U.S. DEPABTMEMT Of COMMERCE
National Technical Information Service
PB-290 268
Air Pollution Regulations in State
Implementation Plans: Maine
Abcor Inc, Wilmington, MA Walden Div
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290268
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-069
August 1978
Air
Pollution Regulations
in State Implementation
Plans:
Maine
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-450/3-78-069
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
•Plans: Maine
3. RECIPIENT'S ACCESSION-NO.
Pfe
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOH(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.IDENTIFIERS/OPEN ENDED TERMS c. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
EPA Form 2220-1 (9-73)
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EPA-450/3-78-069
ir Pollution Regulations
in State Implementation Plans:
Maine
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-069
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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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 enforceafaility 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
OF
ERA-APPROVED REGULATION CHANGES
MAINE
Submittal Date
7/28/72
9/11/73
Approval Date
10/28/72
9/20/74
Description
Revision to Reg. 10.8.4g
Compliance Schedules
Revised Open Burning
Reg. 100.2
Section Number
52.1026
52.1029
FEDERAL REGULATIONS
Description
Regulation for Review of New or Modified
Indirect Sources
Regulation for Prevention of Significant
Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(50.1.2)
(51.13)
(51.5)
(51.9)
(50.1.3)
(50.2)
(51.6)
(3.0)
(6.0)
(8.0)
(7.0)
Revised Standard
Subject Index
(10.0)
(17.0)
Regulation
Number
10.0
-
-
100.3
100.4
100.5
100.6
100.7
100.8
-
100.9
100.9.4
FEDERALLY
Section
Number
52.1026
52.1029
STATE REGULATIONS
Title
Definitions
Visible Emission Regulation
Open Burning Regulation
Fuel -Burning Equipment
Particulate Emission Standard
Incinerator Particulate
Emission Standard
General Process Source
Particulate Emission Standard
Low Sulfur Fuel Regulation
Sulfur Dioxide Emission
Standard for Sulfite Pulp Mills
Emission License Regulation
Compliance Schedule
Emergency Episode Regulation
Notification of Malfunction or
. Breakdown
PROMULGATED REGULATIONS
Title
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
Page
1
4
5
7
7
9
11
12
12
14
16
23
Page
26
36
VIM
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CHAPTER 10
RULES AND REGULATIONS
Consistent with a coordinated state-wide program to control present
and future sources .of emissions to the end that air polluting activities
of every type shall be regulated in a manner that reasonably insures the
continued health, safety and general welfare of all the citizens of the
state; protects property values and protects plant and animal life; and
pursuant to 38 M.R.S.A., Section 585, the Department of Environmental
Protection adopts the following emission standards and regulations
designed for the achievement and maintenance of ambient air quality
standards and the prevention of air pollution:
(1.0) 10.0 DEFINITIONS
Air contaminants include, but are not limited to, dust, fumes, gas,
mist, particulate matter, smoke, vapor or any combination thereof.
Air pollution control apparatus means and includes any appliance,
equipment, machinery, installation or structures which remove, control,
reduce, eliminate, dispose of or render less noxious the emission of air
contaminants into the ambient air.
Ambient air means all air outside of buildings, stacks or exterior
ducts.
Best practical treatment means that method which controls or reduces
emissions of air contaminants to the lowest possible level considering:
1. The then existing state of technology:
2. The effectiveness of available alternatives for reducing
emissions from the source being considered:
3. The economic feasibility for the type of establishment involved.
Board means the Board of Environmental Protection.
Commissioner means the Commissioner of the Department of Environmental
Protection.
Emission means a release of air contaminants into ambient air.
Emission source means any and all sources of emissions of air
contaminants, whether privately or publicly owned or operated.
Fuel-burning equipment means any furnace, boiler, apparatus, stack,
and all appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat or power by indirect heat transfer.
Fugitive dust means solid air-borne particulate matter emitted from
any source other than a flue or stack.
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General Process source means any emission source except fuel-
burning equipment, incinerators, mobile sources, open burning sources
and sources of fugitive dust.
Incinerators means any device, apparatus, equipment or structure
used for destroying, reducing or salvaging by fire any material or
substance.
CLASSIFICATION OF WASTES
Type 0—Trash, a mixture of highly combustible waste such as paper,
cardboard cartons, woodboxes and combustible floor sweepings, from
commercial and industrial activities. The mixtures contain up to 10% by
weight of plastic bags, coated paper, laminated paper, treated corrugated
cardboard, oily rags and plastic or rubber scraps. This type of waste
contains about 10% moisture and 5% incombustible solids and has a heating
value of approximately 8500 B.T.U. per pound as fired.
Type 1—Rubbish, a mixture of combustible waste such as paper,
cardboard cartons, wood scrap, foliage and combustible floor sweepings,
from domestic, commercial and industrial activities. The mixture contains
up to 20% by weight of restaurant or cafeteria waste, but contains little
or no treated papers, plastic or rubber wastes. This type of waste
contains about 25% moisture and 10% incombustible solids and has a heating
value of approximately 6500 B.T.U. per pound as fired.
Type 2—Refuse, consisting of an approximately even mixture of rubbish
and garbage by weight. This type of waste is common to apartment and
residential occupancy, consisting of up to 50% moisture, 7% incombustible
solids, and a heating value of approximately 4300 B.T.U. per pound as fired.
Type 3—Garbage, consisting of animal and vegetable wastes from
restaurants, cafeterias, hotels, hospitals, markets and like installations.
This type of waste contains up to 70% moisture, and up to 5% incombustible
solids and has a heating value of approximately 2500 B.T.U. per pound as
fired.
Type 4--Human and animal remains, consisting of carcasses, organs
and solid organic wastes from hospitals, laboratories, abattoirs, animal
pounds, and similar sources, consisting of up to 85% moisture, 5% incom-
bustible solids and having a heating value of approximately 1000 B.T.U.
per pound as fired.
Type 5—By-product waste, gaseous, liquid or semi-liquid, such as
tar, paints, solvents, sludge, fumes, etc., from industrial operations.
B.T.U. values must be determined by the individual materials to be destroyed.
Type 6—Solid by-product waste, such as rubber, plastics, wood waste,
etc., from industrial operations. B.T.U. values must be determined by the
individual materials to be destroyed.
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CLASSIFICATION OF INCINERATORS
Class I—Portable, packaged, completely assembled, direct fed
incinerators 5 to 15 cubic feet primary chamber volume; or a burning
rate of 25 to 100 pounds per hour of type 1 or type 2 waste; or a
burning rate of 25 to 75 pounds per hour of type 3 waste.
Class IA—Portable, packaged or job assembled, direct feed
incinerators with 5 to 14 cubic feet primary chamber volume; or a
burning rate ot 25 to 100 pounds per hour of type 1 or type 2 waste;
or a burning rate of 25 to 75 pounds per hour of type 3 waste.
Class II—Flue-fed, single chamber incinerators with more than 2
square feet burning area, for type 2 waste. This type of incinerator
is served by one vertical flue functioning both as a shute for charging
waste and to carry the products of combustion to atmosphere. This type
of incinerator has been installed in apartment houses or multiple dwell-
ings.
Class IIA—Shute-fed multiple chamber incinerators, for apartment
buildings with more than 2 square feet burning area, suitable for type
1 or type 2 waste. (Not recommended for industrial installation) This
type of incinerator is served by a vertical shute for charging wastes
from two or more floors above the incinerator and a separate flue for
carrying the products of combustion to the atmosphere.
Class III—Direct fed incinerators with a burning rate of 100
pounds per hour and over, suitable for type 3 waste.
Class IV—Direct fed incinerators with a burning rate of 75 pounds
per hour or over, suitable for type 3 waste.
Class V—Municipal incinerators suitable for type 0, type 1, type
2 or type 3 wastes, or a combination of all four wastes, and are rated
in tons per 24 hours.
Class VI—Crematory and pathological incinerators, suitable for
type 4 waste.
Class VII—Incinerators designed for specific by-product wastes,
type 5 or type 6.
Modification means any physical change to or change in the method
of operation of, an affected facility which increases the amount of any
air pollutant (to which a standard applied) emitted by such facility
or which results in the emission of any air pollutant (to which a stand-
ard 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:
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(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
accommodate such alternative use.
Opacity means the degree of light obscuring capability of non-black
emissions of visible air contaminants expressed as a percentage. (For
example complete opacity shall be expressed as 100 percent)
Open burning means the burning of any type of combustible material
in the open ambient air without being completely enclosed, and where
the products of combustion are emitted directly into the ambient air
without passing through a stack, chimney or duct.
Person means any individual, partnership, corporation, whether
private, public or quasimunicipal, municipality, state governmental or
other legal entity.
Process weight rate means the average total weight of all materials,
not including any gaseous or liquid fuels or combustion air, introduced
into any manufacturing, industrial or combustion process that may result
in the emission of particulate matter to the ambient air, computed on an
hourly basis, and shall be expressed in terms of weight per unit of time.
Region means those air quality regions established by the Department
of Environmental Protection pursuant to 38 M.R.S.A., Section 583.
Ringelmann Chart shall mean the chart published and described in
the U.S. Bureau of Mines Information Circular 8333, on which are illustrat-
ed graduated shades of gray for use in .estimating the light obscuring
density or device for the measurement of the light obscuring density of
black air contaminant emissions which may be approved by the Department of
Environmental Protection.
(50.1.2) VISIBLE EMISSION REGULATION
100.1
100.1.1 Scope
This regulation shall be effective in all ambient air quality regions
in the State of Maine as follows:
(a) Immediately for all new sources, the construction or installation
of which begins after the Department of Environmental Protection
adopts this emission standard unless that equipment is required
to meet a stricter standard of performance;
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(b) October 1, 1973 for all existing sources.
100.1.2 Prohibition
No person shall emit or cause to be emitted any visible air contam-
inants from any emission source that exceed a number 2 on the Ringelmann
Chart or an opacity of 40 percent except for periods of not exceeding 5
minutes in any hour or 15 minutes in any 3 hours.
100.1.3 Exemptions
The emission of water vapor shall be exempt from this regulation.
The emission of visible air contaminants for the purposes of training,
research, recreation and permitted open burning shall be exempt from
this regulation.
Existing general process sources that have been given a longer time
to comply with a participate emission standard shall be exempt from this
regulation until such time as that particulate emission standard must be
complied with. Incinerators are exempt from this regulation as visible
emissions from this source category is included in regulation 100.4.
(51.13) OPEN BURNING REGULATION
100.2.1 Scope
This regulation shall be effective in all ambient air quality control
regions as of the date indicated in each section.
100.2.2 Prohibitions
Open burning of tires or rubber products or by-products shall be
prohibited after July 1, 1972.
Open burning of waste of any kind shall be prohibited after July 1,
1975.
100.2.3 Exemptions
Open burning may be permitted for the following purposes provided a
permit is obtained in accordance with paragraph 100.2.4:
(a) Open burning for the control or prevention of any disease,
virus or similar hazard to public health;
(b) Open burning for agricultural purposes such as .land clearing,
blueberry control, or burning for similar prescribed cultural
purposes.
(c) Open burning for the disposal of any material generated by the
demolition of any building or the clearing of any land for the
erection, modification or construction of any highway, railroad,
power or communication line or pipeline, or commercial or indus-
trial or recreational building or development.
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(d) Open burning for training, research and recreational purposes
provided that fires for recreational purposes on a person's
own property do not require a permit.
100.2.4 Open Burning Permits
Open burning permits may be granted by the Forest Ranger or Town
Forest Fire Warden having jurisdiction over the location where the fire
is to be set. Should complicated circumstances warrant, the Ranger or
Warden may refer the person requesting a permit to the Commissioner for
approval of paragraphs, (a) (b) and (c). Such permits will be issued if
it is determined:
(a) There is no local, private or municipal waste collection for
such materials nor any reasonably located municipal or private
solid waste disposal facility to which such material may be
transported or the quantity of material is such that it cannot
reasonably be transported;
(b) There is no other reasonable method for disposal of such
materials that will not create or aggravate a hazard to public
health or safety or public or private property not violate any
provision of State or Local Law or Regulation;
(c) The existing wind speed and atmospheric stagnating conditions
will not create any nuisance conditions;
(d) Such burning will not take place within 25 feet of a public
way;
(e) Such burning will take place under such conditions as will
prevent the uncontrolled spread of the fire;
(f) The burning will comply with all applicable regulations of
the State of Maine Forestry Department and any applicable
local fire regulations.
100.2.5 Reports
The progress reports listed in this subsection shall be submitted to
the board on or before the date indicated by any person using open burning
as a method of waste disposal:
(a) November 1, 1973: Status report on forms supplied by the
department;
(b) April 15, 1974: A status report on forms supplied by the
department indicating that the necessary studies and investi-
gations and preparation of final plans is progressing to insure
compliance with paragraph C.
Such a report should include, but is not limited to, location
and method of waste disposal for which final plans are being
prepared and name of inhouse or contracted person responsible
for the preparation of such plans;
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(c) October 1, 1974: Final plans for proposed waste disposal
facilities including detailed engineering plans and necessary
site acquisition, said final plans to be subject to board
review and approval under applicable laws and regulations;
(d) April 15, 1975: Copies of executed contracts or agreements
necessary to implement the approved final plans including
acquisition of land and acquisition, installation and con-
struction of structures and equipment.
(51.5) 100.3 FUEL-BURNING EQUIPMENT PARTICULATE EMISSION STANDARD
100.3.1 Scope
This regulation shall be applicable to all fuel-burning equipment
that is fired at a rate of 3 million up to but not including 10 million
BTU/hr regardless of fuel type, and shall be effective in all ambient air
quality control regions in the State of Maine as follows:
(a) immediately for all new fuel-burning equipment, the construction
or operation of which begins after the effective date of this
emission standard unless such equipment is otherwise required to
meet a stricter standard of performance;
(b) June 1, 1975 for all existing sources.
100.3.2 Emission Standard
Any person operating fuel-burning equipment within the scope of this
regulation shall limit the particulate emissions from such fuel-burning
equipment in accordance with Figure 10.3A for a two hour sampling period.
100.3.3 Equipment Malfunction or Breakdown
Any person owning or operating fuel-burning equipment within the
scope of this emission standard that malfunctions or suffers a breakdown
causes this emission standard to be violated shall notify the Department
of Environmental Protection within 48 hours in writing.
100.3.4 Test Methods and Procedures
Test methods 1 and 5 as promulgated by the Administrator, Environ-
mental Protection Agency Rules and Regulation 60.85, "Federal Register",
Volume 36, Number 247, Thursday, December 23, 1971, or such methods as
are deemed equivalent by the Department of Environmental Protection shall
be those used to determine compliance with regulation.
(51.9) 100.4 INCINERATOR PARTICULATE EMISSION STANDARD
100.4.1 Scope
This regulation shall be applicable to all incinerators and shall be
effective in all regions in the State of Maine as follows:
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O C3
i/i 10
10 o
LU CC
LU
LU a.
=3 «C
O _l
X CD
EQUIPMENT CAPACITY RATING
(10° BTU/HR INPUT)
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(a) immediately for all new incinerators, the construction or
operation of which begins after the effective date of this
emission standard unless such incinerators are required to
meet a stricter standard of performance;
(b) June 1, 1975 for all existing incinerators.
100.4.2 Emission Standard
No person shall emit or cause to be emitted any particulate air
contaminants from:
(a) any incinerator darker than a number 1 on the Ringelmann
Chart, excluding the emission of water vapor;
(b) any Class III, IV, V, VI and VII incinerator having a designed
charging rate of 50 tons per day or less, that exceed 0.2
grains per standard cubic foot of dry flue gas for a two hour
sampling period corrected to 12 percent carbon dioxide without
the contribution of carbon dioxide from the auxiliary fuel.
(c) any class incinerator having a designed charging rate greater
than 50 tons per day, that exceed 0.08 grains per standard
cubic foot of dry flue gas for a 2 hour sampling period,
corrected to 12 percent carbon dioxide without the contribution
of carbon dioxide from the auxiliary fuel.
100.4.3 Incinerator Malfunction or Breakdown
Any person owning or operating incinerators under the scope of this
emission standard, except class I, IA, II, and IIA incinerators that
malfunction or suffer a breakdown in any component part which malfunction
or breakdown causes this emission standard to be violated shall notify
the Department of Environmental Protection within 48 hours in writing.
100.4.4 Test Methods and Procedures
Test methods 1, 3 and 5 as promulgated by the Administrator,
Environmental Protection Agency Rules and Regulations 60.85, "Federal
Register", Volume 36, Number 247, Thursday, December 23, 1971 or such
other methods as are deemed equivalent by the Department of Environmental
Protection shall be those used to determine compliance with this regulation.
(50.1.3) 100.5 GENERAL PROCESS SOURCE PARTICIPATE EMISSION STANDARD
100.5.1 Scope
A general process source shall be any emission source except fuel-
burning equipment, incinerators, mobile sources, open burning sources,
and sources of fugitive dust. This emission standard shall be effective
in all regions in the State of Maine as follows:
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(a) immediately for all new process sources the construction of
which begins after the Board adopts this emission standard
unless such sources are required to meet a stricter standard
of performance;
(b) June 1, 1975 for all existing sources.
100.5.2 Emission Standard
Any person operating any general process source within the scope of
this regulation, except kraft pulping processes, shall limit the emission
of particulate air contaminants from such emission source in accordance
with Section 100.5.4, for a 2 hour sampling period.
Any person operating any kraft pulping process shall limit the
emission of particulate air contaminants from such emission source as
follows: 4 pounds of particulate emissions per air dried ton of kraft
pulp from the recovery boiler, 1 pound of particulate air contaminants
per air dried ton of kraft pulp from the lime kiln, 0.5 pound of particulate
air contaminants per air dried ton of kraft pulp from the smelt tank for
a 2 hour sampling period.
All similar units, processes operated by the same person at the same
general location shall be combined in computing the process weight rate
for use in Table 100.5A.
100.5.4 Table 100.5A
Process Weight Emission
rate rate
(Ibs./hr.) (Ibs./hr.)
50 0.36
100 0.55
500 1.53
1,000 2.25
5,000 • 6.34
10,000 9.73
20,000 14.99
60,000 29.60
80,000 31.19
120,000 33.28
160,000 34.85
200,000 36.11
400,000 40.35
1,000,000 46.72
Interpolation of Table I for process weight rates up to 60,000
Ibs./hr. shall be computed by use of the following equation:
0.62
E=3.59P P^ 30 tons/hr.
and interpolation and extrapolation of Table I for rates in excess of
60,000 Ibs./hr. shall be computed by use of the equation:
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0.16
E=17.31P Pi 30 tons/hr.
Where E=Emissions in pounds per hour and P=process weight rate in tons
per hour.
100.5.0 Malfunction or breakdown
Any person owning or operating a source under the scope of this
emission standard that malfunctions or suffers a breakdown in any component
part that causes this emission standard to be violated shall notify the
Department within 48 hours in writing.
100.5.6 Test Methods and Procedures
Test methods 1 and 5 as promulgated by the Administrator, Environmental
Protection Agency Rules and Regulations 60.85, "Federal Register", volume
36, number 247, Thursday, December 23, 1971 or such other methods as are
deemed equivalent by the Department of Environmental Protection shall be
used to determine compliance with this regulation.
(50.2) 100.6 LOW SULFUR FUEL REGULATION
100.6.1 Scope
This regulation shall apply to those air quality control regions in
the State of Maine as indicated in Section 100.6.2.
100.6.2 Prohibitions
In Metropolitan Portland Air Quality Control Region it shall be
prohibited to sell, distribute, buy or use any fuel with a sulfur content
greater than 1.50 percent during the following periods:
(a) November 1, 1973 to April 30, 1974 inclusive:
(b) Any time after November 1, 1974.
In the Central Maine, Downeast, Aroostook County and Northwest Maine
Air Quality Control regions it shall be prohibited to sell, distribute,
buy or use any fuel with a sulfur content greater than 2.5 percent any time
after November 1, 1973.
100.6.3 Records
Any person importing or shipping residual oil or coal into the
Metropolitan Portland Air Quality Control Region shall maintain a record
of the sulfur content of such fuel for a period of 3 years.
100.6.4 Exemptions
A source that installs sulfur collecting devices that reduce sulfur
dioxide emissions to the equivalent of burning 1.50 percent sulfur fuel
shall be exempt from this regulation.
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(51.6) 100.7 SULFUR DIOXIDE EMISSION STANDARD FOR SULFITE PULP MILLS
100.7.1 Scope
This emission standard shall apply to all emissions from sulfite
type pulp mills except that sulfur dioxide produced from the burning
of coal or petroleum fuels are not to be included in this emission
standard. This emission standard shall become effective in all regions
as follows:
(a) immediately for any new sulfite type pulp mill, the construction
or operation of which begins after the effective date of this
emission standard;
(b) June 1, 1975 for all existing sources.
100.7.2 Emission Standard
No person shall emit or cause to be emitted any sulfur dioxide emissions
from any emission source within the scope of this emission standard in excess
of 40 pounds per air dried ton of sulfite pulp produced.
100.7.3 Malfunction or Breakdown
Any person owning or operating pulp mills under the scope of this
emission standard that malfunction or suffer a breakdown in any component
part, which malfunction or breakdown causes this emission standard to be
violated shall notify the Department within 48 hours in writing.
100.7.4 Test Methods and Procedures
Test methods 1 and 6 as promulgated by the Administrator, Environmental
Protection Agency Rules and Regulations 60.85, "Federal Register", volume
36, number 247, Thursday, December 23, 1971, or such other methods as are
deemed equivalent by the Department of Environmental Protection shall be used
to determine compliance with this regulation.
(3.0) 100.8 EMISSION LICENSE REGULATION
100.8.1 Scope
This regulation shall be effective in all ambient air quality control
regions in the State of Maine.
100.8.2 Emission License
Any license operating an existing emission source which is not
exempted under paragraph 100.8.6 shall file an application for an Emission
License in accordance with the schedule given in paragraph 100.8.7.
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Any person planning to operate a new emission source not exempted
under paragraph 100.8.6 or modify either an exempt existing source or
licensed source such that following construction or modification the
source would require an emission license under this regulation, shall
submit an application for an Emission License at least 60 days prior to
starting construction.
100.8.3 Criteria for Granting the License
Issuance of licenses shall be governed by 38 M.R.S.A., Section 590.
Within 30 days of receipt of a properly completed Application for Emission
License, the Board must either grant the license, deny the license or order
a hearing on the license. The burden shall be upon the person requesting
the emission license to affirmatively demonstrate to the Department of
Environmental Protection that each of the following criteria have been met.
(a) the emission is receiving the best practical treatment;
(b) the emission will not violate applicable emission standards or
can be controlled so as to not violate the applicable emission
standards;
(c) the emission either alone or in conjunction with existing emissions
will not violate applicable ambient air quality standards;
(d) the equipment to be used is both reliable in conforming to design
specifications and expected operating characteristics, and
dependable in performance.
100.8.4 Conditions on the License
The Department of Environmental Protection may impose any appropriate
and reasonable conditions to insure compliance with emission and ambient
air quality standards, regulations and orders. However, every license
shall be subject to the following standard conditions:
(a) Employees and representatives of the Department of Environmental
Protection shall be allowed access to the premises of the licensee
to perform such tests and inspections and examine all records
relating to emissions during normal business or operating hours
and at such other times as the Commissioner of the Department of
Environmental Protection deems necessary;
(b) The licensee shall make provision for sampling ports or facilities
adequate for test methods applicable to the source, and for utili-
ties and safe access to these ports or facilities;
(c) A new Emission License shall be required prior to the commencement
of any modification;
(d) Sources emitting in excess of 100 tons per year of any pollutant
shall submit to the Department within 30 days after receipt of
their license;
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(e) All applicable emission standards, regulations and orders and
local ordinances shall be complied with;
(f) Sources required to obtain an Emission License shall maintain
sufficient records to accurately complete the application for
an Emission License;
(g) A licensee not presently meeting an emission standard or regulation
which will be effective June 1, 1975 shall, as a condition of its
license, be required to comply with the following requirements
prior to the dates set forth below.
(6.0) COMPLIANCE SCHEDULE
Latest Date for Completion Increment of Progress
July 1, 1973 Submit to the Department preliminary plans
indicating anticipated control equipment or
process changes necessary to meet emission
standards or regulations.
January 1, 1974 Submit to the Department detailed engineer-
ing plans and specifications and anticipated
equipment delivery dates.
July 1, 1974 Submit to the Department proof of execution
of all necessary contracts.
January 1, 1975 Submit to the Department a report indicat-
ing status of all necessary construction.
May 1, 1975 Submit to the Department proof of completion
of construction or installation of control
equipment and/or process changes and
commencement of operations.
June 1, 1975 Submit to the Department data demonstrat-
ing compliance with all standards and
regulations.
In addition to the standard conditions imposed on any license, the
following special conditions may be imposed on a license if necessary:
(a) A source shall install and maintain adequate monitorinq equipment
and shall make public periodic reports in a manner specified by the
Department of Environmental Protection of the data obtained from
these instruments.
(b) A source shall have performed a stack test for those pollutants
specified in the condition;
(c) A source shall be required to renew its license at a more frequent
interval than 2 years;
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(d) Any other appropriate and reasonable conditions necessary to
insure compliance with emission standards anc regulations.
100.8.5 Terms of the Emission License
All Emission Licenses shall be renewed bi-annually from the date they
were initially granted. Obtaining an emission license does not relieve
the source from complying with all applicable emission standards and
ambient air quality standards.
100.8.6 Exemptions
The following sources are exempted from obtaining an Emission License
as required in Section 100.8.2:
(a) fuel burning equipment whose total heat input is less than 10
million BTU per hour;
(b) Incinerators of class I and IA;
(c) Moving Sources;
(d) open burning dumps.
100.8.7 Schedule for Compliance
Submission of Applications for an Emission License shall be in
accordance with the following table to permit sufficient time for the
Board to consider initial applications:
If source is in this do not submit
region and in tiiis county before this date
I
I
II
II
III
III
IV
V
Oxford
York
Sagadahoc
Cumberland
Oxford
Franklin
Somerset
Androscoggin
Kennebec
Waldo
Knox
Lincoln
Piscataquis
Penobscot
Washington
Hancock
Aroostook
Whole region
March
April
May
June
July
August
September
October
1.
1.
1,
1,
1,
1,
1,
1,
1972
1972
1972
1972
1972
1972
1972
1972
but submit
by this date
March
April
May
June
July
August
September
October
30,
30,
30,
30,
30,
30,
30,
30,
1972
1972
1972
1972
1972
1972
1972
1972
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100.8.8 Prohibition
No person shall emit or cause to be emitted any air contaminant from
any emission sources without a license from the Board after January 1, 1973.
(8.0) 100.9 EMERGENCY EPISODE REGULATION
100.9.1 Scope
This regulation shall apply in any region in which the ambient air
quality reaches those levels defined in Section 100.9.2.
100.9.2 Criteria
Forecast: The forecast level will be declared upon receipt of an air
stagnation advisory.
Alert: The Alert level is that concentration of pollutants at which first
stage control actions is to begin. An Alert will be declared when
any one of the following levels is reached at any monitoring site:
S02—800 ug/m3 (0.3 p.p.m.), 24-hour average.
Particulate—3.0 COHs or 375 ug/m3, 24-hour average. S02 and
particulate combined—product of S02 p.p.m., 24-hour average,
and COHs equal to 0.2 or product of S02--ug/m3, 24-hour average,
and particulate ug/m3, 24-hour average equal to 65 x 103.
CO—17 mg/m (15 p.p.m.), 8-hour average.
Oxidant (03-)—200 uq/m3 (0.1 p.p.m.)—1-hour average. N09--1130
ug/m3 (0.6 p.p.m.), 1-hour average, 282 uo/m3 (0.1? p.p.m.),.
24-hour average.
and meteorological conditions are such the pollutant concentrations
can be expected to remain at the above levels for twelve (12) or
more hours or increase unless control actions are taken.
Warning: The warning level indicates that air quality is continuing to
degrade and that additional control actions are necessary. A
warning will be declared when any one of site:
S02-1,600ug/m3 (0.6 p.p.m.), 24-hour average.
Particulate-5.0 COHs or 625ug/m3, 24-hour average.
S02 and particulate combined—product of S02 p.p.m., 24-hour
average and COHs equal to 0.8 or product of S02 ug/m3, 24-hour
average equal to 261 x 1Q3.
CO-34 mg/m3 (30 p.p.m.), 8-hour average.
Oxidant (03)-800 ug/m3 (0.4 p.p.m.), 1-hour average.
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N02-2,269ug/m3 (1.2 p.p.m.)-!-hour average; 565ug/m3 (0.3 p.p.m.),
24-hour average.
and meteorological conditions are such that pollutant concentra-
tions can be expected to remain at the above levels for twelve
(12) or more hours or increase unless control actions are taken.
Emergency: The emergency level indicates that air quality is continuing
to degrade toward a level of significant harm to the health of
persons and that the most stringent control actions are neceS"
sary. An emergency will be declared when any one of the
following levels is reached at any monitoring site:
502-2100 ug/m3 (0.8 p.p.m.), 24-hour average.
Particulate-7.0 COHs or 875 ug/m3, 24-hour average.
S02 and particulate combined—product of S02 p.p.m. 24-hour
average and COHs equal to 1.2 or product of S02ug/m3, 24-hour
average and particulate ug/m3, 24-hour average equal to
393 x 103.
CO - 46 mg/m3 (40 p.p.m.), 8-hour average Oxidant (03) - 1200
ug/m3 (0.6 p.p.m.), 1-hour average.
N02-3,000ug/m3 (1.6 p.p.m.), 1-hour average; 750 ug/m3 (0.4
p.p.m.), 24-hour average.
and meteorological conditions are such that this condition can
be expected to remain at the above levels for twelve (12) or
more hours.
100.9.3 Emission Reduction During Episodes
There is no specific emission reduction required during the forecast
stage, however, the Department will monitor the atmospheric concentrations
of the various pollutants and the prevailing meteorology on a 24-hour basis.
The following emission reduction plan shall be instituted in any
region that the alert level has been reached.
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 shall be limited to the hours between 12 noon and 4 p.m.
3. Persons operating fuel-burning equipment shall make maximum use
of mid-day (12-noon - 4 p.m.) atmospheric turbulence for boiler
lancing and soot blowing.
4. Persons operating motor vehicles should eliminate all unneces-
sary operations.
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Source Curtailment
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Alert Level
Source of air pollution
1. Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities.
3.
Manufacturing industries of
the following classifications:
Primary Metals Industries
Petroleum Refining Operation
Chemical Industries Mineral
Processing Indust. Paper and
Allied Products Grain Industry.
Control action
a. Substantial reduction by utili-
zation of fuels having low ash
and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Substantial reduction by divert-
ing electric power generation to
facilities outside of Alert Area.
a. Substantial reduction by utili-
zation of fuels having low ash
and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Substantial reduction of steam
load demands consistent with
continuing plant operations.
a. Substantial reduction of air
pollutants from manufacturing
operations by curtailing, post-
poning or deferring production
and all operations.
b. Maximum reduction by deferring
trade waste disposal operations
which emit solid particles, gas
vapors or malodorous substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
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The following emission reduction plar, shall be instituted in any
region that the warning level has been reached.
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.
3. Persons operating fuel-burning equipment which requires boiler
lancing or soot blowing shall perform such operations only
between the hours of 12 noon and 4 p.m.
4. Persons operating motor vehicles must reduce operations by the
use of car pools and increased use of public transportation
and elimination of unnecessary operation.
Source Curtailment
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Warning
Level.
Source of air pollution
1. Coal or oil-fired electric
power generating facilities.
2. Oil and oil-fired process
steam generating facilities.
Control action
a. Maximum reduction by utiliza-
tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Maximum reduction by diverting
electric power generation to
facilities outside of Warning
Area.
a. Maximum reduction by utiliza-
tion of fuels having the low-
est available ash and sulfur
content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Making ready for use a plan
of action to be taken if an
emergency develops.
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Manufacturing industries
which require considerable
lead time for shut-down
including the following
classifications.
Petroleum Refining Chemical
Industries Primary Metals
Industries Glass Industries
Paper and Allied Products.
3. Manufacturing industries a. Maximum reduction of air
contaminants from manufactur-
ing operations by, if necessary
assuming reasonable economic
hardships by postponing pro-
duction and allied operation.
b. Maximum reduction by deferring
trade waste disposal operations
which emit solid particles,
gases, vapors, or malodorous
substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
4. Manufacturing industries require a. Elimination of air pollutants
from manufacturing operations
by ceasing, curtailing, post-
poning or deferring production
and allied operations to the
extent possible without causing
injury to persons or damage to
equipment.
b. Elimination of air pollutants
from trade waste disposal pro-
cesses which emit solid
particles, gases, vapors, or
malodorous substances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
The following emission reduction plan shall be instituted in any region
that the emergency level has been reached.
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.
Manufacturing industries require
relatively short lead times for
shut-down including the following
classifications.
Primary Metals Industries Chemi-
cal Industries Mineral Processing
Industries Grain Industry.
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3. All places of employment described below shall immediately cease
operations causing emissions of air contaminants.
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 excepting
such agencies which are determined by the chief administrative
officer of local, county, or state government, authorities,
joint meetings and other public bodies to be vital for public
safety and welfare and the enforcement of the provisions of
this order.
f. All retail trade establishments except pharmacies, surgical
supply distributors, and stores primarily engaged in the sale
of food.
g. Banks, credit agencies other than banks, securities and
commodity brokers, dealers, exchanges and services; offices
of insurance carriers, agents and brokers, real estate offices.
h. Wholesale and retail laundries, laundry services and cleaning
and dyeing establishments, photographic studios; beauty shops,
barber shops, shoe repair shops.
i. Advertising offices, consumer credit reporting, adjustment
collection agencies, duplicating, addressing, blueprinting,
photocopying, mailing, mailing list and stenographic services,
equipment rental services, commercial testing laboratories.
j. Automobile repair, automobile services, garages.
k. Establishment 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.
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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 operations which emit air pollutants
to the extent possible without causing injury to persons or damage
to equipment.
5. The use of motor vehicles is prohibited except in emergencies
with the approval of local or State police.
Source Curtailment
Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Emergency
Level.
Source of air pollution
1. Coal or oil-fired electric
power generating facilities.
2.
Coal and oil-fired process
steam generating facilities.
3.
Manufacturing industries of
the following classifications.
Primary Metals Industries
Petroleum Refining Chemical
Industries Mineral Processing
Industries Grain Industry
Paper and Allied Products.
Control action
a. Maximum reduction by utiliza-
tion of fuels having lowest
ash and sulfur content.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
c. Maximum reduction by diverting
electric power generation to
facilities outside of Emergency
Area.
a. Maximum reduction by reducing
heat and steam demands to
absolute necessities consistent
with preventing equipment damage.
b. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
and soot blowing.
c. Taking the action called for in
the emergency plan.
a. Elimination of air pollutants
from manufacturing operations by
ceasing, curtailing, postponing
or deferring production and
allied operations to the extent
possible without causing injury
or damage to equipment.
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b. Elimination of air pollutants
from trade waste disposal pro-
cesses which emit solid particles,
gases, vapors or malodorous sub-
stances.
c. Maximum reduction of heat load
demands for processing.
d. Maximum utilization of mid-day
(12 noon to 4 p.m.) atmospheric
turbulence for boiler lancing
or soot blowing.
In addition as a condition to their license, each source emitting more
than 100 tons per year of any pollutant shall submit an acceptable contingency
plan specific for its operation.
(7.0) 100.9.4 Notification of Malfunction or Breakdown
Any person operating equipment that is permitted to operate during an
emergency episode, that malfunctions or breaks down causing any emission
standard, regulation or standby emergency episode to the violated, shall -
notify the Department of Environmental Protection within 4 hours by telephone.
100.9.5 Additional Orders
In addition to the emission-reduction and source curtailments required
above, the Board may, pursuant to 38 M.R.S.A., Section 593, issue such
additional emergency orders as it deems necessary.
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QUAL/TY CONTROL
HEGIOU
-METROPOLITAN PORTLAND
.AIR QUALITY CONTROL REGION
-24-
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FEDERALLY PROMULGATED
REGULATIONS
-25-
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(10.0) 52.1026 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity.by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
- ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials,'if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment.
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review, pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1029 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) .The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate natter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to'concentrations"of"particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States,.Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(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
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(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)
(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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