U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 259
Air Pollution Regulations in State
Implementation Plans: Georgia
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290259
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-060
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Georgia
ar
REPRODUCED BV
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-450/3-78-060
2.
3. RECIPIENT'S ACCESSION>NO.
_P6 2^0 ISO.
4. TITLE AND SUBTITLE 6. REPORT DATF ' 1
Air Pollution Regulations in State Implementation i August, 1978 _.
Plans: Georgia ' ((.PERFORMING ORGANIZATION coot
/ AUTHORI5)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob
Schell, Control
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
£JS 14. SPONSORING AGENCY CODE
3rograms Development Division
16. ABSTRACT . . . •
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. pESCRIPTORS
Air pollution . !
Federal. Regulations
Pollution .
State Implementation Plans
IB. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS c. COSATI Meld/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page/ 22. PRICE \>(. / ty f
Unclassified ti$l\ / f\*±\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-060
Air Pollution Regulations
in State Implementation Plans
Georgia
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890, The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-060
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/o'r local'air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceablHty of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing'legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document-are not enforceable by EPA except as they relate to Federal
facilities. .
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to.facilitate usage. For example, for regulations which apply
to .copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations -pertaining to a given State immediately follow the approved
State and local regulations.
• Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one .to quickly assess the contents of the document. Specifically,
the summary .sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability. of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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Submittal Date
7/31/72
3/20/74-
. 7/23/74
6/30/75
SUMMARY SHEET
OF
EPA-APPROVED REGULATION CHANGES
GEORGIA
Approval Date
9/22/72
5/19/75
5/19/75
10/3/75
Description
391-3-1 Sec.02(2)(d),
.02(2)(q), .02(2)(r),
.02(b)
391-3-1.03
391-3-1. 02(2)(a),
.02(2}(g), revoke
Delete 391-3-1.02
(2)(r) Delete last
sentence in 391-3-
1.03(2)(c), .03(3)
6/30/75
12/16/75
8/20/76
8/20/76
391-3-1.03
Miscellaneous
Revisions.
FEDERAL REGULATIONS
Section Number
52.574 •
52.581
Description
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS .
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 , OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND .SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING;AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS,.COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.T.2 VISIBLE EMISSIONS
50.11!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 FUa"BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
.(includes Fuel Content and Other Related Topics)
51.6 .FUELBURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 'FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N0£ (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
STATE REGULATIONS
Revised Standard
Subject Index
(1.0)
(2.0)
(3.0)
(4.0)'
(2.0) ;
(50.1.2)
Section
Number
Chapter 391-3-1
391-3-1-.01
391-3-1-.02
391-3-1-.02 (1)
391-3-1-.02 (2)
391-3-1-.02 (2)(a)
391-3-1-.02 (2)(b)
391-3-1-.02 (2)(c)
(51.9)
(51.5) (51.7),.,. 391-3-1-.02 (2)(d)
(50.1) 391-3-1-.02 (2)(e)
(50.7) 391-3-1-.02 (2)(f)
(50.2) 391-3-1-.02 (2)(a)
(51.3) 391-3-1-.02 (2)(h)
(51.10)' 391-3-1-.02 (2)(1)
(51.18) •' 391-3-1-.02 (2)(j)
(51.8) ' 391-3-1-.02 (2)(k)
(51.9) 391-3-1-.02 (2)(1)
(50.1) 391-3-1-.02 (2)(n)
Title Page
Air Quality Control 1
Definitions 1
Provisions 5
Registration 5
Emission Standards 5
General Provisions 5
Smoke 5
Incinerators 6
Fuel Burning Equipment 7
Particulate Emission From
Manufacturing Processes 10
Fluorides 13
Sulfur Dioxide 13
Portland Cement Plants 15
Nitric Acid Plants 15
Sulfuric Acid Plants 16
Particulate Emission From
Asphaltic Concrete Hot Mix
Plants 16
Conical Burners . 17
Fugitive Dust 18
VIII
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Revised Standard Section
Subject Index Number
(51.4) 391-3-1-.02 (2)(o)
(51.21) 391-3-1-.02 (2)(p)
. (51.1) 391-3-1-.02 (2)(q)
(51.1) 391-3-1-.02 (2)(r)
(50.3) 391-3-1-.02 (2)(s)
(9.0) : 391-3-1-.02 (3)
(4.0) 391-3-1-.02 (4)
(4.0) 391-3-1-.02 (4)(a)
'(4.2) 391-3-1-.02 (4)(b)
(4.1) 391-3-1-.02 (4)(c)
(4.5). 391-3-1-.02 (4)(d)
(4.6) 391-3-1-.02 (4)(e)
(4.6) 391-3-1-.02 (4)(f)
(4.3) 391-3-1-.02 (4)(g)
(51.13) 391-3-1-.02 (5)
(13.0) (9.0). : 391-3-1-.02 (6)
(3.0) 391-3-1-.03
(8.q') 391-3-1-.04
(5.'0) 391-3-1-.05
391-3-1-.06
391-3-1-.07
Title Page
Cupola Furnaces For
Metallurgical Melting 19
Particulate Emissions From
Kaolin and Fuller Earth
Processes 20
Particulate Emissions From
Cotton Gins 23
Particulate Emissions From
Granular and Mixed
Fertilizer Manufacturing Units 24
Nitrogen Oxides
Sampli ng
Ambient Air Standards
Sulfur Dioxide
Particulate Matter
Carbon Monoxide
Total Oxidants
Non-Methane Hydrocarbons
Nitrogen Dioxide
Open Burning
Source Monitoring
Permits
Air Pollution Episodes
Variances
Water Quality Control
24
25
25
25
25
26
26
26
26
27
27
29
30
33
34
35
Inspections and Investigations 35
IX
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Revised Standard
Subject Index
(14.0)
(15.0)
Section
Number
391-3-1-.08
391-3-1-.09
Title
Confidentiality of
Information
Enforcement
Page
35
36
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
Subject IndexNumber
(10.0) . 52.574
(17.0) 52.581
Title
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
38
48
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RULES
OF THE
DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION
CHAPTER 391-3-1
AIR QUALITY CONTROL
(1.0) 391-3-1-.01 DEFINITIONS.
Unless a different meaning is required by the context, the following
terms as used in these rules shall have the meaning herein-after respec-
tively ascribed to same:
(a) "Air-cleaning Device" means any method, process, or equipment
which removes, reduces, dilutes, or renders less noxious air
contaminants discharged into the atmosphere.
(b) "Air Contaminant" means particulate matter, dust, fumes, gas,
mist, smoke, or vapor, or any combination thereof produced by
processes other than natural.
(c) "Air Pollution" means the presence in the outdoor atmosphere
of one or more air contaminants in quantities or characteristic,
and of a duration which are injurious or which unreasonably
interfere with enjoyment of life or use of property throughout
the State or throughout such area of the State as shall be
. affected thereby.
. (d) "Board" means the Board of Natural Resources of the State of
• Georgia.
(e) "Construction" means the fabrication, erection or installation
'of an affected facility.
(f) "Department" means the Department of Natural Resources of the
State of Georgia.
(g) ."Director" means the Director of Environmental Protection
iDivision of the Department of Natural Resources of the State
of Georgia.
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(h) "Dust" means minute solid particles caused to be suspended by
naturaj forces or by mechanical processes such as but not
limited to crushing, grinding, milling, drilling, demolishing,
shoveling, conveying, covering, bagging, mixing, sweeping.
(i) "Facility" means a stationary source or apparatus which emits
any compound to the atmosphere which may result in a condition
of air pollution as defined herein.
(j) "Fly Ash" means particulate matter capable of being gas-borne
or air-borne and consisting essentially of fused ash and/or
other burned or unburned materials resulting from combustion
of fuel or solid waste.
(k) "Foundry Cupola" means a stack-type furnace used for melting
of metals, consisting of, but not limited to, furnace proper,
tuyeres, fans or blowers, tapping spout, charging equipment,
gas cleaning devices and other auxiliaries.
(1) "Fuel-burning Equipment" means equipment the primary purpose of
which is the production of thermal energy from the combustion
of any fuel. Such equipment is generally that used for, but
not'limited to heating water, generating or superheating steam,
heating air as in warm air furnaces, furnishing process heat
indirectly, through transfer by fluids or transmission through
process vessel walls.
(m) "Fugitive Dust" means solid airborne particulate matter emitted
from any source other than through a stack, vent, or chimney.
(n) "Incinerators" means all devices intended or used for the
reduction or destruction of solid, liquid, or gaseous waste
by burning.
• r1* .- •
(o) "Jobbing Foundry" means any foundry where the operation is run
'intermittently and for that length of time necessary to pour
molds on a job by job basis.
(p) "Modification" means any physical change in, or change in the
method of operation of, an affected facility which affects the
amount of any air contaminant emitted by such facility or which
results in the emission of any air contaminant not previously
emitted, except that:
1.-- Routine maintenance, repair and replacement shall not be
considered physical changes, and
2. An increase in the hours of operation shall not be con-
sidered a change in the method of operation.
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(q) "Multiple Chamber Incinerator" means any article, machine,
equipment, or contrivance which is used for the reduction or
destruction of solid, liquid, or gaseous waste by burning and
consists of a series of three or more combustion chambers
physically separated by refractory walls, interconnected by
gas passages or ducts, and lined with refractories having a
pyrometric cone equivalent of at least 31, tested according
to ASTM Method C-24, and is designed for efficient combustion
of the type and volume of material to be burned.
(r) "Opacity" means that property of a substance tending to obscure
vision and is measured in terms of percent obscuration. As
used in these regulations it does not include obscuration
of vision due to uncombined water droplets. The percentage
opacity of a plume is numerically equal to twenty (20) times
the Ringelmann number for a plume of black smoke having equi-
valent capacity of obscuration.
(s) "Open-burning" means any outdoor fire from which the products
of combustion are emitted directly into the open air without
'passing through a stack, chimney or duct.
(t) ^articulate Matter" means material other than uncombined water,
which is suspended in air or other gases as a liquid or solid,
•or would exist as a liquid or solid at 70°F and 14.7 pounds per
•'Square inch absolute.
(u) "Person" means the State or any agency or institution thereof,
any municipality, political subdivision, public or private
'corporation, individual, partnership, association, or other
entity, and includes any officer or governing or managing body
of any municipality, political subdivision, or public or private
•corporation.
(v) '"Process Equipment" means any equipment, device or contrivance
for changing, melting, storing, or handling any material, the
use or existence of which may cause any discharge of air con-
'taminants into the open air, but excluding that equipment de-
fined herein as "Fuel-burning Equipment".
(w) "Process Input Weight Rate" means a rate established as follows:
'1. For continuous or long-run, steady-state source operations,
the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period.
;2. For cyclical or batch source operations, the total process
weight for a period that covers a complete operation or an
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. . .integral number of cycles, divided by the hours of actual
process operation during such a period.
3. Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this definition, the interpretation that re-
sults in the minimum value for allowable emission shall
apply. When recycled material is handled by the process
equipment, it shall be included in the total process weight.
Moisture shall not be considered as a part of process
weight.
(x) "Ringelmann Smoke Chart" means the chart published and described
in the U.S. Bureau of Mines Information Circular 7718 illus-
trating graded shades of gray to black for use in estimating
the light obscuring.properties of air contaminant, or any other
chart, recorder, indicator or device which is approved by the
Department as the equivalent of said chart.
(y) "Smoke" means small gasborne particles resulting from incomplete
combustion, consisting predominantly of carbon, ash, and other
combustible materials, that form a visible plume.
(z) "Solid Waste" means garbarge, refuse, and other discarded solid
material including solid waste materials resulting from indus-
trial, commercial, and agricultural operations.
(aa) "Soot" means agglomerated particles consisting mainly of carbon-
aceous material.
(bb) "Source" means any source at, from, or by reason of which there
is:emitted into the atmosphere any air contaminant, regardless
of who the person may be who owns or operates the building,
premises or other property in, at, or on which such source is
located, or the facility, equipment or other property by which
the .emission is caused or from which the emission comes.
(cc) "Stack Height" means the physical height of a flue, chimney,
vervt; or other point of pollutant discharge above ground level.
(dd) "Standard Cubic Foot" menas one cubic foot of a gas mixture
corrected to standard conditions of 70 F and 14.7 pounds per
square inch absolute.
1 ti
(ee) "Vapor" means the gaseous form of a substance normally in the
liquid or solid state.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga. Laws
1967, page 581 et seq., and Ga. Laws 1971, pages 184, 185.
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(2.0) 391-3-1-.02 PROVISIONS.
(3.0) (1) Registration. Persons engaged in operations which may result
in air pollution shall file reports of registration with the
Department containing information relating to location, size of
outlet, height of outlet, rate and period of emission, and com-
position of effluent, and such other information as may appear
from time to time, to be necessary relative to the sources of
and provided by the Department. The requirement for filing
of such reports shall be conditional upon either the consent of
the person engaged in operations which may result in air
pollution, or the direction of the Department, which direction
may be issued only after a hearing upon notice to the person
engaged in such operation.
(4.0) (2) Emission Standards:
(2.0) (a) General Provisions:
1. No person owning, leasing or controlling the operation
..; of any air contaminant sources shall willfully, negli-
gently, or through failure to provide necessary equip-
ment or facilities or to take necessary precautions,
cause, permit or allow the emission from said air con-
. .. tamination source or sources of such quantities of air
contaminants as will cause, or tend to cause, by them-
selves or in conjunction with other air contaminants,
a condition of air pollution. Complying with any of
the other sections of these rules and regulation shall
in no way exempt a person from this provision.
(50.1.2) (b) Smoke:
1. Except as may be provided in other more restrictive or
• .
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3. In general, Ringelmann Smoke Chart or equivalent
opacity readings shall not apply to emissions whose
opacity is essentially due to uncombined water.
(51.9) (c) Incinerators:
1. Except as specified in the section dealing with conical
burners, no person shall cause or allow to be emitted
into the open air from any incinerator constructed or
extensively altered after January 1, 1972, air contami-
nants as follows:
(i) units with more than 50 tons per day charging rate -•
fly ash and/or other particulate matter in
quantities exceeding 0.08 grains per standard dry
cubic foot of flue gas, calculated to 12 percent
carbon dioxide by volume for products of combustion;
(ii) units with 50 tons or less per day charging rate-
fly as and/or other particulate matter in quanti-
ties exceeding 0.1 grains per standard dry cubic
foot of flue gas, calculated to 12 percent carbon
dioxide by volume for products of combustion;
(iii) smoke the opacity of which is equal to or greater
• than 20 percent (Ringelmann No 1); or equal to or
greater than 40 percent (Ringelmann No. 2) for
three minutes in any one-half hour period.
2. No person shall cause or allow to be emitted into the
air from any existing incinerator constructed and put
into operation before January 1, 1972, air contaminants
as follows:
(i) fly ash and/or other particulate matter in quanti-
ties exceeding 0.2 grains per standard dry cubic
foot of flue gas, calculated to 12 percent carbon
dioxide by volume for products of combustion;
(ii) smoke the opacity of which is equal to or greater
than 40 percent (Ringelmann No. 2), or equal to or
greater than 60 percent (Ringelmann No. 3) for
three minutes in any one-half hour.
3. No person shall operate an existing incinerator after
June 1, 1973, unless:
(i) it is a multiple chamber incinerator,
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(ii) it is provided with an auxiliary burner in the
primary chamber for the purpose of creating pre-
ignition temperature of 800 F;
(iii) it has a secondary burner to control smoke and/or
odors and maintain a temperature of at least
1500 F in the secondary chamber;
(iv) designs other than those mentioned above shall be
considered on an individual basis and will be
exempt from those provisions if, in the judgement
of the Department, said design results in perfor-
mance which meets the standards set forth in
(2) (c) 1. and 2. above.
4. The limitations as outlined in (2) (c) 1. and 2. shall
apply when the incinerator is operating at ful] load.
The carbon dioxide produced by combustion of auxiliary
fuels shall be excluded from the calculation to 12 per-
cent carbon dioxide.
(51.5) (d) Fuel-burning Equipment:
(51.7) 1. No person shall cause, let, suffer, permit, or allow the
emission of fly ash and/or other particulate matter from
any fuel-burning equipment in operation or under con-
struction on or before January 1, 1972; in amounts equal
to or exceeding the following:
(i) for equipment less than 10 million BTU heat input
per hour
P = 0.7 pounds per million PTU heat input;
(ii) for equipment equal to or greater than 10 million
BTU heat input per hour, or equal to or less than
2,000 million BTU heat input per hour:
/10\0.202
P = 0.7 (-gr- ) pounds per million BTU heat input;
(iii) equipment larger than 2,000 million BTU heat input
per hour:
P = 0.24 pounds per million BTU heat input.
, No person shall cause, let, suffer, permit, or allow the
emission of fly ash and/or other particulate matter from
any fuel-burning equipment constructed after January 1,
1972, in the amounts equal to or exceeding the following:
-7-
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(i) for equipment less than 10 million BID heat input
per hour:
P = 0.5 pounds per million BTU heat input;
(ii) for equipment equal to or greater than 10 million
BTU heat input per hour, or equal to or less than •
250 million BTU heat input per hour:
/10\0.5
P = 0.5f •=- ] pounds per million BTU heat input;
(iii) for equipment greater than 250 million heat input
per hour:
P = 0.10 pounds per million BTU heat input
P = allowable weight of emission of fly ash and/or
other parti cul ate matter in pounds per million
BTU heat input
R = heat input of fuel-burning equipment in million
BTU per hour
Figure 1 on page 9 represents the requirement of paragraph
(d) above.
3. No person shall cause, let, suffer, permit, or allow the
emission from any fuel-burning equipment constructed or
extensively modified after January 1, 1972, smoke equal
to or greater than Ringelmann No. 1, or equivalent
opacity; or equal to or greater than Ringelmann No. 2,
or equivalent opacity, for a period of two minutes in
any one hour.
4. No person shall cause, let, permit, suffer or allow the
emission of nitrogen oxides (NO ), reported as nitrogen
dioxide, from any fuel-burning equipment equal to or
greater than 250 million BTU per hour of heat input
that is constructed or extensviely modified after January
1, 1972, equal to or exceeding the following:
(i) when firing coal - 0/7 pounds of NO per million
BTU's of heat input;
(ii) when firing oil - 0.3 pounds of NO per million
BTU's of heat input;
(iii) when firing gas - 0.2 pounds of NO per million
BTU's of heat input;
-8-
-------
I
ID
o.o->
TOTAL INPUT - Mil I.IONS Of Sl'J rt~H liO'.-R
PERMISSIBLE (MISSION or FLY AJII AND OTH>H P-.»TICI;I.MK K.\TT»
fHOM I'L't.L BUS INC INSTAI.LArlOSS
FICUKE 1
73
o
o
o
&
-3
PI
73
UJ
vo
-------
(iv) when different fuels are burned simultaneously in
any combination the applicable standard, expressed
as pounds of NO^ per million BTU's of heat input,
shall be determined by proration. Compliance shall
be determined by using the following formula:
x(0.20) + y(0.30) + z(0.70)
x + y + z
where:
x = percent of total heat input derived from
gaseous fuel;
y = percent of total heat input derived from
oi 1;
z = percent of total heat input derived from
coal.
(50.1) (e) Particulate Emission from Manufacturing Processes:
1. Except as may be specified in other sections of this rule
no person shall cause, let, permit, suffer, or allow the
rate of emission from any source, particulate matter in
total quantities equal to or exceeding the amounts shown
in Table la or Ib. Equipment in operation, or under
construction contract, on or before July 2, 1968, shall
be considered existing equipment. All other equipment
put in operation or extensively altered after said da.te
is to be considered new equipment.
(i) The following equations shall be used to calculate
the allowable rates of emsssion from new equipment
and shall accompany Table la:
E = 4.1 P ' ; for process input weight rate above
30 tons per hour
E = 55 P ' - 40; for process input weight rate
above 30 tons per hour.
(ii) The following equation shall be used to calculate
the allowable rates of emission from existing equip-
ment and shall accompany Table Ib:
E - 4.1 P°-67
E = emission rate in pounds per hour
-10-
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TABLE la
ALLOWABLE RATE OF EMISSION
BASED ON
PROCESS WEIGHT RATE ON NEW EQUIPMENT
Process Input
Weight
Lb/Hr
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
or Tons/Hr
0.05
0.10
0.20
0.30
' 0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of'
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Input
Weight Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
or Tons/Hr
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-11-
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TABLE Ib
ALLOWABLE RATE OF EMISSION
BASED ON
PROCESS WEIGHT RATE ON EXISTING EQUIPMENT
Process Input
Weight Rate
Rate of
Emission
Process Input
Weight Rate
Rate of
Emission
Lb/Hr or Tons/Hr Lb/Hr
Lb/Hr or Tons/Hr Lb/Hr
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
'1.75
2.00
2.50
3.00
3.50
4.00
4.50
, 5.00
6.00
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
16.5
17.9
19.2
25.2
30.5
35.4
40.0
44.35
48.4
52.5
56.4
63.5
70.6
77.0
89.7
262
424
878
To use.Tables la and Ib, take the process input weight rate (Lb/Hr or
Tons/Hr). Then find this figure on the table, opposite is the maximum
number of pounds of contaminants which may be discharged into the atmos-
phere in any one hour.
-12-
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P = process input weight rate in tons per hour.
(50.7) (f) Fluorides:
1. Unit emissions of fluoride, expressed as pounds of
fluoride ion per ton of P205 or equivalent, shall not
exceed 0.4 pounds for a source in1 operation on or before
January 1, 1972; and 0.2 pounds for all sources placed
in operation or extensively altered after January 1,
1972. The allowable emission of fluorides shall be cal-
culated by multiplying the unit emission specified above
times the expressed design capacity of the source in
question.
(50.2) (g) Sulfur Dioxide:
1. No person shall cause, let, suffer, permit, or allow from
any source the emission of sulfur dioxide (803) equal
to or exceeding
(i) for stack height(s) less than 300 feet -
S = 4,OOOF (^o")3» in pounds per hour;
(ii) for stacks 300 feet or greater in height -
/ \ 2
S = 4.000F i , in pounds per hour;
(iii) F = 0.8, when 2 or more fuel -burning sources each
having a heat imput of more than 500 million BTU's
per hour and burning fuel containing more than
1 percent sulfur by weight are located in an urban
area ;
(iv) F = 1, for other fuel-burning sources located in an
urban area, and for all other kinds of sources
emitting sulfer dioxide regardless of location;
(v) F = 2, for fuel-burning sources having a heat in-
put less than 10,000 million BTU's per hour, and
located in a rural area;
(vi) F = 3, for fuel-burning sources having a heat input
equal to or greater than 10,000 million BTU's per
hour, and located in a rural area;
(vii) For the purposes of this section, the term "urban"
shall mean any site located within or 5 miles from
the limits of a city having a population of 50,000
-13-
-------
or more; the term "rural" will apply to all other
site locations.
(viii) hs is the stack height in feet. If several stacks
are located at a given site, then the stack height
to be used above will be the weighted average 'stack
height given by
h . h!Sl +h2S2* ••• hn$n
s Stotal
where hi is the height of the first stack, S-j is
the sulfur dioxide emitted from the first stack,
\\2 is the height of the second stack, and so forth.
Stotal 1S the total sulfur dioxide emission at the
site. S is expressed in pounds per hour sulfur
dioxide from a stack. No single stack may exceed
the above allowed emission calculated using its
own actual height.
2. New fuel-burning sources over 250 million BTU's of heat
input per hour, that are constructed or extensively
modifed after January 1, 1972, may not emit sulfur dioxide
equal to or exceeding
(i) 0.8 pounds of sulfur dioxide per million BTU's of
heat input when oil is fired;
(ii) 1.2 pounds of sulfur dioxide per million BTU's heat
input when oil is fired;
(iii) when different fuels are burned simultaneously in
any combination, the applicable standard, expressed
as pounds of sulfur dioxide per million BTU's of
heat input, shall be determined using the following
formula:
y(0.80) + a(1.2)
x + y + z
where :
x = percent of total heat input derived from
gas;
y = percent of total heat input derived from
oil ;
z = percent of total heat input derived from
coal .
-14-
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In addition to the stipulations and limitations in
paragraphs 1. and 2. of this subsection, all fuel
burning sources below 100 million BTU's of heat in-
put per hour shall not burn fuel containing more
than 2.5 percent sulfur, by weight. All fuel
burning sources having a heat input of 100 million
BTU's per hour or greater shall not burn a fuel
containing more than 3 percent sulfur, by weight.
Notwithstanding the limitations on sulfur content
of fuels stated in paragraph 3. above, the Director
may allow sulfur content greater than that allowed
in paragraph 3. above, provided that the source
utilizes sulfur dioxide removal and the sulfur
dioxide emission does not exceed that allowed by
paragraph 3. above, utilizing no sulfur dioxide
removal.
(51.3) (h) Portland Cement Plants:
1. No person shall cause, let, permit, suffer or allow
the emission of particulate matter from Portland
Cement Plants constructed or extensively modified
after January 1, 1972, to equal or exceed:
(i) 0.30 pounds from the kiln per ton of feed to
the kiln;
(ii) 0.10 pounds from the clinker cooler per ton
of feed to the kiln;
(iii) Visible emissions from the kiln shall not ex-
ceed No. 1/2 Ringelmann (10 percent opacity);
(iv) There shall be no emission equal to or greater
than 10 percent opacity from all other sources
within the plant.
(51.10) (i) Nitric Acid Plants:
1. No person shall cause or allow the emission of
nitrogen oxides (NOX), expressed as nitrogen dioxide,
from nitric acid plants equal to or exceeding:
(i) for plants constructed before January 1, 1972:
25 pounds of NOX, expressed as nitrogen dioxide,
per ton of 100% acid produced;
-15-
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(ii) for plants constructed after January 1, 1972:
3.0 pounds of NOX, expressed as nitrogen
dioxide, per ton of 100% acid produced;
visible emissions shall not exceed 10% opacity.
2. No person shall operate a nitric acid plant unles§
the plant is equipped with a continuous NOX monitor
and recorder or an alternate system approved by the
Director.
(51.18) (j) Sulfuric Acid Plants:
1. No person shall cause or allow the emission of sul-
fur dioxide (SOX) or acid mist from sulfuric acid
plants equal to or exceeding:
(i) for plants constructed before January 1, 1972:
27 pounds of S02, or 0.15 pounds of acid mist
per ton of 100% acid produced;
(ii) for plants constructed after January 1, 1972:
4.0 pounds of SOgs or 0.15 pounds of acid mist
per ton of 100% acid produced; visible emissions
shall not exceed 10% opacity.
2. No person shall operate a sulfuric acid plant unless
the plant is equipped with a continuous S02 monitor
and recorder or an approved alternate system approved
by the Director.
(51 8) (k) Particulate Emission from Asphaltic Concrete Hot Mix
Plants:
1. No person shall cause, let, suffer, permit, or allow
the emission of particulate matter from an Asphaltic
Concrete Hot Mix Plant equal to or exceeding amounts
derived from the following formulas:
(i) For existing plants below 45 tons per hour in-
put - E = P, pounds per hour;
(ii) For existing plants equal to or greater than
45 tons per hour input - E = 10P0.4, pounds per
hour;
(iii) For new plants below 125 tons per hour input -
E = 2.1 pO-6, pounds per hour;
-16-
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(iv) For new plants equal to or greater than 125
tons per hour input - E = 14 P°-s pounds
.per hour;
(v) E equals the allowable emission of particulate
matter in pounds per hour. P equals the pro-
cess input weight rate in tons per hour;
(vi) Equipment in operation, or under construction
contract, on or before January 1, 1972, shall
be considered existing equipment. All equip-
ment constructed or extensively altered after
said date shall be considered new.
(1) Conical Burners
1. New or Modified Conical Burners:
(i) No conical burners under construction or modi-
fied after January 1, 1972, shall be allowed
to operate unless equipped to maintain an exit
gas temperature of 800°F, which temperature
shall be achieved as rapidly as possible by
utilization of an auxiliary burner at startup.
To insure that this requirement is met, an exit
temperature sensing device with recording
apparatus shall be installed. The recording
charts shall be kept on file and made available
to the Department or its duly authorized repre-
sentative upon request;
(ii) New or modified conical burners also must meet
the requirements of paragraph (2)(1)2. below.
2. Existing Conical Burners:
(i) No person shall cause, let, suffer, allow, or
permit emission of smoke from any conical
burner in operation prior to January 1, 1972,
the shade density, or appearance of which is
equal to or greater than No. 2 of the Ringel-
mann Smoke Chart, or equivalent opacity. This
shall not apply to emissions the shade of
which is essentially due to water vapor.
(ii) No person shall cause, let, suffer, allow, or
permit the emissions into the open air from
any conical burner, fly ash or other particu-
late matter in quantities exceeding 0.2 grains
-17-
-------
per standard dry cubic foot of flue gases,
calculated to 12 percent carbon dioxide by
volume for products of combustion.
(iii) The limitations as outlined in (2)(1)2. shall
apply when the burner is operating at full load.
The carbon dioxide produced by combustion of
auxiliary fuels shall be excluded from the
calculation to 12 percent CC.
(50.1) (n) Fugitive Dust:
1. All persons responsible for any operation, process,
handling, transportation or storage facility which
may result in fugitive dust shall take all reason-
able precautions to prevent such dust from becoming
airborne. Some reasonable precautions which could
be taken to prevent dust from becoming airborne in-
clude, but are not limited to, the following:
(i) Use, where possible, of water or chemicals for
control of dust in the demolition of existing
buildings or structures, construction opera-
tions, the grading of roads or the clearing of
land;
(ii) Application of asphalt, oil, water, or suitable
chemicals on dirt roads, materials stockpiles,
and other surfaces which can give rise to air-
borne dusts;
(iii) Installation and use of hoods, fans, and
fabric filters to enclose and vent the handling
of dusty materials. Adequate containment
methods can be employed during sandblasting or
other similar operations;
(iv) Covering, at all times when in motion, open
bodied trucks, transporting materials likely
to give rise to airborne dusts;
(v) Conduct of agricultural practice such as tilling
of land, application of fertilizers, etc., in
such manner as to prevent unnecessary dust from
becoming airborne;
(vi) the paving of roadways and their maintenance in
a clean condition;
-18-
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(vii) the prompt removal of earth or other material
from paved streets onto which earth or other
material has been transported by trucking or
earth moving equipment, erosion by water, or
other means.
(51.4) (o) Cupola Furnaces for Metallurgical Melting:
1. The emissions of particulate matter from all new
and existing ferrous foundry cupolas with an input
process weight rate in excess of fifty thousand
(50,000) pounds per hour shall no exceed the amounts
determined from Table la and the accompanying equa-
tion of the Rules and Regulations.
2. The emission of particulate matter from all new and
existing ferrous foundry cupolas with an input pro-
cess weight rate less than fifty thousand (50,000)
pounds per hour shall not exceed the amounts deter-
mined from Table Ic of the Rules and Regulations
except as follows:
(i) Any jobbing foundry which operates its cupola
furnace or furnaces intermittently to melt ten
(10) tons or less per 24 hour day shall be
deemed in compliance if particulate emissions
do not exceed six (6) pounds per ton of metal
melted.
TABLE Ic
PARTICULATE EMISSIONS
FROM
FERROUS FOUNDRIES
Process Weight Maximum Weight Discharge
(Ib/hr) (Ib/hr)
1,000 3.05
2,000 4.70
3,000 6.35
4,000 8.00
5,000 9.58
6,000 11.30
7,000 12.90
-19-
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Table Ic Continued
Process Weight Maximum Weight Discharge
(Ib/hr) (Ib/hr)
8,000 14.30
9,000 15.50
10,000 16.65
12,000 18.70
"16,000 21.60
18,000 23.40
20,000 25.10
30,000 31.30
40,000 33.76
50,000 35.40
(51.21) (p) Particulate Emissions from Kaolin and Fuller's Earth
Processes:
1. The following equations shall be used to calculate
the allowable rates of emission from Kaolin and
Fuller's earth process equipment constructed or
extensively modified after January 1, 1972, and
shall accompany Table Ila:
n fi?
(i) E = 3.59P ; for process input weight rate up
to and including 30 tons per hour;
(ii) E = 17.31P0'16; for process input weight rate
up to and including 30 tons per hour.
2. The following equation shall be used to calculate
the allowable rates of emission from Kaolin and
Fuller's earth process equipment constructed or put
in operation on or before January 1, 1972, and
shall accompany Table lib:
(i) E = 4.1P ; for process input weight rate up
to and including 30 tons per hour;
(ii) E = 55P - 40; for process input weights
rate above 30 tons per hour.
3. The combined particulate emissions from any Kaolin
or Fuller's earth plant site shall not exceed 250
pounds per hour.
E = allowable emission rate in pounds per hour;
P = process input weight rate in tons per hour.
-20-
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TABLE I la
ALLOMABLE RATE OF EMISSIONS FROM KAOLIN
AND FULLER'S EARTH PROCESSES ON
NEW OR MODIFIED EQUIPMENT
Process Input Weight Rate
(Lbs/Hr)
Rate of Emissions
(Lbs/Hr)
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
400,000
1,000,000
0.03
0.55
1.53
2.25
6.34
9.73
14.99
29.60
31.19
33.28
34.85
36.11
40.35
46.72
-21-
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TABLE lib
ALLOWABLE RATE OF EMISSION FROM KAOLIN
AND FULLER'S EARTH PROCESSES
ON EXISTING EQUIPMENT
Process Input
Weight Rate
Lb/Hr or
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000.
7,000
8,000
9,000
10,000
12,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4,00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22 '
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Input
Weight Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
or Tons/Hr
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
.25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
-22-
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(51.1) (q) Particulate Emissions from Cotton Gins.
1. The emission of participate matter from any cotton gin-
ning operation shall not exceed the amounts determined
from Table Ilia and the accompanying equation of the
Rules and Regulations.
(i) The following equation shall be used to calculate
the allowable rates of emission and shall
accompany Table Ilia:
E - 7 B°'5
E = allowable emission rate in pounds per hour
B = number of standard bales per hour. A
standard bale is defined as a finished
bale weighing 500 pounds.
TABLE Ilia
PARTICULATE EMISSION
FROM COTTON GINS
No. of Bales/Hr. Allowable-lbs/Hr.
~ • — ~ " - - "r~m- ~ — t
1 7.00
2 9.90
3 12.12
4 14.00
5 ... 15.65
6 17.15
7 18.52
8 19.80
9 21.00
10 ... 22.14
11 23.22
12 24.25
13 25.24
14 26.19
15 27.11
16 28.00
I7 28.86
18 29.69
19 30.51
20 31.30
-23-
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(51.1) (r) Participate Emissions from Granular and Mixed Fertilizer
-Manufacturing Units.
1. For the purpose of this regulation the ammoniator,
dryer, cooler and associated equipment will be con-
sidered one unit.
2. The following equations shall be used to calculate
the allowable rates of emission from granular and
mixed fertilizer manufacturing units:
(i) E = 3.59 P ; for production rates up to and
including 30 tons per hour;
(ii) E = 17.31 p°-16; for production rates above 30
tons per hour;
E = allowable emission rate in pounds per hour;
• P = production rate of finished product in tons
per hour. Recycle will not be included.
(50.3) (s) Nitrogen Oxides
1. No person shall cause or allow from any source, except
fuel burning equipment, the emission of nitrogen
oxides (NOX), expressed as nitrogen dioxide, equal to
or exceeding:
(i) for stack height (s) less than 300 feet -
N = 9,300 » in pounds per hour;
(ii) for stacks 300 feet or greater in height -
N = 9,300 - » in pounds per hour;
(iii) Irs is the stack height in feet. If several stacks
are located at a given site, then the stack height
to be used above will be the weighted average stack
height given by
h,N, + h,N0 + ... h N
ns = JJ - 2J - OJL
total
where h^ is the height of the first stack, N-j is
the NOX emitted from the first stack, and so forth.
Ntotal 1S tne totfll NOX emission at the site. N is
-24-
-------
expressed in pounds per hour NOX from a stack.
No single stack may exceed the above allowed
emission calculated using its own actual height.
(9.0) (3) Sampling:
(a) Any sampling, computation, and analysis to determine the
compliance with any of the standards set forth herein shall
be by methods and procedures approved by the Department
prior to sampling.
(b) The owner or operator of any equipment which is being
sampled for the purpose of determining compliance with the
Regulations shall operate such equipment at the maximum
expected operating capacity during the sampling period.
(c) The owner or operator of any source shall provide perfor-
mance testing facilities as follows:
1. Sampling ports adequate for test methods applicable to
such source;
2. Safe sampling platforms;
3. Safe access to sampling platforms;
4. Electric power for sampling and testing equipment.
(4.0) (4) Ambient Air Standards:
, . (:a) No person shall cause, suffer, permit or allow the emission
14-0) from any source the quantities of compounds listed below
which would cause the ambient air concentrations listed
to be exceeded. This does not exempt such sources from
controlling their emissions to a point equal to or lower
than the levels required to comply with a specific emission
standard enumerated in other sections of these Rules.
(4.2) (b) Sulfur Dioxide:
1. Sulfur dioxide concentration, at ground level, shall
not be allowed to exceed 715 micrograms per cubic meter
for a one-hour average, 229 micrograms per cubic meter
for a twenty-four hour average, or 43 micrograms per
cubic meter for the annual mean concentration. Stan-
dard conditions for sulfur dioxide measurements shall
be considered to be 0°C and 760 mm. Hg.
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2. The specified standard procedure for measuring
ambient air concentrations of sulfur dioxide shall be
West-Gaeke or equivalent method.
(4.1) (c) Particulate Matter:
1. Particulate matter concentration, at ground level,
shall not be allowed to exceed 150 micrograms per
cubic meter for a twenty-four hour average, or 60
micrograms per cubic meter, annual geometric mean.
2. The specified standard procedure for measuring particu-
late matter shall be high volume air sampling or equi-
valent method.
(4.5) (d) Carbon Monoxide:
1. Carbon monoxide concentration, at ground level, shall
not be allowed to exceed 40 milligrams per cubic meter
for a one-hour average or 10.4 milligrams per cubic
meter for an eight-hour average. Standard conditions
for carbon monoxide measurements shall be considered
to be 25°C and 760 mm Hg.
2. The specified standard procedure for measuring ambient
air concentrations of carbon monoxide shall be the
non-dispersive infrared or equivalent method.
(4.6) (e) Total Oxidants:
1. Total oxidant concentration, at ground level, shall
not be allowed to exceed 98 micrograms per cubic meter
for a one-hour average. Standard conditions for total
oxidant measurements shall be considered to be 25°C
and 760 mm Hg.
2. The specified standard procedure for measuring ambient
air concentrations of total oxidants shall be the
neutral buffered potassium iodide or equivalent method.
(4.4) (f) Non-Methane Hydrocarbons:
1. Non-Methane hydrocarbon concentrations, at ground level,
shall not be allowed to exceed 98 micrograms per cubic
meter for a three-hour morning average. Standard con-
ditions for total hydrocarbons measurements shall be
considered to be 25°C and 760 mm Hg.
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2. The specified standard procedure for measuring ambient
air concentrations of non-methane hydrocarbons shall
be flame ionization detection or equivalent method.
(4.3) (g) Nitrogen Dioxide:
1. Nitrogen dioxide concentration, at ground level, shall
not be allowed to exceed 300 micrograms per cubic
meter for a twenty-four hour average, or 100 micrograms
per cubic meter, annual arithmetic mean.
2. The specific standard procedure for measuring ambient
air concentration of nitrogen dioxide shall be the
Jacobs-Hocheiser or equivalent method.
(51.13) (5) Open Burning:
(a) No person shall cause, suffer, allow, or permit open
burning in any area of the state except as follows:
1. reduction of leaves on the premises on which they fall
by the person in control of the premises, unless pro-
hibited by local ordinance and/or regulation;
2. carrying out recognized agricultural procedures ne-
cessary for production or harvesting of crops;
3. destruction of combustible demolition, or construction
materials either on site or transported to a burning
facility approved by the Department, unless prohibited
by local regulations;
4. supervised removal of undesirable growth from forest
and woodlands;
5. for recreational purposes or cooking food for immediate
human consumption;
6. fires set for purposes of training public fire-fighting
personnel when authorized by the appropriate govern-
mental entity and the guidelines set forth by the
Department are strictly observed;
7. disposal of tree limbs, etc., resulting from storm
damage;
8. for weed abatement, disease, and pest prevention;
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9. operation of devices using open flame such as, tar
kettles, blow torches, welding torches, portable
heaters, and other flame making implements;
10. setting and maintenance, by contractors and trademen,
of miscellaneous small fires necessary in such
activities as street paving work, installation or re-
pair of utilities, etc., provided, that such fires are
kept small in size, no smoke of a shade darker than a
No. 2 on the Ringelmann chart is produced, and that
local ordinances and regulations do no prohibit such
action;
11. open burning in other than predominantly residential
areas for the purpose of landclearing for construc-
tion or right of way maintenance provided the
following conditions are met:
(i) Prevailing winds at the time of the burning are
away from the major portion of the area's popula-
ti on;
(ii) The location of the burning is at least 1,000
feet from any dwelling located in a predominantly
residential area;
(iii) The amount of dirt on or in .the material being
burned is minimized;
(iv) Heavy oils, asphaltic materials, items containing
natural or synthetic rubber, or any materials
other than plant growth are not being burned;
(v) No more than one pile 60' by 60' or equivalent is
being burned within a 9 acre area at one time.
(b) In those counties whose total population, as listed in the
latest U.S. Census, exceeds 65,000 the only legal exceptions
of open burning shall be items 5., 6., 9., and 10. under
section (5)(a) above, provided however, that if adequate
disposal facilities for the particular combustible materials
involved are not reasonably available, the other items
under section (5)(a) shall also be permitted except that in
no event shall the open burning of more than 100 cubic yards
per day of material described in item 11 of section (5)(a)
be permitted unless the person performing such burning
shall have first given two days written notice of the time
and place of such burning to the Department.
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(c) A written notification to a person of a violation at one
site shall be considered adequate notice of the Rules and
.• Regulations and subsequently observed violations by the
same person at the same or different site will result in
immediate appropriate legal action by the Department.
. (d) Except for a reasonable period to get a fire started, no
• smoke of a shade darker than a No. 2 of the Ringelmann
Chart or equivalent opacity, shall be emitted by any source
of open burning listed in sections (5)(a) and (b).
(e) During an air pollution episode declared by the proper
authorities, no open burning of any kind shall be per-
mitted unless open burning is required in the performance .
of an official duty of any public office if fire is
necessary to thwart or prevent a hazard which cannot be
properly managed by any other means or is necessary for
the protection of public health.
(13.0) (6) Source Monitoring:
(9.0)
(a) Persons engaged in operations which cause emissions to be
released to the atmosphere which may result in air pollu-
' tion, may be required by order of the Director of the
Environmental Protection Division, upon written notice,
to install, maintain and use emission monitoring devices,
. to sample such specific emissions as prescribed by the
Director, to make periodic reports on the nature and
amounts of emissions and such other information as he may
• reasonably require and to maintain such records as the
Director may prescribe so as to determine whether the
provisions of this Act or any regulation or order issued
hereunder.
(b) Specific types of information and/or equipment installation
which may be requested may include, but are not limited to,
the following items:
• 1. Photoelectric or other type smoke detector and re-
corders for continuous measurement and recording of
smoke density emissions.
2. Sulfur contents of solid and liquid fuels, the deter-
mination of which shall be conducted in accordance with
acceptable and appropriate American Society for Testing
and Materials procedures.
3. Heating value and ash content of solid and liquid fuels.
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4. As technology permits, instrumentation for continuous-
ly monitoring particulate and gaseous emissions.
"5. Daily production and feed rates, daily hours of opera-
. tion and monthly summaries of this information.
(c) Records of information requested shall be submitted on
forms supplied by the Director, or when forms are not
supplied, in a format acceptable to and approved by the
Director. The information obtained on request of the
Director shall be retained for a period and shall be re-
ported at time intervals to be specified. Records shall
be kept current and be available for inspection at the
discretion of the Director.
(d) All data gathered in the process of enforcing this Regula-
tion shall be considered public information and shall be
made available upon request, except such information which
is required to be kept confidential by Code Section 88-908.
Legal Authority: GA. Laws 1964, pages 507, 557 and as amended by Ga.
Laws 1971, pages 184, 185, and Ga. Laws 1972, pages 994 and 995.
(3.0) 391-3-1-.Q3 PERMITS.
(1) Construction Permit:
(a) Any person prior to beginning the construction or modifica-
"tion of any facility, which may result in air pollution,
•'shall obtain a permit for the construction or modification
of such facility, from the Department.
(b) The application for a construction permit shall be made on
forms supplied by the Jepartment, signed by the Applicant,
and filed with the Department well in advance of any criti-
cal date involved in order that time will be available for
review, discussion and revision where necessary. The
application shall include, or be accompanied by, or both,
all pertinent information as the Department may require for
a full evaluation of the proposed construction or modifi-
cation of facility, such as: processed flow diagrams; plot
plans; description of control devices; description of the
'proposed new or modified operation; type of operation; raw
materials and chemicals to be used; type, quantity, and
•heat output of fuels to be used; finished products; amount
of combustible waste that will be generated and method of
-.'disposal; characteristics and amounts of emissions to
'atmosphere; engineering reports, plans and specifications;
.time schedules and reports of progress; records; and re-
lated information.
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(c) The permit for the construction or modification shall
be issued upon determination by the Department that the
facility can reasonably be expected to meet all the
provisions of Code Chapter 88-9 and any standards or rules
and regulations promulgated by the Board.
(2) Operating Permit:
(a) Any person operating a facility from which air contami-
nants are or may be emitted must obtain a permit for such
operation from the Director of the Environmental Protection
Division of the Department of Natural Resources.
(b) Application for an operating permit must be made within
thirty days after commencement of normal operations, or,
in the case of an existing facility, within thirty days
after this regulation becomes effective. The operation of
an existing facility for which a proper permit application
has been made shall not be interrupted pending final action
on the permit by the Director of Environmental Protection
Division.
(c) The application for an operating permit shall include the
submission of such plans, specifications, and other infor-
mation as deemed necessary by the Director to make full
evaluation of the performance of the facility.
(d) An operating permit will be issued on evidence satisfactory
to the Director of compliance with provisions of Code
Chapter 88-9 (Ga. Laws 1967, p. 581, as amended) and the
Rules and Regulations promulgated thereunder. The permit
will specify the conditions under which the facility shall
be operated in order to comply with the statute, rules
and regulations. As a condition for the issuance of an
operating permit, the Director may require the applicant
to conduct performance tests and monitoring and reporting
of operations to demonstrate compliance with the statute,
rules and regulations. Such tests and monitoring shall
. be conducted in accordance with methods approved by the
Director.
.(e) The Director may grant a temporary operating permit for
such period of time, and under such conditions as he shall
specify in the permit, in order to allow the applicant a
reasonable period of time to correct deficiencies in any
existing facility. The temporary operating permit shall
specify a schedule which will bring the existing facility
into compliance with the statute, rules and regulations in
the shortest practical time period.
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(3) Revocation of Permits. Any permit issued shall be subject to
periodic review and may be revoked or modified by the Director
if th& permittee fails to comply with the approved plans and
specifications for the operation of the permittee's facility,
or if the permittee violates any permit conditions. In the
event'Of modification or revocation of the permit, the
Director shall serve written notice of such action on the
permittee and shall set forth in such notice the reason for
such action.
(4) Permits Not Transferable. A permit is not transferable from
one person to another person nor from one facility to another
facility.
(5) Permits Public Records. Except as to information required to
be kept confidential by Code Section 88-908, all applications
for construction and operating permits shall be public records.
(6) Exemptions. Permits to construct and operate new sources will
not be. required for:
(a) TKe installation or alteration of an air contaminant
detector, air contaminant recorder, combustion controller,
or" combustion shutoff controls;
(b) Air conditioning or ventilating systems not designed to
remove air contaminant generated by or released from
.such equipment;
(c) Fuel burning equipment, such as: devices that use gas as
a-fuel for space heating, air conditioning, or heating
water; or heating devices used in private dwelling with a
BTU input or less than 1,000,000 BTU per hour;
(d) .Internal combustion engines under 3,000 H.P.;
'.'
(e) Laboratory equipment used exclusively for chemical or
physical analysis;
(f). Small gas-fired incinerators installed in private residen-
tial dwellings that are of a design approved by the
Department;
(g) Other sources of minor significance specified by the Board.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga. Laws
1971, pages 18^, 185, and Ga. Laws 1973, page 1285.
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(8.0) 391-3-1-.04 AIR POLLUTION EPISODES.
(1) In order to prevent the occurrence of air contaminant con-
eehtrations great enough to cause danger to the public health,
the Department will proclaim that an Air Pollution Alert, Air
Pollution Warning, or Air Pollution Emergency exists when the
meteorological conditions are such that an air stagnation con-
dition is in existence and/or the accumulation of air contami-
nants in any place is attaining or has attained levels which
could, if such levels are sustained or exceeded, lead to a sub-
stantial threat to the health of persons in the specified area
affected.
(2) The Department will maintain a listing of specific air con-
taminant concentrations which, if reached or exceeded at any
monitoring site, will give rise to the proclamation of a res-
pective air pollution episode level. This listing will be
available and furnished to any interested person, upon request
to tfjie Department. These ambient concentration levels will be
, in graded levels with more restrictive control requirements
being necessary as the concentrations progress upward, with the
Air'Pollution Emergency level being one which should never-be
reached and the most stringent control actions are necessary
'for''reduction of air contaminant levels in the atmosphere.
i
(3) The. proclamation of an air pollution episode level can be
for a specific, limited area affected by certain emissions,
and shall always be accompanied by the expectation of air
stagnation conditions for twelve (12) hours or more.
(4) Upon the request of the Department, any source owner, operator,
or .lessee shall prepare and furnish to the Department written
Air Pollution Episode plans for use in reducing the emission of
air-contaminants when the source is notified of the existance
of an Air Pollution Alert, Warning or Emergency in its area of
influence. Such plans shall identify the sources of air con-
taminants, the amount of reduction to be achieved, the method
by -which the reduction will be accomplished, and the times re-
quired to put each such reduction step into effect. The plan
will specify progressively more stringent control actions to" be
taken at each of the air pollution episode levels, with the
Alert level needing the least reduction and the Emergency level
; requiring the most reduction of emissions. The submitted Air
Pollution Episode plan shall be subject to review and approval
by the Department. If the plan is judged to be inadequate by
the Department it shall be disapproved and an amended plan will
be prepared and resubmitted by the source owner, operator, or
lessee.
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(5) When notified by the Department of the existence of an Air
. Pollution Alert, Warning, or Emergency in an area influenced
:.-. by Us emissions, the source owner, operator, or lessee shall
'irnmdelately put into effect the control actions enumerated in
"the approved pollution episode plan on file with the Department,
as appropriate for the specific episode level in effect.
(6) Once proclaimed by the Department, an air pollution episode level
will remain in effect until the criteria for air contaminant
concentrations applicable to the respective level are no longer
met. 'At such time, the next lower status will be assumed.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga. Laws
1967, page 581 et seq., and Ga. Laws 1971, pages 184, 185.
(5.0) 391-3-1-.05 VARIANCES.
In an effort to forestall musunders'tanding in the matter of variance, Sec-
tion 88-912, of the Georgia Code Annotated, is quoted below in its en-
tirety. (Georgia Laws 1967, page 587 and 588).
"88-912. Variance, the Department may grant specific or general
classes of variances from the particular requirements of any rule,
regulation .or general order to such specific persons or class of
persons or specific source or general classes of sources of air con-
taminants upon such conditions as it may deem necessary to protect
the public health and welfare, if it finds that strict compliance
with such rule, regulation or general order is inappropriate because
of conditions beyond the control of the person or classes.or person
granted such, variances, or because of special circumstances which
would render strict compliance unreasonable, unduly burdensome, or
impractical due to special physical conditions or causes, or because
strict compliance would result in substantial curtailment or
closing down of one or more businesses, plants or operations, or be-
cause no alternative facility or method of handling is yet available.
Such variances may be limited in time. In determining whether or
not such variances shall be granted, the Department shall give con-
sideration to the protection of the public health, safety and
general welfare of the public, and weight the equities involved and
the relative advantages and disadvantages to the resident and the
occupation or activity affected. Any person or persons seeking a
variance shall do so by filing a petition therefor with the Director
of the Department. The Director shall promptly investigate such
petition and make a recommendation as to the disposition thereof.
If such recommendation is against the granting of the variance, a
hearing shall be held thereon within 15 days after notice to the
petitioner.-: If the recommendation of the Director is for the
granting of a variance, the Department may do so without a hearing;
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provided, however, that upon the petition of any person aggrieved
by the granting of a variance, a public hearing shall be held
thereon. A variance granted may be revoked or modified by the
Department after a public hearing which shall be held after giving
** at least 15 days prior notice. Such notice shall be served upon all
persons, known to the Department, who will be subjected to greater
restrictions if such variance is revoked or modified, or are likely
to be affected or who have filed with the Department a written re-
quest for such notification.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga.
Laws 1967, page 581 et. seq., ar;:d Ga. Laws 1971, pages 184 and 185.
(2.0) 391-3-1-.06 WATER QUALITY CONTROL.
Any person owning or operating an air-cleaning device, from which there is
waste material which may cause pollution of the waters of this' State, shall
comply with laws, rules and regulations administered by the Georgia Water
Quality ControV Board.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga.
Laws -1967, page 581 et seq., and Ga. Laws 1971, pages 184 and 185.
(9.0) 391-3-1-.07, INSPECTIONS AND INVESTIGATIONS.
In carrying out the provisions of these rules, regulations and standards,
the Department, or its duly authorized representative, shall have the
power to enter at reasonable times upon any private or public property,
and the owner, managing agent, or occupant of such property shall perm.it
such entry for the purpose of inspection and investigating conditions re-
lating to pollution or the possible pollution of the air of the State,
under the provisions of Chapter 88-907 of the Georgia Code Annotated,
(Georgia Laws', 1967, page 587).
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga.
Laws 1967, -page 581 et seq., and Ga. Laws 1971, pages 184 and 185 .
(14.0) 391-3-1-.-08 CONFIDENTIALITY OF INFORMATION.
In conforman'ce with Chapter 88-908, of the Georgia Code Annotated,
(Georgia Laws. 1967, page 587), any information relating to secret pro-
cesses or'methods of manufacture or production obtained by the Board, De-
partment, or their employees in carrying out the provisions of these
rules, regulations, and standards, shall be kept confidential.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga.
Laws 1967, .page 581 et seq., and Ga. Laws 1971, pages 184 and 185.
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(15.0) 391-3-1-.09 ENFORCEMENT.
(1) The administration and enforcement of these rules and regula-
tions shall be as prescribed in Sections 88-913 and 88-914, of
the. Georgia Code Annotated, (Georgia Laws 1967, pages 588 and
589), Section 88-304 of the Georgia Code Annotated, (Acts o£
1964, pages 499 and 518), and in compliance with the applicable
minimum requirements as prescribed by the Georgia Administra-
tive Procedures Act, (Georgia Laws 1964, page 338).
(2) The Department will make every effort to remedy any violations
of the provisions of the Air Quality Act or Rules, Regulations,
and Standards of the Board promulgated thereunder, or any order
of the Department by conference, conciliation and persuasion,
to correct or remedy such violation shall the Department pro-
ceed with written complaint to be served on the alleged viola-
tor or violators. Any such complaint or order issued by the
Department and signed by the Director shall become final unless
. < . the.person or persons named therein request a hearing before
the Department no later than 30 days after such order is served.
Legal Authority: Ga. Laws 1964, pages 507, 557 and as amended by Ga.
Laws 1967, page 581 et seq., and Ga. Laws 1971, pages 184, 185.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.574 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All. terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(1) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
. or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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..(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
'(iX) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(1) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
ti on:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
arid operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated, concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxjde impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
wi 11:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
; ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(1v).' ,,. Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
cjitions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
'section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) ., Where the agency designated is not an air pollution
. control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
•. shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which .
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the. operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to £his paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.581 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
.stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
.dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations'of "particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation Is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided'that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
1 ' (a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State- or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious".
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
. apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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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.
,fi) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
'(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
•.(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
•(xiii) Phosphate Rock Processing Plants.
'(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
•'(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
ori sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
.source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
'•'•• gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 1s 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
pf the applicable State Implementation Plan.
(f) Delegation of authority
(1) 'The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) .Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
,(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
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