U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service
                                  PB-290 260
Air Pollution Regulations  in State
Implementation  Plans: Hawaii
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                                        PB 290260
             United States
             Environmental Protection
             Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-450/3-78-061
August 1978
             Air
&EFK
Air Pollution  Regulations
in  State Implementation
Plans:
Hawaii
                   REPRODUCED BY

                   NATIONAL TECHNICAL

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

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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-Q61
2.
3. RECIPIENT'S ACCESSION- NO. /
PB £QQ 3&0
4.. TITLE AND SUBTITLE 5. REPORT DATE '
Air Pollution Regulations in State Implementation i August 1978
•Plans: Hawaii
7. AUTHOR(S)

9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den 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
6. PERFORMING ORGANIZATION CODE
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
Schell , Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Rejister. Regulations which fall into one of the above
categories as of January 1, T978, 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.
i
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
•
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS /This page) 22. PRICE pC-/" (^ p
EPA Form 2220-1 (9-73)

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                                EPA-450/3-78-061
    Air Pollution Regulations
in  State Implementation  Plans
                    Hawaii
                        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-450/3-78-061
                                  11

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

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

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

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

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

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

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                                 SUMMARY SHEET
                        EPA-APPROVED REGULATION CHANGES
                                  HAWAII
Submittal Date
11/21/72
5/15/73
Approval Date
5/14/73
6/25/74
Description
Sec. 3, 6, 12, 20,
    21, 22
Sec. 7c (Agricultural
         Burning)
Section No.
52.624
52.629

52.632
  FEDERAL REGULATIONS
Description
Public availability of emission data
Review of new or modified indirect .sources

Prevention of significant deterioration

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

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

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                           TABLE OF  CONTENTS
Revised Standard
 Subject Index
       (1.0)
       (3.0)
       (9.0)

       (7.0)

       (2.0)
(6.0)
(51.13)
(50.1.2)
(12.0)
(50.1)
(51.9)
(51.5)
(50.1.1)
(51.6)
6
7
8
9
10
11
12
13
14
Section
Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
STATE REGULATIONS
Title
Definitions
Permit and Registration System
Page
1
3
Sampling, Testing and Reporting
Methods 11
Malfunctions of Equipment
Reporting
Prohibition of Air
Pollution
Compliance Schedule
Control of Open Burning
Visible Emissions
Control of Motor Vehicles
Fugitive Dust
Incineration
Fuel Burning Equipment:
Bagasse-Burning Boilers
Process Industries
Sulfur Oxides from Fuel
12
13
13
14
17
18
19
20
21
21

     (51.16)
15
Combustion                     23
Storage of Volatile Organic
Compounds                      23
                                viii

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Revised Standard
Section
Subject Index
(51.16)
(51.16)
(51.16)
(8.0)
(5.0)
(15.0)
(16.0)
(3.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(14.0)
Number
16
17
18
19
20
21
22
23
24
25
FEDERALLY
Section
Number
52.624
Title
Volatile Organic Compound
Water Separation
Pumps and Compressors
Waste Gas Disposal
Prevention of Air Pollution
Emergency Episodes
Variances
Penalties
Hearings and Appeals
Application
Unconstitutionally Clause
Date of Effect
PROMULGATED REGULATIONS
Title
Regulation for Public
Availability of Emission Data
Page
24
24
25
25
26
28
28
28
28
28
Page
30
      (10.0)
      (17.0)
52.629
52.632
Review of New or Modified
Indirect Sources                31

Prevention of Significant
Deterioration                   41
                                  IX

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                              PUBLIC  HEALTH  REGULATIONS
                        DEPARTMENT  OF HEALTH,  STATE OF HAWAII
                                     Chapter 43
                                AIR POLLUTION  CONTROL

(1.0)   Under and by virtue  of the provisions of  Section  322-62, Hawaii Revised
       Statutes, and all  other applicable  laws,  the following  regulations re-
       lating to air pollution control  are hereby  adopted:

       SECTION 1.   DEFINITIONS:

       (a)   "Air pollutant" shall mean dust, fumes, mist, smoke, other particulate
            matter, vapor,  gas,  odorous substances, or any  combination thereof.

       (b)   "Air pollution" shall mean the presence in the  outdoor  atmosphere of
            one or more air pollutants in  such quantities and  duration as is or
            tends to be injurious to  human health  or welfare,  animal or plant
            life, or property or interferes  with the enjoyment of life or property.

       (c)   "Agricultural  burning"  shall mean  open outdoor  fires used in agri-
            cultural operations, in the-growing  of crops or raising of fowls or
            animals, forest management or  range  improvement.

       (d)   "Ambient air"  shall  mean  the general outdoor atmosphere.

       (e)   "Department"  shall mean the Department of Health of the State of
            Hawaii or its  duly authorized  agent, officer, or inspector.

       (f)   "Director" shall mean the Director of  Health.

       (g)   "Effluent water separator" shall mean  any tank, box, sump, or other
            container in  which any  volatile  organic compound floating on or en-
            trained or contained in water  entering such  tank,  box,  sump, or other
            container is  physically separated  and  removed from such water prior
            to outfall, drainage, or  recovery  of such water.

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

       (i)   "Existing source" shall mean any stationary  source other than a new
            source.

       (j)   "Fuel-burning equipment"  shall mean  any furnace, boiler, apparatus,
            stack, and all  appurtenances thereto,  used in the  process of burning
            fuel for the  primary purpose of  producing heat  or  power by indirect
            heat transfer.

       (k)   "Fugitive dust" shall mean uncontrolled emission of solid airborne
            particulate matter from any source other than combustion.
                                            -1-

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(1)   "Modification"  shall  mean any physical  change  to  or  change  in  the
     method of operation of a stationary source  which  changes  the amount
     of any air pollutant emitted by such source or which results in  the
     emission of any air pollutant not previously emitted.

(m)   "New source" shall  mean any stationary  source, the construction  or
     modification of which is commenced after adoption of any  applicable
     regulation.

(n)   "Odors" shall  mean  smells or aromas which are  unpleasant  to persons,
     or which interfere  with sleep, upset appetite, produce  irritation of
     the upper respiratory tract, or create  symptoms of nausea,  or  which
     by their inherent chemical  or physical  nature, or method  of proces-
     sing, are or may be detrimental or dangerous to health.

(o)   "Opacity" shall mean a state which renders  material  partially  or
     wholly impervious to rays of light and  causes  obstruction of an
     observer's view.

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

(q)   "Particulate matter" shall  mean any material,  except water  in  uncom-
     bined form,  that is or has  been airborne and exists  as  a  liquid  or a
     solid at standard conditions.

(r)   "Person" shall  mean any individual, corporation,  partnership,  firm,
     association, trust, estate, public or private  institution,  group,
     agency, political subdivision of this State, any  other  State or  po-
     litical subdivision or agency thereof or any legal successor,  rep-
     resentative, agency of the foregoing.

(s)   "Ringelmann Chart"  shall mean the chart published and described  in
     the U.S. Bureau of  Mines Information Circular  8333.

(t)   "Smoke" shall  mean  the gaseous products of  burning carbonaceous
     materials made visible by the presence  of small particles of carbon.

(u)   "Soiling index" shall mean a measure of the soiling  properties of sus-
     pended particles in air determined by drawing  a measured  volume  of air
     through a known area of Whatman No. 4 filter paper for  a  measured per-
     iod of time, expressed as COH's/1,000 linear feet, or equivalent.

(v)   "Source" shall  mean any property, real  or personal,  which emits  or
     may emit any air pollutant.

(w)   "Stack" shall  mean  any chimney, flue, conduit, or duct  arranged  to
     conduct emissions to the ambient air.
                                      -2-

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        (x)   "Standard  stack  conditions"  shall mean  a  dry  gas  temperature,  of  70°
             Fahrenheit and a gas  pressure  of  14.7 pounds  per  square  inch  absolute
             (21.1°C, 760  mm  Hg.).

        (y)   "Submerged fill  pipe"  shall  mean  any  fill  pipe  the  discharge  opening
             of which is entirely  submerged when the liquid  level  is  6  inches (15
             cm.)  above the bottom of the tank; or when applied  to a  tank  which  is
             loaded from the  side,  shall  mean  any  fill  pipe  the  discharge  opening
             of which is entirely  submerged when the liquid  level  is  18 inches
             (45 cm.) above the bottom of the  tank.

        (z)   "Volatile  organic compounds" shall mean any gasoline, petroleum, or
             any petroleum distillate containing carbon and  hydrogen  or carbon  and
             hydrogen in combination with any  other  element  which  has a vapor pres-
             sure  of 1.5 pounds per square  inch absolute or  greater under  actual
             storage conditions.

(3.0)    SECTION 2.   PERMIT AND REGISTRATION SYSTEM:

        (a)   Permit System

             (1)  Permits  Required

                  (a)   Authority to Construct.  No person  shall  cause or permit the
                       construction or modification  of any new source,  the use of
                       which  may cause the  issuance  of air pollutants or the  use of
                       which  may eliminate, reduce,  or control the issuance of air
                       pollutants  without first obtaining  authorization for such
                       construction or modification  from the Director.   The author-
                       ization is  for construction or modification only and shall
                       remain in effect unit!  the  Permit to  Operate is  granted or
                       denied.

                  (b)   Permit to Operate.  No  person shall cause or permit the op-
                       eration of any new source without first obtaining a Permit  to
                       Operate from the Director.  Authorization to continue  operat-
                       ing any new source shall  continue only as long as the  Permit
                       to  Operate is in effect.

             (2)  List  of Exemptions

                  An Authority to Construct or Permit to Operate shall  not be re-
                  quired for  the following:

                  (a)   The installation or altering  of an  air pollutant detector,
                       air pollutant recorder, combustion  controller or combustion
                       shutoff.

                  (b)   Air conditioning or  ventilating systems not designed to re-
                       move air pollutants  generated by or released from equipment.
                                              -3-

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     (c)   Fuel  burning equipment,  other than  smoke house  generators,
          which is used in a private dwelling;  or has  a BTU  gross  in-
          put rate of less than  500,000 BTU per hour;  or  is  used  for
          space heating, other than boilers and hot air furnaces.

     (d)   Steam generators, steam  superheaters, water  boilers,  water
          heaters, and closed heat transfer systems that  have a max-
          imum gross  heat input  rate of less  than 250  million BTU  per
          hour, and are fires exclusively with  one of  the following:

          1)   natural  or synthetic gas
          2)   liquified petroleum  gas
          3)   a combination of natural, synthetic, and/or liquified
              petroleum gas

     (e)   Mobile internal  combustion engines.

     (f)   Laboratory  equipment used exclusively for chemical or physi-
          cal  analyses.

     (g)   Ocean-going vessels.

     (h)   Other sources of minor significance as specified by the  Di-
          rector.

     Violators  Not Exempt

     Issuance of a Permit to Operate shall not  exempt  any person  own-
     ing  or operating a source from prosecution for violations  of ap-
     plicable rules and regulations.

(4)   Applications

     (a)   Application for Authority to Construct and Permit  to  Oper-
          ate as required by Section 2(a) (1) shall be made  by  the
          applicant on forms furnished by the Director and shall  be
          accompanied by two copies of complete data,  siting informa-
          tion, plan  descriptions, specifications, drawings, and  other
          detailed information necessary to determine  in  what manner
          the new source will be operated and controlled.

     (b)   Each  application shall be signed by the applicant  and shall
          constitute  an agreement  that the applicant will assume  re-
          sponsibility for the construction or  modification  and oper-
          ation of the equipment in accordance  with these rules and
          regulations.

     (c)   If the applicant is a partnership or  group other than a cor-
          poration, the application shall be  made by one  individual
          who is a member of the group.  If the applicant is a  corp-
          oration, the application shall be made by an officer  of the
          corporation or general manager of a facility.
                                -4-

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(5)   Conditions for Considering Applications

     (a)   Approval.   The Director shall  approve  an  application  for
          Authority to Construct or Permit to Operate if the appli-
          cant can  show to the satisfaction of the  Director that:

          1)   The new source is designed,  built, and equipped in
              accordance with the best practicable  control  tech-
              nology so as to reduce emissions to a minimum.

          2)   The new source is designed and will be constructed or
              modified to operate without causing a violation of ap-
              plicable rules and regulations.

          3)   The new source will not endanger the  maintenance or
              attainment of applicable ambient air  quality standards.

     (b)   Conditional Approval.  Before granting an approval for Au-
          thority to Construct or Permit to Operate, the Director may:

          1)   Require the applicant to provide such facilities as are
              necessary for sampling and testing to determine the air
              pollutants discharged into the atmosphere.  These sam-
              pling and testing facilities may consist of the following:

              a)  sampling ports of a size, number and location as
                  specified by the Director
              b)  safe access to each port
              c)  instrumentation for monitoring and recording emis-
                  sion data

          2)   Specify conditions which will bring the operation of any
              new source described in the application within the con-
              ditions of Section 2(a) 5(a) of this  Rule.

     (c)  Denial.

          1)   In acting upon an application for Authority to Construct
              or Permit to Operate, the Director may deny an applica-
              tion if the information submitted shows that  the new
              source described in the application cannot conditionally
              or otherwise meet the conditions of Section 2(a) 5(a).

          2)   In acting upon an application for a Permit to Operate,
              if the Director finds that the new source has been con-
              structed not in accordance with the Authority to Con-
              struct, he shall deny the applicant the Permit to Oper-
              ate.
                                  -5-

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(6)   Action on Application

     (a)   The Director may request additional  information from the
          applicant.

     (b)   The Director shall  act within a reasonable time, but not to
          exceed 90 days,  on  an application and shall  notify the  ap-
          plicant in writing  of his approval,  conditional approval,
          or denial of the application.

     (c)   If an application is conditionally approved.or denied,  the
          Director shall  set  forth his reasons for conditional  ap-
          proval or denial in the written notice to the applicant.

     (d)   The applicant may submit answers and comments, in duplicate,
          to the Director's response to the application.

     (e)   The Director will consider the applicant's answers and  com-
          ments and shall  notify the applicant in writing of his  final
          approval or denial  of the application.

     (f)   If the Director issues to the applicant a conditional  ap-
          proval of the application, commencing work under such an
          authority to construct or operating  under such a permit to
          operate shall be deemed acceptance by the applicant of all
          the conditions so specified.

     (g)   If the Director issues to the applicant a final denial  of
          the application, the Director shall  not give further con-
          sideration until a  new application is submitted by the ap-
          plicant.

(7)   Performance Testing

     If required by the Director, the applicant shall  conduct perfor-
     mance tests in order to  determine compliance with applicable
     rules and regulations in accordance with  test methods as speci-
     fied by the Director with the tests being made at the expense of
     the applicant.  The Director may monitor  or conduct such tests.

(8)   Cancellation of Authority to Construct

     (a)   The Director may cancel an Authority to Construct if the
          construction or modification is not  begun within one year
          from the date of issuance, or if the work involved in the
          construction or modification is suspended for one year or
          more.

     (b)   An applicant may request an extension of the cancellation
          date by writing to the Director and  stating reasons for
          the request.  Extensions may be granted for a period of not
                                 -6-

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     more than six months  after the cancellation  date.

(9)   Suspension or Revocation of Permit to  Operate

     Any violations of these Rules  and Regulations  shall  be cause
     for the Director to suspend or revoke  a Permit to  Operate.
     Suspension or revocation of a  Permit to Operate shall  become
     final 10 days after service of notice  on the holder of the
     permit.  A Permit to Operate which has been  revoked shall be
     surrendered forthwith to the Director  and all  fees paid or
     dues shall be forfeited.

(10) Transfer of Permit to Operate

     A Permit to Operate shall not be transferrable, whether by
     operation of law or otherwise, either  from one location to
     another, from one piece of equipment to another, or from
     one person to another.

(11) Reporting Discontinuance or Dismantlement

     It shall be required of that person to which the Permit to
     Operate was issued to report to the Director within thirty
     days the permanent discontinuance or dismantlement of that
     article, machine, equipment, or other contrivance for which
     the Permit to Operate had been issued.  The Permit to Op-
     erate shall then be surrendered forthwith to the Director.

(12) Posting of Permit to Operate

     Upon granting an approval for a Permit to Operate, the
     Director shall issue to the applicant a certificate refer-
     red to as Permit to Operate which shall be posted in a
     conspicuous place at or near the article, machine, equip-
     ment or other contrivance for which the permit was issued.

(13) Falsifying or Altering Permit to Operate

     A person shall not willfully deface, alter, forge, counter-
     feit, or falsify a Permit to Operate.

(14) Fees

     (a)  Filing Fee.  Every applicant for an Authority to Con-
          struct and a Permit to Operate shall pay a filing fee
          of  $20.  This filing fee shall be submitted with the
          application and shall not be refunded nor applied to
          any subsequent application following final action of
          cancellation or denial of an application.
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(b)   Permit to Operate.

     1)   Every applicant who files  an application  with  the
         Director for a  Permit to Operate shall  pay,  in ad-
         dition to the filing fee,  an amount prescribed by
         the applicable  fee schedule.  If more than one
         fee schedule is applicable,  then the governing
         schedule shall  be that which results in the  higher
         prescribed fee.

     2)   Where an application is filed for a permit to  op-
         erate any new source by reason of an alteration or
         addition and where a Permit  to Operate had pre-
         viously been granted for such equipment,  the ap-
         plicant shall be assessed  a  fee based upon the in-
         crease in rating using the applicable fee schedule.
         Where there is  a decrease  in such rating, the  ap-
         plicant shall pay only the amount of the  filing
         fee.

     3)   Where an application is filed for a Permit to  Op-
         erate by reason of transfer  from one person  to
         another, and no alteration,  addition, or transfer
         of location has been made, the applicant shall pay
         only a $5.00 fee which shall be submitted with the
         application.

     4)   Where the application is filed for a Permit to Op-
         erate by reason of transfer  from one location  to
         another permanent location,  and no alteration, ad-
         dition, or transfer of person has been made, the
         applicant shall pay only a $20.00 filing fee which
         shall be submitted with the  application.

     5)   A request for a duplicate  Permit to Operate shall
         be made in writing to the  Director within 10 days
         after the destruction, loss, or defacement of a
         Permit to Operate.  A fee  of $1.00 shall  be charged
         and submitted with the request.

(c)  Exemptions.  Any federal, state, or county government
     agency shall be exempt from paying all fees as pre-
     scribed herein.

(d)  Payment of Fees.

     1)   Except where noted, all fees as prescribed herein
         are payable within 30 days after issuance of notice
         by the Director of approval  or conditional approval
         of an application for a Permit to Operate.  Non-
         payment of the fee within this period shall result
                             -8-

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              in automatic cancellation  of the  application.

          2)   Fees  shall  be made payable to the State  of Hawaii.

(15)   Fee Schedule

      (a)  Electric Motor Horsepower Schedule.   Any new source where
           an electric motor is  used as  the power supply shall be as-
           sessed a permit fee based on  the total rated motor horse-
           power of all  electric motors  included in the new source,
           in accordance with the following schedule:

           Horsepower                                   Fee

           1)  up to and including 10	.$20.00
           2)  greater than 10 but less  than 100. . .  30.00
           3)  equal to or greater than  100	40.00

      (b)  Electric Energy Schedule.  Any new source which uses elec-
           trical energy, with the exception of electric motors, shall
           be assessed a permit fee based on the total kilovolt ampere
           (KVA) ratings, in accordance  with the following schedule:

           Kilovolt Ampere                              Fee

           1)  up to and including 100	.$20.00
           2)  greater than 100 but less than 5,000 .  30.00
           3)  equal to or greater than  5,000 . . . .  40.00

      (c)  Fuel Burning Equipment Schedule.  Any new source in which
           fuel is  burned, with the exception of incinerators, shall
           be assessed a permit fee based upon the design fuel con-
           sumption expressed in thousands of BTU per hour, using
           gross heating values of the fuel, in accordance with the
           following schedule:

           1.000 BTU Per Hour                           Fee

           1)  up to and including 500	$20.00
           2)  greater than 500 but less than 2,000 .  30.00
           3)  equal to or greater than  2,000 . . . .  40.00

      (d)  Incinerator Schedule.  Any new incinerator source shall be
           assessed a permit fee based upon the maximum horizontal
           cross sectional area, in square feet, of the primary combus-
           tion chamber, in accordance with the following schedule:
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               Area/Square Feet                             Fee

               1)   up to and including 10	$20.00
               2)   greater than 10 but less  than  20  ...  30.00
               3)   equal to or greater than  20	40.00

          (e)   Stationary Container Schedule.   Any new stationary  tank,
               reservoir, or other container source  shall  be assessed  a
               permit fee based on the capacity in gallons,  in accordance
               with the following schedule:

               Gallons                                      Fee

               1)   up to and including 40,000	$20.00
               2)   greater than 40,000 but less than 400,000.$30.00
               3)   equal to or greater than  400,000  ...  40.00

          (f)   Miscellaneous Schedule.   Any  new source which is  not  includ-
               ed  in the preceding schedules shall be assessed a fee of
               $20.00 for each permit granted.

(b)   Registration  of Existing Sources

     (1)   Registration Required

          All  persons responsible for the operation  of existing  sources,
          the  use  of which may cause the issuance of air pollutants  or the
          use  of which may eliminate, reduce,  or control  the issuance  of
          air  pollutants, shall be required  to register with the Director
          within six (6) months of the effective date of this Regulation.
          Existing sources in the City and County of Honolulu and  the
          County of Maui that are not required to re-register the  equipment.

     (2)   List of  Exemptions

          Registration shall not be required for the following:

          (a)   An  air pollutant detector, air pollutant recorder,  combus-
               tion controller, or combustion shutoff.

          (b)   Air conditioning or ventilating systems not designed  to re-
               move air pollutants generated by or released from equipment.

          (c)   Fuel burning equipment, other than smoke house generators,
               which is used in a private dwelling;  or has a BTU gross in-
               put rate of less than 500,000 BTU per hour; or is used  for
               space heating, other than boilers and hot air furnaces.
                                     -10-

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                     (d)   Steam generators,  steam superheaters, water  boilers, water
                          beaters,  and closed heat transfer systems  that  have a  max-
                          imum gross heat input rate of less than  250  million BTU  per
                          hour, and are fired exclusively with one of  the following:

                          1)   natural  or synthetic gas
                          2)   liquified petroleum gas
                          3)   a combination  of natural, synthetic, and/or liquified
                              petroleum gas

                     (e)   Mobile internal combustion engines.

                     (f)   Laboratory equipment used exclusively for  chemical  or phy-
                          sical analyses.

                     (g)   Ocean-going vessels.

                     (h)   Other sources of minor significance as  specified by the
                          Director.

                (3)  Registration Forms

                     Registration shall be made on forms provided for this purpose by
                     the Director and shall  include such information as may be neces-
                     sary to enable the Director to evaluate the nature and extend
                     of emissions.

                (4)  Registration Fees

                     A fee of $10.00 shall be assessed for each stack, chimney, or
                     stationary container.

                (5)  Violators Not Exempt

                     Registration shall not exempt any person owning or operating a
                     source from prosecution for violation of applicable rules and
                     regulations.

(9.0)       SECTION 3.  SAMPLING, TESTING, AND REPORTING METHODS

           (a)  All sampling and testing shall be made and the results calculated in
                accordance with test procedures approved by  the Department.  All tests
                Shall be made  under the direction of persons  knowledgeable in the
                field of air pollution control.

           (b)  The Department may conduct tests of emissions of  air pollutants from
                any source.  Upon request of the Department,  the  person  responsible
                for the source to be tested shall provide'necessary ports in stacks
                or ducts and such other safe and proper  sampling  and testing facilities,
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        (c)   (1)   The owner or operator of any stationary  source  in  the  State  of
                  Hawaii  shall, upon  notification  from the Department, maintain
                  records of the nature and amounts  of emissions  from such  source
                  and/or  any other information as  may  be deemed necessary by the
                  Department to determine whether  such source  is  in  compliance
                  with applicable emissions limitations or other  requirements.

             (2)   The information recorded shall be  summarized and reported to the
                  Department, on forms furnished by  the Department,  and  shall  be
                  submitted within 45 days after the end of the reporting period.
                  Reporting periods are January 1  -  June 30; and  July 1  - December
                  31; except that the initial  reporting period shall  commence  on
                  the date the Department issues notification  of  the record-keeping
                  requirements.

             (3)   Information recorded by the  owner  or operator and  copies  of  the
                  summarizing reports submitted to the Department shall  be  retained
                  by the  owner or operator for two years after the date  of  which
                  the pertinent report is submitted.

             (4)   Emission data obtained from  owners or operators of stationary
                  sources pursuant to Section  22,  Act  100, Session Laws  of  Hawaii,
                  1972, will be correlated with applicable emission  limitations
                  and other requirements and will  be made  available  to the  public
                  during  normal business hours at  the  Department  of  Health.

(7.0)   SECTION 4.  MALFUNCTION OF EQUIPMENT REPORTING:

        (a)   In the case  of shutdown of air pollution  control  equipment  for neces-
             sary schedules maintenance, the intent  to shut down  such equipment
             shall be reported to the Department at  least  twenty-four (24)  hours
             prior to the planned shutdown. Such  prior notice shall  include,  but
             is not limited to, the following:

             (1)   Identification of the specific facility  to be taken out of ser-
                  vice as well as its location and permit  number.

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

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

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

             (5)   The reasons that it would be impossible  or impractical to shut
                  down the source operation during the maintenance  period.
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        (b)  In the event that any emission source,air pollution control  equip-
             ment, or related facility breaks down in such a manner as to cause
             the emission of air pollutants in violation of applicable rules and
             regulations, the person responsible for such equipment shall immed-
             iately notify the Department of such failure or breakdown and pro-
             vide a statement giving all pertinent facts, including the estimated
             duration of the breakdown.  The Department shall be notified when
             the condition causing the failure or breakdown has been corrected
             and the equipment is again in operation.

(2.0)    SECTION 5.   PROHIBITION  OF AIR POLLUTION:

             No person shall  permit or cause air pollution as defined  in  Section
             1  (b)  of this  part.

(6.0)    SECTION 6.   COMPLIANCE SCHEDULE:

        (a)  All existing sources not in compliance with applicable rules and reg-
             ulations on the date of adoption of such rules and regulations  shall
             be in compliance on the date specified in these regulations  unless
             the owner or person responsible for the operation of the  source shall
             have received  a compliance order which extends the date such source
             must be in compliance with applicable rules and regulations.

        (b)  A compliance order may not be issued unless the owner or  person
             responsible for the operation of the source shall have submitted to
             and have approved by the Department a control plan and schedule for
             achieving compliance which specify the date on or before  which  com-
             pliance will be obtained and such other information as the Department
             may require.  Any such submittal shall be on forms provided by  the De-
             partment and must be submitted prior to December 31, 1972.  Any con-
             trol plan or schedule submitted after December 31, 1972,  shall  not be
             considered or approved.

        (c)  Any such control plan and schedule may be approved only if the  appli-
             cant shows and the Department determines that such an approval  is in
             the public interest.

        (d)  If the Department approved of such control plan and schedule, it shall
             specify the date on which the owner or person responsible for the
             source shall cause such source to be in compliance with applicable
             rules and regulations but in no case shall any order specify a  date
             later than July 31, 1975, if such order will prevent or interfere with
             the attainment of a National Ambient Air Quality Standard.

        (e)  The Department shall require persons submitting such a plan to  pro-
             vide for periodic increments of progress towards compliance.  The
             dates for achievement of such increments shall be specified.  In-
             crements of progress shall include, but not be limited to:  letting of
             necessary contracts for construction or process changes,  if applicable;
             initiation of construction; completion and start up of control  systems;
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                performance  tests;  and  submittal of performance test analysis and
                results.

           (f)   The  Department may  modify  or  revoke any  such compliance order if
                it determines that  such modification or  revocation is in the public
                interest.

           (g)   For  the  purposes  of this section,  compliance order means an order by
                the  Department to an owner or person responsible for the operation
                of an  existing source specifying the date on which such person must
                comply with  applicable  rules  and regulations.

(51.13)     SECTION 7.  CONTROL OF OPEN  BURNING:

           (a)   Except as  provided  in Section 7  (b) and  (c) of this regulation, upon
                adoption of  these regulations, no  person shall ignite, cause to be
                ignited, permit to  be ignited, or  maintain any open fire.

           (b)   Section  7  (a) shall  not apply to:

                (1)  Open  fires for the cooking  of food.

                (2)  Fires for recreational,  decorative, or ceremonial purposes.

                (3)  Fires to abate a fire hazard, providing hazard is so  declared
                    by  the  fire  department or District  Forester having jurisdiction.

                (4)  Fires for prevention  or  control of  disease or pests.

                (5)  Fires for training personnel  in the methods of fighting fires  in
                    compliance with Section  8(a).

                (6)  Fires for the  disposal of dangerous materials, where  there is  no
                    alternate method of disposal  and  burning  is approved  in advance
                    by  the  Department.

                (7)  Fires for the  burning of leaves,  grass, weeds, wood,  paper and
                    similar materials  on  ones own premises, not exceeding four
                    family  units and 25 pounds  per day, per unit, provided such
                    burning is not within 50 feet of  any  habitable building,  is
                    attended or  supervised by an  adult  person and is  completed with-
                    in  daylight  hours  (9a.m. to 6 p.m.) and provided  further  that
                    such  burning shall not be in  violation of the regulations of
                    other fire control agencies.  This  exception  shall  not apply to
                    the City and County of Honolulu  after June  1, 1973.

                (8)  Fires for  residential bathing purposes.

           (c)  Agricultural Burning:

                (1)   Permit  Required:

                    No  person  shall cause or permit  agricultural  burning unless  a
                                               -14-

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     permit has  been  applied for and obtained  from the  Department,
     provided that this permit is valid only if the conditions  spec-
     ified in the permit are complied vrith,  that the permit is- not
     valid on "no-burn" days and provided further that  no permit
     shall be granted for the open burning of trash and other wastes
     that have been handled or processed by  factory operations.

(2)   Applications:

     (aa)  Applications shall be made on forms specified by the De-
           partment and shall be accompanied by two copies of com-
           plete data which will include maps  of areas  to be burned
           showing fields by appropriate numbers and acreage, direc-
           tion of prevailing winds, location  of residential, school,
           commercial establishments, public buildings, and airports,
           the designation of fields to be burned under specified
           wind conditions and alternate means of disposal of crops
           and any other information that the Department may specify.

     (bb)  Each application shall be signed by the applicant and
           shall constitute an agreement that the applicant will
           assume responsibility for the open agricultural burning
           in accordance with these rules and regulations.

(3)   "No-burn" Days:

     (aa)  Agricultural burning shall be prohibited under the fol-
           lowing conditions:

           (1)  On any island when meteorological conditions have re-
                sulted in wide-spread haze on that island, and where
                the National Weather Service predicts a continuation
                or deterioration of existing meteorological conditions
                for the next 24 hours.  For the purposes of this sec-
                tion, widespread haze shall  be considered to exist
                when all visible ridges within 5 to 10 miles have a
                "smoky" or bluish appearance and colors are subdued.
                Ridges beyond 10 miles that are visible have a blur-
                red appearance.

           (2)  On the island of Oahu either when the condition spec-
                ified in the immediately preceding subsection (Section
                7(c)(3)(aa)(l)) occur or when meteorological condi-
                tions have resulted in a rise of carbon monoxide level
                exceeding 5 mg/m3 for an 8-hour average or particulate
                matter level exceeding 100 ug/nr for 24 hours and
                where the National Weather Service predicts a contin-
                uation or deterioration of'existing meteorological
                conditions for the next 24 hours.
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     (bb)   Notices of "no-burn"  days for the specified island(s)  will
           be provided on or before 4:00 p.m.  by radio broadcast
           through the National  Weather Service and will  be applicable
           for the succeeding day.

(4)   Record Keeping and Monitoring:

     (aa)   Each permittee shall  maintain a record of conditions exist-
           ing at the time of each  burn to include the location and
           identification of burn area, size of area, date and time of
           day, prevailing wind  direction and speed, rainfall  in  pre-
           ceeding 24 hours, type of material, and any other pertinent
           data as required by the  Department.

     (bb)   In recording meteorological  data required by the immediately
           preceding subsection  (Section 7(c)  (4) (aa)),  the permittee
           may use National Weather Service data or, on his own motion,
           conduct monitoring of conditions provided that instruments
           used have been approved  by the Department.

(5)   Action on Application:

     (aa)   The Department shall  act on an application within a reason-
           able time, but not to exceed 90 calendar days  from the date
           the application is received and shall notify the applicant
           in writing of its approval or denial of the application.  If
           the Department has not acted within the 90-calendar day per-
           iod, the application  shall be deemed to have been approved,
           provided that the Department may request additional infor-
           mation from the applicant and the 90-calendar day period
           shall  commence on the day the supplementary information is
           received.

     (bb)   All applications shall be submitted to the Department  of
           Health, 1250 Punchbowl Street, Honolulu, Hawaii  96813.

     (cc)   If an application is  denied, the applicant may request a
           hearing in accordance with Chapter 91, Hawaii  Revised  Stat-
           utes.

(6)   Duration of Permit:

     The permit may be.granted for a period of up to one year from the
     date  of approval.

(7)   Modification, Suspension, or Revocation of Permit:

     The Department may, on its  own motion or the application of  any
     person, modify, suspend, or revoke a permit if, after affording
     the applicant a hearing in  accordance with Chapter 91, Hawaii Re-
     vised Statutes, it determines  that, any condition of the permit
                                  -16-

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                   has been violated, or any rule or regulation of the Department
                   has been violated, or any provision of Chapter 342, Hawaii Re-
                   vised Statutes, have been violated, or the maintenance or at-
                   tainment of a national ambient air quality standard will be in-
                   terfered with, or that such is in the public interest.

              (8)  Transfer of Permit:

                   The permit shall not be transferable, whether by operation of
                   law or otherwise or from one person to another.

              (9)  Fees:

                   (aa)  Filing Fee.

                         (1)  Every applicant for a permit shall pay a filing fee
                              according to the following schedule:

                              (aaa)  Up to and including 10 acres - $5.00

                              (bbb)  10 to 100 acres - $20.00

                              (ccc)  Greater than 100 acres - $50.00

                              The acreage will be the total acreage designated to
                              be burned as specified in the permit.

                         (2)  This filing fee shall be submitted with the  application
                              and shall not be refunded or applied to any  subsequent
                              application.

                         (3)  Fees shall be made payable to the State of Hawaii.

                   (bb)  Exemptions.

                         Any federal, state, or county government agency shall be
                         exempt from paying all fees as prescribed herein.

(50.1.2)    SECTION 8.   VISIBLE  EMISSIONS:

           (a)   Visible emission  restrictions  for  existing  stationary  sources,

                (1)  No person  shall  cause or  permit the emission  of visible air  pol-
                     lutants of a  shade  or density equal to or darker  than  that  des-
                     ignated as No.  2 on the  Ringelmann Chart  or 40 percent opacity,
                     except as  provided  in Section 8 (a)(2).

                (2)  A person may  discharge  into the atmosphere  from any  single  source
                     of emission,  for a  period  or  periods aggregating  not more than 3
                     minutes in any  60 minutes, air pollutants of  a shade or density
                     not darker than  No.  3 on  the  Ringelmann Chart or  60  percent
                                                 -17-

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                     opacity when building a new fire or when breakdown of equipment
                     occurs.

                (3)  Sources in the City and County of Honolulu and County of Maui
                     shall meet the requirements of Section 8(a)(l) immediately upon
                     adoption of the regulations or in accordance with the schedule(s)
                     established under the provisions of Section 6, Compliance Sched-
                     ule.  Sources on all other counties shall meet the requirements
                     of Section 8(a)(l) on June 1, 1973.

           (b)  Visible emission restrictions for new stationary sources.

                (1)  No person shall cause or permit the emission of visible air pol-
                     lutants of a shade or density equal to or darker than that desig-
                     nated as No. 1 on the Ringelmann Chart or 20 percent opacity,
                     except as provided in Section 8(b)(2).

                (2)  A person may discharge into the atmosphere from any single source
                     of emission, for a period or periods aggregating not more than 3
                     minutes in any 60 minutes, air pollutants of a shade or density
                     not darker than No. 3 on the Ringelmann Chart or 60 percent opa-
                     city when building a new fire or when breakdown of equipment
                     occurs.

                (3)  The effective date shall be immediately upon adoption of the reg-
                     ulations.

           (c)  Exceptions for uncombined water.  The provisions of this regulation
                shall not apply to any emission which, except for the presence of
                uncombined water, such as condensed water vapor, would not be in
                violation o"f such provisions.

(12.0)      SECTION 9.  CONTROL OF MOTOR VEHICLES:

           (a)  No gasoline-powered motor vehicle shall be operated which emits visi-
                ble smoke while moving upon streets, roads, and highways.

           (b)  No diesel-powered motor vehicle shall be operated which emits visible
                smoke for a period of more than five (5) consecutive seconds while
                upon streets, roads, and highways.

           (c)  No person shall cause, suffer or allow to keep any engine in operation
                while the motor vehicle is stationary at a loading zone, parking or
                serving area, route terminal or other off-street areas, except:

                (1)  During adjustment or repairing of such engine at a garage or
                     similar place of repair.

                (2)  During operation of ready-mix trucks, cranes, hoists, and cer-
                     tain bulk carriers or other auxiliary equipment built onto the
                     vehicle or equipment that require power take-off from the engine,
                                                 -18-

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                    provided that there is no visible discharge of smoke and the
                    equipment is being used and operated for the purposes as or-
                    iginally designed and intended.  This exception does not apply
                    to operations of air conditioning equipment or systems.

           (d)  No person shall remove, dismantle, fail to maintain or otherwise cause
               to be inoperative any equipment or feature constituting an operational
               element of the air pollution control system or mechanism of a motor
               vehicle as required pursuant to the provisions of the Federal Clean
               Air Act, as amended, except as permitted or authorized by law.

           (e)  The effective date shall be immediately upon adoption of the regula-
               tions for the City and County of Honolulu and June 1, 1973 for all
               other counties.

(50.1)      SECTION 10.  FUGITIVE DUST:

           (a)  No person shall cause or permit any materials to be handled, trans-
               ported, or stored; or a building, its appurtenances, or a road to be
               constructed, altered, repaired or demolished without taking reason-
               able precautions, as approved by the Department, to prevent parti -
               culate matter from becoming airborne.  Examples of some reasonable
               precautions are:

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

               (2)  Application of asphalt, oil, water or suitable chemicals on roads,
                    materials stockpiles, and other surfaces which can give rise to
                    airborne dusts;

               (3)  Installation and use of hoods, fans, and fabric filters to en-
                    close and vent the handling of dusty materials.  Adequate contain-
                    ment methods shall be employed during sandblasting or other sim-
                    ilar operations;

               (4)  Covering, at  all times when in motion, open-bodied trucks trans-
                    porting materials likely to give rise to airborne dust;

               (5)  Conduct of agricultural practices such as tilling of land, appli-
                    cation of fertilizers, etc., in such manner as to minimize air-
                    borne dust;

               (6)  The paving of roadways and their maintenance in a clean condition;

               (7)  The prompt removal of earth or other material from paved streets
                    onto which earth or other material has'.been transported by truck-
                    ing or earth moving equipment, erosion by water, or other means.
                                                  -19-

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           (b)  No  person  shall:

               (1)   cause or  permit  the discharge of  visible emissions of fugi-
                     tive  dust beyond the  lot  line of  the property on which the
                     emissions originate;  or

               (2)   cause or  permit  to be emitted into the atmosphere any dust
                     from  any  source  in such a manner  that the ground level con-
                     centrations  at a point selected by the Department exceeds:

                     (aa)  150 micrograms  per  cubic meter above upwind concen-
                          trations.   Samples  shall be obtained by using a high
                          volume air sampler  or other equivalent method for a
                          12-hour period; or

                     (bb)  A fallout  of 3.0 grams of dust per square meter above
                          upwind concentrations for any 14-day period.  Dustfall
                          samples shall be obtained by using fallout jars of 8
                          inches in  diameter  and 12 inches in depth or any
                          larger jars of  equivalent proportions;

                     provided  that this subsection 10(b) shall not apply to per-
                     sons  engaged in  agricultural practices or to persons who can
                     demonstrate  to the Director that  best practical operation or
                     treatment is being implemented.

           (c)  This  regulation shall  be effective upon adoption.

(51.9)      SECTION  11.   INCINERATION:

           (a)  No  person  shall cause or permit the emission from any incinerator
               of  parti oil ate matter to exceed 0.20 pounds per 100 pounds (2 gm/
               kg.)  of  refuse charged.

           (b)  Emission tests shall  be conducted at a maximum burning capacity of
               the incinerator.

           (c)  The burning capacity  of an incinerator shall be the manufacturer's
               or  designer's  guaranteed maximum rate  or such other rate as may be
               determined by  the Department in accordance with good engineering
               practices.  In cases  of conflict, the  determination made by the
               Department shall  govern.

           (d)  For the  purposes  of this regulation, the total of the capacities
               of  all furnaces within one system shall be considered as the in-
               cinerator  capacity.

           (e)  This  regulation shall  be in effect immediately for new sources
               and on June 1, 1973,  for existing sources.
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(51.5)     SECTION 12.  FUEL BURNING EQUIPMENT:
                       BAGASSE-BURNING BOILERS:

          (a)  No person shall cause or permit the emissions of participate matter
               from  bagasse-burning boilers in excess of 0.4 Ibs./lOO Ibs. of bagasse
               as burned.

          (b)  This  regulation shall be in effect immediately for new sources and on
               December 31, 1973.

(50.1.1)  SECTION 13.  PROCESS INDUSTRIES:

          (a)  No person shall cause or permit the emission of particulate matter in
               anyone hour from any source in excess of the amount shown in Table
               13-1  for the process weight rate allocated to such source.

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

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

          (d)  For purposes of this regulation, a process is any method, reaction, or
               operation whereby materials introduced into the process undergo physi-
               cal or chemical change.  A specific process, independent or production
               unit, is one which  includes all of the equipment and facilities neces-
               sary  for the completion of the transformation of the materials to pro-
               duce  a physical or  chemical change.  There may be several specific
               processes in series necessary to the manufacture of a product.  How-
               ever, where there are parallel series of specific processes, the sim-
               ilar  parallel specific processes shall be considered as a specific
               process for ejnission regulation.

          (e)  This  regulation shall be in effect immediately for new sources and on
               June  1, 1973, for existing sources.
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                        TABLE 13-1

          Process Weight          Rate of
              Rate                Emission

             Lb./Hr.              Lb./Hr.


              TOO                  0.551
              200                  0.877
              400                  1.40
              600                  1.83
              800                  2.22
            1,000                  2.58
            1,500                  3.38
            2,000                  4.10
            2,500                  4.76
            3,000                  5.38
            3,500                  5.96
            4,000                  6.52
            5,000                  7.58
            6,000                  8.56
            7,000                  9.49
            8,000                 10.4
            9,000                 11.2
           12,000                 13.6
           16,000                 16.5
           18,000                 17.9
           20,000                 19.2
           30,000                 25.2
           40,000                 30.5
           50,000                 35.4
           60,000 or more         40.0
Interpolation of the data in this table for process  weight
rates up to 60,000 Ib./hr.  shall  be accompanied by use of
the equation E = 4.10 p°-67. E =  rate of emission in lb./hr.
and P = Process weight rate in tons/hr.
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 (51.6)     SECTION  14.  SULFUR OXIDES FROM FUEL COMBUSTION:

            (a)   No  person  shall  burn, sell, or make available for sale for burning in
                 fuel  burning  equipment, any fuel containing in excess of 2.0 percent
                 sulfur  by  weight except for fuel used in ocean-going vessels.

            (b)   No  person  operating  fossil-fuel fired power and steam generating fa-
                 cilities having  a power generating output in excess of 25 megawatts
                 or  a  heat  input  greater than 250 BTU/hr. shall burn fuel containing
                 in  excess  of  0.5 percent  sulfur by weight.

            (c)   The sale and  use of  fuels prohibited by  (a) and (b) above may be
                 allowed when  the Department has determined that the use of such
                 other fuels will not violate the ambient air quality standards for
                 oxides  of  sulfur.

            (d)   This  regulation  shall be  in effect on June 1, 1974.

(51.16)      SECTION  15.  STORAGE  OF VOLATILE ORGANIC COMPOUNDS:

            (a)   No  person  shall  place, store, or hold in any stationary tank, reser-
                 voir  or other container of more than 40,OOC gallon  (150,000  liter)
                 capacity any  volatile organic compound unless such  tank, reservoir,
                 or  other container is a pressure tank capable of maintaining working
                 pressures  sufficient at all times to prevent vapor  or gas loss to
                 the atmosphere or is designed, and equipped, with one of the fol-
                 lowing  vapor  loss control devices:

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

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

                 (3)  Other equipment or means of equal efficiency for purposes of air
                      pollution control as may be approved by the Department.
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          (b)   No person shall  place,  store,  or hold  in  any  new  stationary  storage
               vessel  of more  than 250-gallon (950  liter)  capacity  any  volatile  or-
               ganic compound  unless  such vessel  is equipped with a permanent  sub-
               merged fill  pipe or is  a  pressure  tank as described  above  in (a)  or
               is fitted with  a vapor  recovery system as described  in  (a)  (2)  above.

          (c)   This regulation shall  be  in effect immediately for new  sources  and on
               January 1, 1975, for existing  sources.

(51.16)    SECTION 16.   VOLATILE ORGANIC  COMPOUND WATER SEPARATION:

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

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

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

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

               (4)  A container having other  equipment of  equal  efficiency for pur-
                    poses of air pollution control  as may  be approved  by the De-
                    partment.

           (b) This regulation shall  be  in effect immediately for new  sources  and
               on January 1, 1975, for existing sources.

(51.16)     SECTION 17.  PUMPS  AND COMPRESSORS:

           (a)  All pumps and  compressors handling  volatile  organic compounds  shall
                have mechanical seals  or other equipment of  equal efficiency for pur-
                poses of air pollution control as may be approved  by the Department.
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           (b)   This  regulation  shall  be  in effect immediately for new sources and
                on  January  1,  1975,  for existing sources.

(51.16)     SECTION  18.   WASTE  GAS  DISPOSAL:

           (a)   No  person shall  cause  or  permit the emission of organic gases from a
                vapor blowdown system  or  emergency relief unless these gases are
                burned by smokeless  flares, or an equally effective control device
                as  approved by the Department.

           (b)   This  regulation  shall  be  in effect immediately for new sources and   •
                on  January  1,  1975,  for existing sources.

(8.0)      SECTION  19.   PREVENTION OF  AIR POLLUTION EMERGENCY EPISODES

           (a)   Notwithstanding  any  other provision of  the  air pollution control  reg-
                ulations, this episode regulation  is  designed to prevent the exces-
                sive  buildup of  air  contaminants during air pollution episodes, there-
                by  preventing the  occurrency  of an emergency due to the effects of
                these contaminants on  the public health.

           (b)   Episode Criteria.

                Conditions  justifying  the proclamation  of an air pollution alert, air
                pollution warning, or  air pollution emergency shall be deemed to  exist
                whenever the Director  determines that the accumulation of  air contam-
                inants in any place  is attaining or has attained levels which could,
                if such levels are sustained  or exceeded, lead to a threat to the
                health of the public.   In making this determination, the Director will
                be guided by the following criteria:

                (1)  "AIR POLLUTION  FORECAST":  An internal watch by the Department
                     shall  be actuated by a National  Weather Service advisory that
                     Atmospheric Stagnation Advisory  is in  effect or the equivalent
                     local  forecast  of stagnant atmospheric conditions.

                (2)  "ALERT": The Alert  level  is  that  concentration of pollutants at
                     which first stage control  action is to begin.  An Alert will  be
                     declared when any one of the  following levels  is reached:

                        S02—800 ug/m3 (0.3 ppm)  24-hour average;
                        Particulate  matter~3.0 COH's or 375  ug/m3, 24-hour averages;
                        563 and  Particulate matter combined—product of SO? ppm, 24-
                        hour average and  COH's equal  to 0.2 or  product of  562,  ug/m3,
                        24-hour average and particulate matter,  ug/m3, 24-hour  aver-
                        age equal  to 65x1O3;
                        CO—17 mg/m3 (15  ppm) 8-hour  average:
                        Oxidant—200 ug/m3 (0.1  ppm)  1-hour, average;
                        N02—1130 ug/m3 (0.6 ppm)  1-hour average 282 ug/m3 (0.15  ppm)
                        24-hour  average;
                        and meteorological conditions are such  that this  condition can
                        be expected  to continue  for twelve  (12)  or  more  hours.
                                                 -25-

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               (3)  "WARNING":  The Warning level  indicates that air quality is  con-
                    tinuing to degrade and that additional  abatement actions are
                    necessary.  A Warning will be  declared  when any one of the fol-
                    lowing levels is reached:

                         S02 --1,600 ug/m3 (0.6 ppm)  24-hour average;
                         Particulate matter~5.0 COH's or 625 ug/m3, 24-hour
                            averages;
                         S02 and Parti cul ate matter combined—product of $03,
                            ppm, 24-hour average and COH's  equal to 0.8 or product
                            of S02 ug/m3 24-hour average and particulate matter,
                            ug/m3, 24-hour average equal to 261xlO3;
                         CO—34 mg/m3 (30 ppm) 8-hour average;
                         Oxidant—800 ug/m3 (0.4 ppm) 1-hour average;
                         N02—2,260 ug/m3 (1.2 ppm) 1-hour  average
                            565 ug/m3 (0.3 ppm) 24-hour average;

                    and meteorological conditions  are such  that this condition can
                    be expected to continue for twelve (12) or more hours.

               (4)  "EMERGENCY":  The Emergency level is reached when the Warning
                    level for a pollutant has been exceeded and (1) the concentra-
                    tions of the pollutant are continuing to increase, or (2) the
                    Director determines that, because of meteorological or other
                    factors, the concentrations will  continue to increase.

                         S02 —2,100 ug/m3 (0.8 ppm)  24-hour average;
                         Particulate matter—7.0 COH's or 875 ug/m3, 24-hour
                            averages;
                         SOo and Particulate matter combined—product of SOo,
                            ppm, 24-hour average and COH's  equal to 1.2 or product
                            of S02» ug/m3, 24-hour average and particulate matter,
                            ug/m3, 24-hour average equal to 393x1O3;
                         CO—46 ug/m3 (40 ppm) 8-hour average;
                         Oxidant—1,200 ug/m3 (0.6 ppm) 1-hour average;
                         N02->3,000 ug/m3 (1.6 ppm) 1-hour average; 750 ug/m3
                            (0.4 ppm) 24-hour average;

               (5)  "TERMINATION":  Once declared, any status reached by application
                    of these criteria will remain in effect until the criteria for
                    that level are no longer met.   At such time, the next lower
                    status will be assumed.

(5.0)       SECTION 20.  VARIANCES:  shall be amended to read as follows:

           (a)  Every application for a variance shall be made on forms furnished
                by the Department and shall be accomplished by a complete and de-
                tailed description of present conditions, how present conditions do
                not conform to standards, and such other information as the Depart-
                ment may prescribe by rules or regulations.
                                                -26-

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(b)   Each application for a variance shall  be  reviewed in  light  of the
     descriptions,  statements,  plans, histories,  and other supporting
     information submitted with the application,  such additional  infor-
     mation as may  be submitted upon the request  of the Department,  and
     the effect or  probable effect upon the air quality standards estab-
     lished pursuant to this chapter.

(c)   Whenever an application is approved, the  Department shall  issue a
     variance authorizing the emission in excess  of applicable  standards.
     Approval of a  variance shall  be made only after a public hearing  is
     held by the Department in the county where the source is situated.
     No variance shall  be granted  by the Department unless the  applica-
     tion and the supporting information clearly  show that:

     (1)  The continuation of the  function or  operation involved in the
          emissions by the granting of the variance, is in  the public
          interest;

     (2)  The emission occurring or proposed to occur does not  substan-
          tially endanger human health or safety; and

     (3)  Compliance with the rules, regulations, or standards  from which
          variance  is sought would produce serious hardship without equal
          or greater benefits to the public,

(d)   Any variance or renewal thereof shall  be  granted within the require-
     ments of this  section and for time periods and under  conditions con-
     sistent with the reasons therefor, and within the following limitation:

     (1)  If the variance is granted on the ground that there is no prac-
          ticable means known or available for the adequate prevention,
          control or abatement of  the emission involved, it shall be only
          until the necessary means for prevention, control, or abatement
          become practicable and subject to the taking of any substitute
          or alternate measures that the Department may prescribe.  No re-
          newal of variance granted under this subsection  shall  be allowed
          without a thorough review of known and  available means of pre-
          venting,  controlling, or abating the emission involved.

     (2)  The Director may issue a variance for a period not exceeding ten
          years.

     (3)  Every variance granted under this section shall  include condi-
          tions requiring the grantee to perform  air sampling and report
          the results of such sampling to the  Department.

(e)   Any variance granted pursuant to this section may be  renewed from time
     to time on terms and conditions and for periods not exceeding ten years
     which would be appropriate on initial  granting of a variance; provided
     that the applicant for renewal has met all of the conditions specified
     in the immediately preceding  variance; and provided,  further, that
                                     -27-

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              the renewal,  and the variance issued in pursuance thereof,  shall
              provide for emission not greater than that attained  pursuant  to  the
              terms  of the  immediately preceding variance at its expiration.   No
              renewal shall  be granted except on application therefor.  Any such
              application shall  be made at least sixty days  prior  to  the  expira-
              tion of the variance.

         (f)   No variance shall  be granted unless the Department finds  that human
              health and safety will  not be endangered thereby and that the at-
              tainment or maintenance of a National Ambient  Air Quality Standard
              will not be prevented or interfered with.

         (g)   No variance granted pursuant to this part shall  be construed  to
              prevent or limit the application of any emergency provisions  and
              procedures provided by law.

(15.0)    SECTION 21.  PENALTIES:  shall be amended to read as  follows:

         Any  person who violates the provisions of this Chapter shall  be  liable
         for  a penalty in a manner and amount as provided in Act 100,  Session  Laws
         of Hawaii,  1972.

(16.0)    SECTION 22.  HEARINGS AND APPEALS:  shall be amended  to read as  follows:

         Hearings before the Department shall be held and appeals  from any  of  its
         decisions for any violation of these regulations shall be made in  ac-
         cordance with Act 100, Session Laws of Hawaii, 1972.

(3.0)     SECTION 23.  APPLICATION:

         The  provisions of this Chapter shall apply to the State of Hawaii, except
         where designated.

(2.0)     SECTION 24.  UNCONSTITUTIONALITY CLAUSE:

         Should any section, paragraph, sentence, clause, phrase or application
         of this Chapter be declared unconstitutional or invalid for any  reason
         by competent authority, the remainder or any other  application of  said
         Chapter shall not be affected thereby.

(2.0)     SECTION 25.  DATE OF EFFECT:

         This Chapter shall  be effective 60 days from the date of  its adoption by
         the  Department of Health, State of Hawaii.
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FEDERALLY PROMULGATED
    REGULATIONS
           -29-

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(14.0)     52.624           REGULATION FOR PUBLIC AVAILABILITY
                                    OF EMISSION DATA

          (b)  Regulation for public availability of emission data.

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

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

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

               (4)  Emission data obtained from owners or operators of stationary
                    sources will be correlated with applicable emission limitations
                    and other control measures that are part of the applicable plan
                    and will be available at the appropriate regional office and at
                    other locations in the state designated by the Regional Admin-
                    istrator.
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(10.0)  52.629       Review of New or Modified Indirect  Sources

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

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

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

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial and industrial facilities.

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

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)  Education facilities.

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

                       (1ii)   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:

     (i)     In an SMSA:

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

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

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

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

     (ii)     Outside an  SMSA:

             (a)   Any new  parking  facility,  or other new indirect
                  source with an  associated  parking  area, which  has
                  a parking  capacity of  2,000  cars  or more;   or
                             -32-

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

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

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

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

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

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

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

             (a) The name  and address  of the applicant.

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

             (c) A description of  the  proposed use  of the  site,  in-
                 cluding the normal hours of operation of the facil-
                  ity, and  the general  types of activities to be op-
                 erated  therein.
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        (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to  and from the site and its associated
            parking areas, and the location and height of
            buildings  on the site.

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

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

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

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

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

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

        (c)   Expected passenger loadings at the airport.

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

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

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

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

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

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

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

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

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

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

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

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

(9)   (i)      Whenever an indirect source  as proposed  by an owner or
             operator's  application would not be permitted to  be con-
             structed  for  failure to meet the tests set forth  pursuant
             to paragraphs (b)  (4)  (i),  (b)  (5)  (i),  or  (b)  (6)  (i)
             and  (111) of  this section, the Administrator may  impose
             reasonable  conditions  on an  approval related to the air
             quality  aspects  of  the proposed indirect source so that
             such  source,  if  constructed  or modified  in accordance
             with  such conditions,  could  meet the tests set  forth
             pursuant to paragraphs (b)  (4)  (i),  (b)  (5)  (i),  or  (b)
             (6)  (i)  and (iii) of this  section.  Such conditions may
             include,  but  not be limited  to:

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

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

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

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

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

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

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

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

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

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

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

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

      (37 FR 1G846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)' .
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(17.0)  52.632     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 natter:
               Annual  geometric mean 	        5            10
               24-hr maximum	       10            30

             Sulfur dioxide:
               Annual  arithmetic mean 	        2            15
               24-hr maximum	        5           100
                3-hr maximum	       25           700
     (ii)    For purposes of this paragraph, areas designated as  Class
             IHshaTl be limited td 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)  (1)     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.

     (11)    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 rpfiesignate such  lands Class  I, Class  II, or
        Class  III in-vacordance with  subdivision  (ii) of  this
        subparagraph  provided that:

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

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

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

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

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

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

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

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

(vi)     The Administrator shall approve, within 90 days, any re-
        designation proposed pursuant  to this subparagraph as
        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)  (11) (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.

    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.

    (ii)    Coal Cleaning Plants.

    (iii)   Kraft Pulp Mills.

    (iv)    Portland Cement Plants.

    (v)     Primary Zinc Smelters.

    (vi)    Iron and Steel Mills.

    (vii)   Primary Aluminum Ore Reduction Plants.

    (viii)  Primary Copper Smelters.

    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.

    (x)     Sulfuric Acid Plants..

    (xi)    Petroleum  Refineries.

    (xii)   Lime Plants.

    (xiii)  Phosphate  Rock Processing Plants.

    (xiv)   By-Product Coke Oven Batteries.

    (xv)    Sulfur Recovery Plants.

    (xvi)   Carbon Black Plants  (furnace  process).

    (xvii)  Primary Lead Smelters.

    (xviii) Fuel Conversion Plants.

    (xix)   Ferroalloy production facilities commencing construction
            after October 5,  1975.

(2)  No owner  or operator shall  commence  construction  or modification
    of a  source subject to this  paragraph unless  the  Administrator de-
    termines  that, on  the basis  of  information  submitted  pursuant  to
    subparagraph  (3) of this  paragraph:
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    (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other sources in the areas affected by the proposed source
            shall include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of 1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

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

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

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

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

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

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

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

(e)   Procedures  for public participation

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

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

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

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

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

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

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

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

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

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

(f)   Delegation of authority

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

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

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

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

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

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