U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 271
Air Pollution Regulations in State
Implementation Plans: Michigan
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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290271
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-072
August 1 978
Air
&EFK
Pollution Regulations
in State Implementation
Plans:
Michigan
RFPRODUCF.D 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-450/3-78-072
3.RECIPIENT'S ACCESSION>NO.
4. TITLE ANDSUQTITLE
Air Pollution Regulations in State Implementation i
Plans: Michigan
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
/ AUIIIOH(S)
0. PERf-OHMING ORGANIZATION REPORT NO.
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 Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
1C. 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 t₯e 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.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lDENTIFIEHS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution ,
State Implementation Plans
8. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
A
EPA Form 2220-1 (9-73)
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EPA-450/3-78-072
ir Pollution Regulations
in State Implementation Plans
Michigan
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-450/3-78-072
11
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INTRODUCTION
.This document has been produced in compliance with Section 110(h)(l)
of ,'the'CteafJ>«1r Act Amendments of 1977. The Federally enforceable
regtlIaMohs 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
Octobers 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
B8 r'etjlHred 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, a.nd local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
all-ow one to quickly assess the contents of the document. Specifically,
the .summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive; compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
Submittal Date
3/30/72
5/4/72 ..
1/25/74
OF
EPA-APPROVED REGULATION CHANGES
MICHIGAN
Approval Date
5/31/72
5/31/72
2/11/77
Description
SO? Part 3, Air
Pollution Episodes,
Part 6
Grand Rapids - Section
9.35, 9.36
Rule 336. Part 2
FEDERAL REGULATIONS
Section Number
52.1175
52'. 1176
52.1180
Description
Compliance Schedules
Review of New or Modified
Indirect Sources
Prevention of Significant
Deterioration
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' DOCUMENTATION OF CURRENT EPA-APPROVED
.-..'' : STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 . EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE.EMISSIONS AND CONTROLS
13.0 RECORD,KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0 ' .
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT -; SPECIFIC REGULATIONS
50.1 PARTICULATES
". '50.1.1 . PROCESS WEIGHT .
50:.1;.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
51,5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Partlculates
(Includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
.51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (Includes Related Topic)
51.13 OPEN BURNING (Includes Forest Management, Forest Fire, Fire
'Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
51.15 PETROLEUM REFINERIES
51;16 PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (Includes Aluminum, Steel and Related
Topics)
51.18 .SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS .
51.21 MISCELLANEOUS TOPICS , .
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(3.0)
(2.0)
(50.0)
(9.0)
(9.0) (50.1.2)
(50.1)
(51.13) .
(50.0)
(2.0)
(7.0)
(51.6)
(9.0)
(2.0)
STATE
Rule Number
Part 1
Part 2
Part 3
R 336.41
R 336.42
R 336.43
R 336.44
R 336.45
R 336.46
R 336.47
R 336.48
R 336.49
Part 4
Part 5
REGULATIONS
Title Page
Definitions
Air Use Approval
Emission Limitations and
Prohibitions
Standards For Density of
Emissions
Points of Measuring Density
Darkness Grading Devices
Emission of Particulate Matter
Open Burning
Air Contaminant or Water
Vapor, When Prohibited
Diluting and Concealing
Emissions
Abnormal Conditions and
Breakdown of Equipment
Emission of Sulfur Dioxide
From Power Plants
Testing and Sampling
Air Cleaning Devices and
Number
1
4
12
12
12
13
13
13
13
14
14
14
17
18
Collected Contaminants
(8.0)
Part 6
Air Pollution Episodes
24
VIII
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CITY OF GRAND RAPIDS
Revised Standard
Subject Index
(2.0)
(51.13)
(50.1)
(2.0)
WAYNE
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
-(3.0)
(2.0)
(50.0)
(50.1.2) \
(50.1.2)
(2.0) '
(50.1.).
Section
Number
9.35
9.35 (1)
9.35 (2)
9.36
Title
Violations
Open Burning
Emission of Particulate
Matter
Duties and Powers of the
Director
Page Number
30
30
30
30
COUNTY AIR POLLUTION CONTROL REGULATIONS
Section
Number
Article I
Section 1.3
Article II
Article III
Article IV
Article V
Article VI
Section 6.1
Section 6.1A
Section 6. IB
Section 6.2
Title
General Provisions
Definition of Terms
Administrative Organization
Standards and Recommended
Practices
Installation Permit and
Certificate of Operation
Schedule of Fees
Emission Limitations and
Prohibitions - Standards of
Measurement
Emission of Visible Air
Contaminants
Grading Visible Emissions
Exceptions
Emission of Particuiate
Page Number
33
33
36
40
40
46
47
47
47
47
47
Matter From Any Source
IX
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Revised Standard
Subject Irtdex
(50.2
(51.6)
Section
" Numl5e?
Section 6.3
Section 6.3A
(2.0)
(51.13)
(9.0)
(51.13)
(50.0)
(50.1)
(2.0)
(51.9)
(4.0)
(9.0)
(2.0)
(51.0)
(9.0)
(5.0)
(16.0)
(15.0)
(2.0)
(16.0)
(15.0)
Section 6.3B
Section 6.3C
Section 6.3H
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
-Article XIV
Title ' Page Number
Emission of Sulfur Compounds 53
Fuels And Emissions Relating 53
to Power Generation, Steam
Generation, Space Heating and
Service Water Heating
Exceptions 56
Sulfuric Acid Plants 57
Methods of Measurement 57
Open Burning 58
General Prohibition 58
Wind-Borne Pollutants 59
Circumvention 59
Domestic Refuse Burning 59
Equipment
62
Emission Recording Monitoring 62
Devices
62
Procedural Requirements 63
Sampling and Testing 63
Variances 65
Appeals 66
Sealing 67
Registration of Emissions 68
Right of Entry 68
Penalties For Violations 69
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Revised Standard
Subject Index '
(2.0)
(16.0)
(2.0)
(15.0)
Section
Number
Article XV
Article XVI
Article XVII
Article XVIII
Title
Severability
Public Hearing
Repeal Clause
Savings Clause
Page Number
69
70
70
70
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
. Subject Index Number
(6.0) 52.1175
(10.0) ' 52.1176
(17.0) 52.1180
Title Page Number
Compliance Schedules 68
Review of New or Modified 78
Indirect Sources
Prevention of Significant 88
Deterioration
XI
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MICHIGAN AIR POLLUTION IMPLEMENTATION PLAN
AIR POLLUTION CONTROL COMMISSION
GENERAL RULES
(By authority conferred on the air pollution control commission by
sections 5 and 7 of Act no. 348 of the Public Acts of 1965, being
sections 336.15 and 336.17 of the Compiled Laws of 1948).
(1.0) PART 1
DEFINITIONS
R336.ll - Definitions A to F
RULE 11
(1) "Air cleaning device," "air contaminant" and "air pollution,"
have the meanings stated in section 2 of Act No. 348 of the
Public Acts of 1965, being section 336.12 of the Compiled
Laws of 1948.
(2), "Fuel-burning equipment" means a device, contrivance or equip-
ment used principally, but not exclusively, for the burning of
. -fuel, and all appurentances thereto including ducts, breechings,
control equipment, fuel-feeding equipment, ash-removal
equipment, combustion controls, stacks, chimneys, used for
indirect heating in which the material being heated is not
contacted by and adds no substance to the products of
combustion. Such equipment typically includes that used for
Cheating water to boiling; raising steam, or super-heating steam;
heating air as in a warm air furnace; furnishing process heat
that is conducted through vessel walls; and furnishing process
heat indirectly through its transfer by fluids.
>, '
R 336.12 - Definitions I to 0
RULE 12
(1) "Incinerator" means a device specifically designed for the
destruction, by burning, of garbage or other combustible refuse
or waste material.
(2). "Open burning" means a fire from which the products of combustion
are emitted directly into the open air without passing through
a stack or chimney.
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(3) "Outer"air" means all space outside of buildings, stacks, or
exterior ducts.
HISTORY: 1954 ACS 51, p.21
R 336.13 - Definitions P
RULE 13 .,
(1) "Participate matter" means material, except uncombined water,
that exists in a finely divided form as a liquid or solid at
standard conditions.
(2) "Permit to install" means a permit issued by the commission
authorizing the construction, installation or alteration, of
any process, fuel-burning, incinerator burning or control
equipment in accordance with approved plans and specifications.
(3) "Permit to operate" means a certificate issued by the commission
authorizing the use of any process, fuel-burning, refuse-
burning, or control equipment for the period indicated after
it has been demonstrated that it can be operated in compliance
with, these rules.
(4) "Person" means an individual person, trustee, court appointed
representative, syndicate, association, partnership, firm,
club, company, corporation, business trust, institution,
agency, government corporation, municipal corporation, city
county, municipality, district or other political subdivision,
department, bureau, agency or instrumentality of federal state
or local government or other entity recognized by law as the
subject of rights and duties.
(5) ".Process" or "process equipment" means any equipment, device
or contrivance for changing any materials whatever or for
storage or handling of any materials, and all appurtenances
thereto, including ducts, stacks, etc., the use of which may
cause any discharge of an air contaminant into the outdoor
.atmosphere but not including fuel-burning equipment.
(6) "Process weight" means the total weioht of all materials intro-
duced into a source operation, including solid fuels, but
excluding liquids and gases used solely as fuels, and excluding
air. introduced for purposes of combustion.
(7) "Process weight rate" means a rate established as follows:
1
(a) For continuous or long run steady-state source operations, "
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. ' "." the total process weight for the entire period of continuous
, ' operation or for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
,(b) For cyclical or batch source operations, the total process
weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual
process operation during such a period.
(c) When the nature of any process or operation or the design
of any equipment is such as to permit more than 1 inter-
pretation that results in the minimum value for allowable
emission applies.
HISTORY: 1954 ACS 51 p. 21
R 336.14 - Definitions R and S
RULE 14
(1) "Ringelmann chart" means the chart published and described
in the U.S. Bureau of Mines Information Circular 7718, and on
which are illustrated graduated shades of gray to black for use
in estimating the density of smoke.
(2) "Salvage operation" means an operation conducted in whole or
in part for the salvaging or reclaiming of any product or
material. . .
(3) "Smoke" means small gas and airborne particles consisting
essentially of carbonaceous material in sufficient numbers
to be observable. .
(4) "Source operation" means the last operation preceding the
emission of an air contaminant which operation
(a) results in the separation of the air contaminant from
the process material or in the conversion of the process
materials into air contaminants, as in the case of combus-
tion fuel; and
(b) is not an' air pollution abatement operation.
(5) "Source sample" means a sample of the emission from an air
contamination source, collected for analysis from within a
stack or an effluent stream.
(6) "Stack" or "chimney" means a flue, conduit or duct arranged to
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conduct an effluent to the open air.
(7) "Standard conditions" means a gas temperature of 60 degrees
Fahrenheit and a gas pressure of 14.7 pounds per square inch
absolute.
HISTORY: 1954 ACS 51, p. 22.
(3.0) PART 2
AIR USE APPROVAL
R 336.21 - Permits to install
RULE 21
(1) A person shall not install, construct, reconstruct or alter
any process, fuel burning, or refuse burning equipment, which
may be a source of an air contaminant, or control equipment
pertaining thereto, before issuance of a permit by the
commission. This will be known as a permit to install and will
cover construction, reconstruction and alteration of equipment
where that is involved. A person planning to install, construct,
reconstruct or alter any such equipment shall apply to the
commission for a permit to install and provide the information
required in rule 24.
(2) In case of proposed equipment for which a permit to install
is required by subrule (1), of such magnitude that some phases
of construction such as site clearing, foundations, and
associated structures have to commence before issuance of the
. permit to install, approval of the location of the proposed
equipment shall be applied for and obtained from the commission
before commencement of the construction. The commission shall
act on such application with a reasonable time and shall not
approve the proposed location unless it is reasonable convinced
that the equipment when completed will be in compliance with
the\commission's rules.
(3) An application for a permit to install may be approved subject
to.any condition necessary to assure compliance with these
rules which shall be specified in writing.
(4) Trial operation of the equipment is permitted until the
.commission acts upon the permit to operate.
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R 336.22 - Waivers of approval
RULE 22 '.
If the requirement for approval prior to construction will create an
undue hardship to the applicant, the applicant may request of the
commission a waiver to proceed with construction. The application
for a waiver shall explain the circumstances which will cause the undue
hardship. The application shall be acted upon by the commission within
30 days. If a waiver is granted, the applicant shall submit pertinent
plans and specifications for approval as soon as is reasonably practical.
The applicant, after a waiver is granted, proceeds with the construction
at his own risk. After construction, modification, relocation or
installation has begun or been completed, if the plans and specifications
and completed installations do not meet commission approval, the
alterations required to effect approval shall be made within a reasonable
time as specified by the commission. Application forms furnished by the
commission shall be signed by the owner or his authorized agent.
R 336.24 -'Information required
RULE 24 ' ' ' '
An application for a permit to install shall include information
required by the commission on the application form or by written notice. .
If considered by the commission to be pertinent to evaluation of the
equipment-for which a permit is sought, this information shall include,
but is not .necessarily limited to:
(a) Expected composition of effluent stream, both before and after
installation of an air cleaning device, including emission rate,- concen-
tration, exhaust gas volume and exhaust gas temperature.
(b) Expected physical and chemical characteristics of air
contaminants.
. (c) Detail of air cleaning devices, if any, including description,
design parameters and anticipated performance.
' (d) Location and elevation of the emission point and other factors
relating to dispersion and diffusion of the contaminant in
the outer air, and the relation of the emission point to
'..,,.-. nearby structures, window opening and other information necessary
:to appraise the possible effects of the effluent.
(e).Method of disposal of wastes resulting from operation of the
process equipment or air cleaning devices.
(f) A. plan for reduction of emissions during air pollution alerts,
: warnings, and emergencies where required by subrule (1) of
rule 78.
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(g) Information in a form prescribed by the commission and necessary
for preparation of an environmental impact statement if in the
judgment of the commission the equipment for which a permit
is sought may have a significant effect on the environment.
R 336.25 - Authority of agents
RULE 25
When a person files plans and specifications as the agent of an owner
the owner shall furnish the agent with a letter of authroization for
filing of the plans and specifications, and this letter shall be
submitted with the plans and specifications.
R 336.26 - Processing of applications
RULE 26
(1) The. commission shall notify the applicant in writing of
approval, conditional approval or denial of an application for
a permit to install within 60 days after receipt of the appli-
cation except as provided in subrule (2). A copy of a permit
approval or denial shall be furnished to appropriate air
pollution control authorities. .
. * -
(2) When delays would cause undue hardship to an applicant or
materially handicap his need for proceeding promptly with the
proposed installation, modification or relocation, a request
for priority consideration and the justification therefore
shall be submitted. When a priority is granted, the application,
if, practicable, will be processed within 15 days after
receipt of the request for priority.
R 336.28 - Denial of permits to install
RULE 28
(1) The'Commission shall deny an application for a permit to
install if, in the judgment of the commission:
(a) The equipment for which the permit is sought would not
operate in compliance with the rules of the commission or
' state law.
/ .
(b) The equipment for which the permit is sought would interfere
. with the attainment or maintenance of the air quality
. standard for any air contaminant.
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(c) The equipment for which the permit is sought would violate
the provisions of the clean air act, being 42 USC 1857
et seq, and particularly the rules promulgated at Volume
: 36 Federal Register 24876 to 25895, dated December 23, 1971.
(d) Sufficient information has not been submitted by the
applicant to enable the commission to make reasonable
judgments as required by subdivisions (a) to (c).
(e) Adequate requested information for preparation of an
environmental impact statement is not submitted.
(f) Operation of the equipment would result in substantial
deterioration of air quality.
(g) A satisfactory plan for reduction of emissions during air
pollution alerts, warnings, and emergencies where required
by rule 24 is not submitted.
(2) When an application is denied, the applicant shall be notified
in writing of the reasons therefor. A denial shall be without
prejudice to the applicant's right to a hearing before the
commission or for filing a further application after revisions
are made to meet objections specified as reasons for the denial.
R 336.29 - Permits to operate
RULE 29
(1) Except as otherwise provided in subrule 4 of rule 21, a person
shall not operate a process, fuel burning, or refuse burning
'equipment which may be a source of an air contaminant, nor "
an air cleaning device pertaining thereto, before issuance
of a permit to operate by the commission.
(2) Not more than 30 days after completion of the installation,
construction, reconstruction or alteration of a process, fuel...
burning or refuse burning equipment, or an air cleaning device
pertaining thereto, which may be a source of an air contaminant,
the owner or his authorized agent of the process or device
shall apply in writing to the commission for a permit to
, operate. Completion of the installation, construction, recon-
/ struction or alteration is deemed to occur not later than
commencement of a trial operation pursuant to subrule (4) of
rule 21.
.. .(3) The commission shall issue the permit to operate equipment
unless the permit is denied because in the judgment of the
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commission 1 or more of the following reasons exists:
(a) The equipment does not operate in compliance with the
rules of the commission, the clean air act, being 42 USC
1857 et seq, and the rules promulgated in Volume 36
Federal Register 24876 to 24895, dated December 23, 1971.
i i
;. (b) It interferes with the attainment or maintenance of the
air quality standard for any air contaminant.
(c) It is not completed in compliance with the permit to
install.
(d) Operation of the equipment results in substantial deterior-
ation of air quality.
(4) Except for conditions beyond the reasonable control of the
operator, such as mechanical and power failures which can
be and are readily repaired or corrected, the permit to
operate continues in effect as long as the equipment performs
in accordance with the conditions upon which the permit is
based. The commission at any time after notice and opportunity
for hearing may rescind its permit-to operate and the equipment
shall not be operated if evidence indicates that the equipment
is not performing in accordance with the conditions upon which
the permit is based.
R 336.30 - Bus-pension of applicability of these rules
RULE. 30 .
The commission may suspend the applicability of these rules and regul-
ations as to.specific counties, cities or villages when it finds that
compliance with the local air pollution control ordinance or regulation,
would effectuate substantial compliance with the provisions of these
rules and regulations. Whenever the commission so suspends the applic-
ability of these rules and regulations, it will, whenever it deems it
necessary to assure compliance with the rules and regulations, reinstate
them with full force and effect generally, or for the purposes of a
specific application. The commission shall at all times maintain and
make available to the public a current list of each local commission
or authority with respect to which the commission has suspended the
applicability, of these rules and regulations and will furnish to the
applicant upon request a copy of such list on the letterhead of the
commission.
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R 336.31 -'Permit system exemptions; cooling and ventilating equipment.
RULE'31 ;.-
The permit system does not apply to:
(a) Cold storage refrigeration equipment.
(b) Comfort air conditioning or comfort ventilating systems not
designed to remove air contaminants generated by or released
from specific units of equipment.
(c) Natural draft hoods or natural draft ventilation.
(d) Water cooling towers and water cooling ponds not used for
evaporative cooling of process water or not used for evaporative
cooling of water from barometric jets or from barometric
condensers.
R 336.32 - Permit system exemptions; cleaning, washing and drying
equipment.
RULE 32
The permit system does not apply to:
(a) Vacuum cleaning systems used exclusively for industrial,
' commercial or residential housekeeping purposes.
(b) Equipment used for portable steam cleaning.
(c) Blast cleaning equipment using a suspension of abrasive in
water and any exhaust system or collector serving them exclu-
sively.
(d) Equipment used, for washing or drying products fabricated from
metal or glass, if no volatile organic materials are used
in the process and no oil or solid fuel is burned.
('e) Laundry dryers, extractors or tumblers for fabrics cleaned
with only water solutions of bleach or detergents.
R 336.33 - Permit system exemptions; furnaces, ovens and heaters
RULE 33 <
The permit, system does not apply to:
(a) Natural gas fired, liquefied petroleum gas fired, or electrically
heated furnaces for heat treating glass or metals, the use
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of which does not involve molten materials.
(b) Porcelain enameling furnaces or porcelain enameling drying ovens
and any exhaust equipment serving them exclusively.
(c) Kilns for firing ceramic ware, heated exclusively by natural
gas, liquefied petroleum gas or any combination thereof, or
heated electrically, and any exhaust system or collector
serving them excluively.
(d) Blacksmith forges.
(e) Crucible furnaces, pot furnaces or induction furnaces, with
a capacity of 1,000 pounds or less each, in which no sweating or
distilling is conducted nor any fluxing conducted utilizing
free chlorine, chloride and fluoride derivatives and ammonium
compounds.
(f) Gas fuel and No. 1 and No. 2 fuel-oil burning equipment with
a maximum heat input of 19 million BTU/hour used for space
heating, service water heating, or electric power generation
and indirect heaters used in oil and gas producing and process
operations.
(g) Fuel burning, refuse burning and cooking equipment used in
connection with a structure designed and used exclusively as
a dwelling for not more than 3 families.
(h) Bakery ovens and confection cookers where the products are
e'dible and intended for human consumption and any exhaust
system or collector serving them exclusively.
i
R 336.34 - Permit system exemptions; testing and inspection equipment.
RULE 34 .;
)
The permit system does not apply to:
(a) Laboratory equipment used exclusively for chemical or physical
analysis or experimentation except that used for controlling
radioactive air contaminants.
(b) Equipment used for hydraulic or hydrostatic testing.
(c) Equipment for inspection of metal products.
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R 336.35 - Permit system exemptions; containers.
(a) Dipping operations for coating object with oils, waxes or
greases, or natural or synthetic resins contianing no organic
solvents.
(b) Electrolytic plating with, electrolytic polishing of or elec-
trolytic stripping of the following metals: brass, bronze,
cadmium, copper , iron, lead, nickel, tin, zinc and precious
metals.
(c) Storage of butane, propane or liquefied petroleum gas.
(d) Storage of lubricating oils.
R 336.36 - Permit system exemptions; miscellaneous
RULE 36
The permit system does not apply to:
(a)' Maintenance structural changes or minor repairs not involving
any change in the qulity, nature or quantity of the emission
of an air contaminant therefrom.
('b) Equipment used for any mode of transportation.
(c) Internal combustion engines.
(d) Vacuum pumps in laboratory or pilot plant operations.
(e) Unheated solvent dispensing containers or unheated solvent
rinsing containers of 60 gallons capacity or less.
. (f) Portable brazing, soldering or welding equipment.
(g) Grain, metal or mineral extrusion presses.
(h) The following equipment and an exhaust system or collector
serving it exclusively:
,-(i) Drop hammers or hydraulic presses for forging or metal
. working.
. ;,(ii) Die casting machines
(.iii) .Equipment for surface preparation of metals by use of
aqueous solutions, except for acid solutions.
(iv) Atmosphere generators used in connection with metal heat
: treating processes.
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(v) Equipment used exclusively for sintering of glass or metals,
but not exempting equipment used for sintering metal
bearing ores, metal scale, clay, flyash or metal1compounds.
Equipment for carving, cutting, routing, turning, drilling,
\V1) machining, sawing, surface grinding, sanding, planning,
buffing or polishing of ceramic artwork, leather, metals,
plastics, rubber, wood or wood products on a nonproduction"
basis.
(vii) Photographic process equipment by which an image is
reproduced upon material sensitized to radiant energy.
(2.0) PART 3
EMISSION LIMITATIONS AND PROHIBITIONS
(50.0) R 336.41 - Standards for density of emissions
RULE 41
No person shall cause or permit to be discharged into the atmosphere
from any single source of emission, smoke of a density equal to o'r
darker than No,. 2 of the Ringelmann chart except:
(a) Smoke of a density equal to but not darker than No. 2
of the Ringelmann chart may be emitted for not more than 3
minutes in any 30 minute period.
(b) Smoke'Of a density equal to but not darker than No. 3 of the
Ringelmann chart may be emitted for not more than 3 minutes
in any 60 minute period, but such emissions shall not be
permitted on more than 3 occasions during any 24 hour period.
HISTORY: 1954 ACS 51, p. 25.
(9.0) R 336.42 - Points of measuring density
RULE 42
The density of a smoke plume shall be measured at the point of its
emission, except when the point of emission cannot be readily observed,
it may be measured at an observable point on the plume nearest the point
of emission:
HISTORY: 1954 ACS 51, p.26.
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(9.0) R 336.43 - Darkness grading devices
(50.1.2)
RULE 43
'; '''
Darkness of visible emissions of smoke shall be graded by using the
Ringelmann smoke chart as published by the United States Bureau of
Mines in "Information Circular 7718" or by means of devices which
result in measurements of equal or better accuracy.
HISTORY: 1954 ACS 51, p. 26
(50.1) R,336.44 - Emission of particulate matter
RULE 44
It is unlawful for any person to cause or allow the emission of parti-
culate matter from any source in excess of the emission schedule listed
in Table 1.
HISTORY: 1954 ACS 51, p. 26.
(51.13) R 336.45 - Open burning
RULE 45
. (1) No person shall cause or permit open burning except where
..permitted in accordance with Act No. 87 of the Public Acts of
: 1965, being sections 325.291 to 325.298 of the Compiled Laws
,. of 1948, or ru.les promulgated thereunder, or where permitted
in accordance with Act No. 143 of the Public Acts of 1923,
as amended, and Act No. 35 of 1955, being sections 320.1 to
320.48 of the Compiled Laws of 1948.
I-.: (2) No person shall conduct a salvage operation by open burning .
except on written approval of the commission. The commission
shall seek advice and guidance of local authorities before
/issuing such approval.
: HISTORY: 1954 ACS 51, p. 26.
(50.0) R 336.46 - Air contaminant or water vapor, when prohibited.
RULE 46
No person shall cause or permit the emission of an air contaminant
or wa.ter vapor, including an air contaminant whose emission is not
otherwise.prohibited by these rules, or an air contaminant or water
vapor which', reacts or may react with any other air contaminant or natural
air, and which causes or will cause detriment to the safety, health,
welfare or comfort of any person or which causes or will cause damage
to property of business.
HISTORY: 1954 ACS 51, p. 26.
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(2.0) R 336.47 - Diluting and concealing emissions
RULE 47 .'
Unless prior written approval is obtained from the commission, no person
shall build, erect, install or use any article, machine, equipment or
other contrivance, the sole purpose of which is to dilute or conceal
an emission without resulting in a reduction in the total release of
air contaminants to the atmosphere. This rule does not apply to the
control of odors.
HISTORY: 1954 ACS 51, p.26.
(7.0) R 336.48 - Abnormal conditions and breakdown of equipment
RULE 48
Emissions exceeding any of the limits established in rules as a direct
result of abnormal conditions in or breakdown of a process, fuel-
burning, refuse-burning, control or related operating equipment beyond
the control of the person owning or operating such equipment shall not
be deemed to be in violation of such rules, if the owner or operator
advises the commission of the circumstances and outlines a corrective
program acceptable to the commission.
HISTORY: 1954.'ACS 51, p. 26.
(51.6) R 336.-49 - .Emission of sulfur dioxide from power plants.
RULE 49
It is unlawful for a person to burn in a power plant fuel which
does not comply with either the sulfur content limitation of
table 3, or which when burned results in sulfur dioxide emissions
exceeding an equivalent emission rate as shown in table 4,
unless the following conditions are met:
(a) The source of fuel burning is not subject to federal
emission standards for new stationary sources.
(b) An installation permit, if required by part 2, has been
approved by the commission before August 17, 1971.
(c) The user furnishes evidence that the fuel burning does not
; create, or contribute to, an ambient level of sulfur dioxide
in excess of the applicable ambient air quality standards.
. .-, The evidence shall be furnished to the commission not
later than July 1, 1973 and shall include 12 months of
air quality date or equivalent information satisfactory to
the commission. The method of obtaining the evidence shall
be approved by the commission or its representatives who
, shall be given the opportunity to calibrate and check the
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; performance of monitors without prior notification of the
1 owner.
(d) The user is operating in compliance with an order, stipu-
lation or variance from the commission.
(2) Notwithstanding the provisions of subrule (1), an exception
from the limitations of table 3 will not be permitted after
January 1, 1980 unless specified authorization is granted
by the commission.
(3) A person responsible for operation of a source which on July 1,
1973 is using fuel with a sulfur content in excess of that
allowed to be burned on July 1, 1978 as listed in table 3, or
which on July 1, 1973 is emitting sulfur dioxide in excess of
the equivalent emission for that fuel as shown in table 4,
shall submit to the commission not later than January 1, 1974
a written program for compliance with this rule. This require-
ment does not apply to a source for which the cormiission has
approved an exception to table 3 under the provisions of
subrule (1).
(4) The program required under subrule (3) shall include the method
by which compliance will be achieved, a complete description
of new equipment to be installed or modifications to existing
equipment to be made, and a timetable which specifies, as a
minimum, the date by which emissions will be reduced to the
Tevels shown in tables 3 and 4.
(5) The commission may allow any source which is required to submit
a compliance program under subrule (3) an extension to the
'programmed compliance date if the following conditions are met:
(a) The source of fuel burning is not subject to federal
emission standards for new stationary sources.
(b) An installation permit, if required by part 2, was approved
:: by the commission before August 17, 1971.
(c) The user furnishes satisfactory evidence to the commission
that the fuel burning does not create, or contribute to,
an ambient level of sulfur dioxide in excess of the
applicable ambient air quality standards.
(6) A person shall not cause or permit the burning of fuel in any
fuel burning equipment that results in an average emission of
. sulfur dioxide for any calendar month at a rate greater than
was emitted by that fuel burning equipment for the corresponding
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Calendar month of the year 1970, unless otherwise authorized
by 'the commission.
(7) The.use of fuels having sulfur contents as set forth in this
rule shall not allow degradation in the mass rate of particulate
emission unless otherwise authorized by the commission. The
commission may require source emission tests which may be
performed by or under the supervision of the commission at the
expense of the owners and may require the submission of reports
to the commission both before and after changes are made in
the sulfur content in fuel.
Table 3. SULFUR IN FULL LIMITATIONS FOR FUEL BURNING EQUIPMENT
Plant Capacity (a)lOOO Ibs.
Steam Per Hour
0-500,
Over 500
Maximum.Sulfur Content in Fuel'*3)
Percent by Weight (c)
July 1, 1975.
Julv L.1978
2.0
1.5
1.5
1.0
Table 4.
EQUIVALENT EMISSION RATES
% Sulfur in
Fuels (c) ' :
Parts Per Million by Volume
Corrected to 50% Excess Air
Pounds of Sulfur Dioxide
Per Million BTU of Heat
Input
1.0
1.5
2.0
Solid Fuel
(12,000 BTU/ lb)
590
800
1180
Liquid Fuel^a
(18,000
BTU/lb)
420
630
840
-16-
Solid Fuel
(18,000
BTU/lb) "
1.6
2.4
3.2
Liquid fue
(18,000
BTU)
1.1
1.7
2.2
-------
(a) For the purposes of this rule, plant capacity is defined
as the total steam production capacity of all coal and oil
burning equipment in a power plant as of August 17, 1971.
.. . A power plant is defined as a single structure devoted
to steam or electric generation or both and may contain
multiple boilers.
(b) Maximum sulfur content in fuel is defined as the average
sulfur content in all fuels burned at any one time in a
power plant. The sulfur content will be calculated on the
basis of 12,000 BTU per pound for solid fuels and 18,000
BTU per pound for liquid fuels.
(c) Determination of sulfur content (percent by weight) of fuel
shall be carried out in accordance with a procedure accept-
able to the commission.
(d) Solid fuels include both pulverized coal and all other coal.
(e) Liquid fuels include distillate oil (#1 and #2), heavy
oil (#4, #5 and #6), and crude oil.
(9.0) . PART 4
TESTING AND SAMPLING
R 336.51 - Notices
RULE 51
The owner or his authorized agent shall notify the commission in writing
not more than 30 days after the completion of an installation when it
will be placed in operation. At the same time and where applicable he
shall notify the commission of the time, place and person who will
conduct tlests he will perform on the installation. If a representaive
of the commission is to witness the test and the stipulated time is
inconvenient he may request a postponement to some other reasonable
time.
HISTORY: 1954 ACS 51, p. 26.
R 336.52 - Tests by owners
RULE 52; ! . i
i
A representative of the commission shall be permitted to witness the
tests. The cost of tests upon which the approval of the report, plans
and specifications was based shall be paid by the owner of the install-
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ation. Tests shall be conducted in the manner set forth in the
application or by another method acceptable to the commission and the
results of the test shall be submitted to the commission
HISTORY: 1954 ACS 51, p. 26
R 336.53 - Tests by Commission
RULE 53 ."
The commission or its representatives may conduct separate or additional
tests of an installation on behalf of the state at a reasonable time
and at the state's expense. Sampling holes, safe scaffolding and perti-
nent allied facilities, but not instruments and sensing devices, as
needed shall be requested in writing by the commission and provided
by and at the expense of the owner of the installation at such points
as the commission requests. The owner shall provide a suitable power
source to the point of testing so that sampling instruments can be
operated as required. Analytical results of samples collected by the
commission shall be furnished to the owner.
HISTORY: 1954 ACS 51, p. 26.
R 336.54 - Methods and procedures
RULE 54
Sampling and analytical determinations to ascertain compliance with
these rules shall be made in accordance with methods and procedures
acceptable to the commission.
HISTORY: 1954, ACS 51, p. 26.
(2.0) PART'S,
AIR CLEANING DEVICES AND COLLECTED CONTAMINANTS
R 336.61 - Air cleaning devices
RULE 6V .-.'.
An air cleaning device shall be installed and maintained and operated
in a satisfactory manner and in accordance with existing laws and these
rules.-
HISTORY: 1954 ACS 51, p. 26
R 336.62 - Collected Air Contaminants
RULE 62 :. . .
Collected air contaminants shall be removed and disposed of in conformity
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with existing laws and these rules and at such intervals as are
necessary.to maintain the equipment at the required operating efficiency.
Collection and disposal shall be performed in a manner so as not to
introduce contaminants to the outer air.
TABLE 1
PARTICULATE MATTER EMISSION SCHEDULE
Source
Maximum Allowable Emission at Operating
Conditions (a) (Ibs. Particulate Per
1,0.00 Ibs. Gas)
A. Fuel Burning Equipment
1. Pulverized coal
(Includes cyclone furnaces
Capacity Rating in 1000 Lbs. Steam
Per Hr.
See Figure 1 for maximum emission
values. Note: it is required that
a maximum allowable emission listinc
be applied for to the Air Pollution
Control Commission for all pulver-
ized coal (and cyclone) furnaces
having capacity ratings in excess
of 1 million pounds of steam per
hour.
2. Other modes of firing
0-100
100-300
over 300
0.65 -
Note: It is required that a maxi-
mum allowable emission listing be
applied for to the Air Pollution
Control Commission for all furnaces
in this group having capacity
ratings in excess of 300,000
pounds of steam per hour.
B. Incinerators^)
.. 1. Residential apartments
2. Commercial and industrial
3. Municipal
Rating in Ibs. -Waste Per Hour
0-200
200 and over
0-400
400 and over
All
0.65
0.30
0.65
0.30
0.30
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c.
Steel Manufacturing
1. Open hearth furnaces(d)
2. Basic oxygen furnaces(d)
3. Electric furnaces(d)
4. Sintering plants
5. Blast furnaces
6. Heating and reheating furnaces
0.15
0.15
0.15
0.20
0.15
0.30
D. Ferrous Cupolas'6.)
1. Production
2. Jobbing
Total Plant Melt
*ate in Tons/Hr.
0 - 10
11 - 20
21 and over
0.40
0.25
0.15
0.40
E. Lime
1 . Rotary
2. Other
0.20
0.20
F.
Asphalt (Paving) Batch Plants
1. Stationary
2. Portable in remote locations^)
Plant Capacity
(Tons Per Hour)
0 - 100
101 - 150
151 - 200
200 and over
0.30
0.60
0.50
0.45
0.35
G. Cement Manufacture
(Up to 15,000 barrels per day
kiln, capacity)
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1. Kiln - wet or dry process 0.25
2. Clinker coolers ' 0.30
3. Grinding, crushing and other 0.15
material handling
Note: It is required that a maximum allowable emission listing
be applied for to the Air Pollution Control Commission
for all kiln installations which will result in a total
plant kiln capacity in excess of 15,000 barrels of
cement per day.
H. Iron Ore Pelletizing Gas Flow Rate
(SCFM)
Grate kilns and traveling grates 600,000 0.10
300,000 0.15
100,000 or less 0.20
I. Sources Not Specifically Named
The maximum allowable emission of particulate matter from any source
except those specified above (Table 1) Shall be determined from
Table/2, unless a specific emission level fbr the process is
developed and listed by the commission on its own itiative or by
application. All new listed values shall be based upon the control
results achievable with the application of the best, technically
feasible, practical equipment available.
Note:
(a) Fuel burning and refuse incineration limitations shall be
calculated to 50% excess air.
(b) Emission limitations for specific ratings are determined by
linear interpolation between the ranges shown.
(c),These emission limitations do not apply to domestic incinerators
, (defined as having not over 5 cubic feet of storage capacity).
(d) 'Air cleaning equipment shall be designed for maximum emission
of 0.1 pounds per thousand pounds of gas.
(e) Differentiation between jobbing and poroduction foundries:
Cupolas used in a jobbing foundry are the same as those used
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In a production foundry and will vary in size only according
to the quantity of iron melted per hour.
However, the cupolas in a jobbing foundry will be run inter-
mittently for just long enough at 1 time to pour the molds
that are ready on the foundry floor, job by job. This might be
for a 2 to 4 hour period per day for any number of days per
week.
Production foundry cupolas will melt continuously to pour a
. succession of molds that are constantly being prepared to
receive this continuous flow of iron. This could become
8 hours, or 24 hours per day for any number of days per week.
(f) Where no water is available and emission limit of 0.3 pound per
1000 pounds of gas cannot otherwise be satisfied, plant may
be located as center point of buffer zone 1 mile in radius
having no occupied residences or places of public assembly.
Table 2 ALLOWABLE RAT
Process Weight Rate
Lb/Hr.
100
200
400
.600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Tons/Hr.
, 0.05
0.10
0.20
. 0:30
0.40
0.50
0;75
:.'1.00
.1.25
: : ' 1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
I OF EMISSION BASED ON PROCESS WEIGHT RATE ^'
Rate of
Emission
Lb/Hr.
0.55
0.88
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.95
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight Rate
Lb/Hr.
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Tons/Hr.
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
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JO
O
I*
i
ro
OJ
i i
5
MAXIMUM ALLOWABLE
EMISSION-POUNDS OF
PARTICULATE PER COO
POUNDS OF GAS
to
0.9
08
07
Q6
09
O.4
0.3
0.2
0.1
349t789io no
STEAM CAPACITY RATING 1000 POUNDS OF STEAM PER HOUR
WOO
m
o
n
Nolt: II it rtquirid that o maumum allowable emission fitting b< appKtd for
to ItM Air Ponulan Control Commrswjn lor all pUverited cool (oixJ
cyclone) luracet having capacity ruling* in encett ol I million pound*
ol ttiom per hour.
-------
^'Interpolation of the data in this table for process weight rates up
to 60,000 Ib/hr. shall be accomplished by use of the equation E = 4.10 P
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr. shall be accomplished by use of the equation
E = 55.0 P °'.'' - 40, where E = rate of emission in Ib/hr. and P =
process weight in tons/hr.
Process weight - The total amount of all material introduced into an
industrial operation, including solid fuels, but excluding liquid fuels
and gaseous fuels when these are used as fuels and air introduced for
purposes of combustion.
Process weight rate - For continuous or long-term operation: The total
process weight for the entire period of operation or for a typical
portion thereof, divided by the number of hours of such period or portion
thereof. For batch operations: The total process weight for a period
which covers a.complete operation or an integral number of cycles,
divided by the hours of actual process operaton during such period.
(8.0) PART 6 '
AIR -POLLUTION EPISODES
R 336.71 - Definition of Air Pollution Episode
.''c
RULE 71 .,
"Air pollution episode" means a condition which could lead to or
result in the-buildup of atmospheric contaminants in the state, or
any part thereof, which adversely affect the health of the people. It
includes and air pollution forecast, alert, warning and emergency.
R 336.72 - Definition of Air Pollution Forecast
RULE 72
i .
"Air pollution forecast" means a national weather service advisory or
local equivalent that an atmospheric stagnation condition exists.
R 336.73 - Definition of Air Pollution Alert
RULE 73
"Air pollution alert" means a concentration of contaminants at which
control actions begin. An alert will be declared when any 1 or combin-
ation of the following levels is reached at any monitoring site in the
commission approved air quality monitoring network:
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Suspended participate - average level is equal to or exceeds
3.0 COHs for a consecutive 24 hour period.
(b) Sulfur dioxide - average level is equal to or exceeds 0.3
parts per million (ppm) (800 Mg/M3) for a consecutive 24 hour
period.
(c) Product (suspended particulate and sulfur dioxide) - average
level, is equal to or exceeds 0.2 COHs ppm for a consecutive
24 hour period.
(d) Carbon monoxide - average level is equal to or exceeds 15.0
ppm (17 mg/M3) for a consecutive 8 hour period.
(e) Nitrogen dioxide - average level is equal to or exceeds
0.15 ppm (282 yg/M ) for a consecutive 24 hour period or 0.6
ppm (1130 ng/M3) for any hour.
(f) Oxidant measured as( ozone (03))- average level is equal to
or exceeds 0.2 ppm (400ng/M3) for any hour.
(g) Meteorological conditions are such that the contaminant levels
can be .expected to remain at the levels described in subdivisions
.(a), .to (f) or increase for 12 hours unless control actions
are taken.
R 336.74 - Definition of Air Pollution Warning
RULE 74 '
"Air pollution warning" means a level which indicates that air quality
is continuing to deteriorate and that additional control actions are
necessary. An air pollution warning will be declared when any 1 or
combination of the following levels is reached at any monitoring site
in the commission approved air quality monitoring network:
(a) Suspended particulate - average level is equal to or exceeds
5.0 COHs for a consecutive 24 hour period.
(b) Sulfur dioxide - average level is equal to or exceeds 0.6 ppm
(1600 ng/M3) for a consecutive 24 hour period.
(c) Product (suspended particulate and sulfur dioxide) - average
level is equal to or exceeds 0.8 COHs ppm for a consecutive 24
hour period.
(d) Carbon monoxide - average level is equal to or exceeds 30.0 ppm
(34 mg/MJ) for a consecutive 8: hour period.
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(e) NitrOgen dioxide - average level is equal to or exceeds 0.8 ppm
(565: yg/M3) for a consecutive 24 hour period or 1.2 ppm (2260
g/M3) for any hour. ?
(f) Oxidapt [measured as ozone (03)] - average level is equal to or
exceeds 0.4 ppm (800 g/M3) for any hour.
(g) Meteorological conditions are such that the contaminant levels
can be expected to remain at the levels described in subdivisions
(a) to (f) or increase for 12 more hours unless control actions
are taken.
R 336.75 - Definition of Air Pollution Emergency.
RULE 75
"Air pollution emergency" means that air quality is continuing to deteri-
orate to a critical level and that the most stringent control actions are
necessary. An emergency will be declared when any 1 or combination of the
following levels is reached at any monitoring site in the commission ap-
proved air quality monitoring network:
(a) Suspended particulate - average level is equal to or exceeds 7.0
COHs for a consecutive 24 hour period.
(b) Sulfur dioxide - average level is equal to or exceeds 0.8 ppm
(21.00 yg/M3) for a consecutive 24 hour period.
(c) Product (suspended particulate and sulfur dioxide) - average level
is equal to or exceeds 1.2 COHs ppm for a consecutive 24 hour
period.
(d) Carbon monoxide - average level is equal to or exceeds 40 ppm
(46 mg/M3) for a consecutive 8 hour period.
(e) Nitrogen dioxide ? average level is equal to or exceeds 0.4 ppm
(750 yg/M3) for a con;
yg/M3) for any hour.
' niuiu^di UIUAIVJC uv.cra^c icvci i j cij ua i w wi t^svwccu*? w -r ^
(750 ug/M3) for a consecutive 24 hour period or 1.6 ppm (3000
r/M31
(f) Oxidant [measured as ozone (03)] - average level is equal to or
exceeds 0.6 ppm (1200 yg/M3) for any hour.
R 336.77 - Declaration of Air Pollution Episodes
RULE 76
(1) When in the opinion of the air pollution control division, de-
partment of public health, the conditions described in rule 72
have occurred, an authorized representative of the commission
may declare an air pollution forecast.
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(2) When in the opinion .of the chairman of the commission or his
'authorized representative, the conditions described in rule'
73 have occurred, the chairman or his representative may
declare an air pollution alert.
(3) When in the opinion of the chairman of the commission or his
authorized representative, the conditions described in. rule 74
have occured, the chairman or his representative may declare
an air pollution warning.
(4) When in the opinion of the chairman of the commission or his
authorized representative, the conditions described in rule 75
have occurred, the chairman or his representative shall request
the governor to declare an air pollution emergency.
R 336.78 - Episode Emission Abatement Programs
RULE 78
(1)'A person responsible for operation of a source which emits
1.0.25 or more tons per day of air contaminants for which ambient
air quality standards have been adopted shall prepare an episode
emission abatement program, consistent with good operational
.practice and safe operating procedures, for reducing the
emission of air contaminants into the outdoor atmosphere
during periods of an air pollution alert, warning or emergency.
An episode emission abatement program shall be designed to
reduce or eliminate emissions of air contaminants into the
outdoor atmosphere in accordance with the objective of reducing
^levels of air contaminants below the alert level.
(2) A program required by subrule (1) shall be in writing and show
the source of air contaminants, the approximate time required
to effect the program, a brief description of the manner in
which the reduction will be achieved during each state of an
air pollution episode, and such other information as the
.commission shall deem pertinent.
(3.) A program required by subrule (1) shall be submitted to the
commission upon request. It shall be subject to review and
.approval by the commission after consultation with appropriate
local air pollution control agencies. If, in the opinion of
the commission, the program does not effectively carry out the
objective as set forth in subrule (1), the commission may
! disapprove the program, state its reasons for disapproval,
and order the preparation of an amended program within the
£ime period specified in the order. A
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No. 348 of the Public Acts of 1965, being section 336.23 of
the Compiled Laws of 1948. If within the time period specified
in the order, an amended program is submitted which in the
opinion of the commission fails to meet the objective, the
commission in its own initiative may amend the program to
cause it to meet the objective. The amended program will
thereafter be the episode emission abatement program which the
person responsible will put into effect when so required by
rule 79.
i
(4) During a condition of air pollution forecast, alert, warning
or emergency, episode emission abatement programs as required
by subrule (1) shall be made available at the source location
to any person authorized to enforce the provisions of the
commission's emergency procedure.
R 336.79 - Episode Orders
RULE 79
(1) Wheiyan air pollution episode has been declared, the commission
or its authorized representative may order a source of air
pollution to put into effect the applicable emission abatement
program.
(2) When an air pollution episode has been declared for a region or
portion thereof, a person in the affected area who is responsi-
ble for a source of any air contaminants for which air quality
standards have been adopted shall immediately notify the air
pollution control division of the department of public health
if there is any malfunction in any air pollution control
device for which he is responsible. The notice shall include
the type of air contaminants being released, the approximate
normal operating conditions, and the approximate time required
to make complete repairs to the control device. The commission
after reviewing the information, may issue a new or an amended
episode emission abatement program which shall be immediately
.instituted by the responsible person.
(3) When an air pollution alert, warning or emergency has been
declared in a region or portion thereof, the commission or
its authorized representative shall notify the persons
responsible for the sources of air contaminants who shall
fmmediately institute episode emission abatement programs
required by rule 78.
(4) When an air pollution alert, warning or emergency is'declared
for any air contaminants for which air quality standards have
been adopted, the commission or its authorized representative
.may;issue the following orders for the affected region or
portion thereof:
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(.a) Open burning by persons of tree waste, vegetation, refuse
:; or debris in any form, shall be prohibited.
(b) The use of incinerators for the disposal of solid or liquid
waste shall be prohibited.
.(c) Persons operating fuel-burning equipment which requires
boiler lancing or soot blowing shall perform such operations
only between the hours of 12:00 noon and 4:00 p.m. unless
an alternate schedule, acceptable to the commission has
been submitted.
(d) The use of motor vehicles shall be discouraged to the maximum
extent possible.
(5) When an air pollution emergency is declared, the commission
may request the governor to issue the following orders:
(a) Requiring manufacturing establishments not included in
'.." rule 71 to institute actions required by the commission
or its authorized personnel as will- result in the maximum
reduction of air contaminants for which air quality standards
have been adopted.
(b) Prohibiting use of motor vehicles except in personal and
public emergencies.
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CITY OF GRAND RAPIDS
AIR POLLUTION CONTROL REGULATIONS
ORDINANCE NO. 72-34
AN ORDINANCE TO AMEND SECTIONS 9.35 AND 9.36 OF ARTICLE 4, CHAPTER 151
TITLE IX OF THE CODE OF THE CITY OF GRAND RAPIDS TO DESCRIBE CERTAIN
DUTIES AS TO INSPECTIONS AND RECORD KEEPING RELATIVE TO AIR POLLUTION.
THE PEOPLE OF THE CITY OF GRAND RAPIDS DO ORDAIN:
Section_1
That Section 9.35 of Article of Chapter 151 Title IX of the Code of the
City of Grand Rapids be amended to read as follows:
(2.0) 9.35 Violations
(51-13) (i) Open Burning - No person shall cause or permit an open fire or
authorize any such open fire to be kindled or maintained
except in accordance with Section 29 of the Code of the City of
Grand Rapids.
(50.1) (2) Emission of Particulate Matter - No person shall cause or allow
. . . the emission of particulate matter from any source in excess
of the emission schedule of The Rules.
(3) No person shall violate any of the requirements of this Article
4 or any of the lawful orders of the Director made in pursuance
thereof.
Section 2
That Section-9.36 of Article 4 of Charter 151 of Title IX of the Code
of the City of Grand Rapids be amended to read as follows:
(2.0) 9.36 Duties and Powers of the Director
(1) The Director shall enforce all provisions of the Article 4 of
Chapter 151 of Title IX of the Code of the City of Grand
Rapids and shall act on any question relative to compliance
or enforcement of any of the requirements provided in this
Article 4 relating to any air contaminant, air pollution,
chimney, combustion equipment, flyash, industrial dust, open
burning, particulate matter, process equipment, refusei burning
salvage operation or smoke incinerator.
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(2) the Director shall have the authority to enter at any reasonable
'hour upon any premises, occupancy, building or structure which
contains any of the uses or conditions specified as in
paragraph (1) hereof and shall inspect the same as to compliance
with the requirements of this Article 4 and shall issue all
necessary notices or orders to remove non-compliance, illegal
or unsafe conditions or operations.
(3) The Director shall make all required inspections or may accept
reports of inspection by authoritative and recognized services
or individuals and all reports of such inspections shall be in
writing and certified by a responsible officer or he may
engage such expert opinion as he may deem necessary to report
of an unusual technical issue that may arise.
(4) He shall keep official records of applications received, permits
and certificates issued, fees collected, repairs of inspections,
notices and orders issued. File copies of all paper in
connection with inspection reports shall be retained in his
pfficial records so long as the buildings, structure or operation
shall remain in existence.
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MICHIGAN
VOLUME IB
APPENDIX
MICHIGAN AIR POLLUTION
IMPLEMENTATION PLAN
JANUARY 1972
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WAYNE COUNTY
AIR POLLUTION CONTROL REGULATIONS
(2.0) ARTICLE I
GENERAL PROVISIONS
Section 1.1
Short Title - This regulation shall be known and cited as the Wayne
County Air Pollution Control Regulation
Section 1.2
This regulation is designed to control air pollution by providing for
the establishment of the office and prescribing the duties of the
director of air pollution control, and empowering investigation and
abatement by the director of violations of this regulation; for the
establishment and enforcement of rules and regulations; for an air
pollution appeals board; for permits for the installation, construction,
addition; to, alteration, and use of process, fuel-burning, refuse-
. burning, and control equipment and for fees for the same; for inspections
and tests for process, fuel-burning, refuse-burning, and control
equipment and for the issuance of certificates of operation and for
fees therefor, establishing limitations upon the emission of air
contaminants, declaring emissions which do not meet such limitations
to be unlawful, prohibiting certain acts causing air pollution,
providing for fines and penalties for violation of the provisions of
this regulation; and for just and adequate means by which the provisions
.of this.'regulation may be executed. '
(1.0) Section 1.3
Definition of Terms - The following words and phrases when used in this
regulation shall for the purpose of this regulation have the meanings
.respectively ascribed to them in this article, unless a different
meaning'is clearly indicated.
Air Contaminant - Any gaseous, liquid, or solid matter, which when
present in the outdoor atmosphere contributes to a condition of air
pollution, including, but not limited to, dust, soot, mist, smoke,
fumes, fly ash, cinders, gases, vapors, aerosols, and odors.
' ' '! '
Air Pollution - The presence in the outdoor atmosphere of one or more
air conjtaminants or combinations thereof in such quantities and of such
duratibn and characteristics which are or may tend to be injurious
to1 human, plant, or animal life, or property, or which interfere with
the comfortable enjoyment of life or property or the conduct of business.
. , i
Board - The Wayne County Board of Health.
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Certificate of Operation - A certificate issued by the director author-
izing the use of any process, fuel-burning, refuse-burning, or control
equipment for the period indicated after it has been found that it can
be operated in compliance with this regulation.
Control Equipment - Any equipment which has the function of controlling
a process, fuel-burning, or refuse-burning equipment and thus reduce
the creation of, or the emission of air contaminants to the atmosphere,
or both.
County - County, of Wayne, Michigan.
Department - The Wayne County Department of Health.
Pi rector - The Director of the Wayne County Department of Health or his
duly authorized representatives.
Fuel-burning Equipment - Equipment, device, or contrivance and all
appurtenances thereto, including ducts, breechings, control equipment,
fuel-feeding equipment, ash-removal equipment, combustion controls,
stacks, chimneys, etc., used principally but not exclusively, to burn
any fuel for the purpose of indirect heating in which the material being
heated is not. contacted by and adds no substance to the products of
combustion. Such equipment typically includes that used for heating
water to boiling; radiant steam, or super-heating steam; heating air
as in a warm air furnace; furnishing process heat that is conducted
through process vessel walls; and furnishing process heat indirectly
through its transfer by fluids.
Installation Permit - A permit issued by the director authorizing the
construction, installation or alteration of any process, fuel-burning,
refus'e-burning, or control equipment in accordance with plans and
specifications approved by the director.
Open burning'- Any combustion process from which the products of combus-
tion are emitted directly into the outdoor atmosphere without passing
through a stack.
Particulate Matter - Material other than uncombined water which is or
has been suspended in air or other gases and is a liquid or solid at
standard conditions of temperature and pressure.
Persoj^ - Any individual natural person, trustee, court appointed
representative, syndicate, association, partnership, 'firm, club,
company, corporation, business trust, institution, agency, government
corporation, municipal corporation, city, county, municipality, district
or other political subdivision, department, bureau, agency or instru-
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mentality of Federal, state, or local government, or other entity
recognized by law as the subject of rights and duties. The masculine,
feminine, singlular, or plural is included in any circumstances.
process Equipment - Any equipment, device or contrivance for changing
any. materials whatever or for storage or handling of any materials,
and all appurtenances thereto, including ducts, stacks, etc., the use
of which may cause any discharge of an air contaminant into the outdoor
atmosphere but not including that equipment specifically defined as
fuel-burning equipment or refuse-burning equipment in this regulation.
Refuse-burning Equipment - Any equipment, device, or contrivance used
for the destruction of garbage, rubbish, and/or other wastes by burning,
and all appurtenances thereto.
Salvage Operations - Any operation conducted in whole or in part for the
Salvaging or reclaiming of any product or material.
Seal for. Seal ing Equipment or Premises - A device installed by the
director so as to prevent use of the process, fuel -burning, refuse-
burning,' or .control equipment or premises causing the violation or
from wh.ich violations of this regulation originate.
Smoke - .Small gas and air-borne particles consisting essentially of
carbonaceous material in sufficient number to be observable.
Standard .Conditions - A gas temperature of 60 degrees Fahrenheit and
a gas pressure of 14.7 pounds per square inch absolute.
Stack - Stack, chimney, flue, conduit, or opening arranged for the
emission of solids, liquids, gases or aerosols into the outdoor atmosphere.
Division - Wayne County Department of Health, Air Pollution Control
Division.
Hydrogen. Sul fide - ^S): A colorless gas at standard conditions which
has the molecular formula
' Opacity. V A state which renders material partially or wholly impervious
to rays 'of -light and causes obstruction of an observer's view.
Process Weight - "Process Weight" means the total weight of all materials
Tn.troduced into a source operation, including solid fuels, but excluding
liquids and gases used solely as fuels, and excluding air introduced
fo'r pu.rpos.es of combustion.
Process Weight Rate - "Process Weight Rate" means a rate established as
f o.l 1 ows :
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I
(a) For continuous or long-run steady-state source operations, the
total, process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the
number of hours of such period or portion thereof.
(b) For cyclical or batch source operations, the total process
weight for a period that covers a complete operation or an
integral number of cycles, divided by the hours of actual
process operation during such a period.
(c) When the nature of any process or operation or the design of
any equipment is such as to permit more than one (1) inter-
pretation of this definition the interpretation that results
in the minimum value for allowable emission applies.
Public Health Director - Director or acting director of the department.
Ringelmann Chart - The chart published and described in the bureau of
mines,. U. S. Department of Interior, information circular 8333, which
illustrates graduated shades of gray to black by which the density of
smoke may be' scaled, or any chart, recorder, indicator or device for
the measurement of gray to black smoke density which is approved by the
board as the equivalent of the Ringelmann scale.
Source Operation - "Source Operation" means the last operation preceding
the emission ,of an air contaminant, which operation (a) results in the
separation of the air contaminant from the process material or in the
conversion of the process materials into air contaminants, as in the
case of combustion fuel; and (b) is not an air pollution abatement
operation: .
Sulfur Dioxide (S02): A colorless gas at standard conditions which has
the molecular formula S02.
Sulfur Tridxide ($03): A compound which has the molecular formula 503.
Sulfuric Acid (H? SO^): A compound which has the molecular formula.H2S04.
(2.0) ' .'. ; ARTICLE II
."=' ADMINISTRATIVE ORGANIZATION
Section 2.1 . .
Enforcement Agency - The Wayne County Department of Health is charged
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vHth the duty of investigating, preventing, and abating causes of air
pollution and enforcing the provisions of this regulation. The
responsibility for the enforcement of this regulation shall rest with
the Director of the Wayne County Department of Health and through his
duly authorized agents.
Section 2.2
Powers and Duties of the Director - The director shall have the power
and the duty to:
(a) Supervise the implementation of this regulation.
(b) Institute complaints against all persons violating any provision
of this regulation and institute necessary legal proceedings
to prosecute violations of this regulation and compel the
prevention and abatement of air pollution or nuisances arising
therefrom.
(c) .Examine and approve or disapprove the plans for fuel and
refuse-burning equipment, process equipment, and control
, equipment to be installed, constructed, reconstructed, added
to, or altered, to assure that they are in accordance with the
requirements of this regulation.
(d) Make inspections and tests of existing and newly installed,
constructed, reconstructed, or altered fuel or refuse-burning
. equipment, process equipment, and control equipment to determine
- if there is compliance with the provisions of this regulation.
(e) -Investigate complaints of violations of this regulation and make
inspections and observations of air pollution conditions.
.'Record such investigations, cpmplaints, inspections,'and
observations.
(f)^Approve or reject applications for permits and administer the
'issuance of certificates of operation, notices or other matters
required under the provisions of this regulation.
(g)'.Prepare and place before the Board of Health for its consider-
ation proposals for additions or revisions to this regulation,
!,'or any other regulation pertaining to air pollution abatement.
(h) Encourage voluntary cooperation by persons or affected groups
. in air pollution control.
(i) Collect and disseminate information-on'air pollution control.
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(j) .Work tyith planning and zoning agencies for the purpose of
coordinating activities under provisions of this regulation
and foster the best possible management of the air resources
Of the County.
(k) Cooperate and work with Federal, interstate, state, county,
district, municipal, and other agencies concerned with air
pollution with regard to aerometric studies, abatement programs,
public complaints and other matter to the end that the air
resources of Wayne County shall be best conserved and improved.
(1) Subject to the laws of the State of Michigan and Wayne County,
and with the approval of the Wayne County Board of Supervisors,
accept, receive, and give receipts for monies, for and 1n
behalf of the County, given by the Federal or State governments
under any Federal or state law to the County for air pollution
control activities, surveys, investigations, research, or
programs.
(m) Conduct investigations, studies, and other required work which
will-lead ultimately to the development of gaseous emission
standards on such pollution generating activities as motor
vehicles, heat and power generation, incineration, chemical
processes, and any other gaseous pollution sources.
(n) Do .any and all acts which may be necessary for the successful
prosecution of the purposes of this regulation and such other
act^s as may be specifically enumerated herein as his duties.
Section 2.2A''
Emergency Powers Of The Public Health Director - Notwithstanding any
other provisions of this regulation, the public health director, .upon
receipt of evidence that a pollution source or combination of sources
(including moving sources) is presenting an imminent and substantial
endangerment to the health of persons, may order complete shutdown,
curtailment, .or modification of any operation or activity causing
or contributing to the alleged pollution and may bring suit on behalf of
the department in the Wayne County circuit court to immediately restrain
any person who fails to follow his orders.
Section 2.3 :'
Appeals Board -
(a) Rower and Duties - An Appeals Board shall be selected by the
Board of Health. The Appeals Board shall hear and decide
appeals taken from any decision, ruling, or order of the director
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^ jn Accordance with the procedures prescribed in Article IX
' '," '"Variances and in Article X Appeals.
.,:,*..,
(b) Organization - The Appeals Board shall consist of nine (9)
members. One (1) member shall be a representative from the
medical profession actively engaged in the practice of medicine,
preferable with a background in public health. Two (2) members
shall be representatives from the engineering profession and
shall be experienced in the control of air pollution. One (1)
of the engineering members shall be a representative from
industries or businesses directly affected and subject to the
provisions of this regulation. One (1) member shall be a ;
representative from the legal profession actively engaged
in the private practice of law. Two (2) members shall be
representatives of business or industry, ojne (1) of which
shall be from the industries or businesses directly affected
and subject to the provisions of this reguation. Two (2)
members shall be citizens representative of the interests and
.point of view of the general public, one of whom shall be a
woman prominent in community affairs. One (1) member shall
'be a representative from organized labor. The final composition
of the Board shall include no more than two (2) members from
the industries or businesses directly affected and subject to
.the provisions of this regulation, and no more than two (2)
.members from governmental agencies.
In order that the terms of office of all members of the Board shall not
expire at the same time, the intitial appointments to the Board shall
be as follows:
Three (3) members shall be appointed for a term of one (1) year. Two (2)
members shall be appointed for a term of two (2) years, two (2) members
shall be appointed for a term of three (3) years, and two (2). members
shall be appointed for a term of four (4) years. Thereafter, all ;
appointments shall be made for a term of four (4) years. Appointment's
to fill any vacancy on the Appeals Board shall be for the remainder
of the unexpired term of office.
The Board of Health shall have the power to remove any member of the
Appeals Board from office with cause upon a 3/5 vote of the Board of
Health. Any member who fails to attend three (3) successive scheduled
meetings, without cause shall immediately forfeit his office and the
Board or Health shall promptly fill such vacancy.
The members of the Appeals Board shall elect a chairman and such other
.officers as they deem necessary or desirable, all of whom shall have
voting privileges. Six (6) members of the Appeals Board shall
constitute a quorum necessary to hold meetings and take any action.
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Any final order or determination or other final action by the Appeals
Board shall be approved by not less than five (5) members of the Appeals
Board who shall have been present at the meeting at which such order was
adopted.
Members shall serve without compensation, but shall be reimbursed for
necessary expenses incurred in the performance of their official
dutjes, upon the approval of the Board of Health within budget limitations.
The Chairman.may call meetings of the Appeals Board when there is
business before the Board and meetings may be called by written notice
signed by five (5) members of the Appeals Board. Written minutes shall
be kept of all meetings of the Appeals Board, and shall be public. All
meetings shall be public.
ARTICLE III
(2.0) - STANDARDS AND RECOMMENDED PRACTICES
Section 3.1
Adopted Standards or Recommended Practices -Hhere reference is made in
this regulation to the standards or recommended practices of national
technical societies, associations, or other organizations, such
information shall form and be considered an integral part of the regulation
in the same manner and extent as if fully reproduced herein, provided
such standards .are fully identified. Not less than two copies of such
standards or recommended practices of technical societies, associations,
or other organizations shall be kept on file at all times in the office
of the director and shall be available for consultation by the public.
= . ARTICLE IV
(3.0) . : INSTALLATION PERMIT AND CERTIFICATE
. OF OPERATION
Section 4.1
Application Required - Except as herein provided, no person shall
construct, install, reconstruct, or alter any process, fuel-burning,
refuse-burning, or control equipment pertaining thereto, which may be
a source of air contaminant, for use within the County until an appli-
cation, including not less than two sets of plans of specifications,
or both, of .the process, fuel-burning, refuse-burning, or control
equipment and structures or buildings used in connection therewith,
has been filed by the person or his agent in the office of, and has
been approved by, the director and until an installation permit has
been.issued.by the director for such construction, installation, or
alteration. -Upon written request and submission of adequate supplementary
data, the director may amend the original installation permit application.
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Section 4.2
Information Required - The director may require the submission of such
information, evidence, or documentation to satisfy him that the
equipment for which an installation permit application has been applied,
can be operated within the emission standards and prohibitions of
Article VI. Any information relating to secret processes, methods of
manufacture, products, or production ascertained or discovered by the
Director or' the Appeals Board during the conduct of their work shall
not be disclosed in whole or in part and shall be held confidential.
Section 4.3 '
Work Begun - Where work is begun in violation of installation permit
requirements, the director may grant such permit, conditional upon
removal of all work which is not in accordance with this regulation
or any ri|les and regulations promulgated under this regulation.
Section 4,.4 , .
Action on Permits - An application shall be approved or rejected within
thirty (30) days after it is filed in the office of the director. The
director shall notify the person applying for the permit of the
approval- or rejection of the application in writing. Upon the approval
of the application and upon the payment of the prescribed fees, the
director shall issue a permit for the construction, installation or
al.teratipn of such process, fueUburning, refuse-burning, or control
equipment. The director may issue conditional permits.
Section 4.5
Permit Violations - Violation of the installation permit shall be
sufficient cause for the director to stop all work, and he is hereby
authorized to seal the installation. No further work shall be done
until the director is assured that the condition in question will be
corrected and that the work will proceed in accordance with the
installation permit.
Section 4.6
Time Limit on Permits - The director may cancel a permit if the install-
ation or alteration is not begun within one year from the date of
issuanc^ of the permit or if the work involved in the installation or
alteration;-is suspended for one year or more from the date of issuance
of the permit.
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Section 4.7
Exemptions jrom the Permit System - The provisions of this permit
system shall not apply to:
(a) Maintenance structural changes or minor repair which does
not change the capacity of such process, fuel-burning, refuse-
burning, or control equipment and which does not involve
any change in the quality, anture, or quantity of emission
of air contaminants therefrom.
(b) Equipment utilized for all modes of transportation.
(c) Fuel burning and cooking equipment utilized in connection
with any structures designed and used exclusively for not
more than two families.
(d) Internal combustion engines.
(e) Laboratory equipment used exclusively for chemical or
physical analysis or experimentation.
(f) Equipment for inspection of metal products.
(g) :Portable brazing, soldering, or welding equipment.
(h) All gas fuel and No. 1 and No. 2 fuel-oil-burning equipment
used.for space heating, service water heating, and electric
power generation.
(i) The*foil owing equipment:
1. Comfort air conditioning or comfort ventilating systems
which are not designed to remove air contaminants generated
by or released from specific units of equipment.
2. Cold storage refrigeration equipment.
3i Vacuum pumps in laboratory or pilot plant operations.
4. Water cooling towers and water cooling ponds not used
for evaporative cooling of process water or not used for
evaporative cooling of water from barometric jets or
from barometric condensers.
5. Equipment used for partable steam cleaning.
6.:Grain, metal, or mineral extrusion presses.
7.- Porcelain enameling furnaces or procelain enameling
drying ovens.
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8. Unheated solvent dispersion containers or unheated
' "" solvent rinsing containers of 60 gallons capacity or less.
;9. Equipment used for hydraulic or hydrostatic testing.
10. Blacksmith forges.
(j) The following equipment or any exhaust system or collector
serving exclusively such equipment:
1. Blast cleaning equipment using a suspension of abrasive
: in water.
2. Bakery ovens where the products are edible and intended for
human consumption.
3. Kilns for firing ceramic ware, heated exclusively by natural
gas or liquefied petroleum gas, any combinations thereof or
heated electrically.
4. Confection cookers where the products are edible and intended
for human consumption.
5. Drop hammers or hydraulic presses for forging or metal
; working.
6. Die casting machines.
7. Atmosphere generators used in connection with metal heat
treating processes.
8. Photographic process equipment by which an image is
reproduced upon material sensitized to radiant energy.
9. Equipment used exclusively for the sintering of glass or
metals, but not excepting equipment used for sintering
metal bearing ores, metal scale, clay, fly ash, or metal
compounds.
10. Equipment for carving, cutting, routing, turning, drilling,
machining, sawing, surface grinding, sanding, buffing
or polishing of ceramic artwork, leather, metals, plastics
or rubber.
'11. Equipment for drilling, carving, cutting, routing, turning,
sawing, planing, spindle sanding or disc sanding of wood
or wood products.
12. Equipment for surface preparation of metals by use of
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aqueous solutions, except for acid solutions.
13. Equipment used for washing or drying products fabricated
from metal or glass, provided that no volatile organic
materials are used in the process and that no oil or
solid fuel is burned.
14. Laundry dryers, extractors or tumblers for fabrics
cleaned with only water solutions or bleach or detergents.
15. Containers, reservoirs, or tanks used exclusively for
electrolytic plating with, or electrolytic polishing of,
or electrolytic stripping of the following metals: Brass,
Bronze, Cadmium, Copper, Iron, Lead, Nickel, Tin, Zinc,
Precious Metals.
(k) Natural draft hoods or natural draft ventilators.
(1) Containers, reservoirs or tanks used exclusively for:
1. Dipping operations for coating objects with oils, waxes,
or greases.
2. Dipping operations for applying coating of natural or
synthetic resins which contain no organic solvents.
3.'Storage of butane, propane or liquefied petroleum gas.
4. Storage of lubricating oils. .
(m) Natural gas-fired or liquefied petroleum gas-fired or
electrically-heated furnaces for heat treating glass or metals,
the use of which does not involve molten materials.
(n) Crucible furnaces, pot furnaces or induction furnaces, with
a capacity of 1,000 pounds or less each, in which no sweating
or distilling is conducted, nor any fluxing conducted
utilizing free chlorine, chloride and fluoride derivatives
and ammonium compounds, and from which only the following metals
are poured or in which only the following metals are held
in a molten state:
1. Aluminum or any alloy containing over 50 percent aluminum.
2. Magnesium or any alloy containing over 50 percent magnesium.
3. Lead or any alloy containing over 50 percent lead.
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4. Tin or any alloy containing over 50 percent tin.
5. Zinc or any alloy containing over 50 percent zinc.
6. Copper.
(o) Vacuum cleaning systems used exclusively for industrial,
commercial or residential housekeeping purposes.
Section 4.8
Operation of Processes and Equipment - No person shall operate or
cause to be operated any new or altered process, fuel-burning, refuse-
burning, or control equipment or any equipment pertaining thereto
for which an installation permit was required or was issued until an
inspection has been made by the director. The person responsible
for the Installation construction, or alteration of any process,
fuel-burning, refuse-burning, or control equipment for which an
installation permit is required, shall notify the director when the
work is completed and ready for final inspection, which inspection
shall be made promptly after such notification.
No equipment shall be operated for any other purpose or. in any other
manner than that for which the installation permit was approved and
for which a certificate of operation has been issued unless otherwise
authorized, in writing by the department. Such equipment shall also
be maintained in a state of good repair.
.Section 4.9
Certificate of Operation - After the installation permit has been
issued and it is demonstrated to the satisfaction of the director
.that tha process, fuel-burning, refuse-burning, or control equipment
can be .operated in compliance with this regulation, an initial
.certificate of operation shall be issued by the director. Emission
tests may-be required by the director before the issuing of an initial
certificate of operation as set forth in Section 8.1, if he has
reason to believe that the"emissions may exceed the standards established
by thjs regulation. Said certificate of operation shall be kept
posted on or near the installation for which it was issued. The
certificate of operation shall properly identify the equipment to which
it pertains and shall specify the class of fuel, type of refuse,
.type'of raw materials used, if any, for which the equipment and
appurtenances have been designed or which have been successfully used
in the.operating test. The initial certificate of operation shall
remain in force until terminated by any one or more of the following
actions:
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(a) Implementation and instituion of Section 4.10.
(b) Execution of Section 11.1.
. . . ' i '
Failure.to operate successfully under test within the limitations and
requirements of this regulation shall constitute sufficient grounds
for ordering changes in the process, fuel-burning, refuse-burning,
or control equipment or appurtenances before an initial certificate
of operation is issued. After ten (10) days written notice, the
director is hereby authorized to seal any equipment for which a certi-
ficate of operation is required and has not been issued, except an
immediate sealing of equipment is authorized if there is a health
or safety hazard.
Section 4.10
The director may require the periodic renewal of certificates of
operation on those installations for which an installation permit was
obtained,, and may require the issuance or renewal of certificates
of operation on similar equipment existing prior to the adoption of this
regulation and collect appropriate fees thereof for such certificates.
Such;certificates of operation shall not be required more often than
once per year, and may be terminated for the same reasons and in the
same manner as listed in Section 4.9.
Section 4.11
Prosecution of Regulation Violations - The issuance by the director
of any installation permit or certificate of operation shall not be
held to exempt the person to whom the permit or certificates was issued
or who.is in possession of the same, from prosecution for the emission
of air contaminants prohibited by this regulation.
Section 4.12
This artic]e- shall be come effective six months after the adoption of
this regulation.
(2.0) .... :. ARTICLE V.
SCHEDULE OF FEES
Section 5.1
Fees for inspections, tests, examinations and the issuance of all
licenses, installation permits and certificates of operation required
by this regulation and for hearings before the Appeals Board shall be
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paid to the 'department, who shall be paid to the department, who shall
give receipt therefor. The amount of such fees shall be established by
the Board and shall be based upon a reasonable approximation of the cost
of the .supervision, inspections and the conducting of tests or examina-
tions required by this regulation and necessary for the enforcement
thereof, but in no case shall the installation permit fee or the hearing
fee be more than one hundred dollars ($100), nor the fee for the
certificate of operation, or licenses be more than seventy-five dollars
($75).
(50.0) ARTICLE VI
EMISSION LIMITATIONS AND PROHIBITIONS
STANDARDS OF MEASUREMENT
(50.1.2) Section 6.1
Emission of Visible Air Contaminants - No person shall cause or permit
a-discharge into the atmosphere from any single source of emission
whatsoever any visible air contaminant which is of a shade equal to
or darker than number 1.5 on the Ringelmann Chart or of a density equal
to or greater than 30% opacity.
(50.1.2).Section 6.1A
Grading .Visible Emissions - Observations shall be made by observers
trained .to evaluate visible emissions based upon the Ringelmann Chart
and/or opacity measurements.
(2.0) Section 6.IB
Exceptions -
(1) Emissions equal to 1.5 Ringelmann or 30% opacity for three
minutes in any 30 minute period.
(2)- Where the presence of uncombined water is.the only reason
for failure of an emission to meet the requirements.
'(3,) Any open fire ignited for the purpose of training firemen
or for research in fire prevention, provided the division
has issued a permit therefor.
(50.1) :Section 6.2
'Emission of Particulate Matter from any Source - It shall be unlawful
for anyiperson to cause, suffer, or allow the emission of particulate
matter from any source whatsoever in excess of the emission schedule
listed below:
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PARTICULATE MATTER EMISSION SCHEDULE
Source of Emission
Fuel Burning
Pulverized Fuel
Fired
All Other Modes of
Fuel Firing
Ferrous Cupolas
Production
Jobbing
Capacity Rating
1000? of steam/hr.
0 to 300
300 and over
0 to 100
100 to 300
300 to 800
800 and over
Maximum Allowable Emission
pounds of particulate per
thousand pounds of exhaust
gas (a), (g)
Design (b) Operating (b)
0.40 to 0.20(c) 0.50 to 0.30(c)
0.20 0.30
0.65
0.65 to 0.45(c)
0.45 to 0.30(c)
0.30
0.10
Steel Manufacturing
Open Hearth furnaces
Basic Oxygen Furnaces
Electric Furnaces (d)
Sintering -Plants
Blast Furnaces
Blast Furnaces (excess gas bled to atmosphere)
Heating and .'Reheating Furnaces
i i
Incinerators1 (e)
Use Rating #/hr.
Residential Apartments 0 to 200
Residential Apartments 200 and over
0.25
0.40
0.10
0.10
0.10
0.15
lere)
0.20
0.20
0.20
0.20
0.20
0.50
0.30
0.65
0.30
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Commercial & Industrial
Commercial & Industrial
Municipal
Lime, Kilns, Stack Gases
Rotary Kilns
0 to 400
400 and over
0.65
0.30
0.30
0.20(and 0.30(and/or
or 99% by 98.5% by
weight weight
collector collector
efficiency efficiency
whichever whichever is
is more more restrictive
restrictive (h)
(h)
Other Kilns
' I
Asphaltic Concrete Batching Plants
Sources Not Specifically Named (f)
0.20 (h)
Combustion Processes
Non-combustion Processes
Ibs. particulate per
1000 Ibs. of exhaust
gas @ 150% total air
Ibs. particulate per
1000 Ibs. of exhaust gas
0.30 (h)
0.20
0.65
0.65
(a) Fuel-burning and incinerator emission limitations shall be
corrected to 150 per cent total air.
(b) The operating limitation allows for gradual deterioration of
equipment performance during extended periods of continuous
operation where it is impractical to maintain design conditions
for these extended periods.
t
(c) 'Emission limitations for specific ratings are determined by
linear interpolation between the ranges shown.
emission limitations do not apply to domestic incinerators
(defined as having not over five cubic feet of storage capacity),
(e) When wet collectors or scrubbers are utilized, that portion
of water vapor in the exhaust gases which was added for
.collector or scrubber requirements shall be deleted from the
total exhaust gases in calculating the particulate emission
rate.
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(f)'.This emission rate shall be measured at actual stack exhaust.
' .- gas conditions with no correction for excess air or moisture
content, but in no case shall avoid intentions of Section 6.7.
'ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE a
PROCESS
LB/HR
100
200
400
600
800 '
1,000
1,500
2,000 :
2,500
3,000
3,500
4,000
5iOOO
6,000
7,000
8,000
9,000 1
10,000
12,000 /
i
WEIGHT RATE
TONS/HR
0.05
' 0.10
0.20
0.'30
0.40
,.0.50
0.75
.-.-/ i.oo
1.25
1.50
1.75
"2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
RATE OF
EMISSION
LB/HR
0.55
0.88
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.95
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
PROCESS WEIGHT RATE
LB/HR
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
TONS/HR
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
RATE OF
EMISSION
LB/HR
16.5
17.9
19.2
25.2
30.5
35.4.
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0 !
51.2
69.0
77.6
92.7
alnterpolation of the data in this table for process weight rates
up to 60,0004b/hr shall be accomplished by use of the equation
E = 4.10 pO;67 and interpolation and extrapolation of the data for
process weight rates in excess of 60.000 Ib/hr shall be accomplished
by use of the equation E = 55.0 pO-'' - 40, where E = rate of emission
in Ib/hr and, P = process weight in tons/hr.
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.Section fr.'ZA
Design and'Operating Emission Limitations - This section clarifies
the intent of Section 6.2 for those cases where both design and
operating emission limitations are stipulated for a given operation.
The design emission standard shall be met when the system is field
operated as close to design conditions as is reasonably feasible. In
addition, before a permit is issued for the installation of a collector,
sufficient data will be required to be submitted to the Department
in the form of tests, drawings, calculations, etc., to prove that when
the collector is operated at design conditions the particulate loading
will not'exceed the design emission limitation.
The operating emission limitation is less stringent than the design
emission'limitation and recognizes that field operating conditions
do not always meet design conditions and that this could cause a
temporary degradation in over-all equipment performance. The more
lenient operating emission standard shall not be used as a basis for
reducing''design collector efficiency to effectuate savings in operating
cost. -
Section 6.2B
Differentiation Between Jobbing and Production Foundries - Cupolas
used in a jobbing foundry are the same as those used in a production
foundry and will vary in size only according to the quantity of iron
melted per hour.
However, the cupolas in a jobbing foundry will be run intermittently
for jus^.long enough at one time to pour the molds that are ready
on the foundry floor, job by job. This might be for a two to four
hour pep'od per day for any number of days per week.
Whereas, the production foundry cupolas will melt continuously to pour
a succession of molds that are constantly being prepared to receive
this continuous flow of iron. This could become eight hours, sixteen'
hours, or twenty-four hours per day for any number of days per week.
Section 6.2 C -
Collector Requirements for Production Cupolas - The intent of the
.design emission limitation of 0.1£/1000# of gas applying to production
ferrous:foundry cupolas is to require the installation of high efficiency
.collectors capable of collecting the fine metallic fume typical of
emissions from this source. Presently available equipment suitable
foj" this application is a well-designed baghouse or a high pressure
drop Venturi scrubber of equivalent efficiency. Other types of
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collectors wilV'be considered on their individual merit and upon
submission of adequate proof that they are capable of achieving equal
efficiencies.
The operating limit of 0.25#/1000# of gas is intended to provide only
for short time unavoidable variations from design conditions and for
gradual deterioration of equipment during normal continuous operation.
Deliberate or intentional operation of equipment at less than its
intended design efficiency is considered to be a violation of this
Regulation.
Section 6.2D
Collector Requirements for Jobbing Shop Cupolas - This Section is for
the purpose of clarifying the intent of the emission limitation of
0.4#/1000# of gas applying to jobbing shop cupolas. High efficiency
cyclone type collectors or other types of collectors not less efficient
are considered acceptable and capable of meeting this requirement.
Should the operation of this equipment, when properly applied, operated
and maintained and served by an adequate stack, meet all Regulation
requirements except the applicable emission limitation, this limitation
is to be re-evaluated.
Section 6.2E
Collector Requirement for Single Retort Stoker-Fired Boilers - New
forced draft solid fuel fired boilers of less than 400 H.P. nominal
rating and existing boilers in this category when stack or breeching
is replaced shall be provided with a low draft loss collector or drop
out box approved by the director.
Explanation - While the proposed emission limitations of Section 6.2
would quite possibly make this requirement necessary it is felt that
the above statement would simplify permit issuance and reduce the
large amount of stack sampling that could be involved if emission
limitations were the only requirement. It is intended to apply primarily
to new single retort underfeed stoker fired plants and existing
installations where practical.
Section 6.2F
1
Lime Kiln Stack Gases - The intent of design emission standard applying
to lime kiln stack gases is to require the installation of high
efficiency collectors capable of collecting the fine particulate
typical of emissions from this source. Presently available equipment
for this application is a well designed baghouse, electrostatic
precipitator, or a wet scrubber of equivalent efficiency. The operating
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Sp^fcified are intended to provide only for short time unavoidable
va'Harices 'from design conditions and for gradual deterioration of
equipment'during normal continuous operation. Deliberate or intentional
operation.of equipment at less than its intended design efficiency is
considered to be a violation of this regulation.
Section 6.2 G
Stack Emission Test Method - Stack emission tests for particulate matter
shall be undertaken as near as practicable to the "A.S.M.E Test Code
for Dust Separating Apparatus, PTC 21-1941", the "A.S.M.E. Test Code
for Determining Dust Concentrations in Gas Streams, PTC 27-1957",
and the "Los Angeles County Source Testing Manual". These methods
shall be used as a general guide, but may be modified or adjusted
by the director to suit specific sampling conditions or needs based
upon good practice, judgment and experience.
(50.2) Section 6.3
Emission of Sulfur Compounds -
(51.6) Section 6.3A
Fuels and Emissions Relating To Power Generation, Steam Generation,
Space Heating, and Service Water Heating
(1) No.person shall cause or permit to be burned fuel whose sulfur
.content exceeds the sulfur in fuel limitation schedule.
. . (2) No person shall import, sell, purchase, exchange, deliver,
; store, transport, or offer for sale or exchange, fuel for
... . . burning in the county whose sulfur content exceeds the [
sulfur in fuel limitation schedule.
(.3) Any person who supplies fuels containing more than 0.5%
sulfur by weight directly to a user for burning in the county
shall keep records of the percent sulfur by weight contained
in such fuel by date delivered, quantity, and to whom sold. '
Such records shall be available for review by the division.
(4)'Sulfur in fuel limitation schedule:
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FUEL US'E ,
BY '
Electric
Power
Plant &
Central
Steam
Genera-
tion
Including
Gov't.
Plants
Resi-
dential
& Cdmm'l
Space &
Water Htq.
All
Other uses
Not
Specified
Above
FUEL TYPE
Pulverized
Coal
Other Coal
Distillate Oil
1 & 2
Crude & Heavy
Oil #4, 5, 6
Coal
Distillate Oil
&T& 2
Crude & Heavy
Oil #4, 5, 6
Coal
Distillate Oil
#1 & 2
Crude & Heavy
Oil #4, 5, 6
SULFUR IN FUEL, % BY WEIGHT
EFFECTIVE DATE
Vl/72
2.50
1.00
0.30
1.25
0.75.
0.30
1.25
1.00
0.30
1.25
8/1/73
2.00
0.75
0.30
1.00
0.50
0.30
1.00
0.76
0.30
1.00
8/1/74
1.50
0.50
0.30
0.70
0.50
0.30
0.70
0,50
0.30
0.70
8/1/75
1.25
0.50
0.30
0.70
0.30
0.30
0.70
0.50
0.30
0.70
8/1/76
1.00
0.50
0.30
0.70
0.30
0.30
0.70
0.50
0.30
0.70
(5) No person shall cause or permit a discharge into the atmosphere
, from'any single fuel burning source of emission whatsoever
sulfur dioxide in excess of the sulfur dioxide concentration
in exhaust gas schedule.
(6) Sulfur dioxide concentration in exhaust gas schedule:
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-
FUEL, USE
' BY
Electric
Power
Plant &
Central
Steam
Genera-
tion
Including
Gov't.
Plants
Resi-
dential
& Comm'l ..
Space &
Water Htg.
All ' '
Other
Uses-.
Not :
Speci-
fied
Above i
... FUEL TYPE
Pulverized
Coal
Other Coal
Distillate
Oil #1 & 2
Crude & Heavy
Oil #4, 5, 6
Coal
Distillate Oil
#1 & 2
Crude & Heavy
Oil #4, 5, 6
Coal
Distillate Oil
#1 & 2
Crude & Heavy
Oil #4, 5, 6
SULFUR DIOXIDE IN EXHAUST GAS,
PARTS PER MILLION BY VOLUME CORRECTED TO 50%
EXCESS AIR
8/1/72
1400
550
120
500
420
120
500
550
120
500
EFFECTIVE DATE
8/1/73
1100
420
120
400
I
280
120
400
420
120
400
8/1/74
825
280
120
280
280
120
280
280
120
280
8/1/75
700
280
120
. 280
120
120
280
280
120
280
8/1/76
550
280
120
280
120
120
280
280
120 -
280 .
(7)
(a) No person shall cause or permit the burning of fuel in any
. fuel burning equipment having a higher average sulfur
content than the fuel burned during the previous twelve (12)
calendar months based on a comparable BTU content. For
the purpose of determining compliance, the average sulfur
content of all fuel and fuels used during each of the
calendar months prior to August 1, 1971, shall be determined
by averaging the sulfur content of all fuel used during each
-55-
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(2.0)
calendar month on the basis of pounds of sulfur per
million BTU's heating value of the fuel or fuels, which
shall not be exceeded in any calendar month from and after
August 1, 1971, when compared with the same calendar
month of the previous year, and determined upon the same
averaging basis.
(b) The use of fuels having sulfur contents as set forth in
the sulfur in fuel limitation schedule shall not allow
degradation in the mass rate of particulate emission. The
division may require source emission tests which may be
performed by the division or under its supervision at the
expense of the owners of such equipment and may require
£he submission of reports to the division both before and
after changes are made in the sulfur content in fuel.
(8) No person who installs new fuel burning equipment after
August 1, 1972 shall cause or permit the emission into the
atmosphere sulfur dioxide exceeding the sulfur dioxide in
exhaust gas schedule stipulated for August 1, 1976.
(9) If the measured sulfur dioxide air quality in the county meets
the necessary Federal Ambient Air Quality Standard before
implementation of any effective date in Section 6.3A (4) and
6.3A (6), the board may suspend implementation of any portion
of said schedules in whole or in part upon reasonable evidence
that failure to implement such supplementary provisions will
not compromise achievement and/or maintenance of the secondary
Federal Ambient Air Quality Standard.
Section 6.3B'
Exceptions -
(1) The provisions of Section 6.3A (1) and 6.3A (7) (a) shall not
apply to any person who has received an installation permit
or certificate of operation from the division on a control
device to desulfurize stack gases.
(2) The provisions of Section 6.3A (1) shall not apply to any
person who uses a combination of fuels in such ratios as to
mret the sulfur dioxide in exhaust gas schedule and such
person shall procure written approval from the division for
this exception.
The allowable emission will be based on the value in the schedule
for the fuel having the higher allowable limit.
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(3) The provisions of Section 6.3A (2) shall not apply to any
person who imports, sells, purchases, delivers, stores, transports,
{or Offers for sale or exchange fuel for burning in the county
whose sulfur content exceeds the sulfur in fuel limitation
schedule to another person who meets the requirements of
Section 6.3B (1), 6.3B (2), or who has received a variance from
the division.
(51.18) Section 6.3C
Sulfuric Acid Plants -
.(1) No person shall cause or permit sulfur dioxide tail gas emissions
Into the atmosphere from sulfuric acid manufacturing plants to
exceed 6.5 pounds per ton of acid produced.
(2) No person shall cause or permit sulfuric acid, including sulfur
trioxide, emissions into the atmosphere to exceed 0.70 pounds
.per ton of acid produced.
(9.0) Section 6.3H
Methods of Measurement - Methods for sampling emissions covered in this
article shall be as noted below. These methods shall be used as a
general guide, but may be modified or adjusted by the director to
suit specific sampling conditions or needs based upon good practice,
judgment, and experience.
(1) Sulfur in fuel analysis:
(a) Coal: Sampling and analysis of coal ASTM D271
(b) Oil: Standard method of test for sulfur in petroleum
oils ASTM D 1551.
(2) Sulfur dioxide in stack gas analysis:
Public Health Service Publication 999-AP-13(1965) Appendix B,
p. 85-7.
(3) Sulfur frioxide in stack gas analysis:
Sulfuric acid in stack gas analysis:
Public Health Service Publication 999-AP-l3(1965) Appendix B,
. p. 85-7.
(4) Hydrogen sulfide analysis:
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Methylene Blue Method, Stern A. C.f Ed. "Air Pollution",
VoK-lli Second Ed., 1968, p. 78-80. As researched by:
(a) M.S. Budd and H. A. Bewick, Anal. Chem. 24, 1536 (1952).
(b) M.B. Jacobs, M.M. Braverman and S. Hochheiser, Anal.
Chem.,_29, 1349 (1957)
(51.13) Section 6.4
Open Burning -
(a) Open Burning Prohibited - No person shall ignite, cause
or permit to be ignited, allow or maintain any open fire.
(b) Exceptions -
(1) Open fires for the cooking of food for human consumption
on other than commercial premises providing, however,
such open fires will be subject to Sections 6.1 and
6.5 hereof.
(2) Open fires ignited for the purose of training firemen
or for research in fire prevention providing the
: division has issued a firemen training permit under
terms and conditions acceptable to the division.
(50.0) Section 6.5
General Prohibition -
(a) It shall be unlawful for any person to permit or cause the
emission of such quantities of air contaminants from
whatever source in such place or manner as to be detrimental
to any person or to the public or to endanger the health,
comfort, or safety of any person or the public, or in such
manner as to cause injury or damage to property or business.
Each day wherein a violation of this section occurs shall
constitute a separate offense. Any act of emission of air
pontaminants from any single or multiple source in
violation or excess of the limitations established in or
pursuant to 6.1, 6.2, 6.3 and 6.4 of this regulation shall
be unlawful, and may be ordered abated by the director.
Such abatement may be in addition to the fines and penalties
herein provided.
(b) Nothing in any section of this regulation relating to
regulation of emission of air contaminants shall in any
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manner be construed as authorizing or legalizing the
erection or maintenance of a nuisance.
(50.1) Section 6.6 .
Wind-Borne Pollutants - It shall be unlawful for any person to operate
or maintain, or cause to be operated or maintained, any premise,
open area, right-of-way, storage pile of materials, or vehicle, or
construction, alteration, demolition, or wrecking operation or any
other enterprise that involves any handling, transporting, or disposition
of any material or substance likely to be scattered by the wind, or
susceptible to being wind-borne, without taking precautions or measures
that will eliminate the escape of air contaminants. No person shall
maintain or conduct, or cause to be maintained or conducted any
parking lot, or automobile and/or truck sales lot, or cause or permit
the use of any roadway under his control unless such lot or roadway
is maintained in such manner as to eliminate the escape of air
contaminants.
(2.0) Section 6.7 ~
Circumvention - Unless prior written approval is obtained from the
director,.no person shall buiild, erect, install or use any article,
machine, equipment or other contrivance, the sole purpose of which
is to>di'lut or conceal an emission without resulting in a reduction
in the total release of air contaminants to the atmosphere. This
section shall not apply for the control of odors, provided the
limitations' of Section 6.5 of this Article are met.
(51.9) Section 6.-8
i .
Domestic Refuse Burning Equipment
(a) The Provisions of this section shall apply to:
(1) "Type A. Domestic incinerators for burning rubbish and
garbage" and
(2) "Type B. Domestic incinerators for burning ordinary paper
or similar material only".
Direct-f^d incinerators having a furnace volume or charging capacity
of not over five (5) cubic feet. Such domestic .refuse burning
equipment may be installed in other than single and two-family dwellings
provided the refuse is of a character for which the incinerator is
designed a.nd ,is not excessive in amount. Excessive amounts shall
be defined as a normal day's accumulation in excess of twice the rated
capacity of the incinerator.
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(b)-It shall be unlawful for any person or their agents to import,
sell, offer for sale, expose for sale, exchange, deliver, or
install in the county:
(l)'Any make or model of domestic refuse burning equipment
which has not been approved by the department.
(2) Any make or model domestic refuse burning equipment for
. the burning of any type of refuse other than the types
for which the refuse burning equipment has been approved
by the department.
(3) Provided that the imporation, delivery or transportation
of such domestic refuse burning equipment by railroad
companies and other common carriers in the course of
1 their common carrier business, shall not be deemed to be
a violation of the provisions of this section.
(c) All domestic refuse burning equipment shall be submitted to the
department for approval and be subjected to such tests as
may be deemed necessary to establish the performance efficiency,
durability minimum installation requirements, air pollution
potential and fire hazard potential under ordinary operation.
For ;fire hazard potential and efficiency determinations,
nationally recognized standards such as those of the American
Gas Association and the Underwriters Laboratories may be
employed.
(1) Upon approval the department shall designate such domestic
refuse burning equipment as being Type A or Type B.
(2) Any approved domestic refuse burning equipment that is
imported, sold, offered for sale, exposed for sale, exchanged,
delivered or installed for use in the county shall bear a
plate or tag in accordance with the standards set therefor
by the department which identifies the equipment as
domestic refuse burning equipment and the type for which
' it is approved.
(3) Any person whose domestic refuse burning equipment is
' submitted to tests by the department must pay all expenses
necessary to the attendant tests, and the department shall
furnish the submitter a copy of the results of such tests.
(d) Domestic refuse burning equipment shall be installed only by
persons licensed by the department after qualifying for
registration, or by a licensed gas or oil contractor when
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registered as herein provided. Such licensee shall be respons-
ible for determining that adequate safe draft exists for such
equipment and have the duty and responsibility to see that
adjustments of combustion controls on all gas or oil burners
used in connection with space heating equipment shall be made
by a licensed gas or oil contractor.
(e) Nothing herein contained shall prohibit a bona fide owner of
.a one-family dwelling which is, or will be on completion,
the owner's place of residence, from personally installing
therein domestic refuse burning equipment regulated hereunder,
provided, that the said owner shall:
(1) Sign an affidavit on a form furnished by the department
showing the applicant to be a bona fide owner and
dccupant, or will be the occupant on completion of the
residence; and that the applicant will personally install
the equipment therein for which the installation permit
is requested.
(2) Pass an examination showing that the applicant is possessed
of the necessary qualifications for installing such equipment
in accordance with the applicable provisions thereof.
Such examination may be oral or written and may include
practical demonstrations.
i
'(3) Apply for and secure the required installation permit.
(4) Obtain the required inspection within seventy-two (72)
hours after the installation has been completed and the
equipment placed in operation.
(f) All installer licenses shall expire on the 31st day of March
of each current year and shall be renewable within sixty (60)
day£ thereafter.
' '
The license of any person required by this regulation may be
suspended or revoked by the Director, after a hearing, for
a .Aood cause shown.
It shall be unlawful in the county for any person whose
Iff cense has been suspended, revoked or not renewed to engage
in the business of installing incinerators covered by this
^ection, until such expired license has been renewed or such
suspended or revoked license has been reinstated.
',-... I
(g), Installation permits and certificates of operation shall be
/' obtained in accordance with the requirements of Article IV, of
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-'(regulations. Periodic renewal of certificates of
operation shall not be required for domestic refuse burning
equipment installed in one or two-family dwellings.
(h) The director, with the approval of the Board, shall develop
and publish rules or standards for the testing, design and
installation requirements governing domestic refuse burning
, . equipment.
(i) The director, with the approval of the Board, may suspend the
applicability of this section as to specific cities, townships
or villages on the request of the governing body or such
city, township or village when he finds that compliance with
local ordinances or regulations would effectuate substantial
compliance with the requirements of this section. Whenever the
Director so suspends the applicability of this section he will,
whenever he deems it necessary to assure compliance with this
section, reinstate it with full force and effect generally, or
for the purposes of a specific application.
(4.0) Section 6.9 .
If any single source of emission or combination of sources of emission
be found to compromise the ambient air quality in the county, beyond the
limitation, set forth in any national primary and secondary ambient air
quality standards now or hereafter established by the administrator of
the environmental protection agency pursuant to the clean air act as
amended December 31, 1970 (Public Law 91-640), not withstandahding
compliance with any maximum allowable emission rate allowed by this
regulation, the director may require such further reduction in emissions
from this or these sources as is necessary to obtain compliance with
said national primary and secondary ambient air quality standards.
(9.0) Section 6.10 .
Emission Recording Monitoring Devices - The director may require the
owners of fuej burning, refuse burning or process equipment to install,
maintain and'use emission recording monitoring devices and to make
periodic reports to the division on the nature and amount of such
emissions and such reports shall become a public record. Failure
to comply with the director's request shall be deemed to be a violation
of this regulation.
(2.0) Section 6.11':="
All sections'and subsections of this article are independent and mutally
exclusive of one another except where otherwise indicated, and in the
case where there is conflict in interpretation, .the more restrictive
requirements will govern.
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(15.0) ARTICLE VII
PROCEDURAL REQUIREMENTS
Section 7.1,'.
Violation.Notice -
If the director has reason to believe an emission from any source
does not meet the provisions of Article VI hereof, a violation notice
may be issued to the owner or operator of the source in question.
Section 7.2
Violation Procedures -
(a) Any person who is issued a violation notice of Section 6.2 or
6.3 may, within thirty (30) days from the date of receipt of said
notice submit data to the director indicating reasons why he
does not believe he is in violation of these sections. The
director shall review the data submitted and within fifteen (15)
days affirm or withdraw the violation notice by informing, in
writing, the person receiving said notice of the decision to
affirm or withdraw. To the case where such data is not
submitted to the director within the thirty (30) days stipulated,
the violation shall be considered still in force and affirmed.
(b) In the case of a violation of Section 6.2 and/or Section 6.3,
the person cited, within ten (10) days of receipt of the
director's decision to affirm the violation notice as provided
for in Section 7.2 (a), (or within ten (10) days of a decision
.. of the Appeals Board, should appeal be taken from the director's
decision to affirm the violation notice), may ask that emission
. . tests be performed to determine the extent of emissions from
the operation which is the subject of the emission violation
notice. If the tests indicate that the emission exceeds the
maximum allowable emission standard applicable to the provisions
under Section 6.2 or 6.3, the violation notice shall be con-
sidered substantiated. If the tests indicate that the emission
is equal to or less than the emission standard applicable to the
provisions under Section 6.2 or 6.3, then the violation notice
shall be considered void.
i
(g.O) ' ARTICLE VIII
SAMPLING AND TESTING
Section 8.1
Authority..to Conduct Tests -
(a) The: director is hereby authorized to conduct, or cause to be
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conducted, any test or tests of any new or existing process,
fuel-burning, refuse-burning, or control equipment the operation
of which he has reason to believe may result in emissions in
. exces.S,.o'f. the limitations in this regulation, or when he has
' ''reason to believe there is evidence that emission from any such
equipment are exceeding any emission limitation prescribed in
this regulation. A full written record of test conditions, of
""' test methods, and of test results obtained by the director shall
be'maintained, kept on file, and made available for study by
the owner. Upon notification by the director that emission
tests 'are considered necessary, a person may elect to conduct
' such tests himself. In this event, the person shall notify the
director of this decision and of the time and date of such
testing. All tests so conducted shall be in a manner acceptable
to the director and in conformity with Section 6.3, 6.2G and/or
6.3H, and a full written record of conditions in test, of test
methods, and of test results obtained by the owner or his
authorized test agents shall be maintained, kept on file, and
made available for study by the director. The director may
stipulate that a representative of his office be present during
the conduct of such tests and may stipulate a reasonable time
limit, for the completion of such tests with consideration for
seasonal adverse weather conditions.
(b) Nothing in this section concerning tests conducted by and paid
for by any person or his authorized agent shall be deemed to
abridge the rights of the director or his representatives to
conduct separate or additional tests of any process, fuel-
burning, refuse-burning, or control equipment on behalf of the
county at a reasonable time and at the county's expense except
as provided in Section 8.3 below.
(c) When an owner gives written notification to the director that
secret and confidential processes are involved in the specific
industrial operation in connection with which emission tests
are to be made or are being made, the director shall treat and
.hold .any and all information and data collected or made available
regardless of its kind or character as secret and confidential,
and it shall not be disclosed or made available in whole or in
part at anytime without the written authority of the owner.
Section 8.2 ;- /
Test Facilities and Access - It shall be the responsibility of the owner
or operator of the operation tested to provide, at his expense, reason-
able and necessary openings in the system or stack, and safe and easy
access thereto-, to permit technically valid samples and measurements to
be taken. ;Atl'.new sources of air contaminants erected after the effec-
tive date, of this regulation may be required by the director to provide
adequate openings in the system or stack, and safe and easy access thereto,
to permit'technically valid measurements and samples to be taken. If a
person refuses to supply test openings, access scaffolding, and other
pertinent; facilities requested for the purpose of conducting valid
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emission tes.ts by the director, the director shall notify such person to
show cause before the director on a day certain, not less than ten (10)
nor more than twenty (20) days from the date of notice, why the equipment
shoiltd'nbt.be sealed.
Section 8.3;
. I
Test Cost's -"If emission tests conducted as a result of procedures out-
lined in Section 7.2 (b) substantiate the violation notice, the person
or persons liable for the violation shall be responsible for paying all
attendant costs for conducting said tests. If said tests do not sub-
stantiate the violation notice, issued, then the county shall be
responsible for paying all attendant costs for conducting said tests.
This latter condition shall not obviate the owners' or operators'
responsibilities set forth in Section'8.2. Provided, however, if the
person liable elects to conduct his own stack emission tests as
stipulated in Section 7.2 (b) and Section 8.1, the person so electing
shall pay for these tests irrespective of their outcome. The data
obtained during stack emission tests shall be made available to the
director and the owner of the equipment being tested at their request.
To the contrary notwithstanding, emission tests performed on installations,
where such tests are a condition of the installation permit, shall be
at the expense of the owner regardless of the outcome of the tests.
. * :
Section 8.4
Authority;to Obtain Samples - The director is hereby authorized to obtain
any sample of fuels, refuse, or process materials for examination and
analysis. A copy of the results of the analysis shall be made available
to the owner upon his request. Failure of the owner to provide such
sample upon request of the director shall be a violation of this regula-
tion. Upon written request of the owner, any information relating to
secret processes, methods of manufacture, products, or production ascer-
tained or discovered by the director or the appeals board during the con-
duct of their work shall not be disclosed in whole or in part and shall
be held confidential.
(5.0) . . ARTICLE IX
VARIANCES
Section 9.1
Variance Clauses - Where emission sources in existence prior to adoption
of this regulation do not meet the emission limitations noted in
Section 6.| and/or 6.3 above, then a program to meet the emission
limitations stipulated -In Section '6.2 and/or 6.3 shall be developed
and'offered'to the director by the owner of the equipment causing the
emission, this program shall be submitted upon the request of and
within such1 times as shall be reasonable determined by the director,
an'd after said program has been approved by the director, the owner
of the equipment causing the emission shall not be in violation of
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Sectldh 6.2'afid'/or 6.3 of this regulation so long as said program is
observed.,. In evaluating such a program of improvement, the director
shall take into consideration the following factors:
(0) Action taken to contrdl atmospheric pollution within emission
limitations in effect prior to this regulation.
' ' /
(b) Efficiency of any existing control equipment relative to that
which would be required to meet emission limitations of this
regulation. .
(c) Temporary interim control measures intended to minimize existing
pollution levels.
(d) The effect the source of emission has on air pollution generally
or in the immediate vicinity of the source.
(e) The degree of control in relation to other similar facilities
which produce air pollution.
(f) The age and prospective life of the facility in question.
(16.0)
Reports indicating the progress of these programs shall be submitted
se^ii-annually..to the director by the owner of the equipment causing
the emission in question. If progress of the program is deemed by the
director to be unsatisfactory, the director may suspend the program
and issue a violation notice.
In the event the owner of the quipment causing the emission and the
director cannot evolve a mutually acceptable program of improvement,
the matter shall be referred to the Appeals Board for resolution and
determinatiop of an acceptable program, which shall be binding upon
both the owner and the director. In making their determination, the
Appeals Board-shall also take into consideration the factors noted in
(a) through (f) above.
ARTICLE X
APPEALS
Section 10.1
Appeals - Any;person taking exception to any decision, ruling, regulation,
violation, notice, or order issued by the director may appeal to the
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(15.0)
Appeals Boa"'r,d. Such appeal shall be taken within ten (10) days after
the decision, ruling, regulation, violation notice, or order complained
of, by filing with the director a notice of appeal directed to the
Appeals Board specifying the grounds thereof and the relief sought.
A filing fee of $25.00 shall be posted by the appellant at the time of
filing1 of the appeal to cover the cost of the hearing. The director
shall forthwith furnish to the Appeals Board all papers relating to
the decision, ruling, regulation, or order which is appealed. The
Appeals Board shall set a date not less than five days and not more
than thirty (30) days after the date of filing of the appeal for the
hearing and shall give notice thereof by registered mail to all
interested parties. Such an appeal shall act as a stay of the decision,
ruling, regulation, or order in question until the decision of the
Appeals Board is rendered, except that this shall not be construed
to abridge the rights of the director to summarily abate a health or
safety hazprd. The Appeals Board shall, within a period of thirty (30)
days after the hearing, affirm, modify, or set aside in writing the
decision, ruling, regulation, or order of the director.
The decisipn. of the Appeals Board shall be final unless reversed by
a court of competent jurisdiction. Appeals from the decision of the
Appeals Board shall conform to the rules applicable to appeals from
state administrative agencies.
':-'; ARTICLE XI
SEALING
Section 11.1
Sealing - After previous notification of three or more violations of
this regulation within a twelve-month period, in respect to the
emission of-air contaminants, a violator, may be notified by registered
mail to show cause before the director within ten (10) days why the '
offending equipment shall not be sealed. The notice shall be directed
to 'the last address of the person to be notified or if the person
or his whereabouts is unknown, then the notice shall be posted on or
near the premises at which the violations have occured. If upon
the hearing, at which the violator or his agent or attorney may appear
and|be hgferd, the director finds that adequate corrective measures
have not been taken, he shall seal the equipment until such time as '
corrective measures are taken. The decision may be appealed to the
Appeals Board, and such appeal shall stay the sealing until the Appeals
Board renders a decision. It shall be unlawful for any person to
break a/seal that has been duly affixed by the director or his authorized
representative unless authorized in writing by the director to do so.
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(2.0)
ARTICLE XII
REGISTRATION OF EMISSIONS
(16.0)
Section 12.1 . ,
When required - The director may require the written registration of
points of emission of air contaminants, whether by stack, duct, flue,
equipment or by any other means when such information is necessary for
the conduct of the work of the department. A period of sixty (60)
days shall be allowed for the filing of such registration. However,
in cases of emergency, the director may designate any lesser time which
he believes to be justified.
Section 12.2
Content of Registration - The written registration of points of emission
may include the following information: the location of the source
of emission, size of outlets, height of outlets, estimated rate and
composition of emission, nature of the equipment creating the emissions,
and any other pertinent information specified by the director.
Section 12.3
Use of Information - The information furnished in such registration
shall not be used as evidence in any action brought for violation of
this regulation.
-(-'.
Section 12.4
Failure to Provide Information - Any person who fails to register
information as required by the director shall be considered in violation
of this regulation.
ARTICLE XIII
RIGHT OF ENTRY
Section 13.1
RiqM of Entry for Inspection - Any person who in any manner, hinders,
obstructs, delays, resists, prevents, or in any manner interferes
or attempts to interfere with the director, or police officers in the
performance of any duty enjoined, or shall refuse to permit the
director or such officers to perform their duty by refusing them, or
either of them, entrance at reasonable hours to any premises in which
the provisions of this regulation are being violated or are suspected
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of being violated, or refuse to permit the inspection or examination
of such'premises for the purposes of the enforcement of this regulation,
shall be subject to the fines and penalties hereinafter provided.
(15.0) ARTICLE XIV
PENALTIES FOR VIOLATIONS
Section 14.1
Penalties - Any person or any person acting in behalf of said person,
in an employee, agency, or contractual relationship'violating any of the
provisions of this regulation shall upon conviction be subject to a
fine or imprisonment or both as provided by law.
Section 14.2
Multiple Sources - The unlawful emission of air contaminants from
each stack, shall constitute a separate offense.
Section 14.3
Injunctive Proceedings - Whenever any person has been found to have
repeatedly violated provisions of Article VI of this regulation, ,
the directpr may upon written approval of the Board of Health commence
appropriate civil legal action in a court of competent jurisdiction
in the nanje of the county to enjoin and restrain further continuance of
such violation.
(2.0) !;... .v ' ARTICLExv
... ' . SEVERABILITY
Section 15.1
SeverabiHty - It is declared that this regulation is enacted in the
interests'of the public health and welfare of the residents of the
county. I,f any part of this regulation shall be declared to be
invalid of unconstitutional, such decision shall not affect the validity
of the remaining portions of this regulation, the Board of Health hereby
declaring that it would have passed such remaining portions of this '
regulation notwithstanding such invalidity.
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(16.0) ARTICLE XVI
PUBLIC HEARING
Section 16.1
Public Hearing - No rule of the Board shall be adopted, amended or
repealed except after a public hearing held upon at least ten days'
prior notice.
(2.0) ' ARTICLE XVII
REPEAL CLAUSE
Section 17.1
Repeal Clause - All previous regulations or portions of regulations
adopted by the Wayne County Board of Health that are inconsistent
with or in conflict with this regulation are hereby repealed.
(15.0) : ARTICLE XVIII
SAVINGS CLAUSE
Section 18.1
Savings Clause - Any prosecution arising from a violation of the
Wayne County Air Pollution Control Regulation of 1965 and as amended
March 20, 1969, which prosecution may be pending at the time this
amendment becomes effective, or any prosecution which may be started
within one (1) year after the date of effect of this amendment in
consequence of any violation of any regulation repealed or modified
herein which violation was committed previous to the date of effect
of this amendment, shall be tried and determined exactly as if such
regulation had not been repealed or modified.
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FEDERALLY PROMULGATED
REGULATIONS
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(6.0) 52.1175 Compliance Schedules
(a) Federal compliance schedule -
(1) Except as provided in paragraph (b)(2) of this section,
the owner or operator of a stationary source subject to
R 336.49 of the general rules of the Air Pollution Control
Commission, Michigan Department of Public Health, shall
comply with the final emission limitations in table 3 or 4
of such regulations on, or before, January 31, 1974. This
paragraph shall apply in Macomb, Oakland, and St. Clair
Counties of the Metropolitan Detroit-Port Huron Intrastate
Region (81.37 of this chapter), the Michigan portion of
the Metropolitan Toledo Interstate Region (81.43 of this
chapter) and the South Central Michigan Intrastate Region
(81.196 of this chapter).
(i) Any owner or operator in compliance with the emission
limitations in table 3 or 4 of R 336.49 of the general
rules of the Air Pollution Control Commission, Michigan
:... Department of Public Health, on the effective date of
this paragraph shall certify such compliance to the
Administrator no later than December 31, 1972.
I ' *
(ii) Any owner or operator achieving compliance with the
emission limitations in table 3 or 4 of R 336.49 of
the general rules of the Air Pollution Control Commission
Michigan Department of Public Health, after the
effective date of this paragraph shall certify such
compliance to the Administrator within 5 days of the
. date compliance is achieved.
(2) Any owner or operator of a stationary source subject to
paragraph (b) (1) of this section may, no later than 120
days following the effective date of this paragraph,
submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with the
emission limitations in table 3 or 4 of R 336.49 as expediti-
ously as practicable but not later than the dates specified
. in R 336.49 (7).
(i) If the owner of operator chooses to comply with the
provisions of R 336.49 (7), Table 3, the compliance
schedule shall contain dates by which contracts will be
awarded to obtain the appropriate fuel and dates by
which this fuel will be burned exclusively.
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(ii)'If the owner or operator chooses to comply with the
provisions of R 336.49 (7), Table 4, the compliance
schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement
of such increments shall be specified. Increments of
progress shall include, but not be limited to:
Submittal of the final control plan to the Administrator;
letting of necessary contracts for construction or
process change, or issuance of orders for the purchase
of component parts to accomplish emission control or
process modification; initiation of on-site construction
or installation of emission control equipment or process
change; completion of on-site construction or install-
ation of emission control equipment or process change;
completion of on-site construction or installation of
emission control equipment or process modification, and
final compliance.
(3) Any owner or operator who submits a compliance schedule
pursuant to this paragraph shall, within 5 days after the
deadline for each increment of progress, certify to the
Administrator whether or not the required increment of the
'approved compliance schedule has been met.
(4) Any compliance schedule adopted by the State and approved
, by the Administrator shall satisfy the requirements of this
paragraph for the affected source.
,(c)'The requirements of 51.15 (c) of this chapter are not
met since compliance, schedules with adequate increments
of progress have not been submitted for every source for
which they are required.
(d) Federal compliance schedules, (1) Except as provided
in subparagraph (3) of this paragraph, the owner or
operator of any stationary source subject to the
following emission-limiting regulations in the Michigan
., implementation plan shall comply with the applicable
compliance schedule in subparagraph (2) of this para-
1 graph: Air Pollution Control Commission, Department of
... Public Health, Michigan Rule 336.49.
(2) Compliance Schedules
(i) The owner or operator of any boiler or furnace &f
more than 250 million BTU per hour heat input
subject to Rule 336.49 and located in the Central
Michigan Intrastate AQCR, South Bend-Elkhart-Benton
Harbor Interstate AQCR, or Upper Michigan Intrastate
AQCR (as defined in Part 81 of this title) shall
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notify the Administrator, no later than October 1, ,
1973, of his,intent to utilize.either low-sulfur
fuel or stack gas desulfurization to comply with
the limitations effective July 1, 1975, in Table 3
or Table 4 of Rule 336.49.
(ii) Any owner or operator of a stationary source
subject to subparagraph (2) (i) of this paragraph
who elects to utilize low-sulfur fuel shall take
the following actions with respect to the source
no later than the dates specified.
(a) November 1, 1973 - Submit to the Administrator a
projection of the amount of fuel, by types, that
will be substantially adequate to enable compliance
with Table 3 of Rule 336.49 on July 1, 1975, and
for at least one year thereafter.
(b) December 31, 1973 - Sign contracts with fuel
suppliers for projected fuel requirements.
(c) January 31, 1974 - Submit a statement as to whether
boiler modifications will be required. If modi-
fications will be required, submit plans for such
modifications.
(d) March 15, 1974 - Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1974 - Initiate onsite modifications, if
applicable.
(f) March 31, 1975 - Complete onsite modifications, if
applicable.
(g) July 1, 1975 - Achieve final compliance with the
applicable July 1, 1975, sulfur-in-fuel limitation
listed in Table 3 of Rule 336.49.
(iii) Any owner or operator of a stationary source subject
to subparagraph (2) (i) of this paragraph who elects
to utilize stack gas desulfurization shall take the
following actions with respect to the source no
later than the dates specified.
(a) November 1, 1973 - Let necessary contracts for
construction.
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(b) March 1, 1973 - Initiate onsite construction.
(c) March 31, 1975 - Complete onsite construction.
(d) July 1, 1975 - Achieve final compliance with the
applicable July 1, 1975, emission limitation listed
, in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determin-
ation as to whether compliance has been achieved,
such a test must be completed by July 1, 1978.
Ten days prior to such a test, notice must be given
to the Administrator to afford him the opportunity
to have an observer present.
(iv) The owner or operator of any boiler or furnace of
more than 250 million BTU per hour heat input sub-
ject to Rule 336.49 and located in the Central
Michigan Intrastate AQCR, South Bend-Elkhart-
Benton Harbor Interstate AQCR, or Upper Michigan
Intrastate AQCR shall notify the Administrator,
no later than January 31, 1974, of his intent to
utilize either low-sulfer fuel or stack gas de-
sulfurization to comply with the limitation effec-
tive July 1, 1978, in Table 3 or 4 of Rule 336.49.
(v) Any owner or operator of a stationary source
subject to subprargraph (2) (iv) of this paragraph
who elects to utilize low-sulfur fuel shall take
the following actions with respect to the source
no later than the dates specified.
(a) October 15, 1976 - Submit to the Administrator a
projection of the amount of fuel, by types, that
will be substantially adequate to enable compliance
with Table 3 of Rule 336.49 on July 1, 1978, and
for at least one year thereafter.
(b) December 31, 1978 - Sign contracts with fuel
suppliers for projected fuel requirements.
(c) January 31, 1977 - Submit a statement as to whether
boiler modifications will be required. If modifi-
cations will be required, submit plans for such
modifications.
(d) March 15, 1977 - Let contracts for necessary boiler
modifications, if applicable.
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(e).June 15, 1977 - Initiate onsite modifications, if
applicablej :
(f) March 31, 1978 - Complete onsite modifications, if
applicable.
(g) July 1, 1978 - Achieve final compliance with,the
applicable July 1, 1978, sulfur-in-fuel limitation
listed in Table 3 of Rule 336.49.
(vi) Any owner or operator of a stationary source sub-
ject to subparagraph (2) (iv) of this paragraph who
elects to utilize stack gas desulfurization shall
take the following actions with regard to the
source no later than the dates specified.
(a) November 1, 1976 - Let necessary contracts for
construction. ' .
(b) March 1, 1977 - Initiate onsite construction.
(c) March 31, 1978 - Complete onsite construction.
(d) July 1, 1978 - Achieve final compliance with the
applicable July 1, 1978, emission limitation listed
in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determin-
ation as to whether compliance has been achieved,
such a test must be completed by July 1, 1978.
Ten days prior to such a test, notice must be
given to the Administrator to afford him the
opportunity to have an observer present.
(vii) Any owner or operator subject to a compliance schedule
above shall certify to the Administrator, within
five days after the deadline for each increment of
progress in that schedule, whether or not the incre-
ment has been met.
(3) (i) Subparagraphs (1) and (2) of this paragraph shall
not apply to a source which is presently in compliance with
Table 3 or Table 4 of Rule 336.49 and which has certified
such compliance to the Administrator by October 1, 1973.
The Administrator may request whatever supporting informa-
tion he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and
approved by the Administrator shall satisfy the
requirements of this paragraph for the affected source.
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(iii) Any owner or operator subject to a compliance
schedule in this paragraph may submit to the
Administrator no later than October 1, 1973, a ,
proposed alternative compliance schedule. No
such compliance after the final compliance date
in the applicable compliance schedule of this
paragraph. If promulgated by the Administrator,
such schedules shall satisfy the requirements of
this paragraph for the affected source.
(4) Nothing in this paragraph shall preclude the Admin-
istrator from promulgating a separate schedule for any
source to which the application of the compliance
schedule in subparagraph (2) of this paragraph fails
to satisfy the requirements of 51.15 (b) and (c) of
this chapter.
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(10.0) 52.1176 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.
(y) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
: whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
. site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(vili) 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 ian associated parking area, which increases
parking capacity by 500'cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
'' more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA: ;
(a) Any new parking facility, or other new indirect
source with an associated parking area, which ,has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(lit) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
.m,ent which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
qiental 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 one7fourth 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.
(11) 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) (1) 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 an 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) (1) 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.
(ji) 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.
. (yi) 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) (it) of this section.
(i1) 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
1 conditions,
(10) Notwithstanding the provisions relating to modified indirect
soprces contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
wh^ch 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
. spurce 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-
, fjce of the Environmental Protection Agency, the following pro-
.' .-Visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
. this paragraph for any indirect source owned or operated
. -\ by the United States Government.
,(:iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, In-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
. al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
, (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1180 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) "Coristruction" means fabrication, erection or installation of a
stationary source.
(7) '"Cdmmenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
ovyner 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-
erfence into the applicable implementation plans for various
Spates, 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-
c|ian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
, late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/n)3) (ug/m3)
Particulate mattery
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
.(11) For purposes of this paragraph, areas designated as-Class
III shall be limited to concentrations" of "pa'rticulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II.as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
. area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30;days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignaticn is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class H, or
;! Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and, !
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a.) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (1i) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
spurce 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'Md) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
; or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
a> provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is' modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
n,ot be subject to this paragraph.
Ci) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
'(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants. :
'(xiii) Phosphate Rock Processing Plants.
' (x1v) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
."
(xvili) 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.
(11) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (1i) 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
qn 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
1 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 nas 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.
I
(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 pe'riod
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 1s 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
I,; * . 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 th.is section shall not \>e 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
Mariager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
toibe subject to a designated State or local agency's procedures
deyeloped 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-
dic'tibn 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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