U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 272
Air Pollution Regulations in State
Implementation Plans: Minnesota
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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x>EPA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290272
EPA-450/3-78-073
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Minnesota
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U.S. DEPARTMENT OF COMMERCE
SPRINGFIELD, VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-073
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Minnesota
3. RECIPIENT'S ACCESSION>NO.
5. REPORT DATE I
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.lOENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
Unclassified
I
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE p£ / j
jO Cs? 5" /'' f\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-073
Air Pollution Regulations
in State Implementation Plans
Minnesota
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-450/3-78-073
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
EPA APPROVED REGULATION CHANGES
MINNESOTA
Submittal Approval Description
7/25/72 9/22/72 APC-3
FEDERAL REGULATIONS
Section No. Description
52.1224 Public availability of.emission data.
52.1225 Review of new or modified indirect sources.
52.1234 Prevention of significant deterioration.
v
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DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(4.0)
(5.0)(2.0)
(2.0)(3.0)(9.0)
Section Number
Chapter One
ARC 1
Chapter Two
APC 2
Chapter Three
APC 3
Title
Page
Number
1
Ambient Air Quality Standards 1
4
Definitions, Provisions For
Recreational Fires, Access
to Premises, Variances, Cir-
cumbention and Severability
Permits, Emission Source
Monitoring, Measurement of
Air Contaminants, Anti-De-
gradation
8
8
(51.7)
(50.1.1)
(50.1)
(51.9)
Chapter Four
APC 4
Chapter Five
APC 5
Chapter Six
APC 6
Chapter Seven
APC 7
Emissions Limitations From
Fuel-Burning Equipment Used
for Indirect Heating
Restriction of Emission of
Particulate Matter From
Industrial Process
Preventing Particulate Mat-
ter From Becoming Air-
borne
Incinerators
15
15
19
19
23
23
24
24
VIII
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Revised Standard
Subject Index Section Number
_- - Chapter Eight
(51.13) ARC 8
- - Chapter Nine
(50.6) ARC 9
- - Chapter Ten
(50.6)(51.21) ARC 10
«
- - Chapter Eleven
(50.1.2) ARC 11
- - Chapter Twelve
(12.0)(50.1.2) ARC 12
- - Chapter Thirteen
(51.16) ARC 13
- - Chapter Fourteen
(50.7) ARC 14
- - Chapter Fifteen
(51.18) ARC 15
Page
Title Number
- -
Open Burning Restrictions
- -
Control of Odors in Am-
bient Air
- -
Control of Odors From Pro-
cessing of Animal Matter
- -
Restriction of Emission of
Visible Air Contaminants
- -
Emission of Visible Air
Contaminants From Vehicles
and Other Internal Combus-
tion Engines
- -
Requirements For Con-
struction of New Gaso-
line Storage Facilities
- -
Emission of Certain
Settleable Acids and
Alkaline Substances
Restricted
- -
Sulfuric Acid Plant
26
26
30
30
33
33
35
35
38
38
39
39
41
41
42
42
Emissions
IX
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Revised Standard
Subject Index
(51.10)
Section Number
Chapter Sixteen
APC 16
Title
Nitric Acid Manufacturing
Plants Emissions
Page
Number
43
43
Revised Standard
Subject Index
FEDERALLY PROMULGATED REGULATIONS
Section Number
Title
Page
Number
(14.0)
(10.0)
(17.0)
52.1224
52.1225
52.1234
General Requirements 45
Review of New or Modified 46
Indirect Sources
Prevention of Significant 56
Deterioration
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CHAPTER ONE: ARC 1
(4.0) APC 1. AMBIENT AIR QUALITY STANDARDS
(a) The "primary" air quality standards are levels of air pollu-
tants above which, on the basis of present knowledge, health
hazards or impairment may be produced. Health hazards
include not only production, aggravation or possible
production of disease, but also interference with function.
Health impairment includes sensory irritation and impair-
ment of well being by such phenomena as odor. The
"secondary" air quality standards are levels which are
desirable to protect the public welfare from any known or
anticipated adverse effects, such as injury to agricultural
crops and livestock, damage to or deterioration of property,
annoyance and nuisance of person, sensory impairment and
obstruction, or hazards to air and ground transportation.
(b) No person shall emit any pollutant in such an amount or
in such a manner as to exceed any ambient air quality
standard herein beyond such person's property line, with-
out respect to whether emission regulations stated in
other air pollution control regulations of the Agency are
also being violated.
(c) State Ambient Air Quality Standards (a) (b) (c)
Pollutant/Air ContaminantConcentration
Remarks
(1) Hydrogen Sulfide^ ' 0.05 ppm by volume
(primary standards) (70.0 micrograms
per cubic meter)
0.03 ppm by volume
(42.0 micrograms per
cubic meter)
(2) Photochemical
Oxiidants
(e)
(primary and
secondary stan-
dards)
0.07 ppm by volume
(130 micrograms
per cubic meter)
1/2 hr. average
not to be exceeded
over 2 times per
year.
1/2 hr. average
not to be exceeded
over 2 times in
any 5 consecu-
tive days.
maximum 1 hr.
concentration not
to be exceeded
more than once
per year.
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(3) Carbon Monoxide
(primary and
secondary stan-
dards)
(f)
(4)
Hydrocarbons
^primary and"
secondary
standards)
(g)
(5) Sulfur Oxides
(primary and
secondary
standards)
(h)
(6) Participate
Matter
(primary
standard)
(1)
9 ppm by volume
(10 milligrams
per cubic meter)
30 ppm by volume
(35 milligrams
per cubic meter)
0.24 ppm by volume
(160 micrograms
per cubic meter)
0.02 ppm by volume
(60 micrograms per
cubic meter)
0.1 ppm by volume
(260 micrograms per
cubic meter)
0.25 ppm by volume
(655 micrograms
per cubic meter)
75 micrograms
per cubic meter
260 micrograms
per cubic meter
maximum 8 hr.
concentration not
to be exceeded
more than once
per year.
maximum 1 hr.
concentration
not to be
exceeded more
than once per
year.
maximum 3 hr.
concentration
(6 to 9 a.m.)
not to be
exceeded more
than once per
year, corrected
for methane.
maximum annual
arithmetic mean.
maximum 24 hr.
concentration not
to be exceeded
more than once
per year.
maximum 3 hr.
concentration not
to be exceeded
more than once
per year.
maximum annual
geometric mean
maximum 24 hr.
concentration
not to be exceeded
more than once
per year.
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Participate 60 micrograms maximuin annual
Matter ' per cubic meter geometric mean
(secondary
standard)
150 micrograms maximum 24 hr.
per cubic meter concentration
not to be exceeded
more than once
per year
(7) Nitrogen Oxides '••'' 0.05 ppm maximum annual
(primary and(100 micrograms arithmetic mean
secondary per cubic meter)
standards)
Footnotes:
(a) All standards apply throughout the State of Minnesota.
(b) All measurements of ambient air Quality are corrected
to a reference temperature of 25 C. and a reference.
pressure of 760 mm of mercury.
(c) All measurements and tests shall be conducted by the
methodology referenced herein, or other methodology
as the Director shall hereafter approve.
(d) By methylene blue, or other method approved by the Director.
(e) Neutral-buffered one percent potassium iodide colorimetric
detection technique corrected for S02 and PJOp interference,
gas phase chemiluminesence, or other method approved by
the Director.
(f) Nondispersive infrared spectrometry (N.D.I.R.), or other
method approved by the Director.
(g) Flame ionization, or other method approved by the Director.
(h) By pararosaniline, coulometric, or other method approved
by the Director.
(i) High volume method, or other method approved by the Director.
(j) Jacobs-Hochheiser, or other method approved by the Director.
[July 7, 1969; amended June 3, 1970; amended February 18, 1971; amended
February , 1972]
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CHAPTER TWO: ARC 2
(1.0) ARC 2 DEFINITIONS, PROVISIONS FOR RECREATIONAL FIRES, ACCESS TO PREMISES,
(51.13) VARIANCES, CIRCUMVENTION AND SEVERABILITY
(5.0)
(2.0) (a) "Definitions": As used in these regulations except as other-
wise specifically provided or where the context indicates
otherwise, the following words shall have the meanings
ascribed to them in this regulation:
(1) "Criteria": Means technical information to be utilized
as decisional guidelines in considering air quality goals,
air quality standards and determining air quality alert levels.
(2) "Director": Means the Director of the Minnesota Pollution
Control Agency.
(3) "Existing": A modifier for equipment, machines, devices,
articles, contrivances or installations which are in being at
the time these regulations become effective; except that any
existing equipment, machine, device, article, contrivance or
installation which is altered, repaired or rebuilt at an
aggregate cost of 30 percent or more of its replacement cost
at the time of such alteration, repair or rebuilding, shall be
reclassified as "new", but only if such alteration or repair
constitutes an additional or greater source of air pollution.
(4) "Garbage": Animal and vegetable matter such as that
originating in homes, restaurants, and fooci service and
processing establishments.
(5) "Minneapolis-St. Paul Metropolitan Area": The geographical
area comprised of the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington including all municipalities
located partially or wholly within such counties.
(6) "Multiple Chamber Incinerator": Any article, machine, equip-
ment, contrivance, structure or part of a structure, used to
dispose of combustible refuse by burning, and consisting of three
or more refractory lined combustion furnaces in series,
physically separated by refractory walls, interconnected by gas
passage ports or ducts and employing adequate design para-
meters necessary for maximum combustion of the material to be
burned.
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(7) "New": A modifier for equipment, machines, devices,
articles, contrivances or installations built or installed on
or after the effective date of these regulations, and installa-
tions existing at said stated time which are later altered,
repaired or rebuilt at a cost of 30 percent or more of replace-
ment cost at the time of such alteration, repair or rebuilding,
and constitute an additional or greater source of air pollution.
(8) "Opacity": A state which renders material partially or
wholly impervious to rays of light and causes obstruction of an
observer's view.
(9) "Open Burning": Burning any matter whereby the resultant
combustion products are emitted directly to the open atmosphere
without passing through an adequate stack, duct, or chimney.
(10) "Particulate Matter": Material, except uncombined water,
which exists at standard conditions in a finely divided form as a
liquid or solid.
(11) "Person": As defined in Minnesota Statutes 1967, Section
116.06, Subd. 8.
(12) "Processes or Process Equipment": Any action, operation,
or treatment embracing chemical,' industrial, or manufacturing
facilities such as ovens, mixing kettles, heating and reheating
furnaces, kilns, stills, dryers, roasters, and equipment used in
connection therewith, and all other methods or forms of
manufacturing or processing that may emit any air contaminant
such as smoke, Oder, particulate matter, or gaseous matter.
A salvage operation is not a process within this definition.
(13) "Process Weight": The total weight of all material
excluding air, gas and oil used solely as fuel, but including
solid fuel used in a potential dust producing process, which is
connected directly or indirectly to dust collecting or dust
abating equipment or system. The allowable emission rate of
particulate matter by weight (Table 1 of Regulation APC 5) or
dust concentration (Table 2 of Regulation APC 5) is calculated from
the material weight (weight rate) introduced into the dust
collecting or dust abating equipment or system.
(14) "Refuse": As defined in Minnesota Pollution Control
Agency Solid Waste Regulation SW 1 (12).
(15) "Refuse Collection Service": As defined in Minnesota
Pollution Control Agency Solid Waste Regulation SW 1 (13).
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(16) "Residual Fuel Oil": Fuel oil known as Bunker C. PS400
and Number 6 as defined in American Society for Testing and Materials
D 396 (1959).
(17) "Salvage Operation": Any business, trade, industry, or
other activity conducted in whole or in part for the purpose of
salvaging or reclaiming metals or chemicals or other products or
materials.
(18) "Smoke": Small gas-borne particles resulting from
incomplete combustion, consisting predominantly, but not exclusively,
of carbon, ash and other combustible material, that form a visible
plume in the air.
(19) "Solid Waste Management System": As defined in Minnesota
Pollution Control Agency Solid Waste Regulation SW 1 (20).
(20) "Standard Conditions": A dry gas temperature of 60
degress Fahrenheit and a gas pressure of 14.7 pounds per square
inch absolute.
(21) "Trade Waste": Solid, liquid or gaseous material
resulting from any business, trade or industry activity, con-
struction activity, or any demolition operation including, but
not limited to, plastics, cardboard cartons, grease, oil, chemicals,
and cinders.
(22) "Waste Classification": Six classifications of waste as
defined by the Incinerator Institute of America and the American
Society of Mechanical Engineers.
(23) "Source Gas Volume": The volume of gas emanating from a
process or other source.
(b) Recreational Fires Permitted. These regulations shall not
apply to wood burning fireplaces, nor to fires used solely for the
preparation of food by barbecuing.
(c) Access to Premises. Whenever it shall be necessary for the
purposes of these regulations, the Agency or any member, employee,
or agent thereof, when authorized by it, may enter upon any property,
public or private, for the purpose of obtaining information or
conducting surveys or investigations.
(d) Variance. Where upon written application of the responsible
person or persons the Agency finds that by reason of exceptional
circumstances strict conformity with any provisions of the emission
standards contained herein would cause undue hardship, would be
unreasonable, impractical or not feasible under the circumstances,
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the Agency may permit a variance from these emission standards
upon such conditions and within such time limitations as it
may prescribe for prevention, control or abatement of air
pollution in harmony with the intent of the State and any
applicable Federal laws.
(e) Circumvention. No person shall cause or permit the
installation or use of any device of any means which; without
resulting in reduction in the total amount of air contaminants
emitted, conceals or dilutes an emission of air contaminant
which would otherwise violate an air pollution control
regulation.
(f) Severability. If any provision of any regulation or the
application thereof to any person or circumstances is held to be
invalid, such invalidity shall not affect other provisions or
application of any other part of such regulation or any other
regulation which can be given effect without the invalid provision
or application, and to this end the provisions of all regulations
and the various applications thereof are declared to be severable.
Amended June 5, 1970
-7-
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2-°J . CHAPTFR THREE: APC 3
(3.0)
(9.0) APC 3 PERMITS, EMISSION SOURCE MONITORING, MEASUREMENT OF AIR
CONTAMINANTS, ANTI-DEGRADATION
(a) Installation and Operating Permits for Stationary Sources,
Fuel-Burning Equipment, Refuse-Burning Equipment and Control
Equipment.
(1) Installation Permit
(aa) No person shall plan or construct any installation
or reconstruction, or alteration or any stationary process,
fuel-burning equipment, or control equipment therefore with-
out obtaining an installation permit in accordance with
Minnesota Laws 1971, Chapter 904.
(bb) Review of plans
A person planning to construct, install, reconstruct
or alter any stationary process, fuel-burning, refuse-burning,
or control equipment therefore which may be a source of air
pollution shall no later than 45 days prior to the initiation
of any construction, installation or alteration submit plans
and specifications of the process fuel-burning, refuse-
burning or control equipment and structures or buildings
used in connection therewith.
(cc) Information Required
Plans and specifications shall include the following
information:
(i) Expected composition of the effluent stream, both
before and after the installation of an air cleaning device,
including emission rate, concentration, volume and temperature;
if any;
(ii) Expected physical characteristics of particulates;
(iii) Type and rated performance of cleaning device,
(iv) 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 openings, and other information
-8-
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necessary to appraise the possible effects of the effluent.
(v) Any other reasonable and pertinent information
that may be required by the Director.
(dd) Issuance of Permit
Plans and specifications shall be approved and an
installation permit issued within 45 days of the receipt of
said application whenever the Director believes that they are in
accordance with the requirements as set forth in these regulations.
Said approval of plans and issuance of the installation permit
may be conditioned upon such reasonable requirements as the Agency
shall direct.
(ee) Denial of Permit
When an installation permit is denied, applicant
shall be notified in writing within 45 days after application of
the reasons therefore. A denial shall be without prejudice to the
applicant's right to a hearing before the Agency or for filing a
further application after revisions are made to meet objections
specified as reasons for the denial.
(2) Operating Permit
(aa) No person shall operate any stationary process,
fuel-burning equipment, refuse-burning equipment, or control
equipment therefore without obtaining an operating permit in
accordance with the provisions of Minnesota Laws 1971, Chapter
904.
(bb) A person operating an existing installation which
is a source of air contaminants and air pollution shall apply for
an operating permit. New operating permits are not required for
persons operating emission sources where an operating permit has
been issued before January 31, 1972, unless said operating is
in violation of Agency air quality rules, regulations and
standards.
(cc) A person operating a new installation, reconstruc-
tion, or alteration for which an installation permit is required
shall apply for an operating permit 90 days following the commence-
ment of operation of the new installation, reconstruction or altera-
tion.
(dd) Information required
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Plans and specifications shall include the following
information:
(i) Expected composition of the effluent stream, both
before and after the installation of an air cleaning device,
including emission rate, concentration, volume and temperature;
(ii) Expected physical characteristics of particulates;
(iii) Type and rated performance of cleaning device, if
any;
(iv) Location and elevation of the emission point and
other factors relating to dispersion and diffusion of the contamin-
ant in the outer air, and the relation of the emission point to
nearby structures, window openings, and other information necessary
to appraise the possible effects of the effluent.
(v) Any other reasonable and pertinent information that
may be required by the Director.
(ee) Issuance of Permit
Plans and specifications shall be approved and an
operating permit issued within 45 days of the receipt of said
application whenever the Director believes that they are in
accordance with the requirements as set forth in these regulations.
Said approval of plans and issuance of the operating permit may
be conditioned upon such reasonable requirements as the Agency
shall direct.
(ff) Denial of Permit
When an operating permit is denied, applicant shall be
notified in writing within 45 days after application of the reasons
therefore. A denial shall be without prejudice to the applicant's
right to a hearing before the Agency or for filing a further appli-
cation after revisions are made to meet objections specified
as reasons for the denial.
(3) When plans, specifications, and permits are required
by an established air pollution control division or program of any
city, county, or other political subdivision of the State of
Minnesota, such permit may be issued by such political subdivision
provided the installation meets the provisions of these regulations
and copies of the plans and specifications are furnished to the
Minnesota Pollution Control Agency.
(4) Exemptions
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The following installations are exempted from the
requirements of subparagraph (1), (2) and (3) of this regulation:
(aa) All fuel-burning installations of less than 1,000,000
BTU per hour input;
(bb) All fuel-burning installations of less than 10,000,000
BTU per hour input burning only natural gas, liquified petroleum
gas, No. 1 or No. 2 fuel oil;
(cc) Comfort air conditioning or comfort ventilating systems
not designed to remove air contaminants generated by or released
from specific units or equipment;
(dd) Incinerators of less than 100 pounds per hour burning
capacity.
(5) Shutdown or Breakdown of Control Equipment
In the case of an intended shutdown of any control equip-
ment, the operator shall notify the Director at least 24 hours
in advance of the shutdown. In the case of breakdown, the operator
shall notify the Director immediately, except that a temporary
breakdown of less than one hour duration need not be reported. In
the case of either a shutdown or reportable breakdown, the operator
shall also, at the time of notification or as soon thereafter as
possible, inform the Director of the cause, and the estimated
duration of the shutdown or breakdown. The operator shall under-
take all reasonable efforts to correct the cause and restore the
equipment to full operation. No equipment, installation or facility
shall be operated which has an unreasonable breakdown frequency
as determined by the Director. In any event, no operation that
may cause an immediate public health hazard shall be deemed an
exception from this regulation.
(b) Emission Source Monitoring
(1) All persons responsible for the emission of air con-
taminants may be required to establish an emission source monitor-
ing system, upon order of the Director, when in his judgment other
methods of measurement or calculation do not provide adequate
information on the level or variation of emissions to assure
compliance with the regulations. The monitoring system may include
the installation and operation of such monitoring instruments as are
available and reasonably necessary to assure the accuracy of the
monitoring. All emission source monitoring shall be accomplished
by the following listed methodology and testing or other methodology
and testing as the Director shall require: e.g., as to visible
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emissions, a photo-electric or other type of visible emission
detector and recorder; e.g., as to hydrocarbons, sulfur dioxide,
carbon monoxide and nitrogen oxides, instruments designed for
continuous monitoring and recording; e.g., as to particulate
emissions, annually, by ASME — PTC 27. Results of such tests
shall be reported to the Director within 45 days.
(2) The accuracy of all such instruments and the adequacy of
the monitoring system shall be demonstrated to the satisfaction of
the Director prior to the issuance of an installation permit, and
at any other time that the Director may request.
(3) All information obtained as a result of such monitoring
shall be furnished to the Director at such times and in such
form as he may specify. The Director shall publish all such
information indicating emissions in excess of those permitted by
law. Any emissions data published by the Director shall be
presented in such a manner as to show the relationship between
actual and allowable emissions. Within ten days of receipt of a
written request from any person, the Director shall provide the
available recorded hourly emission or other available monitoring
data from any source for a period not exceeding four consecutive
days.
(4) In the case of an intended shutdown of any monitoring
instruments, the operator shall notify the Director at least
24 hours in advance of the shutdown. In the case of a breakdown,
the operator shall notify the D.irector immediately, except that a
temporary breakdown of less than 60 minutes duration need not be
reported. In the event of either a shutdown or reportable break-
down, the operator shall also, at the time of notification or as
soon thereafter as possible, inform the Director of the cause,
and the estimated duration of the shutdown or breakdown. The
operator shall undertake all reasonable efforts to correct the
cause and restore the monitoring instruments to full operation.
(5) An exemption from the requirements of this paragraph
(b) shall be granted (i) as to any source utilizing control
equipment or fuel of such design or nature as to assure compliance
with emissions regulations beyond reasonable doubt, and (ii) as
to any source that does not emit particulates, sulfur oxides
or nitrogen oxides in excess of 25 tons per year.
(c) Measurement of Air Contaminants Emissions
(1) Responsible Persons to Have Tests Made
Upon order of the Director, all persons responsible
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for emission of air contaminants shall make or have made tests
to determine the characteristics and amount of emission of air
contaminants from any source. The Director may specify testing
methods to be used in accordance with good professional practice
and may observe the testing. All tests shall be conducted by
reputable, qualified personnel'. The Director shall be given two
copies of the test methodology and results in writing and signed
by the person responsible for the tests.
(2) The Director May Make Tests
Upon order of the Director, the persons responsible
for an air contaminant source shall provide necessary holes in
stacks or ducts and such safe and proper sampling and testing
facilities, exclusive of instruments and sensing devices as may be
necessary for proper determination of emission of air contaminants,
and the Director or his agent may conduct tests of emissions from
such source.
(3) All owners or operators of stationary sources of emissions
which emit more than 25 tons per year of particulates sulfur
oxides, nitrogen oxides, carbon monoxide, hydrocarbons or any
combination thereof shall submit on or before January 30th of
each year an emission inventory report covering the previous
calendar year.
(d) Anti-degradation
Notwithstanding any other provisions of these rules and
regulations:
(1) An installation permit or an operation permit shall
not be issued if the planned construction, installation, reconstruc-
tion, alteration or operation would result in emissions of air
contaminants causing the violation of the ambient air quality
standards established in APC 1;
(2) An installation permit shall not be issued to any
installation or industry which has a combined air contaminant or
pollutant emission in excess of one hundred tons per year unless
such installation or industry provides the Agency with an emission
analysis calculated upon the data compiled in accordance with instruc-
tions provided by the Agency; and that such installations and
industries plan, construct, and operate each air contaminant source
so as to meet
(aa) such federal new source standards as may be applicable,
and
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(bb) such new source standards as may have been or may be
adopted by the Minnesota Pollution Control Agency for the area
where the installation or industry is proposed to be located.
(3) An installation permit shall not be issued to any
planned installation or industry referred to in section (2) with-
out the holding of public hearings concerning the location and
construction of such installation and industry. The Agency shall
request the Metropolitan Council in the case of site location in
the Minneapolis-St. Paul Air Quality Control Region, the Arrowhead
Regional Development Commission in the case of site location in
the Duluth-Superior Air Quality Control Region, the appropriate
Regional Commission in the case of site location in its respective
jurisdiction, and the State Planning Agency notwithstanding the
site location, to submit recommendations as to whether the site
location of the planned installation or industry is in accordance
with the long-ranged development plans and objectives of the respec-
tive agency or commission.
[July 7, 1969; amended June 5, 1970; amended February , 1972]
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CHAPTER FOUR: ARC 4
(51.5)
(51.6)
(51.7) APC 4 EMISSIONS LIMITATIONS FROM FUEL-BURNING EQUIPMENT USED
FOR INDIRECT HEATING
(a) General Provisions
(1) This regulation applies to fuel-burning installation
utilized for the primary purpose of producing steam, hot water,
hot air or other indirect heating of liquids, gases, or solids
where the products of combustion do not have direct contact with
process materials. Fuel includes coal, coke, lignite, coke breeze,
fuel oil, and wood, but does not include refuse. When any products
or by-products or a manufacturing process are burned for the same
purpose or in conjunction with any fuel, the same maximum emission
limitations shall apply.
(2) Heat content of coal shall be determined according to
American Society for Testing and Materials method D-271-64
Laboratory Sampling and Analysis of Coal and Coke or method
D-2015-62T Gross Calorific Value of Solid Fuel by the Adiabatic
Bomb Calorimeter, which publications are incorporated herein by
reference, or such other testing method as the Director may approve.
(3) As used herein "heat input" shall be the aggregate heat
content of all fuels whose combustion products pass through
a stack or stacks. The heat input value used shall be the equipment
manufacturer's or designer's guaranteed maximum input, whichever
is greater. The total heat input of all fuel-burning units at an
installation or on a premise shall determine the maximum allowable
amount of particulate matter emission.
(4) Particulate matter emission shall be measured according
to the American Society of Mechanical Engineers Power Test Code --
PTC -- 27 dated 1957 and entitled "Determining Dust Concentration
in.a Gas Stream," which publication is incorporated herein by refer-
ence, or other approved method conducted in accordance with good
professions practice, or such other testing as the Director may
approve.
(b) Air Contaminants
(1) Sulfur Oxides Emissions
(aa) No person in the Minneapolis-St. Paul AQCR shall
burn in any fuel-burning installation a fuel or blend of fuels
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whose sulfur content by weight exceeds the limitations of Schedule
A.
Schedule A:
Fossil fuel other than oil
(i) after June 1, 1972, 2.5% sulfur by weight
(ii) after June 1, 1974, 2.0% sulfur by weight
Oil
(i) after June 1, 1974, 2.0% sulfur by weight
(bb) No person within the Minneapolis-St. Paul AQCR shall
burn in any installations of greater than 250 million BTU/hour a
fuel or blend of fuels of greater sulfur content by weight than
given in Scheduel B.
Schedule B:
Fossil fuel other than oil
(i) after June 1, 1972, 2.0% sulfur by weight
(ii) after June 1, 1973, 1.5% sulfur by weight
Oil
(i) after June 1, 1974, 1.5% sulfur by weight
(cc) No fuel-burning installation of greater than 250
million BTU which is located outside the Minneapolis-St. Paul
AQCR shall burn a fuel or blend of fuels whose sulfur content is
greater than the limitations of Schedule A.
(dd) Any person who supplies fuels containing more than
0.5% sulfur by weight directly to a user for burning, shall keep
records as prescribed by the Director of the percent sulfur by
weight contained in such fuel by date delivered, quantity, and
to whom sold. These records shall be available for review by the
Agency.
(ee) Exceptions
The provision of Schedules A and B shall not apply
under the following conditions:
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(i) A variance has been granted by the Agency.
(ii) A person meets the limitation in Schedule C.
Schedule C:
(i) after June 1, 1973, 2.00 Ib. SO per million
BTU actual heat input
(ii) after June 1, 1974, 1.75 Ib. SO per million BTU
actual heat input
(2) Particulate Emissions
(aa) Provision for New Installations and Installations within
the Minneapolis-St. Paul AQCR and the City of Duluth.
(i) Regardless of stack number or height, the maximum
allowable emission for any stack, plant or installation shall
be 0.4 pound of particulates per million BTU.input.
(bb) Provision for Existing Installations and Installations
Outside the Minneapolis-St. Paul Air Quality Control Regions and
the City of Duluth.
(i) Regardless of stack number or height, the maximum
allowable emission for any stack, plant or installation shall be
0.6 pound of particulates per million BTU input.
(cc) Emissions of Particulate matter from the combustion
of fuel for indirect heating shall be limited by the provisions of
the American Society of Mechanical Engineers Standard No. APS-1 dated
June 15, 1966, "Recommended Guide for the Control of Dust Emission-
Combustion for Indirect Heat Exchangers." Figure 2 in such standard
as amended shall be used to estimate allowable emissions as amended
therein from a plant with a single stack. The appropriate correction
factor shall be applied to multiple stack plants or installations.
(3) Nitrogen Oxides Emissions
(aa) Limitation of Nitrogen Oxide Emissions shall be
Restricted to Air Quality Control Regions having a Priority I status.
(bb) No person shall cause or permit emissions of nitrogen
oxides in excess of 0.2 pound per million BTU input per hour
for new installations or in excess of 0.3 pound per million BTU
input per hour for existing installation from any gas fired boiler
having a capacity of 250 million BTU/hour or more.
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(cc) No person shall cause or permit emissions of nitrogen
oxides in excess of 0.3 pound per million BTU input per hour for
new installations or in excess of 0.4 pound per million BTU input
per hour for existing installations from any oil fired boiler having
a capacity of 250 million BTU/hour or more.
(dd) Nitrogen oxide testing shall be carried out by the
method described in the Federal Register, Vol. 36, No. 159,
dated August 17, 1971, and entitled "Standards of Performance for
New Stationary Sources," 466.6S, Method 7; or other test methodo-
logy approved by the Director.
(c) Smoke Indicators
It is recommended plants or installations burning solid
fuel or liquid fuels of Grades 5 or 6 (PS No. 300 or PS No. 400)
and having more than 1,000,000 BTU input capacity be equipped with
smoke indicators, mirrors, or similar approved devices to enable
the fireman to observe the breaching or the top of the stack or
stacks from the boiler room at all times, unless the top of the
stack is readily visible to the fireman from the boiler room with-
out the use of such devices. In plants where a fireman is not in
constant attendance in the boiler, and when the boilers fired
at one time aggregate more than 1,000 square feet of heating
surface the smoke indicators should be capable of sounding an
alarm or flashing a signal to attract the attention of the fire-
man. Any existing plant or installation which emits smoke of a
density greater than permitted by appropriate regulation shall
install such indicating devices.
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CHAPTER FIVE: APC 5
(50.1.1) APC 5 RESTRICTION OF EMISSION OF PARTICULATE MATTER FROM INDUSTRIAL
PROCESS
(a) General Provisions
(1) This regulation applies to any operation, process, or
activity except the burning of fuel for indirect heating where
the products of combustion do not directly contact process
materials, except refuse burning and process burning of
salvageable material.
(2) "Process weight" shall have the meaning ascribed to it
in regulation APC 2.
Process weight rate for continuous or lone-run steady-
state sources shall be the total process weight for the entire
period of continuous operation or a typical portion thereof,
divided by the number of hours or such period or portion there-
of. Process weight rate for cyclical or batch source shall be
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 operation during such period.
Where the nature of any process or operation or the design
of any equipment admits more than one interpretation of this
section, the interpretation resulting in the minimum allowable
emission value shall apply.
(3) Emission tests for determination of compliance with this
regulation shall follow the standards in American Society of
Mechanical Engineers Power Test Code — PTC -- 27 dated 1957
and entitled "Determining Dust Concentration in a Gas Stream"
or other approved method.
(b) Emission Limitations
(1) Except as provided in Section (b) (2) below, no person
shall cause, suffer, allow, or permit the emission of particulate
matter in any one hour from any source in excess of the amount
shown in Table 1 for the allocated process weight.
(2) The limitations established by Section (b) (1) shall not
require the reduction of particulate matter concentration, based
on the source gas volume, below the concentration specified in
Table 2 for such volume. The burden of showing the source gas
volume, including all factors and methods determining such volume,
•shall be on the person seeking to come within the provisions of
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this section.
(3) No person shall cause, suffer, allow, or permit the
emission of particulate matter from any source in a concentra-
tion in excess of 0.30 grain per standard cubic foot of exhaust
gases. Provisions of this subsection shall not apply to exist-
ing grey iron jobbing cupolas. For purposes of this regulation,
a jobbing cupola is defined as a cupola which has a single
melting cycle no more than ten hours in any consecutive 24 hours
and no more than 50 hours in any consecutive seven days.
(aa) All existing grey iron jobbing cupolas shall be
equipped with gas cleaning devices and so operated as to
remove 85 percent by weight of all the particulate matter in
the cupola discharge gases, or release not more than 0.4 grain
of particulate matter per standard cubic foot of discharge gas,
whichever is more stringent.
(bb) All gases, vapors, and gas entrained effluents
from such cupolas shall be incinerated at a temperature not less
than 1200 Fahrenheit for a period of not less than 0.3 seconds.
(4) Exceptions. A temporary operational breakdown or cleaning
of air pollution control equipment for any process are permitted
as exceptions to the provisions of Regulation APC 5 provided the
owner or operator immediately advises the Director of the
circumstances and outlines an acceptable corrective program. In
any event, no operation that may cause an immediate public health
hazard can be deemed an exception from this regulation.
(5) Any existing emission source which has particulate
collection equipment with a collection efficiency of 99 percent by
weight or any new emission source which is installed with
particulate collection equipment of 99.7 percent efficiency by weight
shall be considered as meeting the provisions of this regulation.
(6) Any emission source located outside of the Minneapolis-
St. Paul Metropolitan Area which has particulate collection
equipment with a collection efficiency of not less than 85 percent
by weight, and is located not less than one-fourth mile from any
residence or public roadway, and the operation thereof does not
create a suspended particulate concentration in the ambient air
beyond the property lines of the source of emission which is above
the ambient air quality standards, shall be considered as meeting
the provisions of this regulation.
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TABLE I
(7)
Process Weight
Rate
Lb/Hr.
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12.000
Tons/Hr.
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr.
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
1 i ' • ' • > > ' » •-T
Process Weight
Rate
Lb/Hr.
15,000
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
10.00
15,00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
' 60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
1
Rate of
Emission
Lb/Hr.
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to 60,000 Ib/hr
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shall be accomplished by use of the equation E-4.10 P°-67) ancj
interpolation and extrapolation of the data for process weight
rates in escess of 60,000 Ib/hr shall be accomplished by use of
the equation:
E=55.0 P°J1-40,
where E = rate of emission in Ib/hr and P = process weight rate in
tons/hr.
(8)
TABLE 2
Source Gas
Volume, SCFMa
7,000
or less
8,000
9,000
10,000
20,000
30,000
40,000
50,000
60,000
80,000
100,000
120,000
Concentration
GR/SCFb
0.100
0.096
0.092
0.089
0.071
0.062
0.057
0.053
0.050
0.045
0.042
0.040
Source Gas
Volume, SCFMa
140,000
160,000
180,000
200,000
300,000
400,000
500,000
600,000
800,000
1,000,000
or more
Concentration
GR/SCF0
0.038
0.036
0.035
0.034
0.030
0.027
0.025
0.024
0.021
0.020
aStandard cubic feet per minute (See "Definition" 16)
t>Grains per standard cubic foot.
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CHAPTER SIX: ARC 6
(50.1) ARC 6 PREVENTING PARTICULATE MATTER FROM BECOMING AIR-BORNE
(a) No person shall cause or permit the handling, use,
transporting, or storage of any material in a manner which
may allow avoidable amounts of particulate matter to become
air-borne.
(b) No person shall cause or permit a building or its
appurtenances or a road; or a driveway, or an open area to be
constructed, used, repaired, or demolished without applying all
such reasonable measures as may be required to prevent particu-
late matter from becoming air-borne. The Director may require
such reasonable measures as may be necessary to prevent particu-
late matter from becoming air-borne including, but not limited
to, paving or frequent clearing of roads, driveways and parking
lots; application of dust-free surfaces; application of water; ana
the planting and maintenance of vegetative ground cover.
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CHAPTER SEVEN: ARC 7
(51.9) APC 7 INCINERATORS
(a) General Provisions
(1) This regulation applies to any incinerator used to dispose
of refuse by burning or the processing of salvageable material by
burning. Notwithstanding definitions in other regulations, as used
in this regulation the word "refuse" includes garbage, rubbish,
trade waste, leaves, salvageable material and agricultural wastes.
The word "incinerator," as used in this regulation, includes
incinerators and other devices, structures, or contrivances used
to burn refuse or to process refuse by burning.
(2) The burning capacity of an incinerator shall be the
manufacturer's or designer's guaranteed maximum rate or such
acceptable other rate as is considered good engineering
practice.
(3) The amount of particulate matter emitted from any incinera-
tor shall be determined according to the American Society of
Mechanical Engineers Power Test Code -- PTC - 27 dated 1957 and
entitled "Determining Dust Concentration in a Gas Stream" or any
other method which is consistent with good professional practice.
The above publication is hereby made a part of this regulation
by reference. In calculating the amount of particulate matter in
stack gas, the loading shall be adjusted to 12 percent carbon
dioxide in the stack gas. The carbon dioxide produced by burning
of any liquid or gaseous fuel in the incinerator shall be excluded
from the calculation to 12 percent carbon dioxide. Emissions shall
be measured under maximum operation capacity or at any other
burning rate wherein emission of particulate matter is greater.
(b) Restriction of Emissions of Particulate Matter from Incinerators
(1) No person shall cause or permit the emission of particulate
matter from the stack or chimney of any incinerator in excess of
the following:
(aa) Incinerators with a maximum refuse burning capacity
of less than 200 pounds per hour, 0.3 grains of particulate matter
per standard dry cubic foot of exhaust gas.
(bb) Incinerators with a maximum refuse burning capacity of
200 to 2000 pounds per hour, 0.1 grains of particulate matter
per standard dry cubic foot of exhaust gas.
(cc) Incinerators with a maximum refuse burning capacity
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(2) All new incinerators and all existing incinerators to
be modified to meet the requirements of this regulation and
which are to burn type 2, 3, 4, 5, or 6 waste as classified by
the Incinerator Institute of America must be equipped with
auxiliary fuel burners of such capacity and design as to assure
a temperature in the secondary combustion chamber of at least
1200° F. for a sufficient time to prevent objectionable odor
emission.
(3) No incinerator shall be used for the burning of refuse
unless such incinerator is a multiple chamber incinerator.
Existing incinerators which are not multiple chamber incinerators
may be altered, modified or rebuilt as may be necessary to meet
this requirement. The Director may approve any other alteration
or modification to an existing incinerator if such be found by
him to be equally effective for the purpose of air pollution cont-
rol as a modification or alteration which would result in a
multiple chamber incinerator. All new incinerators shall be
multiple chamber incinerators, provided that the Director may
approve any other kind of incinerator if he finds in advance of
construction or installation that such other kind of incinerator
is as equally effective for purposes of air pollution control as
an approved multiple chamber incinerator.
Existing incinerators burning type 2 and type 3 waste
which are not multiple chamber incinerators and do not otherwise
meet the requirements of Section (far) (1) of this regulation shall
be modified or rebuilt in compliance with this section in accor-
dance with the schedule below. Existing incinerators burning type
4,5, or 6 waste require the specific approval of the Director.
Incinerators handling any garbage and organic waste must have
auxiliary fuel burners that maintain a minimum temperature of 1200°
F. for a minimum of .3 seconds retention time, or until odor emis-
sions are eliminated.
Rated Capacity Latest Date for Compliance
2000 Ibs/hr. or above 12 months from effective
date of regulation
1000 - 1999 Ibs/hr. 18 months from effective
date of regulation
500 - 999 Ibs/hr. 24 months from effective
date of regulation
all others 30 months from effective
date of regulation
(4) No person shall burn or cause or permit the burning of
refuse in any installation which was designed for the sole purpose
of burning fuel.
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CHAPTER EIGHT: APC 8
(51.13) APC 8 OPEN BURNING RESTRICTIONS
(a) Refuse burning restrictions
(1) No person shall dispose of refuse by open burning, or
cause, suffer, allow or permit open burning of refuse. In areas
where no refuse collection service is available on the effective
date of this regulation, as amended, open burning on residential
premises, of refuse originating from dwelling units on premises
shall not be in violation of this section until such refuse collec-
tion service becomes available, but no later than three years from
the effective date of this regulation, or at some earlier time as
hereinafter provided.
(2) Except as hereafter provided in this paragraph, where
any township, without regard to location, has a total population
of less than 2,500 persons according to the most recent official
state or federal census, finding of the Municipal Commission or
estimate of the Metropolitan Council, persons dwelling within said
township may dispose of refuse originating from dwelling units
on residential premises within said township by open burning on
said residential premises. However, persons dwelling within
those portions of such townships having a population density in
excess of 100 occupied dwelling units per square mile, as
determined by the Director or by the township government with
approval of the Director, shall be required to comply with all
provisions of this regulation, including but not limited to
subsections (a) (1) and (4). A dwelling shall be occupied for
the purposes of this regulation if it is occupied as either a
seasonal or a permanent dwelling.
Refuse originating from dwelling units shall include, for
the purposes of this section, household rubbish, leaves and other
natural matter, not including garbage and other putrescible solid
wastes, which emanate from a dwelling unit. Refuse from agri-
cultural operations shall not be disposed of by open burning under
this regulation, except as provided in subsection (d) (5).
(3) Without regard to location, where any township, having a
population in excess of 2,500 persons according to the most recent
official state or federal census, finding of the Municipal Commission
or estimate of the Metropolitan Council or any city, village, or borough,
without respect to the total population of said city, village, or borough,
has a population density of less than 100 occupied dwelling units per
square mile in a portion of said city, village, borough or township
is determined by the municipal government with approval
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of the Director, persons dwelling within said portion may dispose
of refuse originating from dwelling units on residential
premises by open burning on said residential premises upon
application by said city, village, borough or township and with
the approval of the Director. Said portions must be in excess
of 2 square miles of contiguous area. A dwelling shall be
occupied for the purposes of this regulation if it is occupied
as either a seasonal or a permanent dwelling.
Refuse originating from dwelling units shall include, for
the purposes of this section, household rubbish, leaves and other
natural matter, not including garbage and other putrescible solid
wastes, which emanate from a dwelling unit. Refuse from
agricultural operations shall not be disposed of by open burning
under this regulation, except as provided in subsection (d) (5).
(b) Prohibitions of Salvage Operations by Open Burning
(1) No person shall conduct, cause or permit the conduct
of a salvage operation by open burning.
(2) A salvage operation shall not constitute an installa-
tion within the meaning of APC 3.
(c) Restriction on Open Burning of Tree Leaves
The open burning of leaves is prohibited effective two months
after refuse collection service or a general solid waste manage-
ment system is available. Until such time, burning of leaves is
permitted only in containers meeting fire safety standards.
(d) Exceptions. Exceptions herefrom may be allowed upon
application and approval by the Director where accompanied by
the recommendation of the local fire marshal or other responsible
local official having jurisdiction thereof. Such burning shall not
be permitted, however, if contrary to other applicable laws,
ordinances and regulations. Exemption to conduct open burning under
the provisions of this regulation does not excuse a person from the
consequences, damages, or injuries which may result therefrom. In
areas in which open burning is permitted pursuant to this regulation,
persons seeking a permit to conduct open burning under paragraph (d),
subsections (2), (3) and (5), may obtain such a permit from a regular
forest officer or a town fire warden pursuant to Minnesota Statutes,
Sections 88.17 and 88.18, or a person designated by the County
Board of Commissioners. The Director shall be notified of the name
and address of such designated person before he may perform such
duties. Such notification shall be effective for one year from
the date of receipt by the Agency. Failure to comply with the
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provisions of paragraph (d), subsection (5) of this regulation
will constitute a violation of these regulations and render the
person subject to the legal remedies of the Agency, including
but not limited to the termination of the right of said person
to conduct open burning pursuant to paragraph (d), subsections
(2), (3) and (5). The following are exceptions for which
application may be made:
(1) Fires purposely set for the instruction and training of
public and industrial fire-fighting personnel.
(2) Fires set for the elimination of a fire hazard which
cannot be abated by any other practicable means.
(3) Fires purposely set for forest or game management in
accordance with practices recommended by the Minnesota Department
of Conservation, the Minnesota Department of Agriculture and
United States Forest Service.
(4) The burning of hydrocarbons which must be wasted through
the use of atmospheric flares.
(5) The burning of trees, brush, grass and other vegetable
matter in the clearing of land, right-of-way maintenance operat-
tions and agricultural crop burning is permitted under the following
conditions:
(aa) The prevailing winds at the time of burning must be
away from any municipality.
(bb) The location of burning must not be within 1,000 feet
of an occupied residence other than those located on the property
on which the burning is conducted.
(cc) Oils, rubber or other similar materials which produce
unreasonable amounts of air contaminants may not be burned.
(dd) The burning must not be conducted within 1,000 feet of
any highway or public road and, in any event, must be controlled so
that a traffic hazard is not created.
(ee) The burning must not be conducted within one mile of
any military, commercial, county, municipal, or private airport
or landing strip.
(ff) An exception to the prohibition and conditions of
paragraph (d) subsection (5) of this regulation may be granted
by the Agency or its designated agent.
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(6) Open fires for ground thawing for underground utility
repair and construction are allowed under the following
conditions:
(aa) Fires must be started with materials which do not
generate appreciable smoke.
(bb) Fuel used must be coke of less than one percent sulfur
content when the thawing site is within 500 feet .of dwellings or
occupied building. Coke of higher sulfur content may be used in
remote areas except under conditions where an air pollution alert
has been declared under provisions of Regulation ARC 15.
(cc) The ambient air quality for the sulfur dioxide
and carbon monoxide must not be exceeded downwind of the
thawing site.
(dd) Wherever possible, including but not limited to
spot repairs, propane gas thawing torches or other devices
causing minimal pollution shall be used.
(e) This regulation shall not be construed to allow open
burning in those areas in which open burning is prohibited by
other laws, regulations or ordinances.
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CHAPTER NINE: APC 9
(50.6) APC 9 CONTROL OF ODORS IN AMBIENT AIR
(a) Definitions. The following definitions shall apply in
the interpretation and enforcement of this regulation and the
following words and terms wherever they occur in this
regulation are defined as follows:
(1) Ambient air shall mean that portion of the atmosphere
external to buildings to which the general public has access.
(2) Odor concentration unit shall mean the number of standard
cubic feet of odor-free air needed to dilute each cubic foot of
contaminated air so that at least 50 percent of the odor con-
centration test panel does not detect any odor in the diluted
mixture.
(3) Odor emission rate shall mean the product of the number of
standard cubic feet per minute of air or other gases emitted
from a suspected odor pollution source and the number of odor
concentration units determined for that source.
(4) Odor source shall be defined as to include but not be
limited to any stack, chimney, vent, window, opening, lagoon,
basin, catch-basin, pond, open tank, storage, pile or any
organic or inorganic discharge and/or application which emits
odorous gas, gases or particulates.
(b) Odorous Air Pollution Prohibited. No person shall cause, permit
or allow emission into the ambient air of odorous air contaminants
in excess of the standards and parameters of section (c). Such
excessive emissions are air pollution in one or more of the ways
enumerated in Minnesota Statutes, Section 116.06, Subdivisions 2
and 3.
(c) Odor Emission Limits. Violation of APC 9 shall be any dis-
charge of air contaminants in excess of the following odor emission
limits:
(1) Odor sources emitting from well-defined stacks 50 feet or
more above grade elevation and with adequate dispersion characteris-
tics as determined by the Agency shall not emit odors in greater than
150 odor concentration units.
(2) Odor sources of less than 50 feet elevation above grade or
otherwise failing to create good dispersion conditions as determined
by the Agency shall not emit more than 25 odor concentration units.
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(3) No odor source shall have an odor emission rate in
excess of 1,000,000 odor concentration unit per minute.
(4) No odor source shall emit air contaminants into the
ambient air which cause odor outside the alleged polluter's
property line in excess of the following limitations:
(aa) One odor unit in areas zoned residential, recrea-
tional, institutional, retail sales, hotel or educational.
(bb) Two odor units in areas zoned light industrial.
(cc) Four odor units in areas zoned other than in sub-
sections (aa) and (bb) above.
(d) Odor Testing. Odor testing shall be conducted as follows:
(1) Odor tests shall be conducted by the Agency or under
Agency supervision and advisement.
(2) Odor test panel members shall be selected or approved by
the Agency.
(3) Ambient air samples containing the alleged odorous air
pollution obtained downwind and outside the property line of the
alleged polluter, and samples of the air contaminant from the odor
source allegedly causing the odorous air pollution shall be
obtained.
(4) Procedures for obtaining such samples and presenting such
samples to the test panel for tests shall be accomplished according
to American Society for Testing Materials Method D-1391-57, or by
other method described by D. M. Benforado, W. J. Rotella and D. L.
Morton, "Development of an Odor Panel for Evaluation of Odor
Control Equipment", Journal of the Air Pollution Control Association,
Volume 19, Number 2, Pages 101-105, February 1969; or by other
method approved by the Agency.
(5) All odor test panel members shall have a smell exposure
to determine the odor concentration of the alleged air contaminant
at the odor source and in the ambient air sample, and shall be
questioned as to whether the air contaminant in the ambient air sample
it contained in the sample obtained for the odor source of the
alleged discharger. All responses shall be recorded under oath
and notarized.
(e) Equipment Breakdown. No person shall operate any process,
process equipment, fuel-burning equipment or refuse-burning
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equipment when such process or equipment is out of repair and
causing or permitting odorous air pollution. Emissions violating
this regulation as a direct result of upset conditions in, or
breakdown of any process, process equipment, fuel-burning equip-
ment, or control equipment or related operating equipment beyond
the control of the person owning or operating such equipment,
shall not be deemed to be in violation of this regulation,
provided that the owner or operator advises the Agency of the
circumstanced within 24 hours of the breakdown, and outlines a
corrective program within 7 days of the breakdown. The Agency
may permit operation on a temporary basis during the period of such
an emergency shutdown not to exceed 30 days from the breakdown
if such operation will not create an immediate serious public health
or safety hazard. No equipment as defined above shall be operated
which has an unreasonable breakdown frequency as determined by
the Agency.
(f) Agri-business Exception. The odor of growing vegetation
shall not be considered odorous air pollution. The odor of
domestic (organic) fertilizer, industrial (inorganic) fertilizer,
and pesticides shall not be considered odorous air pollution if
such substances are used effectively according to their intended
purposes and application. The open storage (piling) of such
materials shall be accomplished in a nuisance-free manner and in
compliance with the regulations of federal, state and local
government and their regulatory agencies.
(g) Compliance with the provisions of this regulation shall not
operate as a defense to an action at law based upon a public and/
or private nuisance theory.
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CHAPTER TEN: APC 10
(50.6) APC 10 CONTROL OF ODORS FROM PROCESSING OF ANIMAL MATTER
(51.21)
(a) General
(1) For purposes of this regulation the word "reduction" is
defined as any heated process, including rendering, cooking,
drying, dehydrating, digesting, evaporating, and protein con-
centrating. Animal matter is defined as any product or
derivative of animal life.
(2) The provisions of this regulation shall not apply to any
device, machine, equipment, or other contrivance used exclusively
for the processing of food for human consumption in food service
establishments.
A food service establishment shall include: any fixed or
mobile restaurant; coffee ship; cafeteria; short-order cafe;
luncheonette; grill; tearoom; sandwich ship; soda fountain;
tavern; bar; cocktail lounge; night club; roadside stand;
industrial feeding establishment; private, public or nonprofit
organization or institution routinely serving food; catering
kitchen, commissary, or similar place in which food or drink is
placed for sale or for service on the premises or elsewhere; and
any other eating or drinking establishment or operation where food
is served or provided for the public with or without charge.
(b) Odor control equipment required on reduction processes
No person shall operate or use any device, machine, equipment
or other contrivance for the reduction of animal matter unless
all gases, vapors, and gas-entrained effluents from such facility
are incinerated at a temperature of not less than 1500° F. for
a period of not less than 0.3 second, or processed in such
manner as determined by the Director to be equally or more
effective for the purpose of air pollution control.
A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install
and maintain, in good working order and in operation, devices as
specified by the Director for indicating temperature, pressure.
or other operating conditions.
(c) Other odor control measures required
(1) Effective devices and measures shall be installed and
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operated such that no vent, exhaust pipe, blow-off or opening
of any kind shall discharge into the outdoor air any odorous
matter, vapors, gases, dusts, or any combination thereof
which create odors or other nuisances in the neighborhood of
the plant.
(2) Odor-producing materials shall be stored and handled
in such a manner that odors produced from such materials are
confined. Accumulation of odor-producing materials resulting
from spillage or other escape is prohibited.
(3) Odor-bearing gases, vapors, fumes or dusts arising
from materials in process shall be confined at the point of
origin so to prevent liberation of odorous matter. Confined
gases, vapors, fumes or dusts shall be treated before
discharge to the atmosphere, as required in subsection (c) (1).
(d) Enclosure of building may be required
Whenever dust, fumes, gases, mist, odorous matter, vapors, or
any combination thereof escape from a building used for process-
ing of animal matter in such manner and amount as to cause a
violation of Regulation ARC 9, the Director may instruct that
the building or buildings utilized for processing, handling
and storage be tightly closed and ventilated so that all air,
and gases and air or gas-borne material are treated by incinera-
tion or other effective means before discharge into the open
air.
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CHAPTER ELEVEN: APC 11
(5.0.1.2) APC 11 RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
(a) Smoke restrictions applicable to existing installations
including boats and ships except existing incineration'. No
person shall cause or permit the emission of smoke or any other
air contaminant which has a shade or density:
(1) Darker than No. 3 on the Ringelmann Smoke Chart or of
such opacity as to obscure an observer's view to a degree equal
to or greater than smoke of No. 3 Ringelmann density.
(2) Darker than No. 2 on the Ringelmann Smoke Chart but
less than No. 3 on said chart, if such emission continues for
longer than 4 minutes in the aggregate in any 60-minute period,
or of such opacity as to obscure an observer's view to a degree
equal to or greater than smoke of No. 2, but less than No. 3
Ringelmann density during such period.
(3) Darker than No. 1 on the Ringelmann Smoke Chart but
less than No. 2 on said chart, if said emission continues for
longer than 4 minutes in the aggregate in any 30-minute period,
or of such opacity to obscure an observer's view to a degree
equal to or greater than smoke of No. 1, but less than No. 2
Ringelmann density during such period.
The density of smoke or other air contaminant shall be
measured at the point of its emission, except, when the point of
emission cannot be readily observed, measurement shall be made at
the nearest observable point on the plume from the point of
emission origin.
(b) Smoke restrictions applicable to new installations and all
incinerators. No person shall discharge into the atmosphere
from any single source of emission whatsoever any air contaminant
which has a shade or density:
(1) Darker than that designated as No. 1 on the Ringelmann
Smoke Chart; or
(2) Of such opacity as to obscure an observer's view to a
degree greater than smoke described in subsection (b) (1) of
this regulation.
(c) Exceptions.
(1) A person may discharge into the atmosphere from any single
source of emission for a period or periods aggregating not more
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than 4 minutes in any 60 minutes air contaminants of a shade
or density:
(aa) Not darker than No- 2 on the Ringelmann Smoke
Chart; or
(bb) Of such opacity as to obscure an observer's view
to a degree not greater than does smoke described in subsection
(c) (1) (aa) of this regulation.
Where the presence of uncombined water is the only reason
for failure of an emission to meet the requirements of section
(a) or (b) of this regulation, such sections shall not apply.
the provisions of this regulation shall not apply to:
(i) Transfer of molten metals;
(ii) Emissions from transfer ladles;
(iii)Coke ovens when pushing coke from oven;
(iv) Water quenching of coke on discharge from ovens;
(v) Existing grey iron jobbing cupolas as defined in
Regulation APC 5; and
(vi) Blast furnaces during slips.
(2) A temporary operational breakdown of any equipment, install-
ation or facility may be permitted by the Agency to be an exception
to the provisions of Regulation APC 11 provided the owner or
operator immediately advises the Director of the circumstances and
outlines an acceptable corrective program. A temporary breakdown
of less than 15 minutes duration is an exception to the provisions
of Regulation APC 11 and need not be reported. No equipment,
installation or facility shall be operated which has an unreasonable
breakdown frequency as determined by the Director. In any event,
no operation that may cause an immediate public health hazard shall
be deemed an exception from this regulation.
(d) Ringelmann Smoke Chart. The Ringelmann Smoke Chart shall
mean and include any of the following:
(1) The Ringelmann Smoke Chart with instructions for use
(Information Circular 8333, May, 1967, Rev. of 1C 7718) as
published by the U. S. Bureau of Mines;
(2) The Ringelmann Smoke Chart, photographically reduced to
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1/19th in size and known as Power's Microringelmann Chart,
copyright 1954 by McGraw-Hill Publishing Company; and
(3) Such other method or apparatus for determining smoke
density or opacity as the Agency may approve.
[July 7, 1969; amended September 14, 1971; amended February, 1972]
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CHAPTER TWELVE: ARC 12
(12.0)
(50.1.2) ARC 12 EMISSION OF VISIBLE AIR CONTAMINANTS FROM VEHICLES
AND OTHER INTERNAL COMBUSTION ENGINES
(a)(l) No person shall cause or permit the emission of
visible air contaminants from any internal combustion engine
other than a diesel cycle engine for more than 10 consecutive
seconds.
(2) No person shall cause or permit the emission of
visible air contaminants from any diesel cycle engine in excess
of 20 percent opacity or No. 1 Ringelmann for engines produced
prior to January 1, 1973, and in excess of 10 percent opacity
or No. 1/2 Ringelmann for engines produced after January 1, 1973,
for more than 10 consecutive seconds.
(b) Where the presence of uncombined water is the only reason
for failure of an emission to meet the requirements of this
regulation, the provisions of this regulation shall not apply.
(c) No person shall intentionally remove, alter or otherwise
render inoperative, exhaust emission control, crankcase
ventilation or any other air pollution control device which has
been installed as a requirement of federal law or regulation.
(d) No person shall operate a motor vehicle originally equipped
with air pollution control devices as required by federal law or
regulation unless such devices are in place and in operating
condition.
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CHAPTER THIRTEEN: ARC 13
(51.16) ARC 13 REQUIREMENTS FOR CONSTRUCTION OF NEW GASOLINE STORAGE
FACILITIES
(a) General
For purposes of this regulation, the term "gasoline" is defined
as petroleum distillate having a Reid vapor pressure of four
pounds or greater. The term "submerged fill pipe" is defined as
any fill pipe the discharge opening of which is entirely sub-
merged when the liquid level is six inches above the bottom of the
tank. "Submerged fill pipe" when applied to a tank which is loaded
from the side is defined as any fill pipe the discharge opening
of which is entirely submerged when the liquid level is 18 inches
above the bottom of the tank.
(b) Petroleum Storage Tanks.
After the effective date of this regulation, no person shall build
or install or permit the building or installation of any station-
ary tank, reservoir or other container of more than 65,000 gallons
capacity which will or might be used for storage of any petroleum
distillate having a vapor pressure of 2.5 pounds per square inch
absolute or greater under actual storage conditions, unless such
tank, reservoir or other container is to be a pressure tank
capable of maintaining working pressure sufficient at all times to
prevent hydrocarbon vapor or gas loss to the atmosphere or is
designed, and will be built, and equipped with one of the follow-
ing vapor loss control devices:
(1) A floating roof which may be either pontoon or double deck
type that will rest on the surface of the liquid contents and is
equipped with a closure seal, or seals, closing any space between
the roof edge and the tank wall or an internal floating cover or
other device equally effective. The control equipment required
by this subsection (b) (1) is not permitted if the gasoline or
petroleum distillate to be stored will have a vapor pressure of 12.5
pounds per square inch absolute or greater under actual storage
conditions. All tank gauging and sampling devices shall be
gas-tight except while gauging or sampling.
(2) A vapor recovery system which includes a vapor-gathering
system capable of collecting the hydrocarbon vapors and gases
discharged and a vapor disposal system capable of processing such
hydrocarbon vapors and gases that will prevent their emission to
the atmosphere. All tank gauging and sampling devices shall be
gas-light except while gauging or sampling.
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(3) Other equipment or means of equal efficiency for
purposes of air pollution control.
(c) Submerged Fill Pipes Required
After the effective date of this regulation, no person shall
build or install or permit the building or installation of a
stationary gasoline storage tank with a capacity of 250 gallons
or more unless such tank is equipped with a permanent sub-
merged fill pipe or is a pressure tank as described in sub-
section (b) (1) of this requlation, or is fitted with a vapor
recovery system as described in subsection (b) (1) of this
reaulation.
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CHAPTER FOURTEEN: ARC 14
(50.7) ARC 14 EMISSION OF CERTAIN SETTLEABLE ACIDS AND ALKALINE
SUBSTANCES RESTRICTED
(a) General Provisions
This regulation shall apply to all emissions form any sources
or premises.
(b) Method of Measurement
(1) In determining compliance with this regulation, fall-
out sampling devices shall consist of circular glass dishes 15
centimeters in diameter which shall be supported on a nearly
horizontal surface not larger than the dish. The dish bottom
shall be at least three feet above the earth or other surface
on which its support is resting and the dish shall be coated
with a solution of thymol blue, ammonia water solution and
gelatin dried to a yellow color in a vacuum oven at room
temperature; prepared dishes shall be stored in a desiccator
at 40 percent relative humidity, or in plastic bags.
(2) Fallout sampling devices shall be placed at one or
more locations beyond the premises on which a source or
sources are located, up-wind and down-wind of such premises.
The sampling devices shall be exposed to substances settling
out of the ambient air for a period of one hour. The presence
of red-colored spots on the gelatin indicates that acidic sub-
stances have settled out of the air while the presence of blue-
colored spots on the gelatin indicates that alkaline substances
have"settled out of the air. The number of spots visible on
samplers exposed up-wind of premises to be subtracted from the
number of spots visible on samplers exposed down-wind of the
same premises. The difference in the number of spots, if any
shall be construed to be attributable to emissions occurring
on the premises under investigation.
(3) In lieu of the test methods specified in"(b) (1) and (2),
any other method approved by the Director may be used.
(c) Emissions Restricted
No person shall cause or permit the emission from any source or
premises of substance having acidic or alkaline properties in such
amounts that the down-wind fall out rate of acidic or alkaline
substances at any place where an adverse effect could occur, the
up-wind fallout rate by five or more spots per hour, measured in
the manner prescribed in Section (b) of this regulation.
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CHAPTER FIFTEEN: ARC 15
(51.18) ARC 15 SULFURIC ACID PLANT EMISSIONS
(a) New Installations
(1) No person shall cause or allow the discharge into the
atmosphere of sulfur dioxide emissions in excess of 4 pounds per
ton of acid produced.
(2) No person shall cause or allow the discharge into the
atmosphere of acid mist emissions in excess of 0.15 pound per
ton of acid produced, maximum 2 hour average, expressed as
H2S04.
(b) Existing Installations
(1) No person shall cause or allow the discharge into the
atmosphere of sulfur dioxide emissions in excess of 6.5 pounds
per ton of acid produced.
(2) No person shall cause or allow the discharge into the
atmosphere of acid mist emissions in excess of 1.70 pounds per
ton of acid produced, maximum 2 hour average, expressed as
H2S04.
(c) Exceptions
The procedure for reporting breakdowns or shutdowns shall
be outlined in APC 3 (a) (5). In any event, no operation that may
cause an immediate public health hazard shall be deemed an
execption for this regulation.
[July 7, 1969; amended February , 1972]
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CHAPTER SIXTEEN: ARC 16
(51.10) ARC 16 NITRIC ACID MANUFACTURING PLANTS EMISSIONS
(a) New Installations
No person shall cause or allow the discharge into the
atmosphere of nitrogen oxides in excess of 310 pounds per ton of
acid produced, maximum 2 hour average, expressed as nitrogen
dioxide.
(b) Existing Installations
No person shall cause or allow the discharge into the
atmosphere of nitrogen oxides in excess of 5.5 pounds per ton of
acid produced, maximum 2 hour average, expressed as nitrogen dioxide.
(c) No person shall cause or permit a visible nitrogen oxides
emission into the atmosphere.
(d) Exceptions
The procedure for reporting breakdowns or shutdowns shall be
as outlined in APC 3 (a) (5). In any event, no operation that may
cause an immediate public health hazard shall be deemed an exception
from this regulation.
(e) Method of Measurement
Nitrogen oxide testing shall be carried out by the method
described in the Federal Register, Vol. 36, No. 159, dated August
17, 1971, and entitled "Standards of Performance for New Stationary
Sources," 466.6S, Method 7; or other test methodology approved by
the Director.
[February , 1972]
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FEDERALLY PROMULGATED
REGULATIONS
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(14.0) 52.1224 GENERAL REQUIREMENTS.
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the
Agency responsible for making emission data available to the
public, as specified in the applicable plan, concerning emissions
from any source subject to emission limitations which are part
of the approved plan may request that the appropriate Regional
Administrator obtain and make public such date. Within 30 days
after receipt of any such written request, the Regional Administra-
tor shall require the owner or operator of any such source to sub-
mit information within 30 days on the nature and amounts of
emissions from such source and any other information as nay be
deemed necessary by the Regional Administrator to determine
whether such source is in compliance with applicable emission
limitations or other control measures that are part of the
applicable plan.
(2) Commencing after the initial notification by the
Regional Administrator pursuant to paragraph (b) (1) of this
section, the owner or operator of the source shall maintain
records of the nature and amounts of emissions from such
source and any other information as may be deemed necessary by
the Regional Administrator to determine whether such source is
in compliance with applicable emission limitations or other
control measures that are part of the plan. The information
recorded shall be summarized and reported to the Regional
Administrator, and shall be submitted within 45 days after the
end of the reporting period. Reporting periods are January 1-
July 30, and July 1,-December 31,
(3) Information recorded by the owner or operator and copies
of this summarizing report submitted to the Regional Administrator
shall be retained by the owner or operator for 2 years after the
date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of station-
ary sources will be correlated with applicable emission limitations
and other control measures that are part of the applicable plan
and will be available at the appropriate regional office and at
other locations in the state designated by the Regional Administrator.
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(10.0) 52.1225 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to. commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod- .
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(i i i) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4).
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvabil'ity 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: Stata
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1234 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
. eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 ' 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of "parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in subr
paragraph (3) (ii) (d)' of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall "be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the .Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act .(42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least cne location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information .is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the.Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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