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
-------
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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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-
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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.
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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:
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
-------
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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FEDERALLY PROMULGATED
REGULATIONS
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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
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected.mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(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
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect-source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (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
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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
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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
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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)
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