U.S. DEPARTMENT, OF COMMERCE
                                   National Technical Information Service
                                   PB-290 273
Air Pollution  Regulations  in State
Implementation Plans:  Mississippi
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                                  290273
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-074
August 1978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Mississippi
      REPRODUCED BY
      NATIONAL TECHNICAL

      INFORMATION SERVICE
       U S DEPARTMENT OF COMMERCE
        SPRINGFIELD. V/V. 22161

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-074
4. TITLE AND SUBTITLE
 Air Pollution  Regulations in State  Implementation i
•Plans: Mississippi
             3. RECIPIENT'S ACCESSION>NO.

                PB  £402-73
                :POBT riATE  I
             5. REPORT DATE
               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
IS. 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 duality 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.lDENTIFIERS/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	
                                              2O. SECURITY CLASS (This page)

                                                 Unclassified
                                                                         22. PRICE'
EPA Form 2220-1 (9-73)

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                                  EPA-450/3-78-074
     Air  PDilution  Regulations
in  State  Implementation  Plans:

                 Mississippi
                        by

                 Walden Division of Abcor, Inc.
                  Wilmington, Massachusetts
                  Contract No. 68-02-2890
                 EPA Project Officer: Bob Schell
                      Prepared for

             J.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-450/3-78-074
                                  11

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                             INTRODUCTION
     This document has been produced in compliance with Section 110(n)(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 vyidely 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

                              MISSISSIPPI
SUBMITTAL

5/4/72
APPROVAL

5/31/72
DESCRIPTION

Appendix C Sec. 2,
Sec. 8 App. G;
delete S0? Reg. Sec.
4 in App. C.
                          FEDERAL REGULATIONS
SECTION NO.

52.1276


52.1277

52.1280

7106-117 is disapproved
        DESCRIPTION

        Review of New or Modified Indirect
        Sources

        Public Availability of Emission Data

        Prevention of Significant Deterioration

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                        DOCUMENTATION OF  CURRENT EPA-APPROVED
                           STATE AIR POLLUTION  REGULATIONS
                           REVISED  STANDARD SUBJECT INDEX
 1.0   DEFINITIONS
 2.0   GENERAL  PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0   REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
 4.0   AIR  QUALITY STANDARDS  (PRIMARY AND  SECONDARY)
      4.1    PARTICULATES
      4.2    SULFUR DIOXIDE
      4.3    NITRIC OXIDES
      4.4    HYDROCARBONS
      4.5    CARBON MONOXIDE
      4.6    OXIDANTS
      4.7    OTHERS
 5.0   VARIANCES
 6.0   COMPLIANCE SCHEDULES
 7.0   EQUIPMENT MALFUNCTION  AND MAINTENANCE
 8.0   EMERGENCY EPISODES
 9.0   AIR QUALITY  SURVEILLANCE AND SOURCE TESTING
10.0   NEW SOURCE PERFORMANCE STANDARDS
11.0   NATIONAL EMISSIONS  STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0   MOTOR VEHICLE  EMISSIONS AND CONTROLS
13.0    RECORD KEEPING AND REPORTING
14.0    PUBLIC AVAILABILITY OF DATA
15.0    LEGAL AUTHORITY AND ENFORCEMENT
16.0   HEARINGS, COMPLAINTS,  AND INVESTIGATIONS
17.0   PREVENTION OF SIGNIFICANT DETERIORATION
18.0   AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0   POLLUTANT - SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1.1  PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                           VI

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS  (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING  (includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID  PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE  BURNERS
       51.21  MISCELLANEOUS  TOPICS
                                          VII

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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(50.1)
(50.1.2)
(50.1.2)
(50.7)
(51.5)
(51.14)
(51.21) .
(51.13)
(51.9)
(9.0)
(2.0)
(50.2)
(51.6)
(51.21)
(50.0)
(50.7)
Section
Number
-
Section 1
Section 2
Section 3
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
. Section 3.7
Section 3.8
Section 3.9
Section 3.10
Section 4
Section 4.1
Section 4.2
Section 5
Section 5.1
STATE REGULATIONS
Title
Air Quality Regulations for the
Prevention, Abatement and Control
of Air Contaminants
General
Definitions
Specific Criteria for Sources of
Parti cul ate Matter
Smoke
Equivalent Opacity
General Nuisances
Fuel Burning
Kraft Process Recovery Boilers
Manufacturing Processes
Open Burning
Incineration
Sampling Ports
More Restrictive Emission Limits
Specific Criteria for Sources of
Sulfur Compounds
Sulfur Dioxide Emissions from
Fuel Burning
Sulfur Dioxides Emissions from
Processes
Specific Criteria for Sources of
Chemical Emissions
Fluorides
Page
1
1
1
4
4
4
4
5
5
5
6
7
7
7
8
8
8
10
10
       VIII

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Revised Standard     Section
Subject Index
(50.7)
(10.0)
(2.0)
(9.0)
(3.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(3.0)
(2.0)
(1.0)
(2.0)
(3.0)
(3.0)
(3.0)
(9.0)
(13.0)
Number
Section 5.2
Section 6
Section 7
Section 8
—
1.1
1.2
1.3
1.4
1.5
1.6
1.7-
1.8
2.0
2.1
2.2
2.3
2.4
2.5
2.6
2.7
Title
Miscellaneous Chemical Emissions
New Sources
Exceptions
Testing Methods
Permit Regulations for the Con-
struction and/or Operation of Air
Emissions Equipment
General Requirements
Existing Facility
Standards for Granting Permit
to Operate
Tolerance Permit
Emission Reduction Schedule
Renewal of Permit to Operate an
Existing Facility
Suspension or Revocation of Permit
to Operate
Transfer of Permit
New Facility
Definitions
Preliminary Information Requirements
Application for Permit to Construct
New Facility
Application Review
Performance Evaluation Permit
Performance Testing
Performance Evaluation Report
Page
10
10
10
13
14
14
15
16
16
17
18
*
19
19
19
19
20
20
21
23
25
25
                                            IX

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Revised Standard
Subject Index
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(3.0)
(13.0)(9.0)
(9.0)
(13.0)
(5.0)
(8.0)
(2.0)
(1.0)
(8.0)
(2.0)
(8.0)
Revised Standard
Subject Index
Section
Number
2.8
2.9
3.0
4.0
4.1
4.2
4,3
5.0
5.1
5.2
6.0
-
Section 1
Section 2
Section 3
Section 4
Section 5
FEl
Section
Number
(10.0)
                       Title                            Page
                  Emissions Reduction Schedule           26
                  Permit to Operate                      28
                  Permit System Change Over              29
                  Renewal of Permit to Operate           30
                  Procedures for Renewal  of Permit
                  to Operate                             30
                  Standards for Renewal of Permit
                  to Operate                             30
                  Tolerance Permit                       30
                  Inspection and Emission Reporting
                  Requirements                           31
                  Inspection                             31
                  Emission Reporting                     32
                  Exclusions and Variances               32
                  Regulations for Prevention of Air
                  Pollution Emergency Episodes           34
                  General                                34
                  Definitions                            34
                  Episode Criteria                       34
                  Emission Control Action Programs       36
                  Emergency Orders                       37
       FEDERALLY PROMULGATED REGULATIONS

                        Title                           Page
52.1276           Review of New or Modified Indirect
                  Sources                                59

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Revised Standard     Section
  Subject Index      Number

      (14.0)         52.1277
      (17.0)         52.1280
      Title                           Page

Public Availability of Emission
Data                                   69

Prevention of Significant
Deterioration                          70
                                            XI

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                        MISSISSIPPI  AIR AND  WATER  POLLUTION

                                 CONTROL  COMMISSION
(2.0)          AIR QUALITY  REGULATIONS  FOR  THE  PREVENTION, ABATEMENT,  AND  CONTROL
              OF AIR CONTAMINANTS.

(2.0)          SECTION 1.   GENERAL

              1.  Authority.   Pursuant to  the  authority  granted  by  Section
         7106-116, Mississippi  Code of 1942, Recompiled, the following  regulations
         are adopted for  the  purpose of preventing,  abating, and controlling  air
         pollution caused  by  air contaminants  being  discharged into the atmos-
         phere as particulates, smoke, fly ash,  solvents, and other chemicals or
         combinations thereof.

              2.  Exceptions.   Where these regulations require a degree or
         degrees of emission  abatement which is  currently not attainable  with
         existing equipment now commercially available or with existing
         technology or where  control equipment is  so costly that the process
         would have to be  terminated rather than comply, the Commission may
         grant a variance  provided  that the excessive emissions  which result  are
         not being actively challenged as  a nuisance by  the proximate neighbors
         to the operation and where no endangerment exists  to human, plant,  or
       •  animal life.  Where  such challenges are made, or such endangerment
         exists, the Commission will have  no choice  but  to  enforce these  regula-
         tions.  As technological advancements are made  in  the field of those
         operating under  variances  of  this section,  the  person holding  such
         a variance will  be required to comply with  the  standards as set  forth
         in this set of regulations.

(1.0)          SECTION 2.   DEFINITIONS

              The terms used  in the regulations  shall, unless the context
         otherwise requires,  have the  following meanings:

              1.  "Ambient air."  The  emcompassing atmosphere existing  in the
         matter of space  and  to which  life of  this earth is adapted. For the
         purposes of these regulations, that  portion of  the atmosphere  outside
         of buildings, stacks, and  ducts.

              2.  "Air cleaning device."  Any  method, process or equipment
         which removes, .reduces or renders less  noxious  air contaminants
         discharged into  the  atmosphere.
                                             -1-

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     3.  "Air contaminant."  Particulate matter,  dust,  fumes,  gas,
mist, smoke, or vapor, or any combination thereof produced by  processes
other than natural.

     4.  "Air contamination."  The presence in the outdoor ambient  air
of one or more air contaminants which contribute  to a condition of  air
pollution.

     5.  "Air contamination source."  Any source  at, from, or  by reason
of which there is emitted into the ambient air any air  contaminant,
regardless of who the person may be who owns or operates  the building,
premises, or other property in, at or on which such source is  located,
or the facility, equipment or other property by which the emission  is
caused or from which the emission comes.

     6.  "Air contaminant point source."  Any single point of  emission
of any air contaminant such as from an individual  machine or
combustion device.

     7.  "Air pollution."  The presence in the outdoor  ambient air  of
one or more air contaminants in quantities, of characteristic, and  of
a duration which are materially injurious or can  be reasonably expected
to become materially injurious to human, plant, or animal  life or to
property or which unreasonably interfere with enjoyment of life or  use
of property, throughout the State or throughout such area of the State
as shall be affected thereby.

     8.  "Atmosphere."  The air that envelops  or surrounds the earth.
Synonymous with ambient air.

     9.  "Commission."  The Mississippi Air and Water'Pollution Control
Commission.

     10.  "Fly ash."  Particulate matter capable  of being gasborne  or
airborne or carried in the gas stream and consisting essentially of ash,
fused ash, and/or unburned material.

     11.  "Ground level."  Unless otherwise specified in  sampling
techniques, will be considered to be in the range of one  to twenty  (20)
feet of ground level.  For ambient sampling, it shall also be  outside
the boundaries of the property which contains the air pollution source.

     12.  "Incinerator."  A combustion device specifically designed for
the destruction by high temperature burning of solid, semi-solid,
liquid, gaseous combustible wastes and from which the solid residues
contain little or no combustibles.

     13.  "Modification."  Any physical change in, or change in the
method of operation of, an affected facility which increases the amount
                                    -2-

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of any air pollutant emitted by such facility or which results  in
the emission of any air pollutant not previously emitted,  except that:

          (1)  Routine maintenance,  repair and replacement
               shall not be considered physical  changes,  and

          (2)  An increase in the production rate or hours of
               operation shall  not be considered a change  in
               the method of operation.

     14.  "Multiple chamber incinerator."   Any article, machine,
equipment, contrivance, structure, or any  part thereof used to  dispose
of combustible refuse by burning, which consists of three  or more
refractory line combustion furnaces  in series, physically  separated by
refractory walls, interconnected by gas passage points or  ducts and
employing adequate design parameters necessary for maximum combustion
of the material to be burned.

     15.  "Open burning."  Any burning of  combustible materials or any
fire from which the products of combustion are emitted directly into
the open air without passing through a stack or chimney.

     16.  "Particulate matter."  Any material, except uncombined water,
that exists in a finely divided form as a  liquid or solid.

     17.  "Person.".  The State or other agency,  or institution  thereof;
any municipality, political subdivision, public or private corporation,
individual, partnership, association, or other entity, and includes
any officer or governing or managing body  of any municipality,  political
subdivision, or public or private corporation.

     18.  "Plan documents."  Reports, proposal,  plans, preliminary plans,
surveys, bases of design data, general and detail construction  plans,
profiles, specifications and other information pertaining  to the installa-
tion or modification of equipment and/or facilities.

     19.  "Process weight."  The total weight of all materials  introduced
into a source operation including solid fuels and water.   Liquids and
gases used solely as fuels and air introduced for the purposes  of
combustion are excluded.

     20.  "Ringelmann Chart."  The chart (Information Circular  No. 8333)
published by the U.S. Bureau of Mines, or  the latest revision,  on which
are illustrated graduated shades of gray to black for use  in estimating
the light obscuring capacity of smoke.

     21.  "Standard conditions."  Standard conditions for  gas measure-
ment and calculation will be a temperature of 60 degrees  Fahrenheit and
a pressure of 14.7 pounds per square inch  absolute.
                                    -3-

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              22.   "Smoke."   Small  gas-borne  particles  resulting  from  incomplete
         combustion and  consisting  predominantly,  but not  exclusively,  of  carbon,
         ash,  and  other  combustible material.

              23.   "Soot."   Agglomerated  particles consisting  mainly of carbon-
         aceous material.

              24.   "Total  reduced sulfur,  (TRS)."   Means hydrogen sulfide,
         mercaptans, dimethyl  sulfide,  dimethyl  disulfide,  and any other
         organic sulfides  present.

(50.1)         SECTION 3.   SPECIFIC  CRITERIA  FOR  SOURCES OF PARTICIPATE
                          MATTER.

(50.1.2)       1.  Smoke

              (a)   No person shall  cause,  permit,  or  allow the emission of
         smoke from a point  source  into the  open air  from  any  manufacturing,
         industrial, or  commercial  process or from any  waste disposal  process
         of which  the shade  is darker than number  two (2)  on the  Ringelmann
         Smoke Chart.

              (b)   Start-up  operations  may produce darker  emissions for up to
         fifteen (15) minutes  per startup in any  one hour and not to  exceed
         three (3) start-ups per stack  in  any twenty-four  (24) hour day.

              (c)   Tolerance may be granted  for  a  darker emission resulting
         from  emergency  or breakdown conditions, provided  that prompt  remedial
         action is initiated and the Commission  is notified.

              (d)   Emissions resulting  from  soot blowing operations shall  be
         permitted provided  such emissions do not  exceed a shade  of appearance
         of a  Ringelmann No. 3 on the Ringelmann Smoke  Chart,  and provided
         further that the  aggregate duration  of  such  emissions during  any
         twenty-four (24)  hour period does not exceed ten  (10) minutes  per
         billion BTU gross heating  value  of  fuel in any one hour.

(50.1.2)       2.  Equivalent Opacity.  No  person shall  cause,  allow, or permit
         the discharge into  the ambient air  from any  point source or emission
         whatsoever, any air contaminant  of  such opacity as to obscure  an
         observer's view to  a  degree in excess of  40% opacity, equivalent  to
         that  provided «in  Section 3 (la).  This  shall  not  apply to vision
         obscuration caused  by uncombined  water  droplets.

(50.7)         3.  General  Nuisances.  No  person  .shall cause, permit, or allow
         the emission of particles, or  any contaminants in sufficient  amounts
         or of such duration from any process as to be  injurious  to humans,
         animals,  plants,  or property,  or to  be  a  public nuisance, or  create
         a condition of  air  pollution.
                                            -4-

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              (a)   No  person  shall  cause  or permit  the  handling  or  trans-
         porting  or storage of any  material  in  a manner which  allows  or may
         allow unnecessary amounts  of particulate matter  to  become  airborne.

              (b)   When  dust,  fumes,  gases,  mist, odorous matter, vapors,  or
         any combination thereof escape from a  building or equipment  in such
         manner and amount as  to cause a  nuisance to  property  other than that
         from which it originated or  to violate any other provision of this
         regulation, the Commission may order such  corrected in  a way that all
         air and  gases or air  and gas-borne  material  leaving the building  or
         equipment are controlled or  removed prior  to discharge  to  the open air.

              (c)   No  person  shall  cause,  permit, or  allow the emission from
         any processes,  particulate fallout  to  exceed background levels by
         5.25 grams/meter squared/month if such fallout occurs on property
         other than that from  which the fallout originated.

(51.5)         4.   Fuel Burning

              (a)   Fossil Fuel Burning.   The maximum  permissible emission  of
         ash and/or particulate matter from fossil  fuel burning  installations
         shall conform to the  line  shown  in  Fiqure  1.

              (b)   Combination Boilers.   Fuel burning operations utilizing a
         maximum  of combustibles such as,  but not limited to,  fossil  fuels plus
         bark, oil plus  bark,  or spent wood, or water treatment  by  products
         sludge,  may be  allowed emission  rates  up to  0.30 grains per  standard
         dry cubic foot.

(51.14)        5.   Kraft  Process Recovery  Boilers.   The  emissions of particulate
         matter from a recovery furnace stack shall not exceed four (4) pounds
         per ton  of equivalent air  dried  kraft  pulp produced at  any given  time.

(51.21)        6.   Manufacturing Processes.

              (a)   General.   Except an otherwise specified,  no person shall
         cause, permit,  or allow the  emission from  any  manufacturing  process,  in
         any one  hour from any point  source, particulate  matter  in  total
         quantities in excess  of the  amount  shown in  Table 1.

              Conveyor discharge of coarse solid matter may  be allowed if  no
         nuisance is created  beyond the property boundary where  the discharge
         occurs.

              (b)   Kraft Pulping Mills.   All mills  existing  prior to  adoption  of
         this regulation and  not modified subsequent  thereto shall  comply  with
         the following emission limits:
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              (1)   Recovery Furnaces.   The emission  of participate matter
         from recovery furnace stacks  shall  not exceed four (4)  pounds  per
         ton of equivalent air-dried kraft pulp.

              (2)   Lime Kilns.   The emission of particulate matter from
         lime kilns shall  not exceed one pound  per ton of equivalent
         air-dried  kraft pulp.

              (3)   Smelt Tanks.   The emission of particulate matter from
         smelt tanks shall not exceed  one-half  pound per ton of  equivalent
         air-dried  kraft pulp.

(51.13)        7.  Open Burning.   The production or emission of dense smoke or
         the open burning of garbage, 'rubbish,  domestic waste, commercial  or
         industrial, is prohibited, except as follows:

              (a)   Fires set for recognized agricultural  and/or  forestry
         practices.

              (b)   Fires set for the training of fire control  personnel.

              (c)   Fires set for prevention of  a fire hazard that would
         otherwise  endanger human or animal  life where no safe alternative
         is possible.

              (d)   Fires set for recreational purposes unless  prohibited by
         local ordinances and restrictions.

              (e)   Fires set for the backyard reduction of leaves on the
         premises on which they fall unless prohibited by local  ordinances
         and restrictions.

              (f)   Fires used to dispose of waste resulting from storm  damage.

              (g)   Fires set for clearing land  as provided by law.

              (h)   Fires used for cooking of food for human beings.

              (i)   Approved safety flares to consume oil  field or related
         waste products.

              (j)   The Commission may  grant approval  for flares  used during
         the production testing of oil  and gas  wells provided the Commission
         is notified in advance and data is submitted and approved showing that
         air quality standards will not be exceeded.

              (k)   The Commission may  grant approval  for the direct incineration
         of oil field waste products.   The Commission must be notified  at least
                                            -6-

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         twenty-four  (24)  hours  before  the  prescribed  request,  and  burning
         must  meet at least  the  following conditions:

              (1)   The location  of  the  burning must  not  be within or  adjacent
         to  a  city or town or in such proximity  thereto  that  the ambient  air
         of  the  city  or town may be affected  by  smoke  from the  burning.

              (2)   The burning may  be conducted  only between  the hours 8:00
         A.M.  and  5:00 P.M., and the duration of the burning  should not last
         over  45 minutes.

              (3)   The burning must be  so controlled as  not to  create a hazard.

              (4)   The Commission may grant approval for fires  set  for open
         burning practices approved by  the  Commission.

(51.9)         8.  Incineration.   The maximum  discharge of particulate matter
         from  any  incinerator shall not exceed 0.2 grain per  standard dry
         cubic foot of fuel  gases calculated  to  twelve percent  (12%)  carbon
         dioxide by volume for products of  combustion.   This  limitation shall
         apply when the incinerator is  operating at  design capacity.

              The  carbon dioxide produced by  combustion  of any  auxiliary  fuels
         shall be  excluded from  the calculation  to twelve percent  (12%) carbon
         dioxide.   After the adoption of these regulations, any new equipment
         shall be  of  the multiple chambered type or  its  equivalent  for emission
         control.   In critical areas where  an installation is in close proximity
         of  a  residential  area,  an  incinerator shall be  limited to  emissions of
         0.1 grain per standard  dry cubic foot of flue gases  calculated to twelve
         percent (12%) carbon dioxide by volume  for  products  of combustion.

(9.0)          9.  Sampling Ports

              (a)   New Equipment:  The  owner  or  operator of any new air pollution
         control equipment,  vented  to the atmosphere,  shall have necessary sampl-
         ing ports and ease  of accessibility  after the adoption of  these  regula-
         tions.

              (b)   Existing  Equipment:   The owner or operator of air  pollution
         control equipment that  is  in existence  prior  to the  adoption of  these
         regulations  shall provide  the  necessary sampling ports and ease  of
         accessibility when  deemed  necessary  by  this Commission and a reasonable
         time  will be allowed to comply.

(2.0)          10.   More Restrictive Emission  Limits.   The Commission  reserves
         the right to prescribe  or  establish  more restrictive emission limits as
         is  deemed necessary in  problem area. The expansion, alteration, or
         establishment of a  new industry may  also result in more restrictive
         emission  limits than herein prescribed.
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(50.2)        SECTION 4.   SPECIFIC CRITERIA FOR SOURCES OF SULFUR COMPOUNDS

(51.6)        1.   Sulfur  Dioxide Emissions from Fuel  Burning

              (a)  The maximum discharge of sulfur oxides  from any fuel
         burning  installation in which the fuel is burned  primarily to
         produce  heat or  power by indirect heat transfer shall  not exceed
         4.8 pounds (measured as sulfur dioxide) per  million BTU heat input.

              (b)  No person shall cause or permit the burning of fuel  in any
         fuel  burning equipment that results in an average emission of sulfur
         dioxide  from any calendar year at a rate greater  than was emitted
         by said  fuel burning equipment for the corresponding calendar year.
         1970  unless otherwise authorized by the Commission.   Installations under
         construction at  the time of adoption of this regulation are excluded
         from  this  requirement.

              (c)  The maximum discharge of sulfur dioxide from any modified
         fuel  burning unit whose generation capacity  is less  than 250 million
         BTU per  hour and in which the fuel  is burned primarily to produce heat
         or power by indirect heat transfer shall  not exceed  2.4 pounds
         (measured  as sulfur dioxide)  per million BTU heat input.   "Modification"
         shall  mean any physical  change in an Air Contaminant Source which
         increases  emitted by such source or which results in the emission of
         any air  pollutant (to which a standard applies) not  previously  emitted.

(51.21)        2.   Sulfur  Dioxides Emissions From Processes

              (a)  Except as otherwise provided herein, no person shall
         cause or permit  the emission of gas containing sulfur oxides
         (measured as sulfur dioxide) in excess of 2,000 ppm (volume) from
         any existing process equipment, or in excess of 500 ppm (volume)
         from any new process equipment.  The 500 ppm (volume) requirement shall
         apply for new equipment unless otherwise provided by the Commission.

              (b)  Except as otherwise provided in paragraph 3(f)-l no person
         shall cause or permit the emission of any gas stream which contains
         hydrogen sulfide in excess of one grain per  100 standard cubic feet.

              Gas streams containing hydrogen sulfide in excess of one grain
         per 100 standard cubic feet shall be incinerated at temperatures of
         not less than 1600  F. for a  period of not  less than 0.5 seconds,
         or processed in such manner as to be equally or more effective for
         removing hydrogen sulfide.

              Sulfur dioxide concentrations in the gas streams resulting from
         such incineration or processing shall not exceed 2000 ppm (volume).   This
         sulfur  dioxide  limitation may be met by reduction of the hydrogen sulfide
         concentration prior to  incineration or processing or by subsequent
                                             -8-

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processing to remove the sulfur dioxide generated in excess of this
emission limitation.

     Sulfur dioxide emissions in excess of 2000 ppm from such incinera-
tion or processing will be permitted if it can be demonstrated to the
Mississippi Air and Water Pollution Control Commission that such emiss-.
ions will not cause the Air Quality Standard to be exceeded.  The con-
duct of said demonstration must be approved by the Commission or its
representatives and must include but may not be limited to, two or more
sulfur dioxide monitors of an approved type installed at approved loca-
tions.  The Commission's representatives shall be afforded the opportun-
ity to calibrate and check the performance of the monitors without
prior notification of the owner.  Testing to determine the productive
capacity of new fields shall be exempted from the emission limitation
provisions of this paragraph of the regulation providing such testing
has been previously negotiated and approved by the Mississippi Air and
Water Control Commission.

     This regulation shall not apply to sulfur recovery plants.

     (c)  No person shall cause or permit acid mist emissions from
sulfuric acid manufacturing plants to exceed 0.5 pounds/ton of acid
produced.  Sulfur trioxide  emissions from sulfuric acid manufacture
are not to exceed 0.2 pounds/ton of acid produced.

     (d)  No person shall cause or permit emissions of sulfur oxides,
calculated as sulfur dioxide, from a sulfur recovery plant to exceed
0.12 pounds per pound of sulfur processed.

      (e)   No person shall  cause or  permit  emissions  of sulfur oxides,
 calculated as  sulfur dioxide,  from  primary nonferrous  smelters  to
 exceed  that set forth according to  the  following  equations.
          Copper smelters
          Zinc smelters
          Lead smelters
Y = °'2X  n fl5
Y = 0.564X°-s:j
Y = 0.98X °-77
     Where  X  is  the  total sulfur fed to the smelter in pounds/hour
and  Y  is  the  allowable sulfur emissions in pounds/hour.

     (f)  Kraft  Pulping Mills.  All mills existing prior to adoption
of this regulation and not modified subsequent thereto shall comply with
the  following emission limits:

     (1)  Recovery Boilers.  The emission of TRS from all recovery
furnace stacks shall not exceed two pounds of sulfur per ton equivalent
air-dried kraft  pulp, or from each recovery furnace stack seventy ppm,
expressed as  hydrogen sulfide on a dry gas basis, whichever is the most
restrictive.
                                    -9-

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              (2)   Non-condensibles.   Non-condensibles  from digester systems,
         multipied-effect evaporators,  and  similar Kraft mill  gas  streams,  shall
         be treated to reduce the emission  of TRS  equal  to the reduction
         achieved  by thermal  oxidation  in a kiln followed by alkaline scrubbing.

(50.0)         SECTION 5.   SPECIFIC CRITERIA FOR SOURCES  OF CHEMICAL  EMISSIONS

(50.7)         1.   Fluorides.   No person shall  allow the  emission of  fluorides
         into the  ambient air to exceed four-tenths (0.4) pounds per ton  of
         ?2^5 or equivalent.   The allowable emission of fluorides  shall be
         calculated by multiplying the  unit emission, specified above,  times
         the expressed design production capacity  of the installation or  plant,

 (50.7)        2.   Miscellaneous Chemical  Emissions.  No  person shall  cause,
         permit, or allow the emission  of toxic, noxious, or deleterious
         substances, in addition to those considered in  these regulations,  into
         the ambient air in concentrations  sufficient to affect human health and
         well-being, or unreasonably interfere with the  enjoyment  of property
         or unreasonably and adversely  affect plant or  animal  life beyond the
         boundaries of the property containing the air  pollution source.

(10.0)         SECTION 6.   NEW SOURCES

              The  provisions of this section apply to the owner or operator
         of any source listed herein, the construction  or modification  of
         which is  commenced after the date  of adoption  of specific emission
         limitations applicable to such source.

              1.   Kraft Pulping Mills.   All sources shall minimize gaseous
         and particulate emissions by use of modern equipment, devices,
         maintenance, and operating practices  in accordance with best current
         technology.  In no case shall  emissions exceed  the limits set  forth
         in any applicable Federal Standard of Performance for New Stationary
         Sources.

(2.0)         SECTION 7.   EXCEPTIONS

                   If any single source of  emission or  combination of sources  of
         emission  be found to compromise the ambient air quality in  the State,
         beyond the limitations set forth in any national primary  and secondary
         ambient air quality standards  now  or hereafter  established  by  the  Admin-
         istrator  of the Environmental  Protection  Agency pursuant  to the  Clean
         Air Act as amended December 31,  1970 (Public Law 91-640), not  with-
         standing  compliance with any maximum allowable  emission rate allowed  by
         this regulation, the Mississippi Air and  Water  Pollution  Control Commis-
         sion may  require such further  reduction in emissions from this or  these
         sources as is necessary to obtain  compliance with said national  primary
         and secondary ambient air quality  standards.
                                           -10-

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                      TABLE I



ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE
Process
Weight
Lb/Hr
TOO
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
Input
Rate or
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
Process Input
Weight Rate
Lb/Hr or
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000

Tons/Hr
8
9
10
15
20
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000

Rate of
Emission
Lfa/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
44.4
48.6
52.5
56.4
63.7
70.6
77.3 t
89.7.
264.0
420.0
876.0

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         Exemptions from Rules and Regulations

     Emissions occurring during major upsets may not
be required to meet the allowable emission levels set by
the Rules and Regulations upon proper notification if a
determination is made by'the Exectuive Director after
consultation with appropriate local  agencies that the
upset conditions were unavoidable and that a shutdown or
other correction actions were taken as soon as practicable.

     Emissions occurring during start-up or shutdown
of processes for maintenance purposes or during periods
of maintenance may not be required to meet the allowable
emission levels set by the Rules and Regulations if so
determined by the Executive Director upon proper notifi-
cation.  The Executive Director may specify the amount,
time, and duration of emissions that will be allowed during
start-up and shutdown and during periods of maintenance.
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(9.0)          SECTION 8.   TESTING METHODS

              Testing to  determine compliance with the preceding regulations
         shall  be done in accordance with the test methods  and procedures
         as approved by the Environmental Protection Agency.
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                       MISSISSIPPI AIR AND WATER  POLLUTION

                                CONTROL COMMISSION
(3.0)          PERMIT  REGULATIONS  FOR THE CONSTRUCTION AND/OR
              OPERATION  OF AIR  EMISSIONS EQUIPMENT

                                  APC-S-2,  1970
                               Adopted May 11,  1972

(2.0)          1.1   General Requirements

                   Pursuant  to  the authority granted by Section 7106-116,
         Mississippi  Code of 1942, Recompiled,  it shall be unlawful for any
         person  to  build, erect,  alter, replace, use or operate any equipment
         which will cause the issuance of air contaminants unless he holds a
         permit  from  the Mississippi Air and Water Pollution Control Commission,
         except  repairs  or maintenance of equipment for which a permit has been
         previously issued.

                   It is the direct responsibility of each and every industry,
         operation  or facility, existing or  proposed which emits or conceivably
         will  emit  dust, fumes, mist, smoke, particulars  matter,  vapor,  gas  or
         any  combination thereof, regardless of quantity, to make application
         for  and secure  the  proper permit, or permits, as described in the
         following  sections  of  this regulation.
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(2.0)          1.2   Existing  Facility

              1.2.1   Definitions

              "Existing facility."   Any equipment,  machines,  devices,  articles,
         contrivances or installations, built,  installed  or erected  prior to
         May 11,  1972, that  emits dust, fumes,  mist,  smoke, other  particulate
         matter,  vapor, gas  or any  combination  thereof from the  same process or
         related  operation.

              1.2.2  Application  for Permit to  Operate an Existing
         Facility.

              1.2.2.1  For those  facilities having  previously submitted  an
         Application for Permit to  Operate an  Existing Facility  or currently
         hold a valid permit issued under Regulation  APC-S-2, adopted  May 8,
         1970, see Section 3.0.

              1.2.2.2  The application must be  submitted  on the  form supplied
         by the Mississippi  Air and Water Pollution Control Commission.

              1.2.2.3  A separate application  for a Permit to Operate  an
         Existing Facility shall  be submitted  for each existing  facility.

              1.2.2.4  Each  application must be signed by the applicant,  The
         signature of the applicant shall constitute  an agreement  that the
         applicant assumes the responsibility  for any alterations, additions
         or changes in operation  than may be necessary to achieve  and  maintain
         emission standards  or compliance with  any  other  applicable  regulations.

              1.2.2.5  An application for a permit  to operate an existing
         facility must be submitted within sixty (60) days from  the  effective
         date of this regulation.

              1.2.2.6  Failure to make application  for a  permit  to operate an
         existing facility within the sixty (60) day  period shall  be considered
         a violation of the  Mississippi Air and Water Pollution  Control  Act
         and all  violators shall  be subject to  prosecution.

              1.2.2.7  Under no circumstances  shall an extension be  granted for
         the submission of an application to operate  an existing facility.

              1.2.2.8  The Mississippi Air and  Water  Pollution Control Commission
         may require additional information from the  applicant in  the  event the
         application does not clearly define the points or sources of  emissions.

              1.2.2.9  Upon written request by  the  Mississippi Air and Water
         Pollution Control Commission the applicant shall furnish  the  necessary
         information to clearly and adequately  define the points or  sources of
                                            -15-

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         emission or supply any other information determined necessary by
         the Mississippi  Air and Water Pollution Control  Commission,

(3.0)     1.3  Standards for Granting Permit to Operate

              1.3.1   Any existing facility that can  adequately demonstrate,
         either by stack emissions data or by acceptable  mathematical  methods,
         or by visible emissions evaluation, or by a combination  of these
         methods, as described in Section 2.6 and 2.7, the emissions  from their
         facility do not exceed the emission standards as defined in  regulation
         APS-S-1, as amended January 19, 1972, and can also adequately demon-
         strate that the operation of their facility will  not interfere with the
         attainment and maintenance of the National  Ambient Air Quality Standards
         will  be granted a three (3) year permit to  operate, provided  the
         requirements of Section 1.5 have also been  met.

              1.3.2  Those existing facilities that  cannot meet the requirements
         of the preceding section shall  be granted a Tolerance Permit  and given
         a reasonable amount of time to comply with  the requirements  of Section
         1.3.1.

(3.0)     1.4  Tolerance Permit

              1.4.1   A Tolerance Permit shall  be issued to an existing facility
         that either employs inadequate air pollution control  equipment or
         through the operation of said facility is interfering with the
         attainment and maintenance of the National  Ambient Air Quality Standards,

              1.4.2  A Tolerance Permit shall  supersede and cause to  expire
         all previously issued permits to that facility.

              1.4.3  A Tolerance Permit shall  set forth a definite time limit
         for achieving and maintaining compliance with emission standards and
         all other rules and regulations of the Mississippi Air and Water
         Pollution Control Commission.

              1.4.4  Under no circumstances shall this time limit extend beyond
         July 31, 1975 for existing facilities.

              1.4.5  Within sixty (60) days from the issuance date of the
         Tolerance Permit it shall be the responsibility of the facility to
         present to the Mississippi Air and Water Pollution Control  Commission,
         an approvable implementation schedule setting forth the  type  of equip-
         ment and proposed dates of installation in  order to achieve  compliance
         with the rules and regulations of the Mississippi Air and Water
         Pollution Control Commission.

              1.4.6  Those facilities failing to submit an approvable  implementa-
         tion schedule within the prescribed sixty (60) days will be  issued  an
         implementation schedule by the Mississippi  Air and Water Polution Control
                                            -1.6-

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        Commission.   In no  instance will an  implementation schedule written
        by  the Mississippi  Air and Water Pollution Control Commission
        extend beyond eighteen (18) months for total compliance with Section
        1.3.1 of  this regulation.

              1.4.7  A facility operating under a  Tolerance Permit will be
        required  to submit  periodic reports  the the Mississippi Air and
        Uater Pollution Control Commission describing the work accomplished
        and the proposed work to be completed.

              1.4.8  The frequency of these periodic reports shall be deter-
        mined by  the Mississippi Air and Water Pollution Control Commission at
        the time  the  implementation schedule is submitted.  However, the
        maximum reporting interval shall not exceed six  (6) months.

              1.4.9  Upon completion of  the proposed installation, alteration
        or  modifications, the applicant shall be  responsible for submitting
        performance data as stated in Section 2.6 or Section 2.7.

             1.4.10  Should  performance  data  fail  to prove the air pollution
        control equipment adequate, the applicant shall  be granted a ninety
        (90)  day  extension, if said extension does not extend July 31, 1975,
        to  install or modify the necessary additional control equipment.

             1.4.11  At the  end of this  ninety (90) day extension, the applicant
        shall again be charged with the responsibliity to prove adequacy by
        performance testing as described in  Section 2.6  and 2.7.

             1.4.12  Failure to be in compliance after this ninety (90) day
        period shall  constitute a per day violation by the operation of the
        adequate  facility and the applicant  subject to prosecution under the
        Mississippi Air and Water Pollution  Control Act.

             1.4.13  A facility operating under a  Tolerance Permit and having
        met the requirements of Section 1.3.1 will be issued written notifica-
        tion of approval and their Tolerance Permit caused to expire and
        replaced  by a three-year Permit to Operate.

(2.0)    1.5  Emission Reduction Schedule

              1.5.1  Within  one hundred  and twenty (120)  days following the
        effective date of this regulation, it shall be the responsibility of
        each and  every existing facility emitting in excess of 0.25 tons per  day,
        total air contaminants and other significant sources, to supply the
        Mississippi Air and Water Pollution  Control Commission with an emissions
        reduction schedule  which shall  set forth  preplanned abatement strategies
         in  the event  an emergency episode does arise.
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              1.5.2   Required  Information

              1.5.2.1   The  emissions  reduction  schedule must  have  three  (3)
         stages  of reduction procedures:   (1) Alert  level  reduction;   (2)
         Warning level  reduction;  and (3)   Emergency level  reduction.

              1.5.2.2  Each level  of  reduction  procedures  must  show the  type
         and  source  of  air  contaminants, the amount  of reduction of contamin-
         ants, the time required  to reduce and the  manner in which reduction
         will  be achieved.

              1.5.3   The emissions reduction schedule shall fae  subject to
         review  and  approval by the Mississippi  Air  and Water Pollution  Control
         Commission.

              1.5.4   An unacceptable  emissions  reduction schedule  shall  be
         returned to the applicant along with the  Mississippi Air  and  Water
         Pollution Control  Commission's reasons for  denial.

              1.5.5   The applicant shall have not  more than thirty (30)  days to
         amend a disapproved emissions reduction schedule  to  conform with the
         emission reduction standards as set forth by the  Mississippi  Air and
         Water Pollution Control  Commission.

              1.5.6  Any person aggrieved  by the requirements to amend an emissions
         reduction sche'dule shall  be  entitled to a hearing.

              1.5.7   Should an applicant fail to submit an emission reduction
         schedule within the allowable time period or fail  to submit an  amended
         preplanned  strategy,  the Mississippi Air  and Water Pollution  Control
         Commission  will  establish or revise said  plan to  cause it to  meet the
         standards as set forth by the Mississippi Air and Water Pollution Control
         Commission.

              1.5.8   Such established or revised preplanned strategies will
         thereafter  be  the  preplanned strategies which the applicant will put
         into effect upon the  issuance of  an appropriate order  by  the  Mississippi
         Air  and Water  Pollution  Control Commission.

(3.0)     1.6   Renewal of Permit to Operate an Existing Facility

              1.6.1   A  permit  to  operate shall  expire three (3) years  from the
         issuance date  of said permit.

              1.6.2   Not less  than ninety  (90)  days  prior  to  the expiration date
         of the  permit  to operate, the applicant will make application for renewal
         of a permit to operate if the applicant desires to continue operation of
         that facility.
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              1.6.3  The application  for renewal  of  a  permit  to  operate
         will  be substantiated  with current  emissions  data, test results  or
         reports or other data  as  deemed necessary.

              1.6.4  The procedures shall  then  be followed as described  in
         Section 4.0.

(3.0)     1.7  Suspension or Revocation  of Permit  to  Operate

              1.7.1  A permit to operate may be suspended or  revoked by  the
         Mississippi Air and Water Pollution Control Commission  for the  willful
         or continued violation of rules and regulations.

              1.7.2  A permit to operate may be suspended or  revoked for not
         complying with orders  to  reduce emissions during an  air pollution
         episode or by violating any  provisions made a part of the permit to
         operate.

              1.7.3  A permit to operate shall  be suspended if a facility
        ceases  operation 'for a  period of eighteen (18) months or more.

              1.7.4  Suspension or revocation of a permit to  operate shall
         become final  ten (10)  days after notification by the Mississippi
         Air. and Water Pollution Control Commission.

              1.7.5  A permit to operate which  has been revoked  shall  be
         surrendered forthwith to  the Mississippi Air  and Water  Pollution Control
         Commission.

(3.0)     1.8  Transfer of Permit

              1.8.1  Any attempt to transfer a  permit  to operate to another
         owner or another source will automatically  revoke  the permit.

              1.8.2  A facility operating under a valid permit to operate may
         change locations and operate under  the same permit if and only  if all
         other parameters (i.e. process weight) are  left unchanged and the
         Commission approves this  action.

              1.8.3  A facility wishing to relocate  must inform the Mississippi
         Air and Water Pollution Control Commission  at least  ninety  (90) days
         prior to relocation.

(2.0)     2.0  New Facility

(1.0)          2.1  Definitions

              2.1.1  "New Facility."  Any equipment, machines, devices,  articles,
         contrivances or installations, built or erected on or after May 11,  1972,
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         or any existing  facility modified,  repaired  or rebuilt  on  or after
         said  date that emits  dust,  fumes, mist,  smoke, or other  particulate matter,
         vapor, gas or any combination  thereof from the same  process  or related
         operation.

(2.0)     2.2  Preliminary Information  Requirements

              2.2.1  Not  less  than thirty (30) days prior  to  the submission
         of an application for a permit to construct  a  new facility,  a pre-
         liminary engineering  study must be  submitted to the  Mississippi Air
         and Water Pollution Control Commission for review.

              2.2.2  The  preliminary study shall  be conducted by a  professional
         engineer registered in the State of Mississippi.

              2.2.3  The  preliminary study must include a  discussion  of the
         operation, the possible points of emissions, type of emissions, process
         weight values or pounds per hour capacity or some definite proposed in-
         put and output production values.

              2.2.4  If a preliminary  study  is rejected, the  Mississippi Air and
         Water Pollution  Control Commission  shall notify the  applicant in  writing
         as to the reasons for denial.

              2.2.5  If a preliminary  study  is denied,  the applicant  may re-
         submit the study noting the changes in design  as  noted  by  the Mississippi
         Air and Water Pollution Control Commission.

              2.2.6  The  Mississippi Air and Water Pollution  Control  Commission
         reserves the right to waive the requirements of Section 2.2  for
         certain types of facilities.

(3.0)     2.3  Application for  Permit to Construct New Facility

              2.3.1  The  application must be submitted  on  the form  supplied by
         the Mississippi  Air and Water Pollution  Control Commission.

              2.3.2  A separate application  must  be submitted for each new
         facility.

              2.3.3  Each application  must bear the signature and registration
         number of the professional  engineer responsible for  the design or review
         of the new facility.

              2.3.4  The  professional  engineer approving the  design of the new
         facility must be registered in the  State of  Mississippi.

              2.3.5  The  registered professional  engineer  by  this signature
         shall assume responsibility for the design of  the new facility.
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              2.3.6   Each  application must be  signed by the applicant.  The
         signature of the  applicant  shall constitute an agreement that the
         applicant assumes the  responsibility  for any alterations, additions
         or  changes  in operation  that may be necessary to achieve and maintain
         emission standards or  compliance with any other applicable regulations.

              2.3.7   An application  for  permit to construct a new facility must
         be  submitted and  approved prior to the  start of actual construction or
         installation.

              2.3.8   Failure to apply for a permit to construct a new facility
         or  the  premature  start of construction  without the written consent of
         the Mississippi Air and  Water Pollution Control Commission shall
         constitute  a violation of the Mississippi Air and Water Pollution
         Control Act and all  violators shall be  subject to prosecution.

              2.3.9   Information  Required

              2.3.9.1   Each application  for permit to construct a new facility
         must be accompanied by two  (2)  complete sets of site drawings, con-
         struction drawings, design  calculations and specifications.

              2.3.9.2  Upon written  request by the Mississippi Air and Water
         Pollution Control Commission, the applicant shall furnish any additional
         information necessary  to evaluate the design adequacy of the new faci-
         lity.

              2.3.9.3  All construction  drawings and plan descriptions must be
         approved and stamped by  the registered  professional engineer whose
         name appears on the application for permit to construct a new facility.

(3.0)     2.4  Application  Review

              2.4.1   The Mississippi Air and Water Pollution Control Commission
         shall  act within  ninety  (90) days on  an application for permit to
         construct a new facility.

              2.4.2   If the new facility is deemed inadequate in regard to the
         rules and regulations  of the Mississippi Air and Water Pollution Control
         Commission, the applicant shall be notified in writing describing the
         reasons for permit denial.

              2.4.3   The applicant shall then  be allowed to submit the corrected
         designs to  the Mississippi  Air  and Water Pollution Control Commission
         for their review.

              2.4.4   If the application  and  proposednew facility is found to be
         adequate  in regard to  the rules and regulations of the Mississippi Air
         and Water Pollution Control Commission, the applicant shall be so notified
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and a permit to construct issued.

     2.4.6  Standards for Approving Applications to Construct
a New Facility.

     2.4.6..1  A new facility shall be designed and constructed so as
to operate without causing a violation of the rules and regulations
set forth by the Mississippi Air and Water Pollution Control
Commission.

     2.4.6.2  A new facility shall be designed and constructed so as
to operate without interfering with the attainment and maintenance of
the National Ambient Air Quality Standards.

     2.4.6.3  A new facility shall be designed and equipped in
accordance with the latest control technology in order to reduce
emissions to a minimum where reasonable and practical or otherwise
required.

     2.4.6.4  The construction of a new facility shall be performed
in such a manner so as to reduce both point source and fugitive dust
emissions to a minumum.

     2.4.6.5  A new facility, if so required by the Mississippi Air and
Water Pollution Control Commission, shall be provided with:

     (a)  Sampling ports as stipulated by the Mississippi Air and
          Water Pollution Control Commission

     (b)  Safe access to each port, and

     (c)  Instrumentation to monitor and record emissions data.

     2.4.7  Cancellation of Permit to Construct a New Facility

     2.4.7.1  The Mississippi Air and Water Pollution Control Commission
may revoke approval to construct should construction not begin within
one (1) year from the date of issuance or should construction be suspend-
ed for one (1) year or more.

     2.4.7.2  An applicant may request an extension of the expiration
date by stating in writing the reasons for an extension.

     2.4.7.3  An extension for approval to construct will not be granted
for more than six (6) months.

     2.4.8  Certification of Construction
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              2.4.8.1   Upon  the  completion  of  construction or  installation of
         an  approved  facility, the  registered  professional engineer who
         approved  the design of  said  construction  or  installation  shall  notify
         the Mississippi Air and Water  Pollution Control Commission that
         construction or installation was performed in accordance  with the
         approved  plans and  specifications  on  file with  the Mississippi  Air  and
         Water Pollution Control  Commission.

              2.4.8.2  Should the registered engineer who approved the design
         of  said construction or installation  not  be  in  a capacity or position
         to  certify construction, a letter  stating the reasons why must  accompany
         the certification of construction  by  the  engineer so  certifying con-
         struction.

              2.4.8.3  Should it become necessary  to  make minor  field adjustments
         in  the previously approved plans and  specifications for a facility,  it
         is  required  that these  changes or  corrections be brought  to the
         attention of the Mississippi Air and  Water Pollution  Control Commission
         prior to  construction certification.

              2.4.8.4  Should the construction or  installation of  a new  facility
         not be in accordance with  the  approved plans and specifications on  file
         with the  Mississippi Air and Water Pollution Control  Commission,  this
         shall be  deemed falsification  of data and constitute  a  violation  of the
         Mississippi  Air and Water  Pollution Control  Commission's  rules  and
         regulations.

(3.0)     2.5  Performance Evaluation  Permit

              2.5.1   Application for  Performance Evaluation Permit shall  be  made
         within thirty (30)  days prior  to facility start-up.

              2.5.2   Application for  Performance Evaluation Permit shall  be  in
         the form  of  a written request.

              2.5.3   A Performance  Evaluation  Permit  shall be  issued for not more
         than one-hundred and twenty  (120)  days commencing from  the start-up date
         of the facility.

              2.5.4   A Performance  Evaluation  Permit  shall not be  issued prior to
         the receipt  of the  certification of construction as described in  Section
         2.4.8.

              2.5.5   A Performance  Evaluation  Permit  shall govern  that period of
         time during  which  the facility shall  demonstrate either fay stack  emission
         data, or  by  acceptable  mathematical methods, or by visible emissions
         evaluation,  or by  a combination of these  methods that the emissions from
         the facility do not exceed the emission standards as  defined by Regulation
         APC-S-1,  as  amended January  19, 1972, and that  the operation of the
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facility does not inferfere with the attainment and maintenance of the
National Ambient Air Quality Standards.

     2.5.6  The Mississippi Air and Water Pollution Control Commission
reserves the right to perform such performance evaluations should it be
so decided.

     2.5.7  The method, or methods, used to evaluate the performance of
a new facility and the responsible party shall be stipulated by the
Mississippi Air and Water Pollution Control Commission at the time of
issuance of the Performance Evaluation Permit.

     2.5.8  Should performance evaluation, or a portion thereof, be
stipulated as visible emission evaluation, the person or persons per-
forming such evaluation shall be currently certified in smoke evaulation.

     2.5.9  Should performance evaluation, or a portion thereof, be
stipulated as stack emission data, the procedures as described in
Section 2.6 of this regulation shall be adhered to.

     2.5.10 Should performance evaluation, or a portion thereof, be
stipulated as acceptable mathematical methods, the procedures as
described in Section 2.7 shall be adhered to.

     2.5.11 Should a facility not be able to'adequately perform such
evaluation within the one-hundred and twenty (120) day period, or
through the process of evaluation demonstrate that the facility is
inadequate, said facility may be granted an extension of the Performance
Evaluation  Permit provided that it can be demonstrated that the facility
has been actively engaged in evaluating the performance of said facility
and that the facility has acceptably met the requirements of all preced-
ing subsections of Section 2.0 of this regulation.

     2.5.12  An extension of the Performance Evaluation Permit in no
instance shall be greater than one-hundred and eighty (180) days.

     2.5.13  A facility that cannot adequately demonstrate compliance
with the rules and regulations of the Mississippi Air and Water Pollu-
tion Control Commission, or the need for an extension of the Performance
Evaluation Permit shall be subject to a per day violation for the
operation of said facility.

     2.5.14  A facility granted an extension of the Performance Evaluation
Permit  shall, at the time of request for extension, state, by means of
an implementation schedule, the proposed corrections, adjustments, add-
itional equipment, etc. to be employed to achieve and maintain compliance
with the rules and regulations of the Mississippi Air and Water Pollu-
tion Control Commission.
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(9.0)     2.6  Performance Testing
              2.6.1   A facility, so  directed,  shall  be granted  one-hundred
         and twenty  (120) days  to  substantiate,  by the submission  of  data,
         the adequacy of their  control  equipment.
              2.6.2   Requirements
              2.6.2.1  The stack analysis  will  be  performed in  accordance with
         the methods as set forth  by the Mississippi  Air and Water Pollution
         Control  Commission.
              2.6.2.2  The results of the  stack  analysis shall  be  consistent
         (in units)  with the emission standards  as set forth in Regulation
         APC-S-1, as amended January 19, 1972.
              2.6.2.3  Performance testing will  be conducted at the expense
         of the applicant.
              2.6.2.4  The Mississippi  Air and  Water Pollution  Control  Commission
         may monitor performance tests  and conduct performance  tests.
              2.6.2.5  A facility  which emits  or causes to be emitted matter  other
         than through a stack or a defined outlet  of an air cleaning  device may
         be classified inadequate  in regard to  control equipment.
              2.6.2.6  The stack analysis  report shall include  but not  be
         limited to  the following:
              1.   Detailed description  of  testing  procedures.
              2.   Sample calculation.
              3.   Results.
              4.   Comparison of results to the Mississippi Air  Quality
         Regulation  APC-S-1, as amended January 19, 1972.
(13.0)   2.7  Performance Evaluation Report
              2.7.1   Acceptable mathematical methods to demonstrate control
         adequacy shall include but  not be limited to the following:
              A..   An emissions  inventory including:
            .  1.   Location and  description of  control equipment at each
         point source.
              2.   Determination of all  possible pollutants at each point source,
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         characteristics,  conditions,  particle  size  distribution,  etc.

              3.   Determination  of process  weight  rate  at  each  point  of
         emission.

              4.   Listing  of all  stack parameters  at each  point of emission.

              5.   Detailed description of  input materials  (e.g.  percent
         sulfur content, percent moisture,  average BTU  hearing  value, etc.).

              B.   A  detailed Engineering report including:

              1.   Sufficient calculation to demonstrate uncontrolled  emissions.

              2.   Sufficient calculations  to support or show  design efficiency
         of control  equipment.

              3.   Sufficient calculations  to demonstrate controlled emissions.

              4.   Comparison of  calculated  controlled emissions with  the appli-
         cable emission  standards as  set forth  in  Regulation  APC-S-1, as amended
         January  19,  1972.

              C.   A  detailed study of  ground level concentrations  of
         pollutants  containing:

              1.   Detailed description of diffusion  equations and  the
         method or methods used.

              2.   Statement of background  level.

              3.   Description of meteorological data used  ahd how  local
         correlation  obtained.

              4.   Sample Calculations.

              5.   Results

              6.   Comparison of  results with the National  Ambient  Air Quality
         Standards.

(2.0)     2.8  Emissions  Reduction Schedule

              2.8.1   It  shall be the  responsibility  of  each and every new  facility
         emitting in excess of 0.25 tons per day,  total  air contaminants,  and all
         other significant sources, to supply the  Mississippi Air  and Water  Pollu-
         tion Control  Commission with  an emissions reduction  schedule which  shall
         set forth preplanned abatement strategies in the  event an emergency
         eposide  does  arise.
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     2.8.2  Within one-hundred  and twenty (120) days from start up
date of a new facility it shall be the responsibility of the applicant
to supply the Mississippi Air and Water Pollution Control Commission
with an emissions reduction schedule wihch shall set forth preplanned
abatement strategies in the event an emergency episode does arise.

     2.8.3  Required Information

     2.8.3.1  The emissions reduction schedule must have three (3)
stages of reduction procedures.

     (1)  Alert level reduction.

     (2)  Warning level reduction.

     (3)  Emergency level reduction.

     2.8.3.2  Each level of reduction procedures must show the type
and source of air contaminants, the amount of reduction of contaminants,
the time involved in reduction and the manner in which reduction will
be achieved.

     2.8.4  The emissions reduction schedule shall be subject to
review and approval by the Mississippi Air and Water Pollution Control
Commission.

     2.8.5  An unacceptable emissions reduction schedule shall be
returned to the applicant along with the Mississippi Air and Water
Pollution Control Commission's reasons for denial.

     2.8.6  The applicant shall have not more than thirty (30) days
to amend his emissions reduction schedule to conform with the
emission reduction standards as set forth by the Mississippi Air and
Water Pollution Control Commission.

     2.8.7  Any person aggrieved by the requirements to amend an
emissions reduction schedule shall be entitled to a hearing.

     2.8.8  Should an applicant fail to submit an emissions reductions
schedule within the allowable time period or fail to submit an amended
preplanned strategy, the Mississippi Air and Water Pollution Control
Commission will establish or revise said plan to cause it to meet the
standards as set forth by the Mississippi Air and Water Pollution Control
Commission.

     2.8.9  Such established or revised preplanned strategies will
thereafter be the preplanned strategy which the applicant will put
into effect upon the issuance of an appropriate order by the Mississippi
Air and Water Pollution Control Commission.
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(3.0)     2.9  Permit to Operate

              2.9.1   Standards  for Granting Permit to Operate.

              2.9.1.1   No new facility shall  be granted a permit to operate
         until  the following conditions have been met:

              (a)   Established  by emissions data, test results  or reports
         that the  facility has  achieved and can maintain emission standards
         as set forth  by Regulation APC-S-1,  amended January 19, 1972,  and
         through the operation  of said facility will not interfere with the
         attainment and maintenance of the National  Ambient Air Quality
         Standards.

              (b)   Complied with all  rules and  regulations of the Mississippi
         Air and Water Pollution Control  Commission.

              (c)   Submitted an acceptable emissions reduction  schedule.

              2.9.2  Issuance of Permit to Operate

              2.9.2.1   A facility having achieved the standards as set  forth
         in Section 2.9.1 shall be granted a permit to operate  an air pollution
         control system.

              2.9.2.2   This permit to operate shall  expire three (3)  years
         from the  issuance date of said permit.

              2.9.2.3   Not less than ninety (90) days prior to  the expiration
         date of the permit to  operate, the applicant will make application for
         renewal of a  permit to operate if the  applicant desires to continue
         operation of that facility.

              2.9.2.4  The application for renewal of a permit  to operate will
         be substantiated with  current emissions data,  test results or  reports
         or other  data as deemed necessary.

              2.9.2.5   The procedure shall then be similar to that described
         in Section 4.0.

              2.9.3  Suspension or Revocation of Permit to Operate.

              2.9.3.1   A permit to operate may  be suspended or  revoked  by the
         Mississippi Air and Water Pollution Control Commission for the willful
         or continued  violation of rules and regulations.

              2.9.3.2   A permit to operate may  be suspended or  revoked  for not
         complying with orders  to reduce emissions during an air pollution episode
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         or  by  violating  any  provisions made  a  part  of  the  permit  to  operate.

             2.9.3.3   A  permit  to  operate  shall  be  suspended  if a facility
         ceases operation for a  period of eighteen  (19) months  or  more.

             2.9.3.4   Suspension or  revocation of a permit to  operate  shall
         become final  ten (10) days after notification  by the  Mississippi  Air
         and Water Pollution  Control  Commission.

             2.9.3.5   A  permit  to  operate  which has been revoked  shall  be
         surrendered forthwith to the Mississippi Air and Water Pollution
         Control  Commission.

             2.9.4 Transfer of Permit

             2.9.4.1   Any attempt  to transfer  a permit to  operate to another
         owner  or another source will automatically  revoke  the  permit.

             2.9.4.2   A  facility operating under a  valid permit to operate may
         change locations and operate under the same permit if and only if all
         other  parameters (i.e.  process weight) are  left unchanged and  the
         Commission approves  this action.

             2.9.4.3   A  facility wishing to  relocate must  inform  the Mississippi
         Air Pollution Control Commission at  least  ninety (90)  days prior  to
         relocation.

(3.0)     3.0 Permit System Change  Over

             3.1  Effective  May 11,  1972,  the  Mississippi  Air and Water
         Pollution Control Commission will  begin re-issuing permits to  those
         facilities having held  a valid permit  under Regulation APC-S-2,
         adopted May 8, 1970.

             3.1.1 Those faciltities  holding  a permit to  operate shall be
         reissued a three year permit to operate and the procedures as  described
         in  Section 4.0 shall be followed for renewal.

             3.1.2 Those facilities holding approved  applications for con-
         struction will be reissued construction permits and the procedures as
         described in  and after  Section 2.4 shall be followed.

             3.1.3 Those facilities holding Temporary Permits will  be re-
         issued Tollerance Permits  and  the  procedures described in and  after
         Section 1.3 shall be followed.

             3.1.4 Those facilities holding Tolerance Permits shall .be reissued
         Tollerance Permits and  the procedures  described in and after Section  1.4
         shall  be followed, unless  otherwise  specified.
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              3.1.5   Those facilities  having  submitted  an  application for permit
         to  operate  an  existing  facility but  not holding a permit from the
         Mississippi  Air and Water Pollution  Control  Commission shall  be
         reviewed and the necessary course of action  followed as described in
         Section  1.3.

              3.1.6   Those proposed facilities having submitted an aDolication for
         permit to construct a new facility but not having yet obtained approval
         to  construct from the Mississippi  Air and  Water Pollution Control
         Commission  shall  be reviewed  and the procedures as described in Section
         2.0 followed.

(3.0)     4.0  Renewal of Permit  to Operate

(3.0)          4.1 Procedures for renewal of  Permit to  Operate

              4.1.1   A  permit to operate shall  expire three (3) years from the
         issuance date  of said permit.

              4.1.2   Not less than ninety (90)  days prior  to the expiration date
         of  the permit  to operate, the applicant will make application for re-
         newal  of a  permit to operate  if the  applicant  desires to continue
         operation of that facility.

              4.T.3   The application for renewal of a permit to operate will
         be  substantiated with current emissions data,  test results or reports on
         the data as deemed necessary.

(3.0)          4.2 Standards for renewal of Permit  to Operate

              4.2.1   A  facility  that can adequately demonstrate either by
         stack emissions data, or by acceptable mathematical methods, or by
         visible emissions evaluation,  or by  a combination of these methods
         that the emissions from said  facility are  in compliance with the emission
         limitations as set forth in Regulation APC-S-1, as amended January 19,
         1972, or any subsequent emission limitations and  also that the operation
         of  said facility is not interfering  with the maintenance of the National
         Ambient Air Quality Standards shall  be reissued a three (3) year permit
         to  operate.

              4.2.2   A  facility  that cannot adequately  demonstrate the require-
         ments of Section 4.2.1  shall  be issued a Tolerance Permit and given a
         reasonable  amount of time to  make the necessary correction to comply  with
         Section 4.2.1.

(3.0)          4.3 Tolerance Permit
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              4.3.1  A  Tolerance  Permit  shall  be  issued  to  a  facility  that
         either  employs inadequate  air pollution  control equipment or  through
         the  operation  of said  facility  is  interfering with the attainment  and
         maintenance of the  National Ambient Air  Quality Standards.

              4.3.2  A  Tolerance  Permit  shall  supersede  and cause to expire all
         previously issued permits  to that  facility.

              4.3.3  A  Tolerance  Permit  shall  set forth  a definite time  limit
         for  achieving  and maintaining compliance with emission standards and
         all  other rules and regulations of the Mississippi Air and Water
         Pollution Control Commission.

              4.3.4  This time  limit shall  be  stipulated by the Mississippi  Air
         and  Water Pollution Control Commission at the time of issuance  of  the
         Tolerance Permit.

              4.3.5  This time  limit shall  take into  account  the necessary  time
         to order, ship and  install the  necessary equipment,  or make adjustments
         or correction  of existing  equipment to achieve  compliance with  the
         rules and regulations  of the Mississippi  Air and Water Control  Commiss-
         ion.

              4.3.6  Upon completion of  installation  or  modification of  the
         necessary equipment, the applicant shall  be  responsible for sub-
         mitting performance data as stated in Section 2.6  or Section  2.7
         as directed by the  Mississippi  Air and Water Pollution Control
         Commission.

              4.3.7  Should  performance  data fail  to  prove  the air pollution
         control equipment adequate, the facility shall  be  subject to  a  per day
         violation for  the continued operation of said facility,

              4.3.8  A  facility that can adequately demonstrate compliance  with
         the  requirements of Section 4.2.1  shall  then be reissued a three (3)
         year permit to operate.

(9.0)
(13.0)    5.0   Inspection and Emission Reporting Requirements

(9.0)          5.1  Inspection

              5.1.1  All facilities holding a  permit  to  operate shall  be subject
         to a periodic  eighteen month inspection, or  on  a schedule as  set forth
         by the  Mississippi  Air and Water Pollution Control Commission,  commencing
         with the issuance of a permit to operate.

              5.1.2  The facility shall  be  evaluated  with respect to visible
         emissions,  fugitive dust and overall  facility maintenance of  air clearv
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         ing  devices.

              5.1.3  Those facilities  holding  other than  a  permit  to  operate
         shall  be subjected to more frequent  inspections  in order  to  evaluate  the
         progress the facility is  making  towards  achieving  and  maintaining
         compliance with the rules and regulations  of the Mississippi  Air and
         Water Pollution Control Commission.

(13.0)         5.2  Emission Reporting

              5.2.1   The Mississippi Air  and Water  Pollution Control  Commission
         may  require the installation, maintenance  and use  of monitoring equip-
         ment as  deemed  necessary.

              5.2.2  The Mississippi Air  and Water  Pollution Control  Commission
         may  require the maintenance of records relating  to the operation of air
         fcontamination sources and any authorized representative of the Mississi-
         ppi  Air  and Water Pollution Control Commission may examine and copy any
         such records pertaining to the operation of such air contaminant source.
         Copies of such  records shall  be  submitted  to the Mississippi  Air and
         Water Pollution Control Commission upon  request.

              5.2.3  Internal  Reports, memoranda, field reports, laboratory
         analysis and like material, other than emission  data,  shall  be treated
         confidentially  by the Mississippi Air and  Water  Pollution Control
         Commission.

              5.2.4  Emission  data shall  be available for public inspection
         between  the hours of  9:00 A.M. and 5:00  P.M., Monday through Friday,  at
         the  office of the Mississippi Air and Water Pollution  Control Commission,
         Sixth Floor, Robert E. Lee Building,  Jackson, Mississippi.

(5.0)    6.0   Exclusions and Variances

              6.1  The Mississippi Air and Water  Pollution  Control Commission
         may  specify certain classes or sizes  of  articles,  machines,  equipment
         or other contrivances, as being  exempt from the  requirements to obtain
         permits.  The Mississippi Air and Water  Pollution  Control Commission
         shall  maintain  an official list  of the above exemptions for  public  in-
         spection and shall also reserve  the  right  to delete, add-on, modify,
         or otherwise change the exclusion list to  effectuate the  best possible
         control  measures.  A  facility so affected  by the alteration  of the
         permit exclusion list will be so notified  and be given a  reasonable
         amount of time to comply  with said alterations.

              6.2  Institutions of higher learning, federal facilities or
         affiliated state agencies engaged in  research and  development may  be
         granted  exemptions to certain specific sections  of this Regulation  (APC-
         S-2, as  adopted May 11,  1972) for the development, testing or demon-
                                           -32-

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stration of experimental  facilities,  operations  or contrivances  that
emit or cause the emission of air contaminants,  provided  formal  written
request is made to the Mississippi Air and Water Pollution Control
Commission with sufficient data to support the experimental  charac-
teristics of said facility, operation or contrivance.
                                  -33-

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                        MISSISSIPPI  AIR AND  WATER POLLUTION

                                CONTROL COMMISSION
(8.0)                REGULATIONS FOR PREVENTION  OF  AIR POLLUTION
                                EMERGENCY  EPISODES

                                      APC-S-3
                             Adopted January 25, 1972

(2.0)          SECTION 1.   GENERAL

              (1)   Authority.  Pursuant to the  authority  granted  by  Section  7106-
         123,  Mississippi  Code of 1942, Recompiled,  the following regulations  are
         adopted to prevent the excessive  buildup  of air  pollutants  during
         air pollution episodes, thereby preventing  the occurrence of  an  emergency
         due to the effects of these pollutants on the health  of  persons.

(1.0)          SECTION 2.   DEFINITIONS

              (1)   "Air Standards."  The maximum allowable  concentration  of  any
         air contaminant existing in the ambient air during a  stated period  of
         time, as  adopted  by the Commission.

              (2)   "Director."  The Executive Director of the  Mississippi Air  and
         Water Pollution Control Commission.

(8.0)          SECTION 3.   EPISODE CRITERIA

              Conditions justifying the proclamation of an  air pollution  alert,
         air pollution warning, or air pollution emergency  shall  be  deemed to
         exist whenever the Director determines that the  accumulation  of  air
         pollutents in any place is attaining or has attained  levels which could
         if such levels are sustained or exceeded, lead to  a substantial  threat
         to the health of persons.   In making this determination, the  Director
         will  be guided by the following criteria:

              (a)   "Air Pollution Forecast":  An internal watch by the
         Department of Air Pollution Control shall be actuated by a  National
         Weather Service advisory that Atmospheric Stagnation  Advisory is in
         effect or the equivalent local forecast of  stagnant atmospheric  condi-
         tion.

              (b)   "Alert":  The Alert level is that concentration of  pollutants
         at which  first stage control actions are  to begin.  An Alert  will be
         declared  when any one of the following levels is reached at any  moniter-
         ing site:
                                            -34-

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for a
 The SCL level  is equal  to or greater than  0.3 ppm (800  g/m3)
24-hour average.
       The particulates level  is equal  to or greater than  3  COHs  or 375
 g/m3 for a 25-hour average.

       S02 and particulate combined—product of S02> ppm,  24-hour
average, and COHs, 24-hour average equal  to 0-2 or product of SOp--
 g/nrm, 24-hour average, and  particulate   g/m , 24-hour average
equal to 65000.

       The CO level is equal  to or greater than 15 ppm (17 mg/m3) for
an 8-hour average.

       The oxidant (03) level  is equal  to or greater than  .1  ppm
(200  g/m3) for a 1-hour average.   .

       The N02 level is equal  to or greater than 0.6 ppm (1130 g/m3)
for a 1-hour average or 0.15  ppm (282  g/m ) for a 24-hour average,
and meteorological conditions  are such  the pollutant concentration can
be expected to remain at the  above levels for twelve (12)  or more hours
or increase unless control actions are  taken.

     (c)  "Warning":  The warning level  indicates that air quality is
continuing to degrade and that additional control action are necessary.
A warning will be declared when any one of the following levels is
reached at any monitoring site:

       The S02 level is equal  to or greater than 0.6 ppm (1600 g/m )
for a 24-hour average.

       The particulates level  is equal  to or greater than  5.0 COHs or
625  g/m  , for a 24-hour average.

       S02 and particulates combined—produce of SOo, ppm, 24-hour
average and COHs, 24-hour average equal  to Q.8 or product  of SOo.
 g/m , 24-hour average and particulate   g/m , 24-hour average and
particulate  g/m  , 24-hour average equal  to 261000.

       The CO level is equal  to or greater than 30 ppm (34 mg/m  ) for
an 8-hour average.

       The oxidant  (OJ level  is equal  to or greater than  0.4 ppm
(800  g/m ) for a 1-hour average.

       The N02 level is equal  to or greater than 1.3 ppm (2260 g/m )
for a 1-hour average or 0.3 ppm (565  g/m ) for a 24-hour  average and
meteorological conditions are such that pollutant concentrations  can be
expected  to remain at the above levels  for twelve (12) or  more hours or
                                  -35-

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         increase  unless  control  actions  are  taken.

              (d)   "Emergency":   The  emergency  level  indicates  that  air  quality
         is  continuing to degrade to  a  level  that  should  never  be  reached  and
         that the  most stringent  control  actions are  necessary.  An  emergency
         will  be declared when any one  of the following levels  is  reached  at
         any monitoring site:

                The S02 level  is  equal  to or  greater  than 0.8 ppm  (2100  g/m3)
         for a 24-hour average.

                Tha particulates  level  is equal to or greater than 7.0 COHs or
         (875  g/m )  for  a 24-hour average.

                S02 and particulate combined—product of  S02 ppm.  24-hour
         average and  COHs, 24-hour average equal to 1.2 or product of S02
          g/m ,  24-hour average and particulate  g/m  , 24-hour  average equal to
         393000.

                The CO level  is equal to  or greater than  40 ppm (46  mg/m )
         for an  8-hour average.

                The3oxidant (0-)  level  is equal to or greater than 0.6 ppm
         (1200  g/m ) for a 1-nour average.
                                                                           2
                The N02 level  is  equal  to or  greater  than 1.6 ppm  (3000  g/m )
         for a 1-hour average or  0.4  ppm  (750  g/m )  for  a 24-hour average and
         the meteorological conditions  are such that  this condition  can  be
         expected  to  continue for twelve  (12) or more hours.

              (e)   "Termination":   Once declared,  any status reached by  application
         of  these  criteria will remain  in effect until the criteria  for  that
         level are no longer met.   At such time, the  next lower status will be
         assumed.

(2.0)          SECTION 4.   EMISSION CONTROL ACTION  PROGRAMS

              (1)   Any person responsible for the  operation of  a source  of air
         contaminant  which emits  0.25 tons per  day or more of air contaminants
         for which air standards  have been adopted shall  prepare emission  control
         action programs, consistent  with good  industrial  practice and safe
         operating procedures, for reducing the emission  of air contaminants into
         the outdoor  atmosphere during  periods  of  an  AIR  POLLUTION ALERT,  AIR
         POLLUTION WARNING, AND AIR POLLUTION EMERGENCY.   Emission control
         action programs  shall be designed to reduce  or eliminate emissions of
         air contaminants into the outdoor atmosphere in  accordance  with the
         objectives set forth in  Tables 1-5 which  are made part of this  Section.

              (2)   Emission control action programs as required under Section 4
                                           -36-

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         (1)  shall be  in writing and show the source of air contaminant, the
         approximate amount of reduction of contaminants, the approximate
         time required  to effect the  program, a brief description of the manner
         in which  the  reduction will be achieved during each stage of an air
         pollution episode, and such other information as the Commission shall
         deem pertinent.

              (3)  During a condition of AIR POLLUTION ALERT, AIR POLLUTION
         WARNING,  AND AIR POLLUTION EMERGENCY, emission control action.programs
         as required by Section 4(1) shall be made available on the premises  to
         any  person authorized to enforce the provisions of the Commission's
         emergency procedure.

              (4)  Emission control action programs as required by Section 4(1)
         shall  be  submitted to the Commission in accordance with procedures
         described in  Regulation APC-S-2; such emission control action programs
         shall  be  subject to  review and approval by the Commission.  If, in the
         opinion of the Commission, such emission control action programs do
         not  effectively carry out the objectives as setforth in Tables 1-5,
         the  Commission may disapprove said emission control action programs,
         state its reason for disapproval and order the preparation of amended
         emission  control action programs within the time period specified in the
         order.  Any person aggrieved by the order requiring the preparation  of
         a  revised program is entitled to a hearing in accordance with  Section
         7106-120, Mississippi Code of 1942, Recompiled.  If the person respon-
         sible fails within the time period specified in the order to submit  an
         amended emission control action program which in the opinion of the
         Commission meets the said objectives, the Commission may revise the
         emission  control action program to cause it to meet these objectives.
         Such revised  program will thereafter be the emission control action
         program which  the person responsible will put into effect upon the
         issuance  of an appropriate order by the Commission.

(8.0)          SECTION  5.  EMERGENCY ORDERS

              (1)  Following  are emergency orders which may be appropriate for
         use  by the Director  upon his declaration that an Air Pollution Emergency
         Episode exists for any air contaminants for which air standards have
         been adopted:

              (a)  Air Pollution Alert

                  1.   Any one or combination of air contaminants:

                  a.   Any person responsible for the operation of a
                       source of air contamination as set forth in
                       Section 4(1) shall take all AIR POLLUTION ALERT
                       actions as required for such source of air
                                           -37-

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         contamination;  and shall  particularly put
         into effects  the  emission control  action
         programs  for  an AIR POLLUTION  ALERT.

     2.   Suspended Particulate matter

     a.   There shall be  no open burning by  any persons
         of tree waste,  vegetation,  refuse, or debris
         in any form.

     b.   The use of incinerators for the disposal of
         any form  of solid waste shall  be limited
         to the hours  between 12:00  noon and 4:00 P.M.

     c.   Persons operating fuel-burning equipment which
         requires  boiler lancing or  soot blowing shall
         perform such  operations only between  the hours
         of 12:00  noon and 4:00 P.M.

     3.   Nitrogen  Oxides

     a.   There shall be  no open burning by  any persons
         of tree waste,  vegetation,  refuse, or debris
         in any form.

     b.   The use of incinerators for the disposal of
         any form  of solid waste shall  be limited to
         the hours of  12:00 noon and 4:00 P.M.

(b)   Air Pollution Warning

     1.   Any one or combination of air  contaminants

     a.   Any person responsible for  the operation of
         a source  of air contamination  as set  forth
         in Section 4(1) shall  take  all  AIR POLLUTION
         WARNING actions as required for such  source
         of air contamination;  and shall particularly
         put into  effect the emission control  action
         programs  for  an AIR POLLUTION  WARNING.

     2.   Suspended particulate matter

     a.   There shall be  no open burning by  any persons
         of tree waste,  vegetation,  refuse, or debris
         in any form.

     b.   The use of incinerators for the disposal of
         any form  of solid waste or  liquid  waste shall
         be prohibited.
                              -38-

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     c.   Persons  operating  fuel-burning  equipment which
         requires boiler  lancing  or  soot blowing shall
         perform  such  operations  only  between  the hours
         of 12:00 noon and  4:00 P.M.

     3.   Nitrogen oxides

     a.   There  shall be no  open burning  by  any persons
         of tree  waste, vegetation,  refuse,  or debris
         in any form.

     b.   The use  of incinerators  for the disposal of
         any form of solid  waste  or  liquid  waste shall
         be prohibited.

(c)   Air Pollution Emergency

     1.   Any one  or combination of contaminants:

     a.   Any person responsible for  the  operation of
         a source of air  contamination as descirbed in
         Section  4(1)  shall  take  all  AIR POLLUTION
         EMERGENCY.

     b.   All manufacturing  establishments except those
         included in Section 5(1) (c)  l.a.  will
         institute such action as will result  in maxi-
         mum reduction of air contaminants  from their
         operations by ceasing, curtailing, or post-
         poning operations  which  emit air contaminants
         to the extend possible without  causing injury
         to persons or damage to  equipment.

     c.   All places of employment described below shall
         immediately cease  operations:

       1.  Mining and  quarrying of non-metallic
           minerals.

       2.  All  contract construction work except that
           which  must  proceed to  avoid physical harm.

       3.  Wholesale trade  establishments,  i.e. places
           of business primarily  engaged in selling
           merchandies to retailers, to  industrial,
           commercial, institutional  or  professional
           users, or to other wholesalers,  or  acting
           as agents in buying merchandise  for or sell-
           ing merchandise  to such persons  or  companies.
                             -39-

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     4.   All  offices  of local,  county,  or state
         government  including  authorities,  joint
         meetings, and  any other public body;
         except to the  extend  that  such office
         must continue  to  operate in  order  to
         enforce the  requirements of  this order
         pursuant to  statute.

     5.   All  retail  trade  establishments except
         pharmacies  and stores  primarily engaged
         in the sale  of food.

     6.   Banks; credit  agencies other than  banks;
         securities  and commodities brokers,
         dealers, exchanges and services; office
         of insurance carriers, agents  and  brokers;
         real  estate  offices.

     7.   Wholesale and  retail  laundries; laundry
         services and cleaning  and  dyeing
         establishments; photographic studios;
         beauty shops,  barber  ships,  shoe repair
         shops.

     8.   Advertising  Offices;  consumer  credit re-
         porting, adjustment and collection agencies;
         duplicating, addressing, blueprinting;
         photocopying,  mailing, mailing list and
         stenographic services; equipment rental
         services; commercial  testing laboratories.

     9.   Automobile  repair, automobile  services,
         garages.

    10.   Establishments rendering amusement and
         recreation  services including  motion
         picture theatres.

    11.   Elementary  and secondary schools,  colleges,
         universities,  professional schools, junior
         colleges, vocational  schools,  and  public
         and  private libraries.

d.  There shall be no open burning  by any person
    of tree waste, vegetation,  refuse,  or debris
    in any form,

e.  The use of incinerators for the disposal of
    any form of solid or liquid waste shall be
    prohibited.
                             -40-

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          f.   The use of motor vehicles is  prohibited except
              in emergencies with the approval  of local  or state
              police.

     (2)  When the Director determines that an  Air pollution
Emergency Episode condition exists at one or more monitoring
sites solely  because of emissions from a limited number  of
sources, he may order such source or sources to put into effect
the emission  control action programs which  are  applicable for
each episode  stage.
                                  -41-

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             Table 1.   EMISSIONS REDUCTION OBJECTIVES
                     FOR PARTICULATE MATTER
Source of Air Contamination   Level
             Action Required
    Coal  or oil-fired elec-
    tric  power generating
    facilities.
Alert
                              Warning
                              Emergency
a.   Substantial reduction
    by utilization of fuels
    having lowest available
    ash content.

b.   Maximum utilization of
    mid-day (12:00 Noon to
    4:00 p.m.) atmospheric
    turbulence for boiler
    lancing and soot blow-
    ing.

c.   Substantial reduction
    by diverting electric
    power generation to
    facilities outside of
    Alert Area.

a.   Maximum reduction by
    utilization of fuels
    having lowest available
    ash content.

b.   Maximum utilization of •
    mid-day (12:00 Noon to
    4:00 p.m.) atmospheric
    turbulence for boiler
    lancing and soot blowing.

c.   Maximum reduction by
    diverting electric power
    generation to facilities
    outside of Warning Area.

a.   Maximum reduction by
    utilization of fuels
    having lowest available
    ash content.

b.   Maximum utilization of
    mid-day (12:00 Noon to
    4:00 p.m.) atmospheric
    turbulence for boiler
    lancing and soot blowing.
                                  -42-

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Source of Air Contamination   Level
             Action Required
2.  Coal  or oil-fired pro-
    cess  steam generating
    facilities.
Alert
                              Warning
c.   Substantial  reduction by
    diverting electric
    power generation to
    facilities outside of
    Emergency Area.

a.   Substantial  reduction by
    utilization of fuels having
    lowest available ash con-
    tent.

b.   Maximum utilization of
    mid-day (12:00 Noon to
    4:00 p.m.) atmospheric
    turbulence for boiler
    lancing and soot blowing.

c.   Reduction of steam load
    demands consistent with
    continuing plant opera-
    tions.

a.   Maximum reduction by
    utilization of fuels
    having lowest available
    ash content.

b.   Maximum utilization of
    mid-day (12:00 Noon to
    4:00 p.m.) atmospheric
    turbulence for boiler
    lancing and soot blowing.

c.   Reduction of steam load
    demands consistent with
    continuing plant opera-
    tions.

d.   Making ready for use a
    plan action to be taken
    if an emergency develops.
                                  -43-

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Source of Air Contamination   Level
             Action Required
3.  A - Manufacturing,
    processing, and mining
    industires.

            AND

    B - Other persons re-
    quired by the Commission
    to prepare standby plans.
Emergency    a.   Maximum reduction by
                 reducing heat and steam
                 demands to absolute nece-
                 ssities consistent with
                 preventing equipment
                 damage.

             b.   Maximum utilization of
                 mid-day (12:00 Noon to
                 4:00 p.m.) atmospheric
                 turbulence for boiler
                 lancing and soot blowing.

             c.   Taking the action called
                 for in the emergency plan.

Alert        a.   Substantial  reduction of
                 air contaminants from
                 manufacturing operations
                 by curtailing, postponing,
                 or deffering production
                 and allied operations.

             b.   Maximum reduction by
                 deferring trade waste
                 disposal operations
                 which emit particles,
                 gases, vapors or malo-
                 dorous substances.

             c.   Reduction of heat load
                 demands for processing
                 consistent with continu-
                 ing plant operations.

Warning      a.   Maximum reduction of
                 air contaminants from
                 manufacturing operations
                 by, if necessary, assum-
                 ing reasonable economic
                 hardship by postponing
                 production and allied
                 operations.
                                   -44-

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Source of Contamination
Level
Action Required
                              Emergency
4.  Refuse disposal
    operations.
Alert
b.   Maximum reduction by
    deferring trade waste
    disposal operations
    which emit particles,
    gases, vapors, or malo-
    dorous substances.

c.   Reduction of heat load
    demands for processing
    consistent with continu-
    ing plant operations.

a.   Elimination of air
    contaminants from manu-
    facturing operations by
    ceasing, curtailing,
    postponing or deferring
    production and allied
    operations to the extent
    possible without causing
    injury to persons or dam-
    age to equipment.

b.   Elimination of air con-
    taminants from trade waste
    disposal processes which
    emit particles, gases,
    vapors, or malodorous
    substances.

c.   Maximum reduction of
    heat load demands for
    processing.

a.   Maximum reduction by
    prevention of open
    burning.

b.   Substantial reduction by
    limiting burning of refuse
    in incinerators to the
    hours between 12:00 Noon
    and 4:00 p.m.
                                  -45-

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Source of Air Contamination   Level
Action Required
                              Warning
                              Emergency
     Maximum reduction by
    prevention of open
    burning.

     Complete elimination
    of the use of incinerators.

     Maximum reduction by
    prevention of open
    burning.

    . Complete elimination
    of the use of incinera-
    tors.

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             Table  2.   EMISSION REDUCTION OBJECTIVES
                        FOR SULFUR OXIDES
Source of Air Contamination   Level
             Action Required
1.  Coal  or oil-fired elec-
    tric  power generating
    facilities.
Alert
                              Warning
a.   Substantial  reduction by
    utilization,, of fuels having
    lowest available sulfur
    content.

b.   Substantial  reduction by
    diverting electric power
    generation to facilities
    outside of Alert Area.

a.   Maximum reduction by
    utilization of fuels
    having lowest available
    sulfur content.

b.   Maximum reduction by
    diverting electric
    power generation to
    facilities outside of
    Warninn Area.
                              Emergency    a.
2.  Coal or oil-fired
    process steam genera-
    ting facilities.
Alert
     Maximum reduction by
    utilization of fuels
    having lowest available
    sulfur content.

     Maximum reduction by
    diverting electric
    power generation to
    facilities outside of
    Emergency Area.

     Substantial  reduction by
    utilization of fuels hav-
    ing lowest available sul-
    fur content.
                                           b.    Reduction  of steam  load
                                               demands  consistent with
                                               continuing  plant  opera-
                                               tions.
                                  -47-

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Source of Air Contamination   Level
             Action Required
                              Warning
                              Emergency
3.  A - Manufacturing and
    processing industries.

            AND

    B - Other persons
    required by the
    Commission to prepare
    standby plans.
Alert
a.   Maximum reduction by
    utilization of fuels
    having the lowest avail -
    albe sulfur content.

b.   Reduction of steam
    load demands consistent
    with continuing plant
    operations.

c.   Making ready for use a
    plan of action to be
    taken if an emergency
    develops.

a.   Maximum reduction by
    reducing heat and steam
    demands to absolute
    necessities consistent
    with preventing equip-
    ment damage.

b.   Taking the action called
    for in the emergency plan.

a.   Substantial reduction of
    air contaminant from manu-
    facturing operations by
    curtailing postponing, or
    deferring production and
    allied operations,

b.   Maximum reduction by
    deferring trade waste
    disposal operations
    which emit particles,
    gases, vapors or malo-
    dorous substances.

c.   Reduction of heat load
    demands for processing
    consistent with continuing
    plant operations.
                                    -48-

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Source of Air Contamination   Level
Action Required
                              Warning      a.    Maximum  reduction  of
                                               air contaminants  from
                                               manufacturing  operations
                                               by, if necessary, assuming
                                               reasonable economic hard-
                                               ship by postponing  pro-
                                               duction and allied  opera-
                                               tions.

                                           b.    Maximum  reduction  by
                                               deferring trade waste
                                               disposal  operations
                                               which emit particles,
                                               gases,  vapors  or  malo-
                                               dorous  substances.

                                           c.    Reduction of  heat  load
                                               demands for processing
                                               consistent with continu-
                                               ing plant operations.

                              Emergency    a.    Elimination of air
                                               contaminants from manu-
                                               facturing operations by
                                               ceasing,  curtailing, post-
                                               poning or deferring pro-
                                               duction and allied  opera-
                                               tions to  the extent possi-
                                               ble without causing injury
                                               to persons or  damage to
                                               equipment.

                                           b.    Elimination of air con-
                                               taminants from trade waste
                                               disposal  processes  which
                                               emit particles, gases  vap-
                                               ors and malodorous  sub-
                                               stances.

                                           c.    Maximum  reduction  of
                                               heat load demands for
                                               processing.
                                   -49-

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             Table 3.   EMISSION REDUCTION OBJECTIVES
                       FOR NITROGEN OXIDES
Source of Air Contamination   Level
                                       Action Required
1.
Steam-electric power
generating facilities.
Alert
                              Warning
2.
Process steam genera-
ting facilities.
Alert
a.   Substantial  reduction
    by utilization of fuel
    which results in the
    formation of less air
    contaminant.

b.   Substantial  reduction by
    diverting electric power
    generation to facilities
    outside of Alert Area.

a.   Maximum reduction by
    utilization of fuel
    which results in the
    formation of less air
    contaminant.
                                           b.
                              Emergency    a.
                                            Maximum reduction by
                                           diverting electric power
                                           generation facilities
                                           outside Warning Area.

                                            Maximum reduction by
                                           diverting electric power
                                           generation to facilities
                                           outside of Emergency Area.
a.   Substantial reduction by
    utilization of fuel  which
    results in the formation
    of less air contaminants.

b.   Reduction of steam load
    demands consistent with
    continuing plant opera-
    tions.
                                   -50-

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Source of Air Contamination   Level
Action Required
                              Warning
                              Emergency
3.  A - Manufacturing and     Alert
    processing industries.

            AND

    B - Other persons required
    by the Commission to pre-
    pare Standby plans.
a.   Maximum reduction by
    utilization of fuel
    which results in the
    formation of less air
    contaminant.

b.   Reduction of steam load
    demands consistent with
    continuing plant opera-
    tions.

c.   Making ready for use a
    plan of action to be taken
    if an emergency develops.

a.   Maximum reduction by
    reducing heat and steam
    demands to absolute
    necessities consistent
    with preventing equip-
    ment damage.

a.   Substantial reduction of
    air contaminant from manu-
    facturing operations by
    curtailing, postponing,
    or deferring production
    and allied operations.

b.   Maximum reduction by
    deferring trade waste
    disposal operations
    which emit particles,
    gases, vapors, or malo-
    dorous substances.

c.   Reduction of heat load
    demands from processing
    consistent with continu-
    ing plant operations.
                                  -51-

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Source of Air Contamination   Level
Action Required
                              Warning      a.    Maximum reduction of
                                               air contaminants from manu-
                                               facturing operations by,
                                               if necessary,  assuming
                                               reasonable ecomonic hard-
                                               ship by postponing pro-
                                               duction and allied opera-
                                               tions.

                                           b.    Maximum reduction by
                                               deferring trade waste
                                               disposal  operations which
                                               emit particles, gases,
                                               vapors  and malodorous
                                               substances.

                                           c.    Reduction of  heat load
                                               demands for processing
                                               consistent with continu-
                                               ing plant operations.

                              Emergency    a.    Elimination of air con-
                                               taminants from manufactur-
                                               ing operations by ceasing,
                                               curtailing, postponing or
                                               deferring production and
                                               allied  operations to the
                                               extent  possible without
                                               causing injury to persons
                                               or damage to equipment.

                                           b.    Elimination of air con-
                                               taminants from trade waste
                                               disposal  processes which
                                               emit particles, gases,
                                               vapors  or malodorous sub-
                                               stances.

                                           c.    Maximum reduction of heat
                                               load demands for process-
                                               ing.
                                   -52-

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Source of Air Contamination   Level
             Action Required
4.  Stationary internal
    combustion engines.
5.  Refuse disposal
    operations.
Alert        a.   Reduction of power
                 demands for pumping
                 consistent with con-
                 tinuing operations.

Warning      a.   Reduction of power
                 demands for pumping con-
                 sistent with continu-
                 ing operations.

             b.   Maximum reduction by
                 utilization of fuels or
                 power source which results
                 in the formation of less
                 air contaminants.

Emergency    a.   Maximum reduction by
                 reducing power demands
                 to absolute necessities
                 consistent with personnel
                 safety and preventing
                 equipment damage.

             b.   Maximum reduction by
                 utilization of fuels or
                 power source which re-
                 sults in the formation
                 of less air contaminants.

Alert        a.   Maximum reduction by
                 preventing of open
                 burning.

             b.   Substantial reduction by
                 limiting burning of refuse
                 in incinerators to the
                 hours between 12:00 Noon
                 and 4:00 p.m.

Warning      a.   Maximum reduction by
                 prevention of open burn-
                 ing.

             b.   Complete elimination of
                 the use of incinerators.
                                  -53-

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Source of Air Contamination   Level         Action  Required


                              Emergency     a.    Maximum  reduction of
                                               prevention of  open
                                               burning.

                                           b.    Complete elimination of
                                               the use of incinerators.
                                   -54-

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             Table 4.   EMISSION REDUCTION OBJECTIVES
                        FOR HYDROCARBONS
Source of Air Contamination   Level
             Action Required
    Petroleum products
    storage and
    distribution.
2.  Surface coating and
    preparation.
Alert        a.   Substantial reduction of
                 air contaminant by curtai-
                 ling, postponing, or de-
                 erring transfer operations,

Warning      a.   Maximum reduction of
                 air contaminants by
                 assuming reasonable
                 economic hardship by
                 postponing transfer
                 operations.

Emergency    a.   Elimination of air
                 contaminants by curtail-
                 ing, postponing, or
                 deferring transfer opera-
                 tions to the extent
                 possible without causing
                 damage to equipment.

Alert        a.   Substantial reduction of
                 air contaminants by
                 curtailing, postponing
                 or deferring transfer
                 operations.

Warning      a.   Maximum reduction of
                 air contaminants by
                 assuming reasonable
                 economic hardship by
                 postponing transfer
                 operations.

Emergency    a.   Elimination of air
                 contaminants by curtail-
                 ing, postponing, or
                 deferring transfer
                 operations to the extent
                 possible without causing
                 damage to equipment.
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Source of Air Contamination   Level
             Action Required
3.  A - Manufacturing and
    processing industries.

           AND

    B - Other persons
    required by the Com-
    mission to prepare
    standby plans.
Alert
Warning
                              Emergency
a.   Substantial reduction of
    air contaminant from
    manufacturing operations
    by curtailing, postponing,
    or deferring production
    and allied operations.

a.   Maximum reduction of
    air contaminants from
    manufacturing operations
    by, if necessary, as-
    suming reasonable
    economic hardship by
    postponing production
    and allied operations.

a.   Elimination of air
    contaminants from
    manufacturing operations
    by ceasing, curtailing,
    postponing or deferring
    production and allied
    operations to the extent
    possible without causing
    injury to persons or •
    damage to equipment.
                                  -56-

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             Table 5.   EMISSION REDUCTION OBJECTIVES
                       FOR CARBON MONOXIDE
Source of Air Contamination   Level
                                       Action Required
1.
A - Manufacturing indus-  Alert
tries.

        AND
    B - Other persons
    required by the Com-
    mission to prepare
    standby plans.
                          Warnina
                              Emergency
2.  Refuse disposal
    operations.
                          Alert



                          Warning



                          Emergency
a.   Substantial  reduction of
    of air contaminants from
    manufacturing operations
    by curtailing, postponing,
    or deferring  production
    and allied operations.

a.   Maximum reduction of air
    contaminants  from manu-
    facturing operations by,
    if necessary, assuming
    reasonable hardship by
    postponing production and
    allied operations.

a.   Elimination  of air con-
    taminants from manufactur-
    ing operations by ceasing,
    curtailing, postponing or
    deferring production and
    allied operations to the
    extent possible without
    causing injury to persons
    or damage to  equipment.

a.   Maximum reduction by
    prevention of open
    burning.

a.   Maximum reduction by
    prevention of open
    burning.

a.   Maximum reduction by
    prevention of open
    burning.
                                   -57-

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FEDERALLY PROMULGATED
    REGULATIONS
          -58-

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(10.0)  52.1276      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.

                       (111)   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:

     (1)     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
                             -60-

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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.
                            -61-

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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.
                       -62-

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     (iii)   For highway projects:

            (a)  A description of the average and maximum traffic
                 volumes for one, eight, and 24-hour time periods
                 expected within 10 years of date of expected comple-
                 ti on.

            (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  flew characteristic guidelines
                           • -63-

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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
                             -64-

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             or more  vehicles  within  ten years  after modification,  the
             Administrator's decision on the  approval  or disapproval
             of an  application shall  be based on  the considerations to
             be published as an Appendix to this  Part in addition  to
             the requirements  of paragraph  (b)  (6)  (i)  of this  section.

(7)   The determination  of the  air quality  impact  of a proposed  indi-
     rect source "at  reasonable receptor or exposure sites",  shall  mean
     such locations where people might reasonably be exposed  for time
     periods consistent with the national  ambient air quality standards
     for the pollutants specified for analysis  pursuant to this para-
     graph.

(8)   (i)     Within 20  days after receipt  of  an application or  addition
             thereto, the Administrator shall advise the owner  or opera-
             tor of any deficiency in the  information submitted in sup-
             port of the application.  In  the event of such a defi-
             ciency,  the date  of receipt of the application for the
             purpose  of paragraph (b) (8)  (ii)  of this section  shall
             be the date on which all required  information is received
             by the Administrator.

     (ii)    Within 30  days after receipt  of  a  complete application,
             the Administrator shall:

             (a)  Make  a preliminary  determination whether the  indirect
                  source should be approved,  approved with conditions
                  in accordance with  paragraphs (b) (9) or (10) of this
                  section, or  disapproved.

             (b)  Make available in at least  one  location in  each re-
                  gion in which the proposed  indirect source  would be
                  constructed, a copy of  all  materials submitted by the
                  owner or operator,  a copy of  the Administrator's
                  preliminary  determination,  and  a copy or summary of
                  other materials, if any, considered by the  Adminis-
                  trator in making his preliminary determination;  and

             (c)  Notify the public,  by prominent advertisement in a
                  newspaper of general circulation in each region in
                  which the proposed indirect source would be con-
                  structed, of the opportunity  for written public com-
                  ment on the  information  submitted by the owner or
                  operator and the Administrator's preliminary  deter-
                  mination on  the approvability of the indirect source.

     (iii)   A  copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and agencies having cognizance over the location where
             the indirect source will be  situated, as follows:   State
             and local  air pollution control  agencies, the chief exec-
             utive of the city and county;  any comprehensive regional
                             -65-

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             land  use  planning  agency;   and  for  highways,  any  local
             board or  committee charged  with responsibility  for  activ-
             ities in  the  conduct  of  the urban transportation  planning
             process (3-C  process)  pursuant  to 23 U.S.C. 134.

     (iv)     Public comments  submitted in writing within 30  days  after
             the date  such information is made available shall be con-
             sidered by  the Administrator in making  his final  decision
             on the application.   No  later than  10 days after  the close
             of the public comment period, the applicant may submit a
             written response to any  comments submitted by the public.
             The Administrator  shall  consider the applicant's  response
             in making his final decision.   All  comments shall be made
             available for public  inspection in  at least one location
             in the region in which the  indirect source would  be  lo-
             cated.

     (v)      The Administrator  shall  take final  action on  an applica-
             tion  within 30 days after the close of  the public comment
             period.   The  Administrator  shall notify the applicant in
             writing of  his approval, conditional approval,  or denial
             of the application, and  shall set forth his reasons  for
             conditional approval  or  denial. Such notification  shall
             be made available  for public inspection in at least  one
             location  in the  region in which the indirect  source  would
             be located.

     (vi)     The Administrator  may extend each of the time periods
             specified in  paragraphs  (b) (8) (ii), (iv), or  (v) of
             this  section  by  no more  than 30 days, or such other  peri-
             od as agreed  to  by the applicant and the Administrator.

(9)   (i)      Whenever  an indirect  source as  proposed by an owner  or
             operator's  application would not be permitted to  be  con-
             structed  for  failure  to  meet the tests  set forth  pursuant
             to paragraphs (b)  (4)  (i),  (b)  (5)  (i), or (b)  (6)  (i)
             and  (iii) of  this  section,  the  Administrator  may  impose
             reasonable  conditions on an approval related  to the  air
             quality aspects  of the proposed indirect-source so  that
             such  source,  if  constructed or  modified in accordance
             with  such conditions, could meet the tests set  forth
             pursuant  to paragraphs (b)  (4)  (i), (b) (5) (i),  or (b)
             (6)  (i) and (iii)  of  this section.  Such conditions  may
             include,  but  not be limited to:

             (a)   Binding  commitments to roadway improvements  or ad-
                  ditional mass transit  facilities to serve  the  in-
                  direct source secured  by the owner or operator from
                  governmental  agencies  having jurisdiction  thereof;

             (b)   Binding  commitments by the owner or operator to
                  specific programs for  mass transit incentives  for
                  employees and patrons  of the source;  and
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              (c)   Binding  commitments  by  the owner or operator  to  con-
                   struct,  modify, or operate the  indirect  source in
                   such  a manner  as may be necessary  to  achieve  the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant  to  paragraph
                   (b)  (4)  (11) of this section.

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

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)
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(14.0)  52.1277 Public Availability of Emission Data

               (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 puolic  as
              specified in the applicable plan, concerning emissions from any source
              subject to emission limitations which are part of the approved plan
              may  request  that the appropriate Regional Administrator obtain and
              make public  such data.  Within 30 days after receipt of any such written
              request, the Regional Administrator shall require the owner or operator
              of any such  source to submit information within 30 days on the nature
              and  amounts  of emissions from such source and any other information as
              may  be deemed necessary by the Regional Administrator to determine
              whether such source is in compliance with applicable emission limitations
              or other control measures that are part of the applicable plan.

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

                   (3)  Information recorded by the owner or operator and copies of
              this summarizing report submitted to the Regional Administrator shall
              be retained  by the owner or operator for 2 years after the date on
              which the pertinent report is submitted.

                   (4)  Emission data obtained from owners or operators of stationary
              sources will be correlated with applicable emission limitations and other
              control measures that are part of the applicable plan and will be avail-
              able at the  appropriate regional office and at other locations in the
              state designated by the Regional Administrator.
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(17.0)  52.1280    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
             HI shall be limited to Concentrations'of"particulate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (iii)   The air quality impact of sources granted approval  to
             construct or modify prior to January 1, 1975 (pursuant to
             the approved new source review procedures in the plan)
             but not yet operating prior to January 1, 1975,  shall not
             be counted against the air quality increments specified
             in paragraph (c) (2) (i) of this section.

(3)  (i)     All areas are designated Class II as of the effective
             date of this paragraph.  Redesignation may be proposed by
             the respective States, Federal Land Manager, or Indian
             Governing Bodies, as provided below, subject to  approval
             by the Administrator.

     (ii)    The State may submit to the Administrator a proposal to
             redeslgnate 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
                        -72-

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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 (!)  that the
             requirements  of subdivisions (ii)  and (iii)  of this
             subparagraph  have  not  been complied with,  (2)   that
             the State  has arbitrarily  and  capriciously disre-
             garded  relevant considerations set forth in  sub-
             paragraph  (3) (ii) (d) of  this paragraph,  or (3)
             that the State has not requested and received  dele-
             gation  of  responsibility for carrying out the  new
             source  review requirements of  paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation  proposed pursuant to subdivision
             (iv) of this  subparagraph  shall  be approved  unless
             he determines (1)   that the requirements of subdivi-
             sion (iv)  of this  subparagraph have not been complied
             with,  or (2)   that the Federal Land Manager has arbi-
             trarily and capriciously disregarded relevant  con-
             siderations set forth  in  subparagraph (3)  (ii) (d)  of
             this paragraph.

        (c)   Any redesignation  submitted pursuant to subdivision
             (v) of this subparagraph  shall be approved unless  he
             determines  (1)  that the  requirements of subdivision
             (v) of this subparagraph  have  not been complied with,
             or  (2)   that the  Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations  set forth  in subparagraph (3) (ii)  (d)  of this
             paragraph.
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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall  be  approved  only  after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian  Governing Bodies and  from the
                      public on the proposal.

                  (e)  Any  proposed redesignation  protested to the  propos-
                      ing  State,  Indian  Governing Body,  or Federal  Land
                      Manager and  to  the Administrator by  another  State  or
                      Indian Governing Body  because of the effects  upon
                      such protesting State  or Indian Reservation  shall  be
                      approved  by  the Administrator only if he  determines
                      that in his  judgment the redesignation  appropriately
                      balances  considerations  of  growth  anticipated in the
                      area proposed to be  redesignated;  the  social,  envi-
                      ronmental  and economic effects  of  such  redesignation
                      upon the  area being  redesignated and upon other areas
                      and  States;   and any impacts  upon  regional or nation-
                      al interests.

                  (f)  The  requirements of  paragraph (c)  (3) (vi) (a)  (3)
                      that a State request and receive delegation  of the
                      new  source review  requirements  of  this  section  as  a
                      condition to approval  of a  proposed  redesignation,
                      shall  include as a minimum  receiving the  administra-
                      tive and  technical functions  of the  new source re-
                      view.  The Administrator will carry  out any  required
                      enforcement  action in  cases where  the State  does not
                      have adequate legal  authority to initiate such  ac-
                      tions. The  Administrator may waive  the requirements
                      of paragraph (c) (3) (vi) (a) (3)  if the  State Attor-
                      ney-General  has determined  that the  State cannot ac-
                      cept delegation of the administrative/technical func-
                      tions.

          (vii)    If the Administrator disapproves any proposed  area desig-
                  nation under this subparagraph,  the  State, Federal  Land
                  Manager or  Indian Governing Body,  as appropriate,  may re-
                  submit the  proposal  after correcting the  deficiencies
                  noted by  the Administrator  or reconsidering  any area des-
                  ignation  determined  by  the  Administrator  to  be arbitrary
                  and capricious.

(d)   Review of new sources

     (1)   The provisions of this paragraph  have been incorporated by refer-
          ence into the applicable  implementation  plans for various  States,
          as provided in Subparts B through ODD of this part.  Where this
          paragraph is so  incorporated, the requirements  of this paragraph
          apply to any new  or modified stationary  source  of the  type iden-
          tified below which  has not commenced  construction or modification
          prior to June 1,  1975  except as specifically provided  below.  A
                                ' -74-

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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.
    (Ill)   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).
    (xvli)  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
                            -76-

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         Administrator) since January 1, 1975.

    (4)  (i)     Where a new or modified source is located on Federal
                 Lands, such source shall be subject to the procedures
                 set forth in paragraphs (d) and (e) of this section.
                 Such procedures shall be in addition to applicable pro-
                 cedures conducted by the Federal Land Manager for admin-
                 istration and protection of the affected Federal Lands.
                 Where feasible, the Administrator will coordinate his
                 review and hearings with the Federal Land Manager to
                 avoid duplicate administrative procedures.

         (ii)    New or modified sources which are located on Indian
                 Reservations shall be subject to procedures set forth in
                 paragraphs (d) and (e) of this section.  Such procedures
                 shall be administered by the Administrator in cooperation
                 with the Secretary of the Interior with respect to lands
                 over which the State has not assumed jurisdiction under
                 other laws.

         (iii)   Whenever any new or modified source is subject to action
                 by a Federal Agency which might necessitate preparation
                 of an environmental impact statement pursuant to the
                 National Environmental Policy Act (42 U.S.C. 4321), re-
                 view by the Administrator conducted pursuant to this
                 paragraph shall be coordinated with the broad environmen-
                 tal reviews under that Act, to the maximum extent feas-
                 ible and reasonable.

     (5)  Where  an  owner or operator has applied for permission to con-
         struct or modify pursuant to this paragraph and the proposed
         source would be located in an area which has been proposed for
         redesignation to a more stringent class  (or the State, Indian
         Governing Body, or Federal Land Manager has announced such con-
         sideration), approval shall not be granted until the Administra-
         tor has acted on the proposed redesignation.

(e)   Procedures  for public participation

     (1)   (i)    Within 20 days after receipt of an application to con-
                 struct, or any addition to such application, the Admin-
                 istrator shall advise the owner or operator of any de-
                 ficiency in the information submitted in support of the
                 application.   In  the event of such a deficiency, the date
                 of  receipt of the application for the purpose of para-
                 graph  (e)  (1)  (ii) of this section shall be the date on
                 which all required information  is received by the Admin-
                 istrator.

          (ii)   Within  30 days after receipt of a complete application,
                 the  Administrator shall:
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        (a)   Make a preliminary determination whether the source
             should be approved, approved with conditions, or dis-
             approved.

        (b)   Make available  in  at least  one location  in  each  re-
             gion in which the  proposed  source would  be  construct-
             ed,  a copy of all  materials submitted  by the owner or
             operator, a copy of the  Administrator's  preliminary
             determination and  a copy or summary of other materi-
             als, if any, considered  by  the Administrator in  mak-
             ing  his preliminary determination;  and

        (c)   Notify the public, by prominent advertisement in
             newspaper of general  circulation in each region  in
             which the proposed source would be constructed,  of
             the  opportunity for written public comment  on the in-
             formation submitted by the  owner or operator and the
             Administrator's preliminary determination on the ap-
             pro vability 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)
                              -au-

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