U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 261
Air Pollution Regulations in State
Implementation Plans: Idaho
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290261
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-062
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Idaho
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-450/3-78-062
3. RECIPIENT'S ACCESSION-NO
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans:Idaho
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
P5 J
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICED
A
r
EPA Form 2220-1 (9-73)
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EPA-450/3-78-062
Air Pollution Regulations
in State Implementation Plans
Idaho
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
-------
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-450/3-78-062
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(1)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
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 1S77 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submittal Date
6/9/72
2/15/73
7/1/74
1/10/75
1/10/75
1/24/75
7/28/75
Section Number
52.675
52.676
52.677
52.683
OF
EPA-APPROVED REGULATION CHANGES
IDAHO
Approval Date
7/27/72
5/14/73
1/30/75
8/7/75
11/19/75
8/7/75
11/4/75
FEDERAL REGULATIONS
Description
Control Strategy: Sulfur oxides—Eastern Idaho
Intrastate Air Quality Region
Control Strategy: Sulfur oxides—Eastern
Washington/Northern Idaho Interstate Region
Compliance Schedules
Prevention of Significant Deterioration
Description
Reg. A, B, C, F
Entire Regs.
Reg. A, T
Reg. C, S
Note: S not acted on yet
Reg. S
Reg. A
Reg. T
v
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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
(2.0)
(1.0)
(3.0)
(3.0)
(13.0)
(7.0)
(5.0)
(2.0)
(2.0)
(9.0)
(2.0)
(2.0)
(2.0)
(14.0)
(2.0)
(3.0)
STATE REGULATIONS
Regulation-Section
Number
A. General Provisions -
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
B. Air Pollution Emer-
gency Regulation -
Section 1
Section 2
Section 3
Section 4
Section 5
Title
. Introduction
Definitions
Registration and Permit
Procedures For Stationary
Sources
Permit Procedures For
Indirect Sources
Reporting
Scheduled Maintenance
Variances
Circumvention
Total Compliance
Sampling and Analytical
Procedures
Provisions Governing
Specific Activities
Purpose
Episode Criteria
Public Notification
General Rules
Specific Emergency Episode
P_a_fl
1
1
9
11
14
15
15
17
18
18
13
19
19
20
20
Abatement Plans For Point
Sources
24
VIII
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Revised Standard
Regulation-Section
Subject Index
(2.0)
(2.0)
(4.1)
(4.2)
(4.6)
(4.4)
(4.3)
(4.5)
(4.1)
(4.7)
(4.7)
(4.7)
(51.13)
(2.0)
(51.13)
Number
C. Ambient Air Quality
Standards - Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
D. Regulation For Control
of Open Burning -
Section 1
Section 2
Section 3
(2.0)
(50.1.2)
(9.0)
(2.0)
E. Regulation For Control
of Smoke and Other
Visible Emissions -
Section 1
Section 2
Section 4
Section 5
Title Page
Purpose 25
General 25
Particulate Matter 25
Sulfur Oxides 26
Photochemical Oxidants 26
Hydrocarbons 26
Nitrogen Dioxide 28
Carbon Monoxide 28
Setteable Particulate 28
Sulfuric Acid Mist 28
Fluorides 28
Beryllium 29
Introduction 30
General Restrictions 30
Categories of Allowable
Burning 30
Purpose 33
Standard For Existing
Sources 33
Point of Measurement 33
Exception 34
IX
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Revised Standard
Subject Index
(2.0)
(50.1)
(2.0)
Regulati on-Sectlon
(51.5)
(2.0)
(2.0)
(50.1)
(2.0)
(50.2)
(50.2)
(50.2)
(50.2)
(2.0)
(50.7)
(2.0)
(50.6)
F.
G.
H.
I.
J.
K.
Number
Regulation For Control
of Fugitive Dust -
Section 1
Section 2
Regulation For Control
of Parti oil ate Emis-
sions From Fuel
Burning Equipment -
Section 1
Section 2
Section 3
Regulation For Control
of Parti cul ate Emis-
sions From Industrial
Process - Section 1
Section 2
Regulation For Sulfur
Content of Fuels -
Section 1
Section 2
Section 3
Section 4
Section 5
Regulation For Control
of Fluoride Emissions -
Section 1
Section 2
Regulation For Control
of Odors - Section 1
Section 2
Title
Purpose
General Rules
Purpose
General Rules
Exceptions
Purpose
Emission Limitations
Purpose
Sulfur Content in Fuels
Residual Fuel Oils
Distillate Fuel Oil
Coal
Purpose
General Rules
Purpose
General Rules
Pagi
35
36
36
36
37
39
39
41
41
41
41
42
43
43
44
44
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Revised Standard
Subject Index
(2.0)
(51.9)
(2.0)
(2.0)
(12.0)
(2.0)
(51.8)
(2.0)
(2.0)
(51.14)
(9.0)03.0)
(2.0)
(2.0)
(2.0)
(51.20)
(2.0)
(2.0)
(2.0)
Regulation-Section
Number
L. Regulation For Control
of Incinerators -
Section 1
Section 2
Section 3
M. Regulation For Control
of Motor Vehicle Emis-
sions - Section 1
Section 2
N. Regulation For Control
of Hot-Mix Asphalt
Plants - Section 1
Section 2
0. Regulation For Control
of Kraft Pulping Mills
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
P. Regulation For Control
of Wigwam Burners -
Section 1
Section 2
Section 3
Section 4
Q. Regulation For Control
of Rendering Plants -
Section 1
Title Page
Purpose 45
General Rules 45
Exceptions 45
Purpose 46
General Rules 46
Purpose 47
General Rules 47
Purpose 49
Statement of Policy 49
General Rules 49
Monitoring and Reporting 50
Special Studies 51
Exceptions 52
Purpose 53
General Restrictions 53
Design Criteria 53
Exceptions 54
Purpose 55
XI
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Revised Standard
Subject Index
(51.21)
(2.0)
(2.0)
Regulation-Section
Number
Section 2
Section 3
S. Regulation For Control
of Sulfur Oxide Emis-
sions From Combined
Zinc/Lead Smelter
Title
General Restrictions
Exceptions
Page
55
55
(51.11)
(51.11)
(51.11)
(1.0)
(2.0)
(3.0)'
Operations - Section 1
Section 2
Section 3
Section 4
T. Air Pollution Source
. Permits - Section 1
Section 2
Section 3
Purpose
Control of Fugitive Sulfur
Dioxide Emissions
Permanent Control of
Sulfur Dioxide Emissions
Alternate Control of
Sulfur Dioxide Emission
Definitions
Purpose
Procedure For Issuing
56
56
57
60
72
72
Permit
72
FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(50.2)
(50.2)
(6.0)
(17.0)
Section Number
52.675
52.676
52.677
52.683
Title
Page
Control Strategy: Sulfur
Oxides — Eastern Idaho
Intrastate Air Quality
Control Region 76
Control Strategy: Sulfur
Oxides — Eastern Washing-
ton - Northern Idaho Inter-
state Region 81
Compliance Schedules 92
Prevention of Significant
Deterioration 93
XII
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A. GENERAL PROVISIONS
SECTION 1
(2.0) INTRODUCTION
On April 30, 1971, the U. S. Environmental Protection Agency (EPA)
adopted certain national primary and secondary ambient air quality
standards (Federal Register Vol. 36, No. 87) under authority of Section
109 of the Clean Air Act, as amended (Public Law 91-604; 84 Stat. 1676).
Under Section 110 of this Federal law, each state is required to adopt
and submit to the Administrator of EPA a plan which provides for the
implementation, maintenance, and enforcement of national ambient air
quality standards within each air quality control region (or portion
thereof) within the state.
It is the intent of these rules and regulations to comply with the
federal law and to eliminate, or abate, air pollution in conformance
with the 1972 Idaho Session Laws, Chapter 347, Section 5 (1). These
regulations are adopted in accordance with the Administrative Procedure
Act, Title 67, Chapter 52, Idaho Code.
These rules and regulations may be modified from time to time, as
additional information on air contaminants, sources of air pollution
and ambient air quality levels are developed and evaluated.
SECTION 2
(1.0) DEFINITIONS
A. Act means the Idaho Air Pollution Control Act as amended.
TTdaho Code Title 39, Chapter 29)
B. Air Contaminant means dust, fume, gas, mist, odor, smoke, vapor,
pollen, soot, carbon or particulate matter or any combination
thereof.
C. Air Pollution means the presence in the outdoor atmosphere of
any contaminant or combination thereof in such quantity of such
nature and duration and under such conditions as would be injurious
to human health and welfare, to animal or plant life, or to
property, or to interfere unreasonably with the enjoyment of life
or property.
D. Air Quality means the specific measurement in the ambient air
of a particular air contaminant at any given time.
E. Air Quality Criterion means the information used as guidelines
for decisions when establishing air quality goals and air quality
standards.
F. Ambient Air means the surrounding or outside air.
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G. Area Source means any small residential, governmental, institu-
tional, commercial, or industrial fuel combustion operations;
onsite waste disposal facility; motor vehicles, aircraft, vessels,
or other transportation facilities; or other miscellaneous sources.
H. ASTM means the American Society for Testing and Materials.
I. BTU means British Thermal Unit.
J. Certificate of Registration means a certificate presented to a new
or modified source certifying that the source has registered as
provided by State law.
K. Collection Efficiency means the overall performance of the air
cleaning device in terms of ratio of materials collected to total
input to the collector unless specific size fractions of the
contaminant are stated or required.
L. Commission means the Idaho Air Pollution Control Commission created
by the Air Pollution Control Act (Idaho Code Title 39, Chapter 29)
or the Commission Staff or the Air Pollution Control System.
M. Control Equipment means any method, process or equipment which re-
moves, reduces or renders less noxious, air contaminants dis-
charged into the atmosphere.
N. Controlled Emission means an emission which has been treated by
control equipment to remove all or part of an air contaminant before
release to the atmosphere.
0. Settleable Parti oil ate is particulate matter which is emitted into
the atmosphere such that it may deposit onto horizontal surfaces
due to gravitational settling.
P. Emission means the act of releasing or discharging air pollutants
into the ambient air from any source.
Q. Emission Standard means a limitation on the release of an air con-
taminant to the ambient air.
R. Equivalent Air-Dried Kraft Pulp means pulp production which pro-
duces a loading of black liquor solids to the recovery furnace
equivalent to that loading produced with kraft pulp.
S. Existing Source means any air contamination source that exists, is
installed, or is under construction on the adopted date of theso
regulations.
T. Fuel-Burning Equipment means any furnace, boiler, apparatus,
stack, and all appurtenances thereto, used in the process of burn-
ing fuel for the primary purpose of producing heat or power by
indirect heat transfer.
-2-
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U. Fugitive Dust means solid, airborne participate matter emitted
from any source other than through a stack.
V. Hot-Mix Asphalt Plant means those firms conveying proportioned
quantities or batch loading of cold aggregate to a drier, and
heating, drying, screening classifying, measuring and mixing
the aggregate and asphalt for the purposes of paving, construct-
ion, industrial, residential or commercial use.
W. Incinerator means any source consisting of a furnace and all
appurtenances thereto designed for the destruction of refuse
by burning. "Open Burning" is not considered incineration.
For purposes of these rules, the destruction of any combustible
liquid or gaseous material by burning in a flare stack shall be
considered incineration.
X. Industrial Process means any step in a manufacturing operation
which results in the emission of particulate matter to the
atmosphere.
Y. Kraft Pulping means any pulping process which uses, for cooking
liquor, an alkaline sulfide solution containing sodium hydroxide
and sodium sulfide.
Z. Monitoring means sampling and analysis, in a continuous or non-
continuous sequence, using techniques which will .adequately
measure emission levels and/or ambient air concentrations of
air contaminants.
AA. Multiple Chamber Incinerator means any article, machine, equip-
ment, contrivance, structure or part of a structure used to
dispose of combustible refuse by burning, consisting of three
or more refractory lined combustion furnaces in series physically
separated by refractory walls, interconnected by gas passage ports
or ducts and employing adequate parameters necessary for max-
imum combustion of the material to be burned.
BB. New Source means any stationary source, the construction or
modification of which is commenced after the effective date of
this regulation.
CC. Non-Condensibles means gases and vapors from processes that are
not condensed at standard temperature and pressure unless other-
wise specified.
DD. Odor means the sensation resulting from stimulation of the human
sense of smell.
EE. Opacity means a state which renders material partially or wholly
impervious to rays of light and causes obstruction of an observer's
view.
-3-
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FF. Open Burning means' 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
a stack, duct, or chimney.
GG. Particulate Matter means any material, except water in uncom-
bined form, that exists as a liquid or a solid at standard
conditions.
HH. Person means any person, corporation, firm, partnership or any
state or local governmental entity.
II. Portable Hot-Mix Asphalt Plant means those asphalt plants or
equipment which are designed to be dismantled and transported
from one job site to another job site.
JJ. ppm (parts per million) means parts of a gaseous contaminant
per million parts of gas by volume.
KK. Primary Ambient Air Quality Standard means that air quality
which, allowing an adequate margin of safety, is requisite to
protect the public health.
LL. Process or process equipment means any equipment, device or con-
trivance for changing any materials whatever or for storage or
handling of any materials, and all appurtenances thereto, in-
cluding ducts, stack, etc., the use of which may cause any dis-
charge of an air contaminant into the outdoor open air but not
including that equipment specifically defined as fuel-burning
equipment or refuse-burning equipment.
MM. Process Height means the total weight of all materials intro-
duced into any source operation which may cause any emissions
of particulate matter. Process weight includes solid fuels
charged, but does not include liquid and gaseous fuels charged
or combustion air.
NN. Process Weight Rate means the rate established as follows: For
continuous or long-run steady-state source operations, the total
process weight for the entire period of continuous operation
or for a typical portion thereof, divided by the number of hours
of such period or portion thereof.
For cyclical or batch source operations, the total process
weight for a period that covers a complete operation or an in-
tegral number of cycles, divided by the hours of actual process
operation during such a period. Where the nature of any pro-
cess or operation or the design of any equipment is such as
to permit more than one interpretation of this definition, the
interpretation that results in the minimum value for allowable
emission shall apply.
-4-
-------
00. Salvage' Operations means any source consisting of any business,
trade or industry engaged in whole or in part in salvaging or
reclaiming any product or material, such as, but not limited to,
reprocessing of used motor oils, metals, chemicals, shipping
containers, or drums, and specifically including automobile
graveyards and junkyards.
PP. Secondary Ambient Air Quality Standard means that air quality
which is requisite to protect the public welfare from any known
or anticipated adverse effects associated with the presence of
air pollutants in the ambient air.
QQ. Show-Cause Order means an order issued by the Department to 'a
source which is requesting permission for construction and
which the Department, after reviewing their construction plans,
has reason to believe may violate a regulation of the Department
or contribute to air pollution. The order requires that the
source give reason as to why construction of modification of the
source should not be halted.
RR. Smoke means small gas-borne particles resulting from incomplete
combustion, consisting predominantly, but not exclusively, of
carbon and other combustible material.
SS. Source means any source at, from, or by reason of which there
is emitted into the atmosphere any air contaminant, or the
facility, equipment or other property by which the emission
is caused or from which the emission comes.
TT. Source Operation means the last operation preceding the emission
of air contaminants, when this operation:
(1) Results in the separation of the air contaminants from the
process materials or in the conversion of the process mat-
erials into air contaminants, as in the case of fuel com-
bustion, and,
(2) Is not an air cleaning device.
UU. Stack means any chimney, flue, conduit, or duct arranged to
conduct emissions to the ambient air.
VV. Standard Conditions means a dry gas temperature of 70°F. and
a gas pressure of 14.7 pounds per square inch absolute.
WW. TRS (total reduced sulfur) means hydrogen sulfide, mercaptans,
dimethyl sulfide, dimethyl disulfide and any other organic sul-
fide present.
XX. Ringelmann Smoke Chart means the chart published and described
in the U. S. Bureau of Mines Information Circular 8333.
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YY. Uncontrolled Emission means an emission which has not been
treated by control equipment or in some cases, the emission
before treatment by control equipment.
II. Wigwam Burner means wood waste burning devices commonly called
teepee burners, silos, truncated cones, and other such burners
commonly used by the wood product industry for the disposal by
burning of wood wastes.
AAA. Backgroud Level means the value assigned to the quantity of
particulate or gaseous material in ambient air which originates
from natural sources uninfluenced by the activity of man.
BBB. Stationary Source means any building structure, facility, or
installation which emits or may emit any air pollutant.
CCC. Modification means any physical change in, or change in the method
of operation of, a stationary source which increases the amount
of any air pollutant (to which a standard applies) emitted by
such source or which results in the emission of any air pollutant
(to which a standard applies) not previously emitted except
that: (1) routine maintenance, repair and replacement shall
not be considered physical changes, and (2) the following shall
not be considered a change in the method of operation.
a. An increase in the production rate if such increase does
not exceed the operating design capacity of the affected
facility;
b. An increase in hours of operation.
c. Use of an alternative fuel or raw material if prior to the
date any standard under this part becomes applicable to such
facility, the affected facility is designed to accomodate
such alternative use.
ODD. Pilot Plant means any scaled-down working model of an existing
or proposed facility. Such pilot plant shall not have a design
capacity in excess of 1/10 that of the full scale facility of
which it is a model.
EEE. Department means the Department of Health and Welfare.
FFF. Indirect Source means any building, structure, facility or in-
stallation the operation or use of which at the location pro-
posed, may indirectly result in an increase in ambient air
concentrations of any motor vehicle related pollutant for which
there is a State or Federal ambient air quality standard. Such
sources may include but are not limited to:
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(a) Highways and roads
(b) Parking lots and garages
(c) Retail facilities
(d) Recreational centers and amusement parks
(e) Sports stadiums
(f) Airports
(g) Commercial or industrial developments.
GGG. Construction means fabrication, erection or installation of a
source.
HHH. Commence Construction or Modification means to engage in a con-
tinuous program of construction or modification, or to engage
in a program of planned incremental development, including site
clearing, grading, dredging, or landfill ing, specifically de-
signed for the source in preparation for the fabrication, erection,
or installation of the building components of the source. For
the purpose of this Regulation, delays or 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 has commenced and/
or is continuous.
III. Urbanized Area means any area within the city limits of, or with-
in five (5) miles of the city limits of any city with a population
of more than 10,000 persons.
JJJ. Ambient Air Quality Violation means any single ambient concen-
tration of any air contaminant that exceeds any national, state,
or local ambient air quality standard at any point in an area
outside the source property line.
KKK. Emission Standard Violation means any emission rate that exceeds
the standards set forth in these Regulations, in permits issued
by the Department or any other legally enforceable document
developed by the Department.
LLL. Malfunction means any sudden and unavoidable failure of air pol-
lution control equipment, process equipment or process to operate
in a normal or usual manner. Failures that are caused entirely
or in part by poor maintenance, careless operation or any other
preventable upset condition or equipment breakdown shall not be
considered malfunctions.
Permittee - any person or other legal entity which is legally re-
sponsible for a source of air contamination of the atmosphere.
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Air Pollution Source Permit - a final order issued by the De-
partment which contains specific emission limits and standards
for a source in accordance with environmental laws, rules, reg-
ulations,and standards of the State of Idaho.
000. Board - Idaho Board of Health and Welfare.
PPP. Director - the Director of the Department of Health and Welfare.
QQQ. Notice - defined by Idaho Code.
RRR. Department - Idaho Department of Health and Welfare.
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SECTION 3
(3.0) REGISTRATION AND PERMIT PROCEDURES FOR STATIONARY SOURCES
A. Registration of Existing Sources^
All existing sources shall register within 90 days after the ef-
fective date or upon relocation on forms provided by the Department.
B. Permits For New.and Modified Sources
No owner or operator shall commence construction or modification
of any stationary source after the effective date of this regulation
without first obtaining a Permit to Construct from the Department.
1. Application for Permit to Construct or Modify shall be made
on forms furnished by the Department, or by other means
prescribed by the Department.
2. A separate application is required for each source.
3. Each application shall be signed by the applicant.
4. Each application shall be accompanied by site information,
plans, description specifications, and drawings showing the
design of the source, the nature and amount of emissions,
and the manner of which it will be operated and controlled.
5. Any additional information, plans, specifications, evidence
or documentation that the Department may require shall be
furnished upon request.
C. General Procedures
1. No permit to Construct or Modify shall be granted unless the
applicant shows to the satisfaction of the Department that:
a. The source will operate without causing a violation of any
local, State or Federal Air Pollution Control Regulation.
b. The source will not prevent or interfere with attainment
or maintenance of any national standard.
2. The Department will act within 60 days on an application and
will notify the applicant in writing on approval, conditional
approval or denial of the application. The Department will
set forth reasons for any denial.
3. The Department may impose any reasonable conditions upon an
approval, including conditions requiring the source to be pro-
vided with:
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a. Sampling ports of a size, number, and location as the
Department may require.
b. Safe access to each port.
c. Instrumentation to monitor and record emission data.
d. Any other sampling and testing facilities as may be deemed
necessary.
4. The Department may cancel an approval if the construction is
not begun within two years from the date of issuance, or if
during the construction, work is suspended for one year.
5. Any owner or operator subject to the provisions of this reg-
ulation shall furnish the Department written notification
as follows:
a. A notification of the anticipated date of initial start-
up of the source not more than 60 days or less than 30
days prior to such date.
b. A notification of the actual date of initial start-up of
the source within 15 days after such date.
6. Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days
after initial start-up of such source, the owner or operator
of such source may be required to conduct a performance test
in accordance with methods and under operating conditions
approved by the Department and furnish the Department a
written report of the results of such performance test.
a. Such test shall be at the expense of the owner or operator.
b. The Department may monitor such test and may also conduct
performance tests.
c. The owner or operator of a source shall provide the Depart-
ment 15 days prior notice of the performance test to
afford the Department the opportunity to have an observer
present.
D. Exemptions
No registration or permit to construct is required for the following
classes of equipment:
1. Air conditioning or ventilating equipment not designed to remove
air contaminants generated by or released from equipment.
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2. Air contaminant detectors or recorders, combustion controllers,
or combustion shutoffs.
3. Fuel burning equipment for indirect heating and for heating
and reheating furnaces using gas exclusively with a capacity
of less than 50 million BTU per hour input.
4. Other fuel burning equipment for indirect heating with a cap-
acity of less than one million BTU per hour input.
5. Mobile internal combustion engines, marine installations and
locomotives.
6. Laboratory equipment used exclusively for chemical or physical
analysis.
7. Pilot plants with written approval from the Administrator,
renewable annually, the products from which are not offered
for sale except in developmental quantities.
8. Any other class or size of equipment specifically exempted by
the Department.
E. Issuance of a Permit to Construct or Modify or Certificate of
Registration shall not relieve any owner or operator of the re-
sponsibility to comply with all applicable local, State, and
Federal regulations.
SECTION 4
(3.0) Permit Procedures for Indirect Sources
A. Applicability
The requirements of this Section are applicable to the following:
1. In an urbanized area:
a. Any new parking facility or other new indirect source with
an associated parking area which has a 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 by 500
cars or more; or
c. Any new highway section with an anticipated average annual
daily traffic volume of 20,000 or more vehicles per day
within ten years of construction; or
d. Any modified highway section which will increase average
annual daily traffic volume by 10,000 vehicles per day
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within ten years after modification.
2. Oustide an urbanized area:
a. Any new parking facility, or other new indirect source
with an associated parking area, which has a parking cap-
acity of 2,000 cars or more; or
b. Any modified parking facility, or other modified indirect
sources with associated parking area, which increases
parking capacity by 1,000 cars or more.
3. Any airport, the construction or general modification program
of which is expected to result in the following activity
within ten years of construction or modification:
a. New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
passengers per year.
b. Modified airport: Increase of 50,000 operations per year
by regularly scheduled air carriers over the existing
volume of operations, or increase of 1,600,000 passengers
per year.
4. Where an indirect source is constructed or modified in increments
which individually are not subject to review under this par-
agraph, all such increments occurring since the effective date
of this regulation shall be added together for determining the
applicability of this Section.
B. Permits for New and Modified Indirect Sources
No owner or operator shall commence construction or modification
of any indirect source after the effective date of this regulation
without first obtaining a Permit to Construct from the Department.
1. Application for a Permit to Construct or Modify shall.be
made on forms furnished by the Department, or by other means
prescribed by the Department.
2. A separate application is required for each source.
3. Each application shall be signed by the applicant.
4. Each application shall be accompanied by site information,
plans, description, specifications, and drawings showing the
design of the source, the nature and amount of emissions, and
the manner in which it will be operated and controlled.
5. Any additional information, plans, specifications, evidence
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or documentation that the Department may require shall be furnished
upon request.
C. General Procedures
1. No permit to Construct or Modify will be granted unless the
applicant shows to the satisfaction of the Department that:
a. The source will operate without causing a violation of
any local, State or Federal Air Pollution Control Regulation.
b. The source will not prevent or interfere with attainment
or maintenance of any national ambient air quality standard.
2. The Department will review the application within 15 days to
determine if any additional information is required. The De-
partment will notify the applicant requesting such information.
3. The Department shall, according to procedures on file at the
Department, review all information within 15 days after all
needed information has been submitted and provide an analysis
of the effect of the operation or use of the indirect source
on ambient air quality and a description of the Department's
proposed approval or disapproval.
a. The analysis provided for in this subsection and the Depart-
ment's proposed action, together with the information sub-
mitted by the owner or operator, shall be made available
to the public in at least one location in each county
in which the indirect source is to be located. The
availability of such materials shall be made known by
notice published in a newspaper of general circulation
in each county in which the indirect source is to be located.
A copy of such notice shall be sent to the Environmental
Protection Agency and to other appropriate State and local
agencies. There shall be a 30 day period after publication
for comment on the air quality effects of the indirect
source. Such comment shall be made in writing to the
Department.
b. After consideration of comments and any additional information
submitted during the comment period, and within 45 days
after publication of the notice, the Department will notify
the applicant in writing of approval, conditional approval,
or denial of the permit. The Department will set forth
reasons for any denial.
4. The Department may impose reasonable conditions upon an approval.
5. The Department may cancel an approval if the construction is
delayed more than two years from the date specified in the
application. Further, if construction is not begun within five
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years after issuance of the permit, the Department may re-
evaluate the proposal in light of any changed conditions in
the vicinity of the proposed facility that were not anticipated
at the time of review and may impose any additional conditions
on approval that may be necessary to prevent interference with
the attainment or maintenance of any national ambient air
quality standard.
Issuance of a permit to construct shall not relieve the owner or
operator of the responsibility to comply with all applicable local,
State, or Federal regulation, or any applicable portions of the
states control strategy.
SECTION 5
(13.0) Reporting
A. The Department, in furtherance of its duties granted by the 1972
Idaho Session Laws, Chapter 347, Section 5 (1), may require a
person engaged in an activity which may violate the Air Pollution
Control Act or any rules or regulations adopted thereunder to:
1. Prepare a schedule whereby the unlawful activity will be
brought into compliance over a specified period of time;
2. Submit periodic reports to the Department indicating progress
in achieving compliance;
3. Keep and maintain appropriate records or to monitor air con-
taminants at the source, in the ambient air, or in vegetation
to demonstrate compliance;
4. Develop emergency episode plans to help prevent ambient air
pollution concentrations from reaching levels which would
cause substantial endangerment to health.
5. Any emission standard violation due to a malfunction must
be reported to the Department no later than the end of the
working day following the occurrence, unless otherwise specified
by the Department.
B. The Administrator, after hearing, may require such compliance
schedulesv periodic reports, records and monitoring, or emergency
episode plans for an individual pollution source or for an entire
group or class of such pollution sources.
C. All reports and information submitted to the Department shall be
provided in a format approved by the Department.
D. Any records or information furnished to the Department shall be
subject to the confidentiality provisions of Section 114 of the
1970 Federal Clean Air Act.
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SECTION 6
(7.0) Scheduled Malntenace
Emissions exceeding any of the limits established in these regulations.
as a direct result of the shutdown of any air pollution equipment for
scheduled maintenance while the related production equipment con-
tinues to operate, shall require the following:
A. Such occurrence shall be reported in writing to the Department as
soon as reasonably possible; and permission from the Department
must be received prior to such a shutdown.
B. Permission may be granted only in those cases where the maximum
reasonable effort, including off-shift labor where required, has
been made to accomplish such maintenance during periods of non-
operation of any related source operations or equipment.
C. The person responsible for such emission shall, with all practicable
speed, initiate and complete appropriate action to correct the
conditions causing such emissions to exceed said units; to re-
duce the frequency of occurrence of such conditions; to minimize
the amount by which said limits are exceeded; and shall, upon re-
quest of the Department, submit a full report of such occurrence.
D. Persons responsible for operating equipment that might exhaust
harmful contaminants during maintenance shutdowns, shall provide
auxiliary pollution abatement equipment to maintain levels below
those harmful to man, animals, and vegetation, or reduce pro-
duction levels to meet such requirements.
SECTION 7
(5.0) Variances
A. Petition. A variance proceeding shall be commenced by filing three
copies of a petition for variance with the Administrator. The
complaint may be accompanied by such affidavits or other proof
as the petitioner may submit in order to make it possible for the
Administrator, if he so desires, to dispose of the matter without a
hearing. The petition shall contain the following:
1. A concise statement of the facts upon which the variance is
requested, including a description of the business or activity
in question; the quantity and type of raw materials processed;
an estimate of the quantity and type of comtaminants dis-
charged; a description of existing and proposed equipment
for the control of discharges; and a time schedule for bringing
the activity into compliance;
2. A concise statement of why the petitioner believes that com-
pliance with the provision from which variance is sought
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would impose an arbitrary or unreasonable hardship, including
a description of the costs that compliance would impose on the
petitioner and other, and of the injury that the grant of the
variance would impose on the public; and
3. A clear statement of the precise extent of the relief sought.
B. Notice. The Department shall give notice of all variance petitions
as required by law.
C. Investigation and Recommendation. After investigating the variance
petition and considering the views of person who might be adversely
affected by the grant of the variance, the Department staff shall
within 21 days after the filing of the petition, make a recommend-
ation to the Administrator as to the disposition of the petition.
The recommendation, a copy of which shall be served on the petitioner,
shall include:
1. A description of the efforts made by the Staff to investigate
the facts as alleged and to ascertain the views of persons
who might be affected, and a summary of the views so
ascertained;
2. A statement of the degree to which, if at all, the Staff
disagrees with the facts as alleged in the petition;
3. Allegations of any other facts the Staff believes relevant
to the disposition of the petition;
4. The Staff's assessment of the costs that compliance would
impose on the petitioner and on others and of the injury that
the grant of the variance would impose on the public; and
5. The Staff's reasoned recommendations as to what disposition
should be made of the petition.
D. Objections to Petition. Any person may file with the Department
within twenty-one days after the filing of the petition, a
written objection to the grant of the variance. A copy of such
objection shall be provided by the Department to the petitioner.
E. Authorization of Hearing. If no objection is made by the Staff
or by any other person to the grant of the variance within 21
days after the filing of the petition, the Administrator shall
authorize a hearing unless it determines either:
1. That even if all the facts alleged in the petition are true,
the petitioner is not entitled to a variance; or
2. That the petitioner has shown from affidavits or other proof
that compliance with the provisions from which variance is
sought would impose an arbitrary or unreasonable hardship.
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No variance shall be granted, with or without hearing, without
adequate proof by the petitioner that compliance would impose
an arbitrary or unreasonable hardship.
If the Administrator decides not to hold a hearing, he shall pass
upon the petition and shall prepare an opinion stating his reasons
both for the grant or denial of the petition and for his decision
not to hold a hearing.
The Administrator may authorize a hearing without waiting for the
expiration of the 21 days during which objections may be filed,
but shall not rule upon the petition without hearing until the
21 days have elapsed.
F. Notice of Hearing. The Hearing Officer, after appropriate con-
sultation with the parties, shall set a time and place for hearing
and shall give notice to the petitioner, the Administrator, and
anyone who has filed an objection to the petition at least 21
days prior to the date of the hearing. The hearing shall be
set for a date no later than 60 days after the filing of the
petition. Any request by the petitioner for a continuance
shall constitute a waiver of the right to a decision within 90
days, under Section 38 of the Act, for the period of the continuance.
G. Decision. The Administrator shall render a final decision on
the petition within 90 days after the filing of the petition,
except that time included in a continuance granted at the request
of the petitioner shall not be counted. When exigencies of time
require, the Administrator may delay the filing of an opinion
until not more than 30 days after the filing of its final order
under this SECTION.
H. Variance from New Regulation. If any person files a petition for
variance from a regulation within 20 days after the effective
date of such a regulation, the operation of such regulation shall
be stayed as to such person, pending the dispositon of the petition.
The Administrator may hold a hearing upon said petition within
five days from the notice of such hearing, but in all other re-
spects, the rules in this Section shall apply to the extent they
are consistent with the hearing date set by the hearing officer.
SECTION 8
(2.0) Circumvention
No person shall willfully cause or permit the installation or use of any
device or use of any means which, without resulting in a reduction
in the total amount of air contaminants emitted, conceals an emission
of air contaminants which would otherwise violate these rules and
regulations.
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SECTION 9
(2.0) Total Compliance
Where more than one ambient air quality standard or emission standard
may apply to a particular situation, all such standards must be met
for total compliance, unless otherv/ise provided for in these rules and
regulations.
SECTION 10
(9.0) Sampling and Analytical Procedures
All sampling and analytical procedures shall be as approved by the
Department. A procedures manual to be entitled "Procedures Manual
for Air Pollution Control" shall be published and maintained by the
Department staff. The procedures manual is available upon request.
SECTION 11
(2.0) Provisions Governing Specific Activities
A. Toxic Substances. Any contaminant which is by its nature toxic
to human or animal life or vegetation, but is not specifically
controlled elsewhere in these rules and regulations, shall not be
emitted in such quantities or concentrations as to alone, or in
combination with other contaminants, injure or unreasonably af-
fect human or animal life or vegetation. As information becomes
available, limits will be specified for concentration of toxic
materials in the ambient air and emission limits will be set
accordingly.
B. Modifying Physical Conditions. When physical conditions such as
tall adjacent buildings, valley and mountain terrain, etc., are
such as to limit the normal dispersion of air contaminants, the
Board may set more restrictive emission limitations on those
sources affected by the usual conditions when air quality stan-
dards would reasonably be expected to be exceeded.
C. Source Density. Should areas develop where an individual source
is meeting the requirements of these rules and regulations, yet
the ambient air quality standards are being exceeded or might
reasonably be expected to be exceeded, the Board may set more
restrictive emission limits than are contained in these rules
and regulations.
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B. AIR POLLUTION EMERGENCY REGULATION
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to define criteria for an air pol-
lution emergency, to formulate a plan for preventing or alleviating
such an emergency, and to specify rules and regulations for carrying
out the plan. The procedures for implementing this regulation are
delineated in Chapter XII of the State Implementation Plan.
SECTION 2
(8.0) EPISODE CRITERIA
In order to prevent air quality in any area of the state from degrad-
ing to the point where the public health would be substantially en-
dangered, the Department is specifying four stages or levels of atmos-
pheric stagnation and/or degraded air quality. At each of these levels,
a different emergency action plan will go into effect for the stricken
area. These stages consist of:
Stage 1 - Air Pollution Forecast: An internal watch by the Depart-
ment shall be actuated by a National Weather Service re-
port that an Atmospheric Stagnation Advisory to be issued,
or the equivalent local forecast of stagnant atmospheric
conditions.
Stage 2 - Alert: This is the first stage at which air pollution
control actions by industrial sources are to begin.
Stage 3 - Warning: the warning level indicates-that air quality
is continuing to degrade and that further control actions
are necessary.
Stage 4 - Emergency: The emergency level indicates that air quality
is continuing to degrade to a level that will endanger
the public health and that the most stringent control
actions are necessary.
Once an episode stage is reached, emergency action corresponding to
that level will remain in effect until air quality measurements indicate
that another stage (either lower or higher) has been attained. At such
time, actions corresponding to the next level will go into effect.
This procedure will continue until the episode is terminated.
The air quality criteria defining each of these episode stages are
presented in Figure VII-1. The 24-hour average ambient concentration
of particulate matter, measured either in micrograms per cubic meter
(ug/m3) or as a coefficient of haze (COHs), is oresented along the
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horizontal axis. The vertical axis presents the 24-hour average
ambient concentration of sulfur dioxide, measured either in parts
per million (ppm) or in micrograms per cubic meter (ug/m3).
SECTION 3
(14.0) PUBLIC NOTIFICATION
A. On the basis of degrading air quality as determined by the Depart-
ment, and the criteria for emergency episode levels as shown in
Figure VII-1, the Department will utilize appropriate news media
to insure that the following information is announced to the public:
1. Definition of the extent of the problem.
2. Indication of the action taken by the Department of Environmental
Protection and Health.
3. Air pollution forecast for next few days.
4. Notice of when the next statement from the Department of
Environmental Protection and Health will be issued.
5. Listing of all general procedures which the public, commercial,
institutional and industrial sectors are required to follow.
6. Specific warnings and advice to those person who because of
acute health problems, may be most susceptible to the effects
of the episode.
Such announcements will be made by the news media during regularly
scheduled television and radio news broadcasts and in all editions
of specified newspapers. In addition, when the stage 4 emergency
level is reached, television and radio stations designated by the
Department will repeat these announcements at one-hour intervals
during normal broadcasting hours.
B. The Department will assure that all significant source of air con-
taminants are notified of the emergency level by telephone, or
other appropriate means.
SECTION 4
(2.0) GENERAL RULES
All persons in the designated stricken area shall be governed by the
following rules for each emergency episode level:
A. Level 1 - Air Pollution Forecast
1. There shall be no open burning by any person of tree waste,
vegetation, refuse, or debris in any form (including those
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categories that are normally allowed under the Open Burning
Regulation).
B. Level 2 - Alert
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
waste (except those conical burners for which specific Abate-
ment Plans exist) shall be limited to the hours between 12
noon and 4 p.m.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations
only between the hours of 12 noon and 4 p.m.
4. Commercial, industrial or institutional facilities utilizing
coal or residual fuel oils are required to switch to natural
gas or distillate oil if available.
C. Level 3 - Warning
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of
solid waste or liquid waste shall be prohibited (except
those conical burners for which specific Abatement Plans.
exist).
3. Persons operating fuel-burning equipment which requires boiler
'lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m.
4. Commercial industrial and institutional facilities utilizing
coal or residual fuel are required to either:
• switch completely to natural gas or distillate oil.
• if these low sulfur fuels are not available, curtail the
use of existing fuels to the extent possible without causing
injury to persons or damage to equipment.
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01
o>
(8
0)
CM
CM
Q.
0.
0.8
0.7
0.6
0.5
0.4
0.2
FIGURE VII-1
EMERGENCY EPISODE AIR POLLUTION CRITERIA
O)
O)
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D. Level 4 - Emergency (called only with specific concurrence of
Governor)
1. There shall be no open burning by any persons of tree waste,
vegetation, refuse, or debris in any form.
2. The use of incinerators for the disposal of any form of solid
or liquid waste shall be prohibited.
3. All places of employment described below shall immediately
cease operations:
a. Mining and quarrying of nonmetallic minerals.
b. All construction work except that which must proceed to
avoid emergent physical harm.
c. All manufacturing establishments except those required to
have in force an air pollution emergency plan.
d. All wholesale trade establishments, i.e. places of business
primarily engaged in selling merchandise to retailers or
industrial, commercial, institutional or professional users,
or to other wholesalers, or acting as agents in buying
merchandise for or selling merchandise to such persons or
companies except those engaged in the distribution of
drugs, surgical supplies and food. •
e. All offices of local, county and State government including
authorities, joint meetings, and other public bodies except-
ing such agencies which are determined by the chief admini-
strative officer of local, county, or State government
authorities, joint meetings and other public bodies to be
vital for public safety and welfare and the enforcement
of the provisions of this order.
f. All retail trade establishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the
sale of food.
g. Banks, credit agencies other than banks, securities and
commodities brokers, dealers, exchanges and services;
offices of insurance carriers, agents and brokers, real
estate offices.
h. Wholesale and retail laundries, laundry services and
cleaning and dyeing establishments; photography studios;
beauty shops, barber shops, shoe repair shops.
i. Advertising offices, consumer credit reporting, adjustment
and collection agencies; duplicating, addressing, blue-
printing; photocopy, mailing, mailing list and steno-
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graphic services; equipment rental services, commercial
testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishments rendering amusement and recreational services
including motion picture theaters.
1. Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
and public and private libraries.
4. All commercial and manufacturing establishments not included
in this order will institute such actions as will result in
maximum reduction of air pollutants from their operation by
ceasing, curtailing, or postponing operation which emit air
pollutants to the extent possible without causing injury to
persons or damage to equipment. These action include limiting
boiler lancing or soot blowing operations for fuel burning
equipment to between the hours of 12 noon and 4 p.m.
SECTION 5
(8.0) SPECIFIC EMERGENCY EPISODE ABATEMENT PLANS FOR POINT SOURCES
In addition to the general rules presented in Section 4 above, the
Department shall require that specific point sources adopt and
implement their own Emergency Episode Abatement Plans in accordance
with the criteria set forth in Section 2 above. An individual plan
be revised periodically by the Department after consultation between
the Department and the Point Source.
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C. AMBIENT AIR QUALITY STANDARDS
SECTION 1
(2.0) PURPOSE
It is the purpose of this regulation to establish air quality stand-
ards for the State of Idaho which define acceptable ambient concentra-
tions of air contaminants consistent with established air quality
criteria.
SECTION 2
(2.0) GENERAL
A. The air quality standards established herein shall apply to all of
the State outside a source property line.
B. Where applicable air quality measurements shall be corrected to
a reference temperature of 70° F. and to a reference pressure of
14.7 pounds per square inch absolute.
C. At such time as additional pertinent information becomes available
with respect to air quality criteria, such information shall be
considered and new or revised air quality standards promulgated
as required.
D. The absence of an air quality standard for a specific contaminant
shall not preclude action by the Department to control such con-
taminants to assure the health, welfare and comfort of people of
the State.
E. All measurement techniques for determining compliance with national
Ambient Air Quality Standards shall be approved by EPA.
SECTION 3
(4.1) PARTICULATE MATTER
A. Primary air quality standards are:
1. 75 micrograms per cubic meter—annual geometric mean.
2. 260 micrograms per cubic meter—maximum 24 hour concentration
not to be exceeded more than once per year.
B. Secondary air quality standards are:
1. 60 micrograms per cubic meter—annual geometric mean.
2. 150 micrograms per cubic meter—maximum 24 hour concentration
not be be exceeded more than once per year.
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SECTION 4
(4.2) SULFUR OXIDES (SULFUR DIOXIDE)
A. Primary air quality standards are:
1. 80 micrograms per cubic meter (0.03 ppm) - annual
arithmetic mean.
2. 365 micrograms per cubic meter (0.14 ppm) - maximum 24-hour
concentration not to be exceeded more than once per year.
B. Secondary air quality standards are:
1. 1,300 micrograms per cubic meter (0.50 ppm) - maximum 3-hour
concentration not to be exceeded more than once per year.
C. When more than one standard is applicable, the interpretation
that results in the most stringent standard shall apply.
SECTION 5
(4.6) PHOTOCHEMICAL OXIDANTS
A. Primary and secondary air quality standards are:
1. 160 micrograms per cubic meter (0.08 ppm) - maximum 1-hour
concentration not to be exceeded more than once per year.
SECTION 6
(4.4) HYDROCARBONS
A. Primary and secondary air quality standards, as measured and
corrected for methane, are:
1. 160 micrograms per cubic meter (0.24 ppm) - maximum 3-hour
concentration (between 6 a.m. and 9 a.m.) not to be exceeded
more than once per year.
B. The hydrocarbon air quality standard is for use as a guide in
determining hydrocarbon emission control required to achieve the
photochemical oxidant standards.
-26-
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TABLE VII-1
MAXIMUM ALLOWABLE SULFUR DIOXIDE
GROUND-LEVEL LIMITS*
Cone (c)
in
ppm (vol. )
Column 1
1.51
or over
1.5
1.4
1.3
1.2
1.1
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
Total Cumulative
Daily Exposure
Duration (t) in Hours
Between Sunrise
Between Sunrise and next
and Succeeding
Sunset Sunrise
Column 2 Column 3
0.05
0.62
0.67
0.73
0.80
0.89
1.00
1.14
1.33
1.60
2.00
2.67
4.00
8.00
0.10
1.24
1.34
1.46
1.60
1.78
2.00
2.28
2.66
3.20
4.00
5.34
8.00
16.00
Total Cumulative
Monthly Exposure
Duration (t) in Hours
During Hours Anytime
Between Sunrise During
and Sunset Month
Column 4 Column 5
1.00
4.40
5.10
5.90
6.90
8.30
10.00
12.40
15.60
20.40
27.80
40.00
62.50
111.00
2.00
8.80
10.20
11.80
13.80
16.60
20.00
24.80
31.20
40.80
55.60
80.00
125.00
222.00
Interpolation of Columns 2, 3, 4 and 5 shall be based on the formula:
0.8 1.6
1 " c-0.21 r - c-0.21 t = 10/c2, and t = 20/c2respectively
-27-
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SECTION 7
(4.3) NITROGEN DIOXIDE
A. Primary and secondary air quality standards are:
1. 100 micrograms per cubic meter (0.05ppm) - annual arithmetic
mean.
SECTION 8
(4.5) CARBON MONOXIDE
A. Primary and secondary air quality standards are:
1. 10 milligrams per cubic meter (9 ppm) - maximum 8-hour con-
centration not to be exceeded more than once per year.
2. 40 milligrams per cubic meter (35 ppm) - maximum 1-hour
concentration not to be exceeded more than once per year.
SECTION 9
(4.1) SETTLEABLE PARTICIPATE
A. Primary and secondary air quality standards are:
1. 0.8 milligrams per square centimeter per month not to be
exceeded more than 25% of the time.
SECTION 10
(4.7) SULFURIC ACID MIST
A. Primary and secondary air quality standards are:
1. 12 micrograms per cubic meter - maximum 24-hour concentration
not to be exceeded more than once per month.
2. 30 micrograms per cubic meter - maximum 1-hour concentration
not to be exceeded more than twice per week.
SECTION 11
(4.7) FLUORIDE^
A. Primary and secondary air quality standards are those concentra-
tions in the ambient air which result in a total fluoride content
in vegetation used for feed and forage of no more than:
1. 40 parts per million, dry basis - annual arithmetic mean.
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2. 60 parts per million, dry basis - monthly concentration for
two consecutive months.
3. 80 parts per million, dry basis - monthly concentration
never to be exceeded.
SECTION 12
(4.7) BERYLLIUM
A. Primary and secondary air quality standards are:
1. 0.01 micrograms per cubic meter - maximum 24-hour concentra-
tion not to be exceeded more than once per year.
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D. REGULATION FOR CONTROL OF OPEN BURNING
SECTION 1
(2.0) INTRODUCTION
A. Purpose
The purpose and intent of this regulation is to eliminate all
forms of open burning except those for which an alternate means
of producing a similar public benefit does not exist.
B. Non-exemption from other jurisdiction
The authority to continue certain forms of open burning under pro-
visions of this regulation does not exempt or excuse a person
from the consequent damage or injuries which may result from such
conduct, nor exempt a person from complying with applicable laws
and ordinances of other governmental jurisdiction not in conflict
with these regulations.
C. Local Control
This regulation is not intended to interfere with the rights of
city or county government to provide equal or more stringent
control of open burning within their respective jurisdictions.
SECTION 2 .
(2.0) GENERAL RESTRICTIONS
A. Notwithstanding the provisions of subsection B of this section,
no person shall allow, suffer, cause or permit the open burning
of materials which emit toxic contaminants or large volumes of
smoke, particulates or odors (such materials are garbage, rubber,
plastics, heavy petroleum products, dead animals, etc.).
B. No person shall allow, suffer, cause or permit any open burning
operation which does not fall into at least one of the categories
of Section 3.
C. Any open burning operation that would normally be allowed by
Section 3 of this regulation, but is determined to be a nuisance,
hazard, or source of air pollution, shall be prohibited.
SECTION 3
(51.13) CATEGORIES OF ALLOWABLE BURNING
A. Fires used for the preparation of food, campfires and fires for
recreational purposes, under control of a responsible person.
-30-
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B. Fires used for control or alleviation of fire hazard or for weed
control when no alternate control method exists. When such
burning requires a permit from an organized fire-fighting agency
having proper jurisdiction, issuance of such permit shall be
based on consideration of potential environmental damage and
suitability of alternate methods in addition to other factors.
C. Fires used in the training of organized fire-fighting personnel.
D. Properly operated industrial flares for combustion of flammable
gases.
E. Readily combustible rubbish produced by operation of a domestic
household may be burned on the property from which the rubbish
was generated if no public or commercial solid waste collection
service is available and the property is located in an area of
low population density, defined as having fewer than 100 dwelling
units per square mile. This shall include tree leaves and
gardening waste. Rubbish is defined in the Idaho Solid Waste
Control Regulations and Standards as "non-putrescible solid waste
except abandoned vehicles and car bodies or car body parts, in-
dustrial solid waste and agricultural solid waste."
F. Burning at community tree disposal areas and private disposal
sites shall be in compliance set forth in the Idaho Solid Waste
Control Regulations and Standards.
G. Open burning of junked motor vehicles will be permitted under the
following conditions until December 31, 1971:
1. The persons responsible for the burning of a salvage operation
shall contact a State Air Pollution Control Office of proper
jurisdiction to obtain a weather evaluation and permission
to burn on that day.
2. No burning will be allowed on Saturday or Sunday.
3. Burning hours will be 10:00 a.m. - 4:00 p.m. unless other-
wise stated.
4. Number of units to be burned at any one location at one burn
shall be limited to 100 unless otherwise stated.
5. Tires and floormats shall be removed prior to burning.
6. Every reasonable effort will be made on the part of the sal-
vage operation to prepare the units in such a manner that
rapid and efficient combustion will occur.
Any burning of motor vehicles after December 31, 1971, if deter-
mined by the Department to be necessary, shall be conducted at
one or several centralized locations. Such locations shall be
-31-
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approved by the Idaho Department of Environmental Protection and
Health.
H. The open burning of plant life grown on the premises in the
course of any agricultural, forestry, or land clearing operation
may be permitted when it can be shown that such burning is nec-
essary and that no fire or traffic hazard will occur. Convenience
of disposal is not of itself a valid necessity for burning.
1. It shall be the responsibility of any person conducting such
burning to make every responsible effort to burn only when
weather conditions are conducive to a good smoke dissipation
and only when an economical and reasonable alternate method
of disposal is not available.
2. When such alternate method is made available, it shall be
put into use within a reasonable time.
3. Any person conducting an agricultural, forestry, or land
clearing burning operation similar to an operation carried
out by a governmental agency shall follow the rules and
procedures of the agency with regard to minimizing air
pollution.
4. When such burning creates air pollution or a public nuisance,
additional restrictions may be imposed to minimize the
effect upon the environment.
I. Orchard heating is a recognized necessity for protection of crops
from frost damage and will be permitted under the following con-
ditions:
1. Open burning of tires and similar type rubber materials is
prohibited.
2. After June 1, 1974, the use of stackless open-pot type heaters
shall be prohibited.
3. After June 1, 1974, no orchard heating device with visible
emission exceeding No. 2 on the Ringelmann Smoke Chart at
normal operating conditions shall be used.
4. All heaters purchased after the effective date of these reg-
ulations shall emit no more than one (1.0) grams per minute
of solid carbonaceous matter at normal operating conditions
as certified by the manufacturer. At the time of purchase,
the seller shall certify in writing to the purchaser that all
new equipment is in compliance with these rules and regulations.
5. A listing of heaters known to meet these standards shall be
maintained by the Department and made available upon request.
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E. REGULATION FOR CONTROL OF SMOKE AND OTHER VISIBLE EMISSIONS.
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to control visible emission from
all sources. Such control will alleviate many significant nuisance
problems as well as help to achieve and maintain acceptable levels
of ambient air quality.
SECTION 2
(50.1.2) STANDARD FOR EXISTING SOURCES
No person shall allow the emission of any air contaminant for a
period or periods aggregating more than three (3) minutes in any
one hour which is:
A. Darker in shade than that designated No. 2 (40% density) on the
Ringelmann Chart as published by the United States Bureau of Mines;
OR
B. Of such opacity as to obscure an observer's view to the same
degree as an emission described in A above.
SECTION 3
(10.0) STANDARD FOR NEW SOURCES
No person shall allow the emission of any air contaminant for a
period or periods aggregating more than three (3) minutes in any one
hour which is:
A. Darker in shade than that designated No. 1 (20% density) on the
Ringelmann Chart as published by the United States Bureau of Mines;
OR
B. Of such opacity as to obscure an observer's view to the same
degree as an emission described in A above.
SECTION 4
(9-0) POINT OF MEASUREMENT
The density or opacity of an air contaminant shall be measured at
the point of its emission if observable, and if not shall be measured
at an observable point on the plume nearest the point of emission.
When water particulate contributes to the opacity of a visible emission,
the measurement, shall be made immediately beyond the point where the
water particulate dissipates and no longer contributes to the opacity.
-33-
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SECTION 5
(2.0) EXCEPTION
This. Visible Emission Regulation shall not apply when the presence
of water or condensing water "vapor is the only reason for the~fail-
ure of the emission to comply with the requirements of this chapter.
-34-
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F. REGULATION FOR CONTROL OF FUGITIVE DUST
SECTION 1
(2.0) Purpose
The purpose of this regulation is to require that all reasonable pre-
cautions be taken to prevent the generation of fugitive dust.
SECTION 2
(50.1) General Rules
All reasonable precautions shall be taken to prevent particulate mat-
ter from becoming airborne. In determining what is reasonable, con-
sideration will be given to factors such as the proximity of dust
emitting operations to human habitations and/or activities and at-
mospheric conditions which might affect the movement of particulate
matter. Some of the reasonable precautions may include, but are not
limited to, the following:
A. Use, where possible, of water or chemicals for control of dust
in the demolition of existing buildings and structures, construct-
ion operation, the grading of roads, or the clearing of land.
B. Application of asphalt, oil, water or suitable chemicals to, or
covering of dirt roads, material stockpiles, and other surfaces
which can create dusts.
C. Installation and use of hoods, fans and fabric filters or equiv-
alent systems to enclose and vent the handling of dusty materials.
Adequate containment methods should be employed during sandblast-
ing or other operations.
D. Covering, at all times when in motion, open bodied trucks trans-
porting materials likely to give rise to airborne dusts.
E. Conducting of agricultural practices such as tilling of land,
application of fertilizers, etc., in such a manner as to limit
dust from becoming airborne.
F. Paving of roadways and their maintenance in a clean condition.
G. Prompt removal of earth or other stored material from streets.
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G. REGULATION FOR CONTROL OF PARTICIPATE EMISSIONS FROM FUEL BURNING
EQUIPMENT.
SECTION 1
(2.0) Purpose
The purpose of this regulation is to establish limits of particulate
emission from fossil fuel burning equipment and from hogged fuel
boilers.
SECTION 2
(51.5) General Rules
A. No person shall allow, suffer, cause or permit emissions into the
outdoor atmosphere from any fuel burning equipment or to pass a
convenient measuring point near the stack outlet, particulate
matter in the flue gases to exceed the following standards:
1. For operations with total heat input less than ten million
BTU per hour - 0.6 pounds of particulates per million BTU
heat input.
2. For operations with total heat input greater than ten billion
BTU per hour - 0.12 pounds of particulates per million BTU
heat input.
3. For operations with total heat input greater than ten million
and ten billion BTU per hour the maximum allowable emission,
Y (pounds), shall be determined by the following equation:
Log Y = 0.2300 log X - 2.0111
where X is the total heat input in millions of BTU.
4. Figure VII-1 illustrates these emission standards.
B. Heat input shall be calculated as the aggregate heat content of
all fuels (using the upper limit of their range of heating value)
whose products of combustion pass through the stack or chimney.
1. When two or more fuel-burning units are connected to a single
stack, the combined heat input of all units connected to the
stack shall be used to determine the allowable emission from
the stack.
2. When a single fuel-burning unit is connected to two or more
stacks, the allowable emission from all the stacks combined
shall not exceed that allowable for the same unit connected
to a single stack.
-36-
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SECTION 3
(2.0) Exceptions
All fuel burning equipment rated less than one (1) million BTU
per hour heat input is exempt from this regulation.
-37-
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FIGURE VII-2
MAXIMUM ALLOWABLE PARTICULATE EMISSIONS
as a Function of Heat Input
oo
If)
3
Q.
C
(B
O)
LU CO
3 "§
=3 C
O O
I—I T—
a: ^
2 'i
Ul S_
_l
fl«J ^3
< *3
U
S 4-
i—i 03
X CL
S (/)
•o
c
3
O
O.
0.10
10
so too
50O 1.000
OJ2
S0OO O.OOO 30,000
TOTAL HEAT INPUT (millions of BTU's/hr)
-38-
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H. REGULATION FOR CONTROL OF PARTICULATE EMISSIONS FROM INDUSTRIAL
PROCESS
SECTION 1
(2.0) Purpose
The purpose of this regulation is to establish particulate emission
limits for any operation, process or activity not identified by name
and specifically regulated elsewhere in these rules and regulations,
and shall apply during normal operation.
SECTION 2
(50.1) EMISSION LIMITATIONS
No person shall cause, suffer, allow or permit the emission of par-
ticulate matter to the atmosphere from any process or process equip-
ment in excess of the amount shown in Table VII-2 for the process
weight rate allocated to such a process or process equipment. The
rate of emission shall be the total of all emission points from the
source.
-39-
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TABLE VI1-2
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE*
Process Weight
Rate
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000 1,
6,000,000 3,
Tons/Hr
8.00
9.00
10.00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
000.00
000.00
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
interpolation of the data in this table for process weight rates up to 60,000
Ib/hr shall be accomplished by use of the equation E = 4.10 p°-57, and inter-
polation and extrapolation of the data for process rates in excess of 60,000
Ib/hr shall be accomplished by use of the equation:
E = 55.0 pO-TI -40, where E = rate of emission in Ib/hr and
P = process weight rate in tons/hr.
-40-
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i. REGULATION FOR SULFUR CONTENT OF FUELS
SECTION i
(2.0) PURPOSE
The purpose of this regulation is to prevent excessive ground level
concentrations of sulfur dioxide from fuel burning sources in Idaho.
SECTION 2
(50.2) SULFUR CONTENT IN FUELS
Definitions as used in this regulation:
1. "ASTM" means American Society for Testing and Materials.
2. "Distillate Fuel Oil" means any oil meeting the specifications
of ASTM Grade 1 or Grade 2 fuel oils.
3. "Residual Fuel Oil" means any oil meeting the specifications
of ASTM Grade 4, Grade 5 and Grade 6 fuel oils.
SECTION 3
(50.2) RESIDUAL FUEL OILS
1. After January, 1973, no person shall sell, distribute, use or make
available for use, any residual fuel oil containing more than 2.5
percent sulfur by weight.
2. After January, 1974, no person shall sell, distribute, use
or make available for use, any residual fuel oil containing
more than 1.75 percent sulfur by weight.
SECTION 4
(50.2) DISTILLATE FUEL OIL
1. After January, 1973, no person shall sell, distribute, use,
or make available for use, any distillate fuel oil containing
more than the following percentages of sulfur:
a) ASTM Grade 1 fuel oil - 0.3 percent by weight
b) ASTM Grade 2 fuel oil - 0.5 percent by weight
-41-
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SECTION 5
(50.2) COAL
1. After January 1, 1973, no person shall sell, distribute, use, or
make available for use, any coal containing greater than 1.0
percent sulfur by weight.
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J. REGULATION FOR CONTROL OF FLUORIDE EMISSIONS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent the emission of fluorides
such that the accumulation of fluorine in feed and forage for live-
stock does not exceed the safe limits specified below.
SECTION 2
(50.7) GENERAL RULES
A. No person shall allow, suffer, cause or permit the discharge into
the atmosphere of fluorine, fluorides, or other fluorine compounds
in such quantities that, in combination with all other sources
of fluorinf, fluorides or other fluorine compounds, both of nat-
ural and man-made origins, the total fluoride content in feed and
forage exceeds the standards listed in SECTION 12 of the Ambient
Air Quality Standards Regulation.
B. Compliance with SUBSECTION A of this SECTION will be adjudged upon
the results of the continuing program of fluoride sampling of
potential grazing areas and alfalfa growing areas conducted by the
Department.
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K. REGULATION FOR CONTROL OF ODORS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to control odorous emissions from
all sources for which no other gaseous emission control regulations
apply.
SECTION 2
(50.6) GENERAL RULES
A. No person shall allow, suffer, cause or permit the emission of
odorous gases, liquids or solids into the atmosphere in such
quantities as to cause air pollution.
B. No person shall allow, suffer, cause or permit any plan engaged
in that processing of animal, mineral, or vegetable matter or
chemical processes utilizing animal, mineral or vegetable mat-
ter to be operated without employing reasonable measures for
the control of odorous emissions including wet scrubbers, in-
cinerators, chemicals or such other measures as may be approved
by the Department.
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L. REGULATION FOR CONTROL OF INCINERATORS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent excessive emissions
of particulate matter from incinerators.
SECTION 2
(51.9) GENERAL RULES
A. No person shall allow, suffer, cause or permit any incinerator
to discharge more than 0.2 pounds of particulates per 100 pounds
of refuse burned.
B. No person shall allow, suffer, cause, or permit any new domestic,
commerical, industrial, or municipal incinerator to be installed
or operated unless the installation and operation complies with
the provisions and requirements of the "Multiple-Chamber Incin-
erator Design Standards for Los Angeles County" or unless such
incinerator is found by the Department to be equally effective
for the purpose of air pollution control.
SECTION 3
(2.0) EXCEPTIONS
This regulation does not apply to wigwam burners.
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M. REGULATION FOR CONTROL OF MOTOR VEHICLE EMISSIONS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to prevent excessive emission from
motor vehicles.
SECTION 2
(12.0) GENERAL RULES
A. No person shall allow, suffer, cause, or permit the removal,
disconnection or disabling of a crankcase emission control system
or device, exhaust emission control system or device, fuel
evaporative emission control system or device, or any other
system or device which has been installed on a motor vehicle in
accordance with Federal Laws and regulations while such motor
vehicle is operating in the State.
B. No person shall discharge into the ambient air any visible emission
from any motor vehicle which is:
1. Darker in shade than smoke designated as No. 2 on the Ringel-
mann Smoke Chart, or
2. Of such opacity as to obscure an observer's view to a degree
greater than does smoke designated as No. 2 on the Ringelmann
Smoke Chart (when used as a measure of opacity), except that
this restriction shall not apply when condensing water vapor
is the only reason for non-compliance.
(NOTE: SECTION 49-835, IDAHO CODE, requires that "The engine
and power mechanism of every motor vehicle shall be so equipped
and adjusted as to prevent the escape of excessive fumes or
smoke.")
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N. REGULATION FOR CONTROL OF HOT-MIX ASPHALT PLANTS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to establish for hot-mix asphalt
plants restrictions on the emission of particulate matter.
SECTION 2
(51.8) GENERAL RULES
A. Permanent Locations
No person shall cause, allow or permit a hot-mix asphalt plant
which is intended to be located in one location or area for an
extended period of time to have particulate emissions which ex-
ceed the Table of Allowable Rate of Emissions Based on Process
Weight Rate.
B. Temporary Locations
1. No person shall cause, allow or permit any portable hot-mix
asphalt plant to be operated without a particulate collection
system which shall have a collection efficiency of at least
80 percent.
2. No person shall cause, allow or permit to operate
a. within one-half (1/2) mile of any structure used for
a residence, campground, or park,
b. within five (5) miles of a city limit boundries, or
within the boundaries of an incorporated city,
c. at any location which may cause or create a nuisance or
hazard,
a portable hot-mix asphalt plant so that particulate emissions
exceed the Table of Allowable Rate of Emissions Based on Pro-
cess Weight Rate.
C. Multiple Stacks
In the case of more than one stack to a hot-mix asphalt plant,
the emission limitation will be based on the total emission from
all stacks.
D. Fugitive Dust Control
No person shall cause, allow or permit a plant to operate that
is not equipped with an efficient fugitive dust control system.
-47-
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The system shall be operated and maintained in such a manner as
to satisfactorily control the emission of participate material
from any point other than the stack outlet.
The owner or operator of the plant shall maintain fugitive dust
control of the plant premises and plant owned, leased or con-
trolled access roads by paving, oil treatment or other suitable
measures. Good operating practices, including water spraying
or other suitable measures, shall be employed to prevent dust
generation and atmospheric entrainment during operations such
as stockpiling, screen changing and general maintenance.
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0. REGULATION FOR CONTROL OF KRAFT PULPING MILLS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to establish for kraft pulping mills
restrictions additional to the general regulations presented in this
Chapter; to formulate a schedule for compliance with the restrictions;
and to formalize the policy of the Department concerning emissions
control from kraft pulping mills.
SECTION 2
(2.0) STATEMENT OF POLICY
It is hereby declared to be the policy of the Department to:
A. Require, in accordance with a specific program and timetable, the
highest and best practicable treatment and control of emissions
through the utilization of technically feasible equipment, de-
vices and procedures;
B. Require effective monitoring and reporting of emissions and re-
porting of other data pertinent to air quality or emissions.
The Department will use these data in conjunction with other data
on ambient air and local conditions to develop and revise
emission standards and air quality standards as necessary, and
to determine compliance therewith.
C. Encourage and assist the kraft pulping industry to conduct
research and technological development designed to progressively
reduce emissions in accordance with specific programs, objectives
and time schedules.
D. Establish standards deemed to be technically feasible and reason-
ably attainable, with the intent of revising the standards as
necessary when new information and technology are developed.
E. Establish more restrictive standards for new mills or for mills
expanding existing facilities.
SECTION 3
(51-14) GENERAL RULES
A. All emission standards in this section are based on average daily
emissions. These limitations do not preclude a requirement to
install the highest and best practicable treatment and control
available.
B. The emission of TRS from all recovery furnace stacks shall not
exceed two pounds of sulfur per ton of equivalent air-dried kraft
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pulp or, from each recovery furnace stack, seventy ppm expressed
as hydrogen sulfide on a dry basis, whichever is the more re-
strictive. Compliance shall be achieved by December, 1972.
C. The emission of TRS from all recovery furnace stacks shall be
further reduced so as not to exceed one-half pound of sulfur per
equivalent ton of air-dried kraft pulp, or from each recovery
furnace stack seventeen and one-half ppm, expressed as hydrogen
sulfide on a dry gas basis, whichever is the more restrictive,
or such other limit of TRS that proves to be reasonably attainable
utilizing the latest in design of recovery furnace equipment,
controls, and procedures. Compliance shall be achieved by not
later than July, 1975.
D. Non-condensibles from digesters and multiple-effect evaporators
shall be treated to reduce the emission of TRS equal to the
reduction achieved by thermal oxidation in a lime kiln. Com-
pliance with this requirement shall be achieved by not later than
July, 1972.
E. The emission of particulate matter from all recovery furnace
stacks shall not exceed four pounds per ton of equivalent
air-dried kraft pulp. Compliance with this requirement shall
be achieved by not later than July, 1975.
F. The emission of particulate matter from all lime kilns shall not
exceed one pound per ton of equivalent air-dried kraft pulp.'
Compliance with this requirement shall be achieved by not later
than July, 1975.
6. The emission of particulate matter material from all smelt tanks
shall not exceed one-half pound per ton of equivalent air-dried
kraft pulp. Compliance with this requirement shall be achieved
by not later than July, 1972.
SECTION 4
(9.0) MONITORING AND REPORTING
(13.0)
A. Every kraft mill in the State shall install equipment for the con-
tinuous monitoring of TRS.
1. The monitoring equipment shall be capable of determining com-
pliance with these standards and shall be capable of con-
tinuous sampling and recording of the concentrations of TRS
contaminants during a time interval not greater than thirty
minutes.
2. The sources monitored shall include, but are not limited to,
the recovery furnace stacks and the lime kiln stacks.
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B. Each mill shall sample the recovery furnace, lime kiln, and
smelt tank for participate emissions on a regularly scheduled
basis in accordance with its sampling program as approved' by the
Department.
C. Each mill shall submit within sixty days after effective date
of this regulation a detailed monitoring program and time
schedule for approval by the Department. The equipment shall
be ordered within thirty days after the monitoring program
has been approved in writing by the Department. The equipment
shall be placed in effective operation in accordance with the
approved program within ninety days after delivery.
D. Unless otherwise authorized by the Department, data shall be re-
ported by each mill at the end of each calendar month, as follows:
1. Daily average emission of TRS gases expressed in parts per
million on a dry gas basis for each source included in the
approved monitoring program.
2. The number of hours each day that the emission of TRS gases
from each recovery furnace stack exceeds emission standards
and the maximum concentration of TRS measured each day.
3. Emission of TRS gases in pounds of sulfur per equivalent air-
dried ton of pulp processed in the kraft cycle on a monthly
basis for each source included in the approved monitoring
program.
4. Emission of particulars in pounds per equivalent air-dried
ton of pulp produced in the kraft cycle based upon sampling
conducted in accordance with the approved monitoring program.
5. Average daily equivalent kraft pulp production in air-dried
tons.
6. Other emission data as specified in the approved monitoring
program.
E. Each kraft mill shall furnish, upon request of the Department,
such other pertinent data as the Department may require to evaluate
the mill's emission control program. Each mill shall immediately
report abnormal mill operations which result in increased emissions
of air contaminants, following procedures set forth in the
approved monitoring program.
SECTION 5
(2.0) SPECIAL STUDIES
A. Special studies, having prior approval of the Department, shall
be conducted, and the results thereof submitted to the Department
by December, 1972. The studies shall cover the following areas:
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1. Evaluation of the emissions of TRS from all other sources
within the mill. Other sources means sources of odorous
sulfur emissions including, but not limited to, vents
from lime kilns, knotters, brown stock pulp washers, multiple-
effect evaporators, digesters, blow tanks, smelt tanks,
blow heat accumulators, black liquor storage, black liquor
oxidations systems, tall oil recovery operations, and any
operation connected with the handling of condensate liquids
within the mill or any vent which may be a significant
contributor of odorous gases.
2. Evaluation of the emissions of sulfur dioxide from all
sources within the mill, including but not necessarily
limited to, the recovery furnace, lime kiln, and power
boilers.
3. Evaluation of water vapor emissions from all sources within
the mi 11.
B. The Department may require each such additional special studies
relevant to air pollution and establish completion dates as
necessary.
SECTION 6
(2.0). EXCEPTIONS
The emission limits established under SECTION 3 apply to the
specific process as described in the SUBSECTIONS of SECTION
3. These emission limits do not apply to open burning, power
boilers, or other operations conducted at the site of or
ancillary to the kraft pulp mill operation. Such ancillary
operations must meet standards established in the other
Rules and Regulations.
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P. REGULATION FOR CONTROL OF WIGWAM BURNERS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to reduce, through established de-
sign and operation criteria, the emissions of smoke and particulates
from wigwam burners utilized for disposal of wood, bark, or other
plant fiber.
SECTION 2
(51.20) GENERAL RESTRICTIONS
No person shall allow, suffer, cause or permit the discharge of air
contaminants into the outdoor atmosphere from any wigwam burner for
a period or periods aggregating more than three (3) minutes in any
one (1) hour which is:
A. Darker in shade than smoke designated at #1 on the Ringelmann
Smoke Chart, or
B. Of such opacity as to obscure an observer's view to a degree
greater than do emissions designated as #1 on the Ringelmann
Smoke Chart (when used as a measure of opacity).
SECTION 3
(2.0) DESIGN CRITERIA
After July 1, 1972, no person shall allow, suffer, cause or permit
any wigwam burner to be operated without:
A. Keeping a continuous recording of the stack exit gas temperatures.
Such recordings shall include the operator's name and an explana-
tion for all temperatures below smokeless operation (generally
found to be 700-900°F). Such records along with a clean out and
maintenance schedule, shall be submitted to the Department of
Environmental Protection and Health at such occasions and
frequencies as requested from time to time on an individual
or class basis.
B. Proper construction - including:
1. A reasonably airtight shell, including conveyor door opening.
2. A forced under fire system to supply sufficient combustion
air to all portions of the fuel pile, with individual air
outlets designed to provide maximum diffusion and to
minimize plugging ash or clinkers.
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3. A forced over fire system of such design to encourage
air and minimize particulate fallout.
4. A top damper capable of 100% closure.
In excessive problem areas additional measures may be required, in-
cluding, but not limited to, auxiliary fuel, surge bins and automated
controls in order to aid in improving operations where necessary as
determined by repeated violations.
SECTION 4
(2.0) EXCEPTIONS
A. Small burners less that 25' in total height need not measure stack
temperature if they can continuously demonstrate compliance with
Section 2 of this Regulation.
B. All burners able to demonstrate ability to maintain and operate
within the visible limits described under Section 2 and have no
apparent fallout problem need not comply with Section 3B.
C. Within one (1) hour of the start of a new fire or during upset
conditions as described in Regulation A, Section 5, Compliance
with Section 2 of this regulation need not be met.
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Q. REGULATION FOR CONTROL OF RENDERING PLANTS
SECTION 1
(2.0) PURPOSE
The purpose of this regulation is to establish for rendering plants
limitations on the emission of odors.
SECTION 2 .
(51.21) GENERAL RESTRICTIONS
A. No person shall allow, suffer, cause, or permit the operation or
use of any device, machine, equipment, or other contrivance to
cook inedible animal or marine matter unless all gases, vapors,
and gas entrained effluents from these processes are passed
through condensers to remove all steam and other condensible
materials. All non-condensables passing through the condensers
must then be incinerated at 1200°:F for a minimum of 0.3 seconds.
B. No person shall allow, suffer, cause, or permit the installation
or operation of an expellor unless it is properly hooded and all
exhaust gases are ducted to odor control equipment.
C. No person shall allow, suffer, cause, or permit the installation
or operation of a rendering plant unless plant ventilation air
is collected and ducted to odor control equipment.
SECTION 3
(2.0) EXCEPTIONS
A. SUBSECTION C of SECTION 2 shall not apply when it can be demon-
strated that without ducting plant ventilation air to the odor
control equipment no noticeable odors from the plant can be
detected at the property line.
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S. REGULATION FOR CONTROL OF SULFUR OXIDE EMISSIONS FROM COMBINED
ZINC/LEAD SMELTER OPERATIONS
SECTION 1
(2.0) PURPOSE
The purpose of this Regulation is to establish a program whereby
operators of zinc/lead smelters will take steps to immediately
improve air quality in the area surrounding such smelters and at-
tain compliance by July 31, 1977 with all Primary Sulfur Dioxide
Ambient Air Quality Standards, and by July 31, 1978 for the Three-
Hour Secondary Ambient Air Quality Standard.
SECTION 2
(51.11) Control of Fugitive Sulfur Dioxide Emissions
(1) The owner(s) or operator(s) of combined zinc/lead smelters
located in the Eastern Washington - Northern Idaho Inter-
state Air Quality Control Region shall utilize best engi-
neering techniques to capture and vent fugitive S02 emissions
through stack or stacks. Such techniques shall include but
not be limited to:
(i) Maintaining and operating all ducts, flues, and stacks
in a leak-free condition.
(ii) Maintaining and operating all process equipment and gas
collection systems in such a fashion that leakaqe of SO?
gases will be prevented to the maximum extent possible.
(iii) Wherever possible, using gas collection systems and/or
ducting emissions through the tallest stack or stacks
serving the facility.
(2) (i) Compliance with Paragraph 0)(i) and (ii) of this Section
shall be achieved as expeditiously as practicable but not
later than 6 months following date of adoption of this
Regulation.
(ii) The owner(s) or operator(s) of combined zinc/lead smelters
shall submit to the Director, no later than thirty (30)
days following the date of final adoption by the Board of
Health and Welfare, a proposed compliance schedule for
compliance with Section 11(1)(iii). No such compliance
schedule may provide for final compliance after July 31, 1977,
If approved by the Director, such schedule shall satisfy
the requirements of this Paragraph.
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SECTION 3
(51.11) Permanent Control of Sulfur Dioxide Emissions
(1) The owner(s) or operator(s) of combined zinc/lead smelters
in the Eastern Washington - Northern Idaho Interstate Air
Quality Control Region shall comply with all the requirements
of this Section, except as provided in Section IV of this
Regulation.
(2) The owner(s) or operator(s) of the combined zinc/lead smelters
shall not discharge or cause the discharge of S02 into the at-
. mosphere in excess of 1900 pounds per hour - maximum 1 hour
average. Such limitation shall apply to the sum total of S02
emissions from the combined zinc/lead smelter premises, but
not including uncaptured fugitive emissions and those emissions
due solely to use of fuel for space heating or steam generation.
Compliance with this Paragraph shall be achieved as expeditiously
as practicable but not later than July 31, 1977.
(3) The owner(s) or operator(s) of the combined zinc/lead smelter
shall provide interim measures of control, including but not
limited to, use of existing S02 control system and the applic-
ation of supplemental control systems, together with an adequate
ambient air and meteorological monitoring network.
(4) (i) The owner(s) or operator(s) of the .combined zinc/lead smelter
shall comply with the compliance schedule specified below:
(a) Effective immediately, apply supplemental control systems
and other appropriate interim measures to reduce, to
the greatest extent practicable, ground level ambient
S02 concentrations.
(b) Effective immediately, limit the discharge of S02 into
the atmosphere by utilizing to the maximum extent
practicable all existing sulfuric acid plant controls
for both the lead and zinc plants.
(c) Thirty (30) days after adoption of this Regulation,
submit a final plan to the Director for meeting the
requirements of Paragraph (2) of this Section. Such
plan shall be subject to approval by the Director.
(d) July 31, 1975 - Limit S02 discharge to a maximum of
1200 tons per any consecutive 7 day period (midnight
to midnight). Such limitation shall apply to the sum
total of S02 emissions from the combined zinc/lead
smelter premises, but not including uncaptured fugitive
emissions and those emissions due solely to use of
fuel for space heating or steam generation, as
measured by the methods specified in Paragraph (6)
of this Section. The procedure used to determine the
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total emissions for'a 7 day period shall be as
defined in 'Section IV (6)(1).
(e) Let contracts or issue purchase orders for emission
control systems and/or process modifications by
July 1, 1975.
(f) Initiate on-site construction and/or installation of
emission control equipment or process change by
September 1, 1976.
(g) Complete on-site construction and/or installation
of emission control systems or process change by
July 1, 1977.
(h) July 31, 1977 - Achieve final compliance with the
requirements of paragraph (2) of this Section.
(ii) The owner(s) or operator(s) of the combined zinc/lead smel-
ter shall certify to the Director within fifteen (15)
days after the deadline for each increment of progress,
whether or not the required increment of progress has been
met.
(iii) If a performance test is necessary to determine whether
compliance has been achieved, such a test must be completed
by the final compliance dates listed in 111(4)(i). Notice
must be given to the Director at least ten days prior to
such a test to afford him the opportunity to have an
observer present.
(iv) If the owner(s) or operator(s) of the combined zinc/lead
smelter are presently in compliance with the requirements
of Paragraph (2) of this Section or achieve compliance
prior to July 31, 1977, such compliance shall be
to the Director within thirty (30) days following the date
of adoption of these requirements as a final Regulation
by the Board of Health and Welfare or within thirty (30)
days of achieving compliance. If such certification is
acceptable to the Director, the applicable requirements of
this Paragraph shall not apply to the certified sources.
The Director may request whatever supporting information
he considers necessary to determine the validity of the
certification.
(v) The owner(s) or operator(s) of the combined zinc/lead
smelter may submit to the Director, no later than thirty
(30) days following the date of adoption of these require-
ments as a final Regulation by the Board of Health and
Welfare, a proposed alternate compliance schedule. No
such compliance schedule may provide for final compliance
after July 31, 19//. if approved by the Director, such
schedule shall satisfy the compliance schedule requirements
of this Paragraph.
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(5) The owner(s) or operator(s) of the combined zinc/lead smelter
shall install, calibrate, maintain and operate measurement
system(s) for continuously monitoring and recording S02 emission
rates in each stack capable of emitting greater than 50 tons
S02/ year.
(i) These measurement system(s) shall be demonstrated in
accordance with the specification test procedures prescribed
by the Director.
(ii) These measurement system(s) installed and used pursuant to
this Paragraph shall be maintained, operated and calibrated
in accordance with the methods prescribed by the manufacturers.
Records of maintenance and/or calibration shall be kept
and submitted to the Director upon request. These records
shall clearly show instrument readings before and after
such calibration and/or maintenance.
(iii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall maintain a record of all measurements re-
quired by this Paragraph. For each day, beginning at
midnight, one hour average SC>2 emission rates shall be
calculated per the method specified in Paragraph (6) of
this Section. The reuslts of these calculations for each
month shall be submitted to the Director within 15 days
following the end of each month. The records of such
measurements shall be retained for a minimum of two years
following the date of such measurements.
(iv) The continous monitoring and record keeping requirements
of this Paragraph shall becom applicable nine months
following the date of adoption of these requirements as
a final Regulation by the Board of Health and Welfare.
(6) Compliance with the requirements set forth in Paragraph (2)
of this Section shall be determined using the continuous
measurement system (s) installed, calibrated, maintained
and operated in accordance with the requirements of Paragraph
(5) of this Section.
(i) For each stack equipped with the measurement systems re-
quired by Paragraph (5) of this Section, one-hour average
S02 emission rates shall be calculated as follows:
(a) Determine S02 concentration and stack gas flow rate
measurements for each one-hour period. These measure-
ments may be obtained either by continuous integration
of S02 concentrations and stack gas flow rate measure-
ments recorded during the one-hour period or from
the arithmetic averaged .of any reasonable number of
of S02 concentrations and stack gas flow rate measure-
ments. These measurements shall be taken for each
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(11)
one-hour period and shall be similarly spaced within
each one-hour period.
(b) For the one-hour period, calculate the arithmetic
average S02 emission rate (expressed in Ibs. S02/hour
for each stack). Total the average S0Ł emission
rates for all stacks.
A violation of the requirements of Paragraph III (2) shall
occur whenever the total SOg emission rate for a one-hour
period calculated per Paragraph (6)(i)(b) of this Section
exceeds the S02 emission rate specified in Paragraph (2)
of this Section.
SECTION 4
(51.11) Alternate Control of Sulfur Dioxide Emission
(1) The owner(s) or operator(s) of any combined zinc/lead smelters
located in the Eastern Washington - Northern Idaho Intrastate
Air Quality Control Region may apply to the Director for
approval to meet the requirements of this Section. Upon such
approval, granted pursuant to Paragraph (3) of this Section,
the requirements of Section III shall not be applicable and
all requirements of this Section shall apply during the period
of such approval.
(2) All terms used in this Section but not specifically defined
below shall have the meaning given them in Regulation A.
(i) The term "supplementary control system" (hereinafter
referred to as SCS) means any system which limits the
amount of pollutant emissions during periods when meteor-
ological conditions conducive to ground-level concentrations
in excess of national ambient air quality standards for S02
exist or are anticipated.
(ii) The term "isolated source" means a source that can and will
assume legal responsibility for all violations of any
applicable standards in its designated liability area,
as specified in Paragraph (10) of this Section.
(3) (i) The application for permission to comply with this Section
shall be submitted to the Director no later than 15 days
following the date of adoption of these requirements as
a final Regulation by the Board of Health and Welfare and
shall include the following:
(a) A short description of the type and location of the
combined zinc/lead smelter complex; the processes,
equipment, raw materials and fuel used; the stacks
employed; and emissions to the atmosphere from
various points on the combined zinc/lead smelter premises.
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(b) A general description of the topography and the
location of the combined zinc/lead smelter and of any
other SOo sources within the vicinity of the combined
zinc/Teaa smelter as well as a program of study
which will determine what effect these sources may
have on ambient air quality.
(c) A summary of any ambient air quality data collected
in the vicinity of the combined zinc/lead smelter
that the owner or operator may have.
(d) A description of the methods of constant emission
reduction that are or will be applied and the degree
of emission reduction and the dates for such reduc-
tion which are achieved or expected to be achieved
due to their application.
(e) A description of the investigations that the owner or
operator has made, and the result thereof, as to
the availability of constant emission reduction
methods and a discussion of the reasons why any
potential available methods cannot reasonably be
used.
(f) A specific description of the research, investigations,
or demonstrations that the owner or operator will
conduct or support for the purpose of developing con-
stant emission reduction technology applicable to the
combined zinc/lead smelter. Such description shall
include the resources to be committed and qualifi-
cations of the participants and a description of
the facilities to be utilized.
(g) A description of the other measures the owner or oper-
ator will apply, in addition to those described
in IV(3)(i)(d), to provide for attainment and main-
tenance of national ambient air quality standards.
In addition to supplementary control systems, such
measures may include but not be limited to tall stacks;
permanent production curtailment; and/or process
changes.
(h) A demonstration that the combined zinc/lead smelter
complex qualifies as an isolated source.
(i) A demonstration to the satisfaction of the Director
that the Company will accept responsibility for any
violation of the 24-hour ambient air quality stand-
ard for S02 that occurs after July 31, 1977, the
primary annual ambient air quality standard for SOo
after July 31, 1977, as well as the three-hour
ambient, air quality standard for SC^ after July 31, 1978
in the designated liability area.
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The owner(s) or operator(s) of the combined zinc/lead
smelter shall also demonstrate to the satisfaction of
the Director that the Company will accept responsibility
for violating ambient air concentrations exceeding
those designated in Figure I for the time period
beginning July 31, 1975 through July 31, 1977. The
"Annual Production Rate" in Figure I is defined as
the total production of soft lead in the preceding 12
month period. Should the blast furnace and sinter
machine be shut down simultaneously for N number of
days (Where N equals five or more consecutive days),
then the "Annual Production Rate" shall be defined
as:
(Total production of soft lead in preceding 12 month
period) x 356
365-N
The "Annual Average Sinter Production Rate" in Figure
I is defined as the total production of sinter in the
preceding 12 month period, divided by the total oper-
ating time of the sinter machine during that same 12
month period. At the end of each month, a new "Annual
Production Rate" and an "Annual Average Sinter Production
Rate" shall be calculated by the owner(s) or operator(s)
of the combined zinc/lead smelter. These calculations
shall be included in the monthly report that is sub-
mitted to the Director pursuant to Section IV(12)(i)(c).
The new production rate figures shall be used to det-
ermine what ambient air concentration limit must be
met during the following month. The new limits shall
go into effect on the 15th of each month and continue
through the 14th of the following month. This monthly
review of the production rates shall constitute a
change to the operating manual if a different level
of ambient air concentration is specified by Figure I.
(j) The owner(s) or operator(s) of the combined zinc/lead
smelter shall indicate that they will:
(i) Immediately begin to test a supplementary control
system to determine the effectiveness of the
system to meet the 24-hour standards defined in
IV
(ii) Immediately prepare to conduct a test program
beginning no later than January 21, 1975 and
ending no earlier than May 21, 1975.
(iii) Submit, as a minimum, a report summarizing re-
sults obtained from the testing program during
the period of January 21, 1975 to May 21, 1975.
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Such report shall be submitted to the Dir-
ector no later than June 1, 1975.
(iv) Such report shall evaluate the reliability of
the plan submitted pursuant to Paragraph (9)
of this Section and designate the appropriate
changes to this plan to ensure achievement of
ambient air quality standards as specified in
subparagraph (3)(i)(i), above.
(k) Such other pertinent information as the Director
may require.
(3) (ii) Upon receipt of the information specified in Section IV
(3)(i), and a determination of its adequacy, the Director
may after 30 days notice, conduct a Public Hearing on the
application submitted by the owner(s) or operators(s).
The Director shall make available to the public, the inform-
ation contained in the application and his preliminary
evaluation and findings thereon. Within 30 days after
receipt of the information or after a hearing, the Director
will notify the owner(s) or operator(s) of the zinc/lead
smelter and other interested parties of his decision as to
whether to grant or deny the application. If denied, he
will set forth his reasons and shall specify that Section
III is applicable. If the application is approved, the
owner or operator shall comply with all the provisions.
of this Section of this Regulation and need not comply
with the provisions of Section III of this Regulation
except as specified in Section IV, Paragraph 15 of this
Regulation.
(8) The owner(s) or operator(s) of the combined zinc/lead smelter,
in meeting the requirements of Paragraph (4) of this Section,
shall employ SCS and such other additional control measures as
may be necessary to assure the attainment and maintenance of
ambient air quality standards for S02 by the dates set forth
in Paragraph (3)(i)(i) of this Section.
(i) In addition to SCS, such measures may include, but not
limited to, the following techniques: process changes;
tall stacks; production reduction; or any other tech-
niques approved by the Director.
(ii) S0Ł emission shall be curtailed in accordance with the
operating manual whenever the potential for violating
any ambient air quality standard for S02 (as specified
in Paragraph (3)(i)(i) of this Section) is indicated at
any point in a designated liability area by air quality
measurements and/or air quality predictions.
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(9) The owner(s) or operator(s) of the combined zinc/lead smelter
shall submit to the Director, no later than January 21, 1975,
a plan for implementing SCS. Such plan shall be subject to
the Director's approval and, as a minimum shall:
(i) Describe and substantiate the emission monitoring system
and the air quality monitoring network that will be used
in the SCS.
(ii) Describe and substantiate the meteorological sensing net-
work and the meteorological prediction program that will
be used in the SCS.
(iii) Identify the frequency, characteristics, times of occurrence
and durations of meteorological conditions associated with
high ground-level ambient concentrations.
(iv) Describe the methodology (e.g., dispersion modeling and
measured air quality data) by which the source determines
the degree of control needed under each meteorological
situation.
(v) Describe the methods chosen to vary the emission rate, the
basis for the choice, and the time required to effect a
sufficient reduction in the emission rate to avoid violations
of ambient air quality standards as specified in Paragraph
(3)(i)(i) of this Section.
(vi) Contain an estimate of the frequency that emission rate
reduction is required to prevent ambient air quality stand-
ards (as defined in Paragraph (3)(i)(i) of this Section)
from being exceeded and the basis for the above estimate.
(vii) Include data and available results from objective reliability
tests. "Reliability" as the term is applied here, refers
to the ability of the supplementary control system to pro-
tect against violations of the ambient air quality standards
specified in Paragraph (3)(i)(i) of this Section.
(viii) Describe a program whereby the owner(s) or operator(s) system-
atically evaluates and improves the reliability of the
supplementary control system.
(ix) Identify a responsible and knowledgeable person (and alter-
natives) on site who is authorized to curtail emission and
a person who can apprise the Director as to the status of
the supplementary control system at any time.
(x) Declare that the owner(s) or operator(s) assumes responsibility
by the dates specified in Paragraph (3)(i)(i) of this
Section for all ground-level ambient sulfur dioxide concen-
trations which exceed the ambient air quality standards
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specified in Paragraph (3)(i)(i) of this Section in
the designated liability area defined in Paragraph (10)
of this Section.
(xi) Include an affidavit signed by a responsible company
official stating that the owner(s) or operator(s) of the
combined zinc/lead smelter will accept responsiblity for
any violation of the SO? ambient air quality standards as
specified in Paragraph (3)(i)(i) of this Section in the
designated liability area.
(10) (i) For the purpose of this Section, the designated liability
area shall be a circle with a radius of 10 statute miles
(16 kilometers) with the center point of such circle
coinciding with the main stack serving the zinc plant.
The owner(s) or operator(s) of the combined zinc/lead
smelter may submit a detailed report which justifies re-
defining the designated liability with the application
submitted pursuant to Paragraph (3) of this Section and
describe and delineate the recommended designated liability
area and discuss in detail the method used and the factors
taken into account in the development of such area. Upon
receipt and evaluation of such report, the Director shall
issue his final determination on the extent of the de-
signated liability area.
(ii) If new information becomes available which demonstrates
that the designated liability area should be redefined,
the Director shall consider such information and if appro-
priate, redefine the designated liability area.
(11) The owner(s) or operator(s) of the combined zinc/lead smelter
shall submit to the Director an operational manual for SCS.
Such manual shall be submitted no later than June 1, 1975 and
is subject to the approval of the Director. ''Such a manual shall:"
(i) Specify the number, type, and location of ambient air quality
monitors, in-stack monitors and meteorological instruments
to be used.
(ii) Describe techniques, methods, and criteria used to anticipate
the onset of meteorological situations associated with ground-
level concentrations in excess of national ambient air
quality standards defined in Figure I, and to systematically
evaluate and, as needed, improve the reliability of the
supplementary control systeni.
(iii) Describe the criteria and procedures that will be used to
determine the degree of control needed for each class of
meteorological and air quality situation.
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(iv) Identify the frequency, characteristics, times of occurrence
and duration of meteorlogical conditions associated with
probable high ground-level ambient concentrations. Describe
the methodology by which the source determines the degree
of control needed under each meteorological situation,
specifically the maximum emission rates which may prevail
under each of these meteorological and air quality situations
in order to prevent a violation of an ambient air quality
standard, as defined by Paragraph (3)(i)(i) of this Section,
in the designated liability area. Such emission rates shall
be determined by in-stack monitors and shall be the basis
for determining whether provisions of the approved operational
manual are adhered to.
(v) Describe specific actions that will be taken to adjust
emission rates to those levels specified per the requirements
of Section 4 (ll)(iv).
(vi) Identify the company personnel responsible for initiating
and supervising the actions that will be taken to curtail
emissions. Such personnel must be responsible, knowledgeable
and able to apprise the Director as to the status of the
supplementary control system at any time the source is
operating.
(vii) Be modified, subject to approval by the Director, upon re-
quest of the owner or operator of the smelter or, after
appropriate negotiation, by the Director.
(12) (i) The owner(s) or operator(s) of the combined zinc/lead smelter
shall:
(a) Maintain, in a useable manner, records of all measure-
ments and reports prepared as part of the approved
supplemental control system. Such reports shall be re-
tained for at least two years.
(b) Submit to the Director, on a monthly basis, all hourly
measurements made of air quality and all other requested
measurements that are a part of the approved supplement-
ary control system. These reporting requirements are
in addition to those specified in Paragraph (7) of
this Section.
(c) Submit to the Director a monthly summary report des-
cribing and analyzing how the SCS operated as related
to the SCS approved by the Director. Such report
shall describe how the system will be improved, if
necessary, to prevent violations of the ambient air
quality standards as defined by Paragraph (3)(i)(i)
of this Section for S02 or to prevent any other con-
ditions which are not in accordance with the SCS
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approved by the Director. Such report shall include
a monthly summary indicating all dates and times when
an ambient air quality standard for S02 was exceeded
(as defined by Paragraph (3)(i)(i) of this Section)
and the concentration of S02 at such times when SCS
was not operated in accordance with the operating
manual.
(ii) The requirements of this Paragraph shall become applicable
nine months after the date of adoption of these requirements
as a final Regulation by the Board of Health and Welfare.
(13) (i) The owner(s) or operator(s) of the combined zinc/lead smel-
ter shall document and submit to the Director no later
than 180 days following the date of adoption of these re-
quirements as a final Regulation by the Board of Health
and Welfare, a detailed description of the company's re-
search and demonstration program or its participation in
such program, to develop and apply appropriate permanent
emission reduction technology capable of limiting S02
emission rates to 1900 Ibs/hour. Such description must
include schedules and resources to be committed, and the
earliest anticipated dates when adequate emission reduction
technology can be applied to the source.
(ii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall submit annual reports on the progress of
the research and development program required by this
Paragraph. Each report shall include, but not be limited
to, a description of the projects underway, information
on the qualification of the personnel involved, information
on the funds and manpower that have been committed, and
an estimated date for the installation of the constant
emission reduction technology necessary to attain and
maintain the primary and secondary national ambient air
quality standards.
(14) (i) The Director shall annually review the SCS and shall deny
continued use of Section 4 of this Regulation if he
determines that:
(a) The owner(s) or operator(s) of the combined zinc/lead
smelter fail to: Utilize an adequate number of
. trained competent personnel as specified in the oper-
ating manual; or maintain, operate, and calibrate the
monitoring equipment properly; or refine and con-
tinuously validate and upgrade the response of the
SCS to adverse dispersion conditions as may be nec-
essary to prevent violations of ambient air quality
standards as defined by Paragraph (3)(i)(i) of this
Section; or reduce the emission rate in accordance
with stipulated control criteria in the approved
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operational manual in order to prevent violations
of the ambient air quality standards for $02; or
submit all information required by this Section.
(b) The Director determines that the review indicates
that permanent emission control technology has be-
come available, that continued relative isolation of
the facility has changed, or that other factors
which may bear on the conditions for use of an SCS
have changed to the extent that continued use of the
SCS would no longer be deemed approvable within the
intent of Paragraph (3) of this Section; or
(c) The owner(s) or operator(s) of the combined zinc/
lead smelter have not demonstrated good faith efforts
to follow the stated program for developing constant
emission reduction procedures; or
(d) The owner(s) or operator(s) of the combined zinc/
lead smelter have not adhered to the requirements
of any applicable compliance schedule developed
pursuant to this Regulation; or
(e) The owner(s) or operator(s) of the combined zinc/
lead smelter have not developed and employed a con-
trol program that is effective in preventing violations
of the ambient air quality standards as defined by
Paragraph (3)(i)(i) of this Section.
(ii) Prior to denying the continued use of a SCS pursuant to sub-
paragraph (i) of this Paragraph, the Director shall notify
the owner(s) or operator(s) of the combined zinc/lead smel-
ter of his -intent to deny continued use, together with:
(a) The information and findings on which such intended
denial is based, and
(b) Notice of opportunity for such owner(s) or operator(s)
to present within 30 days, additional information or
arguments to the Director prior of his final
determination.
(iii) The Director shall make his final determination known in
not more than 60 days or less than 30 days after he has
sent notification of intent to deny the continued use of
an SCS pursuant to subparagraph (ii) of this Paragraph.
If the continued use of the SCS is denied, the final
determination shall set forth the specific grounds for such
denial.
(15) Upon denial of the use of a SCS pursuant to Paragraph (14) of
this Section, all the requirements of Section 3 of this Regulation
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shall be immediately applicable to the owner(s) or operator(s)
of the combined zinc/lead smelter and compliance therewith shall
be achieved in such reasonable times as the Director shall
prescribe.
(16) (i) The owner(s) or operator(s) of the combined zinc/lead
smelter shall comply with the compliance schedule specified
below for implementing the requirements of this Section.
(a) Effective immediately, limit the discharge of S02 into
the atmosphere by utilizing to the maximum extent
practicable all existing sulfuric acid plant controls
for both the lead and zinc plants.
(b) Within 15 days following the date of adoption of these
requirements as a final Regulation by the Board of Health
and Welfare, submit to the Director an application
for permission to comply in accordance with Paragraph
(3) of this Section.
(c) By January 21, 1975, submit to the Director, a detailed
plan for establishment and implementation of the
supplementary control system in accordance with Para-
graph (9) of this Section.
(d) June 1, 1975 - Submit to the Director the comprehensive
test report on the supplementary control system re-
quired by Paragraph (3)(i)(.i) of this Section.
(e) By June 1, 1975 - Let contracts or issue purchase
orders for any stack extensions, emission and ambient
air quality monitors, meteorological instruments,
and other component parts necessary to complete the
supplementary control system.
(f) June 1, 1975 - Submit to the Director for his approval,
the operational manual required by Paragraph (11) of
this Section.
(g) By June 1, 1975 - Complete installation of air quality
and emission monitors and meteorological equipment
necessary to complete the SCS.
(h) July 31, 1975 - Achieve compliance with the emission
limitation requirements of Paragraph (4) of this Section.
(i) July 31, 1975 - Certify measurement systems and commence
reporting as required by Paragraphs (7) and (12) of this
Section.
(j) July 31, 1975 - Assume responsibility for all violations
of the ambient air quality standards as defined by
Figure I in the designated liability area.
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(k) July 31, 1977 - Assume responsibility for all viola-
tions of the 24-hour primary air quality standard
for sulfur dioxide in the designated liability area.
(1) July 31, 1978 - Assume responsibility for all viola-
tions of the three-hour secondary ambient air quality
standard for sulfur dioxide in the designated
liability area.
(m) July 31, 1977 - Assume responsibility for all viola-
tions of the annual primary ambient air quality stand-
ard for sulfur dioxide in the designated liability
area.
(ii) The owner(s) or operator(s) of the combined zinc/lead
smelter shall certify to the Director within (15) days
after the deadline for each increment of progress, whether
or not the required increment of progress has been met.
(iii) If a performance test is deemed necessary by the Director
in order to determine whether compliance has been achieved,
such a test must be completed by the final compliance date
in the applicable compliance schedule. Notice must be giver
to the Director at least ten days prior to such a test to
afford him the opportunity to have an observer present.
(iv) If the owner(s) or operator(s) of the combined zinc/lead
smelter are presently in compliance with any of the increments
of progress set forth in the Paragraph such owner(s) or
operator(s) shall certify such compliance to the Director
within 30 days of the effective date of this Section. The
Director may request whatever supporting information he
considers necessary to determine the validity of the
certification.
(v) The owner(s) or operator(s) of the combined zinc/lead smel-
ter may submit to the Director, a proposed alternative com-
pliance schedule. Each such proposed compliance schedule
shall be submitted with the application submitted pursuant
to Paragraph (3)(i) of this Section. No such compliance
schedule may provide for final compliance after July 31, 1977.
If approved by the Director, such schedule shall replace
the compliance schedule set forth in this Paragraph.
(vi) If, in the opinion of the Director, any promulgated or ap-
proved alternate compliance schedule or increment of pro-
gress is not appropriate for effectively supervising pro-
gress toward final compliance by the combined zinc/lead
smelter, he may prescribe other such schedules and increments.
-7u-
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Line A: Y = (X x 1000) x (2.94) -:- (6008 hrs) for 105
o m
3
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U3 33
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65
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I — I
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X = ANNUAL PRODUCTION RATE OF SOFT CAST LEAD IN THOUSANDS TONS
(One ton of soft cast lead = 2.94 tons sinter)
-------
T. AIR POLLUTION SOURCE PERMITS
LEGAL AUTHORITY
Pursuant to authority granted in Section 39-115, Idaho Code, the Board
of Environmental and Community Services hereby adopts the following
Regulation for issuing Air Pollution Source Permits; and declares the
effective date of this Regulation to be July 1, 1974.
SECTION 1
(1.0) DEFINITIONS
EEE Permitee - any person or other legal entity which is legally
responsible for a source of air contamination of the atmosphere.
FFF Air Pollution Source Permit - a final order issued by the
Department which contains specific emission limits and standards
for a source in accordance with environmental laws, rules,
regulations, and standards of the State of Idaho.
GGG Board - Idaho Board of Health and Welfare.
HHH Director - the Director of the Department of Health and Welfare.
Ill Notice - defined by Idaho Code.
JJJ Department - Idaho Department of Health and Welfare.
SECTION 2 •
(2.0)
The purpose of this regulation is to establish uniform procedures for
obtaining an Air Pollution Source Permit. The Air Pollution Source
Permit establishes specific standards and limits prescribing the type
and quantity of air contaminant a Source is allowed to emit into
the atmosphere. These limits shall be consistent with all applicable
regulations, or may be more restrictive should source density or
other physical conditions require such action. This Permit shall
provide, where appropriate, an interim schedule of compliance for
those sources which may not be in compliance at the time of issuance.
SECTION 3
(3.0) PROCEDURE FOR ISSUING PERMIT
A. When the Director believes that any source is emitting or dis-
charging any air contaminant for which an environmental statute,
rule, regulation or standard applies, he may:
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1. Send a notification, by Registered Mail, to the permittee of
that source.
a. The notification shall state the applicable statute, rule,
regulation or standard with which the source must be in
compliance and,
b. State that a hearing will be set, if requested by the
permittee within 10 days of receipt of the notification,
to consider the applicability of any standards or limits
set by the Permit, and
c. Said notification shall state emission limits and any
required action, with corresponding dates, which must
be taken by the source in order to achieve or main-
tain compliance with all statutes, rules, regulations
or standards.
d. In the event the permittee does not request a hearing
as provided above and the Department does not wish
to hold a hearing, then 30 days after receipt of said
notification, the proposed air pollution source permit
becomes the final air pollution, source permit and shall
operate as a final order by the Department.
e. If a hearing is held, the Director will render a final
decision upon the Permit within 30 days after the
hearing. At this time, the Director may adopt the en-
tire Permit as originally proposed, and part thereof,
or a modified Permit.
2. The Director may amend the Air Pollution Source Permit after
issuance to require more restrictive limitations in the
event violations continue to exist or more restrictive stand-
ards are promulgated by the Board. Amendments shall be made
consistent with procedures established in Section 3. A. 1.
of these regulations.
3. In the event a permittee cannot meet the requirements of
this Permit and the permittee shows a good faith attempt to
comply, the Director may, at his sole discretion, adjust
the Permit as the equities of the case indicate; provided
however, that the permittee's lack of financial resources
alone shall not be sufficient reason to adjust any action
or limitation. This will be done in accordance with the
variance procedure outlined in Regulation A, Section 6.
4. The period of time during which the permit applies shall
be determined by the Director and shall appear on the notice.
5. When a single site includes more than one source of air
contaminant, a single Permit may be issued including all
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sources located at the site. Such Permit shall separately
identify each air contaminant source to which the Permit
applies. When a single air contaminant source which is in-
cluded in a multiple-source permit is subject to permit
modification, revocation, suspension or denial, such action
by the Department shall only affect that individual source
without thereby affecting any other source subject to that
permit.
6. No person shall construct, install, establish, modify or
enlarge any air contaminant source or facilities for control-
ling, treating, or otherwise limiting air contaminant
emissions from air contaminant sources listed in the Air
Pollution Source Permit without notifying the Department
as required by Regulation A, Section 3-B, Rules and Reg-
ulations for the Control of Air Pollution in Idaho.
7. The procedure for issuing an Air Pollution Source Permit
shall be consistent with that described in the Administrative
Procedure Act for a contested case and the permittee shall
be accorded all applicable rights.
8. An Air Pollution Source Permit when issued and effective
shall become a final order of the Department and be enforce-
able in the Courts of Law of the State of Idaho without further
administrative proceeding. Whenever an Air Pollution Source
Permit becomes a final order of the Department, the permittee
shall operate solely within the terms of the permit. Any
non-conforming activity shall constitute a violation of the
permit and shall be subject to appropriate civil and crim-
inal sanctions available to the Department.
9. The permittee shall provide any and all information requested
by the Department to prepare the terms of the permit. Failure
to provide requested information or falsification that
information shall constitute a violation of these regulations
and shall be punishable by appropriate criminal or civil
sanctions.
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FEDERALLY PROMULGATED
REGULATIONS
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(50.2) 52.675 Control Strategy: Sulfur oxides—Eastern Idaho Intrastate Air
Quality Control Region.
(a) Regulation R of the Rules and Regulations for the Control of
Air Pollution in Idaho, which is part of the sulfur dioxide
(S02) control strategy, is disapproved since it is incon-
sistent with the purposes and provisions of 51.13. These
requirements are not met by Regulation R in that the SC^ na-
tional ambient air quality standards (NAAQS).
(b) Regulation for control of sulfur dioxide (SC^) emissions:
Sulfuric Acid Plants.
(1) The provisions of this paragraph shall apply to the owner(s)
and operator(s) of The J. R. Simplot Company's Minerals and
Chemical Division, located in Power County, Idaho, in the
Eastern Idaho Intrastate Air Quality Control Region.
(2) The owner(s) or operator(s) of The J. R. Simplot Company
facility shall utilize best engineering techniques in
the operation of their plant to prevent fugitive S02
losses. Such techniques shall include but are not limited
to:
(i) Operating and maintaining all conduits, flues, and
stacks in a leakfree condition.
(ii) Operating and maintaining all process equipment and
gas in such a fashion that leakage of S02 gases will
be prevented to the maximum extent possible.
(3) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall limit SO? emissions from their sulfuric
acid plants per the following:
(i) The combined SO? emissions from the designated #100
and #200 sulfuric acid plants shall not exceed 2
kilograms (kg) per metric ton (4 pounds per ton)
of 100 percent sulfuric acid produced.
(i1) The S02 emissions from the designated #300 sulfuric
acid plant and stack shall not exceed 994 kg per hour
(2190 pounds per hour).
(4) (i) The owner (s) and operator(s) of The J. R. Simplot
Company shall achieve compliance with the require-
ments specified in paragraphs (b)(2) and (b)(3) of
this section in accordance with the following
schedule:
(A) Advise EPA as to status of contract(s) and
construction schedules for pollution abatement
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projects within 30 days of the effective date
of this regulation.
(B) Attain final compliance by July 31, 1976.
(ii) A performance test of the #300 acid plant shall be
necessary to determine whether compliance has been
achieved with the requirements of paragraph (b)(3)
of this section. Such test must be completed within
15 days of the final compliance date specified in
paragraph (b)(4)(i) of this section. Notice must be
given to the Administrator at least 10 days prior
to such a test to afford him an opportunity to have
an observer present.
(iii) Within 60 days after achieving the maximum production
rate at which the #100 and #200 acid plant will be
operated, but not later than 180 days after initial
start-up of these plants and at such other times as
may be required by the Administrator under Section
114 of the Clean Air Act, the owner(s) and operator(s)
of the facility shall conduct performance test(s)
in accordance with the requirements of 40 CFR 60.8.
(iv) If the owner(s) and operator(s) of The J. R. Simplot
Company facility are presently in compliance with
the requirements of paragraph (b)(2) and (b')(3) of
this section or in compliance with a portion of
these requirements, such compliance shall be certified
to the Administrator within 15 da'ys following the date
of these requirements as a final regulation in the
FEDERAL REGISTER. If the owner(s) or operator(s)
of The J. R. Simplot Company achieve compliance
prior to July 31, 1976, such compliance shall be
certified to the Administrator within 15 days of
the date of achieving compliance. The Administrator
may request whatever supporting information he
considers necessary to determine the validity of the
certification.
(5) (i) By no later than September 30, 1976, the owner(s)
and operator(s) of The J. R. Simplot Company
facility shall install, calibrate, maintain and
operate measurement system(s) for:
(A) Continuously monitoring and recording S02 con-
centration rates in each sulfuric acid plant
discharge stack per the requirements of 40 CFR
60.13 and 60.84.
(B) Continuously monitoring and recording gas vol-
umetric flow rates in the exhaust stack of the
designated #300 sulfuric acid plant.
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(ii) By no later than October 30, 1976, and at such other
times following that date as the Administrator may
specify, the S02 concentration measurement system(s)
installed and used pursuant to this paragraph shall
be demonstrated to meet the measurement system per-
formance specifications prescribed in 40 CFR 60.13
and Appendix E to this part, respectively. The
Administrator shall be notified at least 10 days
prior to the start of this field test period to
afford the Administrator the opportunity to have
an observer present.
(iii) The sampling point for monitoring the concentration
of S02 emissions shall be in the duct at the centroid
of the cross section of the discharge stack if the
cross sectional area is less than 4.65 m2 (50 ft2)
or at a point no closer to the wall than 0.91 m (3 ft)
if the cross sectional area is 4.652 (50 ft2)or more.
The monitor sample point shall be representative
of the average concentration in the duct.
(iv) The measurement system(s) shall be maintained, oper-
ated and calibrated in accordance with the methods
prescribed by the manufacturers. Records of main-
tenance and/or calibration shall be kept and submitted
to the Administrator upon request. These records shall
clearly show instrument readings before and after such
calibration and/or maintenance.
(v) The owner(s) and operator(s) of The J. R. Simplot
Company facility shall maintain a daily record of three
hour average emission rate measurements for each
sulfuric acid plant. Three hour average emission
rates shall be calculated for each day beginning
at midnight. For the #100 and #200 acid plants, the
calculations shall be in conformance with 40 CFR
60.84. For the #300 acid plant, average S02 emission
rates expressed in kg SOg per hour shall be calculated.
The results of these calculations for each month shall
be submitted to the Administrator wihtin 15 days
following the end of each month. Such submission
shall identify each period of excess emission that
occurred and the nature and cause of any mal-
function (if known), the corrective action taken or
preventative measures adopted. The records of such
measurements including strip charts and other approp-
riate- raw data shall be retained for a minimum of two
years following the date of such measurements.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(5) of this section shall become
applicable September 30, 1976.
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(6) (i) Compliance with the requirements set forth in para-
graph (b)(3) of this section shall be determined
using the emission rates measured by the continuous
measurement system(s) installed, calibrated, main-
tained and operated in accordance with the require-
ments of paragraph (b)(5) of this section.
(ii) At the Administrator's discretion, compliance may
also be determined using the manual source test
methods per 40 CFR 60.85 and Appendix A to Part 60
of this Title. Emission rates for each stack shall
be expressed in units consistent with those in para-
graph (b)(3) of this section.
(iii) A violation of the requirements of paragraph (b)(3)
of this section shall occur whenever the S02 emission
rates determined according to paragraph (b)(6)(i) or
(b)(6)(ii) of this section exceed the corresponding
S02 emission rates specified in paragraph (b)(3) of
this section.
(7) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall by September 30, 1976, install, calibrate,
maintain and operate a network for continuously monitoring
ground level ambient S02 concentrations and wind speed
and direction.
(i) The monitoring network shall consist of at least four
ambient S02 monitoring stations and one meteorological
station placed at locations approved by the Administra-
tor.
(ii) The SOg monitoring network shall be consistent with
automated equivalent methods for measurement of am-
bient concentrations of S02 as defined in Part 53
of this chapter.
(iii) The monitoring network installed and used pursuant to
this subparagraph shall be maintained, operated and
calibrated in accordance with the methods prescribed
by the manufacturers. Records of maintenance and/or
calibration shall be kept and submitted to the Ad-
ministrator upon request. These records shall clearly
show instrument readings before and after such cal-
ibration and/or maintenance.
(iv) The owner(s) and operator(s) of The J. R. Simplot
Company facility shall maintain a daily record of
all measurements required by this subparagraph.
Strip charts and other raw data from the monitoring
network shall be retained for a minimum of two years
following the date of such measurement.
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(v) The owner(s) and operator(s) of The J. R. Simplot
Company shall calculate hourly average ambient S02
concentrations, wind speed, and wind direction
from each monitoring station and submit such values
to the Administrator within 15 days following the end
of each month.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(7) of this section shall be-
come applicable September 30, 1976 and shall re-
main applicable until such time as the Administrator
declares that an adequate ambient air data base has
been established, which shall be no earlier than at
least one calendar year.
(vii) Within 90 days of the Administrator's declaration of
an adequate data base, Simplot shall submit to the
Administrator a technical analysis of the degree of
permanent control required on the #300 acid plant to
ensure attainment and maintenance of NAAQS.
(8) Nothing in paragraph (b) of this section shall be construed
to relieve the owner(s) and operator(s) of The J. R. Simplot
Company to comply with any applicable requirements of Part
60 of this Title and this paragraph, the more restrictive
interpretation or requirement shall apply.
(9) In the event that measurement systems cannot be installed
and operational by the date specified in this section, The
J. R. Simplot Company shall propose the earliest possible
date by which such requirements can be met. Such proposal
shall include adequate justification and supporting docu-
mentation.
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(50.2) 52.676 Control Strategy: Sulfur oxides—Eastern Washington-Northern
Idaho Interstate Region.
(a) (1) The requirements of 51.13 of this chapter are not met to
the extent discussed in paragraph (a)(2) of this section
in the Idaho portion of the Eastern Washington-Northern
Idaho Interstate Region since the plan does not provide
for the necessary emission reductions for the attainment
and maintenance of the primary and secondary standards
for sulfur oxides.
(2) Regulation S of the "Rules and Regulations for the Control
of Air Pollution in Idaho" is approved with the exception
of paragraphs (4), (5), (6), (7), and (17) of section 4
which are disapproved and are replaced by paragraph (b)
of this section as shown below. Those paragraphs disap-
proved by this rulemaking are inconsistent with the
purposes and provisions of Section 110 of the Clean Air
Act.
(b) Regulation for control of sulfur dixoide (S02) emissions: Zinc/
lead smelter complex.
(1) This section is applicable to any combined zinc/lead
smelter in the Idaho portion of the Eastern Washington-
Northern Idaho Interstate Region.
(i) The owner(s) or operator(s) of the smelter subject
to this section shall not cause or allow the dis-
charge of gases into the atmosphere in excess of:
(a) 2600 parts per million (by volume) S02-maximum
6-hour average, from any single absorption sul-
furic acid producing designed for the removal
of S02 as determined by the method specified
in paragraph (b)(4)(i) or (b)(4)(iii) of this
section.
(b) 2000 parts per million (by volume) S02-maximum
6-hour average, from the lead main stack system
which consists of the lead plant main stack
and section 1 and 2 of the lead plant main
baghouse. Emission concentration shall be deter-
mined by the method specified in paragraph (b)(4)
(i) or (b)(4)(iii) of this section.
(c) 616,900 Kg (680 tons) S02 per 7-consecutive day
period (midnight to midnight), as determined
by the method specified in paragraph (b)(4)(ii)
of this section. Such limitation shall apply
to the sum total of S02 emissions from the
zinc/lead smelter complex but no
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uncaptured fugitive emission and those'emissions
due solely to use of fuel for space heating or
steam generation.
(ii) All S02 gas streams discharged from the zinc
plant roasters and the strong SOg removal fac-
ility which meets the requirements of paragraph
(b)(l)(i)(a) of this section. The strong S02
gas stream from the lead smelter sinter machine
is defined as the entire gas stream exhausted from
the "strong gas" exit point on the input end
of the lead smelter sinter machine.
(iii) Gases shall not be combined with those arising
from the process(es) served by the stack(s)
subject to the limitations in paragraph (b)(l)(i)
of this section for the purposes of decreasing the
concentration of 862 in such stack(s).
(2) (i) The owner(s) or operator(s) of the smelter subject to
this section shall comply with the compliance schedule
specified below for implementing the requirements of
this paragraph:
(a) Effective immediately and until July 31, 1977,
limit the discharge of SO? into the atmosphere
as defined by paragraph 4(4) of Regulation S of
the "Rules and Regulations for the Control of
Air Pollution in Idaho".
(b) February 15, 1976—Let contracts of issue purchase
orders for any equipment necessary to attain the
emission limitations specified in paragraph (b)
(1) of this section.
(c) June 30, 1976—Initiate on-site construction or
installation of emission control equipment or
process modificaiton.
(d) June 30, 1977--Complete on-site construction or
installation of emission control equipment or
process modification.
(e) July 31, 1977—Achieve full compliance with the
emission limitation requirements of paragraph (b)
(1) of this section.
(f) July 31, 1977—Initiate continuous S02 monitoring
and record keeping requirements of paragraph (b)
(3) of this section.
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(ii) The owner(s) or operator(s) of the smelter subject
to this section shall notify the Administrator in
writing within 5 days after the deadline of each in-
crement of progress, whether or not the required in-
crement of progress has been met.
(iii) Where a performance test is deemed necessary by the
Administrator in order to determine whether compli-
ance has been achieved, such a test must be completed
by the final compliance date in the applicable compli-
ance schedule. Notice must be given to the admin-
istrator at least 2 weeks prior to conducting a per-
formance test to afford him the opportunity to have
an observer present.
(iv) If the owner(s) or operator(s) of the smelter subject
to this section are presently in compliance with any
of the increments of progress set forth in this par-
agraph, such owner(s) or operator(s) shall certify
such compliance to the Administrator within 30 days
of the effective date of this paragraph. The Admin-
istrator may request whatever supporting information
he considers necessary to determine the validity of
the certification.
(v) The owner(s) or operator(s) of the smelter subject
to this section may submit to the Administrator a
proposed alternative compliance schedule. No such
compliance schedule may provide for final compliance
later than July 31, 1977. If approved by the Admin-
istrator, such schedule shall replace the compliance
schedule set forth in this paragraph.
(3) The owner(s) or operator(s) of the smelter subject to this
section shall install, calibrate, maintain and operate
measurement systems for continuously monitoring and record-
ing S02 emission concentrations and emission rates in the
lead smelter and zinc plant main stacks and in any other
stack capable of emitting greater than 45,360 Kg (50 tons)
SOo per year and in any lead smelter duct which would en-
able the operator to route strong S02 gas streams directly
to the atmosphere thereby bypassing around the lead smelter
sulfuric acid plant. For the purpose of this paragraph,
"continuous monitoring" means the taking and recording of
at least one measurement of S02 concentration and stack
gas flow rate from the effluent of each stack in each 15-
minute period. Stack tests of sources emitting less than
45,360 Kg (50 tons) S02 per year shall be conducted quarter-
ly with the determined emission rate to be used as a fixed
emission rate for that quarter.
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(i) By no later than July 31, 1977, and at such other
times after that date as the Administrator may
specify, the SC^ concentration measurement system(s)
and gas volumetric flow rate system(s) installed and
used pursuant to this paragraph shall be demonstrated
to meet the measurement system performance specifica-
tions prescribed in Appendices D and E to this part,
respectively. The Administrator shall be notified
at least 10 days prior to the start of the field test
period required in Appendices D and E to this part to
afford the Administrator the opportunity to have an
observer present.
(ii) The sampling point for monitoring emissions shall be
in the duct at the centroid of the cross section if the
cross sectional area is less than 4.647 m2 (50 ft.2)
or at a point no closer to the wall than 0.914 m
(3 ft.) if the cross sectional area is 4.647 m2
(50 ft.') or more. The monitor sample point shall
be in an area of small spatial concentration gradient
and shall be representative of the average concentration
in the duct.
(iii) The measurement system(s) installed and used pursuant
to this section shall be subjected to the manufacturer's
recommended zero adjustment and calibration at shorter
intervals, in which case such specifications or recom-
mendations shall be followed. Records of these pro-
cedures shall be made which clearly show instrument
readings before and after zero adjustment and calibra-
tion.
(iv) Six-hour average S02 concentrations and emission rates
shall be calculated in accordance with paragraph (b)
(4) of this section and recorded daily.
(v) The owner(s) or operator(s) of the smelter subject to
this paragraph shall maintain a record of all measure-
ments required by this paragraph. Measurement results
shall be expressed in the units prescribed by the
emission limitations in paragraph (b)(l) of this section.
Six-hour average concentration values calculated pur-
suant to paragraph (b)(4)(i) and(ii) of this section
shall be reported as of each hour for the preceding 6
hours. Seven-day emission rates calculated pursuant
to paragraph (b)(4)(i)(ii) of this section shall be
reported as of each day (midnight to midnight) for the
preceding 7-day period. Any occasion wherein those
strong gas streams identified in paragraph (b)(l)(ii)
of this section are not processed through an S02 re-
moval facility and are routed to the atmosphere shall
be recorded. The results shall be summarized monthly
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and shall be submitted to the Administrator within 15
days of the end of each month. A record for at least
2 years following the date of such measurement.
(vi) The continuous monitoring and recordkeeping require-
ments of paragraph (b)(3) of this section shall be-
come applicable July 31, 1977.
(4) (i) Compliance with the requirements of paragraph (b)(1)(i)
(a) and (b)(l)(i)(b) of this section shall be deter-
mined using the continuous measurment system(s) instal-
led, calibrated, maintained and operated in accordance
with the requirements of paragraph (b)(3) of this section.
For the stack(s) equipped with the measurement systems)
required by paragraph (b)(3) of this section and sub-
ject to the limitations of paragraphs (b)(l)(i)(a) or
(b)(l)(i)(b) of this section, a 6-hour average SO?
concentration shall be calculated as of the end of each
clock hour for the preceding 6 hours, in the following
manner:
(a) Divide each 6-hour period into twenty-four (24)
15-minute segments.
(b) Determine on a compatible basis an SC^ concentra-
tion for each 15-minute period. These measure-
ments may be obtained either by continuous inte--
gration of all measurements (from the respective
affected facility) recorded during the 15-minute
period or from the arithmetic average of any num-
ber of S02 concentration readings equally spaced
over the 15-minute period. In the latter case,
the same number of concentration readings shall
be taken in each 15-minute period and the readings
shall be similarly spaced within each 15-minute
period.
(c) Calculate the arithmetic average of all 24 concen-
tration measurements in each 6-hour period for
each attack.
(ii) Compliance with the requirements of paragraph (b)(l)
(i)(c) of this section shall be determined using the
continuous measurement system(s) installed, calibrated,
maintained and operated in accordance with the require-
ments of paragraph (b)(3) of this section. For all
stacks equipped with the measurement system(s) required
by paragraph (b)(3) of this section, the average S02
emission rate for a 7-day period shall be calculated
on a daily basis (midnight to midnight) as follows:
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(a) Divide each 6-hour period into twenty-four (24)
15-minute segments.
(b) Determine a compatible basis an S02 concentra-
tion and a stack gas flow rate measurement for
each 15-minute period for each affected stack.
These measurements may be obtained either by con-
tinuous integration of S02 concentration and
stack gas flow rate measurements (from the re-
spective affected facilities) recorded during
the 15-minute period or from the arithmetic
average Of any number of S02 rnnrpnt.rat.inn anrl
stack gas flow rate readings equally.soaced over
the 15-minute period. In the latter case, the
number of concentration readings shall be taken
in each 15-minute period and the readings shall
be similarly spaced within each 15-minute period.
(c) Calculate the arithmetic average (pounds SO? per
hour) of all 24 emission rate measurements in
each 6-hour period for each stack.
(d) Calculate the SOo emission rate for each consecu-
tive 7-day period (midnight to midnight) by
summing the twenty-eight (28) 6-hour average S02
emission rates for each stack measured over a
7-day period calculated per paragraph (b)(4)(ii)
(c) of this section. Add the predetermined con-
stant for all sources under 50 tons S02 per year
as calculated per paragraph (b)(3) of this section.
(iii) Notwithstanding the requirements of paragraph (b)(4)
(i) of this section, compliance with requirements
of paragraph (b)(l)(i)(a) and (b)(l)(i)(b) of this
section shall also be determined by using the methods
described below at such times as may be specified by
the Administrator. For each stack serving any process
or any process designed for the removal of S02> a 6-hour
average S02 concentration shall be determined as follows:
(a) The test of each stack emission concentration
shall be conducted while the processing unit(s)
vented through such stack are operating at or
above the maximum rate at which such unit(s)
will be operated and under such other conditions
as the Administrator may specify.
(b) Concentrations of S02 in emissions shall be deter-
mined by using Method 8 as described in Part 60
of this chapter. The analytical and computational
portions of Method 8 as they relate to determin-
ation of sulfuric acid mist and sulfur trioxide,
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as well as isokinetic sampling, may be omitted
from the over-all test procedure.
(c) Three independent sets of measurements of
concentrations shall be conducted during three
6-hour periods for each stack. Each 6-hour
period will consist of three consecutive 2-hour
periods. Measurements of emission from all
stacks on the smelter premises need not be con-
ducted simultaneously. All tests must be com-
pleted within a 72-hour period.
(d) In using Method 8, traversing shall be conducted
according to Method 1 as described in Part 60 of
this chapter. The minimum sampling volume for
each 2-hour test shall be 1.132m3 (40 ft. 3) cor-
rected to standard conditions, dry basis.
(e) The velocity of the total effluent from each stack
evaluated shall be determined by using Method 2
as described in Part 60 of this chapter and travers-
ing according to Method 1. Gas analysis shall
be performed by using the integrated sample tech-
nique of Method 3 as described in Part 60 of this
chapter. Moisture content shall be determined
by using Method 4 except that stack gases arising
only from a sulfuric acid production unit may be
considered to have a zero moisture content.
(f) The gas sample shall be extracted at a rate pro-
portional to gas velocity at the sampling point.
(g) The S02 concentration in parts per million-maximum
6-hour average for each stack is determined by
calculating the arithmetic average of the results
of the three 6-hour test periods each consisting
of three 1-hour tests.
(5) The owner(s) or operator(s) of any combined zinc/lead smel-
ter subject to Regulation S of the "Rules and Regulations
for the Control of Air Pollution in Idaho" and paragraph
(b) of this section shall be in violation of Section 113
of the Clean Air Act and subject to the penalties specified
therein if any of the following occur:
(i) Any increment of the compliance schedule set forth in
paragraph (16) of Section 4 of Regulation S is not met
by the date specified; or
(ii) Any increment of the compliance schedule set forth in
paragraph (b)(2) of this section is not met by the
date specified; or
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(iii) Any emission limitation set forth in paragraph (4)
of Section 4 of Regulation S which has been incor-
porated by reference into this regulation per para-
graph (b)(2)(i)(a) of this section, is exceeded; or
(iv) After July 31, 1977 any emission limitation set
forth in paragraph (b)(l) of this section is exceeded;
or
(v) Any ambient air quality standards for S02 as defined
by paragraph (b)(i)(i) of Section 4 of Regulation S
is exceeded after the dates specified in paragraph
(3)(i)(i) of Section 4 of Regulation S in the de-
signated liability area; or
(vi) Operation of the supplementary control system is not
conducted in accordance with the Idaho Department of
Health and Welfare approved operational manual; or
(vii) The reporting requirements of Paragraph (12) of
Section 4 of Regulation S are not met.
(6) Compliance with emission standards: Reporting excess
emissions during periods of start-up, shutdown and mal-
function.
(i) The owner(s) or operator(s) of the smelter subject to
this section are subject to the provisions of this sub-
paragraph in regard to excess emission during periods
of start-up, shutdown and malfunction.
(ii) All terms used in this paragraph but not specifically
defined below shall have the meaning given them in the
Clean Air Act or Part 51, 52 or 60 of this chapter.
(a) The term "excess emissions" means an emission
rate which exceeds any applicable emission limit-
ation prescribed by paragraph (b)(l) of this
section. The averaging time and test procedures
for determining such excess emission shall
be as specified as part of the applicable emission
limitation.
(b) The term "malfunction" means any sudden and un-
avoidable failure of air pollution control equip-
ment or process to operate in a normal and usual
manner. Failures that are caused entirely or
in part by poor maintenance, careless operation
or any other preventable upset condition or pre-
ventable equipment breakdown shall not be con-
sidered malfunctions.
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(c) The term "start-up" means the setting into op-
eration of any air pollution control equipment
or process equipment for any purpose, except
routine phasing in of process equipment.
(d) The term "shutdown" means the cessation of op-
eration of any air pollution control equipment
or process equipment for any purpose, except
routine phasing out of process equipment.
(e) The term "violation" means any incident of excess
emissions, regardless of the circumstances of the
occurrence.
(iii) (a) In the case of excess emissions from the smelter
subject to this section for which the Administra-
tor has issued a Notice of Violation, the owner(s)
or operator(s) of the subject smelter may submit
the following data in order to assist the Admin-
istrator in carrying out his duties under Section
113 of the Clean Air Act.
(b) Each submission shall include, as a minimum:
(i) The identity of the stack and/or other emis-
sion points where the excess emissions
occurred; and
(ii) The magnitude of the excess emission expressed
in the units of the applicable emission
limitation and the operating data and calcu-
lations used in determining the magnitude
of the excess emissions; and
(iii) The time and duration of the excess emissions;
and
(iv) The identity of the equipment causing the
excess emissions; and
(v) The nature and cause of such excess emissions;
and
(vi) The measured or estimated ambient SC^ concen-
trations which occurred or which were expected
to occur during the period; and
(vii) If the excess emissions were the result of
a malfunction, the steps taken to remedy the
malfunction and the steps taken or planned
to prevent the recurrence of such malfunction;
and
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(viii) The steps taken to limit the excess emissions
and the resultant impact on ambient air qual-
ity; and
(ix) Documentation that the air pollution control
equipment, process equipment, processes
were at all times maintained and operated,
to the maximum extent practicable, in a
manner consistent with good practice for
minimizing emissions.
(iv) At any time, the owner(s) or operator(s) of the smelter
subject to this section has the right to submit data
information or reports to the Administrator, including
but not limited to the information specified in sub-
paragraph (6)(iii)(b) above, in order to assist the
Administrator in carrying out his statutory respon-
sibilities under Section 113 and 303 of the Clean Air
Act.
(v) The submittal of information pursuant to subparagraphs
(6)(ii) and (iv) of this paragraph shall be used by
the Administrator in determining the seriousness of
the violation, whether the source made in good faith
effort to comply, the need for further enforcement
action and the appropriate sanctions, if any under
the provisions of the Clean Air Act.
(vi) Excess emissions during periods of routine maintenance
or during routine phasing in or out of process equip-
ment shall be considered to be the result of a start-
up, shutdown or malfunction.
(vii) All SOg gas streams discharged from the zinc plant
roasters and the strong S02 gas stream discharged
from the lead smelter sintering machines described
in subparagraph (l)(i) of this paragraph that are not
processed through an SC>2 removal facility shall be
considered excess emissions.
(viii) In the event that owner(s) or operator(s) of the smel-
ter subject to this section has been granted permis-
sion by the Administrator and the Director of the
Idaho Department of Health and Welfare to use a
supplementary control system pursuant to the pro-
visions of Regulation S of the "Rules and Regulations
for the Control of Air Pollution in Idaho" as part-
ially approved in paragraph (a) of this section,
nothing in this section shall be construed to relieve
the owner(s) or operator(s) of the smelter subject
to this section from his assumed liability for all
violations of any applicable ambient air quality
standards which occur in the designated liability
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area, including those isolations that occur as the
result of a malfunction, start-up or shutdown.
(ix) Failure of the owner(s) or operator(s) of the smelter
subject to this section to report periods of excess
emissions pursuant to paragraph (b)(3)(v) shall be
considered a violation of the provisions of this
subpart.
(x) Nothing in this section shall construed to limit
the authority of the Administrator to institute
actions under Section 113 and 303 of the Clean Air
Act or to exercise his authority under Section 114
of the Clean Air Act.
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(6.0) 52.677 Compliance Schedules
(d) Federal compliance schedules.
(1) Except as provided in subparagraph (5) of this paragraph, the
owner of any Kraft pulp mill subject to the following emission
limiting regulation in the Idaho Implementation Plan shall
comply with the compliance schedule in subparagraph (2) of this
paragraph: "Rules and Regulations for the Control of Air
Pollution in Idaho," regulation 0, section 3, subsection E
(chapter VII of the Idaho implementation plan).
(2) Compliance schedule for recovery furnaces.
(i) January 1, 1974—-Achieve compliance with the applicable
regulations, and certify such compliance to the Administa-
tor.
(ii) If a performance test is determined necessary by the Ad-
ministrator to certify compliance, such a test must be
completed by January 15, 1974. Ten days prior to such
a test, notice must be given to the Administrator to
afford him the opportunity to have an observer present.
(3) —(4) (Reserved)
(5) (i) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable reg-
ulations and which has certified such compliance to the
Administrator by October 1, 1973. The Administrator
may request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of
this paragraph for the affected source.
(iii) Any owner or operator subject to a compliance schedule in
this paragraph may submit to the Administrator no later
than October 1, 1973, a proposed alternative compliance
schedule. No such compliance schedule may provide for
final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If
promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the
affected source.
(6) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to which
the application of a compliance schedule for any source
fails to satisfy the requirements of 51.15(b) and (c) of this
chapter.
(38 FR 22741, Aug. 23, 1973 as amended at 38 FR 24342, Sept. 7,
1973; 40 FR 10465, Mar. 6, 1975; 41 FR 23203, June 9, 1976.)
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(17.0) 52.683 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III'shall be limited to "concentrations'of"participate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(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) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redes.ignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(v1i) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans 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; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might, necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public"inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 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)1
(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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