U.1 DEPMTMBIT OF COMMERCE
                                 National Ttctakai Information Senrica

                                 PB-290  270
Air Pollution  Regulations  in State
Implementation Plans: Massachusetts
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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&ER&
                                          PB 290270
             United States
             Environmental Protection
             Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-450/3-78-071..
August 1978
             Air
Air Pollution Regulations
in  State Implementation
Plans:
Massachusetts
                                          D)r3^M-^<=--' ••")
                      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-450/3-78-071
2:
3. RECIPIENT'S ACCESSION-NO.
£.6 £Qc 270
4. TITLE AND SUBTITLE 5. REPORT DATE
Air Pollution Regulations in State Implementation i August 1978
•Plans: Massachusetts
7. AUTHOR(S)

9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
Jg 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
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group

19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage) 22. PRICE cr^ / H f
Unclassified /? & 7 / £•&!
EPA Form 2220-1 (9-73)

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                              EPA-450/3-78-071
    Air Pollution  Regulations
in  State Implementation Plans
                Massachusetts
                       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-450/3-78-071
                                  11

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                             INTRODUCTION


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

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

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

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

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

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

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                            SUMMARY SHEET

                                 OF

                   ERA-APPROVED REGULATION CHANGES
                            MASSACHUSETTS
Submittal Date

   2/22/72


   8/28/72



  11/14/74

   6/25/76

   6/25/76


   7/22/76

  12/30/76

  12/30/76

   4/1/77
Approved Date

   5/31/72


  10/28/72



  10/28/76

   2/15/77

   5/19/77


   2/1/77

   7/12/77

   9/2/77

   8/22/77
      Description

Emergency Episode Plan:
Supplement

Definitions, Regs.  2.1,
2.5, 4.2, 6.1.2, 6.3.1,
8.1.6, 9.1, 15

Reg. 50

Reg. 5.1.2(e) for CMAPCD

Reg. 5.1 w/provisions for
Fitchburg

Reg. 5.1.2(d) for PVAPCD

Reg. 5.1.2(c) for MVAPCD

Reg. 5.1.2(f) for SEMAPCD

Reg. 5 for MBAPCD

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                        FEDERAL REGULATIONS
Section Number     •      Description
   52.1124                Regulation for Review of New or Modified
                          Indirect Sources
   52.1128                Transportation and Land Use Control
   52.1134 -              Transportation Control Related Regulations
      52.1145
   52.1146                Regulation on Architectural Coatings
   52.1147                Federal  Compliance Schedule
   52.1148 -              Transportation Related Regulations
      52.1155
   52.1156                Regulation for Public Availability of Emissions
                          Data
   52.1160 -              Transportation Control Related Regulations
      52.1164
   52.1165                Prevention of Significant Deterioration
                                VI

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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
                                            VII

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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
                                          VIM

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TABLE OF  CONTENTS

Revised Standard
Subject Index
(1.0)
(2.0)
(3.0)
(10.0)
(51.21)
(51.21)
(51.5)
(50.2)
(51.6)
(50.2)
(50.1.2)
(51.13)
(51.9)
(50.1.3)
(50.6)
(50.7)
(12.0)
(13.0)
STATE
Regulation
Number
	
1
2
3
4
5
5
6
7
8
9
10
11
12
REGULATIONS
Title
Definitions
General Regulations to
Prevent Air Pollution
Plans Approval and
Emission Limitations
Nuclear Energy
Utilization Facilities
Fossil Fuel Utilization
Facilities
Fuels - All AQCR's unless
stated otherwise
MBAPCD Only
Visible Emissions
Open Burning
Incinerators
Dust and Odor
Noise
Transportation Media
Registration Record Keeping

Page
1
6
6
17
17
18
25
30
32
34
35
36
36

           and  Reporting                   37
         IX

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Revised Standard
Subject Index
(9.0)
(9.0)
(13.0)
(50.7)
_^_
(5.0)
(16.0)
(15.0)

(2.0)

Regulation
Number
13

14
15
16-49
50
51
52
53-59
60
REGULATIONS FOR THE
OF AIR POLLUTION
Title
Stack Testing

Monitoring Devices and
Reports
	
(Reserved for future use)
Variances
Hearings Relative to Orders
and Approvals
Enforcement Provisions
(Reserved for future use)
Severability
PREVENTION AND/OR ABATEMENT
EPISODE AND AIR POLLUTION
INCIDENT EMERGENCIES
Revised Standard
Subject Index
(8.0)
(1.0)
(8.0)
Regulation
Number
1
2
3
Title
Introduction
Definitions
Air Pollution Episode
                                   Criteria
                                                                  Page


                                                                    38



                                                                    39


                                                                    40

                                                                    40

                                                                    40

                                                                    41


                                                                    41

                                                                    41

                                                                    41
                                                                  Page


                                                                    43

                                                                    44

                                                                    46
(8.0)                  4           Air Pollution Episode            50
                                   Potential Advisories

(8.0)                  5           Declaration of Air
                                   Pollution Episodes and           50
                                   Incidents

(8.0)                  6           Termination of Air
                                   Pollution Episodes and           50
                                   Incident Emergencies

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Revised Standard
Subject Index
(8.0)
(8.0)
(8.0)
	
(8.0)

(5.0)
(16.0)
(15.0)

(2.0)
Regulation
Number
7
8
9
10-14
15
16-19
20
21
22
23-29
30
                                                   Title                 Page

                                         Emission  Reductions               51
                                         Strategies
                                         Emission  Reduction Plans          53
                                         (ERP)
                                         Prohibition of Air Pollution     54
                                        (No regulations)                   54
                                         Air Pollution Incident           54
                                         Emergency (APIE)
                                        (No regulations)                   54
                                         Variances                        55
                                         Hearing                          55
                                         Enforcement Provisions           55
                                        (No regulations)                   55
                                         Severability                     55
                       FEDERALLY. PROMULGATED  REGULATIONS
Revised Standard
  Subject Index
     (10.0)

     (12.0)

     (12.0)
     (12.0)

     (12.0)
Section
Number
52.1124

52.1128

52.1134

52.1135

52.1138
          Title                Page
Review of New or                 57
Modified Indirect Sources
Transportation and Land          67
use controls
Regulation limiting              69
on-street parking by
commuters
Regulation for                   71
parking freeze
Regulation for                   76
Computer carpool
matching
                                       XI

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Revised Standard        Section                    Title                Page
  Subject Index         Number

     (12.0)             52.1139          Preferential  bus/carpool          75
                                         treatment

     (12.0)             52.1140          Regulation for Inspection        79
                                         and maintenance

     (12.0)             52.1144          Regulation on evaporative        82
                                         emission from retail
                                         gasoline outlets

     (50.4)             52.1145          Regulation on organic            84
                                         solvents use

    (51.21)             52.1146          Regulation on architectural       88
                                         coatings

      (6.0)             52.1147          Federal  Compliance schedules     88

     (12.0)             52.1149          Regulation limiting on-street    92
                                         parking

     (12.0)             52.1151          Regulation for computer          94
                                         carpool  matching

     (12.0)             52.1152          Regulation for traffic           95
                                         flow improvements

     (12.0)             52.1153          Regulation for street            95
                                         closing

     (12.0)             52.1154          Regulation for semiannual        96
                                         inspection and maintenance

     (13.0)              52.1155          Semiannual and quarterly          98
                                         reports

     (14.0)              52.1156          General  Requirements              99

     (13.0)              52.1160          Monitoring reports              101

     (12.0)              52.1161          Incentives for reduction         102
                                         in single-passenger
                                         commuter vehicle use

     (12.0)              52.1162          Regulation for bicycle use      109

     (12.0)              52.1163          Additional control measures      114
                                         for East Boston
                                      XII

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Revised Standard
  Subject Index

     (12.0)


     (17.0)
Section
Number

52.1164


52.1165
          Title                Page
Localized high concentrations   116
carbon monoxide

Prevention of Significant       118
Deterioration
                                       XIII

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                  THE COMMONWEALTH OF MASSACHUSETTS

                      DEPARTMENT OF PUBLIC HEALTH
                   DIVISION OF ENVIRONMENTAL HEALTH
                     BUREAU OF AIR QUALITY CONTROL
                               Room 320
                         600 Washington Street
                     Boston, Massachusetts 02111
                              REGULATIONS

                              AS AMENDED

                                  FOR

                     THE CONTROL OF AIR POLLUTION

                                IN THE

               BERKSHIRE AIR POLLUTION CONTROL DISTRICT

         CENTRAL MASSACHUSETTS AIR POLLUTION CONTROL DISTRICT

            MERRIMACK VALLEY AIR POLLUTION CONTROL DISTRICT

           METROPOLITAN BOSTON AIR POLLUTION CONTROL DISTRICT

             PIONEER VALLEY AIR POLLUTION CONTROL DISTRICT

       SOUTHEASTERN MASSACHUSETTS AIR POLLUTION CONTROL DISTRICT



                             MASSACHUSETTS

             EPA - APPROVED REGS. & PROMULGATED T.C.P. REGS.

Adopted under the provisions of Section 142D, Chapter 11, General Laws,
as inserted by Chapter 836 of the Acts of 1969
             Adopted to become effective June 1, 1972
                                and
          Amended to become effective September 1, 1972
                                   XIV

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        PREAMBLE

             The purpose of these regulations is to prevent the occurrence of con-
        ditions of air pollution where such do not exist and to facilitate the
        abatement of conditions of air pollution where and when such occur.  They
        are designed to attain, preserve, and conserve the highest possible quality
        of the ambient air compatible with needs of society.
(1.0)     DEFINITIONS
             When  used  in these regulations or in communications, notices or orders
         relative thereto, the  following words and phrases shall have the meanings
         ascribed to  them below:

             1.  AEROSOL means a system of solid or liquid particles dispersed in
                 a gas.

             2.  AIR means atmosphere.

             3.  AIR CONTAMINANT means any substance or man-made physical phenomenon
                 in  the ambient air  space and includes, but  is not limited to, dust,
                 flyash, gas,  fume,  mist, odor, smoke, vapor, pollen, microorganism,
                 radioactive material, radiation, heat, sound, any combination
                 thereof, or any decay or reaction product thereof.

             4.  AIR CONTAMINATION SOURCE means any place at or from which any air
                 contaminant is emitted to the ambient air space.

             5.  AIR POLLUTION means the presence in the ambient air space of one or
                 more air contaminants or combinations thereof in such concentrations
                 and of such duration as to:

                 a.  cause a nuisance;
                 b.  be injurious, or be on the basis of current information,
                     potentially injurious to human or animal life, to vegetation,
                     or to property; or
                 c.  unreasonably  interfere with the comfortable enjoyment of life
                     and property  or the conduct of business.

             6.  AMBIENT AIR SPACE means the unconfined space occupied by the
                 atmosphere above  the geographical area of the District.

             7.  B.t.u. means  British thermal unit, the amount of heat necessary
                 to  raise the  temperature of one pound of water from 39  F to 40 F.

             8.  CHART  means the Ringelmann Scale for grading the density of smoke,
                 as  published  by the United States Bureau of Mines and as referred
                 to  in  the Bureau  of Mines  Information Circular No. 8333  or any
                 smoke  inspection  guide approved by the Department.

             9.  DEPARTMENT means  the Department of Public Health.
                                              -1-

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10.  DISTRICT means the Berkshire (BAPCD), Central Massachusetts
     (CMAPCD), Mefrimack Valley (MVAPCD), Metropolitan Boston
     (MBAPCD), Pioneer Valley (PVAPCD), and Southeastern Massa-
     chusetts (SMAPCD) Air Pollution Control  Districts.

11.  DUST means finely divided solid matter.

12.  EMISSION means any discharge or release of an air contaminant to
     the ambient air space.

13.  FACILITY means any installation or establishment and equipment
     associated therewith capable of emissions.

14.  FLYASH means the aerosolized solid component of burned or
     partially burned fuel.  "Soot" and "cinders" are included within
     the meaning of the term "flyash."

15.  FOSSIL FUEL UTILIZATION FACILITY means any furnace(s), fuel burn-
     ing equipment, boiler(s), or any appurtenance thereto used for
     the burning of fossil fuels, for the emission of products of
     combustion, or in connection with any process which generates
     heat and may emit products of combustion, but does not mean a
     motor vehicle.

16.  FUEL means any solid, liquid, or gaseous material such as, but not
     limited to, coal, gasoline, manufactured gas, natural gas, oil, or
     wood, used for the production of heat or power by burning.

     -  DISTILLATE FUEL OIL means No. 1 or No. 2 fuel oil.
        Distillate fuel oil having a sulfur content of 0.17 pounds of
        sulfur per million B.t.u. heat release potential is approxi-
        mately equal to distillate fuel oil having a sulfur content of
        0.3 percent, by weight.

     -  FOSSIL FUEL means coal, coke, distillate oil, residual oil, or
        natural or manufactured gas.

     -  RESIDUAL FUEL OIL means No. 4, No. 5, or No. 6 fuel oil.
        Residual fuel oil having a sulfur content of 0.55 and 0.28
        pounds of sulfur per million B.t.u. heat release potential is
        approximately equal to residual fuel  oil having a sulfur con-
        tent of 1.0 and 0.5 percent, by weight, respectively.

17.  FUEL ADDITIVE means any substance which is not a natural component
     of the fuel to which it may be added or in conjunction with which
     it may be used.

18.  FUME means any aerosol resulting from chemical reaction, distillation,
     or sublimation.

19.  FURNACE means any enclosed structure designed to produce heat frorr.
     the burning of a fuel therein, but does not mean open hearths,
     incinerators, stoves for cooking, fireplaces, or equipment for the
     melting, reclaiming, or refining of metals or maple syrup.
                                  -2-

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20.  GAS means the state of matter having neither independent shape nor
     independent volume but having a tendency to expand and diffuse
     infinitely.

21.  HAND-FIRED FURNACE means any furnace in which fuel is manually
     placed directly on the hot fuel bed but does not mean stoves or
     other equipment used for the cooking of food, or fireplaces.

22.  INCINERATOR means any article, machine, equipment, contrivance,
     structure, or part of a structure, used primarily for the re-
     duction of combustible wastes by burning.

     22.1  COMMERCIAL OR INDUSTRIAL INCINERATOR means any incinerator
           operated by any commercial or industrial establishment
           primarily for the reduction of refuse generated by said
           establishment.

     22.2  DOMESTIC INCINERATOR means any incinerator used primarily
           for the reduction of domestic refuse generated on the
           premi ses.

     22.3  FLUE-FED INCINERATOR means any incinerator provided with a
           single flue which serves as both the charging chute and the
           duct for conduction of the products of combustion to the
           ambient air space.

     22.4  MODULAR INCINERATOR means any incinerator of a standard
           design and identifiable by the manufacturer's markings.

     22.5  MUNICIPAL INCINERATOR means any  incinerator operated by any
           person primarily for the reduction of refuse generated by
           the public at large.

     22.6  SPECIAL INCINERATOR means any incinerator designed for a
           special purpose such as but not  limited to burning of
           biological, pathological, or toxicological wastes or for a
           specific facility.

23.  MAJOR SOURCES for the purposes of Regulation 2.5 is defined as any
     fossil fuel utilization facility having an energy input capacity
     rated by the Department as greater than 30,000,000 B.t.u's per
     hour;  any incinerator having a charging rate greater than 1000 Ibs.
     per hour, any asphalt batching plant,  ferrous or non-ferrous
     foundry, or aggregate manufacturing or processing plant.

24.  MOTOR VEHICLE means any equipment or mechanical device propelled
     primarily on land by power other than  muscular power but does  not
     mean railroad and railway engines and  cars,  vehicles operated  by
     the system known as trolley motor or trackless trolley, or devices
     used for domestic purposes.
                                 -3-

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25.  MIST means any liquid aerosol  formed by the condensation of vapor
     or by the atomization of liquids.

26.  NOISE means sound of sufficient intensity and/or duration as to
     cause or contribute to a condition of air pollution.

27.  ODOR means that property of gaseous, liquid, or solid materials
     that elicits a physiologic response by the human sense of smell.

28.  OPACITY means that characteristic of matter which renders it cap-
     able of interfering with the transmissions of rays of light and
     causes a degree of obscuration of an observer's view.

29.  OPEN BURNING means burning under such conditions that the products
     of combustion are emitted directly to the ambient air space and
     are not conducted thereto through a stack, chimney, duct, or pipe.
     Open burning includes above or underground smoldering fires.

30.  ORGANIC MATERIAL means any chemical compound of carbon excluding
     carbon monoxide, carbon dioxide, carbonic acid, metallic carbonates,
     metallic carbides and ammonium carbonates.

31.  PARTICULATE means any material that exists in a finely divided form
     as a liquid or solid at ambient air temperatures, humidity, and
     pressures.

32.  PERSON means any individual, partnership, association, firm,
     syndicate, company, trust, corporation, department, authority,
     bureau, agency, political subdivision of the Commonwealth, law
     enforcement agency, fire fighting agency, or any other entity
     recognized by law as the subject of rights and duties.

33.  PROCESS WEIGHT PER HOUR means the total weight of all materials
     introduced into any specific process that may cause any emissions
     of particulate matter.  Solid fuels charged are considered as part
     of the process weight, but liquid and gaseous fuels and combustion
     air are not.  For a cyclical or batch operation, the process weight
     per hour is derived by dividing the total process weight by the
     number of hours in one complete operation from the beginning of any
     given process to the completion thereof, excluding any time during
     which the equipment is idle.  For a continuous operation, the
     process weight per hour is derived by dividing the process weight
     for a typical period of time.

34.  RADIATION means any ionizing or non-ionizing electromagnetic or
     particulate radiation or any sonic, infrasonic, or ultrasonic wave.

35.  RADIOACTIVE MATERIAL means any material or materials in combination
     (solid, liquid, or gaseous) which emit(s) ionizing radiation.
                                -4-

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36.   REFUSE means any animal,  vegetable,  or mineral  solid,  liquid,  or
     gaseous waste.   It includes, but is  not limited to,  rubbish,  garbage,
     ashes, construction wastes, industrial wastes,  commercial  wastes,
     demolition wastes, agricultural  wastes, abandoned vehicles,  and any
     unwanted or discarded material.

37.   REGISTRY means  the Registry of Motor Vehicles.

38.   SMOKE means the visible aerosol, which may contain flyash, resulting
     from combustion of materials but does not mean  condensed water vapor.

39.   SOUND means the phenomenon of alternate increases and  decreases in
     the pressure of the atmosphere,  caused by radiations having a
     frequency range of from twenty (20)  to twenty thousand (20,000)
     cycles per second, that elicits  a physiologic response by the human
     sense of hearing.

40.   STANDARD OPERATING PROCEDURE (S.O.P.) means the specific procedure
     for operation of, and which minimizes the emission from, an air
     contamination source.

41.   SUBSTANTIAL RECONSTRUCTION means any physical change in, or change
     in the method of operation of a facility or its appurtenances which
     changes the amount of emissions from such facility.

42.   VAPOR means the gaseous state of certain substances that can exist
     in equilibrium with their solid or liquid states under standard con-
     ditions.

43.   EXISTING FACILITY means any facility that is in operation on or
     before June 1, 1972, or any proposed facility of which the con-
     struction, substantial reconstruction or alteration of which has
     been approved in writing by the Department on or before June 1,
     1972.  AIT facilities as specified in the Federal Register, Volume
     36, No. 247, December 23, 1971, the construction or modification of
     which was initiated after August 17, 1971 shall not be defined as
     existing facilities.
                                 -5-

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 (2.0)   REGULATION  1.   General  Regulations  to  Prevent  Air  Pollution

            1.1   No  person  owning,  leasing,  or  controlling  the  operation  of  any  air
         contamination  source  shall  willfully,  negligently,  or  through  failure to  provide
         necessary equipment or  to  take  necessary  precautions,  permit any emission from
         said  air contamination  source or sources  of such quantities of air  contaminants
         which will  cause,  by  themselves or  in  conjunction  with other air contaminants,
         a  condition of air pollution.

 (3.0)   REGULATION  2.   Plans  Approval and Emission  Limitations
(10.0)	
(51.21)      2.1   General

                 2.1.1   No  person  shall  construct, substantially reconstruct or  alter
                        any facility regulated  herein that  may  cause or contribute to  a
                        condition  of air pollution unless the plans, specifications,
                        proposed Standard Operating  Procedure,  and the  Proposed
                        Maintenance Procedure for  such  facility have been submitted to
                        the Department for approval  and approval  has been granted  in
                        writing.

                        (a) Application for approval to construct, substantially  re-
                            construct,  or alter any facility shall be  made  on forms
                            furnished by the Department, or by other means  prescribed
                            by  the Department.
                        (b) Each  application shall  be  signed by the applicant.
                        (c) Each  application shall  be  accompanied by site information,
                            plans, descriptions,  specifications, and drawings showing
                            the design  of the  facility, the nature and amount of
                            emissions,  and  the manner  in which it will be operated and
                            controlled.
                        (d) Any additional  information, plans, specifications,  evidence
                            of  documentation that the  Department may require shall be
                            furnished upon  request.
                        (e) All plans and specifications submitted to  the Department
                            shall  bear  the  seal and signature  of a professional engineer
                            registered  in the  Commonwealth under the provisions of
                            Chapter 112 of  the General Laws as amended.   Such
                            approval shall  not affect  the  responsibility of the owner
                            or  operator to  comply with ether applicable  regulations.

                 2.1.2   No  approval will be  issued in instances where:

                        (a) Emissions from  such a facility would result  in  air  quality
                            exceeding the Massachusetts or National Ambient Air
                            Quality Standards, or
                        (b) Emissions from  such facility would exceed  the applicable
                            regulatory  emission limitations as specified in
                            Regulation  2.5, or
                        (c) Emissions from  such a facility would result  in  violation
                            of  the provisions  of  any of these  Regulations.
                                              -6-

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        2.1.3  The Department will  act within 60 days  on  an  application  and
               will  notify the applicant in  writing of its approval,
               conditional approval,  or denial  of the  application.  The
               Department will set forth its reasons for  any denial.   The
               Department may impose  any reasonable condition upon  an  approval,
               including conditions requiring the facility to be provided
               with:

               (a)  Sampling ports of a size, number,  and location  as  the
                    Department may require,
               (b)  Safe Access to each port,
               (c)  Instrumentation to monitor and record emission  data, and
               (d)  Any other sampling and testing facility.

        2.1.4  The Department may cancel an approval if the  construction is
               not begun within 2 years from the date of issuance or  if,
               during the construction, work is suspended for 1  year.

   2.2  Department Participation.  The Department, in its evaluation  for
approval of the design for construction, reconstruction,  alteration,  the
Standard Operating Procedure, and proposed maintenance procedure for  any
facility, will limit itself to consideration of such matters which, in its
opinion, may cause or contribute to a condition of air pollution.  The
Department will consult upon request concerning design criteria  and design of
any facility prior to submittal of plans.

   2.3  Application.  Regulation 2 in its entirety shall  apply to:   fossil
fuel utilization facilities having energy input capacities greater  than  three
million (3,000,000) B.t.u.'s per hour, incinerators, industrial  facilities
such as asphalt batching plants, foundries, chemical products manufacturing
plants, petroleum products manufacturing plants, aggregate manufacturing
plants, food and food products plants, wood products plants, dry cleaning
establishments, paint and varnish manufacturing plants, paper manufacturing
plants, leather manufacturing plants, concrete manufacturing plants,  metal
coating and treating plants, and such other facilities as the Department may
require.

   2.5  Compliance with Emission Limitations

        2.5.0  Persons owning, leasing, or controlling the operation of any
               facility described in Regulation 2.3 (field of application)
               shall achieve full compliance, by January 31, 1974,  with  the
               regulatory emission limitation applicable to such facility  or
               take the actions shown below:

               (a)  Justify to the Department that additional time  is needed
                    and
               (b)  Submit a proposed plan and compliance schedule  for said
                    facility to the Department not later than December 31,
                    1972.
                                     -7-

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               Justifications for additional time to comply with regulatory
               emission limitations, and the submittal of proposed plans and
               compliance schedules are subject to review and approval  by the
               Department and must provide for compliance with applicable
               regulatory emission limitations as expeditiously as practicable,
               but in no case later than July 31, 1975.  All compliance
               schedules shall provide for periodic increments of progress
               including submittal of engineering plans, ordering of equipment
               after plan approval, installation date after confirmation of
               order by the manufacturer and the date by which the applicable
               regulatory emission limitation will be achieved after equip-
               ment is in satisfactory operation.

Note:  All approved compliance schedules must be transmitted to E.P.A.  through
this Department.  Failure of any person to submit compliance schedules  in
accordance with the above dates may result in State and Federal legal enforce-
ment actions.

   For purposes of Regulation 2.5.1, 2.5.2, and 2.5.3 the following cities and
towns are defined as critical areas of concern:

   Berkshire Air Pollution Control District - Adams, Dal ton, Lee, North Adams,
Pittsfield

   Central Massachusetts Air Pollution Control District - Athol, Auburn,
Boylston, Fitchburg, Gardner, Grafton, Hoi den, Leicester, Leominster,
Mi 11 bury, Shrewsbury, Southbridge, Webster, West Boylston, and Worcester

   Merrimack Valley Air Pollution Control District - Haverhill, Lawrence,
Lowel1, and Newburyport

   Metropolitan Boston Air Pollution Control District - Arlington, Belmont,
Boston, Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Everett,
Lynn, Maiden, Medford, Mel rose, Milton, Needham, Newton, Peabody, Quincy,
Revere, Salem, Saugus, Somerville, Stoneham, Wakefield, Waltham, Watertown,
Weymouth, Winchester, Winthrop, and Woburn

   Pioneer Valley Air Pollution Control District - Amherst, Chicopee, East
Hampton, East Longmeadow, Greenfield, Hadley, Holyoke, Longmeadow, Ludlow,
Northampton, Orange, Palmer, Springfield, Ware, Westfield, and West Springfield

   Southeastern Massachusetts Air Pollution Control District - Attleboro,
Fall River, New Bedford, Sandwich, Somerset, and Taunton

        2.5.1  No person owning, leasing, or controlling the operation of
               any fossil fuel utilization facility shall cause, suffer, allow,
               or permit emissions therefrom in excess of those emission
               limitations set forth in the following tables and within the
               time schedule specified in Regulation 2.5.
                                      -8-

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                         EMISSIONS LIMITATIONS

                   Fossil  Fuel  Utilization Facilities
Participates
   Facility Size
Million B.t.u./hr. Input
   3 - 250
Greater than 250
                         New
0.10
0.05*
                      Emission Limitation
                   IDS.  (particulate)/million B.t.u.

                   Existing           Existing
                           (critical  area of concern)
0.15
0.15
0.12
0.12
   Any emission testing to be compared to these limitations must be conducted
under isokinetic sampling conditions and in accordance with method 5, as
specified in the Federal Register, Volume 36, No. 247, December 23, 1971, or
by another method correlated to the above method to the satisfaction of the
Department.

   *  An emission rate of 0.10 Ibs. (particulate) per million B.t.u. will be
      allowed if a person is using equipment designed to control or reduce
      sulfur dioxide at the same time or in the same process so that the
      provisions of Regulation No. 5 are satisfied.
Oxides of Nitrogen

   Facility Size
Million B.t.u./hr. Input
Greater than 250
                     Emission Limitation
                    Pounds/million B.t.u.

                           New

                           0.3
   Any emissions testing to be compared to this limitation must be conducted
in accordance with method 7, as specified in the Federal Register, Volume 36,
No. 247, December 23, 1971, or by another method which has been correlated to
the above method to the satisfaction of the Department.  This emission
limitation shall not apply to gas turbine or diesel engines.

        2.5.2. No person owning, leasing, or controlling the operation of any
               industrial facility shall cause, suffer, allow, or permit
               emissions therefrom in excess of those emission limitations
               set forth in the following tables and within the time schedules
               specified in Regulation 2.5.
                                      -9-

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                         EMISSIONS LIMITATIONS

                         Industrial Facilities
Participates
                         New
Ferrous Cupola Foundries

   Production            0.10
   Jobbing               0.40

Non-Ferrous Foundries    0.10
                       Emission Limitation
                    Ibs.  (particulate)/1000 Ib.  flue gas

                    Existing          Existing
                            (critical  area of concern)
                      0.25
                      0.40

                      0.15
                   0.10
                   0.40

                   0.10
   Differentiation Between Jobbing and Production Foundries

   Cupolas in a jobbing foundry will be run intermittently for just long
enough at one time to pour the molds that are ready on the foundry floor job
by job.

   Production foundry cupolas will melt continuously to pour a succession
of molds that are constantly being prepared to receive a continuous flow of
iron.
Asphalt Batching Plants

Production Weight
   Tons/Hour
   100
   150
   200
   250
   300
   350
   400
                         New
 4.5
 6.7
 9.0
11.3
14.2
15.9
18.1
                       Emission Limitation
                       Ibs.  (particulate)/hr.

                    Existing          Existing
                            (critical area of concern)
 9.0
13.4
18.0
22.6
28.3
31.3
 4.5
 6.7
 9.0
36.2
11.3
14.2
15.9
18.1
                                    -10-

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Other Industrial Sources

Process Weight
  Pounds/Hour
                         New
   Emission Limitation
   Ibs.  (particulate)/hr.

Existing          Existing
        (critical  area of concern)
50
100
' 150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
0.12
0.23
0.33
0.42
0.51
0.60
0.67
0.75
0.82
0.89
0.95
1.01
1.06
1.12
1.17
1.22
1.27
1.31
1.36
1.40
1.49
1.56
1.63
1.70
1.77
1.83
1.89
1.96
2.02
2.07
2.12
2.17
2.22
2.28
2.32
2.37
2.42
2.46
2.51
2.55
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
. 3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
0.12
0.23
0.33
0.42
0.51
0.60
0.67
0.75
0.82
0.89
0.95
1.01
1.06
1.12
1.17
1.22
1.27
1.31
1.36
1.40
1.49
1.56
1.63
1.70
1.77
1.83
1.89
1.96
2.02
2.07
2.12
2.17
2.22
2.28
2.32
2.37
2.42
2.46
2.51
2.55
                                     -11-

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Other Industrial Sources (Continued)

Process Weight
  Pounds/Hour

                         New
   Emission Limitation
   IDS.  (particulate)/hr.

Existing          Existing
        (critical  area of concern)
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
2.59
2.64
2.68
2.72
2.76
2.81
2.85
2.89
2.93
2.97
3.01
3.04
3.08
3.11
3.15
3.19
3.23
3.26
3.30
3.39
3.52
3.69
3.86
4.03
4.20
4.36
4.52
4.68
4.84
5.0
5.32
5.64
5.99
6.25
6.57
6.87
7.18
7.49
7.79
8.10
11.11
14.15
17.15
20.0
5.18
5.27
5.36
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
. 9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0
2.59
2.64
2.68
2.72
2.76
2.81
2.85
2.89
2.93
2.97
3.01
3.04
3.08
3.11
3.15
3.19
3.23
3.26
3.30
3.39
3.52
3.69
3.86
4.03
4.20
4.36
4.52
4.68
4.84
5.0
5.32
5.64
5.99
6.25
6.57
6.87
7'. 18
7.49
7.79
8.10
11.11
14.15
17.15
20.0
                                     -12-

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Other Industrial  Sources

When process weight exceeds 60,000 pounds per hour,  emission  rate  should  be
determined as follows:

   Existing sources                     E = 55P '    - 40

   New sources                          E = 1/2 (55POJ1  40)

   Existing sources in  critical  areas               n ,,
   of concern                           E = 1/2 (55PU'" - 40)

                                        P = Process  weight in tons per hour
                                        E = Emission rate in  pounds per hour

   Examples of emission limitations for process weight rates  greater than
60,000 pounds per hour  are shown on the following  table.

Process Weight           New                Existing          Existing
                                                       (critical  area of concern)
70000
80000
90000
100000
200000
300000
400000
500000
600000
700000
800000
900000
1000000
20.7
21.3
21.8
22.8
25.7
27.7
29.3
30.5
31.5
32.4
33.2
33.9
34.5
41.3
42.5
43.6
45.5
51.3
55.4
58.5
61.0
63.0
64.8
66.3
67.7
68.9
20.7
21.3
21.8
22.8
25.7
27.7
29.3
30.5
31.5
32.4
33.2
33.9
34.5
   Any emissions testing to be compared to these limitations must be con-
   ducted under isokinetic sampling conditions and in accordance with
   method 5, as specified in the Federal Register, Volume 36, No. 247,
   December 23, 1971 or by another method which has been correlated to the
   above method to the satisfaction of the Department of Public Health.
                                    -13-

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                          EMISSION LIMITATIONS
                          Industrial  Facilities

Gases
   Sulfur Dioxide                             Emission Limitation
   Contact Sulfuric Acid Plants
        New                                   4 Ibs/ton acid produced
        Existing                             27 Ibs/ton acid produced
        Existing (critical area of concern)  27 Ibs/ton acid produced
   Other Sources
        New                                          25 Ibs/hour
        Existing                                     25 Ibs/hour
        Existing (critical area of concern)          25 Ibs/hour
        At no time shall emission concentration exceed 500 ppm.
   Nitrogen Dioxide
   All Sources
        New                                          10 Ibs/hour
        Existing                                     20 Ibs/hour
        Existing (critical area of concern)          10 Ibs/hour
        At no time shall emission concentration exceed 250 ppm.
                                    -14-

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        2.5.3.  No person owning,  leasing,  or controlling the operation of any
               incinerator facility shall  cause,  suffer, allow or permit
               emissions therefrom in excess of those emission limitations
               set forth in the following  tables  and within the time schedules
               specified in Regulation 2.5.

                         EMISSIONS LIMITATIONS

                              Incinerators

Particulates

Incinerator Type               Emission Limitation (grains/SCF @ 12% C02)

                               New          Existing          Existing
                                                    (critical area of concern)

   Municipal                   .05            .10               .10

   Commercial,  industrial,
   residential                  .10            .10               .10

   Any emissions testing to be compared to these limitations must be con-
ducted under isokinetic sampling conditions and in accordance with method 5
as specified in the Federal Register, Volume 36,  No. 247, December 23, 1971,
or by another method which has been correlated to the above method to the
satisfaction of the Department of Public Health.

        2.5.4  Organic Material

               2.5.4.1  Any person owning, leasing, or controlling a stationary
                        tank reservoir with a capacity of greater than 40,000
                        gallons in which organic material having a true
                        vapor pressure in the range of 1.5 to 11 psi inclusive
                        is placed, stored, or held shall equip such a station-
                        ary tank reservoir with one of the following emission
                        control devices or equal, within the time schedule
                        specified in Regulation 2.5:

                        (a)  A floating roof cover consisting of a pontoon
                             type, double deck type roof, or internal floating
                             roof resting on the surface of the liquid con-
                             tents equipped with a closure seal, or seals, to
                             close the space between the roof edge and tank
                             wall and, in addition, all tank gauging and
                             sampling devices shall be gas-tight except when
                             in use, or

                        (b)  A pressure tank system maintaining a pressure at
                             all  times so as to prevent organic material loss
                             to the atmosphere or
                                    -15-

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         (c)  A vapor recovery system capable of collecting the
              organic materials emitted from the tank and of
              disposing of these materials without release to
              the atmosphere and, in addition, all tank gauging
              and sampling devices shall  be gas-tight except when
              in use or

         (d)  Other equipment equal  to or greater in efficiency
              to the devices listed  above, and approved by the
              Department.

2.5.4.2  Any person owning, leasing, or controlling a stationary
         tank reservoir with a capacity of greater than 40,000
         gallons in which organic material having a true vapor
         pressure greater than 11 psi is placed, stored, or held
         shall equip such a stationary tank reservoir with one
         of the following devices or equal, within the time
         schedule specified in Regulation 2.5

         (a)  A pressure tank system maintaining a pressure at
              all times so as to prevent organic material loss
              to the atmosphere or

         (b)  A vapor recovery system capable of collecting the
              organic materials emitted from the tank and of
              disposing of these materials without release to
              the atmosphere and, in addition, all tank gauging
              and sampling devices shall  be gas-tight except
              when in use or

         (c)  Other equipment equal  to or greater in efficiency
              than the devices listed above and approved by the
              Department.

2.5.4.3  Any person owning, leasing, or controlling a loading
         rack with a daily throughput (1/300 of actual annual
         throughput) greater than 20,000 gallons which transfers
         organic material with a true vapor pressure of 1.5 psi
         or greater into tank trucks, trailers, or other con-
         trivances shall equip such  a loading rack with a vapor
         recovery system properly installed, well-maintained,
         and with a Standard Operating Procedure that has been
         approved by the Department, within the time schedule
         specified in Regulation 2.5.  All loading connections
         on the vapor lines shall be equipped with fittings
         which are vapor tight and will automatically and
         immediately close upon disconnection so as to prevent
         release of organic material from the fittings.  The
         provisions of this section  shall not apply to the
         loading of motor vehicle fuel tanks.
                      -16-

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                       2.5.4.4  Any person owning,  leasing,  or controlling a  stationary
                                tank having a capacity greater than 5000 gallons  but
                                less than 40,000 gallons into which motor vehicle fuels
                                with a true vapor pressure of 1.5 psi  or greater  are
                                transferred from tank truck, trailer,  or other contri-
                                vance shall equip such a stationary tank with a vapor
                                balance line or equally effective vapor discharge con-
                                trol system, within the time schedule  specified in
                                Regulation 2.5.  Components of the vapor balance  line
                                shall consist of a vapor space connection on  the  tank
                                and a compatible vapor return line-on  the tank truck
                                or trailer.

(51.12) REGULATION 3.  Nuclear Energy Utilization Facilities

           3.1  No person shall cause, suffer, allow, or permit the construction,
                substantial reconstruction, or alteration of a stationary nuclear
                energy utilization facility in contravention of the provisions of
                Regulation 2 or the operation of any such facility except in  accord-
                ance with a Standard Operating Procedure therefor that has been sub-
                mitted to and approved by the Department in writing.

(51.5)  REGULATION 4.  Fossil Fuel Utilization Facilities

           4.1  No person shall construct, substantially reconstruct,  or alter or
                thereafter operate a fossil fuel utilization facility  which has or
                will have an energy input capacity, rated by the Department,  greater
                than three million  (3,000,000) B.t.u. per hour unless  the plans,
                specifications, Standard Operating Procedure, and maintenance pro-
                cedure for said facility have been submitted to the epartment for
                approval and approval in writing has been granted

           4.2  Smoke Density Indicator

                4.2.1  On or after April 1, 1973, no person shall cause, suffer,  allow
                       or permit the burning of any grade oil or solid fuel in any
                       fossil fuel utilization facility having an energy input
                       capacity rated by the Department equal to or greater than ten
                       million (10,000,000) B.t.u. per hour, that is not equipped with
                       a smoke density sensing instrument and recorder which is
                       properly maintained in an accurate operating condition, operates
                       continuously and is equipped with an audible alarm to signal
                       the need for combustion equipment adjustment or repair when the
                       smoke density is equal to or greater than No. 1 of the Chart,
                       and is available for inspection at reasonable times by a
                       representative of the Department.  Such inspection may include
                       the review of recording charts which must be retained and made
                       available for a period of one year from the date of use.
                                            -17-

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               4.2.2  The  Department may  require  fossil  fuel  utilization facilities
                      other  than  those  specified  under  the  provisions of Regulation
                      4.2.2  to  be equipped with smoke density sensing devices and
                      appurtenances if, in the opinion  of the Department, such are
                      deemed necessary.

               4.2.3  No person shall sell, distribute  for  sale, and/or install a
                      smoke  density sensing device  to be installed under the provis-
                      ions of Regulation  4.2.1 or Regulation  4.2.2 that is of a de-
                      sign and  Standard Operating Procedure that has not been approved
                      by the Department.

           4.3  On  and after  July  1, 1973, no  person shall cause, suffer, allow, or
               permit the  operation of a  fossil fuel utilization facility, having an
               energy input  capacity rated by the Department  of ten million
               (10,000,000)  or  greater B.t.u. per hour,  in  a  manner that is not in
               conformance with a Standard Operating Procedure that has been approved
               in  writing  by the  Department.

           4.4  Removal  of  Air Pollution Control Equipment

               4.4.1  No person shall cause,  suffer, allow, or permit the removal,
                      alteration  or shall otherwise render  inoperative any air
                      pollution control equipment which has been installed as a
                      requirement of these regulations,  other than for reasonable
                      maintenance periods or  unexpected and unavoidable failure of
                      equipment.

           4.5  Circumvention

               4.5.1  No person shall cause,  suffer, allow, or permit the installation
                      or use of any material, article,  machine, equipment, or contri-
                      vance  which conceals an emission  without reducing the total
                      weight of emissions where such emissions would constitute a
                      violation of any applicable Regulation.

(50.2)   REGULATION  5.  Fuels  - All  AQCR's  unless stated  otherwise
(51.6)
           5.1  Sulfur Content of  Fuels and Control  Thereof

               5.1.1  No person owning, leasing,  or controlling the operation of a
                      fossil  fuel  utilization facility  located in the cities and
                      towns  of  Arlington, Belmont,  Boston,  Brookline, Cambridge,
                      Chelsea,  Everett, Maiden, Medford, Newton, Somerville, Waltham,
                      or Watertown shall  cause, suffer,  allow, or permit the burning
                      therein of  any residual fuel  oil  or coal having a sulfur con-
                      tent in excess of 0.28  pounds per million B.t.u. heat release
                      potential unless:
                                            -18-

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       (a)   He has applied to the Department for permission  to use  a
            higher sulfur content fuel  and presented a  plan  whereby
            use of said fuel  would have no greater air  polluting
            effect than if fuel  of 0.28 pounds of sulfur per million
            B.t.u. were burned without  said plan and

       (b)   Said plan has been approved by the Department in writing.
            (Met.  Boston only).

            No person owning, leasing,  or controlling the operation of
            a fossil  fuel utilization facility located  in the Cities
            of Fitchburg and Worcester, shall cause, suffer, allow,
            or permit the burning thereof of any residual fuel having
            a sulfur content in excess  of .55 Ibs. per  million B.t.u.
            heat release potential (approximately equivalent to 1%
            sulfur content fuel  oil) except as provided in Regulations
            5.1.2 (e), 5.1.3 and 5.2.1.

5.1.2  No person owning, leasing, or controlling the operation of a
       fossil fuel utilization facility located in cities and towns
       other than those specified in Regulation 5.1.1 shall  cause,
       suffer, allow, or permit the burning therein of any residual
       fuel oil or coal having a sulfur content in excess of 0.55
       pounds per million B.t.u. heat releases potential unless

       (a)   He has applied to the Department for permission to use a
            higher sulfur content fuel  and presented a  plan whereby
            use of said fuel would have no greater air polluting
            effect than if fuel  of 0.55 pounds of sulfur per million
            B.t.u. (.7% S) were burned without said plan and

       (b)   Said plan has been approved by the Department in writing

       (c)   In the Merrimack Valley Air Pollution Control District
            (MVAPCD) it will be permissible to burn residual fuel oil
            up to 2.2% sulfur content by weight, except that residual
            fuel oil users in the City of Lawrence and the towns of
            Andover, Methuen, and North Andover, will remain con-
            strained to 1 percent sulfur content fuel oil.  Also, use
            of higher sulfur content fuel oil by fossil fuel utiliza-
            tion facilities of over 100 x 10  B.t.u./hr heat input
            will be contingent upon application for and receipt of
            written approval from the Department.

            Following source(s) are exceptions:

            -  Haverhill, Mass. (Limited to 1.4% sulfur content).
                             -19-

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     Between July 1,  1976 and November 1,  1976,  from April  1,
     1977 to November 1,  1977, and from April  1,  1978 to
     July 1, 1978, any person owning,  leasing  or controlling
     the operation of a fossil fuel  utilization  facility
     located in the City of Fitchburg  having an  energy input
     capacity rated by the Department  of one hundred million
     (100,000,000) B.t.u. per hour or  greater, may  cause,
     suffer, allow, or permit the burning  therein of any  fossil
     fuel having a sulfur content not  in excess  of  1.21 pounds
     per million B.t.u. heat release potential  (approximately
     equivalent to 2.2% sulfur content fuel oil)  provided:

     (1)  He has applied to the Department in  writing to  use
          such fuel and submitted any  information as the
          Department may require and

     (2)  The use of such fuel would not cause other applicable
          air pollution regulations  to be  violated, and

     (3)  The facility has available,  ready for  conversion
          within six (6)  hours of notice from  the Department a
          three (3) day supply of fuel with a  lower sulfur  con-
          tent as specified by the Department  which shall be
          utilized during periods of adverse meteorological
          conditions when directed by  the Department, and

     (4)  The use of such fuel has been approved in writing by
          the Department and the conditions of approval have
          been agreed to by the applicant in writing

(d)   In the Pioneer Valley Air Pollution Control  District
     (PVAPCD) it will be permissible to burn residual fuel  oil
     with up to 2.2% sulfur content by weight  until June  1,
     1978.  This will apply to residual fuel oil  burning
     sources having anfienergy input capacity of  one hundred
     million (100 x 106)  B.t.u. per hour or more as rated by
     the Department.   The use of such  fuel is  to be approved  in
     writing by the Department, and conditions of approval, in-
     cluding a monitoring and testing  program, and  agreed to
     by the applicant in writing.  The approval  may be revoked
     by the Department for cause, or when it is  necessary to
     prevent or abate a condition of air pollution.

     Exceptions limited to previously  approved requirements:

     -  Mount Tom Generating Station,  Holyoke, Mass.
     -  Deerfield Specialty Papers,  Inc.,  Monroe, Mass.
     -  Westfield River Paper Co., Russell, Mass.
     -  Strathmore Paper Co., Westfield, Mass.
     -  Riverside Generating Station,  Holyoke, Mass.
     -  Erving Paper Mills, Erving,  Mass.
     -  Holyoke Gas & Electric Co.,  Holyoke, Mass.
     -  University of Massachusetts (Tillson  Farm), Amherst,  Mass.
     -  Westover Air Force Base, Building 7102,  Chicopee, Mass.

                      -20-

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(e)   In the Central  Massachusetts Air Pollution Control
     District (CMAPCD)  it will  be permissible to burn residual
     fuel  oil with up to 2.2% sulfur content by weight,  except
     in the Cities of Fitchburg and Worcester, until  July 1,
     1978.  This will apply to residual  fuel oil burning
     sources having an  energy input capacity of one hundred
     million (100 x 10°) B.t.u. per hour or more as rated by  the
     Department,  The use of such fuel is to be approved in
     writing by the Department, and conditions of approval,
     including a monitoring and testing program, and agreed to
     by the applicant in writing.  The approval may be revoked
     by the Department for cause, or when it is necessary to
     prevent or abate a condition of air pollution.

     Exceptions that are limited to previously approved re-
     quirements:

     -  Borden, Incorporated, Chemical Division, Leominster,  Mass.
     -  The Felters Company, Millbury, Mass.
     -  Part of Fitchburg Company, (boilers serving the 23
        meter stacks),  Fitchburg, Mass.
     -  Fitchburg Gas and Electric Company, Fitchburg, Mass.
     -  General Electric Company, Fitchburg, Mass.
     -  Whitten Machine Works, Whitinsville, Mass.

(f)   In the Southeastern Massachusetts Air Pollution Control
     District (SEMAPCD) it will be permissible to burn residual
     fuel  oil up to 2.2% sulfur content by weight until May 1,
     1978.  This will apply to residual fuel oil burning
     sources having an energy input capacity of one hundred
     million (100 x 10b) B.t.u. per hour or more as rated by
     the Department.  The use of such fuel is to be approved
     in writing by the Department, and conditions of approval,
     including a monitoring and testing program, and agreed to
     by the applicant in writing.  The approval may be revoked
     by the Department for cause or when it is necessary to
     prevent or abate a condition.of air pollution.

     Exceptions that are limited to previously approved re-
     quirements:

     -  Facility formulated, operated by 01 in Chemicals and now
        owned by Polaroid Corp., Freetown, Mass.
     -  Duro Finishing Co., Fall River, Mass.
     -  Stevens Realty Co., Fall River, Mass.
     -  Taunton Municipal Light, West Water Street Plant,
        Taunton, Mass.
     -  Harodite Finishing Co., Dighton, Mass.
     -  Montaup Electric Co., Somerset Station, Somerset, Mass.
     -  New England Power Co., Brayton Point Station,
        Somerset, Mass.
                      -21-

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     5.1.3  No person owning, leasing, or controlling the operation of a
            fossil fuel utilization facility shall cause, suffer, allow,
            or permit the burning therein of any No. 2 fuel oil having a
            sulfur content in excess of 0.17 pounds of sulfur per million
            B.t.u. heat release potential, unless

            (a)  He has applied to the Department for permission to use a
                 higher sulfur fuel and presented a plan whereby use of
                 said fuel would have no greater air polluting effect than
                 if fuel of 0.17 pounds of sulfur per million B.t.u. were
                 burned without said plan and

            (b)  Said plan has been approved by the Department in writing.

     5.1.4  No person shall ship or deliver in intrastate commerce to any
            person for burning, or reshipment for burning, within the
            District, any fuels with a sulfur content in excess of those
            specified in Regulation 5.1.1, 5.1.2, or 5.1.3 except that such
            shipment may be made provided

            (a)  Use of such fuel has been approved by the Department in
                 wri ti ng,

            (b)  Such approval has been verified by the shipper, and

            (c)  Record of such shipment will be retained for two years and
                 said record shall be made available to the Department for
                 its review and inspection during customary business hours.

     5.1.5  Any person responsible for. sale or distribution of residual
            fuel oils or wholesale distribution or wholesale marketing of
            distillate fuel oils or coal for burning or reshipment for
            burning within the District shall register with the Department
            on a form to be supplied by the Department.

     5.1.6  Approval granted under provisions of Regulation 5.1.1, 5.1.2,
            or 5.1.3 may be revoked by the Department for cause or when
            in its opinion such is necessary to prevent or abate a con-
            dition of air pollution.

5.2  Use of Residual Fuel Oil

     5.2.1  No person having control of a fossil fuel utilization facility
            rated by the Department as having an energy input capacity of
            three million (3,000,000) or less B.t.u. per hour shall cause,
            suffer, allow, or permit the burning of any residual fuel oil
            therein
                                  -22-

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     5.2.2  On and after July 1,  1973,  no person owning,  leasing,  or con-
            trolling the operation of a fossil  fuel  utilization facility
            rated by the Department as  having an energy input capacity of
            six million (6,000,000) or less B.t.u.  per hour located in the
            cities and towns of Arlington, Belmont,  Boston, Brookline,
            Cambridge, Chelsea, Everett, Maiden, Medford, Newton,  Somerville,
            Waltham, or Watertown shall cause,  suffer, allow, or permit
            the burning of any residual fuel therein.

     5.2.3  Regulation 5.2.2 shall not apply to any fossil fuel facility
            previously approved in writing by the Department until July 1,
            1975.

5.3  Hand-fired Fuel-burning Utilization Facilities

     5.3.1  No person shall cause, suffer, allow, or permit any solid fuel
            to be burned or consumed in any hand-fired fuel-burning furnace
            rated by the Department as having an energy input capacity in
            excess of one hundred and fifty thousand (_150,000) B.t.u. per
            hour, except as may be specifically approved in writing by the
            Department under the provisions of Regulation 2.

5.4  Ash Content of Fuels

     5.4.1  No person shall cause, suffer, allow, or permit the burning  in
            the District of any fossil fuel containing an ash content in
            excess of nine percent (9%) by dry weight.

     5.4.2  Shippers and distributers of fossil fuels shall provide evi-
            dence, to the satisfaction of customer-users, of the ash con-
            tent of fuels, for burning within the District.

5.5  Fuel Additives

     5.5.1  No person having control of .a fuel utilization facility shall
            cause, suffer, allow, or permit the use  therein of a fuel
            additive which causes or contributes to  a condition of air
            pollution or which the Department has not approved the use
            thereof in writing.

     5.5.2  Exceptions

            5.5.2.1  Regulation 5.5.1 shall not apply to any person having
                     control of a fuel utilization facility who has

                      (a)  applied to the Department  for approval of use  of
                          a fuel additive and
                      (b)  demonstrated to the satisfaction of  the Depart-
                          ment the need thereof and
                      (c)  presented evidence indicating the extent to which
                          use of the fuel additive will contribute to or
                          minimize the potential of  said facility to  cause
                          or contribute to a condition of air  pollution  and
                      (d)  been granted approval for  such use in writing.


                                  -23-

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            5.5.2.2  Regulation 5.5.1 shall not apply to any person having
                     control of a fuel utilization facility who uses a fuel
                     additive therein and in a manner as recommended or
                     prescribed by the manufacturer or distributor thereof
                     provided the manufacturer or distributor of said fuel
                     additive has

                     (a)  applied to the Department for approval of said
                          specific fuel additive for general public use
                          thereof and
                     (b)  defined the purpose and recommended doses for a
                          manner of use of said additive and
                     (c)  presented evidence indicating the extent to which
                          said use of the fuel additive will cause or
                          contribute to a condition of air pollution and
                     (d)  has been granted approval in writing of said fuel
                          additive for general public use as recommended by
                          the manufacturer or distributor and subject to
                          such provisions as prescribed by the Department in
                          said approval.

                     and no person shall sell or distribute for sale or use
                     any fuel additive, for use in any fuel utilization
                     facility in the District, which the Department has not
                     approved for use under the provisions of this regulation.

     5.5.3  Regulation 5.5.1 shall not apply to any fuel additive widely
            used by the general public which the Department, on its own
            initiative, administratively exempts for the commonweal.

     5.5.4  Approval for use of fuel additives under provisions of
            Regulation 5.5.2 may be granted for a specified period of time
            for research purposes provided, in the opinion of the Department,
            there is reason to believe that such use will not cause or con-
            tribute to a condition of a>r pollution.

5.6  Any person supplying, in intrastate commerce for burning or reshipment
     for burning within the District, fuel oil of a grade No. 2 or greater
     or coal shall keep and maintain records showing the quantities of the
     fuels handled and analyses showing the B.t.u. content, sulfur content,
     and ash content of said fuels and shall make such records available
     to the Department for its review and inspection during customary
     business hours.

5.7  through 5.10

     (Reserved for future use)
                                 -24-

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         5.11 All fuel analyses to be performed, by or for distributors or users of
              fuels,  for purposes of these regulations shall be performed in such
              manner  and reported in such units as are approved by the Department.


(50.2)  REGULATION 5.   MBAPCD  Only

         Regulation  5.1  Sulfur  Content  of Fuels and Control  Thereof

         Regulation  5.1.1  (a) MB

         No  person owning, leasing,  or  controlling  the operation  of  a  fossil fuel
       utilization facility located  in the Cities  and  Towns  of  Arlington,  Belmont,
       Boston, Brook!ine,  Cambridge,  Chelsea,  Everett, Maiden,  Medford,  Newton,
       Somerville, Waltham, and  Watertown shall  cause, suffer,  allow, or permit  the
       burning therein of any fossil  fuel having a sulfur content  in  excess of
       0.28 pounds per million B.t.u.heat release  potential  (approximately equiva-
       lent to 0.5%  sulfur content  fuel  oil)  except  as provided in Regulations
       5.5.1  (b), 5.1.3,  5.1.4,  and  5.2.1.

         Regulation  5.1.1  (b) MB

         Between July 1,  1975 and  July  1977,  any  person  owning,  leasing,  or  con-
       trolling  the  operation of an  electric  facility  having an energy  input  capacity
       rated by  the  Department of  two and one half billion (2.5 billion) or greater
       B.t.u./hour located in the  Cities and  Towns of  Arlington,  Belmont,  Boston,
       Brookline, Cambridge,  Chelsea,  Everett, Maiden, Medford, Newton,  Somerville,
       Waltham,  and  Watertown, may  cause, suffer,  allow,  or  permit the  burning
       therein of any fossil  fuel with a sulfur content  not  to  exceed 0.55 pounds per
       million B.t.u.  heat release  potential  (approximately  equivalent  to 1%  sulfur
       content fuel  oil)  provided

          (1) he has applied to the Department in writing to use such  fuel and
               submitted  any  information as  the Department may  require, and
          (2) the Department determines that the  use  of such fuel would not  cause
              other applicable  air pollution control  regulations  or ambient  air
              quality standards to be violated,  and
          (3) the facility has  available for conversion  within (3) three hours  of
              any notice from the  Department a three  (3) day supply of fuel  with a
               lower sulfur content as specified by  the  Department which shall  be
               utilized during periods of adverse  meteorological  conditions when
              directed by the Department,  and
          (4)  the use of such fuel  has  been   approved in writing by the Department,
              and the conditions  of approval  have been  agreed  to by the applicant
               in writing.   Such conditions  of approval  may include the installation,
              operation  and  maintenance of ambient  air  monitoring equipment  by  the
              applicant  in a manner specified by  the  Department.
                                           -2F-

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   Regulation 5.1.2 (a) MB

   No person owning, leasing, or controlling the operation of a fossil fuel
utilization facility located in cities and towns other than those specified
in Regulation 5.1.1 shall cause, suffer, allow, or permit the burning therein
of any fossil fuel having a sulfer content in excess of 0.55 pounds per
million B.t.u. heat release potential (approximately equivalent to 1% sulfur
content fuel oil) except as provided in Regulations 5.1.2 (b), 5.1.3, 5.1.4,
and 5.2.1.

   Regulation 5.1.2 (b) MB

   Between July 1, 1975 and July 1, 1978, any person owning, leasing, or con-
trolling the operation of a fossil fuel utilization facility located in cities
and towns other than those specified in Regulation 5.1.1 and having an energy
input capacity rated by the Department of one hundred million (100,000,000)
or greater B.t.u./hour may cause, suffer, allow, or permit the burning therein
of any fossil fuel with a sulfur content not in excess of 1.21 pounds per
million B.t.u. heat release potential (approximately equivalent to 2.2% sulfur
content fuel oil) provided

   (1)  he has applied to the Department in writing to use such fuel and sub-
        mitted any information as the Department may require, and
   (2)  the Department determines that the use of such fuel would not cause
        other applicable air pollution regulations or ambient air quality
        standards to be violated, and
   (3)  the facility has available, ready for conversion within six (6) hours
        of any notice from the Department a three (3) day supply of fuel with
        a lower sulfur content as specified by the Department which shall be
        utilized during periods of adverse meteorological conditions when
        directed by the Department, and
   (4)  the use of such fuel has been approved in writing by the Department
        and the conditions of approval have been agreed to by the applicant
        in writing.  Such conditions of approval may include the installation,
        operation and maintenance of ambient air monitoring equipment by the
        applicant in a manner specified by the Department.

   Regulation 5.1.3 MB

   The provisions of Regulation 5.1.1 and 5.1.2 shall not apply to facilities
that have presented a plan whereby use of a higher sulfur fuel would cause no
greater emissions of sulfur compounds into the ambient air than if the lower
sulfur content fuel were used and said plan has been approved by the Depart-
ment in writing and the conditions for approval have been agreed to by the
applicant in writing.
                                    -26-

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   Regulation 5.1.4 MB

   No person owning, leasing, or controlling the operation of a fossil fuel
utilization facility shall cause, suffer, allow, or permit the burning therein
of any No. 2 (distillate) fuel oil having a sulfur content in excess of
0.17 pounds of sulfur per million B.t.u. heat release potential (approxi-
mately equal to 0.3% sulfur content fuel), unless

   (a)  he has applied to the Department for permission to use a higher sulfur
        fuel and presented a plan whereby use of said fuel would cause no
        greater emissions of sulfur compounds into the ambient air than if the
        lower sulfur content fuel were used, and
   (b)  the use of such fuels has been approved in writing by the Department,
        and the conditions of approval have been agreed to by the applicant
        in writing.

   Regulation 5.1.5 MB

   No person shall ship or deliver in intrastate commerce to any person for
burning, or reshipment for burning, within the District, any fuels with a
sulfur conten in excess of those specified in Regulations 5.1.1, 5.1.2, 5.1.3,
or 5.1.4 except that such shipment may be made provided

   (a)  use of such fuel has been approved by the Department in writing
   (b)  such approval has been verified by the shipper;  and
   (c)  record of such shipment will be retained for two years and said record
        shall be made available to the Department for its review and  in-
        spection during customary business hours.

   Regulation 5.1.6 MB

   Any person responsible for sale or distribution of residual fuel oils, or
wholesale distribution or wholesale marketing of distillate fuel oils or coal,
for burning or reshipment for burning within the District, shall register
with the Department on a form to be supplied by the Department.

   Regulation 5.1.7 MB

   Approval granted under provisions of Regulation 5.1.1, 5.1.2, 5.1.3, or
5.1.4, may be revoked by the Department for cause, or when in its opinion
such is necessary to prevent or abate a condition of air pollution

   5.2

   Regulation 5.2.1 MB

   No person having control of a fossil fuel utilization facility rated by the
Department as having an energy input capacity of three million [3,000,000) or
less B.t.u. per hour shall cause, suffer, allow, or permit the burning of any
residual fuel oil therein.
                                     -27-

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   5.3  Hand-Fired Fuel-Burning Utilization Facilities

   Regulation 5.3.1 MB

   No person shall cause, suffer, allow, or permit any solid fuel to be
burned or consumed in any hand-fired fuel-burning furnace  rated by the
Department as having an energy input capacity in excess of one hundred and
fifty thousand (150,000) B.t.u. per hour, except as may be specifically
approved in writing by the Department under the provisions of Regulation 2.

   5.4  Ash Content of Fuels

   Regulation 5.4.1 (a) MB

   No person shall cause, suffer, allow, or permit the burning in the
District of any fossil fuel containing an ash content in excess of nine
percent (9%) by dry weight except as provided in Regulation 5.4.1 (b)

   Regulation 5.4.1 (b) MB

   Fossil fuel utilization facilities having an energy input capacity
rated by the Department of two hundred and fifty million (250,000,000) or
greater B.t.u./hour may burn fossil fuel with an ash content in excess of
nine percent (9%) by dry weight, provided

   (1)  application is made to the Department in writing to use such fuel
        and any information as the Department may require is submitted, and
   (2)  the Department determines that the use of such fuel would not cause
        other applicable air pollution control regulations or ambient air
        quality standards to be violated, and
   (3)  the use of such fuel has been approved in writing by the Department
        and the conditions of approval have been agreed to by the applicant
        in writing.  Such conditions of approval may include the installation,
        operation and maintenance of ambient air monitoring equipment by the
        applicant in a manner specified by the Department.

   Regulation 5.4.2 MB

   Shippers and distributors of fossil fuels shall provide evidence, to the
satisfaction of customer-users, of the ash content of fuels supplied for
burning within the District.

   5.5  Fuel Additives

   5.5.1 MB

   No person having control of a fuel utilization facility shall cause, suffer,
allow, or permit the use therein of a fuel additive which may cause, or con-
tribute to a condition of air pollution, or for which the Department has not
approved the use thereof in writing.
                                     -28-

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   5.5.2  Exceptions

   5.5.2.1 MB Regulation 5.5.1 shall not apply to any person having control of
a fuel  utilization facility who has

   (a)   applied to the Department for approval of use of a fuel additive, and
   (b)   demonstrated to the satisfaction of the Department the need thereof,
        and
   (c)   presented evidence indicating the extent to which use of the fuel
        additive will contribute to or minimize the potential of said facility
        to cause or contribute to a condition of air pollution, and
   (d)   been granted approval by the Department for such use in writing.

   5.5.2.2 MB Regulation 5.5.1 shall not apply to any person having control of
a fuel  utilization facility who uses a fuel additive therein in a manner as
recommended or prescribed by the manufacturer or distributor thereof, provided
the manufacturer or distributor of said fuel additive has

   (a)   applied to the Department for approval of said specific fuel additive
        for general public use thereof, and
   (b)   defined the purpose and recommended doses and manner of use of said
        additive, and
   (c)   presented evidence indicating the extent to which said use of the fuel
        additive will cause or contribute to a condition of air pollution, and
   (d)   has been granted approval by the Department in writing of said fuel
        additive for general public use as recommended by the manufacturer or
        distributor, subject to such provisions as prescribed by the Department
        in said approval.

   No person shall sell or distribute for sale or use of any fuel additive, for
use in any fuel utilization facility in the District, which the Department" has
not approved for use under the provisions of this regulation.

   5.5.3 MB Regulation 5.5.1 shall not apply to any fuel additive widely used
by the general public which the Department, on its own initiative, administra-
tively exempts for the commonweal.

   5.5.4 MB Approval for use of fuel additives under provisions of Regulation
5.5.2 may be granted for a specified period of time for research purposes
provided, in the opinion of the Department, there is reason to be believe  that
such use will not cause or contribute to a condition of air pollution.

   Regulation 5.6 - Fuel Suppliers

   5.6.1 MB

   Any person supplying in intrastate commerce for burning, or reshipment  for
burning, within the District, fuel oil of a grade No. 2 or greater, or coal,
shall keep and maintain records showing the quantities of the fuels handled,
and analyses showing the B.t.u. value, sulfur content, viscosity, and ash
content of said fuels, and make such records available to the Department for
its review and inspection during customary business hours..
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             5.6.2 MB

             Any person supplying in intrastate commerce for burning  within  the  District,
          fuel  oil of a grade No. 2 or greater, or coal, or gas,  shall  submit  a  list  of
          customers using more than 30,000 gallons per year of fuel oil,  or  more than
          150 tons of coal,  or more than 4,000,000 cubic feet of  gas, by  May 1st of each
          year covering the  period of January 1st to December 31st of the previous year,
          and showing each customer's address, fuel  type, sulfur  content  and monthly
          fuel  amount, (the  Department will  maintain the confidentiality  of  customer
          name and address as per Executive Order 75, paragraph 3, except when such
          information is required for law enforcement purposes).

             5.7 through 5.10 (Reserved for future use)

             5.11  MB

             All  fuel analyses to be performed by or for distributors or  users of fuels,
          for purposes of these regulations, shall be performed in such manner and
          report in such units as are approved by the Department.

          (Regulation 5.1 is approved, except the Eastman Gelatin  Corp.,  Peabody, Mass.
           remains subject to original requirement of Regulation  5 that sources  outside
           the Boston "core  area" are permitted to burn fossil  fuel having a sulfur
           content not in excess of 0.55 Ibs.  per million B.t.u.  heat release  potential
           (approximately equivalent to 1% S content residual oil  by  weight)).


(50.1.2)   REGULATION 6.  Visible Emissions

             6.1   From Stationary Sources Other Than Incinerators

                  6.1.1  No  person shall cause, suffer, allow,  or permit  the emission
                         of  smoke which has a shade, density, or  appearance  equal to
                         or  greater than No. 1 of the Chart for a  period, or aggregate
                         period of time in excess of six minutes  during any  one  hour,
                         provided that at no time during the said  six minutes  shall
                         the shade, density, or appearance be equal to or greater than
                         No.  2 of the Chart.

                  6.1.2  No  person shall cause, suffer, allow or  permit the  operation
                         of  a facility so as to emit contanrinant(s),  exclusive of un-
                         combined water or smoke subject to Regulation 6.1.1,  of such
                         opacity which, in the opinion of the Department, could  be
                         reasonable controlled through the application of modern
                         technology of control and a good Standard Operating Procedure,
                         and in no case, shall exceed  20% opacity for a  period  or
                         aggregate period of time in excess of 2  minutes  during  any one
                         hour provided that, at no time during the said 2 minutes shall
                         the opacity exceed 40%.
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6.2  From Incinerators

     6.2.1  No person shall  cause, suffer, allow, or permit the emission of
            smoke, from any incinerator, which has a shade, density,  or
            appearance equal to or greater than No. 1 of the Chart at any
            time.

6.3  From Marine Vessels

     6.3.1  Marine vessels shall be subject to the provisions of Regula-
            tion 6.1.1 and 6.1.2.  This Regulation shall apply only in the
            Merrimack Valley Air Pollution Control District, Metropolitan
            Boston Air Pollution Control District, and the Southeastern
            Massachusetts Air Pollution Control District.

6.4  From Aircraft

     6.4.1  After December 31, 1972, no person shall cause, suffer, allow,
            or permit the emission from an aircraft of smoke which has a
            shade, density, or appearance equal to or greater than No. 2
            of the Chart for a period of time in excess of ten seconds
            during landing, takeoff, or taxiing operations.

6.5  From Spark-Ignited Internal Combustion Engines

     6.5.1  No person shall cause, suffer, allow, or permit emission of
            visible air contaminants, other than water, from internal
            combustion engines of:

            (a)  portable or stationary equipment, other than motor
                 vehicles, for longer than ten (10) consecutive seconds;
                 or
            (b)  a motor vehicle after the vehicle has moved more than
                 100 feet from a place where the vehicle was stationary;
                 or
            (c)  a motor vehicle, for more than five (5) consecutive
                 seconds, under any condition of cruising or acceleration.

6.6  From Diesel Engines

     6.6.1  No person shall cause, suffer, allow, or permit excessive
            emission of visible air contaminants, other than water,
            from a diesel engine.
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(51.13)     REGULATION 7.  Open Burning
              7.1   No person shall  cause,  suffer, allow,  or permit the open  burning  of
                   any combustible  material.

              7.2   Except during periods of adverse meteorological conditions  as  may be
                   determined by the Department and when  direct or public notice  thereof
                   has been made by the Department through the news media,  Regulation
                   7.1 shall not apply to:

                   7.2.1   Open burning primarily conducted for cooking purposes:

                   7.2.2   Open burning related to the operation of devices  such as
                          blowtorches and welding torches, for which no alternative
                          source of heat can be used, provided that such devices  do  not
                          cause a condition of air pollution;

                   7.2.3   Open burning for the purpose of training or research in fire
                          protection or prevention, provided a properly executed  permit
                          has been  obtained pursuant to Section 13 of Chapter  48  of  the
                          General Laws and further provided that such permit has  been
                          approved  by the Department;

                   7.2.4   Open burning for the purpose of cpmbating or back  firing an
                          existing  fire by persons affiliated with an official fire
                          fighting  agency;

                   7.2.5   Open'burning, associated with the normal pursuit  of  agri-
                          culture,  which in the opinion of the Department is deemed
                          necessary and which includes, but is not limited  to, open
                          burning of blueberry patches for pruning purposes, dead rasp-
                          berry stalks, fruit tree prunings, and infected bee-hives  for
                          disease control  provided such burning is conducted:

                          (a)  during periods of good atmosphere ventilation,
                          (b)  without causing a nuisance,
                          (c)  with smoke minimizing starters if starters or starting
                               aids are used, and
                          (d)  under the provisions of a  properly executed  permit
                               issued under the provisions of Section 13 of Chapter  48
                               of the General Laws;

                   7.2.6   Open burning of brush and trees resulting from agricultural
                          land clearing operations provided that such burning  is  con-
                          ducted:
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            (a)   during  periods  of  good  atmospheric  ventilation,
            (b)   without causing a  nuisance,
            (c)   with  smoke minimizing starters  if starters or  starting
                 aids  are used,  and
            (d)   under the provisions of a  properly  executed  permit
                 issued  under the provisions  of  Section  13 of Chapter  48
                 of the  General  Laws;

     7.2.7  Open burning of fungus-infested elm  wood provided that no
            suitable alternate method of disposal is available  and that
            such burning is conducted:

            (a)   during  periods  of  good  atmospheric  ventilation,
            (b)   without causing a  nuisance,
            (c)   with  smoke minimizing starters  if starters or  starting
                 aids  are used,  and
            (d)   under the provisions of a  properly  executed  permit
                 issued  under the provisions  of  Section  13 of Chapter  48
                 of the  General  Laws; or

     7.2.8  Open burning of combustible  material with approval  of the
            Department and after demonstration to the satisfaction of  the
            Department that no alternative  suitable  method of disposal of
            said material is available provided  that such burning is con-
            ducted:

            (a)   during  periods  of  good  atmospheric  ventilation,
            (b)   without causing a  nuisance,
            (c)   with  smoke minimizing starters  if starters or  starting
                 aids  are used,  and
            (d)   under the provisions of a  properly  executed  permit  issued
                 under the provisions of Section 13  of Chapter  48 of the
                 General Laws.

7.3  Except as may be  incidental to compliance with  provisions  contained
     in Regulation 7.2,  no person shall  place or store,  in the  ambient
     air space,  combustible material  in  such  a manner as to cause or allow
     the presumption by  the Department that such material may be  subjected
     to reduction by burning.

7.4  Regulations 7.1,  7.2, and 7.3  are subject to the enforcement pro-
     visions specified in Regulation 52.1.
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(51.9)     REGULATION 8.   Incinerators

             8.1   General
                  8.1.1   No person shall  cause,  suffer,  allow,  or permit the  construction
                         or substantial  reconstruction or alteration  of any incinerator
                         for which

                         (a)  the design  for construction or substantial  reconstruction
                              or alteration thereof and
                         (b)  the Standard Operating Procedure

                         have not been approved  by the Department in  writing.

                  8.1.2   No person shall  sell  or distribute for sale  any special  incin-
                         erator or modular incinerator,  for installation or use within
                         the District, the design and Standard  Operating Procedure  for
                         which have not been approved in writing by the Department  or
                         certification of said approval  has not been  given by the per-
                         son selling or distributing the incinerator  to the person  to
                         whom the sale or distribution fs made.

                  8.1.3   No person shall  cause,  suffer,  allow,  or permit the  burning
                         of refuse or any other  material in any incinerator in a  manner
                         that is not in conformance with a Standard Operating Procedure
                         (for the incinerator) that has  been approved by the  Department
                         in writing.

                  8.1.4   No person shall  cause,  suffer,  allow,  or permit the  burning of
                         refuse or any other material in any incinerator, other than a
                         municipal incinerator,  which is of a design  that has not been
                         approved by the  Department in writing.

                  8.1.5   No person shall  cause,  suffer,  allow,  or permit the  burning of
                         refuse or any other material in an incinerator at a  specific
                         site location that, in  the opinion of  the Department, is likely
                         to cause or contribute  to a condition  of air pollution and
                         when the person  responsible for the operation of the incin-
                         erator has been  notified of said opinion.

                  8.1.6   Regulations 8.1.3 and 8.1.4 are subject to the enforcement
                         provisions specified in Regulation 52.1, insofar as  they per-
                         tain to domestic incinerators.

             8.2  Municipal Incinerators

                  8.2.1   No person shall  cause,  suffer,  allow,  or permit the  construction
                         or substantial  reconstruction or alteration  or thereafter  the
                         operation of a municipal incinerator for which the site  location
                         has not been approved by the Department in writing.
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                   8.2.2   No  person  shall  cause,  suffer,  allow or  permit the operation of
                          a municipal  incinerator unless  said incinerator  has complied
                          with  the provisions  of  Regulation  2.

                   8.2.3   Tests for  determining emission  contaminant  concentrations shall
                          be  conducted in  a  manner as  specified  in Regulation 2.5.3.

              8.3  Commercial,  Industrial, and Special  Incinerators

                   8.3.1   No  person  shall  cause,  suffer,  allow,  or permit  the construction
                          or  substantial  reconstruction or alteration or thereafter the
                          operation  of a  commercial,  industrial, or special  incinerator
                          for which  the site location  has not been approved  by  the
                          Department in writing.

(50.1.3)    REGULATION 9.   Dust  and Odor
(50.6)
              9.1  No person  having  control  of any dust or odor  generating operations
                   such as, but not  limited  to asphalt batching  plants, asphalt roofing
                   materials  manufacturing plants, asphalt blowing plants, foundries,
                   chemical products manufacturing plants, incinerators, fossil  fuel
                   utilization  facilities, petroleum  products manufacturing  plants,
                   aggregate  manufacturing plants, food preparation or processing
                   facilities,  wood  products plants,  dry  cleaning  establishments, paint
                   and varnish  manufacturing plants,  paper manufacturing plants, leather
                   manufacturing plants,  concrete batching plants, metal coating and
                   treating plants,  land  clearing operations, construction work, dump
                   operations,  building demolition and agricultural operations  shall
                   permit emissions  therefrom which cause or contribute to a condition
                   of air pollution.

              9.2  No person  shall cause,  suffer, allow,  or  permit the handling or
                   transportation or storage of  any material in  a  manner that results
                   or may result in  emissions therefrom which cause or contribute to a
                   condition  of air  pollution.

              9.3  No person  shall cause,  suffer, allow,  or  permit a  building,  road,
                   driveway,  or open area to be  constructed, used, repaired, or
                   demolished without applying such reasonable measures as may  be
                   necessary  to prevent particulate matter from  becoming air-borne  that
                   may cause  or contribute to a  condition of air pollution.

              9.4  Regulation 9.1, 9.2, and  9.3  are subject  to the enforcement  pro-
                   visions specified in Regulation 52.1.
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(50.7)      REGULATION 10.   Noise

              10.1   No person owning,  leasing,  or controlling a  source  of sound  shall
                    willfully, negligently,  or  through failure to provide necessary
                    equipment, service,  or maintenance or to take necessary  precautions
                    cause,  suffer,  allow,  or permit unnecessary  emissions from said
                    source  of sound that may cause noise.

              10.2   Regulation 10.1 shall  pertain to,  but shall  not be  limited to, pro-
                    longed  unattended  sounding  of burgular alarms, construction  and
                    demolition equipment which  characteristically emit  sound but which
                    may be  fitted and  accommodated with equipment such  as enclosures
                    to suppress sound  or may be operated in a manner so as to suppress
                    sound,  suppressable  and  preventable industrial and  commercial
                    sources of sound,  and other man-made sounds  that cause noise.

              10.3   Regulation 10.1 shall  not apply to sounds emitted during and assoc-
                    iated with

                    (a)  parades, public gatherings, or sporting events,  for which
                         permits have  been issued provided that  said parades, public
                         gatherings, or  sporting events in one city or  town  do not
                         cause noise in  another city or town;
                    (b)  emergency police, fire, and ambulance vehicles;
                    (c)  police, fire, and civil and national defense activities;  and
                    (d)  domestic equipment  such as lawn mowers  and power saws between
                         the hours of  7  A;M. and 9 P.M.

              10.4   Regulation 10.1 is subject  to the  enforcement provisions specified
                    in Regulation 52.1.

(12.0)     REGULATION 11.   Transportation Media (Be referred to  Regulation 6)

              11.1   Motor Vehicles

                    11.1.1   All motor  vehicles  registered in the Commonwealth shall comply
                            with pertinent regulations of the Registry  of Motor  Vehicles
                            relative to  exhaust and sound emissions.

                    11.1.2   No person  shall  cause, suffer, allow, or permit  the  unnecessary
                            operation  of the engine of a motor vehicle  while said vehicle
                            is stopped for a foreseeable period  of time in excess of  five
                            minutes.  This regulation  shall not  apply to

                    (a)  vehicles being  serviced, provided that  operation of the engine
                         is essential  to the proper repair thereof, or
                    (b)  vehicles engaged in the delivery or acceptance of goods, wares,
                         or merchandise  for  which engine assisted power is necessary  and
                         substitute alternate means cannot be made available, or
                    (c)  vehicles engaged in an operation for which the engine power  is
                         necessary for an associated power need  other than movement and
                         substitute alternate power means cannot be made  available pro-
                         vided that such operation does not cause or contribute  to a
                         condition  of  air pollution.

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                 11.1.3  Regulation 11.1.2  is subject to the enforcement provisions
                        specified in  Regulation 52.1.

           11.2   Diesel Trains

                 11.2.1  No  person owning or operating a diesel powered locomotive
                        shall  cause,  suffer, allow, or permit said locomotive to
                        be  operated  in  a manner such as to cause or contribute to
                        a condition  of  air pollution.

                 11.2.2  No  person shall cause, suffer, allow, or permit the unnecess-
                        ary .foreseeable idling of  a diesel locomotive for a contin-
                        uous period  of  time longer than thirty minutes.  This
                        regulation shall not apply to diesel locomotives being
                        serviced provided  that idling is  essential to the proper
                        repair of said  locomotive  and that such idling does not cause
                        or  contribute to a condition of air pollution.

                 11.2.3  Regulations  11.2.1 and 11.2.2 are subject to the enforcement
                        provisions specified in Regulation 52.1.

           11.3   Aircraft

                 11.3.1  No  person owning or operating an  airport shall cause, suffer,
                        allow, or permit routine warmups, testing, or other operation
                        of  aircraft  while  on the ground,  in such a manner as to cause
                        or  contribute to a condition of air pollution, outside of  the
                        property lines  of  the airport, that in the opinion of the
                        Department are  unreasonable and feasibly preventable.

           11.4   Marine Vessels

                 11.4.1  No  person owning,  operating, or having control of a seagoing
                        vessel while it is in the  District shall cause, suffer, allow,
                        or  permit, aboard  said vessel, tube blowing or soot removal
                        activities that cause or contribute to a condition of air
                        pollution.   This Regulation shall apply only  in the Merrimack
                        Valley Air Pollution Control District, Metropolitan Boston
                        Air Pollution Control District, and the Southeastern Massa-
                        chusetts Air Pollution Control District.

(13.0)   REGULATION 12.  Registration  Record Keeping And Reporting

           12.1   General Application:  No person shall cause,  suffer,  allow, or permit
                 the operation  of an  air contamination source  until that person com-
                 plies with  the provisions  of Chapter 111, Section 142B of the General
                 Laws as amended by Chapter 797 of  the Acts of  1971.

                 All persons owning,  operating, or  controlling  sources as described
                 below must  apply annually  for registration on  a form  supplied by  the
                 Department  setting forth such information pertaining  to said source
                 as the Department may specify.
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                  Written  acknowledgement of registration  shall  indicate  the  Department's
                  approval  of the information described in the  registration application
                  and authorizes operation of said source  for 1  year from date  of ack-
                  nowledgement unless  otherwise specified.

                  No person shall operate an unregistered  source as  defined in  Regul-
                  ation  12.2, 12.3,  and 12.4 (field of application).

            12.2   Fossil  Fuel Combustion Facilities

                  12.2.1   Any person having control of a fuel burning facility  such  as
                          but not limited to a coal burner,  oil  burner, wood  burner, or
                          gas burner that has a rated input  capacity in excess  of three
                          (3) million  B.t.u. per hour shall  comply with Regulation 12.1.

            12.3   Industrial  Facilities

                  12.3.1   Any person having control of an  industrial  facility having an
                          emission capability of equal  to  or greater than

                          (a)  five (.5) Ibs/hr. of particulate  matter,
                          (b)  four (4) Ibs/hr. of oxides  of sulfur,
                          (c)  forty (40) Ibs/day of organic material, or
                          (d)  one (1) Ib/hr. of nitrogen  dioxide

                          shall  comply with Regulation 12.1.

                  12.3.2   Regulation 12.1 and 12.3.1  shall  apply to  such  industrial
                          facilities as asphalt batching plants, foundries, chemical
                          products manufacturing plants, petroleum products and
                          manufacturing plants, aggregate  manufacturing plants, food
                          and food products plants, dry cleaning establishments,  paint
                          and varnish  manufacturing plants,  paper manufacturing plants,
                          leather manufacturing plants, concrete manufacturing  plants,
                          and metal  coating and treating plants, and such other fac-
                       .   ilities as the Department may require.

            12.4   Incinerators

                  12.4.1   Any person having control of an  incineration facility that
                          has a capability of reducing in  excess of  1,000 pounds  per
                          hour of waste shall comply with  Regulation 12.1.

(9.0)     REGULATION 13.   Stack Testing

            13.1   Any person having control of a facility  for which  the Department has
                  determined that stack testing is necessary to ascertain compliance
                  with the Department's regulations or design aoproval provisos shall
                  cause  such stack testing:
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                   (a)   to  be  conducted  by  a  person  knowledgeable  in  stack  testing,

                   (b)   to  be  conducted  in  accordance  with  procedures  approved  by the
                        Department,

                   (c)   to  be  conducted  in  the  presence  of  a  representative of  the
                        Department when  such  is deemed necessary,  and

                   (d)   to  be  summarized and  submitted to the Department with analyses
                        and report by an engineer registered  in  accordance  with the
                        provisions of Chapter 112 of the General Laws  as amended.

             13.2  Any  person  having control  of a facility, relative  to which the
                   Department  determines that stack  testing (to  ascertain the mass
                   emission rates  of air contaminants  emitted under various operating
                   conditions) is  necessary for the  purposes  of  regulation  enforcement
                   or determination  of regulation compliance  shall  cooperate with the
                   Department  to provide:

                   (a)   entrance to  a location  suitable  for stack  sampling,

                   (b)   sampling ports at locations  where representative samples may
                        be  obtained,

                   (c)   staging and  ladders to  support personnel and  equipment  for
                        performing the tests,

                   (d)   a suitable power source at the sampling  location for the opera-
                        tion of sampling equipment,  and

                   (e)   such other reasonable facilities as may  be requested by the
                        Department.

(  9.0)     REGULATION 14.  Monitoring Devices  and Reports
(13.0)
          (This regulation  is  disapproved only  to the  extent  that  it  does not  require
           periodic reports on emissions).

             14.1  Upon request by the Department through direct communication  or
                   public notice,  any person  who owns  or operates  a stationary  emission
                   source of a category and class specified by the Department,

                   (a)   shall  install, maintain, and use emission  monitoring devices,
                        of a design  and installation approved by the  Department, and

                   (b)   shall  make periodic reports  to the  Department on the nature  and
                        amounts of emissions  from said such source which the Department
                        shall  review and correlate for its  use in  emissions control  and
                        exhibit for  public information.
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(50.7)   REGULATION 15

           15.1   No person shall  cause,  suffer,  allow,  or permit the spray application
                 of asbestos fibers or materials containing asbestos fibers;   or the
                 application of said materials by means which,  in the opinion  of the
                 Department, may cause or contribute to a condition of air pollution.

        REGULATIONS 16 through 49

           (Reserved for future use)

 (5.0)   REGULATION 50.  Variances

           50.1   The Department upon its own initiative or upon application to it by
                 any person, after due notice and a public hearing, may vary  the appli-
                 cation of any regulation as it  relates to any  person as the  Depart-
                 ment may deem necessary.

                 Variances may be granted when in the opinion of the Department efforts
                 have been made in good faith by such person to comply with the
                 regulations prior to the petition for a variance, and:

                 (1)  when enforcement of the regulation is considered to be  impract-
                      ical due to lack of currently available technology or available
                      conforming fuel, or

                 (2)  when compliance with the regulation is considered to be  im-
                      possible due to unavoidable delays in obtaining control  equip-
                      ment, or

                 (3)  when compliance with the regulation is interfered with  due to
                      acts of nature, or

                 (4)  when the benefits  expected to be derived  from requiring  such
                      person to comply with such regulation would be substantially
                      outweighed by the cost to  such person and the loss to the
                      public resulting from compliance, and that granting such a
                      variance would have no significant deleterious effect on public
                      health.

                 Variances where granted, shall:

                 (a)  be in writing

                 (.b)  not extend beyond  May 31,  1975, or such later date as may be
                      prescribed by Federal law.

                 (c)  be subject to the approval of the administrator of the  Environ-
                      mental Protection  Agency.

                 The applicant shall assume all  costs such as,  but not limited to, the
                 publishing of legal notices incidental to the  application for and
                 granting of a variance.
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(16.0)   REGULATION 51.   Hearings Relative to Orders and Approvals

           51.1   The Department will  grant a hearing,  upon application in writing,  for
                 the purpose of reconsideration to any person to whom an ORDER has  been
                 issued, provided that such application is made within then (10)  days
                 of the receipt of the ORDER.

           51.2   Upon receipt of a proposal for the construction, substantial  re-
                 construction or alteration of any facility regulated by the Depart-
                 ment of Public Utilities, insofar as  the facility may have an impact
                 on air quality, the Department of Public Health shall hold a  public
                 hearing prior to consideration for approval or disapproval of said
                 facility.

(15.0)   REGULATION 52.   Enforcement Provisions

           52.1   Any police department, fire department, board of health, officials,
                 or building inspector or his designee acting within his jurisdic-
                 tional area is hereby authorized by the Department to enforce, as
                 provided for in Section 142B of Chapter 111, any regulation in which
                 specific reference to Regulation 52.1 is cited.

        REGULATIONS 53 through 59

           (Reserved for future use)

(2.0)   REGULATION 60.   Severability

           60.1   Each of these regulations shall be construed as separate to the end
                 that if any regulation or sentence, clause, or phrases thereof shall
                 be held invalid for any reason, the remainder of that regulation and
                 all other regulations shall continue  in full force.
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               THE COMMONWEALTH OF MASSACHUSETTS

                 DEPARTMENT OF PUBLIC HEALTH
               DIVISION OF ENVIRONMENTAL HEALTH
                 BUREAU OF AIR QUALITY CONTROL
                           REGULATIONS

               FOR THE PREVENTION AND/OR ABATEMENT

                               OF

                      AIR POLLUTION EPISODE .

                               AND

                       AIR POLLUTION INCIDENT

                            EMERGENCIES
            (Part of the Air Pollution Emergency Plan)
Adopted under the provisions of Section 2B, Chapter 111 of the
General Laws, as inserted by Chapter 900 of the Acts of 1967.
                        Revised 2/9/72
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(8.0)   REGULATION 1.   INTRODUCTION

          The purpose of the "Regulations for the Prevention and/or Abatement of Air
       Pollution Episode and Air Pollution Incident Emergencies"  is to prevent
       ambient air contaminant concentrations at any location in  the Commonwealth
       from reaching  levels which would constitute imminent and substantial  en-
       dangerment to  the health of persons.   The levels which would constitute
       imminent and substantial endangerment to the health of persons as  have been
       defined by the Administrator of the Environmental Protection Agency are set
       forth in the table below:
                           CONTAMINANT CONCENTRATION LEVELS

                 Prescribed by the EPA Administrator as would cause imminent
                 and Substantial  Endangerment to Health.
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Carbon Monoxide
Carbon Monoxide
Photochemical Oxidant
Photochemical Oxidant
Photochemical Oxidant
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
2,620
1,000
(S02) (TSP)
144,000
86,300
57,500
1,400
1,200
800
3,750
938
ppm
1.0
(so2)
125
75
50
0.7*
0.6*
0.4*
2.0
0.5
COHs
8
(COHs)







Duration
24-hr.
24-hr.
24-hr.
24-hr.
1-hr.
4-hr.
8-hr.
1-hr.
2-hr.
4-hr.
1-hr.
24-hr.
Product

490,000
1.5







       *  Expressed as Ozone (0,)
                                            -43-

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(8.0)   REGULATION 2.   DEFINITIONS
(1.0)
          When used in the "Regulations  for the Prevention  and/or Abatement  of Air
       Pollution Episode and Air Pollution Incident Emergencies"  and  in  communications,
       notices, or orders relative thereto, the following words and phrases  shall have
       the meanings ascribed below:

          2.1   AIR CONTAMINANT means any substance or man-made physical  phenomenon  in
               the ambient air space and includes, but is not limited to,  dust,  flyash,
               gas, fume, mist, odor, smoke, vapor, pollen, microorganism, radioactive
               material, radiation,  heat,  sound, any combination  thereof,  or any
               decay or reaction product thereof.

          2.2   AIR CONTAMINANT SOURCE means any place or thing capable of  rendering an
               emission.

          2.3   AIR POLLUTION means the presence in the ambient air space of  one or
               more air contaminants or  combinations thereof in such  concentrations
               and of such duration  as to:

               (a)  cause a nuisance,
               (b)  be injurious, or be  on the basis of current information,
                    potentially injurious  to human or animal  life, to vegetation, or
                    to property, or
               (c)  unreasonably interfere with the comfortable enjoyment  of life
                    and property or the  conduct of business.

          2.4   AIR POLLUTION EPISODE means a state of the ambient air environment
               in which the concentrations of air contaminants are elevated  to or
               are in excess of certain  defined levels and  that certain  meteor-
               ological conditions are expected to maintain.

          2.5   AIR POLLUTION EPISODE ALERT (APEA)  means that degree of Air Pollution
               Episode which meets the criteria for determination of  an  Air  Pollu-
               tion Episode Alert as set forth in  Regulation 3 of these  regulations.

          2.6   AIR POLLUTION EPISODE EMERGENCY (APEE) means that  degree  of Air
               Pollution Episode which meets the criteria for determination  of an
               Air Pollution Episode Emergency as  set forth in Regulation  3  of these
               regulations.

          2.7   AIR POLLUTION EPISODE WARNING (APEW) means that degree of Air
               Pollution Episode which meets the criteria for determination  of an
               Air Pollution Episode Warning as set forth in Regulation  3  of these
               regulations.
                                           -44-

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2.8   AIR POLLUTION INCIDENT EMERGENCY (APIE) means a state or condition in
      the environment, which in the opinion of the Commissioner,  has or
      potentially may cause air contamination which has resulted  in or
      potentially will result in an imminent and substantial  endangerment
      to the public health;  e.g. an APIE may be caused by a foreseeable or
      unforeseeable happening that has or potentially may result  in an
      emission that may cause air pollution.

2.9   AMBIENT AIR means the atmosphere or a portion thereof in the air
      space above the geographical area of Massachusetts or portion thereof.

2.10  ATMOSPHERIC STAGNATION ADVISORY means an advisory, issued by the
      Environmental Meteorological Support Unit of the National Weather
      Service, relative to meteorological conditions that are predicted to _
      be manifest for 36 hours or more and to be characterized by poor
      ventilation and potential increase of ambient air contaminant con-
      centration levels.  (The advisories may be prepared for regions of
      substantial area or, as the need may dictate, for local, relatively
      small areas, when indicated.)

2.11  COM - COEFFICIENT OF HAZE means the unit which quantifies the increase
    .  in photometric density of a filter tape due to deposition of particles
      per 1000 linear feet of air through a 1" diameter filter when sampled
      at the rate of approximately 0.25 cfm.

2.12  COMMISSIONER means the Commissioner of the Department or his official
      designees.

2.13  DEPARTMENT means the Department of Public Health.

2.14  EMISSION means any discharge or release of an air contaminant to the
      ambient air space.

2.15  EMISSION REDUCTION PLAN(S)  (ERP) means the plans for reducing
      emissions during Air Pollution Episode Alerts, Warnings, and/or
      Emergencies.

2.16  ugm/M  means microqrams per cubic meter.

2.17  NEWS MEDIA means certain channels of communication by which  informa-
      tion is conveyed between persons;  it includes, but is not limited
      to, radio, television, and newspapers.

2.18  p.p.m. means parts per million.

2.19  PERSON means any individual, partnership, association, firm,
      syndicate, company, trust, corporation, department, authority, bureau,
      agency, political subdivision of the Commonwealth, law enforcement
      agency, fire fighting agency, or any other entity recognized by law
      as the subject of rights and duties.

2.20  TSP means Total Suspended Particulates expressed in ugm/M  .
                                 -45-

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(8.0)    REGULATION 3.   AIR POLLUTION EPISODE CRITERIA

           3.1   Criteria to be used in the determination  of:

                (a)  Air Pollution Episode Alert -  AREA
                (b)  Air Pollution Episode Warning  -  APEW,  and
                (c)  Air Pollution Episode Emergency  -  APEE

                are set forth in this regulation.   The  criteria  are  for  the  purpose
                of assisting the Department in  the  determination of  the  degree  of
                episode based upon the ambient  air  contaminant concentration levels
                attained (or predicted) and meteorological  conditions  manifest  and
                predicted.
                                            -46-

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3.2 (a)
                                CRITERIA

                          FOR DETERMINATION OF

                  AIR POLLUTION EPISODE ALERT  (APEA)
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S)2) x (COHs)
Carbon Monoxide
Ozone (03)
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
800

375


(S02) (TSP)

17,000
200
1,130
282
ppm
0.3





(so2)
15
0.1
0.6
0.15
COHs



3


(COHs)




Duration
24-hr.

24-hr.
24-hr.

24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product*





65,000
0.2




Meteorological Conditions are such that the Department is of the opinion that,
unless appropriate control actions to reduce emissions are taken, ambient air
contaminant concentration levels will remain at or in excess of the above
levels for twelve (12) or more hours.
                                     -47-

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3.2 (b)
                                CRITERIA

                          FOR DETERMINATION OF

                 AIR POLLUTION EPISODE WARNING  (APEW)
Contaminant
Sulfur Dioxide (S02)
Parti cul ate Matter
H1-Vol (TSP) .
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Ozone (03)
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
1,600

625


(S02) (TSP)

34,000
800
2,260
565
ppm
0.6





(so2)
30
0.4
1.2
0.3
COHs



5


(COHs)




Duration
24-hr.

24-hr.


24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product





261 ,000
0.8




Meteorological Conditions are such that the Department is of the opinion that,
unless appropriate control actions to reduce emissions are taken, ambient air
contaminant concentration levels will remain at or in excess of the above
levels for twelve (12) or more hours.
                                    -48-

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3.2 (c)
                                CRITERIA

                          FOR DETERMINATION OF

               AIR POLLUTION EPISODE EMERGENCY  (APEE)
Contaminant
Sulfur Dioxide (SO )
Parti cul ate Matter
Hi-Vol (TSP)
Tape Stain (COHs)
Product of:
(S02) x (TSP) or
(S02) x (COHs)
Carbon Monoxide
Ozone (OJ
Nitrogen Dioxide
Nitrogen Dioxide
Ambient Air Contaminant Concentration Levels
Ave. ugm/M
2,100

875


(S02) (TSP)

46,000
1,200
3,000
750
ppm
0.8





(so2)
40
0.6
1.6
0.4
COHs



7


(COHs)




Duration
24-hr.

24-hr.
24-hr.

24-hr.
24-hr.
8-hr.
1-hr.
1-hr.
24-hr.
Product





393,000
1.2




Meteorological Conditions are such that the Department is of the opinion that
ambient air contaminant concentration levels will remain at or in excess of
the above levels for twelve (12) or more hours.
                                     -49-

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(8.0) REGULATION 4.  AIR POLLUTION EPISODE POTENTIAL ADVISORIES

         4.1  Atmospheric Stagnation Advisories received by the Department shall be
              evaluated by the Department in the light of manifest local meteoro-
              logical conditions, weather forecast, ambient air contaminant con-
              centration levels observed, and anticipated weather-influenced
              emissions.

         4.2  During period of suspected poor atmospheric ventilation, Atmospheric
              Stagnation Advisories, and Air Pollution Episodes, the Department will
              maintain close liaison with the local Environmental Meteorological
              Support Unit (EMSU) to exchange information of mutual benefit.

.(8.0)' REGULATION 5.  DECLARATION OF AIR POLLUTION EPISODES AND INCIDENTS

         5.1  The Commissioner, based upon the Department's evaluation of such
              information relative to ambient air contaminant concentrations levels
              as may be available to the Department, meteorological conditions
              extant, the Criteria set forth in Regulation 3 and/or other sub-
              stantive and germane information, shall declare an

              (a)  Air Pollution Episode Alert
              (b)  Air Pollution Episode Warning, or
              (c)  Air Pollution Incident Emergency

         5.2  The Commissioner, with the approval of the Governor, based upon the
              Department's evaluation of such information relative to the ambient
              air contaminant concentrations levels as may be available to the
              Department, meteorological conditions extant, the Criteria set forth
              in Regulation 3 and/or other substantive and germane information
              shall declare an Air Pollution Episode Emergency.

         5.3  When an Air Pollution Episode or Incident Emergency is declared, the
              Commissioner shall specify the contaminant(s) and portion(s) of the
              Commonwealth in which said Episodes or Incident Emergencies pertain.

         5.4  Notice of a declaration of an Air Pollution Episode or Incident
              Emergency shall be made through the News Media to the extent feasible
              and such other means of communication as the Commissioner deems
              appropriate.

(8.0) REGULATION 6.  TERMINATION OF AIR POLLUTION EPISODES AND INCIDENT EMERGENCIES

         6.1  Whenever an Air Pollution Episode is declared, said level (or status)
              of episode will remain in effect until the criteria for that said
              level are no longer being met and, at such time, the next lower level
              (or status) will be assumed.

         6.2  When the conditions which occasioned the need for declaration of an
              Air Pollution Episode or Incident Emergency no longer exist, the
              Commissioner shall declare a termination.
                                           -50-

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             Alert  Warning  Emergency
(8.0)  REGULATION 7.   EMISSION REDUCTIONS STRATEGIES

         7.1   Upon the declaration of an Air Pollution  Episode,  any  person  responsible
              for or having control  over an ambient  air contaminant  emission  source
              shall  implement, to the extent possible,  the indicated action stra-
              tegies as listed below for the episode level  and  contaminant  of con-
              cern as declared by the Commissioner.

      Action  Strategies

      ARC Regulations in force

      Open burning variances cancelled

      Incinerator use 12 AM - 4 PM only

      Curtail motor vehicle use

      Stop unnecessary motor vehicle use                   -       X         X

      Electric Power Generating Facilities
        Boiler lancing or soot blowing between
          12  AM - 4 PM only                                XX         X
        Use of lowest sulfur content fuel available         XX         X
        Use of lowest ash content fuel available           XX         X
        Power source switching                             XX         X

      Process Steam Generating Facilities
        Boiler lancing or soot blowing between
          12  AM - 4 PM only                                XX         X
        Use of lowest sulfur content fuel available         XX         X
        Use of lowest ash content fuel available           XX         X
        Purchase instead of generate electric power         XX         X
        Reduction of steam demands consistent with
          plant operations                                 XX         X

      Other industries
        Boiler lancing or soot blowing between
          12  MA - 4 PM only                                XX         X
        Purchase instead of generate electric power         XX         X
        Postponing or deferring production and
          all operations                                   XX         X
        Reduction of heat load demands                     XX

      Notification to sensitive persons                            X         X

      No use  of incinerators                               -       X         X

      Stop building construction and demolition            -       X         X
-51-

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Action Strategies                                  Alert  Warning  Emergency

Electric Power Generating Facilities

  Make ready for use of
    Emission Reduction Plan (ERP)                    -       X         X

Process Steam Generating Facilities

  Make ready for use of ERP                                  X         X

Other Industries

  Make ready for use of ERP                                  X         X

Stop all motor vehicle use (except emergency
  vehicles)                                          -       X         X

All industries enact ERP's                                             X

The following shall cease operations

  mining and quarring of non-metallic minerals       -                 X
  manufacturing establishments with no ERP           -                 X
  wholesale trade establishments                                       X
  non-essential local, county, state and
    federal offices                                  -       -         X
  retail trade establishments                        -       -         X
  banks, credit agencies, etc.                       -       -         X
  domestic services                                  -       -         X
  recreational and sporting facilities and
    events                                           -       -         X
  educational institutions                           -       -         X
                                     -52-

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(8.0)  REGULATION 8.   EMISSION REDUCTION PLANS (ERP)

         8.1   Any person responsible for the operation of an emission  source as  set
              forth  in Regulation 7 of these regulations or any other  emission source
              when requested by the Department in writing to do so shall  prepare
              standby Emissions Reduction Plans (ERP)  to reduce or eliminate
              emissions of air contaminants.

         8.2   Standby Emissions Reduction Plans required by Section 8.1  shall be in
              writing and shall identify the sources of air contaminants, the
              approximate amount of reduction of contaminants, and a brief des-
              cription of the manner in which the reduction will be achieved.

         8.3   ERPs Submittal and Approval

              8.3.1   Standby plans (ERPs) required by Regulation 8.2 shall be sub-
                     mitted to the Department upon request within thirty (30) days
                     of the receipt of such request.

              8.3.2  Standby plans (ERPs) shall be subject to review and approval
                     by the Department.  And if, in the opinion of the Department,
                     any ERP is inadequate, the Department shall disapprove the
                     plan and request the preparation of an amended plan.  The
                     Department shall grca the reasons for disapproval and shall
                     require resubmittc   ' the plan within a reasonable period of
                     time as determined Jy the Department.

         8.4   During a declared Air Pollution Episode, standby ERPs as required by
              Regulation 8.2 shall be made available on the premises to any person
              authorized to enforce the provisions of these regulations and the
              person responsible for the operation of the emissions source shall
              be responsible for its implementation.

         8.5   Any person responsible for the operation of stationary emission
              source having a capability of emitting 100 tons or more per year of
              sulfur dioxide, nitrogen dioxide, particulates, carbon monoxide, or
              hydrocarbons shall be subject to the provisions of Regulations
              8.1, 8.2, 8.3, and 8.4.

         8.6   Any person subject to the provisions of Regulation 8.5 shall submit
              an appropriate approvable ERP to the Department on or before July 1,
              1972, for the Department's review and approval prior to its being
              submitted to the Administrator of the Environmental Protection Agency
              in compliance with the provisions of Section 420. 16(c)(2) of Part 420
              of Chapter IV, Title 42, Code of Federal Regulations.
                                          -53-

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(8.0)  REGULATION 9.   PROHIBITION OF AIR POLLUTION

         9.1    During a declared Air Pollution Episode,  no person  having  control  of
               any emission source located in the designated area  of the  Air
               Pollution Episode shall  knowingly cause,  suffer,  allow,  or permit
               the operation of said source in violation of any  of the  provisions of
               any of the "Regulations  (of the Department) for the Control  of Air
               Pollution" in any of the six "Air Pollution Control Districts" in
               the Commonwealth.

(8.0)  REGULATIONS 10-14

         (No  Regulations)

(8.0)  REGULATION 15.   AIR POLLUTION INCIDENT EMERGENCY (APIE)

         15.1   The Commissioner shall declare an Air Pollution Incident Emergency
               if, in his opinion, such is deemed advisable to prevent  or abate an
               imminent and substantial endangerment to  the public health.

         15.2  By nature of Air Pollution Incident Emergencies,  as defined, APIE's
               do not lend themselves to specific preplanned strategies for the
               specific emission sources as in the case  of Air Pollution  Episodes.

         15.3  Upon declaration of an Air Pollution Incident Emergency  the
               Commissioner and his designees shall assume and exercise such
               authority and powers as  are provided in Section 2B  of Chapter 111
               of the General Laws and  as the Commissioner or his  designees may
               deem necessary to effect a prevention or  an abatement of the con-
               ditions which occasioned his declaration  of the APIE.

         15.4  Appropriate agencies of  the Commonwealth  and political subdivisions
               thereof shall cooperate  with the Commissioner and his designees in
               efforts to effect the prevention or abatement of  the Air Pollution
               Incident Emergency.

         15.5  Steps  taken by any person to effect or assist in  the prevention or
               abatement of an ir Pollution Incident Emergency shall not  be proof
               conclusive in any action to establish responsibility for the event
               or happening that occasioned the APIE and shall not prejudice his
               rights under the law.

      REGULATIONS 16-19

         (No  Regulations)
                                          -54-

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 (5.0)  REGULATION 20.   VARIANCES

          The Department,  upon its own initiative or upon application  to  it by  any
       person, after due notice and a public hearing, may vary any of  these regula-
       tions as it may deem necessary for the public good or to allay  undue hardship.
       Variances, when granted, shall be in writing.  The applicant shall  assume all
       costs such as,  but not limited to, the publishing of legal  notices  incidental
       to the application for and granting of a variance.

(16.0)  REGULATION 21.   HEARINGS

          The Department will grant a hearing, upon application in writing for  the
       purpose of reconsideration to any person to whom an Order has been  issued,
       provided that such application is made within ten (10) days of  the  receipt of
       the Order.

(15.0)  REGULATION 22.   ENFORCEMENT PROVISIONS

          22.1  Any official of any police department or agency, fire  department or
                agency, or health agency of the Commonwealth or political  subdivision
                thereof is hereby authorized to enforce, as provided for  in Section
                28 and/or Section 142B of Chapter 111, Regulations 7,  8.4  and 9 of
                these regulations.

       REGULATIONS 23 - 29

          (No Regulations)

 (2.0)  REGULATION 30.   SEVERABILITY

          30.1  Each of these regulations shall be construed as separate  to the end
                that if any regulation or sentence, clause, or phrase  thereof shall
                be held invalid for any reason, the remainder of that  regulation and
                all other regulations shall continue in full force.
                                            -55-

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FEDERALLY PROMULGATED



     REGULATIONS
         -56-

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(10.0)   52.1124    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.
                                              -57-

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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
                            -58-

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

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

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

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

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

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

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

             (a)  The  name  and address  of the applicant.

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

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

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

        (f)  An estimate, as of the first year after the date
            the indirect source  will be substantially complete
            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)  (ii) of this section.

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

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as attended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)
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(12.0)  52.1128  Transportation and land use  controls

          (a)   For purposes of this subpart,  the definitions  herein  are  applicable.

          (b)   Definitions:

               (1)  "Register" as applied to a motor  vehicle, means  the  licensing
                    of such motor vehicle for general  operation on public roads  or
                    highways by the appropriate agency of the Federal  Government or
                    by the Commonwealth.

               (2)  "Boston Intrastate Region" means  the Metropolitan  Boston Intra-
                    state Air Quality Control Region,  as defined in  81.19 of this
                    part.

               (3)  (Reserved)

               (4)  "Freeze area" means that portion  of the Boston  Intrastate
                    Region enclosed within the following boundaries:  The City of
                    Cambridge;  that portion of the City of Boston from  the Charles
                    River and the Boston Inner Harbor on north and northeast of
                    pier 4 on Northern Avenue;  by the east side of  pier 4 to B
                    Street, B Street extension of B Street to B Street,  B Street,
                    Dorchester Avenue, and the Preble Street to Old  Colony Avenue,
                    then east to the water,  then by the water's edge around
                    Columbia Point on various courses generally easterly, south-
                    erly, and westerly to the center of the bridge on Morrissey
                    Boulevard, on the east and southeast;  then due  west to Free-
                    port Street, Freeport Street, Dorchester Avenue, Southeast
                    Expressway, Southampton Street, Reading Street,  Island Street,
                    Chadwick Street, Carlow Street, Albany Street, Hunneman Street,
                    Madison Street, Windsor Street, Cabot Street, Ruggles Street,
                    Parker Street, Ward Street, Huntington Avenue,  Brook!ine-
                    Boston municipal boundary, Mountford Street to  the Boston
                    University Bridge on the southwest and west;  and the Logan
                    International Airport.  Where a street or roadway forms a
                    boundary the entire right-of-way of the street  is within the
                    freeze area as defined.

               (5)  "Boston proper" means that portion of the City of Boston,
                    Massachusetts, contained within the following boundaries:
                    The Charles River and Boston Inner Harbor on the northwest,
                    north, and northeast, the Inner Harbor, Fort Point Channel,
                    Fitzgerald Expressway, and the Massachusetts Avenue  Expressway
                    access branch on the east and southeast, and Massachusetts
                    Avenue on the west.  Where a street or roadway  forms a boun-
                    dary, the entire right-of-way of the street is within the
                    Boston proper area as here defined.
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(6)   "Regional  Administrator"  means the Administrator of Region I  of
     the U.S.  Environmental  Protection Agency.

(7)   "Governor" means the Governor of the Commonwealth or the head
     of such executive office  of the Commonwealth as the Governor
     shall  designate as responsible for carrying out specific pro-
     visions of this subpart.

(8)   "Commonwealth" means the  Commonwealth of Massachusetts.
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(12.0)  52.1134  Regulation  limiting  on-street  parking  by  commuters

          (a)   "On-street parking" means  parking  a  motor  vehicle on  any  street,
               highway,  or  roadway,  except  for legal stops within designated load-
               ing zones or areas defined for  loading  purposes, at or  before inter-
               sections, as caution, safety and emergencies  require, whether or
               not a person remains  in  the  vehicle.

          (b)   Commencing on or before  June 30, 1974,  the Commonwealth,  the City
               of Boston, the City of Cambridge,  and administrative  bodies of any
               of them having jurisdiction  over any streets, highways, or roadways
               within the City of Cambridge or Boston  proper, and the  principal
               officials and administrative bodies  thereof having responsibility
               over parking of such  streets, highways, or roadways,  shall adopt
               all necessary administrative and enforcement  procedures and regula-
               tions to effect a prohibition of on-street parking within Boston
               proper between the hours of  7 a.m. and  9:30 a.m., and within the
               City of Cambridge between the hours  of  7 a.m. and 10  a.m., except
               Saturdays, Sundays and legal holidays.   The regulations shall state
               that violation of the prohibition  shall be punishable by  a fine of
               not less than $15.  The  City of Boston  shall  at a minimum eliminate
               50 percent of on-street  parking during  the hours specified by
               January 1, 1976;  66-2/3 percent by  September 1, 1976;  and 100 per-
               cent by March 1, 1977.  The  City of  Cambridge shall at  a  minimum
               eliminate 33-1/3 percent of  on-street  parking during  the  hours
               specified by September 30, 1974;  66-2/3 percent by July  1, 1975;
               and 100 percent by March 1,  1977.  Any  other  affected entity shall
               at a minimum eliminate 33-1/3 percent  of such parking during the
               hours of 7 a.m. to  10 a.m. by January  1, 1976;  66-2/3  percent  by
               September 1, 1976, and 100 percent by  March 1, 1977.

          (c)   The following classes of vehicles  shall be exempt from  the require-
               ments of this section, provided that on-street parking  by such
               vehicles is in compliance with  local and state regulations:

               (1)  Vehicles owned  by residents of  that portion of Boston  included
                    within Boston  proper that  are registered in Boston and display
                    a resident parking  sticker for  that area issued  by the City of
                    Boston;

               (2)  Vehicles owned  by resident of Cambridge  that are registered  in
                    and parked within Cambridge and display  an appropriate  parking
                    sticker issued  by the City of Cambridge;

               (3)  Vehicles owned  and  operated by  handicapped persons with HP
                    license plates;   and

               (4)  Vehicles registered as  "commercial vehicles" by  the  Common-
                    wealth and displaying appropriate license plates.
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(d)   On or before June 30,  1974,  no owner or operator of a  motor vehicle
     shall park,  or permit  the on-street parking  of said vehicle within
     Cambridge or Boston proper except in conformity with the  provisions
     of this section and the measures  implementing  it.

(e)   The Governor and the chief executive of any  other governmental  en-
     tity on which obligations are imposed by paragraph (b) of this  sec-
     tion should, on or before April  15, 1974, submit to the Regional
     Administrator for his  approval a  detailed statement of the legal  and
     administrative steps selected to  effect the  prohibition provided  for
     in paragraphs (b) and  (d) of this section, and a schedule of imple-
     mentation consistent with the requirements of  this section.  Such
     schedule shall include as a  minimum the following:

     (1)  Designation of one or more agencies responsible for the admin-
          istration and enforcement of the program;

     (2)  The procedures by which the  designated  agency will enforce the
          prohibition provided for in  paragraphs  (b) and (d) of this
          section;

     (3)  The procedures by which vehicles exempt from the requirements
          of this section will be marked;  and

     (4)  A map showing which streets  will be subject to the ban accord-
          ing to the schedule of implementation.

(f)   Upon a finding that substantial  hardship would otherwise be experi-
     enced by employees of employment facilities  located in Cambridge,
     the Director of Traffic and Parking of the City of Cambridge may
     issue special parking  stickers to such employees which shall entitle
     vehicles to park during the hours of the ban.   Such stickers shall
     be valid only for those streets and areas of streets clearly iden-
     tified on the face of such stickers, shall be  issued with preference
     being given to carpools and vanpools and shall be subject to immed-
     iate revocation if the vehicle is cited for  a  parking violation on  a
     street or area other than those designated.   A list of all persons
     receiving such stickers shall be sent to the Regional  Administrator
     on or before July 1 of each year.

(g)   The ban shall not apply to any street space  which is subject to
     metered parking with a maximum allowable time limit of one hour.

     (40 FR 25162, June 12, 1975)
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(12.0)  52.1135  Regulation for parking  freeze

          (a)   Definitions:

               (1)  The phrase "to commence construction"  means  to  engage  in  a  con-
                    tinuous  program of  on-site construction  including  site clear-
                    ance, grading, dredging, or land  filling specifically  designed
                    for a parking facility in  preparation  for the fabrication,
                    erection,  or installation  of the  building components of the
                    facility.   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
                    continuous.

               (2)  The phrase "to commence modification"  means  to  engage  in a  con-
                    tinuous program of  on-site modification  including  site clear-
                    ance, grading, dredging, or land  filling in  preparation for a
                    specific modification of the parking facility.

               (3)  The phrase "commercial parking space"  means  a space used for
                    parking a  vehicle in a commercial parking facility.

               (4)  (Reserved)

               (5)  "Commercial parking facility" (also called "facility") means
                    any lot, garage, building  or structure,  or combination or por-
                    tion thereof, on or in which motor  vehicles  are temporarily
                    parked for a fee, excluding (i) a parking facility, the use of
                    which is limited exclusively to residents (and  guests  of resi-
                    dents) of  a residential building  or group of buildings under
                    common control, and (ii) parking  on public streets.

               (6)  "Freeze" means to maintain at all times  after October 15, 1973,
                    the total  quantity of commercial  parking spaces available for
                    use at the same amounts as were available for use  prior to said
                    date;  Provided. That such quantity may  be increased by spaces
                    the construction of which  commenced prior to October 15, 1973,
                    or as specifically permitted by paragraphs (n), (p) and (q) of
                    this section;  provided further that such additional  spaces do
                    not result in an increase of more than 10 percent  in the total
                    commercial parking spaces  available for  use on  October 15,
                    1973, in any municipality within  the freeze area or at Logan
                    International Airport  ("Logan Airport").  For purposes of the
                    last clause of the previous sentence,  the 10 percent limit
                    shall apply to each municipality and Logan Airport separately.

          (b)  (Reserved)
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(c)   There is  hereby established a freeze,  as  defined by paragraph  (a)
     (6) of this section,  on the availability  of commercial  parking facil-
     ities in  the freeze area effective October 15,  1973.   In  the event
     construction in any municipality,  commenced prior to October 15,
     1973, results in a number of spaces which exceeds the 10  percent
     limit prescribed by paragraph (a)  (6)  of  this section,  then the
     Governor  shall  immediately take all necessary steps to  assure  that
     the available commercial spaces within such municipality  shall be
     reduced to comply with the freeze.  In the event that such limit  is
     exceeded  at Logan Airport, then the provisions  of paragraph (m) of
     this section shall apply.

(d)   (Reserved)

(e)   After August 15, 1973, no person shall commence construction of any
     commercial parking facility or modification of any such existing
     facility  in the freeze area unless and until he has obtained from
     the Governor or from an agency approved by the Governor a permit
     stating that construction.or modification of such facility will be
     in compliance with the parking freeze established by paragraph (c)
     of this section.  This paragraph shall not apply to any proposed
     parking facility for which a general construction contract was
     finally executed by all appropriate parties on or before  August 15,
     1973.

(f)   The Governor shall notify the Regional Administrator in writing
     within 10 days of approval of any agency  pursuant to paragraph (e)
     of this section.  In order for any agency to be approved  by the
     Governor for purposes of issuing permits  pursuant to paragraph (e)
     of this section, such agency shall demonstrate to the satisfaction
     of the Governor that:

     (1)  Requirements for permit application  and issuance have been
          established.  Such requirements shall include but not be  lim-
          ited to a condition that before a permit may be issued the
          following findings of fact or factually supported projections
          must be made:

          (i)   The location of the facility;  and

          (ii) The total motor vehicle capacity before and after the
               proposed construction or modification of the facility.

     (2)  Criteria for issuance of permits have been established and
          published.  Such criteria shall include, but not be limited
          to:

          (i)   Full consideration of all facts contained in the appli-
               cation.
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              (ii)  Provisions  that  no  permit will be  issued  if construction or
                   modification  of  the facility will  not comply with the re-
                   quirements  of paragraph  (c) of this section.

         (3)   Agency  procedures  provide that no permit for the construction or
              modification  of  a  facility covered by this section shall be
              issued  without notice and opportunity for public hearing.  The
              public  hearing may be of a legislative  type;   the notice shall
              conform to  the requirements of 40 CFR 51.4(b);  and  the agency
              rules or procedures may  provide  that if no notice of intent  to
              participate in the hearing is received  from any member of the
              public  (other than the applicant) prior to 7 days before the
              scheduled hearing  date,  no hearing need be held.  If notice  of
              intent  to participate is required, the  fact shall be noted
              prominently in the required hearing notice.

(g)-(l)   (Reserved)

    (m)   On or before January  30, 1975, the Massachusetts Port Authority
         ("Massport") shall prepare and submit to the Governor for his approval
         a plan showing the manner in  which the number of commercial  parking
         spaces at Logan  Airport which exceeds the number of such  spaces  per-
         mitted under the freeze shall be removed from use.   The Governor
         shall approve such plan if he determines that  (1)   implementation
         of such plan would result in  reducing the aggregate number of commer-
         cial  parking spaces  to  the level of  such spaces  permitted by this
         section, (2)  Massport  has adequate  legal authority to  implement
         such  plan and (3)   adequate commitments  have been made by Massport
         to assure the Governor  that such plan will  be fully implemented  and
         maintained on and after May 1, 1976.   In the event  that  the Governor
         does  not approve such plan by April  1, 1976, then  the owner or  opera-
         tor of each  commercial  parking facility located  at  Logan  Airport
         shall, on or before  July 1, 1976,  reduce the number of commercial
         parking spaces available for use at  each such facility by an amount
         which bears  the  same  proportion to the number of spaces  exceeding
         the limit imposed by  this section  as  the number  of  spaces available
         at such facility bears  the total number of  such  spaces which were
         available for use at  Logan Airport on April  1,  1976.

    (n)   Where an agency approved by the Governor under  paragraph  (e) of this
         section to issue permits for new construction  in the City of Cam-
         bridge demonstrates  to  the satisfaction of the  Governor  that (1)
         specific on-street parking spaces  in use  as of  October  15, 1973,
         were being legally and  regularly used as  of such date  for parking
         by commuters (as that term is defined in  52.1161(a) (6))  who are not
         residents of Cambridge  and that (2)   effective measures  have been
         implemented  (including  adequate enforcement) to  prevent such spaces
         from being used by such commuters, then such approved  agency may
         issue permits for construction of additional new commercial parking
         spaces equal to one-half of the number of  spaces removed from
         regular use by such commuters and the total  quantity of commercial
         parking spaces allowable in Cambridge under this section shall  be
         raised accordingly.
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(o)   On or before July 31,  1976,  and on or before  each  succeeding  July  31,
     the Governor and the chief executive officer  of any agency  approved
     by the Governor under paragraph (e)  of this section shall submit a
     report to the Regional  Administrator setting  forth:

     (1)  The names and addresses of all  persons who received  permits
          during the  previous  twelve-month period  ending June 30  and num-
          ber of spaces allocated to each such person;

     (2)  The number of commercial  parking spaces  available  for  use  as  of
          the June 30 prior to  the date of the report;

     (3)  The number of commercial  parking spaces  which remain available
          for allocation by the Governor or such agency as of  the  June
          30 prior to the date  of the report,  including those  spaces
          made available because of retirement of  existing commercial
          parking spaces as well  as those spaces made available  because
          of the effects of paragraphs (n), (p) and (q) of this  section;
          and

     (4)  The location and capacity of any park-and-ride facility  desig-
          nated under paragraph (p) of this section.

(p)   The Governor and any approved agency may  issue a permit to  construct
     a commercial parking facility which is designated  by the  Governor  as
     a park-and-ride facility to be operated in conjunction  with mass
     transit service without regard to the limitations  on number of
     spaces imposed by this section.

(q)   Where an agency approved by the Governor  can  demonstrate  to the
     satisfaction of the Governor that there have  been  physically  elim-
     inated through permanent modification or  demolition any legal on-
     street parking spaces within a municipality then such agency  may
     issue permits for construction within that municipality of  addi-
     tional new commercial  parking spaces equal to the  number  of spaces
     thus eliminated and the total  quantity of commercial parking
     spaces allowable for such municipality under  this  section shall be
     increased accordingly.

(r)   The provisions of this regulation shall cease to be effective as to
     that portion of the freeze area lying within  the City of Boston and
     not included within Boston proper or Logan Airport at such  time as
     the City of Boston implements a program,  approved  by the Governor,
     which shall include effective measures to control  the construction
     of additional commercial parking spaces within that area, includ-
     ing procedures for issuance of conditional use permits  under  appli-
     cable zoning regulations and for assuring compliance with all air
     quality requirements under state and Federal  law.

     (40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug.  29,
     1975).
                               -74-

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52.1136  (Reserved)





52.1137  (Reserved)
                                   -75-

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(12.0)  52.1138  Regulation for computer carpool  matching

          (a)   "Carpool  matching" means assembling lists of commuters  with similar
               daily travel  patterns and providing a mechanism by which persons  on
               such lists may be put in contact  with each other for the purpose  of
               forming carpools.

          (b)   This section is applicable in the Boston Intrastate Region.

          (c)   The Governor shall establish a program for encouraging  employers  and
               educational institutions to set up carpool matching programs within
               facilities under their control.  The program shall  provide for:

               (1)  The distribution to each employer or educational facility sub-
                    ject to 52.1161  by August 31, 1975, of a manual  adequately
                    showing how to establish and maintain a carpool  program;

               (2)  A computer program available by July 15, 1975, to  any such em-
                    ployer or educational institution or group for the purpose of
                    carpool  matching by use of such computer program;

               (3)  Processing by the Commonwealth beginning July 15,  1975, of any
                    set of properly prepared computer cards for 400 or more commu-
                    ters submitted by any such employer or educational institution
                    or group and distributing the results of any computer carpool
                    matching only to such persons;  and

               (4)  Necessary guidance and technical consulting to the affected
                    facilities subject to 52.1161(b) (7) available by  July 15, 1975,
                    in order to initiate and maintain the carpooling program.


(12.0)  52.1139  Preferential bus/carpool treatment

      (a)-(h)   (Reserved)

          (i)   On or before December 31, 1976, the Commonwealth shall  perform and
               complete feasibility studies on incentive measures involving pref-
               erential  bus and carpool treatment and other measures designed to
               reduce emissions by vehicles in the Boston Intrastate Region.  Such
               measures shall include, but are not limited to:

               (1)  Alternative mechanisms for bus/carpool preferential treatment.

                    (i)  Such mechanisms shall include, but are not limited to:

                         (A)  Exclusive bus-carpool lanes, including wrong-way
                              bus/carpoo1 lanes;  and
                         (B)  Restriction of the downtown on and off ramps for use
                              only by buses and carpools during commuting hours
                              (off ramps between 6:30 a.m. and 9:30 a.m., and on
                              ramps between 3:30 p.m. and 6:30 p.m.).
                                         -76-

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(ii)    Such mechanisms  should  be considered  for use  in  the
       following generally-deined corridors, or whatever com-
       bination of listed and/or other routes as the study
       may determine to be feasible (listed  routes end  at
       Massachusetts Route 128,  unless otherwise noted):

       (A)  Northeast Corridor:   U.S.  Route  1 and C-l,  and
            Interstate  Route 95;  Massachusetts Route 1-A and
            107 (to Lynn);
       (B)  North Corridor: U.S. Interstate Route 93;   Massa-
            chusetts Route 28  (to Stoneham);  McGrath-O'Brien
            Highway;  Mystic Valley Parkway  (to Winchester);
       (C)  Northwest Corridor:   Massachusetts Route 2;
            Massachusetts Avenue (Arlington  to Harvard Square);
            Alewife Brook Parkway;  Fresh Pond Parkway;
       (D)  West Corridor:  Massachusetts Turnpike;   Massa-
            chusetts Route 9 (to Massachusetts Route 16);
            Memorial Drive;  Storrow Drive;   Soldiers Field
            Road;
       (E)  Southwest Corridor:   U.S.  Route  1;  Arborway;
            Washington Street  (to  Massachusetts Route 1);
       (F)  South Corridor: Massachusetts Route 28  and 136;
            Tremont Street;  Columbus  Avenue;  Sever Street;
            Blue Hill Avenue;
       (6)  Southeast Corridor:   Southeast Expressway;
            Massachusetts Route 128 (from U.S. Interstate Route
            95 to the Southeast Expressway);  Massachusetts
            Route 3 (to Massachusetts  Route 18);  Massa-
            chusetts Route 3-A  (to Hingham);  Massachusetts
            Route 28;  Morrissey Boulevard;
       (H)  Central Corridor:   Central Artery;
       (I)  North Circumferential Corridor:   Massachusetts
            Route 16/Mystic Valley Parkway;
       (J)  Circumferential Corridor:   Massachusetts Route 128
            (from Intersection with U.S. Route 1 in the north
            to Massachusetts Route 3  in the south);   and
       (K)  Downtown Boston Corridor:   Washington Street.

(iii)  Factors which should be considered in connection with
       the feasibility of such mechanisms should include, but
       are not limited to, the  physical characteristics of the
       roads, existing congestion level of roads, predicted bus
       volumes, before/after person capacity with and without
       the bus lane, cumulative net time savings, cost, the
       usefulness of mechanisms  in reducing  commuter vehicle
       miles traveled, the effects of the mechanisms upon
       parallel rail transit (where applicable)  and other costs
       and benefits to users and non-users.
                     -77-

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     (2)   Toll  restructuring on the Massachusetts  Turnpike  Authority
          and Massachusetts  Port Authority bridges,  tunnels,  and roads
          so as to provide incentives  for bus  and  carpool use,  such as
          (but not limited to):

          (i)    Preferential  lanes at toll  gates  and/or lower  fares  for
                 buses and carpools;

          (ii)    Raising tolls during  commuting hours  so as to  collect
                 all  revenues during those hours and allowing free usage
                 at other times;  and

          (iii)  Use of one-way toll collection at all  toll booths to
                 reduce waiting time.

(j)   On or before January 1, 1976 the  Commonwealth shall submit to the
     Regional Administrator a scope of work for each study  specified  in
     paragraph (i) of this section. The Commonwealth  also  shall submit
     a schedule describing the timing  and contributions of  agency par-
     ticipants.  On or before July 31, 1976, the Commonwealth shall sub-
     mit to the Regional Administrator preliminary drafts of each such
     study.

(k)   The Commonwealth shall  structure  the studies  so as to  ensure the
     effective participation of all affected state,  regional, and local
     agencies whose areas of jurisdiction would be affected by  any
     matter to be studied, of interested citizen and public interest
     groups, and of affected cities and towns.  Two key agencies that
     should be involved from the outset are the Joint Regional  Trans-
     portation Committee and the Central Transportation Planning Staff,
     which fulfills various Commonwealth and Federal transportation
     planning requirements, including  coordination of the Unified Work
     Program.  Prior to submitting final studies and recommendations  to
     the Regional Administrator, the Commonwealth  shall make drafts
     available to the Regional Administrator and relevant Federal
     agencies such as the Federal Highway Administration, U.S.  Urban
     Mass Transit Authority ("UMTA"),  U.S. Department of Transportation,
     and Federal Energy Administration.  Each affected agency shall  have
     60 days in which to submit written comments to the Commonwealth.
     The Commonwealth shall  take such  comments into account in  preparing
     the final  studies for submission  to the Regional  Administrator.
     Copies of all comments received shall be submitted to  the  Regional
     Administrator.

     (1)  To the fullest extent possible the bus feasibility studies
          should be coordinated with the ongoing UMTA planning  process,
          particularly-in regard to preparation of the Unified  Work
          Program and to the requirements of section 5(d)  (2) of the
          National Mass Transportation Act of 1974.

           (40 FR 25164, June 12, 1975)
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(12.0)  52.1140  Regulation for Inspection and maintenance

          (a)   Definitions:

               (1)  "Inspection and maintenance program"  means  a program to reduce
                    emissions from in-use vehicles through identifying vehicles
                    that need emission control-related maintenance and requiring
                    that such maintenance be performed.

               (2)  "Light-duty vehicle" means a gasoline-powered motor vehicle
                    rated at 6,000 Ib GVW or less.

               (3)  "Medium-duty vehicle" means a gasoline-powered motor vehicle
                    rated at more than 5,000 Ib GVW and less than 10,000 Ib GVW.

          (b)   This section is applicable in the Boston Intrastate Region.

          (c)   The Commonwealth shall establish an inspection and maintenance pro-
               gram applicable to all gasoline powered light-duty and medium-duty
               vehicles registered in the Boston Intrastate Region that operate on
               streets and highways over which it has jurisdiction.  No later than
               April 1, 1976, the Commonwealth shall submit legally adopted reg-
               ulations to the Regional Administrator establishing such a program.
               Antique motor vehicles designated by the appropriate state regis-
               tration procedures shall be exempt from the requirements of this
               section.  The regulation shall include:

               (1)  Provisions for inspection of all such motor vehicles by means
                    of an idle emission test at periodic intervals at least once
                    each year on a rotating schedule which provides for inspection
                    of all such vehicles over a 12-month period with the first
                    segment of such schedule commencing on August 1, 1976.

               (2)  Provisions for establishing and periodically revising emission
                    limitations approved by the Regional  Administrator to be in
                    effect at all times which are designed to achieve an overall
                    annual reduction in vehicular emissions within the Boston
                    Intrastate Region of 11 percent of hydrocarbons and 9 percent
                    of carbon monoxide which would otherwise be emitted.

               (3)  Provisions to require that failed vehicles receive, within 2
                    weeks, the maintenance necessary to achieve compliance with
                    the inspection standards.  This shall include sanctions against
                    non-complying individual owners and repair facilities, retest
                    of failed vehicles following maintenance, a certification pro-
                    gram to insure that repair facilities performing the required
                    maintenance have the necessary equipment, parts and knowledge-
                    able technicians to perform the tasks satisfactorily, and such
                    other measures as may be necessary or appropriate.
                                           -79-

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     (4)   A program of enforcement,  such  as  a  spot check  of  idle  adjust-
          ment,  to  insure  that,  following maintenance,  vehicles are  not
          subsequently readjusted  or modified  in  such a way  as would
          cause  them no longer to  comply  with  the inspection standards.
          This  program shall  include appropriate  penalties for violation.

     (5)   Designation of an  agency or agencies responsible for conducting,
          overseeing, and  enforcing  the inspection and  maintenance pro-
          gram.

(d)   Commencing  August 1,  1976,  the  State shall not register or allow  to
     operate on  its highways  any light-duty  vehicle or  medium-duty ve-
     hicle that  does not comply  with the  applicable standards and pro-
     cedures adopted pursuant to paragraph (c) of this  section.   This
     shall not apply to the  initial  registration  of a new motor vehicle.

(e)   Commencing  August 1,  1976,  no owner  of  a  light-duty  or  medium-duty
     vehicle shall  operate or allow  the operation of any  such vehicle  that
     does not comply with  the applicable  standards and  procedures adopted
     pursuant to paragraph (c) of  this section.   This shall  not apply  to
     the  initial registration period of a new  motor vehicle.           '

(f)   The  Commonwealth of Massachusetts shall submit, no later than Sep-
     tember 1,  1975, a detailed  compliance schedule showing  the steps  it
     will take  to establish  and  enforce an inspection and maintenance
     program pursuant to paragraph (c) of this section, including the
     text of any needed statutory  proposals, and  needed regulations  that
     it will propose for adoption.  The compliance schedule  shall also
     include:

     (1)   The date  by which  the  Commonwealth will recommend  the needed
          legislation to the legislature;

     (2)   The date  by which  the  necessary equipment will  be  ordered;

     (3)   A statement from the Governor  identifying the sources and
          amounts of funds for the program.   If the program  cannot le-
          gally  be funded  or implemented  under existing statutory
          authority, the text of needed  legislation must  be  submitted.

(g)   The  Commonwealth shall  submit,  no later than September  1,  1975,
     the  text of any needed  statutory proposals or regulations  to en-
     sure that  the inspection and  maintenance  system contains safe-
     guards to  protect consumers,  including  (but  not limited to):

     (1)   Upgrading of the current procedures  and requirements  for
          certification of inspection stations to provide that  the
          operators and employees  performing such work  on vehicles are
          responsible and  competent to do so;   and
                               -80-

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        (2)   Protection of consumers  from loss  due  to  negligent  performance
             of inspection and related  maintenance  work.

             (40 FR 25164, June 12,  1975)


52.1141  - 52.1143  (Reserved)
                                   -81-

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(12.0)  52.1144  Regulation on evaporative emissions from retail  gasoline outlets

          (a)      "Gasoline" means any petroleum distillate having a Reid vapor
                  pressure of 4 pounds or greater.

          (b)      This section is applicable in the Boston Intrastate Region.   The
                  requirements for this section shall  be in effect in accordance
                  with 52.1147.

          (c)  (1) No person shall transfer gasoline from any delivery vessel  into
                  any stationary storage container with a capacity greater than
                  250 gallons unless such container is equipped  with a submerged
                  fill pipe and unless the displaced vapors from the storage  con-
                  tainer are processed by a system that prevents release to the
                  atmosphere of no less than 90 percent by weight of organic  com-
                  pounds in said vapors displaced from the stationary container
                  location.

                  (i)   The vapor recovery portion of the system shall include
                        one or more of the following:

                        (a)  A vapor-tight return line from the  storage container
                             to the delivery vessel and a system that will ensure
                             that the vapor return line is connected before gaso-
                             line can be transferred into the container.

                        (b)  A refrigeration-condensation system or equivalent de-
                             signed to recover no less than 90 percent by weight
                             of the organic compounds in the displaced vapor.

                  (ii)  If a "vapor-tight vapor return" system is used to meet the
                        requirements of this section, the system shall be so con-
                        structed as to be readily added on to retrofit with an
                        absorption system, refrigeration-condensation system, or
                        equivalent vapor removal system, and so  constructed as to
                        anticipate compliance with 52.1144(d) (1).


                  (iii) The vapor-laden delivery vessel shall be subject to the
                        following conditions:

                        (a)  The delivery vessel must be so designed and maintained
                             as to be vapor tight at all times.

                        (b)  The vapor-laden delivery vessel may be refilled only
                             at facilities equipped with a vapor recovery system
                             or the equivalent that can recover at least 90 per-
                             cent by weight of the organic compounds  in the vapors
                             displaced from the delivery vessel  during refilling.
                                         -82-

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    (2)  Gasoline  storage  compartments of 1,000 gallons or less in gaso-
        line  delivery  vehicles  presently in use on October 15, 1973, will
        not be  required to  be retrofitted with a  vapor return system un-
        til January  1, 1977.

    (3)  The provisions of this  paragraph shall not apply to  the  following:

        (i)   Stationary  containers  having a capacity less than  550 gal-
             lons used exclusively  for the fueling of implements of
             husbandry,  provided, however, said  containers  are  equipped
             with submerged  fill  pipes.

        (ii)  Any container having a capacity of  less than 2,000 gallons
             installed prior to  October 15, 1973.

        (iii) Transfers made  to storage tanks equipped with  floating
             roofs  or their  equivalent.

(d)  (1)  A person  shall not  transfer  gasoline to an automotive fuel  tank
        from  gasoline  dispensing  systems unless the transfer is  made
        through a fill nozzle designed  to:

        (i)   Prevent  discharge of hydrocarbon  vapors to the atmosphere
             from either the vehicle filler neck or a dispensing  noz-
             zle;

        (ii)  Direct vapor displaced from  the automotive fuel tank  to a
             system wherein  at least 90 percent  by weight of the  or-
             ganic  compounds in  displaced vapors are recovered;  and

        (iii) Prevent  automotive  fuel tank overfills or  spillage on fill
             nozzle disconnect.

    (2)  The system  referred to  in paragraph  (d)  (1) of  this  section can
        consist of  a vapor-tight  vapor return  line from  the  fill nozzle-
        filler  neck  interface to  the dispensing tank, to an  adsorption,
        absorption,  incineration, or refrigeration-condensation  system
        or equivalent.

    (3)  Components  of the system  required  by  paragraph  (c)  (1)  of  this
        section can  be used for compliance with this  paragraph.

    (4)  If it is demonstrated to  the satisfaction of  the Administrator
        that it is  impractical  to comply with  the provisions of para-
        graph (d) (1)  of this section as  a result of  fill  neck  configu-
        ration, location, or other design  features of a  class  of ve-
        hicles, the  provisions  of paragraph (d) (1)  shall  not  apply to
        such vehicles.  However,  in  no case shall such  configuration
        exempt  any  gasoline dispensing facility from  installing a  system
        required by  paragraph (d) (1) of this  section.

        (38 FR  30969,  Nov.  8, 1973)
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(50.4)  52.1145  Regulation on organic solvent use

          (a)   Definitions:

               (1)   "Organic solvents" include diluents  and thinners  and  are  de-
                    fined as organic materials which  are liquids  at standard  con-
                    ditions and which are used as dissolvers,  viscosity reducers,
                    or cleaning agents,  except that such materials which  exhibit
                    a boiling point higher than 220°F. at 0.5  millimeters of  mer-
                    cury absolute pressure or having  an  equivalent vapor  pressure
                    shall not be considered to be solvents unless exposed to
                    temperatures exceeding 220°F.

               (2)   "Solvent of high photochemical  reactivity" means  any  solvent
                    with an aggregate of more than 20 percent  of  its  total  volume
                    composed of the chemical  compounds classified below or which
                    exceeds any of the following individual  percentage composition
                    limitations in reference to the total  volume  of solvent:

                    (i)   A combination  of hydrocarbons, alcohols, aldehydes,
                          esters, ethers, or ketones  having an olefinic or cyclo-
                          olefinic type  of unsaturation:  5 percent;

                    (ii)  A combination  of aromatic compounds  with eight  or more
                          carbon atoms to the molecule except  ethyl benzene:  8
                          percent;

                    (iii) A combination  of ehtylbenzene, ketones  having branched
                          hydrocarbon structures, trichloroethylene or toluene:
                          20 percent.  Whenever any organic solvent or any con-
                          stituent of an organic solvent may be classified from
                          its chemical structure into more than one of the above
                          groups of organic compounds, it shall be considered as
                          a member of the most reactive  chemical  group, that  is,
                          that group having the .least allowable percentage of
                          total volume of solvents.

               (3)   "Organic materials"  are chemical  compounds of carbon  exclud-
                    ing carbon monoxide, carbon dioxide, carbonic acid, metallic
                    carbides, metallic carbonates, and ammonium carbonate.

          (b)   This section is applicable throughout  the Boston Intrastate Re-
               gion.  The requirements of this section shall be in effect in  ac-
               cordance with 52.1147.
                                         -84-

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(c)   No person shall  cause,  allow,  suffer,  or  permit  the  discharge  into
     the atmosphere of more  than  15 pounds  of  organic  materials  in  any
     1  day,  nor more than 3  pounds  of organic  materials in  any 1  hour,
     from any article, machine, equipment,  or  other contrivance,  in
     which any organic solvent or any material  containing organic sol-
     vent comes into contact with flame  or  is  baked,  heat-cured,  or
     heat-polymerized, in the presence of oxygen,  unless  said discharge
     has been reduced as a result of the installation  of  abatement  con-
     trols by at least 85 percent.   Those portions of any series  of ar-
     ticles, machines, equipment, or other  contrivances designed  for
     processing a continuous web, strip, or wire that emit  organic
     materials and use operations described in this section shall be
     collectively subject to compliance  with this  section.

(d)   No person shall  cause,  suffer, allow,  or  permit  the  discharge  into
     the atmosphere of more  than  40 pounds  of  organic materials  in  any
     1  day,  nor more than 8  pounds  in any 1 hour,  from any  article,
     machine, equipment, or  other contrivance  used under  conditions
     other than described in paragraph (c)  of  this section  for employ-
     ing, or applying any solvent of high photochemical reactivity  or
     material containing such photochemically  reactive solvent,  unless
     said discharge has been reduced as  a result of the installation of
     abatement controls by at least 85 percent.  Emissions  of organic
     materials into the atmosphere  resulting from air or  heated  drying
     of products for the first 12 hours  after  their removal from any
     article, machine, equipment  or other contrivance, described in
     this section shall be included in determining compliance with  this
     section.  Emissions resulting  from baking, heat-curing, or  heat-
     polymerizing as described in paragraph (c) of this section  shall be
     excluded from determination  of compliance with this  section.  Those
     portions of any series  of articles, machines, equipment, or other
     contrivances designed for processing a continuous web, strip,  or
     wire that emit organic materials and use  operations  described  in
     this section shall be collectively subject to compliance with  this
     section.

(e)  Emissions of organic materials to the  atmosphere from the  clean-up
     with a solvent of high photochemical reactivity, or  any article,
     machine, equipment, or other contrivance  described in paragraph
     (c) or (d), or in this paragraph, shall be included  with the other
     emissions of organic materials from that article, machine,  equip-
     ment or other contrivance for  determining compliance with  this
     section.

(f)  No person shall cause, suffer, allow,  or permit  during any one day
     disposal of a total of more than 1.5 gallons of  any  solvent of high
     photochemical reactivity, or of any material containing more than
     1.5 gallons of any such photochemically reactive solvent by any
     means that will permit the evaporation, of such solvent into the at-
     mosphere.
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(g)   Emissions  of organic materials  into  the  atmosphere  required  to  be
     controlled by paragraph  (c)  or  (d) of this  section  shall  be  reduced
     by:

     (1)   Incineration,  provided  that 90  percent or more of  the carbon  in
          the organic material  being incinerated is converted  to  carbon
          dioxide, or

     (2)   Adsorption, or

     (3)   The use of other abatement control  equipment determined by the
          Regional Administrator  to  be no less effective than  either of
          the above methods.

(h)   A person incinerating, adsorbing, or otherwise processing organic
     materials  pursuant  to this section shall provide, properly install
     and  maintain in calibration, in good working order, and in operation,
     devices as specified in  the  authority to construct, or  as specified
     by the Regional Administrator,  for indicating temperatures,  pres-
     sures, rates of flow, or other  operating conditions necessary to
     determine  the degree and effectiveness of air pollution control.

(i)   Any  person using organic solvents or any materials  containing or-
     ganic solvents shall supply  the Regional Administrator  upon  request
     and  in the manner and form prescribed by him, written evidence  of
     the  chemical composition,  physical properties, and  amount consumed
     for  each organic solvent used.

(j)   The  provisions of this rule  shall not apply to:

     (1)   The manufacture of  organic solvents, or the transport or stor-
          age of organic solvents or materials containing organic sol-
          vents.

     (2)   The spraying or other use  of insecticides,  pesticides,  or
          herbicides.

     (3)   The employment, application, evaporation, or drying  of  satu-
          rated halogenated hydrocarbons  or perchloroetnylene.

     (4)   The use of any material, in any article, machine,  equipment or
          other contrivance described in  paragraph (c),  (d), or  (e)  of
          this  section if:

          (i)   The volatile  content of such  material consists only  of
                water, and organic solvents;

          (ii)   The organic solvents comprise not more than  30 percent
                by volume of  said volatile content;

          (iii) The volatile  content is not a solvent of high  photo-
                chemical reactivity, as defined  in paragraph  (a) of this
                section; and
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          (iv)  The organic solvent or any material containing organic
               solvent does not come into contact with flame.  This
               last stipulation applies only for those articles, ma-
               chines, equipment or other contrivances that are con-
               structed or modified after November, 1973.

     (5)   The  use of any material, in any article, machine, equipment,
          or other contrivance described in paragraph (c), (d), or (e)
          of this section if:

          (i)   The organic solvent content of such material does not
               exceed 30 percent by volume of said material;

          (ii)  The volatile content is not a solvent of high photo-
               chemical reactivity,  and

          (iii) (Reserved)

          (iv)  The organic solvent or any material containing organic
               solvent does not come into contact with flame.  This
               last stipulation applies only for those articles, ma-
               chines, equipment or other contrivances that are con-
               structed or modified after November 8, 1973.

     (6)   (Reserved)

     (7)   An article, machine, equipment or other contrivance described
          in paragraphs  (c),  (d) or (e) of this section used exclusively
          for  chemical or physical analyses or determination of product
          quality and commercial acceptance provided that:

          (i)   The exemption  is approved in writing by the Regional
               Administrator;

          (ii) The operator  of said article, machine, equipment or  con-
               trivance is not an integral part of the production pro-
               cess; and

          (iii) The emissions  from said article, machine,  equipment  or
               other contrivance do not exceed 800 Ibs.  in any calendar
               month.

(k)  (Reserved)

(1)  All  determinations of emission rates shall be conducted  in a manner
     approved  in writing by the Regional Administrator.

     (40  FR 25165,  June  12, 1975)
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(51.21)  52.1146  Regulation on architectural  coatings

           (a)  "Architectural coating" means a coating used for buildings  and
                their appurtenances.

           (b)  This regulation is applicable within the Boston Intrastate  Region.
                All  sources subject to this section shall  be in compliance  with
                paragraphs (c), (d),  and (e)  of this section on or before January
                1, 1975.

           (c)  No person shall sell  or offer for sale, for use within the  Boston
                Intrastate Region, in containers of 1 quart capacity or larger,
                any architectural  coating containing a solvent of high photochem-
                ical reactivity as defined in 52.1145(a) (2).

           (d)  No person shall employ, apply, evaporate,  or dry any architectural
                coating purchased  in  containers of 1 quart capacity or larger,  con-
                taining a solvent  of high photochemical reactivity.

           (e)  No person shall thin  or dilute any architectural coating with a  sol-
                vent of high photochemical reactivity.
                (38 FR 30970, Nov. 8, 1973)


 (6.0)  52.1147  Federal  compliance schedules

           (a)  Except as provided in paragraph (c) of this section, the owner  or
                operator of a source subject to regulation under paragraph  (c)  (1)
                of 52.1144 and 52.1145 shall  comply with the increments of  progress
                contained in the following schedule:

                (1)  Final control plans for emission control systems or process
                     modifications must be submitted on or before June 1,  1974,  for
                     sources subject to 52.1144(c), (1) and on or before May 1,  1974
                     for sources subject to 52.1145.

                (2)  Contracts for emission control systems or process modifications
                     must be awarded or orders must be issued for the purchase  of
                     component parts  to accomplish emission control or process  mod-
                     ifications on or before March 1, 1975, for sources subject to
                     52.1144(c) (1) and on or before July 1, 1974, for sources  sub-
                     ject to 52.1145.

                (3)  Initiation of on-site construction or installation of  emission
                     control equipment or process modification must begin  on or
                     before May 1, 1975, for sources subject to 52.1144(c)  (1)  and on
                     or before August 15, 1974, for sources subject to 52.1145.
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     (4)  On-site  construction or  installation of emission control equip-
         ment or  process modification must be completed prior to April 15,
         1975,  except  for  purposes of paragraph (c)  (1) of 52.1144, the
         applicable  date shall be February 1, 1976.

     (5)  Final  compliance  is to be achieved prior to May 31, 1975, ex-
         cept for sources  subject to paragraph (c)  (1) of 52.1144 of
         this subpart.  Final compliance for sources subject to para-
         graph  (c)  (1)  of  52.1144 is to be achieved  by June 1, 1976.

         (i)    Facilities  subject to (c) (1) (iii)  of 52.1144 of this
                subpart which have a daily throughput of 20,000 gallons
                of gasoline or less are required to  have a vapor re-
                covery  system in operation no later  than May 31, 1977.
                Delivery vessels and storage containers served exclu-
                sively  by facilities required to have a vapor recovery
                system  in operation no later than May 31, 1977, also are
                required to meet the provisions of this section no later
                than  May 31, 1977.

     (6)  Any owner or  operator of stationary sources subject to com-
         pliance  schedule  in this subparagraph shall certify to the
         Administrator within 5 days after the deadline for each incre-
         ment of  progress, whether or not the required increment of
         progress has  been met.

     (7)  Any gasoline  dispensing  facility subject to paragraph  (c)  (1)
         of 52.1144 which  installs a storage tank after October 15,
         1973,  shall comply with  such paragraph by  March 1, 1976.  Any
         facility subject  to such paragraph which installs a storage
         tank after March  1, 1976 shall comply with such paragraph at
         the time of installation.

(b)   Except as provided in  paragraph  (d) of this section, the owner or
     operator of a source subject  to paragraph (d) (1) of 52.1144 shall
     comply with the increments of progress contained in the following
     compliance  schedule:

     (1)  Final  control plans for  emission control systems or process
         modifications must be submitted prior to January 1, 1975.

     (2)  Contracts for emission control systems or  process modifications
         must be  awarded or orders must be issued for the purchase of
         component parts to accomplish emission control or process
         modification  prior to March 1, 1975.

     (3)   Initiation of on-site construction or installation of  emission
         control  equipment or process modification  must begin not
         later  than May 1, 1975.
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     (4)   On-site construction  or installation  of emission  control  equip-
          ment or process  modification  must be  completed  prior  to May  1,
          1977.

     (5)   Federal compliance is to be achieved  prior  to May 31,  1977.

     (6)   Any owner or operator of stationary sources  subject to the
          compliance schedule in this subparagraph shall  certify to the
          Administrator, within 5 days  after the  deadline for each  in-
          crement of progress,  whether  or not the required  increment of
          progress has been met.

     (7)   Any gasoline dispensing facility subject to  paragraph  (d) (1)
          of 52.1144 which installs a gasoline  dispensing system after
          the effective date of this regulation shall  comply with the
          requirements of  such  paragraph  by May 31, 1977.   Any  facility
          subject to such  paragraph which installs a  gasoline dispensing
          system after May 31,  1977, shall  comply with such paragraph at
          the time of installation.

(c)   Paragraph (a) of this section shall  not apply:

     (1)   To a source which is  presently  in compliance with all  require-
          ments of paragraph (c) (1) of 52.1144 and 52.1145 and  which
          has certified such compliance to the  Administrator by  June 1,
          1974.   The Administrator may  request  whatever supporting  in-
          formation he considers necessary for  proper certification.

     (2)   To a source for  which a compliance schedule  is  adopted by the
          Commonwealth and approved by  the Administrator.

     (3)   To a source subject to 52.1144  (c) (1)  whose owner or  operator
          submits to the Administrator  by June  1, 1974, a proposed  al-
          ternative compliance  schedule.   No such schedule  may  provide
          for compliance after  March 1, 1976..   If promulgated by the Ad-
          ministrator, such schedule shall  satisfy the requirements of
          this paragraph for the affected source.

     (4)   To a source subject to 52.1145  whose  owner  or operator submits
          to the Administrator  by May 1,  1974,  a  proposed alternative
          compliance schedule.   No such schedule  may  provide for compli-
          ance after May 31, 1975.  If  promulgated by the Administrator,
          such schedule shall satisfy the requirements of this  paragraph
          for the affected source.
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   (d)   Paragraph  (b)  of this  section  shall  not  apply:

        (1)   To a  source which is  presently  in compliance with  paragraph
             (d) (1)  of 52.1144 and  which  has certified  such  compliance to
             the Administrator by  January  1, 1975.   The  Administrator may
             request  whatever  supporting  information he  considers  necessary
             for proper certification.

        (2)   To a  source for which a compliance  schedule is adopted  by the
             State and approved by the Administrator.

        (3)   To a  source whose owner or operator submits to the Adminis-
             trator by June 1, 1974, a proposed  alternative schedule.  No
             such  schedule may provide for compliance after May 31,  1977.
             If promulgated by the Administrator, such schedule shall sat-
             isfy  the requirements of  this paragraph for the  affected
             source.

   (e)   Nothing in this paragraph  shall preclude the Administrator from pro-
        mulgating  a separate schedule  for any source to  which the  appli-
        cation of  the compliance schedule in paragraphs  (a) or (b) of this
        section fails to satisfy and requirements of 40  CFR 51.15  (b) and
        (c).

        (38 FR 30970, Nov. 8,  1973,  as amended at 39 FR  4881, Feb. 8,
         1974;  39 FR 41253, Nov.  26,  1974;  41  FR 10224, Mar.  10, 1976)

        Note:  The compliance  dates  given in paragraphs  (b)  (l)-(3)  were
               deferred indefinitely at 40 FR 1127, Jan. 6, 1975.


52.1148  Definitions  for the purpose of 52.1149  through  52.1155

   (a)   "Register", as applied to  a  motor vehicle, means the  licensing of
        such motor vehicle for general operation on public  roads or  high-
        ways by the appropriate agency of the  Federal Government or  by the
        State.

   (b)   "Interstate Region" means  the  Massachusetts portion of the Hartford-
        New Haven-Springfield Interstate  Air Quality Control  Region  as de-
        fined in 81.19 of this title.

   (c)   "Off-street parking facility"  means  any  facility, building,  struc-
        ture, or lot, or portion thereof  used  primarily  for temporary
        storage of motor vehicles.
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          (d)   "Zone 1"  means  that portion  of the City  of Springfield,  Massachu-
               setts contained within the following  boundaries:   The  Connecticut
               River on  the west;   the railroad  track on  the  north  (near  Lyman
               Street);   Chestnut  and Maple Streets  on  the east;  and Stockbridge
               and Bliss Streets on the south.   Where a street or a roadway  is  a
               boundary, the entire right-of-way of  the street is within  Zone 1
               as here defined.

          (e)   "Zone 2"  means  that portion  of the City  of Springfield,  Massachu-
               setts contained within the following  boundaries:   The  Connecticut
               River on  the west;   Bliss and Stockbridge  Streets  on the north;
               Maple, Pine, Windsor, Knox,  Mill, and Dickinson Streets  on the east;
               Woodside  Terrace, Forrest Park Avenue, Leete Street, and Longhill
               Street on the south.  Where  a street  or  roadway is a boundary, the
               entire right-of-way of the street is  within Zone 2 as  here defined.

               (38 FR 30839, Nov.  7, 1973)


(12.0)  52.1149  Regulation limiting on-street parking

          (a)   "On-street parking" means stopping a  motor vehicle on  any  street,
               highway,  or roadway (except  for legal stops at or  before inter-
               sections  and as caution and  safety require) whether or not a  per-
               son remains in  the  vehicle and all  such  stops  when the driver does
               not remain in the vehicle.

          (b)   Commencing on or before July 1, 1974, the  Commonwealth of  Massachu-
               setts and the City  of Springfield and any  political  subdivision  or
               administrative  bodies of either having jurisdiction  over any  states,
               highways, or roadways within- Zone 1,  shall adopt all necessary ad-
               ministrative and enforcement procedures  to effect  a  prohibition  of
               on-street parking within Zone 1 between  the hours  of 7 a.m. and
               10 a.m. except  on Saturdays, Sundays, and  legal holidays.   The
               regulations shall state that violation of  the  prohibition  shall  be
               punishable by a fine of not  less  than $50  and  removal  of the  offend-
               ing vehicle. The limitation on on-street  parking  shall  be conducted
               in a phased-in  manner to be  completed by March 1,  1975.  Each such
               governmental entity shall at a minimum eliminate 33-1/3  percent  of
               currency  existing on-street  parking during the hours specified by
               September 30, 1974;  66-2/3  percent by December 31,  1974;   and 100
               percent by March 1, 1975.

          (c)   Exceptions to this  regulation shall be granted for vehicles owned by
               residents of Zone 1 that are parked near the owner's residence,  pro-
               viding such on-street parking is  in compliance with  existing  parking
               regulations of  the  City and  Commonwealth.   Exemptions  of vehicles
               owned or  operated by handicapped  persons and disabled  veterans
               (HP and V license plates) may also be granted.
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   (d)   On  or after June 30,  1974,  no owner of a  motor  vehicle  shall  park,
        or  permit the on-street parking  of, said  vehicle  on  a street  or  road-
        way within Zone 1  except in conformity with  the provisions  of this
        section and the measures implementing  it.

   (e)   The Governor of the Commonwealth of Massachusetts, and  the  chief
        executive of any other governmental entity on which  obligations
        are imposed by paragraph (b) of  this section shall,  on  or before
        April 15, 1974, submit to the Administrator  for his  approval, a  de-
        tailed statement of the legal and administrative  steps  chosen to
        effect the prohibition provided  for in paragraphs (b) and (d) of
        this section, and a schedule of  implementation  consistent with the
        requirements of that paragraph.   Such  schedule  shall  include  as  a
        minimum the following:

        (1)  Designation of one or more  agencies  responsible for the  adminis-
             tration and enforcement of  the program.

        (2)  The procedures by which the designated  agency will  enforce  the
             prohibition provided for in paragraphs  (b) and  (d)  of  this
             section.

        (3)  The procedures by which each car  will be marked so that  resi-
             dential vehicles will  be exempt from the 7 a.m.  to 10  a.m.  ban
             providing such a vehicle is parked within  0.5 mile of  the lo-
             cation specified on the registration of the  vehicle.

             (38 FR 30830, Nov. 7, 1973)


52.1150 (Reserved)
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(12.0)  52.1151   Regulation for computer carpool  matching

          (a)   "Carpool  matching" means assembling lists of commuters  with similar
               daily travel  patterns and providing a mechanism by which  persons  of
               such lists may be put in contact  with each other for the  purpose  of
               forming carpools.

          (b)   This section  is applicable in the Interstate Region.

          (c)   The Commonwealth of Massachusetts shall  establish a computer-aided
               carpool matching system that is conveniently available  to the gen-
               eral public and to all  employees  of employers having more than 50
               employees within the Interstate Region who operate light-duty ve-
               hicles on streets and highways over which the Commonwealth has
               ownership or  control.  Prior to March 1, 1975, the Commonwealth
               shall submit  legally adopted regulations to the EPA establishing
               such a system.  No provisions of  such regulations shall  have an
               effective date later than 3 months from the date of adoption.   The
               regulations shall include:

               (1)  A method of collecting information that will include the follow-
                    ing as a minimum:

                    (i)    Provisions for each affected employee to receive an
                          application form with  a cover letter describing the
                          matching program.

                    (ii)  Provision on each application for applicant  identifica-
                          tion of commuting time, origin, and destination, and the
                          applicant's desire to  ride only, drive only, or share
                          driving.

               (2)  A computer method of matching information that will  have pro-
                    visions  for locating each applicant's origin and destination
                    within the Interstate Region.;  matching applicants with simi-
                    lar origins and destinations travel schedules;  and enabling
                    the persons so matched to make contact with each other at the
                    request  of any one of them.

               (3)  A method of providing continuing service such that the matched
                    lists of all applicants are  retained and made available for
                    use by new applicants;  application forms are currently avail-
                    able;  and the master list is periodically updated to remove
                    applicants who no longer meet the governing criteria and add
                    new applicants who do.

               (4)  Designation of an agency or  agencies responsible for operating,
                    overseeing and maintaining the computer carpool  matching system.
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          (d)   The Governor of the  Commonwealth  of  Massachusetts  shall, on or be-
               fore April  15,  1974,  submit to  the Administrator for  his approval,
               a  detailed  statement  of  the legal and  administrative  steps chosen
               to effect the carpool  matching  system  imposed  by this  system and a
               schedule of implementation  consistent  with  the requirements of this
               section.

               (38 FR 30830, Nov.  7,  1973)


(12.0)  52.1152  Regulation for traffic  flow improvements

          (a)   A traffic-responsive,  digital-computer-controlled, traffic signal
               system shall be installed in the  Springfield area  encompassing Zones
               1  and 2.   In conjunction with this  system a ramp metering system
               shall be installed to monitor traffic  on an appropriate length of
               Interstate  91.   Those two systems shall  function together to im-
               prove traffic flow within the Springfield downtown area and also to
               limit VMT within the area,  despite  the potential traffic capacity
               increase provided by the system.

          (b)   The Governor shall,  on or before  April 15,  1974, submit to the Ad-
               ministrator for his  approval, a detailed statement of the steps
               chosen to implement the actions in  paragraph  (a) of this section,
               and a schedule for such implementation that provides, as a minimum,
               the following:

               (1)  A date by which detailed plans  will be given  to EPA indicating
                    the specific system design selected,  including the method
                    planned for use in ramp metering.  Such  date  shall be no  later
                    than March 1, 1974.

               (2)  A date by which equipment necessary to implement this program
                    will be ordered.

               (3)  A date by which the system will become operational. Such  date
                    shall  be no later than May 31,  1975.

                    (38 FR 30831, Nov.  7,  1973)


(12.0) 52.1153  Regulation for street closing

          (a)   A section of Main Street located in the downtown  area of Springfield
               shall be permanently closed to all  motor vehicular traffic,  with  the
               exception of such vehicles deemed by the Governor  of the Commonwealth
               (and approved by the Administrator)  as necessary  and vital  for the
               essential exchange of goods and services and  of mass transit ve-
               hicles.  The section of Main Street to be'dosed  shall extend  from
               the railroad overpass at the north  to State Street at the  south.
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               Streets intersecting Main  Street at strategic  points  within  the
               regulated section shall  also be  closed off where  possible  and  nec-
               essary to maximize blocksize.  A minimum of 15 block  lengths of
               intersecting streets shall  be closed.   The precise  intersecting
               streets to be regulated  will be  determined by  the State  of Mas-
               sachusetts and the City  of Springfield, subject to  approval  by
               the Administrator.

          (b)   The Governor shall, on or  before April  15, 1974,  submit  to the
               Administrator for his approval a detailed statement of the steps
               chosen to effect the actions in  paragraph (a)  of  this section, and  a
               schedule for their implementation that provides for their  full
               effectiveness no later than May  31, 1975.

               (38 FR 30831, Nov.  7, 1973)


(12.0)  52.1154  Regulation for semiannual  inspection  and maintenance

          (a)   Definitions:

               (1)  "Inspection and maintenance program" means a program  to reduce
                    emissions from in-use vehicles through identifying  vehicles
                    that need emission  control  related maintenance and  requiring
                    that such maintenance by performed.

               (2)  "Light-duty Vehicle"  means  a gasoline-powered  motor vehicle
                    rated at 6000 Ib. GVW or less.

               (3)  "Medium-duty vehicle" means a gasoline-powered motor  vehicle
                    rated at more than  6000 Ib. GVW and less  than  10,000  Ib.  GVW.

               (4)  All other terms used  in this paragraph that  are  defined in
                    Part 51, Appendix N of this chapter, are  used  herein  with the
                    meaning therein defined.

          (b)   This section is applicable in the Interstate Region.

          (c)   The Commonwealth of Massachusetts shall establish an  inspection and
               maintenance program applicable to all  gasoline-powered,  light-duty
               and medium-duty vehicles registered in the Interstate Region that
               operate on streets or highways over which it has  ownership or  con-
               trol.  No later than April 1, 1974, the Commonwealth  shall submit
               legally adopted regulations to EPA establishing such  a program.
               Antique motor vehicles designated by the appropriate  state reg-
               istration procedures shall be exempt from the  requirements of  this
               section.  The regulation shall include:

               (1)  Provisions for inspection of all  such motor  vehicles  at peri-
                    odic intervals at least twice each year by means of a loaded
                    emission test.
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     (2)   Provisions  for  inspection failure criteria consistent with the
          failure of  40 percent of the vehicles tested during the first
          inspection  cycle.

     (3)   Provisions  to require that failed vehicles receive, within 2
          weeks, the  maintenance necessary to achieve compliance with the
          inspection  standards.  This shall include sanctions against
          non-complying individual owners and repair facilities, retest
          of failed vehicles  following maintenance, a certification pro-
          gram to insure  that repair facilities performing the required
          maintenance have  the necessary equipment, parts and knowledge-
          able operators  to perform the tasks satisfactorily, and such
          other measures  as may be necessary or appropriate.

     (4)   A program of enforcement, such as a spot check of  idle adjust-
          ment, to ensure that, following maintenance, vehicles are not
          subsequently readjusted or modified in  such a way  as would
          cause them  no longer to comply with the inspection standards.
          This program shall  include appropriate  penalties for violation.

     (5)   Designation of  an agency or agencies responsible for conducting,
          overseeing, and enforcing the inspection and maintenance pro-
          gram.

(d)   Commencing August 1, 1976, the State shall not register or allow  to
     operate on its highways any  light-duty vehicle or medium-duty ve-
     hicle that does  not  comply with the applicable standards and pro-
     cedures adopted  pursuant to  paragraph  (c) of this section.  This
     shall not apply  to the initial registration  of a new motor vehicle.

(e)   Commencing August 1, 1976, no owner of a light-duty vehicle or
     medium-duty  vehicle  shall operate or allow the operation of any  such
     vehicle that does not  comply with the applicable standards and pro-
     cedures adopted  pursuant to  paragraph  (c) of this section.  This
     shall not apply  to the initial registration  of a new motor vehicle.

(f)   The Commonwealth of  Massachusetts shall  submit, no  later than Janu-
     ary 1, 1974, a detailed compliance schedule  showing the steps  it
     will  take to establish and enforce a state-operated inspection and
     maintenance  program  pursuant  to paragraph  (c) of this section, in-
     cluding the  text of  any needed statutory proposals, and needed regula-
     tions that it will propose for adoption.  The compliance schedule
     shall also include:

     (1)   The date  by which the State will  recommend the needed legis-
          lation  to  the State legislature;

     (2)   The date  by which the necessary equipment will be  ordered;
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               (3)   A statement from the Governor and State  Treasurer identifying
                    the sources and amounts of funds  for the program.   If funds
                    cannot legally be obligated under existing  statutory authority,
                    the text of needed legislation must be submitted.

                    (38 FR 30831,  Nov. 7, 1973)


(13.0)  52.1155  Semiannual and quarterly reports

          (a)   All  definitions are as used in 51.19 of this  chapter.

          (b)   This regulation is  applicable in the Interstate  Region.

          (c)   The  Commonwealth of Massachusetts or an agency designated by the
               Commonwealth and approved by the Administrator shall  monitor the
               effective emission  reductions occurring as a  result of the inspection
               and  maintenance program required under 52.1154.

          (d)   The  data submitted  pursuant to paragraph (e)  of  this  section shall  be
               in accordance with  51.19(d) of this chapter.

          (e)   No later than May 31, 1974, the State  shall submit a  detailed pro-
               gram to the Administrator demonstrating compliance with paragraph (c)
               of this section.  The program description shall  include the follow-
               ing:

               (1)   The administrative process to be  used.

               (2)   The funding requirements, including a statement from the Governor
                    or State Treasurer or their respective designees identifying the
                    source and amount of funds for the program.

               (3)   A description  of the methods to be used  to  collect the data.

               (4)   An agency or agencies responsible for conducting, overseeing,
                    and maintaining the monitoring program.

          (f)   All  data obtained by the monitoring program shall  be included in  the
               quarterly report submitted to the Administrator  by the State, as  re-
               quired at 51.7 of this chapter.  The first quarterly report shall
               cover the period January 1 - March.31, 1975.

          (g)   The  Commonwealth of Massachusetts and the City of Springfield shall
               report to the Administrator semiannually beginning May 15, 1974,  the
               average daily VMT levels and the reduction from current levels of
               VMT as specified in the Technical Support Document for the Inter-
               state Region.
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          (h)   The  VMT  levels  shall  be  based  on  representative  traffic counts  taken
               in  Zones 1  and  2  of Springfield.   The  VMT  reductions  shall  be  identi-
               fied for each applicable control  measure designed  in  the  State's  im-
               plementation plan.   Such reductions  shall  be  reported in  a  format
               similar  to  that provided in  Appendix M to  Part 51  of  this chapter,
               June 8,  1973.

               (38  FR 30831, Nov.  7, 1973)


(14.0)  52.1156  General requirements

          (a)   The  requirements  of 51.10(e) of this chapter  are not  met  since the
               legal authority to  provide for public  availability of emission data
               is  inadequate.

          (b)   Regulation  for  public availability of  emission data.

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

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

               (3)   Information  recorded by the owner or operator and copies of
                    this summarizing report submitted to the Regional Administrator
                    shall  be retained by the owner or operator  for 2 years after
                    the date on  which the pertinent report is  submitted.
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        (4)  Emission data obtained from owners or operators  of stationary
             sources will  be correlated with applicable emission limita-
             tions and other control  measures that are part of the appli-
             cable plan and will  be available at the appropriate regional
             office and at other  locations in the state designated by the
             Regional Administrator.

             (39 FR 34536, Sept.  26,  1974, as amended at 40 FR 55329,
              Nov. 28, 1975)
52.1158 - 52.1159  (Reserved)
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[13.0)  52.1160   Monitoring  reports

          (a)   All  definitions  are  as  used  in  40  CFR  51.19.

          (b)   This regulation  is applicable  in the Boston  Intrastate  Region.

          (c)   The  Commonwealth shall  develop  and implement a  program  to  estimate
               the  emission reductions occurring  as a result of the inspection  and
               maintenance  program  required under 52.1143,  and as  a result of the
               measures for reduction  in  single-passenger commuter vehicle use
               required by  52.1161  and the  measures required by 52.1163 and 51.1164.
               The  Comrronwealth shall  perform such actual monitoring of emissions
               from vehicles,  traffic  counts,  and air quality  monitoring  as shall
               be necessary for accuracy  in making such estimates.

      (d)-(h)   (Reserved)

          (i)   The  Commonwealth shall  review  its  existing air  quality  monitoring
               program and  modify  it as necessary so  as to  provide an  adequate
               basis for the annual review  by the Administrator required  under  para-
               graph (n) of this section.   At a minimum the Commonwealth  shall  re-
               view the number and  placement  of monitoring  stations, the  types  of
               pollutants  and meteorological  parameters measured,  and  shall devise
               a comprehensive quality assurance  program for all phases of the
               monitoring  program.

          (j)   The  Commonwealth shall  review  its  existing traffic  monitoring pro-
               gram and modify it as necessary so as  to provide reliable  information
               about vehicle miles  traveled and  traffic patterns in all critical
               areas, and shifts in traffic patterns  and vehicle miles traveled so
               as to better correlate traffic data with air quality measurements.
               Vehicle miles traveled information shall be  based on representative
               traffic counts taken within  the Region.

          (k)   No later than October 1, 1975  the  Governor shall submit a  report to
               the Regional Administrator containing  detailed  information demon-
               strating compliance with paragraphs (c), (i), and (j) of this sec-
               tion.  The information contained  in this report shall include as a
               minimum:

               (1)   The administrative process to be  used and  the agency or agen-
                    cies responsible for conducting,  overseeing and maintaining
                    the monitoring programs in paragraphs (c),  (i), and (j) of
                    this section;

               (2)   A description of the revised ambient air monitoring network,
                    equipment operating and data  reporting procedures, and quality
                    assurance programs to be used to  insure the routine collection
                    of valid, reliable and representative air quality data;
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               (3)   A  description  of  the  revised  traffic monitoring  program;  and

               (4)   All  other  information necessary  to  describe  the  methods to  be
                    used to  collect the required  data.

          (1)   The  Governor  shall  submit  a report to the Regional Administrator an-
               nually, beginning on February  15,  1976,  and  containing  the  results
               of the  monitoring program  approved in paragraph  (k) of  this section.
               This report shall include  at a minimum appropriate air  quality and
               meteorological  data, average vehicle  miles traveled data, an appro-
               priate  analysis of  the data base,  and summary  information on reduc-
               tions in the  use of single-passenger  commuter  vehicles  reported  to
               the  Secretary of Transportation under 52.1161.  This  report shall be
               submitted in  a  form acceptable to  the Regional Administrator.  In
               addition, all air quality  data will be submitted  quarterly  to the Ad-
               ministrator by  the  Commonwealth as required  by 40 CFR 51.7.

          (m)   Monitoring, quality assurance  programs,  reporting and other proce-
               dures and methodologies required by this section  shall  be subject to
               the  approval  of the Regional Administrator.

          (n)   Upon receipt  of the annual report  required by  paragraph (1) of this
               section the Regional Administrator shall analyze  it and determine
               whether the emission reduction is  in  substantial  conformity with the
               projections which formed the technical basis for  the  promulgation of
               transportation  controls for the Boston Intrastate Region.   If the
               Regional  Administrator determines  that the emission reductions are
               substantially less  than or are substantially in excess  of those  re-
               quired  to meet  air  quality standards, the Administrator shall, after
               adequate public notice and public  hearing, amend  the  regulations in
               such transportation control plan so as to avoid  implementing a plan
               which is either substantially  more or substantially less rigorous
               than that required  to  meet ambient air quality standards.

          (o)   On or before  February  15,  1976, and on each  succeeding  February  15,
               thereafter the  Governor shall  submit  to  the  Regional  Administrator
               a report listing each  project  for  expanding  or improving mass transit
               facilities which is then under construction  or is being proposed to
               be constructed  within  the  Boston Intrastate  Region.
               (40  FR  25166, June  12, 1975)


(12.0)  52.1161   Incentives for reduction  in single-passenger  commuter  vehicle use

          (a)   Definitions:

               (1)   "Employer" means  any  person or entity which  employs 50 or more
                    employees  at any  time during  a calendar year at  an employment
                    facility located  in the Boston Intrastate Region.
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     (2)   "Educational  institution" means any person or entity which has
          250  or more employees and students at any time during the aca-
          demic year at an  educational facility offering secondary level
          or higher training  including vocational training located in
          the  Boston Intrastate Region.

     (3)   "Employee" means  any person who performs work for an employer
          thirty-five or more hours per week and  for more than twenty
          weeks per year for  compensation and who travels to and  from
          work by  any mode  of travel.

     (4)   "Student" means any full-time day student who does not  live at
          the  educational institution and who travels  to and from classes
          by any mode of travel.

     (5)   "Affected facility" means any employment facility at which 50
          or more  persons are employees or any educational facility at
          which 250 or  more persons are students  and employees.

     (6)   "Commuter" means  both an  "employee" and a  "student".

     (7)   "Single-passenger commuter  vehicle" means a  motor-driven vehicle
          with four or  more wheels with capacity  for a driver plus one or
          more passengers which is  used by a commuter  traveling alone to
          work or  classes and is  not  customarily  required to be used in
          the  course of his employment or studies.

     (8)   "Base date" means the date  set forth  in paragraph  (d) of this
          section  as of which the base number of  single-passenger com-
          muter vehicles at a particular employment  facility or educa-
          tional  institution  must be  determined.

     (9)   "The Secretary" means the Secretary of  Transportation and
          Construction  of the Commonwealth of Massachusetts.

(b)   Commencing with the effective date of this section, each employer
     and  educational institution  (except as  provided below)  shall dili-
     gently and expeditiously implement and  thereafter continuously
     maintain  the  following mandatory measures which are designed to
     achieve a goal of  reducing the number of single-passenger commuter
     vehicles  customarily commuting daily to each affected  facility as
     if its base  date  by 25 percent  (or as adjusted  pursuant to para-
     graph (g) of  this  section):
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(1)   Making available to commuters any pass program offered by the
     Massachusetts  Bay Transportation Authority,  if any commuter to
     the facility uses the mass transit facilities of such  Authority
     as part of his daily commuting trip,  including making  all ad-
     ministrative arrangements  for commuters to purchase the pass
     and thereby participate in the pass program and encouraging
     commuters to participate by such means as  publicizing  the
     availability of the pass program and  the cost advantages there-
     of.

(2)   Posting in a conspicuous place or places of the schedules, rates
     and routes of every bus, subway or rail facility which serves
     the facility;

(3)   Publicizing any applicable on-street  parking restrictions in-
     cluding penalties for violations, which affect any areas ad-
     jacent to the facility being used for parking by commuters to
     the facility;

(4)   Incentives for bicycle commuting such as secure locking facil-
     ities and removal of restrictive rules against bicycle usage
     at the facility;

(5)   Negotiations with authorities in charge of rail or bus lines
     serving the facility for improved service to the facility;  and

(6)   Making available to commuters any dial-a-ride programs which
     serve the facility and provide mass transit service in response
     to telephone calls, including making  whatever administrative
     arrangements for commuters to the facility to participate in
     the program and encouraging commuters to use the program by
     such means as publicizing the costs,  routes and other  features
     of the program, including publicizing the availability of such
     service.

(7)   In the case of an affected employment facility with at least 250
     commuters or an affected educational  facility with at  least
     1,000 commuters, conducting a carpooling program (either alone
     or in cooperation with neighboring facilities) which

     (i)   Matches on a regularly recurring basis (not less often
           than once every six months) the names, addresses, and work
           telephone numbers of all commuters who commute in single-
           passenger commuter vehicles to a facility or group of
           neighboring facilities so that such commuters with similar
           daily travel patterns are informed and aware of  each other
           for the purpose of forming carpools, provided that com-
           muters who state in writing that they do not wish to be
           matched on grounds of personal  privacy may be omitted from
           the matching process;
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     (ii)   Continuously  publicizes  the  advantages of carpooling,
           both  in  terms of  savings  of  fuel  and money  and  any  in-
           centives in effect  at  the facility;  and

     (iii)  Creates  incentives  for carpool  information  by providing
           persons  who carpool  with  first  call on available  parking
           spaces or spaces  which are closest  to entrances to  the
           facility.

(8)   In the case of an affected employment facility with 1,000 or
     more  employees, implementing a  vanpool  program which  shall  in-
     clude the following elements:

     (i)   The employer  shall  post in a conspicuous place  and  regu-
           larly notify  all  employees of a continuously outstanding
           offer to acquire  (by purchase,  lease, or otherwise),  in-
           sure, and make available to  any group of at least 8 em-
           ployees  a van for their use  as  a vanpool.   Such offer, a
           copy of  which shall  be sent  to  the  Secretary at the time
           of the employer's first updated report, shall  include:

           (A)  The procedures by which a  group may accept the offer,
                including the designation  of a driver.

           (B)  The conditions upon which  the  offer  is contingent,
                including acceptance by the prospective driver of
                the responsibility for  providing  regular service,
                training back-up  drivers,  and  arranging vehicle
                maintenance, and  acceptance by each  other  member of
                the prospective group of responsibility for  payment
                of  a pro rata share of  all direct  costs (such  as
                rental  charge, licensing costs,  insurance, tolls,
                fuel and repair)  and indirect costs  (such  as depre-
                ciation  and  interest on borrowed  funds) of the opera-
                tion and maintenance of the vehicle;

     (ii)   The employer shall  analyze and  continuously publicize the
           advantage of vanpooling, including any  resulting  cost
           savings, convenience,  and any incentives  in effect at the
           facility.  Such incentives shall include  providing per-
           sons who vanpool  with  first  call on available parking
           spaces  or spaces  which are closest to  entrances to the
           facility;

     (iii) Matching for the  vanpool program should be coordinated
           with the carpool  matching program,  to  facilitate  the
           formation of vanpools.

           Upon reaching such 25 percent goal, such  employer or ed-
           ucational institution  shall  thereafter continue such pro-
           gram in  such a manner as to aim at maintaining the ratio
           of single-passenger commuter vehicles  to  total  commuters
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                customarily arriving  at its  facility  at or below the
                ratio referred to in  paragraph  (c)  (4)  of this  section.
                If an employer or educational  institution reaches  and
                thereafter maintains  said  goal  by means of less than all
                of such  measures, it  shall not  be subject to  a  require-
                ment to  implement the remainder of  such measures.

(c)   On or within  10 days  before the  dates set  forth  in paragraph  (d)  of
     this section, each  employer and  educational institution  shall  sub-
     mit to the Secretary  a report containing  the following information:

     (1)  The number of  commuters who take any  means  of transportation to
          such facility  as of its base date  (and as of  a date within 30
          days of  the date of such report);

     (2)  The number of  single-passenger commuter vehicles customarily
          used daily by  commuters to  the facility as  of the base date
          (and as  of a date within 30 days of  the date  of such  report);

     (3)  The total  number of vehicles customarily  used daily by com-
          muters to  the  facility as of the base date  (and as  of a  date
          within 30  days of the date  of such report);

     (4)  The percentage derived by dividing three-quarters of  the num-
          ber of daily commuters to the facility arriving in  single-
          passenger  commuter vehicles as of  the base  date by  the total
          number of  commuters customarily  arriving  daily at the facil-
          ity as of  the  base date;

     (5)  The percentage which the current number of  daily commuters in
          single-passenger commuter vehicles is of  all  daily  commuters
          to the facility;  and

     (6)  The number of  van-type vehicles with  8 or more commuters cus-
          tomarily arriving at the facility.

(d)   The base date for all existing facilities  shall  be October 1, 1975,
     except that,  where  an employer or educational  institution  can es-
     tablish to the  satisfaction of the Secretary that  a facility had
     commenced measures  to reduce the number of single-passenger commuter
     vehicles customarily  arriving daily at  an  earlier  date,  the Secre-
     tary may approve the  use of such earlier  date  (but not earlier
     than November 8, 1973) as the base date for such facility.  The base
     date for a facility established  after the  effective date of this
     section shall be the  date six months  after that  on which it com-
     menced regular operations, and its base date report shall  be due  on
     the next date at least six months later than is  specified  for any
     report or updated report by an existing facility.   Iri lieu of es-
     tablishing the  actual number of  such  vehicles  on such earlier date,
     an employer or educational institution  may assume  for the  purposes
     of this section that  prior to such earlier date  20 percent of all
     commuters to  such facility who arrived  by motor  vehicle  other than
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     mass  transit customarily  arrived  by  means  other  than single-passen-
     ger commuter vehicles.  An  employer  or  educational  institution shall
     determine whether  or not  it is  subject  to  a  reporting  requirement
     and the schedule to  be  used in  filing reports  by reference  to the
     number of commuters  which it reasonably anticipates it will  have com-
     ing to its facility  at  the  date the  base date  report is due.  The
     reports required under  paragraph  (c) of this section shall  be filed
     accordingly to the following schedule:

     (1)  For a facility  with  250 or more commuters,  a base date report
          shall be due  on October 15,  1975;

     (2)  For a facility  with  fewer  than  250 commuters,  a base date re-
          port shall  be due  on June  30, 1976.

(e)  Each  affected employer  and  educational  institution  regardless of
     size  shall periodically update  its base date report by means of a
     report containing  (1)  updated  information called for  in paragraphs
     (c) (1) - (6) of this section.   (2)  the net change in percentage
     points between the percentage reported  under paragraph (c)  (4) of
     this  section as  of the  base date  and that  under  paragraph  (c)  (5)
     of this section  as of the date  of the current  report,  and,  (3)
     the net change in  percentage points  between the  percentage  reported
     under paragraph  (c)  (5) of this section in its previous report and
     that  reported under  paragraph (c) (5) of this  section  in its current
     report.  The first such periodic  report shall  be due on the next
     succeeding December  31  or June  30 after the base date  report, which-
     ever  is later;  and  each  successive  six months thereafter on June  30
     or December 31 until June 30, 1978,  and every  year thereafter  on
     June  30.

(f)  (1)  Each educational institution or employer  submitting reports  re-
          quired by this  section shall cause such reports to be  signed
          as follows:

          (i)   In the  case  of a corporation, by a  principal executive
                officer of at  least  the level of vice president, or his"
                duly authorized representative, if  such representative
                is responsible for the overall  operation of the  facility
                covered by the report;

          (ii)  In the  case  of a partnership, by a  general  partner;

          (iii) In the  case  of a sole  proprietorship, by the proprietor;

          (iv)  In the  case  of an unincorporated association, by the
                president or chairman  thereof;

          (v)   In the  case  of a municipal,  State,  or other public  facil-
                ity,  by either a principal  executive  officer, ranking
                elected official, or other  duly authorized  employee.
                               -107-

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     (2)   Each educational  institution or employer submitting reports
          required by this  section shall  retain for at least three
          years all  supporting documents  and data upon which each such
          report was based.

     (3)   Each report submitted pursuant  to this section shall  be accom-
          panied by an adequate explanation of the methodology used  to
          gather, compile,  and analyze the data, the assumptions  used in
          that analysis,  and samples  of the forms used to elicit  the
          underlying information from commuters at the facility.

(g)   Where the total number of commuters  to a particular facility is
     changed due to fluctuation in employment or enrollment between  the
     base date and the date of any report under paragraph (e) of  this
     section, such fact shall  be reported at the time of the submission
     of such report.  The goal  of the employer or educational institu-
     tion having such a change is to  attain and maintain the ratio of
     commuters customarily  arriving at the facility daily in single-
     passenger commuter vehicles to total commuters indicated by  para-
     graph (c) (4) of this  section.

(h)   If an employer or educational institution does not meet and  there-
     after at all times maintain the  reduction specified under paragraph
     (b)  of this section, in connection with each report under para-
     graph (e) of this section, it shall, upon written notification  of
     -the Secretary or the Regional Administrator, submit a complete
     description of all measures which it has applied to achieve  and
     maintain such reduction.   In addition, it shall submit a descrip--
     tion of any*remedial actions which it intends to take to meet the
     requirements of paragraph (b) of this section.

(i)   The Secretary shall  report to the Regional Administrator any person
     who fails to comply with this section and shall, upon request by
     the Regional Administrator, forward  copies of all reports, corres-
     pondence and other documents pertaining to such instance of  non-
     compliance together with a description of any enforcement action
     taken by the Commonwealth in connection with the matter.

(j)   If an employer or educational institution in good faith diligently
     and expeditiously implements and thereafter continuously maintains
     those measures set forth in paragraphs (b) (1) through (b) (8)  of
     this section as are applicable to it, it shall not be subject to
     any enforcement action by the Secretary or Administrator even though
     it may fail to achieve the 25 percent goal referred to in paragraph
     (b)  of this section.
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          (k)   Within  30  days  after  the  receipt  of  the periodic  reports  required
               under paragraph (e) the Secretary shall submit  to  the Regional Ad-
               ministrator a summary of  the  information  contained in such  reports,
               including  (1)   a list of  the  names and addresses  of all employers
               and educational institutions  who  have not as of the date  of such re-
               port submitted  the  required report,  (2)   a  list of all  employers
               and educational institutions  in the  order of the  percentage reduc-
               tion achieved between the base date  and the date  of the required
               report  and (3)   the total  reduction  between the respective  base
               dates and  the date  of the required reports  in the number  of single-
               passenger  automobiles customarily used to arrive  at all facilities
               for which  reports were filed.
               (40 FR  25166, June  12, 1975)

               Note:   With the exception of  paragraphs (c) and (d),  the  provisions
                      of  52.1161 were suspended  indefinitely at  40 FR  25161,
                      June 12, 1975.


(12.0)  52.1162  Regulation for bicycle use

          (a)   Definitions:

               (1)  "Bicycle"  means  a two-wheel  non-motor-powered vehicle.

               (2)  "Bike path" means a  route  for  the exclusive  use  of bicycles
                    separated  by grade or other  physical barrier from  motor traffic.

               (3)  "Bike lane" means a  street lane restricted to bicycles and  so
                    designated by  means  of painted  lanes,  pavement coloring or
                    other appropriate markings.  A  "peak hour" bike  lane means  a
                    bike  lane  effective  only during times  of  heaviest  auto com-
                    muter traffic.

               (4)  "Bike route" means a route  in which  bicycles share road space
                    with  motorized vehicles.

               (5)  "Bikeway"  means  bike paths,  bike lanes and bike  routes.

               (6)  "Bicycle parking facility" means any facility for  the tempor-
                    ary storage of bicycles  which  allows the  frame and both
                    wheels of the bicycle to be  locked  so as  to  minimize the risk
                    of theft and vandalism.

               (7)  "Parking facility" means a  lot, garage,  building,  or portion
                    thereof in or of which motor vehicles are temporarily parked.

               (8)  "Parking space"  means the area  allocated  by  a parking facility
                    for the temporary storage of one automobile.

               (9)  "MBTA" means the Massachusetts  Bay  Transportation  Authority.
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(b)   Application.   This  section  shall  be applicable  in  the  Boston  Intra-
     state Region.

(c)   Study.   The Commonwealth, according to  the schedule  set  forth  in  para-
     graph (d)  of this section,  shall  conduct a comprehensive study  of,
     and in  that study recommend,  the  establishment  of  permanent bikeways
     and related facilities  within the area  described in  paragraph  (b) of
     this section.   The  study shall  consider or include at  least the fol-
     lowing  elements:

     (1)  The physical design for  bikeways,  intersections involving  bike-
          ways, and means  of bicycle link-ups with other  modes  of  trans-
          portation;

     (2)  The location of  bikeways,  including ascertaining  high accident
          or pollution areas and developing  means of avoiding or amel-
          iorating those situations  as well  as means of providing  inter-
          section safety generally;

     (3)  The location of  bicycle  parking facilities, including bus  stops;

     (4)  The rules of the road  for bicyclists, and  to  the  extent  that
          present rules  must be  modified because of  bikeways, new  rules
          of the road for  motorists.  Also the feasibility  of mandatory
          adult bicycle  registration to minimize theft  and  increase  re-
          covery of stolen bicycles;

     (5)  Bicycle safety education for bicyclists, motorists, children,
          students, street maintenance personnel and policemen, includ-
          ing requiring  bicycle  safety principles and safe  street  riding
          skills to be taught in high  school automobile driver's edu-
          cation programs;

     (6)  Methods for publicizing  bicycles or bicycles  plus mass transit
          as alternatives  to automobile transportation, including  the
          preparation, perhaps  in  conjunction with bicentennial efforts,
          of a  master Boston area  transit map, indicating the kind,  ex-
          tent and location of bicycle facilities, public baths, showers,
          toilet facilities, water fountains, as well as  routes and
          stops for MBTA,  common carriers and private bus lines, such
          map to be distributed  by the Registry of Motor  Vehicles  with
          each automobile  new registration and automobile registration
          renewal;

     (7)  Requiring or  providing incentives  for common  carriers and mass
          transit carriers, especially the Blue Line of the MBTA,  to
          provide bicycle  parking  facilities at their respective ter-
          minals and stations and  bicycle carrying  facilities on their
          respective vehicles;
                               -110-

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 (8)   The  creation  of  roadway  zones  in which all vehicles, except
      mass transit,  emergency  and service vehicles, and bicycles,
      would be  excluded;

 (9)   Requiring or  providing incentives  for office buildings  and
      employers to  install  and to provide free  shower and locker
      facilities for cyclists;

(10)   A bicycle user and  potential user  survey, which shall at a
      minimum determine:

      (i)    For present bicycle riders,  the origin, destination,
            frequency, travel  time,  distance and purpose of bicycle
            trips;

      (ii)  In  high density employment areas, the present modes of
            transportation  of  employees  and the potential modes of
            transportation, including the numbers of employees who
            would use  a bicycle for  a significant portion of  their
            commuting  transportation were suitable facilities avail-
            able to them.   This section  of the  study shall seek to
            ascertain  the size of the working population that would
            move from  automobiles to mass transit and bicycles or
            bicycles alone  as  a significant form of transportation.
            It  shall also seek to ascertain what bicycle facilities
            or  mix  thereof  would produce the greatest conversion
            from auto  use;

(11)   The special problems  related  to the design and incorporation  in
      the bikeway facilities described  in paragraph  (f) of this sec-
      tion of feeder bikeways  to bridges, on-bridge bikeways, feeder
      bikeways  to MBTA and  railroad  stations, feeder bikeways to
      fringe parking areas, and bicycle  passage through rotaries  and
      squares;

(12)   The conversion of railroad beds,  power  lines, flood control
      channels  or similar corridors  to  bikepaths;

(13)   Removing  barriers to employees bringing  their bicycles  into
      their offices;

(14)   Removal or alteration of drain grates with bars  so placed as
      to catch  bicycle wheels;

(15)   Bicycle rentals  at  appropriate locations; and

(16)   The feasibility  of  constructing bikeways  along at  least each
      of the corridors set forth in paragraph  (g)  of this  section.
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     In conducting the study,  opportunity shall  be given  for public  com-
     ments  and suggestions.   Input shall  also be solicited  from state,
     regional  and local  planning  staffs,  state,  regional  and local ag-
     encies,  bicycle organizations and  other interested groups  and be
     related  to comprehensive  transportation planning  for the area
     designated in paragraph (b)  of this  section.   The study shall,  us-
     ing as a goal a minimum of 180 miles of bikeways, examine  as large
     a network of facilities as is practicable within  the area  described
     in paragraph (b) of this  section and shall  recommend physical de-
     signs  for said facilities.  The study shall  also  propose a com-
     pliance  schedule for establishing  any recommended permanent bi-
     cycle  facilities.

(d)   The Commonwealth of Massachusetts  shall  submit to the  Regional  Ad-
     ministrator no later than October  1, 1975,  a detailed  compliance
     schedule showing the steps that will be taken to  carry out the
     study  required by paragraph  (c) of this section.  The  compliance
     schedule shall at a minimum  include:

     (1)  Designation of the agency responsible  for conducting  the
          study;

     (2)  A date for initiation of the  study, which date  shall  be no
          later than October 1, 1975;  and

     (3)  A date for completion of the  study, and submittal  thereof  to
          the Administrator, which date shall be no later than  June  30,
          1976.

(e)   On or before September 1, 1976, the  Administrator shall publish in
     the FEDERAL REGISTER his  response  to the study required by para-
     graph  (c) of this section, and shall, in that response, either
     approve  the facility location and  designs and other  requirements  as
     well as  the proposed compliance schedule for permanent facilities
     recommended in the study, or shall designate alternative and/or
     additional facility locations and  designs and other  requirements  as
     well as  modify the proposed  compliance schedule for  permanent facil-
     ities.  The Administrator may provide, if he deems  it  necessary,
     for a  public comment period  prior  to the effective  date of his  re-
     sponse.

(f)   Permanent Bicycle Facilities.  At  the conclusion  of  the study re-
     quired by paragraph (c) of this section and the Administrator's
     response thereto, the Commonwealth shall, together with the munici-
     palities and other authorities having jurisdiction  over affected
     roadways and areas establish permanent bicycle facilities  as  re-
     quired by the Administrator's response to the study.
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(g)   The potential  bikeway corridors  to  be  studied  pursuant  to  paragraph
     (c) (16)  are as follows:
     (  1)  Central  Square, Cambridge  to  Boston  University;
     (  2)  Harvard Square, Cambridge  to  Union  Square,  Allston;
     (  3)  Union Square,  Somerville to Central  Square, Cambridge;
     (  4)  Union Square,  Allston to Government  Center;
     (  5)  Harvard Square, Cambridge  to  Government  Center;
     (  6)  Brook!ine Village to Government  Center;
     (  7)  Boston University to Longwood Avenue Hospital  Zone;
     (  8)  Egleston Square to Government Center;
     (  9)  Columbus Park to Boston Common;
     (10)  L Street Beach to Government  Center;
     (11)  Powder House Circle, Somerville  to  Harvard Square;
     (12)  Everett to Government Center;
     (13)  Porter Square, Cambridge to Columbus Park, Boston;
     (14)  Cleveland Circle to Government Center;
     (15)  Porter Square, Cambridge to Government Center;
     (16)  Harvard Square, Cambridge  to  Boston City Hospital;  and
     (17)  Charlestown, Longfellow, Harvard, Boston University, River
           Street, Western Avenue, Anderson, Summer Street,  and Broadway
           Bridges.
(h)  The MBTA shall provide bicycle parking facilities at each major
     MBTA station adequate to meet the needs of MBTA riders  within the
     area designated in paragraph (b) of this  section.  Said parking
     facilities shall at a minimum be located  at:
     (1)  All stations of the Riverside portion of the Green Line;
     (2)  Reasonably spaced stops on  other portions of the Green Line;
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               (3)    All  stations  of  the  Red,  Orange,  and  Blue  Lines;   and  shall
                     have spaces  for  at  least  six  bicycles  per  station,  except
                     for  facilities at terminal  stations which  shall have spaces
                     for  at least  24  bicycles.

                     (i)   The  Commonwealth  shall provide for  advertisement  of bike-
                          ways and bicycle  parking facilities in  use within the
                          area designated in paragraph (b)  of this  section  to
                          potential users by means of  media advertisement,  the
                          distribution and  posting of  bikeway maps  and  bike safety
                          information, as well  as  for  a program of  bicycle  safety
                          education including  the  motor vehicle operators license
                          examination and public service advertisement.

                     (40  FR 25168, June  12, 1975)


(12.0)  52.1163  Additional  control measures for East Boston

          (a)   On or before December  31,  1975,  the Governor,  the  Mayor  of the City
               of Boston, the  Chairman of the  Massachusetts Bay Transportation
               Authority, the  Chairman of the  Massachusetts Turnpike Authority and
               the Chairman of the Massachusetts Port  Authority ("Massport") shall
               each submit to  the  Regional  Administrator a  study  or studies of
               various  alternative strategies  to minimize  the number of vehicle
               trips to and from  Logan International Airport  ("Logan, Airport") and
               to reduce  the amount of carbon  monoxide in  the vicinity  of the
               Callahan and Sumner Tunnels  to  a level  consistent  with the national
               primary  ambient air quality  standards.   These  studies may be com-
               bined into one  or  more joint studies.   These studies shall contain
               recommendations for control  measures to be  implemented prior to
               May 31,  1977.  Measures to be studied shall  include, but need not
               be limited to,  the  following:

               (1)    Incentives and programs for reductions in  the  use  of single-
                     passenger vehicles  through the Callahan  and  Sumner Tunnels;

               (2)    Alterations  in traffic patterns in the tunnel  area;

               (3)    Use  of exclusive lanes for buses, carpools,  taxis  and  limou-
                     sines during  peak travel  hours;

               (4)    Reduction of parking spaces at Logan  Airport and  increased
                     parking charges  at  remaining  spaces;

               (5)    Construction  of  satellite terminal facilities  for  Logan Air-
                     port;

               (6)    Use  of alternate modes of transportation for trips to  and
                     from Logan Airport,  and establishment of facilities at Logan
                     Airport to accommodate such modes;
                                         -114-

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     (7)    Improved  transit  service  between  the  Blue  Line  subway stop
           and airline  terminals  at  Logan  Airport;  and

     (S)    Any other measures  which  would  be likely to contribute  to
           achieving the  required reductions.

(b)   Massport shall  monitor  the number of  vehicles entering  and  leaving
     Logan Airport so as  to  provide  the Secretary of  Transportation  for
     the  Commonwealth (the "Secretary") with reports  on  a  semi-annual
     basis, beginning on  January 30, 1976, showing total vehicle trips
     per  day for the six-month period ending on  the previous December  31
     or June 30, presented and tabulated in  a manner  prescribed  by the
     Secretary.

(c)   Massport shall, on or before June 30, 1976, prepare and submit  to
     the  Secretary draft  legislation which,  if enacted into  law, would
     alleviate local licensing problems of bus and limousine companies
     in order to facilitate  increased and  improved bus and limousine
     service for travelers using Logan Airport.

(d)   Massport shall  negotiate  with the Massachusetts  Bay Transportation
     Authority to increase the convenience of the mass transit services
     currently available  to  travelers to Logan Airport.

(e)   Massport shall, on or before June 30, 1976, establish and maintain
     a program (which shall  include the enclosure of  this  information
     in tickets or folders mailed by airlines using Logan  Airport) to
     publicize the advantages  in costs and convenience of  the use  of mass
     transit or other available transportation services  by travelers us-
     ing  the airport, and making known to  such persons the schedules,
     routes, connections, and  other information  necessary  for them to
     conveniently use mass transit and such  other services.

(f)   Massport shall, on or before October  15, 1975, establish a carpool
     program at Logan Airport, which shall include  the elements specified
     in (A) - (C) of paragraph (b) (7) of  52.1161.   For  the purpose  of
     applying the requirements of 52.1161  to the present paragraph:

     (1)    The definitions in  52.1161 shall  apply;

     (2)    Each employer  with  any employment facility at Logan Airport
           shall cooperate with Massport in  the  development and imple-
           mentation of the program;

     (3)    Any such employer (including Massport) may fulfill its  obli-
           gations under  paragraph (b) (7) of 52.1161 by fully cooperat-
           ing with and participating in the Logan  Airport carpool pro-
           gram (including bearing its proportional  share of the pro-
           gram's cost);   and
                               -115-

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          (g)   Massport shall,  on or before October 15,  1975,  implement a  program
               of systematic dissemination  to  employers  and  employees  at Logan
               Airport of information regarding  the Massachusetts  Bay  Transportation
               Authority pass program, bus  and train schedules  and rate's,  park-
               and-ride facilities,  and other  transportation programs  and  services
               available to employees at Logan Airport.

          (h)   Massport shall,  on or before January 1,  1976, implement and main-
               tain a program to allow all  employees at  Logan Airport, regardless
               of the size of the particular employment  facility at which  they
               work, to participate  in any  available pass  program  made available
               by the Massachusetts  Bay Transportation Authority,  including the
               use of Massport  as a  central clearinghouse  for the  purpose  of aggre-
               gating employees and  for fiscal management  of such  pass program.

               (40 FR 25169, June 12, 1975)


(12.0)  52.1164  Localized high  concentrations  -  carbon monoxide

          (a)   Not later than October 1, 1975, the Commonwealth shall  have devel-
               oped and have begun to implement a program  to identify  urban and
               suburban core areas and roadway/intersection  complexes  within the
               Boston Intrastate Region which  violate the  national ambient air
               quality standards for carbon monoxide. Once  such localized areas
               have been identified, the Commonwealth,  in  cooperation  with the
               affected local municipalities,  shall develop  and implement  appro-
               priate control strategies to insure that  such air quality standards
               will be achieved at such areas.  Plans shall  be  developed to in-
               clude provisions for the entire municipality  in  order to insure
               that the implemented  strategies will not  create  carbon  monoxide
               violations elsewhere  in the  vicinity after  the measures have been
               applied.

          (b)   To accomplish the requirements  of paragraph (a)  of  this section,  the
               Commonwealth shall do the following:

               (1)   Identify areas  of potentially high  carbon  monoxide concen-
                     trations by reviewing  all available traffic data, physical
                     site data  and air quality and meteorological  data for all
                     major intersections and roadway complexes  within  the  Region.
                     The Regional Administrator will provide general guidance on
                     area designations to assist in the  initial identification
                     process.

               (2)   Areas identified under paragraph (b)  (1)  of this  section shall
                     be studied in further detail, including meteorological model-
                     ing, traffic flow monitoring, air quality  monitoring  and other
                     measures necessary to  accurately quantify  the extent  and
                     actual levels of carbon monoxide in the area.  A report con-
                     taining the results of these analyses and  identifying such
                     areas shall be submitted  to the Regional  Administrator no
                     later than March 1, 1976.
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     (3)    If,  after  the  completion  of  actions  required  by  paragraph  (b)
           (2)  of  this  section,  an area shows or  is  predicted  to  have
           violations of  the  carbon  monoxide standard, the  Commonwealth,
           in   cooperation with  the  affected municipality,  shall  submit
           a plan  to  the  Regional Administrator containing  measures to
           regulate traffic and  parking so  as to  reduce  carbon monoxide
           emissions  to achieve  air  quality standards  in the area.  Such
           plan shall include:   the  name of the agency responsible for
           implementing the plan, all technical data and analyses sup-
           porting the  conclusions of the plan, all  control strategies
           adopted as part of the plan, and other such information re-
           lating  to  the  proposed program as may  be  required by  the Re-
           gional  Administrator.  The Regional  Administrator shall pro-
           vide general guidance on  applicable  control strategies and
           reporting  formats  to  assist  in plan  development  and submittal.
           Such a  plan  shall  be  submitted for each municipality  which
           contains one or more  identified  areas  no  later than October  1,
           1975 for Waltham and  October 1,  1976,  for other  areas.

     (4)    All  measures called for  in the plan  submitted under paragraph
           (b)  (3) of this section  shall be subject  to the  approval of
           the  Regional Administrator and shall be implemented by May 31,
           1977.

(c)   The  Commonwealth shall annually review the effectiveness  of the  con-
     trol  strategies  developed pursuant to  this section  and modify  them
     as necessary  to  insure that such carbon monoxide  standards  will  be
     attained and  maintained. The  results  of  this review and  any changes
     in the measures  which the Commonwealth recommends as a result  thereof
     shall  be reported  to the Regional  Administrator annually  as required
     under 52.1160.

(d)   Prior to submitting  any  plan  to the Regional Administrator  under para-
     graph (b)  (3),  the Commonwealth shall  give prominent public notice
     to the general  recommendations  of  such plan, shall  make such plan
     available  to  the public  for at  least 30  days and  permit any affected
     public agency or member  of  the public  to  comment  in writing on  such
     plan.   The Commonwealth  shall  give the Regional Administrator  timely
     notice of  any public hearing  to be held  on such plan and shall  make
     all  comments  received available to the Regional Administrator  for  in-
     spection and  copying.

     (40  FR 25170, June 12,  1975)
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(17.0)  52.1165    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.
                                             -118-

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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)


             Parti oil ate matter:
               Annual geometric mean	        5             10
               24-hr maximum	       10             30

             Sulfur dioxide:
               Annual arithmetic mean 	        2             15
               24-hr maximum	        5            100
                3-hr maximum	       25            700
     (ii)    For purposes of this paragraph, areas designated as Class
             III shall be limited td concentrations" of "pa'rti art ate
             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
                             -119-

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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  hava
        not assumed such  authority  under other laws nor is it
        intended to deny jurisdiction  which States have assumed
                       -120-

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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.
                        -121-

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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 parti oil ate 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.
    (111)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per  24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke  Oven Batteries.
    (xv)    Sulfur Recovery  Plants.
    (xvi)   Carbon Black  Plants (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xviii) Fuel Conversion  Plants.
    (xix)   Ferroalloy production facilities commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence construction  or  modification
    of a  source subject to this paragraph unless  the  Administrator de-
    termines  that, on  the basis of  information  submitted pursuant  to
    subparagraph (3) of this  paragraph:
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     (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other sources in the areas affected by the proposed source
            shall include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of 1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

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

     (ii1)   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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