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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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,
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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.
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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.
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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.
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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
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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
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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
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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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