U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 258
Air Pollution Regulations  in State
Implementation  Plans: Florida
Abcor IK, Wilmington, MA  Walden Div
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 290258

EPA-450/3-78-059
August 1978
Air
      Pollution  Regulations
in State Implementation
Plans:
Florida
         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-450/3-78-059
                             2.
                                                           3. RECIPIENT'S ACCESSIOWNO.
4. TITLE AND SUBTITLE
 Air Pollution Regulations in State Implementation i
 Plans: Florida
             5. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
                                  .   ^_.
                           02. 5 8
7. AUTHORISI
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           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)(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.
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 (ThisReport1
   Unclassified	
                                              20. SECURITY CLASS (This page)

                                                JJnc lassif led
                                                                         22. PRICE
EPA Form 2220-1 (9-73)

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                                 EPA-450/3-78-059
    Air Pollution Regulations
in  State Implementation  Plans
                    Florida
                        by

                 Watden 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-450/3-78-059
                                  11

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

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

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

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

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

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

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                              SUMMARY SHEET
 Submittal Date

 9/25/73


 2/12/75


 7/20/75
12/15/75

  1/4/76
                                    OF

                      EPA-APPRQVED REGULATION CHANGES

                                  FLORIDA
 Approval  Date

    2/25/74


    10/22/75


     4/19/76
    5/14/76

   11/1/77
     Description

17-2.04, 17-2.09,
17-2.W

17-2.02, 17-2.03,
17-2.04

17-2.04 6(e) 225
Note-6(e) 2 Disapproved
for Escumbia County
Note-No action taken on
on 6(e) 2 for Duval County
N6te-6(e) 2 Liquid fuel is
disapproved for Biq Bend
and Gannon Station:  In
Hillsborough County.
Note-Where these
disapprovals hold the
previously approved Regula-
tions remain in affect.

17-2.05

17-5.06
 Section Number

 52.524

 52.525

 52.530
FEDERAL REGULATIONS

    Description

      Compliance Schedules

      Public Availability of Emission Data

      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   OXIOANTS
      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) • Partlculates
              (Includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (Includes Related Topic)
       51.13  OPEN BURNING (Includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE  BURNERS
       51.21  MISCELLANEOUS TOPICS
                                          VII

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                            TABLE  OF CONTENTS
Revised Standard
 Subject Index

     (2.0)
     (1.0)
     (2.0)
     (2.0)
    (10.0)
     (4.0)
     (8.0)
     (9.0)
     (2.0)
    (14.0)
     (3.0)
   (51.13)
     (6.0)
    (14.0)

    (17.0)
• • .- STATE- REGULATIONS .-..-.- -.•,,...-.
Section
Number
Chapter 17-2
17-2.01
17-2.02
17-2.03
17-2.04
17-2.04(8)
17-2.05
17-2.06
17-2.07
17-2.08
17-2.09
17-2.10
Chapter 17-5
17-5.06
Title
Air Pollution
Declaration and Intent
Definitions
General Restrictions
Prohibitive Acts
Complex Sources
Ambient Air Quality Standards
Air Pollution Episode
Sampling and Testing
Local Regulations
Public. Comment
Local Government
Open Burning and Frost
Protection Fires
Burning for Cold or Frost
Protection
Page
1
1
1
4
8
19
21
24
38
39
39
40
40
40
FEDERALLY PROMULGATED REGULATIONS
52.524
52.525
Compliance Schedules
Public Availability of
44
46
52.530
Emission Data
Prevention of Significant
Deterioration
48
                                      VIII

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                               DEPARTMENT OF POLLUTION  CONTROL

                                        CHAPTER 17-2

                                        AIR POLLUTION

(2.0)      17-2.01     DECLARATION AND INTENT

          The State of Florida Department of Pollution  Control  promulgates  this
          chapter  to eliminate,  prevent,  and control air  pollution.  This chapter
          shall  apply to  all  sources of air pollution except open  burning or
          the use  of outdoor  heating devices allowed by chapter 17-5, Florida
          Administrative  Code,  unless otherwise provided  in this chapter.


          To protect and  enhance the air quality of Florida,  this  chapter furthers
          the Department's nondegradation policy and established ambient air
          quality  standards and emission standards.  The  polity inherent in the
          standards shall be  to protect the air quality existing at the time  the
          air quality standards were adopted or to upgrade or enhance the quality
          of the air of the State.   In any event, where a new or increased  source
          of air pollution poses a  possibility of degrading existing high air
          quality  or ambient  air quality established by this  chapter, such  source
          or proposed source  shall  not be issued a Department permit until  the
          Department has  reasonable assurance that such source  construction or
          development will not violate this chapter.

          This chapter is adopted to achieve and maintain such  levels of air
          quality  as will protect human health and safety, prevent injury to  plant
          and animal life and property, foster the comfort and  convenience  of the
          people,  promote the economic and social development of this State and
          facilitate the  enjoyment of the natural attractions of this State.

          General  Authority 403.061 FS.  Law Implemented  403.021,  403.031,
          403.061  FS.  History - New 1-11-72.

 (1.0)    17-2.02     DEFINITIONS

          The following words and phrases when used in  this chapter shall,  unless
          context  clearly indicates otherwise, have the following  meanings:

          Air pollutant - Any matter found in the atmosphere  other than oxygen,
          nitrogen, water vapor, carbon dioxide and the inert gases in  natural
          concentrations.
                                               -1-

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Air pollutant source or source - Any source at,  from,  or by reasons  of
which there is emitted into the atmosphere any air pollutant(s).

Process weight - The total weight of all  materials introduced into any
process.  Solid fuels and recycled materials are included in the
determination of process weights; but uncombined water,  liquid and gaseous
fuels, combustion air or excess air are not included.

Standard conditions - A gas temperature of 70 degrees  Fahrenheit  and a
gas pressure of 14.7 psia.

Existing source - A source which is in existence, (except for reactivation
of older plants) operating or under construction or has  received  a permit
to construct prior to the effective date of this chapter.

New source - any source other than an existing source.  New source includes
reactivating existing or older plants which have been  shutdown for a
period of more than one year.

Particulate matter - Means any material,  other than uncombined water, which
exists in a finely divided form as a liquid or solid,  as measured by the
sampling methods approved by the Board.

Sulfuric Acid Plant - Means any installation producing sulfuric acid by
the contact process by burning elemental  sulfur, alkylation acid,
hydrogen, sulfides, organic sulfides and mercaptans, or acid sludge.

Acid mist - Means any size liquid drops of any acid including but not
limited to sulfuric acid and sulfur trioxide, hydrochloric acid and
nitric acid as measured by test methods approved by the Board.

Visible emission - Means an emission greater than 5 percent opacity  or
1/4 Ringelmann measured by standard methods.

Fugitive particulate - Particulate matter which escapes and becomes  air-
borne from unenclosed operations or which is emitted into the atmosphere
without passing or being conducted through a flue pipe,  stack or other
structure designed for the purpose of emitting air pollutants into  the
atmosphere.

Air Pollution Episode - An occurrence of elevated levels of pollutants
in the atmosphere which require hasty and unusual abatement action.

Odor - Means a sensation resulting from stimulation of the human
olfactory organ.
                                     -2-

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Objectionable Odor - Any odor present in the outdoor atmosphere  which  by
itself or in combination with other odors,  is or may be harmful  or
injurious to human health or welfare, which unreasonably interferes  with
the comfortable use and enjoyment of life or property,  or which  creates
a nuisance.

Fossil fuel  steam generators - Furnaces and boilers  which produce steam
by combustion of oil, coal or gas of fossil origin.

Plant section - A part of a plant consisting of one  or  more unit
operations including auxiliary equipment which provides the complete
processing of input (raw) materials to produce a marketable product,
including but not limited to, granular triple super  phosphate, phosphoric
acid, run-of-pile triple super phosphate and di-ammonium phosphate,  or one
or more unit operations including auxiliary equipment or structures
which are used for the functions of, including but not  limited to, storage
shipping, loading, unloading, or bagging.

Department - Means the State of Florida Department of Pollution  Control.

Director - Means the Executive Director of the Department.

Volatile organic compounds or Organic Solvents - Are any compounds con-
taining carbon and hydrogen or carbon and hydrogen in combination with
any other element which has a vapor pressure of 1.5  pounds per square
inch absolute (77.6 mm. Hg) or greater under actual  storage conditions.

Portland cement plant - Means any facility manufacturing Portland cement
by either the wet or dry process.

Nitric acid plant - Means any facility producing weak nitric acid by either
the pressure or atmospheric pressure process.

Kraft Pulp Mill - Means an industrial operation which processes  wood to
produce cellulose or cellulose materials by means of chemically  cooking
the wood with a liquor consisting of an alkaline sulfide solution
containing sodium hydroxide and sodium sulfide, also known as the sulfate
process.

Bark boilers - Means a part of the process of a kraft pulp mill, a
furnace which produces steam using wood bark, either continuously or
intermittently along with fossil fuels.
                                     -3-

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           Sulphur Recovery Plant - Any plant that recovers  sulphur from crude
           (unrefined) petroleum materials.

           Ringelmann Chart - Means the chart published and  described in the U.S.
           Bureau of Mines Information Circulars No.  8333 and No.  7718.

           Stagnant atmospheric condition -  Denotes when the atmospheric and
           and meteorological conditions will reduce  the necessary diffusion and
           dispersement fo air pollutants in the atmosphere.

           Opacity - Means a state which renders material partially or wholly
           impervious to rays of light causing obstruction of observer's view.

           Latest Reasonably Available Control Technology -  Means  air pollution
           control equipment, facilities, or devices  or processes  (including
           fuels and raw materials used) which cause  or allow the  least  emission
           of pollutant(s) and which are (1) commercially available; or  (2)  can
           be constructed or installed and operated reliably or (3) have been
           shown to be operated successfully by full  scale size test unit or
           proto-type test unit with due consideration for problems of scale up  to
           full size.

           General Authority 403.061 FS.  Law Implemented 403.021, 403.031,  403.
           061 FS.  History - Revised 1-11-72

(2.0)       17-2.03    GENERAL RESTRICTIONS

           (1)  Latest Reasonably Available  Control Technology.

                (A)  Determination - the Department shall determine Latest
                     Reasonably Available Control Technology.

                     (1)  In making the determination the Department shall give  due
                          consideration to:

                           a.   Environmental Protection Agency determination of
                               Reasonably Available Control  Technology pursuant  to
                               40 C.F.R. Section 51.1 (o) and 40 C.F.R., Part 51,
                               Appendix B; and Environmental  Protection  Agency
                               determinations of Standards of Performance for New
                               Stationary Sources, pursuant  to 40  C.F.R., Part 60:

                           b.  All scientific, engineering,  and technical material,
                               reports, publications, journals, and other competent
                               relevant information made available to or known by
                               the Department.
                                                  -4-

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          ''c.   Recommendations  of any  ad  hoc  technical advisory
               committee  appointed pursuant to  paragraph  3 of this
               Subsection (17-2.03 (1)  (a) ).

     (2)   The  Department  shall  specify  and publish  its determination
          of Latest  Reasonably  Available  Control Technology by source
          or category  of  sources.

     (3)   To assist  the Department in  making  the determination of
          Latest Reasonably Available  Control Technology, the
          Executive  Director may appoint  an ad  hoc  technical
          advisory committee of persons with  expertise and knowledge
          in the particular matter under  consideration.   The committee
          shall  be representative of academic,  industry,  citizen,
          and  conservation interests.

     (4)   Any  citizen  or  affected party may request a determination
          of Latest  Reasonably  Available  Control Technology for  a
          source or  category of sources.  Such  request shall be  in
          writing with a  comprehensive summary  of available informa-
          tion on Control Technology for  the  particular  source or
          category of  sources.

     (5)   The  determination of  Latest  Reasonably Available Control
          Technology shall be made by  the Florida Pollution Control
          Board only after notice and  public  hearing.

     (6)   Determinations  of Latest Reasonably Available  Control
          Technology shall be periodically reviewed by the Department,
          and  shall  be subject  to revision subsequent to such  review
          if the Department determines, on the  basis of  competent
          substantial  evidence, that different  equipment, devices or
          processes  will  result in a reduction  of emissions.

(B)   Application

     (1)   If the Latest Reasonably Available  Control Technology  as
          may  be applied  to air pollutant sources results in or  is
          expected to  result in lower  or  improved air pollutant
          emissions, then the Latest Reasonably Available Control
          Technology shall be applied, except that  the Latest
          Reasonably Available  Control Technology need not be
          applied:
                                -5-

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      a.   If ambient air standards are being complied with;
    ••'" • •  -and'    ••• '         "    -: '••   '      •       ...-.--.

      b.   If omission limitations are being complied with;
          and

      c.   If the source complies with all  requirements of any
          duly promulgated air quality maintenance or imporvement
          plan adopted by the Department or approved local   -
          pollution control program;  and

      d.   If the source complies with the  Department's rule
          on nondegradation of air quality.

(2)   Before requiring any source to apply, install, or use
     Latest Reasonably Available Control Technology the
     Department shall:

      a.   Give due consideration of all the following:

           1.   The necessity of imposing the level of emission
               limitation which would be achieved by the
               application of such technology in order to attain
               and maintain Ambient Air Quality Standards
               specified in Section 17-2.05, and prevent
               degradation of air quality  in accordance with
               these rules; and

           2.   The social and economic impact of the application
               of such technology, including consideration of
               any useful life of presently installed, permitted
               control equipment and the amortization of the
               value of such equipment balanced with the cost
               and advantages of the new technology; and

           3.   The energy consumption or conservation associated
               with such technology;  and

           4.   Alternative means of providing for attainment
               and maintenance of the Ambient Air Quality
               Standards specified in Section 17-2,05, and the
               prevention of degradation of air quality in
               accordance with these rules; arrd

           5.   Secondary pollution problems created by the
               application of any particular technology.
                           -6-

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                b.   Provide the owner or operator of  the source
                    adequate notice  and  an  opportunity  for  public
                    hearing.

          (3)   This Subsection, (17-2.03 (1)  (b)  )  does not relieve
               any  person from complying with applicable statutes and
               rules and regulations of  the Department  including
               emission limiting standards.

(2)   Existing  Source Compliance - Except where compliance dates are
     specified, existinq sources shall comply with  this chapter as
     expeditiously  as possible but in no case later than July  1, 1975.

(3)   Operation Rates - No plant or source shall operate at  capacities
     which exceed the limits of operation of a control  device  to
     maintain  the air emission within the standard  limitation  imposed
     by this chapter, or by permit conditions.

(4)   (a)  Air Quality Standards Violated -  No person  shall  build, erect,
          construct, or implant any new  source or operate,  modify or
          rebuild an existing source or  by  any other  means  release or
          take action which would result in release of  air  pollutants
          into the  atmosphere of any region,  which  will, as determined
          by the Board, result in, including concentrations of existing
          air pollutants, ambient air concentrations  greater than ambient
          air quality standards.

     (b)  Nondegradation - In those counties  of the State which have, on
          the  effective date of this chapter, better  air quality than
          that defined by the Ambient Air Quality Standards, no person
          shall emit into the atmosphere any air  pollutant  which degrades
          that quality.

(5)   Concealment -  No person shall build, erect,  install or use any
     article,  machine, equipment or other contrivance,  the  use of
     which will conceal an emission which would otherwise constitute
     a violation of any of the provision of this  chapter.

(6)   Circumvention  - No person shall circumvent any air pollution control
     device, or allow the emission of air pollutants  without the
     applicable air pollution control device operating  properly.
                                      -7-

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          (7)   Maintenance -  All  air pollution control  devices  and  systems  shall
               be properly and consistently maintained in  order  to maintain
               emissions in compliance with Department Rules.

               General  Authority 403.061  FS.   Law Implemented  403.021,  403.031,'
               403.061  FS.   History - New 1-11-72.

(2.0)      17-2.04    PROHIBITIVE ACTS

          (1)   Visible  Emissions - No person shall  cause,  let, permit,  suffer  or
               allow to be discharged into the atmosphere  any  air pollutants from:

               (a)  Existing Sources, until July 1,  1975,  the  density of which is
                    equal  to or greater than that designated as  Number  2 on  the
                    Ringelmann Chart or the opacity of which is  equal to or
                    greater than 40 percent.

               (b)  New Sources, and after July 1,  1975, existing sources, the
                    density of which is equal to or greater than that designated as
                    Number 1 on the Ringelmann Chart or the opacity  of  which is equal
                    to  or greater than 20 percent.

               (c)  This subsection 17-2.04(1) does  not apply  to emissions emitted
                    in  accordance with specified emission  limiting standards or in
                    accordance with the process weight table (Table  I)  provided
                    in  this chapter.

               (d)  If "the presence :ef uncombined water is the only  reason for
                    failure to meet visible emission standards given in this
                    section such failure shall not be a violation of this rule.

          (2)   Particulate Matter - No person shall  cause, let,  permit, suffer,
               or allow the emission of particulate matter from  any  air pollutant
               source in total quantities in excess of the amount shown in Table
               I, except as otherwise provided for in this chapter for  specific
               emission limiting standards of particulate  matter from specified
               sources.
                                                -8-

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Process Weight
    Rate
(pounds per hour)
                          PROCESS WEIGHT TABLE

                                 TABLE I
   Emission rate
(pounds per hoinr)
50        	,	      0.03

100       	      0.55

500       	      1.53

1,000     	      2.25

5,000     	      6.34

10,000    	      9.73

20,000    	     14.99

60,000    	     26.90

80,000    	     31.19

120,000	     33.28

160,000	     34.85

200,000   	     36.11

400,000   	     40.35

1,000,000	     46.72
                                      -9-

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     Interpolation of the data in Table I  for the process.weight  rates
     up to 60,000 pounds per hour shall be accomplished by the use of
     the equation:  E= 3.59P0-6 , P less than or equal  to 30 tons per
     hour and interpolation and extrapolation of the data for process
     weight rates in excess of 60,000 pounds  per day shall  be accomplished
     by use of the equation: E= 17.31PO-16,p  -js  greater than 30 tons
     per hour.  Where:  E = Emissions in pounds  per hour.   P = Process
     Weight rate in tons per hour.   Application  of mass emission  limita-
     tions on the basis of all similar units  at  a plant is recommended
     in order to avoid unequal application of this type of limitation
     to plants with the same total  emission potential  but different size
     units.  Upon establishing the total mass limitation,  individual
     source emissions will be determined by prorating the mass emission
     total on the basis of the percentage weight input  to each source
     process.

(3)  Fugitive Participate - No person shall cause, let, permit, suffer or
     allow the emissions of particulate matter,  from any source whatsoever,
     including but not limited to vehicular movement,  transportation  of
     materials, construction, alteration,  demolition or wrecking, or
     industrially related activities such as  loading,  unloading,  storing
     or hand!ing,without taking reasonable precautions  to prevent such
     emission, except particulate matter emitted in accordance with the
     weight process table (Table I), the visible emissions standards  or
     specific source limiting standards specified in this  chapter.

(4)  Objectionable Odor Prohibited - No person shall cause, suffer, allow
     or permit the discharge of air pollutants which cause or contribute
     to an objectionable odor.

(5)  Volatile organic compounds emissions or  organic solvents emissions.

     (a)  No person shall store, pump, handle, process, load, unload  or
          use in any process or.installation  volatile organic compounds
          or organic solvents without applying known and existing vapor
          emission control devices or systems deemed necessary and ordered
          by the Department.

     (b)  All persons shall use reasonable care  to avoid discharging,
          leaking, spilling, seeping, pouring, or dumping volatile organic
          compounds or organic solvents.

(6)  Stationary sources - No person shall  cause, let, permit, suffer, or
     allow to be discharged into the atmosphere  emission from the following
     listed sources greater than any emission limiting standard given.
                                       -10-

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(a)   Incinerators

      1.  The emission limiting  standards  for new  incinerators
          with a charging rate of fifty  or more  tons per  day are:

          a.   Participate matter -  0.08 grains  per standard cubic
               foot dry gas corrected to 50  percent excess air.

          b.   Odor - There shall  be no  objectionable odor.

      Z.  The emission limiting  standards  for new  incinerators with
          a charging rate of less than fifty tons  per day are:

          a..  Visible emissions - No visible emissions except,
               visible emissions are allowable for up to  three
               minutes in any hour at densities  up to but not more
               than, a density of Ringelmann Number 1.  (opacity of
               20 percent)

           b.   Odor - There shall  be no  objectionable odor.

      3.   As soon as possible, but not later than  July  1, 1975,
          existing incinerators  shall  comply with  the standards for
          new incinerators except that the particulate matter
          emission limiting standard for existing  incinerators with
          a charging rate of fifty or more tons  per day shall be  0.1
          grains per standard cubic  foot of  dry  gas corrected to  50
          percent excess air.

(b)   Sulfuric Acid Plants - The  emission limiting  standards for
     surfuric acid plants are:

      1.  Existing plants.

           a.  Sulfur dioxide ($03)  - ten  pounds of S02 per ton of
               100 percent H2S04 produced, as expeditiously as possible
               but not later than July 1,  1975;  in the  Florida portion
               of the Jacksonville,  Florida  - Brunswick,  Georgia,
               Interstate Air Quality Control Region as defined in 40
               C.F.R. Section 81.91, twenty-none pounds of S0£ per ton
               of 100 percent.  H2S04 produced as  expeditiously as
               possible but not  later than July  1, 1975.
                                 -11-

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           b.   A plume with visibility of 5  percent  opacity  (equiva-
               lent to k Ringelmann  Number),  except  for  30 minutes
               during plant startup  periods  with  opacity allowed
               up to 40 percent,   (equivalent to  Ringelmann  Number
               2)

      2.  New  Plants

           a.   Sulfur dioxide  -  four pounds  of S02 per ton of  100
               percent H2S04 produced.

           b.   Acid Mist -  0.15  pounds per ton of 100 percent  acid
               produced.

           c.   No visible emission except for 30  minute  period during
               startup, but no greater than  the opacity  of 40  percent
               (equivalent  to  Ringelmann  Number 2)

(c)   Phosphate Processing - The  emission  limiting standards  for
     phosphate processing are:

      1  .  Fluorides (water  soluble or gaseous-atomic weight  19) the
          following quantities expressed  as  pounds of fluoride per
          ton  of phosphatic materials input  to the system, expressed
          as tons of P205 for:

           a .   New plants or plant sections:

                a.. 1.   Wet  process phosphoric acid production, and
                       auxiliary equipment -  0.02 pounds of  F  per
                       ton  of
                a.  2.   Run  of pile  triple  super  phosphate mixing belt
                       and  den and  auxiliary  equipment  - 0.05
                       pounds of F  per ton of P205.

                a.  3.   Run  of pile  triple  super  phosphate curing or
                       storage process and auxiliary  equipment  - 0.12
                       pounds of F  per ton of
                a.  4.   Granular triple super phosphate  production  and
                       auxiliary equipment.

                       i.   Granular triple super phosphate made  by
                           granulating run-of-pile triple super
                           phosphate - 0.06 pounds of F per ton  of
                           P205-
                                -12-

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           ii.   Granular triple  super phosphate made
                from phosphoric  acid and phosphate  rock
                slurry - 0.15  pounds of F per  ton of
                P205.

     a. 5.   Granular triple  super  phosphate storage, and
            auxiliary equipment  -  0.05 pounds  of F  per
            ton of P205.

     a. 6.   Di  ammonium phosphate  production and auxiliary
            equipment - 0.06 pounds of F per ton of
     a. 7.   Calcining or other thermal  phosphate  rock
            processing and auxiliary  equipment  excepting
            phosphate rock drying  and defluorinating -
            0.05 pounds of F per ton  of
     a . 8.   Defluorinating phosphate  rock  by  thermal
            processing and auxiliary  equipment  -  0.37
            pounds of F per ton of P205.

     a. 9.   All  plants, plant sections  or  unit  operations
            and  auxiliary equipment not listed  in a. 1  to
            a. 8 will  comply with best  technology pursuant
            to Section 2.03(1) of this  rule.

b.  Existing plants or plant sections.   Emissions shall
    comply with  above section, 17-2.04(6)(c)  l.a., for
    existing plants as expeditiously  as possible  but not
    later than July 1, 1975 or

     b.  1.   Where a plant complex exists with an  operating
            wet  process phosphoric acid section (including
            any  items 17-2.04(6) 1.,  a., a.l. through a. 6.
            above) and other plant sections processing  or
            handling phosphoric acid  or products  or
            phosphoric acid processing, the total emission
            of the entire complex may not  exceed  0.4
            pounds of F per ton of PgOs input to  the wet
            process phosphoric acid section.
                      -13-

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                b.  2.   For the individual  plant sections  included
                       in 17-2.04(6)(c),  1.,  a.,  1.1.  through  6.6
                       above but not included as  a  part as  defined
                       in 17-2.04(6)(c)l.,  b., b.l  above, if it  can
                       be shown by comprehensive  engineering study
                       and report to the  Department that  the exist-
                       ing plant sections  are not suitable  for the
                       application of existing technology,  which
                       may include major  rebuilding or repairs and
                       scrubber installations, the  emission limiting
                       standard to apply  will  be  the lowest obtained
                       by any similar plant section existing and
                       operating.

(d)   Kraft (sulfate liquor)  Pulp Mills

      1 .  Black liquor recovery furnace.   The emission limiting
          standards are:

           a.   Particulate matter - Existing  sources as expeditiously
               as  possible,  but not later than July 1, 1975, no
               greater than three pounds  particulate per  each  3,000
               pounds  black liquor solids  fed.  For new sources  the
               same'emission limiting standards apply.

           b.   Total Reduced Sulfur - Existing plants as  expeditiously
               as  possible,  but not later than July 1, 1975 -  17.5
               ppm expressed as H2S on a  dry  gas  basis, or  one-half
               (0.5) pounds per 3,000 pounds  of black liquor solids
               fed, whichever is more restrictive.   For new plants
               no  greater than 1 ppm expressed as H?S on  the dry
               basis,  or  0.03 pounds per  3,000 pounds of  black liquor
               solids  fed, whichever is the more  restrictive.

(e)   Fossil Fuel Steam Generators - The emssion limiting  standards
     for Fossil Fuel Steam Generators are:

      1.  New Sources  - Plants with more  than 250 million BTU  per
          hour heat input.

           a.   Particulate matter - 0.1 pounds per  million  BTU heat
               input,  maximum 2 hour average.

           b.   Visible emissions - The density of which  is  equal to
               or  greater than Number 1 of the Ringelmann Chart  (20
               percent opacity) except that a shade as dark as Number
               2 of the Ringelmann Chart  (40  percent opacity)  shall
               be  permissible for not more than 2 minutes in any hour.
                                -14-

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     c.  Sulfur dioxide - 0.8 pounds  per million  BTU  heat input,
         maximum 2 hour average,  when liquid fuel  is  burned.

     d.  Sulfur dioxide - 1.2 pounds  per million  BTU  heat input,
         maximum 2 hour average,  when solid fuel  is burned.

     e.  Nitrogen oxides - 0.20 pounds per million BTU  heat
         input maximum 2 hour average, expressed  as N02 when
         gaseous fuel  is burned.

     f.  Nitrogen oxides - 0.30 pounds per million BTU  heat
         input, maximum 2 hour average, expressed as  N02 when
         liquid fuel  is burned.

     g.  Nitrogen oxides - 0.70 pounds per million BTU  heat
         input, maximum 2 hour average, expressed as  N02 when
         solid fuel is burned.

2.  Existing Sources  - Plants with more than 250  million BTU
    per hour heat input.

     a.  Particulate  not greater than the standard for  new
         sources.

     b.  Visible emissions - No greater than the  standard for
         new sources.

     c.  Sulfur dioxide emissions - When liquid fuel  is burned
         emissions shall be not greater than 2.75 pounds per
         million BTU  heat input for sources in all areas of  the
         State except as follows:

          i.  2.5 pounds per million BTU heat input for  sources
             north of Hecksher Drive within Duval County and
             1.65 pounds per million BTU heat input  for all
             other sources in Duval County.

         ii.  1.1 pounds per million BTU heat input for  all
             sources  in Hillsborough County including Tampa
             Electric Company's Gannon Station Units  1  through
             4 and Hooker's Point Generation Station.
                          -15-

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d.  Sulfur dioxide emissions - When solid fuel  is
    burned emissions shall be no greater than 6.17 pounds
    per million BTU heat input for sources in all areas
    of the State, except for the following sources in
    Hillsborough County the emissions shall be no greater
    than:

     i.   2.4 pounds per million BTU heat input for Units
         5 and 6 at Tampa Electric Company's Francis J.
         Gannon Generating Station and;

    ii.   6.5 pounds per million BTU heat input at Tampa
         Electric Company's Big Bend Generating Station.

e.  This rule shall be re-evaluated and reconsidered by
    the Board at public hearing prior to July 1, 1977.
    As part of the re-evaluation and reconsideration
    required by this rule, the Department shall consider
    and give due weight to all competent substantial
    evidence including any findings and conclusions of any
    studies directed or supervised by the Board.  Unless
    the Board finds that the emission limitations set
    forth in Section 17-2.04(6) (e) 2.c and d adequately
    protect public health and welfare, existing fossil
    fuel s.team generators shall be subjected to compliance
    schedules which must be submitted to the Department
    on or before August 1, 1977 and which propose increments
    of progress dates that will as expeditiously as possible
    bring them into compliance with the following emission
    limiting standards:

     i.. Sulfur dioxide - 1.1 pounds per million BTU heat
        input when liquid fuel is burned.

    ii.  Sulfur dioxide - 1.5 pounds per million BTU heat
        input when solid fuel is burned.

   If the Board finds that the emission limitations set
   forth in 17-2.04(6) (e) 2. c and d adequately protect
   public health and welfare this rule shall be continued
   or amended to reflect such findings and conclusions.
                      -16-

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           f.  -Owners  of fossil  fuel  steam  generators  shall
               monitor their  emissions  and  the  effects of  the
               emissions on ambient concentrations of  sulfur
               dioxide,  in a  manner,  frequency, and  locations
               approved, and  deemed reasonably  necessary and
               ordered by the Department.   The  owners  shall submit
               to the  Department a written  proposal  for such
               monitoring program on  or before  July  1, 1975.

           g.   Nitrogen oxides no greater than  the standards for
               new sources as expeditiously as  possible  but no
               later than July 1, 1975.

      3.   New and existing Plants with  250  million or  less BTU
          per hour heat input.

           a.   Visible emissions standards  as set forth in item
               17-2.04(6) (e) l.b of  this section.

           b.   Particulate matter, sulfur dioxide and  nitrogen
               oxides  apply 17-2.03(1)  latest technology.

(f)   Portland Cement Plants - The emission  limiting  standards for
     Portland Cement Plants are:

      1.   Existing and new sources.

           a.   For Kilns - particulate  shall be no greater than
               allowed by the Process Weight Table,  Table  I, set
               forth in 17-2.04(2).   The table  shall be applied to
               each individual source rather than being applied on
               the basis of mass emission limitations.

           b.   For clinker-coolers the  emission limiting standard of
               17-2.04(6) (f) l.a above apply.

(g)   Nitric Acid Plants - The emission  limiting standards  for nitric
     acid plants producing weak nitric  acid (50-70 percent) by
     pressure or atmospheric  pressure process are:

      1.   New Plants.

           a.   Nitrogen oxides no greater than  3  pounds per ton of
               acid produced  (100 percent basis)
                                -17-

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           b.   Visible emissions - none permitted.

      2.   Existing plants shall  comply with the standard  as
          expeditiously as possible but no later than  July 1,  1975.

(h)   Sulfur Recovery Plants - The emission limiting  standards  for
     sulfur recovery plants recovering sulfur from crude  oil gas
     are:

      1.   New  Plant.

           a.   Sulfur oxides calculated as sulfur dioxide -  no greater
               than 0.004 pounds of S0£ per pound of sulfur  input  to
               the recovery system or no greater than  0.004  pounds of
               S02 per pound of  sulfur removed from  an oil well.

      2.   Existing Plants.

           a..   Sulfur oxides calculated as sulfur dioxide no greater
               than (h) l.a. of  this section above as  expeditiously
               as possible but no later than July 1, 1975.

      5.   If at any time the Board determines, after notices and public
          hearing, that appropriate and substantially  lower  sulfur
          fuels are available on a long term basis at  a reasonably
          comparable cost (including all costs such  as contract
          revision or termination costs) with fuels  allowed  under  this
          rule, the Board may establish revised emission  limiting
          standards.

          Note:  This revision is approved for all areas  of  the State
                 with the exception of Escambia, Duval and Hillsborough
                 Counties.  This revision is disapproved  for Escambia
                .County and EPA  has taken no action  at this  time on
                 the revision for Duval County. The  result is  that the
                 previously approved limits remafn in  effect in these
                 two counties.  "The Administrator approves  the revised
                 liquid fuel regulation as it applies  to  Hillsborough
                 County and disapproves the solid fuel emission
                 limitations as  they apply to the Big  Bend and Gannon
                 Station.  This  disapproved action has the effect  of
                 leaving in force the emission limit of 1.5  Ibs S02/
                 106 BTU for solid fuel at these two facilities."
                                 -18-

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          (7)  Mobile Sources

               (a)  No person shall  cause,  let,  permit,  suffer or allow the
                    emission of smoke from  motor vehicles  on public roadways
                    which is visible within the  proximity  of the engin'       -t
                    outlet for a period of  more  than five  (5) seconds

                    1.  Definitions  - Apply to this  paragraph 17-2..0

                        a.  Smoke is definied as small,  gasborne and airbor,•-
                            particles, exclusive of  water  vapor, from a proct,
                            combustion, in  sufficient number to be observable

                        b.  Motor vehicle is defined as  any device powered b>
                            internal combustion  engine and on or in which an;
                            person or property may be transported.

                    2.  Exception -  All two-cycle gasoline engines manufactured
                        prior to the year 1976.

          General  Authority 403.061  FS.  Law Implemented 403.021, 403.031,
          403.061  FS  History - Revised 1-11-72.

(10.0)     17-2.04  (8)    COMPLEX SOURCES

          (a)  For the purposes of this section  the  following definitions shall
               apply:

               (1)  Complex Source - Means  any facility, or group of facilities,
                    which is a source of air pollution by  reason that it causes,
                    directly or indirectly, significant increases or emissions of
                    pollutants into  the atmosphere or which reasonably can be
                    expected to cause an increase in the ambient air concentrations
                    of pollutants, either by itself  or in  association with mobile
                    sources.

               (2)  Commencement of  Construction - Shall mean the actual on site,
                    continuous and systematic activity of  land surface alteration,
                    construction, and fabrication of the source.

               (3)  Modification - Means any physical change in the source which
                    will result in the source causing or contributing to an increase
                    of emissions to  the ambient  air.
                                               -19-

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(b)   No person shall  construct or modify or operate  or maintain any
     complex source of air pollution  which  results in or  causes an
     increase in ambient pollutant concentrations in violation of the
     Ambient Air Quality Standards.

(c)   After December 15, 1973,  no  person  shall  commence construction or
     modification of any of the following listed complex  sources
     without a permit from the Department,  or  other  governmental agency
     authorized by the Department to  issue  such permit:

     (1)  Any new complex source  with which is associated a  single
          level unenclosed parking facility with a design or use
          capacity of 1500 cars or more,  or and modification which
          will increase such unenclosed  parking facility  to  a design
          or use capacity of 1500 cars or more.

     (2)  Any multi-level unenclosed  parking facility with a design or
          use capacity of 750  cars or more, or any modification which
          will increase a multi-level unenclosed facility to a design
          or use capacity of 750  cars or more.

     (3)  Any new road designed to accommodate 2000  vehicles per hour
          or more at peak traffic flow rates,  or a modification of an
          existing road the result of which is designed to accommodate
          2000 vehicels or more at peak  traffic flow rates.

     (4)  Any new road or modification to accommodate 1000 vehicles per
          hour or more of peak traffic flow rates or a modification
          which results in a design capacity for accommodation of 1000
          vehicles per hour or more of peak traffic  flow  rates in the
          following urban counties:   Dade,  Broward,  Palm  Beach, Brevard,
          Hillsborough, Pinellas, Orange, Duval, Escambia, Polk, Leon,
          Sarasota, Volusia, Alachua, Pasco and Lee.

     (5)  All major tollways or interstate  highways  or other major roads
          of more than two lanes  of traffic outside  of the urban areas
          named in paragraph 4 above.

     (6)  Any new airport which is designed or may be used to serve
          commercial  airlines  regularly  scheduled or otherwise or any
          modification of such an airport which results in the 10%
          increase capacity, or any modification of  a parking facility
          at such an airport which results  in  a ten  percent  increase
          in capacity.
                                     -20-

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              (7)   If  the  Department  finds after notice, and hearing, if requested,
                   that  projected  emissions associated with any proposed complex
                   source  not  listed  above may result in the failure of the Ambient
                   Air Quality Standards  being achieved and maintained, the Depart-
                   ment  may  require an  application to be submitted and a permit
                   required  prior  to  construction.

         (d)   Any  person seeking a permit shall submit such information that is
              necessary  for  the Department to make a determination that the complex
              source will  not  cause a violation of ambient air quality standards.
              Such information shall  include, but not be limited to:

              (1)   The nature  and  amounts of pollutants to be emitted or caused to
                   be  emitted  by the  complex source, or by associated mobile
                   sources,  and an air  quality impact statement.

              (2)   The location, design,  construction and operation of such
                   facility.

         (e)   No such  permit shall be issued without an opportunity for public
              comment  in accordance with  Section 17-2.09, F.A.C.

         (f)   This subsection  17-2.04 (8), Florida Administrative Code shall not
              apply to air pollution  sources for which a permit is required by
              Chapter  17-4,  Florida Administrative Code, and shall not apply to
              sources  for  which the commencement of construction was prior to
              December 15, 1973, unless construction is, or has been, discontinued
              for  more than  ninety days.

         (g)   Public Highways  projects  which would otherwise be covered by this
              section  (17-2.08 (8) )  and  for which bid letting has been advertised
              prior to April 1, 1974  are  exempted from the formal permitting
              requirements of  this section provided, however, that the staffs of
              the  State  of Florida DOT  and DPC will re-exame the environmental
              assessments  for  each project to identify those projects which will
              violate  State  ambient air quality standards.  Those projects so
              identified will  not  be  exempted from the permitting requirements of
              this section.

(4.0)     17-2.05   AMBIENT  AIR QUALITY STANDARDS

         (1)   The  air  quality  of the  State's atmosphere  is determined by the pre-
              sence of specific pollutants in certain concentrations.  Human health
              and  welfare  is affected and known or anticipated adverse results are
              produced by  the  presence  of pollutants in  excess of the certain
                                             -21-

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concentrations.  It is, therefore, established that maximum limiting
levels, Ambient Air Quality Standards, of pollutants existing in the
ambient air are necessary to protect human health and public welfare.
The following statewide Ambient Air Quality Standards are established
for Florida:

(a)  Sulfur Dioxide

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

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

     (3)  1300 micrograms per cubic meter (0.5 ppm) maximum 3
          hour concentration, not to be exceeded more than once
          per year.

(b)  Particulate Matter

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

     (2)  150 micrograms per cubic meter - Maximum 24 hour
          concentration, not to be exceeded more than once per
          year.

(c)  Carbon Monoxide

     (1)  10 milligrams per cubic meter (9 ppm) - Maximum 8 hour
          concentration, not to be exceeded more than once per
          year.

     (2)  40 milligrams per cubic meter (35 ppm) - Maximum 1 hour
          concentration, not to be exceeded more than once per
          year.

(d)  Photochemical Oxidants - Measured and corrected for inter-
     ferenced due to nitrogen oxides and sulfur dioxide.

     (1)  160 micrograms per cubic meter (0.08 ppm) - Maximum 1
          hour concentration, not to be exceeded more than once
          per year.

 (e)  Hydrocarbons - For use as a guide in devising implementation
     plans to achieve-oxidant standards.  To be measured and cor-
     rected for methane.

     (1)  160 micrograms per cubic meter (0.24 ppm) maximum 3
          hour concentration (6 to 9 a.m.) not to be exceeded
          more than once per year.


                                 -22-

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     (f)  Nitrogen Dioxide

         (1)   100 micrograms per cubic meter  (0.05 ppm) annual
               arithmetic mean.

(2)   Exception -  In  Dade,  Broward,  and Palm Beach  County,  the  above
     Ambient Air  Quality Standards  apply  except  as provided  differently
     below:

     (a)  Sulfur  dioxide

         This subparagraph (17-2.05(a)  (a) )  is repealed, PROVIDED
         HOWEVER,  this subparagraph shall  be  re-evaluated and reconsider-
         ed by the  Environmental Regulation Commission at public
         hearing prior to July 1,  1977.  As part  of  the re-evaluation
         and reconsideration  required by this rule,  the Commission  shall
         consider and give due weight to all  competent substantial
         evidence including any findings and  conclusions of any studies
         directed or supervised by the Commission.   Unless  the Commission
         finds that the ambient standard set  forth in  Section 17-2.05(1)
          (a) adequately protects public  health  and welfare, the below
         listed  standards shall become effective  July  1, 1977 and
         affected sources must submit a  compliance schedule to the
         Department on or before August 1, 1977,  which propose increments
         of progress dates that will as  expeditiously  as possible bring
         them into  compliance with these following ambient  standards:

          (1)  8.6 micrograms  per cubic meter  (0.003  ppm) -  annual
               arithmetic  mean.

          (2)  28.6  micrograms per  cubic meter (0.010 ppm) - 24 hour
               concentration.

          (3)  57.2  micrograms per  cubic meter (0.020 ppm) - maximum four
               hour concentration.

          (4)  286 micrograms  per cubic meter  (0.100  ppm) -  maximum  one
               hour concentration.

     (b)  Suspended Particulates

          (1)  50 micrograms per cubic meter  -  annual geometric mean.

          (2)  180 micrograms  per cubic meter  -maximum  24 hour concentration.

     (c)   Carbon Monoxide

          (1)  9 milligrams per cubic meter (8 ppm) - maximum 8 hour
               concentration.

          (2)  14 milligrams per cubic meter (12 ppm) -maximum 1  hour
               concentration.
                                      -23-

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          (3)   Sampling and analyses of contaminants  in  this  section  shall  be
               performed by the methods approved by the  Board.

          (4)   Abatement - A determination  that any of the  above  standards,
               17-2.05(1), has been exceeded,  shall be adequate evidence  for the
               Department to commence an investigation to determine the cause
               and to execute appropriate remedial  measures.

          General  Authority 403.061 FS.   Law Implemented 403.021, 403.031,
          403.061  FS.   History - New 1-11-72

(8.0)      17-2.06     AIR POLLUTION EPISODE

          An episode describes a condition  which exists  when  meteorological
          conditions and rates of discharge of air  pollutants combine to  produce
          pollutant levels in the atmosphere which, if sustained, can lead  to  a
          substantial  threat to the health  of the people.   In order to prevent
          episode  conditions from continuing or from developing into  more severe
          conditions,  positive action and a rapid abatement response  is necessary.
          The severity of an episode has been classified upon the basis of  the
          criteria given in the following sections  with  the three levels, alert,
          warning  and emergency described.

          Due to the exigent nature of named episodes the Director shall
          determine and declare that an air pollution episode exists.  His
          determination shall be in accordance with the  following criteria:  (1)

          (1)   (a)  Air Pollution  Forecast - The existence or forecast of  a stagnant
                    atmospheric condition as advised  by  a National Weather  Service
                    advisory is in effect or an equivalent  state  or local deter-
                    mination of a stagnant  condition.

               (b)  Alert - The alert level is that concentration of  pollutants at
                    which first stage control  actions
                    be declared when any one of the following levels  is reached at
                    any monitoring site:

                    (1)  Sulfur Dioxide (SOg)  - 800 micrograms per cubic  meter
                         (0.3 ppm) 24 hour  average.

                    (2)  Particulate -  3.0  COHS or 375  micrograms per cubic meter,
                         24 hour average.
                                                -24-

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     (3)   Sulfur  Dioxide  (SC^) and Parti cul ate combined - product
          of  S02  ppm,  24  hour average, and COHs equal to 0.2 or
          product of S02  niicrograms  per cubic meter, 24 hour average
          equal to 65  X 103.

     (4)   Carbon  Monoxide (COO -  17  milligrams per cubic meter
          (15 ppm), 8  hour average.

     (5)   Oxidant (03) -  200 micrograms per cubic meter (0.1 ppm)
          1 hour  average.

     (6)   Nitrogen Dioxide (N02)  - 1130 micrograms per cubic meter
          (0.6 ppm), 1 hour average, 282 micrograms  per cubic meter
          (0.15 ppm),  24  hour average,

     and  meteorological conditions are such that pollutant concen-
     trations can be expected to  remain at the above levels for twelve
     (12) or  more hours or increase  unless control actions are taken.

(c)  Warning  - The warning level  indicates that air  quality is con-
     tinuing  to degrade and that  additional control  actions are neces-
     sary. A warning  shall be declared when anyone  of the following
     levels  is reached at any monitoring site:

     (1)   Sulfur  Dioxide  (S02) -  1600 micrograms per cubic meter
          (0.6 ppm), 24 hour average.

     (2)   Parti cul ate  - 5.0 COHs  or  625 micrograms per cubic meter,
          24  hour average.

     (3)   Sulfur  Dioxide  (SOg) and Particulate combined - product of
                , 24 hour average and COHs equal to  0.8 or product
          of S02 micrograms per cubic meter,  24 hour average equal
          to 261 X 103

     (4)  Carbon Monoxide (CO) - 34 milligrams per cubic meter
          (30 ppm), 8 hour average.

     (5)  Oxidant (03) - 800 milligrams per cubic meter (0.4 ppm)  -
          1  hour average.

     (6)  Nitrogen Dioxide (N02) - 2260 milligrams per cubic meter
          (1.2 ppm) - 1 hour average; 565 milligrams per cubic meter
          (0.3 ppm), 24 hour average,

     and meteorological conditions are such that pollutant concen-
     trations can be expected to remain at the above levels for twelve
     (12) or more hours or increase unless control actions are taken.
                                -25-

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     (d)   Emergency -  The  emergency  level  indicates  that air quality is
          continuing to  degrade  to a level  that  should never be reached
          and that  the most  stringent control actions are necessary.
          An emergency shall  be  declared when any one of the following
          levels  is reached  at any monitoring site:

          (1)  Sulfur  Dioxide (S02)  - 2,100 micrograms per cubic meter
               (0.8 ppm),  24 hour average.

          (2)  Particulate - 7.0 COHs or 875 micrograms per cubic meter
               24 hour average.

          (3)  Sulfur  Dioxide (S02)  and Particulate  combined - product of
               S0«  ppm,  24 hour  average and COHs equal to 1.2 or product
               of S02  micrograms per cubic  meter, 24 hour average and
               particulate micrograms per  cubic  meter, 24 hour average
               equal to  393  X 10 .

          (4)  CO - 46 milligrams per cubic meter (40 ppm), 8 hour
               average.

          (5)  Oxidant (03)  - 1,200  micrograms per cubic meter (0.6 ppm),
               1  hour  average.

          (6)  Nitrogen  Dioxide  (N0«) - 3,000 micrograms per cubic meter
               (1.6 ppm),  1  hour average;  750 micrograms per cubic meter
               (0.4 ppm),  24 hour average,

          and meteorological  conditions are such that pollutant concen-
          trations  can be  expected to remain at  the  above levels for
          twelve  (12)  or more hours.

     (e)   Area of Episode.   The  Director shall,  when declaring any epi-
          sode level,  declare the counties  in which  the episode exists.

     (f)   Termination  -  Once declared, any  episode level will remain in
          effect  until the pollutant concentration increases to meet the
          next higher  level  criteria or decreases to a point below the
          declared  criteria  level.

(2)   (a)   Emission  Reduction Plans and Actions.  Upon a declaration by
          the Director that  any  episode level exists—alert, warning, or
          emergency—any person  responsible for  the  operation or conduct
          of activities  which result in emission of  air pollutants shall
          take actions as  required for such source or activity for the
          declared  episode level as  set forth in Episode Tables I, II, and
          III of  this  section and shall put into effect the Preplanned
          Abatement Strategy.
                                     -26-

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    (b)   Preplanned Abatement Strategies  -  Any person  responsible
         for one or more air pollutant sources shall prepare  and
         submit, upon written request from  the Department,  a  stand-by
         plan which describes the action  which will  be taken  by that
         person to reduce emissions when  an episode  is declared.   The
         plan shall be submitted within 30  days of the request and will
         be subject to approval, modification or rejection  by the
         Department.  The plan shall be in  writing and shall  include
         but not be limited to:

         (1)  Identity and location of pollutant sources  and  of
              contaminants discharged.

         (2)  Approximate amount of normal  emission  and of  reduction
              of emission expected.

         (3)  A brief description of the  manner in which  reduction
              will be achieved,  for each  of the episode levels, alert,
              warning and emergency.

    (c)   Whenever during an episode (alert, warning, or emergency) any
         person responsible for the operation of a source or  conduct
         of activities which result in emission of air pollutants  does
         not take actions as required for the source or activity  for
         the declared episode level or put  into effect the  Preplanned.
         Abatement Strategy, the Director shall immidiately institute
         proceedings in a court of competent jurisdiction for injunctive
         relief to enforce this chapter.

General  Authority 403.061 FS.  Law Implemented 403.021, 403.031,  403.061
FS.  History - New 1-11-72.
                                    -27-

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                                                   EPISODE TABLE I
           Alert Level Emission Reduction Plans
           Part A. General
           During an "alert: level episode:
           1.  All forms of open burning are prohibited.
           2.  The use of Incinerators for disposal of any form of solid waste or liquid waste is prohibited.
           3.  Persons operating fuel-burning equipment which requires boiler lancing or soot blowing shall
               perform such operations only between the hours of 12 noon and 4 p.m.
           4.  Persons operating motor vehicles should eliminate all unnecessary operations.
c\j          Part B.  Source Curtailment
00
           During an alert level episode any persons responsible for the operation of a source of air pollutants
           listed below shall take all required control actions for this alert level:
           Source of Air Pollution                 Required Control Action
           1.  Coal or oil-fired electric power    a.  Substantial  reduction by utilization of fuels having low
               generating facilities.                  ash or sulfur content.
                                                   b.  Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
                                                       turbulence for boiler lancing and soot blowing.
                                                   c.  Substantial  reduction by diverting electric power generation
                                                       to facilities outside of alert area.

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           EPISODE TABLE I CONTINUED
i
ro
10
           2.  Process steam generating facilities
               which fire coal or oil.
           3.
           4.
Process steam generating
facilities which fire wood, bark,
or bagassee; totally or in
combination with other fuels.
Manufacturing industries of the
following classifications:

Pulp and paper industries
Citrus industries
Mineral processing Industries
Phosphate and allied chemical
  industries
Secondary metal industry
Petroleum operations
a.  Substantial reduction by utilization of fuels having
    low ash and sulfur content.

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

c.  Substantial reduction of steam demands consistent with
    continuing plant operations.

a.  Substantial reduction by switching to fossil fuels with
    low ash and sulfur content or by diverting steam demands
    to steam generators utilizing low ash and sulfur content
    fuels.

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

c.  Substantial reduction of steam demands consistent with
    continuing plant operations.

a.  Substantial reduction of air  pollutants from manufacturing
    operations by enacting preplanned abatement strategies
    Including curtailing, postponing or deferring production
    and all operations.

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           EPISODE  TABLE  I  CONTINUED
CO
o
           5.   Bulk  handling  operations which
               transfer or  store material
               including but  not limited to:

               Cement
               Fertilizer
               Phosphate Rock
               Grain or Feed
               ROP Triple Super Phosphate
               Lime
               Sand and Gravel
               Dolomite
           6.   Any other industrial  or commercial
               establishments which  emit air
               pollutants.
b.   Curtail trade waste disposal operations which emit air
    pollutants.

a.   Maximum reduction of fugitive dust by curtailing, post-
    poning or deferring bulk handling operations.
a.  Substantial  reduction of air pollutants by curtailing,
    postponing or deferring operations.

b.  Curtail  trade waste disposal operations which emit air
    pollutants.

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                                          EPISODE TABLE II
Warning Level Emission Reduction Plans
Part A.  General
During a "Warning" level episode:
1.  All forms of open burning are prohibited.
2.  The use of incinerators for disposal of any form of solid waste or liquid waste is  prohibited.
3.  Persons operating fuel burning equipment which requires boiler lancing or soot blowing  shall
    perform such operations only between the hours of 12 noon and 4 p.m.
4.  Persons operating motor vehicles must reduce operations by the use of car pools and increased
    use of public transportation and elimination of unnecessary operation.
5.  Unnecessary space heating or cooling is prohibited.
Part B.  Source Curtailment
During a warning level episode any persons responsible for the operation  of a source of air
pollutants listed below shall take all required control actions for this  warning  level:
Source of Air Pollution                   Required Control Action
1.  Coal or oil-fired electric power      a.  Maximum reduction by utilization of fuels  having  lowest
    generating facilities.                    ash and sulfur content.
                                          b.  Maximum utilization of mid-day (12  noon to 4  p.m.)
                                              atmospheric turbulence for  boiler lancing  and soot
                                              blowing.

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           EPISODE TABLE II CONTINUED
GO
ro
i
           2.
           3.
           4.
Process steam generating facilities
which fire  oil or coal:
Process steam generating  facilities
which fire wood, bark or bagassee.
Manufacturing industries of the
following classifications:

Pulp and paper industries
Citrus industries
Mineral processing industries
Phosphate and allied chemical
  industries
Secondary metal industry
Petroleum operations
                                                     c.   Maximum reduction  by  diverting  electric power generation
                                                         to  facilities  outside of warning  area  or to generating
                                                         stations emitting  less pollutants per  kilowatt generated.
a.   Maximum reduction by utilization of fuels having the lowest
    available ash and sulfur content.

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

c.  "Stand-by to enact preplanned emergency action plan.

a.   Maximum reduction by reducing heat and steam demands to
    absolute necessities consistent with preventing equipment
    damage.

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

a.   Commence preplanned abatement strategies for the
    elimination of all air pollutants.

b.   Elimination of air pollutants from trade waste disposal
    operations which emit air pollutants.

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           EPISODE TABLE II CONTINUED
           5.
           6.
i
GJ
GJ
Bulk handling operations which        a.
transfer or store material including
but not limited to:

Fertilizer
Phosphate Rock
Grain or Feed
ROP Triple Super Phosphate
Cement
Lime
Sand and Gravel
Dolomite
Any other industrial or commercial
establishments which emit air
pollutants.
    Elimination of fugitive dust by ceasing, curtailing,
    postponing or deferring transfer or storage of material
a.  Maximum reduction by curtailing,  postponing or
    deferring operations.

b.  Eliminate trade waste disposal  operations which emit
    air pollutants.

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                                                      EPISODE  TABLE  III

           Emergency Level Emission Reduction Plans

           Part A.  General

           During an "emergency" level  episode:

           1.  All forms of open burning are prohibited.

           2.  The use of Incinerators  for disposal of any  form of solid  or liquid  waste Is  prohibited.

           3.  All places of employment described below shall  Immediately cease  operations.

               a.  Mining and quarrying of nonmetallic minerals.

               b.  All construction work except  that which  must proceed to avoid emergent physical  harm.
w
•              c.  All manufacturing establishments except  those required to have in  force an  air pollution
                   emergency plan.

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

               e.  All offices of local, county  and State government including authorities,  joint meetings, and
                   other public bodies  excepting such agencies which are  determined by the chief  administrative
                   officer of local, county, or  State government,  authorities, joint  meetings  and other public
                   bodies to be vital for public safety and welfare  and the enforcement of the provisions  of
                   this order.

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

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EPISODE TABLE III CONTINUED

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

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

    i.  Advertising offices; consumer credit reporting,  adjustment and collection agencies;
        duplicating, addressing, blueprinting;  photocopying, mailing,  mailing 11st  and stenographic
        services; equipment rental  services, commercial  testing laboratories.

    j.  Automobile repair, automobile services, garages.

    k.  Establishments rendering amusement and  recreational  services including motion  picture
        theaters.

    1.  Elementary and secondary schools,  colleges, universities,  professional schools,  junior
        colleges, vocational schools, and  public and private libraries.

4.  All commercial and manufacturing establishments not  included 1n this  section  will  institute
    such actions as will result in  maximum reduction of  air  pollutants from their operation  by
    ceasing, curtailing or postponing operations which emit  air pollutiants to the  extent
    possible without causing Injury to person or damage  to equipment.

5.  The use of motor vehicles is prohibited except in emergencies  with the approval of local or
    state police.

6.  Unnecessary lighting, heating or cooling in unoccupied structures  is  prohibited.

Source of Air Pollution      .             Required Control Action

1.  Coal or oil-fired electric power      a. Maximum reduction by utilization of fuels  having lowest
    generating facilities.                   ash and sulfur content.

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           EPISODE TABLE III CONTINUED
CO
o%
I
           2.  Coal, oil, natural gas, wood,  bark
               and bagassee - fired process steam
               generating facilities.
3.  Manufacturing industries  of the
    following classifications:

    Pulp and paper industries
    Citrus industries
    Mineral  processing industries
    Phosphate and allied chemical
       industires
    Secondary metal  industries
    Petroleum operations
                  i

4.  Bulk handling operations  which
    transfer or store material
    including but not limited to:
b.  Maximum utilization of mid-day (12 noon to 4 p.m.)
    atmospheric turbulence for boiler lancing or soot
    blowing.

c.  Maximum reduction by diverting electric power generation
    to facilities outside of emergency area or to generating
    stations emitting less pollutants per kilowatt generated.

a.  Maximum by reducing heat and steam demands to absolute
    necessities consistent with preventing equipment damage.

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

c.  Taking the action called for in preplanned emergency
    action plan.

a.  Continuation of preplanned abatement strategies for the
    elimination of air pollutants.

b.  Elimination of air pollutants from trade waste disposal
    operations which emit air pollutants.
                                                     a.   Elimination of  fugitive dust by ceasing, curtailing,
                                                         postponing or deferring transfer or storage of material.

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           EPOSIDE TABLE III CONTINUED

               Cement
               Fertilizer
               Phosphate Rock
               Grain
               ROP Triple Super Phosphate
               Lime
               Sand and Gravel
               Dolomite

           5.  Any other industrial or commercial
               establishments which emit air
               pollutants.
a.  Elimination of air pollutants  by ceasing,  curtailing,
    postponing or deferring operations.

b.  Elimination of air pollutants  from trade waste disposal
    process which emit air pollutants.
to
~4
I

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(9.0)      17-2.07   SAMPLING AND TESTING

          (1)   All  persons shall, upon request of the Department,  provide continu-
               ous  automatic monitoring testing and records of contaminants being
               emitted from a source.

          (2)   All  persons shall provide facilities for continuously determining
               the  input process weight or input heat when such factors are the
               basis for limiting standards.

          (3)   A person responsible for the emission of air pollutants from any
               source shall, upon request of the Department provide in connection
               with such sources and related source operations, such sampling and
               testing facilities exclusive of instruments and sensing devices as
               may  be necessary for the proper determinations of the nature and
               quantity of air pollutants which are, or may be emitted as a result
               of such operation.

          (4)   Such facilities may be either permanent or temporary at the dis-
               cretion of the person responsible for their provision and shall be
               suitable for the use of methods and equipment acceptable to the
               Deparment, who shall indicate in writing the required size, number
               and  location of sampling holes; the size and location of the sam-
               pling platform; and the utilities for operating the sampling and
               testing equipment.  The facilities shall comply with all applicable
               laws and regulations concerning safe construction and safe practice
               in connection with such facilities.

          (5)   When the Department upon investigation has good reason to believe
               that the provisions of this chapter concerning emission of pollu-
               tants are being violated, it may require the person responsible for
               the  source of pollutants to conduct tests which will identify the
               nature and quantity of pollutant emissions from the source and to
               provide the results of said tests to the Department.  These tests
               shall be carried out under the supervision of the Department, and
               at the expense of the person responsible for the source of the
               pol1utants.

          (6)   All  analyses and tests shall be conducted in a manner specified by
               the  Department.  Results of analyses and tests shall be calculated
               and  reported in a manner specified by the Department.

          (7)   Analyses and tests for compliance may be performed by the Depart-
               ment at the cost of the person responsible for the emission of
               air pollutants.

          General Authority 403.061,403.101 FS.  Law Implemented 403.021, 403.031,
          403.061,  403.101 FS.  History - Revised 1-11-72.
                                               -38-

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(2.0)     17-2.08   LOCAL REGULATIONS

          Regulations controlling air pollution may be adopted by local  governmental
          authorities provided that such regulations shall  not be in conflict here-
          with or that standards so adopted shall no be less stringent that those
          established herein.

          General Authority 403.061, 403.182 FS.  Law Implemented 403.021, 403.061,
          403.182 FS.  History - Formerly 17-2.09, FAC.

(14.0)     17-2.09   PUBLIC COMMENT

          (1)  Before any department permit is issued for any source of air pollu-
               tion, the department shall provide an opportunity for public comment
               which shall include as a minimum the following:

               (a)  Availability for public inspection in at least one location in
                    the region affected the information submitted by the owners or
                    operator and the Department's analysis of the effect of such
                    construction or modification on ambient air quality, including
                    the Department's proposed approval or disapproval.

               (b)  A 30-day period for submittal of public comment; and

               (c)  A notice by prominent advertisement in the region affected,
                    specifying the nature and location of the proposed source and
                    that the information specified in subsection 17-2.09 (l)(a),
                    FAC is available for public inspection at a designated location.

               (d)  A copy of the notice shall also be sent to the U. S. Environ-
                    mental Protection Agency through the appropriate regional of-
                    fice, and to all other state and local air pollution control
                    agencies having jurisdiction in the region in which such new
                    or modified installation will be located.  The notice also shall
                    be sent'to any other agency in the region having responsibility
                    for implementing the department's permit program.

               (e)  A copy of the notice shall be displayed in the appropriate
                    Regional, Subregional, and Local Program offices.

          (2)  Because public comment or lack of the same is vital information to
               a proper determination of a permit application, the Department shall
               not make a final decision on the application until the time period
               for public comment has expired, but shall make the final determina-
               tion within sixty days thereafter.
                                               -39-

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  (3.0)    17-2.10   LOCAL GOVERNMENT

           No municipality or political  subdivision of the state shall  issue any
           building or other permit to construct or modify a source of air pollu-
           tion for which a permit is required by department rule unless the source
           has received a valid department permit.


                                      CHAPTER 17-5

(51.13)    17-5.06   BURNING FOR COLD OR FROST PROTECTION

           (1)  Open Burning, Fuels, Devices, Schedules.   Open burning or the use of
                outdoor heating devices  for frost or cold protection in connection
                with agricultural or citrus operations is allowed, provided the fuel
                and the heating device used have approval from the Department prior
                to use.

                (a)  Fuels for open burning for frost or cold protection will be
                     allowed in accordance with the following schedule:

                     1.   Until June, 1972, all fuels shall be allowed.

                     2.   After June, 1972, the burning of tires, rubber material,
                          railroad cross ties, other creosoted lumber, refuse, wood,
                          or vegetation  shall be prohibited.

                     3.   Until June, 1974, oil in open pans is allowed, provided a
                          No. 3 or better grade fuel oil  is burned.

                     4.   After June, 1973, all fuels must have approval of the
                          Department.

                (b)  Use of outdoor heating devices for frost or cold protection is
                     allowed in accordance with the following schedule:

                     1.   Outdoor heating devices and open pans in existence on
                          July 1, 1971,  may continue to be used until June, 1974.

                     2.   Any new outdoor heating device must have approval of the
                          Department prior to use.

                     3.   After June, 1974, any outdoor heating device must have
                          approval prior to use.

           (2)  List Required:  Approved Fuels and Outdoor Heating Devices.  The
                Department shall compile and maintain a list of approved fuels and
                outdoor heating devices.  The list shall  include conditions upon which
                approval was granted.  The list shall be available to the public and
                may be published from time to time.
                                                -40-

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(3)   Approval:   Fuels and Outdoor Heating Devices;  Procedure;  Require-
     ments.   Fuels and outdoor heating devices  shall  be approved in  the
     following  manner:

     (a)   Fuels for open burning:

          1.    Any person desiring to have a fuel  approved may submit an
               application.   The application shall  contain the following
               information:

               A.    Name, address, and telephone number of applicant;

               B.    Trade name or other designation of fuel;

               C.    Chemical  composition of fuel;

               D.    The composition and quality of air contaminants
                    given off per unit of fuel; and,

               E.    The expected use of the fuel.

          2.    The Department may require that samples be made by the
               applicant and may require that samples of the  fuel be sub-
               mitted for testing to the Department of Agriculture and
               Consumer Services.

          3.    The Department shall not approve any fuel which emits
               excessive visible emissions when burned in the proper
               manner.

          4.    The Department may approve a fuel on condition that it be
               used for certain specified purposes and in a certain speci-
               fied manner.

     (b)   Outdoor heating devices:

          1.    Any person desiring to have an outdoor heating device
               approved may submit an application.  The application shall
               contain the following information:

               A.    Name, address, and telephone number of applicant;

               B.    Trade name or other designation of the device;

               C.    Brief description of the device;

               D.    Type of fuel that is used in the device;  and,
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               E.    The composition and quantity of air contaminants
                    given off by the device when in operation.

          2.    The Department may require that a test of the performance
               of a representative device be conducted by the applicant.

          3.    The Department shall not approve any outdoor heating device
               which emits more than five-tenths gram per minute of uncon-
               sumed solid carbonaceous matter or particulate matter.

          4.    The Department may approve the device on specified con-
               ditions and may limit the approval to a specified period
               of time.

     (c)  Any applicant who has been denied approval for a fuel  or an  out-
          door heating device shall, upon request, be granted a  public
          hearing.  After the hearing, the Department shall affirm or  mod-
          ify the denial or set it aside and approve the fuel or device.

General Authority 403.061(7) and (16) FS.  Law Implemented 403.021,
403.031, 403.061 FS.  History - New 7-1-71.
                                     -42-

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FEDERALLY PROMULGATED
    REGULATIONS
            -43-

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(6.0)     5£524    Compliance Schedules.

        ' (a)   The requirements of 51.15(c)  of this  chapter  are not met since com-
              pliance schedules with  adequate increments of progress  have not been
              submitted for every source  for which  they are required.

         (b)   Federal compliance schedules.

              (1)  Except as provided in  subparagraph  (6) of  this paragraph, the
                   owner or operator  of any stationary source subject to the fol-
                   lowing emission limiting regulations in  the Florida implemen-
                   tation plan shall  comply with  the compliance  schedule in sub-
                   paragraph (2) of this  paragraph; Rules of  the State of Florida,
                   Department of Pollution  Control, Air Pollution, subsections
                   17-2.04(2); 17-2.04(3);  17-2.04(6)(a); 17-2.04(6)(b); 17-2.04
                   (6)(d); 17-2.04(6)(e)2.a, 17-2.04(6)(e)3.b; 17-2.04(6)(f); and
                   17-2.04(6)(h).

              (2)  Compliance schedule.

                   (i)  November 1, 1973—Submit  to the Administrator a final
                        control plan, which describes  at a  minimum the steps which
                        will be taken by  the source to achieve compliance with  the
                        applicable regulations.

                  (ii)  January 1, 1974—Negotiate  and sign all  necessary contracts
                        for emission  control systems or process  modifications,  or
                        issue orders  for  the purchase  of component parts to accom-
                        plish emission control  or process modification.

                 (111)  February 1, 1974—Initiate  onsite construction or instal-
                        lation of emission  control  equipment  or  process modification.

                  (1v)  May 1, 1975—Complete onsite construction or  installation
                        of emission control equipment  or process modification.

                   (v)  July 1, 1975—Achieve compliance with the applicable regu-
                        lations, and  certify such compliance  to  the Administrator.

                  (vi)  If a performance  test is  necessary  for a determination  as
                        to whether complaince has been achieved, such a test must
                        be completed  by July 1,  1975.  Ten  days  prior to such a
                        test, notice  must be given  to  the Administrator to  afford
                        him the opportunity to have an observer  present.

                 (vii)  Five days after the deadline for completing increments
                        (ii) through  (iv) in this subparagraph,  certify to  the
                        Administrator whether the increment has  been  met.
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(3)   Except as  provided in  subparagraph  (6) of this paragraph, the
     owner or operator of any  boiler  or  furnace of more than 250
     million BTU per hour heat input  subject  to the requirements of
     the Rules  of the State of Florida,  Department of Pollution
     Control, Air Pollution, subsections 17-2.04(6)(e)2.c and d.
     contained  as part of the  Florida Implementation Plan shall
     notify the Administrator, no  later  than  October 1, 1973, of his
     intent to  utilize either  low-sulfur fuel or  stack gas desulfuri-
     zation to  meet these requirements.

(4)   Any owner  or operator  of  a stationary  source subject to sub-
     paragraph  (3) of this  paragraph  who elects to utilize low-
     sulfur fuel shall be subject  to  the following compliance sched-
     ule:

     (i)  November 1, 1973—Submit to the Administrator a projection
          of the amount of  fuel, by types,  that will be substantially
          adequate to enable compliance  with  the  applicable regula-
          tion  on July 1, 1975, and for  at  least  one year thereafter.

    (ii)  December 31, 1973—Sign  contracts with  fuel suppliers for
          fuel  requirements as projected above.

   (iii)  January 31, 1974—Submit a  statement as to whether boiler
          modifications will be required.  If modifications will be
          required, submit  plans for  such modifications.

    (iv)  March 15, 1974—Let  contracts  for necessary boiler modifi-
          cations, if applicable.

     (v)  June  15, 1974—Initiate  onsite modifications, if applicable.

    (vi)  March 31, 1975—Complete onsite modificatons, if applicable.

   (vii)  July  1, 1975—Achieve compliance  with the  requirements of
          Florida Air Pollution Rules subsections 17.-2.04(6)(e)2.c.
          and d. and certify such  compliance  to the  Administrator.

  (viii)  If a  performance  test is necessary  for  a determination as
          to whether compliance has been achieved, such a  test  must
          be completed by July 1,  1975.   Ten  days prior to such a
          test, notice must be given  to  the Administrator  to afford
          him the opportunity  to have an observer present.

    (ix)  Five  days after the  deadline for  completing  increments  (ii)
          through (vi) of this subparagraph,  certify to the Adminis-
          trator whether the increment has  been met.
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               (5)   Any owner or operator subject to subparagraph  (3)  of this  para-
                    graph who elects  to utilize stack gas  desulfurization shall  be
                    subject to the compliance schedule in  subparagraph (2)  of  this
                    paragraph.

               (6)   (i)  None of the  above s'ubparagraphs shall  apply to a source
                         which is presently in compliance  with  applicable regula-
                         tions and which has certified such compliance to the  Admin-
                         istrator by  October 1, 1973.   The Administrator may request
                         whatever supporting information he considers  necessary  for
                         proper certification.

                   (ii)  Any compliance schedule adopted by the State  and approved
                         by the Administrator shall  satisfy the requirements of
                         this paragraph for the affected source.

                  (iii)  Any owner or operator subject to  a compliance schedule  in
                         this paragraph may submit to the  Administrator no later
                         than October 1, 1973, a proposed  alternative  compliance
                         schedule. No such compliance schedule may provide for
                         final compliance after the final  compliance date in the
                         applicable compliance schedule of this paragraph.  If pro-
                         mulgated by  the Administrator, such schedule  shall satisfy
                         the requirements of this paragraph for the affected source.

               (7)   Nothing in this paragraph shall  preclude the Administrator from
                    promulgating a separate schedule for any source to which the
                    application of the compliance schedule in subparagraph (2) or
                    (4) of this paragraph fails to satisfy the  requirements of
                    51.15 (b) and (c) of this cahpter.

          (c)   The  compliance schedule for the sources identified  below are approved
               as meeting the requirements of 51.15 of this chapter.  All regula-
               tions cited are air pollution control regulations of the State, un-
               less otherwise noted.

(14.0)     52.525    Public Availability of Emission Data

          (b)   Regulation for public  availability of emission data.

               (1)   Any person who cannot obtain emission  data  from the Agency
                    responsible for making emission data available to  the public,
                    as specified in the applicable plan, concerning emissions  from
                    any source subject to emission limitations  which are part  of the
                    approved plan may request that the appropriate Regional Adminis-
                    trator obtain and make public such data.  Within 30 days after
                    receipt of any such written request,  the Regional  Administrator
                    shall require the owner or operator of any such source to  sub-
                    mit information within 30 days on the  nature and amounts of
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     emissions from such source and any other information  as  may  be
     deemed necessary by the Regional  Administrator to  determine
     whether such source is in compliance with applicable  emission
     limitations or other control  measures that are part of the
     applicable plan.

(2)   Commencing after the initial  notification by the Regional Admin-
     istrator pursuant to paragraph (b)(l) of this section, the owner
     or operator of the source shall  maintain records of the nature
     and amounts of emissions from such source and any  other infor-
     mation as may be deemed necessary by the Regional  Administrator
     to determine whether such source is in compliance  with applicable
     emission limitations or other control measures that are part of
     the plan.  The information recorded shall be summarized and  re-
     ported to the Regional Administrator, on forms furnished by  the
     Regional Administrator, and shall be submitted within 45 days
     after the end of the reporting period.  Reporting  periods are
     January 1 - June 30 and July 1 - December 31.  .

(3)   Information recorded by the owner or operator and  copies of  this
     summarizing report submitted to the Regional Administrator  shall
     be retained by the owner or operator for 2 years after the  date
     on which the pertinent report is submitted.

(4)   Emission data obtained from owners or operators of stationary
     sources will be correlated with applicable emission limitations
     and other control measures that are part of the applicable  plan
     and will be available at the appropriate regional  office and at
     other locations in the state designated by the Regional Admin-
     istrator.
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(17.0)    52.530   Prevention  of Significant Deterioration

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

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

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

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

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

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

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

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

           (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence  into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so  Incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and  In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then  only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this paragraph.
                                               -48-

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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 geometric mean 	       5            10
               24-hr maximum	      10            30
             Sulfur dioxide:
               Annual arithmetic mean 	       2            15
               24-hr maximum	       5           100
                3-hr maximum	      25           700
     (ii)    For purposes of this paragraph, areas designated as Class
             III shall be limited to "concentrations'of'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.

(i1i)    Except  as provided in paragraph (c) (3)  (iv) of this
        section, a State in which lands owned by  the Federal Gov-
        ernment are located may submit to the Administrator  a
        proposal to redesignate such lands Class  I,  Class  II, or
        Class III in accordance with subdivision  (ii) of this
        subparagraph provided that:

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

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

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

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

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

(v)     Nothing in this section  is  intended to convey  authority
        to the States  over Indian Reservations where States  have
        not  assumed such  authority  under other laws nor  is it
        intended to deny jurisdiction  which States have  assumed
                         -50-

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        under other laws.   Where  a  State  has  not  assumed  juris-
        diction  over an  Indian  Reservation  the  appropriate  In-
        dian  Governing Body may submit  to the Administrator a
        proposal  to redesignate areas Class I,  Class  II,  or
        Class III,  provided that:

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

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

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

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (ill) of this subparagraph shall be approv-
             ed  unless  the Administrator  determines (1)  that the
             requirements of subdivisions (11)  and (111)  of this
             subparagraph have not  been complied with, (2)   that
             the State  has arbitrarily and  capriciously disre-
             garded relevant considerations set forth in  sub-
             paragraph  (3) (11) (d) of this paragraph, or (3)
             that the State has not requested and received dele-
             gation of responsibility  for carrying out the new
             source review requirements of paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation proposed pursuant to subdivision
             (1v) of this subparagraph shall be approved unless
             he determines (1)   that the requirements of subdivi-
             sion  (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.

          (v1i)    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 fcr 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
                                   -52-

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

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

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

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

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

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

         (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)   (1)    Within 20 days after receipt of  an application  to con-
                 struct, or any addition to such  application, the Admin-
                 istrator shall advise  the owner  or operator of  any  de-
                 ficiency 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:
                                  -55-

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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-
             pro vability 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 TO  days  after the
        close of  the public comment period, the applicant  may  sub-
        mit a written response to any comments submitted by the
        public.  The Administrator shall consider the applicant's
        response  in making  his final decision.  All comments shall
        be made available for public'inspection in  at least one
        location  in the region in which the source  would be located.

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

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

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

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

(f)  Delegation of authority

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

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

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

          (ii)     A copy of the notice pursuant to paragraph  (e)  (1)  (ii)
                  (c)  of this section  shall be  sent to  the  Administrator
                  through the appropriate regional  office.
                                    -57-

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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)
                               -58-

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