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.
                                 -2-

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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]
                                       -3-

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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.
                                              -4-

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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).
                                  -5-

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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,
                                  -6-

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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
                                -9-

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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
                                 -10-

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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
                                 -11-

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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
                                 -12-

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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
                                 -13-

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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]
                                 -14-

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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
                                               -15-

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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:
                                 -16-

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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.
                                  -17-

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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
                                          -21-

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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.
                                     -22-

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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.
                                              -39-

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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]
                                               -43-

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FEDERALLY PROMULGATED
    REGULATIONS
           -44-

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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
                             -47-

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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.
                        -49-

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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
                             -50-

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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
                             -51-

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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
                             -52-

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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)
                             -66-

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