -  51  -

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     of this Regulation.

3.2  No person shall  construct or operate any grain dryer, corn sheller
     or facility for storage, accumulation or collection of chaff, husks,
     and cobs without first obtaining appropriate approval from the De-
     partment.
                                       - 52 -

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                                    REGULATION NO.  XIX

(50.6)                       CONTROL OF ODOROUS AIR  CONTAMINANTS

(2.0)    Section 1  - General  Provisions

        1.1   The purpose of this Regulation is to control  odorous  air contaminants
             which significantly effect the citizens of the State  outside  the  bound-
             aries of the air contaminant source.

        1.2   Methods for determining a condition of air pollution  due to an  odorous
             air contaminant may include, but are not limited to,  scentometer  tests,
             air quality monitoring, and affidavits from affected  citizens and in-
             vestigators.

(2.0)    Section 2 - Requirements

        2.1   No person shall cause or allow the emission of an odorous air contaminant
             such as to cause a condition of air pollution.
                                               - 53 -

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FEDERALLY PROMULGATED
    REGULATIONS
           -  54 -

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(10.0)   52.426     Review of New or  Modified  Indirect  Sources

            (b)  Regulation for Review of New or Modified Indirect Sources

                 (1)  All terms used in this paragraph but not specifically defined
                      below shall have the meaning given them in 52.01 of this chapter.

                      (i)     The term "indirect source" means a facility, building,
                              structure, or installation which attracts or may attract
                              mobile source activity that results in emissions of a
                              pollutant for which there is a national standard.  Such
                              indirect sources include, but are not limited to:

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial and industrial facilities.

                              (d)  Recreation, amusement, sports and entertainment
                                   facilities.

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)   Education facilities.

                      (ii)    The term "Administrator" means the Administrator of the
                              Environmental Protection Agency or his designated agent.

                      (iii)   The term "associated parking area" means a  parking facil-
                              ity or facilities owned and/or operated in  conjunction
                              with  an indirect source.

                      (iv)    The term "aircraft operation" means an aircraft take-off
                              or landing.

                      (v)     The phrase  "to commence construction" means to engage in
                              a continuous program of on-site construction including
                              site  clearance, grading, dredging, or land  filling specif-
                              ically designed for an  indirect source in preparation for
                              the fabrication, erection, or installation  of the build-
                              ing components of the indirect source.  For the purpose
                              of this paragraph, interruptions  resulting  from acts of
                              God,  strikes, litigation, or other matters  beyond the
                              control of  the owner shall be disregarded in determining
                              whether a construction  or modification program is contin-
                              uous.
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     (vi)     The  phrase  "to  commence  modification"  means  to  engage  in
             a  continuous  program of  on-site modification, including
             site clearance,  grading,  dredging,  or  land filling  in
             preparation for specific modification  of  the indirect
             source.

     (vii)    The  term "highway  section"  means  the development  propo-
             sal  of a highway of substantial length between  logical
             termini  (major  crossroads,  population  centers,  major
             traffic generators, or similar major highway control ele-
             ments) as normally included in a  single location  study or
             multi-year  highway improvement program as set forth in
             23 CFR 770.201  (38 FR 31677).

     (viii)   The  term "highway  project"  means  all or a portion of a
             highway section which would result  in  a specific  con-
             struction contract.

     (ix)     The  term "Standard Metropolitan Statistical  Area  (SMSA)"
             means such  areas as designated by the  U.S. Bureau of the
             Budget in the following  publication:   "Standard Metro-
             politan Statistical Area,"  issued in 1967, with subse-
             quent amendments.

(2)   The requirements of this paragraph  are applicable to the  follow-
     ing:

     (1)     In an SMSA:

             (a)   Any new parking facility or  other new indirect
                  source with an associated parking area, which  has a
                  new parking capacity of 1,000  cars or more;  or

             (b)   Any modified  parking facility, or any modification
                  of an  associated parking area, which increases
                  parking capacity by 500 cars or more;   or

             (c)   Any new highway project with an anticipated  average
                  annual daily  traffic volume  of 20,000 or more  vehi-
                  cles per day  within ten years  of  construction; or

             (d)   Any modified  highway project which will increase
                  average annual daily traffic volume  by  10,000  or
                  more vehicles per  day  within ten  years  after modifi-
                  cation.

     (ii)     Outside an  SMSA:

             (a)   Ar.y new parking facility,  or other new  indirect
                  source with an associated  parking area, which  has
                  a parking  capacity of  2,000  cars  or more;   or
                             -  56 -

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             (b)  Any modified parking facility, or any modification
                 of an associated parking area, which increases park-
                 ing capacity by 1,000 cars or more.

     (iii)    Any airport, the construction or general modification
             program of which is expected to result in the following
             activity within ten years of construction or modifica-
             tion:

             (a)  New airport:  50,000 or more operations per year by
               .  regularly scheduled air carriers, or use by 1,600,000
                 or more passengers per year.

             (b)  Modified airport:  Increase of 50,000 or more opera-
                 tions per year by regularly scheduled air carriers
                 over the existing volume of operations, or increase
                 of 1,600,000 or more passengers  per year.

     (iv)     Where  an indirect source is constructed or modified in
             increments which individually are not subject to review
             under  this paragraph, and which are not part of a program
             of construction or modification in planned incremental
             phases approved by the Administrator, all such increments
             commenced after December 31, 1974, or after the latest
             approval hereunder, whichever date is most recent, shall
             be added together for determining the applicability of
             this paragraph.

(3)   No owner or operator of an indirect source subject to this para-
     graph shall commence construction or modification of such source
     after December 31, 1974, without first obtaining approval from
     the Administrator.  Application for approval  to construct or mod-
     ify shall be by means prescribed by the Administrator, and shall
     include a copy of any draft or  final environmental impact state-
     ment which has been  prepared  pursuant to the  National Environmen-
     tal Policy Act (42 U.S.C. 4321).  If not included in such environ-
     mental impact  statement, the Administrator may  request the follow-
     ing information:

     (i)     For all  indirect sources subject to this paragraph, other
             than highway projects:

             (a)  The name and address of the applicant.

             (b)  A map showing the  location of the  site  of  indirect
                  source  and  the  topography  of the area.

             (c)  A description of the proposed use  of the site,  in-
                  cluding the normal hours of operation of the facil-
                  ity, and the general types of activities to be op-
                 erated  therein.
                            - 57 -

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        (d)  A  site  plan  showing  the  location of  associated
            parking areas,  points of motor  vehicle  ingress and
            egress  to  and  from the site and its  associated
            parking areas,  and the location and  height of
            buildings  on the  site.

        (e)  An identification of the principal roads, highways,
            and intersections that will be  used  by  motor vehi-
            cles moving  to  or from the indirect  source.

        (f)  An estimate, as of the first year after the date
            the indirect source  will be substantially complete
            and operational,  of  the  average daily traffic vol-
            umes, maximum  traffic volumes for one-hour and
            eight-hour periods,  and  vehicle capacities of the
            principal  roads,  highways, and  intersections iden-
            tified  pursuant to subdivision  (i) (e)  of this sub-
            paragraph  located within one-fourth  mile of all
            boundaries of  the site.

        (g)  Availability of existing and projected  mass transit
            to service the site.

        (h)  Where approval  is sought for indirect sources to be
            constructed  in incremental phases, the  information
            required by  this  subparagraph (3) shall  be submitted
            for each phase of the construction project.

        (i)  Any additional  information or documentation that the
            Administrator  deems  necessary to determine the air
            quality impact of the indirect  source,  including the
            submission of  measured air quality data at the pro-
            posed site prior  to  construction or  modification.
(ii)     For airports:
        (a)   An estimate of the average number and maximum number
             of aircraft operations  per day by type of aircraft
             during the first,  fifth and tenth years after the
             date of expected completion.

        (b)   A description of the commercial,  industrial,  resi-
             dential and other  development that the applicant
             expects will  occur within three miles of the  perim-
             eter of the airport within the first five and the
             first ten years after the date of expected comple-
             tion.

        (c)   Expected passenger loadings at the airport.

        (d)   The information required under subdivisions  (i)  (a)
             through (i) of this subparagraph.
                       -  58  -

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     (iii)   For highway projects:

            (a)  A description of the average and maximum traffic
                 volumes for one, eight, and 24-hour time periods
                 expected within 10 years of date of expected comple-
                 tion.

            (b)  An estimate of vehicle speeds for average and maxi-
                 mum traffic volume conditions and the vehicle capac-
                 ity of the highway project.

            (c)  A map showing the location of the highway project,
                 including the location of buildings along the right-
                 of-way .

            (d)  A description of the general features of the high-
                 way project and associated right-of-way, including
                 the approximate height of buildings adjacent to the
                 highway.

            (e)  Any additional information or documentation that the
                 Administrator deems necessary to determine the air
                 quality impact of the indirect  source,  including the
                 submission of measured air quality data at the pro-
                 posed site prior to construction or modification.

     (iv)    For  indirect sources other than airports and those high-
            way  projects subject to the provisions of  paragraph  (b)
            (6)  (iii) of this section, the air quality monitoring re-
            quirements of  paragraph  (b) (3) (i)  (i) of this section
            shall  be limited to carbon monoxide, and shall be con-
            ducted for a period of not more than 14 days.

(4)   (i)     For  indirect sources other than highway projects and air-
            ports, the Administrator shall not approve an application
            to construct or modify if he  determines that the indirect
            source will:

             (a)   Cause a violation of the control  strategy of any
                  applicable  state  implementation plan;  or

             (b)   Cause or  exacerbate a violation of the  national stan-
                  dards  for carbon monoxide  in any  region or  portion
                  thereof.

     (ii)    The  Administrator  shall  make  the  determination pursuant
             to paragraph  (b)  (4)  (i)  (b)  of this section by  evaluat-
             ing  the  anticipated  concentration of carbon  monoxide at
             reasonable  receptor or exposure sites  which  will be  af-
             fected by  the  mobile  source activity expected to be  at-
             tracted  by  the indirect  source.   Such  determination  may
             be made  by  using  traffic  flow characteristic guidelines
                            - 59 -

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             published  by  the  Environmental  Protection  Agency  which
             relate  traffic  demand  and  capacity  considerations to  am-
             bient carbon  monoxide  impact,  by  use  of appropriate at-
             mospheric  diffusion  models (examples  of which  are refer-
             enced in Appendix 0  to Part 51  of this  chapter),  and/or
             by any  other  reliable  analytic method.   The applicant
             may (but need not) submit  with his  application, the re-
             sults of an appropriate diffusion model  and/or any other
             reliable analytic method,  along with  the technical data
             and information supporting such results.  Any  such results
             and supporting  data  submitted  by  the  applicant shall  be
             considered by the Administrator in  making his  determina-
             tion pursuant to  paragraph (b) (4)  (i)  (b) of  this sec-
             tion.

(5)   (i)      For airports  subject to this paragraph, the Administrator
             shall base his  decision on the approval or disapproval of
             an application  on the  considerations  to be published  as
             an Appendix to  this  Part.

     (ii)    For highway projects and parking  facilities specified
             under paragraph (b)  (2) of this section which  are assoc-
             iated with airports, the requirements and procedures
             specified  in  paragraphs (b) (4) and (6) (i) and  (ii)  of
             this section  shall be met.

(6)   (i)      For all highway projects subject  to this paragraph,  the
             Administrator shall  not approve an  application to con-
             struct  or  modify if he determines that the indirect  source
             will:

             (a)  Cause a violation of the control strategy of any ap-
                  plicable state implementation  plan;  or

             (b)  Cause or exacerbate a violation of the national  stan-
                  dards for carbon monoxide in any region or portion
                  thereof.

     (ii)    The determination pursuant to paragraph (b) (6)   (i)   (b)
             of this section shall  be made by evaluating the anticipa-
             ted concentration of carbon monoxide at reasonable  re-
             ceptor or exposure sites which will be affected by the
             mobile source activity expected on the highway for the ten
             year period following the expected date of completion ac-
             cording to the procedures specified in paragraph  (b) (4)
             (ii) of this section.

     (iii)   For  new highway projects  subject to this  paragraph with
             an anticipated average daily traffic volume of 50,000 or
             more vehicles within  ten years of construction, or mod-
             ifications to highway projects subject  to this paragraph
             which will increase average daily traffic volume  by  25,000
                             - 60 -

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             or more vehicles  within  ten years  after modification,  the
             Administrator's  decision on the  approval  or disapproval
             of an application shall  be based on  the considerations to
             be published as  an Appendix to this  Part in addition  to
             the requirements  of paragraph  (b)  (6)  (i)  of this  section.

(7)   The determination of the  air quality  impact  of a proposed  indi-
     rect source "at reasonable receptor or exposure sites", shall  mean
     such locations where people might reasonably be exposed for time
     periods consistent with  the national  ambient air quality standards
     for the pollutants specified for analysis  pursuant to this para-
     graph.

(8)   (i)     Within 20 days after receipt  of  an application or  addition
             thereto, the Administrator shall advise the owner  or opera-
             tor of any deficiency in the  information submitted in sup-
             port of the application.  In  the event of such a defi-
             ciency, the date of receipt of the application for the
             purpose of paragraph (b) (8)  (ii)  of this section  shall
             be the date on which all required information is received
             by the Administrator.

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

             (a)  Make a preliminary determination whether the  indirect
                  source should be approved,  approved with conditions
                  in accordance with paragraphs (b) (9) or (10) of this
                  section, or disapproved.

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

             (c)  Notify the public, by prominent advertisement in a
                  newspaper of general circulation  in each region in
                  which the proposed indirect source would be con-
                  structed, of the opportunity for written public com-
                  ment on the  information submitted by the owner or
                  operator and the Administrator's  preliminary deter-
                  mination on  the approvability of  the indirect source.

     (iii)   A  copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and  agencies having cognizance  over the location where
             the  indirect source will be situated,  as follows:   State
             and  local air pollution control  agencies, the chief exec-
             utive of the city and county;   any comprehensive regional
                             -  61  -

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             land  use  planning  agency;  and  for  highways, any  local
             board or  cormrittee charged with  responsibility for activ-
             ities in  the  conduct of  the  urban transportation  planning
             process (3-C  process)  pursuant  to 23 U.S.C. 134.

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

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

     (vi)     The Administrator  may  extend each of the time periods
             specified in  paragraphs  (b)  (8)  (ii),  (iv), or  (v) of
             this  section  by  no more  than 30 days, or such other peri-
             od as agreed  to  by the applicant and the Administrator.

(9)   (i)      Whenever  an indirect source  as  proposed  by an owner or
             operator's  application would not be permitted to  be con-
             structed  for  failure to  meet the tests set forth  pursuant
             to paragraphs (b)  (4)  (i),  (b)  (5)  (i),  or (b)  (6)  (i)
             and  (1ii) of  this  section, the  Administrator may  impose
             reasonable  conditions  on an  approval related to the air
             quality aspects  of the proposed indirect source so that
             such  source,  if  constructed  or  modified  in accordance
             with  such conditions,  could  meet the tests set  forth
             pursuant  to paragraphs (b)  (4)  (i), (b)  (5)  (i),  or  (b)
             (6)  (i) and (iii)  of this section.  Such conditions may
             include,  but  not be limited  to:

             (a)   Binding  commitments to  roadway improvements  or ad-
                  ditional mass transit  facilities  to serve  the  in-
                  direct source secured by the owner  or operator from
                  governmental  agencies having jurisdiction  thereof;

             (b)   Binding  commitments by  the owner  or operator to
                  specific programs for mass transit  incentives  for
                  employees and patrons of the source;  and

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              (c)   Binding  commitments  by  the  owner or operator to con-
                   struct,  modify,  or operate  the  indirect source in
                   such  a manner as may be necessary  to  achieve the
                   traffic  flow  characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant  to paragraph
                   (b)  (4)  (ii)  of  this section.

      (ii)     The  Administrator  may specify that any  items of informa-
              tion provided in an application  for  approval related to
              the  operation of an indirect source  which  may affect the
              source's  air  quality  impact  shall  be considered permit
              conditions.

(10)   Notwithstanding the  provisions relating  to modified indirect
      sources contained in  paragraph (b) (2) of  this  section, the Ad-
      ministrator  may condition  any approval by  reducing the  extent to
      which the indirect source  may be  further modified  without resub-
      mission for  approval  under this  paragraph.

(11)   Any owner or operator who  fails  to construct an indirect source
      in accordance with the application as approved  by  the Administra-
      tor;   any owner or operator who  fails to construct and  operate an
      indirect source in accordance with conditions  imposed by the Ad-
      ministrator  under paragraph (b)  (9)  of this  section;  any owner
      or operator  who modifies an indirect source  in  violation of con-
      ditions imposed by the Administrator under paragraph  (b) (10) of
      this  section;  or any owner or operator  of an  indirect  source
      subject to this paragraph  who commences  construction or modifi-
      cation thereof after December 31, 1974,  without applying for  and
      receiving approval hereunder, shall  be subject  to  the penalties
      specified under section 113 of the Act and shall  be considered  in
      violation of an emission  standard or limitation under section 304
      of the Act.   Subsequent modification to  an approved  indirect
      source may be made without applying for  permission pursuant to
      this paragraph only where  such modification  would  not violate any
      condition imposed pursuant to paragraphs (b) (9)  and  (10) of  this
      section and  would not be  subject to the  modification criteria set
      forth in paragraph (b) (2) of this section.

(12)   Approval to  construct or  modify shall become invalid  if construc-
      tion or modification is not commenced within 24 months  after  re-
      ceipt of such approval.  The  Administrator may extend such  time
      period upon  satisfactory  showing that an extension is justified.
      The applicant may apply for such an extension  at the  time  of  ini-
      tial  application or at any time thereafter.

(13)   Approval to construct or modify shall not relieve any  owner or
      operator of the responsibility to comply with  the  control  strategy
      and all local, State and  Federal  regulations which are  part of  the
      applicable State implementation plan.
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(14)   Where the Administrator delegates  the responsibility for imple-
      menting the procedures  for conducting indirect source review pur-
      suant to this paragraph to any agency,  other than  a  regional  of-
      fice of the Environmental  Protection Agency, the following pro-
      visions shall apply:

      (i)      Where the agency designated is  not an air pollution
              control  agency, such agency shall  consult the appropri-
              ate State or local air pollution  control agency prior to
              making any determination required by paragraphs (b) (4),
              (5), or (6) of this section.  Similarly, where the agency
              designated does not have continuing responsibilities for
              land use planning, such agency  shall consult with the
              appropriate State or local  land use and transportation
              planning agency prior to making any determination re-
              quired by paragraph (b) (9) of this section.

      (ii)    The Administrator of the Environmental Protection Agency
              shall conduct the indirect source review pursuant to
              this paragraph for any indirect source owned or operated
              by the United States Government.

      (iii)   A copy of the notice required pursuant to paragraph (b)
              (8) (ii) (c)  of this section shall be sent to the Admin-
              istrator through the appropriate Regional  Office.

(15)   In any area in which  a "management of parking supply" regulation
      which has been promulgated by the Administrator is in effect, in-
      direct sources which are subject to review under the terms of such
      a regulation shall not be required to seek review under this para-
      graph but instead shall be required to  seek review pursuant to
      such management of parking supply regulation.  For purposes of
      this paragraph, a "management of parking supply" regulation shall
      be any regulation promulgated by the Administrator as part of a
      transportation control  plan pursuant to the Clean Air Act which
      requires that any new or modified facility containing a given num-
      ber of parking spaces shall receive a permit or other prior approv-
      al,  issuance of which is to be conditioned on air quality consid-
      erations.

(16)   Notwithstanding any of the foregoing provisions to the contrary,
      the operation of this paragraph is hereby suspended pending fur-
      ther notice.  No facility which commences construction prior to
      the expiration of the sixth month after the operation of this para-
      graph is reinstated (as to that type of facility) shall be subject
      to this paragraph.

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160,  Sept. 2, 1975)
                               - 64 -

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(17.0)    52.432  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.  Uhere
                       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 natter:
               Annual geometri c mean 	        5             10
               24-hr maximum	       10             30

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

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

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

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

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

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

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

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

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

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

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

(iv)    Notwithstanding subdivision (iii) of this subparagraph,
        the Federal Land Manager  may  submit to the  Administrator
        a proposal to  redesignate any  Federal  lands  to  a  more
        restrictive designation than would  otherwise to  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) (ii)  and,

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

(vi)     The  Administrator  shall approve,  within 90 days, any re-
        designation proposed pursuant to  this subparagraph as
        follows:

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall  be approv-
             ed  unless the Administrator  determines (1)  that the
             requirements  of subdivisions (ii) and (iii) of this
             subparagraph  have  not been complied with,  (2)  that
             the State has arbitrarily and  capriciously disre-
             garded relevant considerations set forth in sub-
             paragraph (3) (ii) (d) of this paragraph,  or (3)
             that the State has not requested and received dele-
             gation of responsibility for carrying out the new
             source review requirements of  paragraphs (d) and (e)
             of this section.

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

        (c)   Any redesignation  submitted pursuant to subdivision
             (v) of this subparagraph shall be approved unless he
             determines  (1)  that the requirements of subdivision
             (v) of this subparagraph have not been complied with,
             or  (2)  that the  Indian Governing Body has arbitrar-
             ily and capriciously disregarded 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 new source re-
                      view.  The  Administrator  will  carry out any required
                      enforcement action in cases where the State does not
                      have adequate legal authority  to initiate such ac-
                      tions.  The Administrator may waive the requirements
                      of paragraph  (c)  (3)  (vi) (a)  (3) if the State Attor-
                      ney-General has determined that the State cannot ac-
                      cept delegation of the administrative/technical func-
                      tions.

          (vii)    If the Administrator disapproves any proposed area desig-
                  nation under this subparagraph, the State, Federal Land
                  Manager or  Indian Governing Body, as appropriate, may re-
                  submit the  proposal after correcting the deficiencies
                  noted  by the Administrator or  reconsidering any area des-
                  ignation determined by the Administrator to be arbitrary
                  and capricious.

(d)  Review of new sources

     (1)   The provisions of  this  paragraph  have  been  incorporated by  refer-
          ence into the  applicable implementation  plans  for various States,
          as provided in Subparts  B  through  ODD  of this  part.  Where  this
          paragraph is so incorporated,  the  requirements of this paragraph
          apply to any new or modified stationary  source of the type  iden-
          tified below which  has  not  commenced  construction or modification
          prior to June  1, 1975 except as specifically provided below.  A
                                  -  69 -

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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.
    (111)   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
                             - 71 -

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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:
                                 -  72  -

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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.
                         - 73 .-

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          (vi)     The  Administrator  may  extend  each  of the  time  periods
                  specified  in  paragraph (e)  (1)  (ii), (iv),  or  (v)  of this
                  section  by no more than 30  days  or such other  period as
                  agreed to  by  the applicant  and  the Administrator.

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

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

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

(f)   Delegation of authority

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

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

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

          (ii)    A copy  of  the notice pursuant to paragraph (e) (1) (ii)
                  (c)  of this section shall be  sent  to the  Administrator
                  through  the appropriate regional office.
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(3)   In accordance with Executive  Order 11752,  the  Administrator's
     authority for implementing the procedures  for  conducting  source
     review pursuant to this  section shall  not  be delegated, other  than
     to a regional office of  the Environmental  Protection  Agency, for
     new or modified sources  which are  owned  or operated by the  Federal
     government or for new or modified  sources  located  on  Federal lands;
     except that, with respect to  the latter  category,  where new or
     modified sources are constructed or operated on  Federal lands  pur-
     suant to leasing or other Federal  agreements,  the  Federal land
     Manager may at his discretion, to  the  extent permissible  under ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local agency's procedures
     developed pursuant to paragraphs (d) and (e) of  this  section.

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

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