UJ. OEPMTMENT OF COMMERCE
National Ttdwkjl Information Serwce
PB-290 278
Air Pollution Regulations in State
Implementation Plans: New Hampshire
Abcor Inc, Wilmington, MA Walden Div
fnpand for
Environmental Prottction Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290278
EPA-450/3-78-079. .
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
New Hampshire
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-079
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: New Hampshire
3. RECIPIENT'S
CIPIEN
Pft
S. 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
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport)
Unclassified
20. SECURITY CLASS (This page)
Unclassified
22. PRICE
HP
EPA Form 2220-1 (9-73)
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EPA-450/3-78-079
Air Pollution Regulations
in State Implementation Plans
New Hampshire
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-079
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF_
EPA-APPROVED REGULATION CHANGES
NEW HAMPSHIRE
Subnrittal Date
9/26/72
6/6/74
5/28/75
Approval Date
5/14/73
11/20/75
4/19/76
Description
Regulation #5
Revision to Regulations 4,
6, 8, 10, 11, 13, 14 & 17
Regulation #18
FEDERAL REGULATIONS
Section Number
52.1525
52.1529
Description
Regulation for Review of New or Modified Indirect
Sources
Regulation for the 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
STATE REGULATIONS
Revised Standard
Subject Index
(51.13)
(51.13)
(4.7)
(51.5)
Regulation
Number
1
2
3
4
revised
(51.6)
(51.9)
(51.20)
(51.8)
(12.0)
(51.4)
(4.1 - 4.6)
6
revised
revised
8
revised
10
revised
11
Ti tle Page
Prohibition of Open Burning 1
Terminal Dates on Open 3
Burning
Ambient Air Quality Standards - 3
Fluorides
Control of Visible and Particu- 5
late Emissions from Fuel
Burning Equipment
Prevention, Abatement and 9
Control of Sulfur Emission
from Stationary Combustion
Equipment
Prevention, Abatement and Control 11
of Air Contaminants from Incine-
rators
Prevention, Abatement and Con- 17
trol of Air Contaminants from
Waste Burners
Emissions from Asphalt Plants 19
Prevention, Abatement and Con- 22
trol of Emissions from Diesel
Engines and Motor Vehicles
Prevention, Abatement and Con- 25
trol of Air Contaminants from
Ferrous Foundries
Particulate Matter, Sulfur 29
Dioxide, Nitrogen Oxides,
Hydrocarbons, Carbon Monoxide
and Photochemical Oxidants
VIII
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Revised Standard Regulation
Subject Index Number Title Page
(51.13) 12 Prevention, Abatement and 33
Control of Contaminants
from the Burning of Tires
and Tubes
(51.3) 13 Prevention, Abatement and 34
Control of Air Contaminants
from the Sand and Gravel
Industry and the Cement,
Ready Mix Concrete and Cement
Block Industry
(51.11) 14 Prevention, Abatement and 37
(51.21) Control of Air Contaminants
from Non-Ferrous Foundries,
Smelters and Investment
Casting Industries
(51.14) 15 Prevention, Abatement and 44
Control of Air Contaminants
from the Pulp and Paper
Industry
(3.0) 16 Requirement for Statewide 48
Permit System Regulating the
Operation of Existing and New
Sources of Air Pollution and
of Modifications of Existing
Sources of Air Pollution
(51.21) 17 Prevention, Abatement and 52
Control of Air Contaminants
from Process, Manufacturing,
Service and Miscellaneous
Industries
(13.0) 18 Requirements for Record 60
Keeping at Facilities which
Discharge Air Contaminants
(8.0) 19 Required Action: Emergency 63
Episode Procedure
IX
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FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index Section Number Title Page
(10.0) 52.1525 Review of New or Modified 68
Indirect Sources
(17.0) 52.1529 Prevention of Significant 78
Deterioration
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(51.13) Regulation No. 1
PROHIBITION OF OPEN BURNING
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the air
by open burning of combustibles.
II. Definitions
For the purpose of this subtitle, the following words and phrases have
these meanings:
A. Combustion Products: Particulate and gaseous contaminants created
by the burning of any kind of material.
B. Open Burning: The burning of any type of combustible material in
the open, not in any enclosure, where the products of combustion are emitted
directly into the atmosphere without passing through a stack or chimney.
C. Refuse (garbage, rubbish and trade wastes):
1. Garbage: Waste resulting from distribution, preparation and
serving of food.
2. Rubbish: Solids or liquids not considered to be highly flam-
mable or explosive, such as, but not limited to, paper, rags, ashes, leaves,
tree branches, yard trimmings, furniture, tin cans, glass, crockery, demolition
wastes, junk automobiles, tires, automotive parts, paints, oils, and other
similar materials.
3. Trade Waste: Combustible solid or liquid material resulting
from construction, building operations, or the prosecution of any business,
trade or industry, such as, but not limited to, plastic, rubber, leather,
chemicals, cartons, paints, greases, oils, other petroleum products, sawdust,
dead animals (including fish and fowl), and other forms of solid or liquid
waste materials.
D. Stack or Chimney: Any flue, conduit, or duct arranged to conduct
an effluent to the open air.
E. Commission: State Air Pollution Control Commission.
F. Agency: State Air Pollution Control Agency.
iIII. Open Burning Prohibited
No person, firm, corporation, association, municipal or state agency
shall ignite, cause to be ignited, permit to be ignited, or suffer, allow,
or maintain the burning of refuse except -in conformity with the provisions
of Section IV.
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IV. Permissible Open Burning
When not prohibited by local ordinances or officials having jurisdiction,
such as local, state or federal fire wardens or other fire prevention officials,
the following types of burning are permissible, provided no nuisance is created:
A. Fires in conjunction with holiday and festive celebrations and other
special occasions.
B. Campfires, outdoor grills, and fireplaces for recreation or preparing
of food.
C. Burning of solid or liquid fuels or structures for the purpose of
bona fide instruction and training of municipal, volunteer, and industrial
firefighters in the methods of fighting fires when conducted under the direct
control and supervision of qualified instructors. Said firefighters shall be
residents of the state of New Hampshire or affiliated with the mutual aid sys-
tems within the state of New Hampshire.
D. Burning of brush, tree cuttings and slash in forest areas where the
cuttings accrue from pulping, lumber, clearing of rights-of-way and similar
operations.
E. On-premises burning of leaves and burning for the purpose of weed
abatement, disease, frost and pest prevention and agricultural improvement.
F. Burning of combustible construction material resulting from the
demolition of buildings and other structures, brush, tree trunks and the like,
originating from within the state, provided.such burning is done in a specified
area approved by the Agency.
G. Backyard burning of combustible domestic rubbish where no public
disposal service is available. This provision applies only to on-premises
burning of combustible materials in a backyard waste burner having a capacity
of seven (7) cubic feet or less and serving a building containing four (4) or
less dwelling units.
H. Open burning in remote areas, of highly explosive or other dangerous
materials for which there is no other feasible method of disposal or for non-
recurring unusual circumstances. However, written permission for this type of
burning must be obtained in advance from the Agency.
V. Salvaging Operations
No business, trade or industry engaged in whole or in part in salvaging
or reclaiming any product or material, such as, but not limited to, reprocessing
of used motor oils, metals, chemicals, shipping containers, or drums, and spe-
cifically including automobiles, automobile parts and junkyards, shall burn in
the open air after July 1, 1968. A suitable incinerator or other means of
compliance, approved by the Agency, shall be employed.
VI. With the exception of salvage operation as described in Section V, town
and city solid waste disposal areas presently in use shall not be subject to
the provisions of this regulation until July 1, 1971. Open burning shall not
be permitted at any new waste disposal site after July 1, 1968.
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(51.13) Regulation No. 2
TERMINAL DATES ON OPEN BURNING
I. Abolish Section VI, page 3 of Regulation 1 and in place thereof the
following shall apply.
II. With the exception of salvage operations as described in Section V,
Regulation 1, town, city, county, and State solid waste disposal areas presently
in use shall adhere to the following schedule for discontinuing open burning
waste disposal sites:
Towns or cities of 7500 or greater population July 1, 1972
Towns or cities of less than 7500 but more than 5000 July 1, 1973
Towns or cities of less than 5000 but more than 2500 July 1, 1974
Towns of less than 2500 July 1, 1975
The population for determining the above shall be based on the 1970 census
figures.
III. Open burning shall not be permitted at any new waste disposal site
approved and established after the effective date of this regulation (April 5,
1969).
(4.7) Regulation No. 3
AMBIENT AIR QUALITY STANDARDS - FLUORIDES
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling any pollution in the ambient atmosphere which might be caused by
discharges into the outdoor air of fluorides, either as fluorine, hydrogen,
fluoride, or compounds of fluorides, which might be released from any process,
industrial plant, or any other source.
II. Definitions
For the purpose of this subtitle the following words or phrases have
these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Commission: State of New Hampshire Air Pollution Control Commission.
C. Person: Any individual, partnership, firm or co-partnership, associ-
ation, syndicated company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any other entity recognized by law as the subject
of rights and duties.
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D. Emission: A'release into the outdoor atmosphere of air contaminants.
E. Air Contaminants: Soot, cinders, ashes, dust, fume, gas, mist (other
than water), odor, toxic or radioactive material, particulate matter, or any
combination thereof.
F. Forage: Forage, for the purpose of this regulation, shall mean any
vegetable material that might be consumed during the process of grazing, by
livestock such as cattle, sheep, horses, etc., and any grasses or other vege-
tation which might be consumed by deer, moose, or any other wildlife as a major
part of their diet.
III. Directive
The degree of air purity required may depend on the effect on any or all
of the following receptors: Man, animals, vegetation, and property. This is
especially true with such pollutants as fluorides, which not only damage vege-
tation but also may build up in forage crops, concentrations toxic to grazing
ruminants and livestock. Accordingly, the following ambient air quality
standards for fluorine, fluoride, and/or fluoride compounds is established.
A. Total Fluorides (parts of fluoride per million parts of forage) dry
weight basis (as inorganic fluoride compounds) in or on forage for consumption
by grazing ruminants and livestock based on samples taken once each month:
1. Average concentrations over growing season (not to exceed six
consecutive months) - To be less than 40 parts per million.
2. Average concentrations over two consecutive months -
To be less than 60 parts per million.
3. Average concentrations for any month -
To be less than 80 parts per million.
B. Gaseous Fluorides (parts of hydrogen fluoride per billion parts of
air) in air and at plant property line or where a natural barrier acceptable
to the Agency exists, calculated on the basis of volume at 760 mm. of mercury
and at 25°C.
1. 12-hour average to be less than 4.5 parts per billion.
2. 24-hour average to be less than 3.5 parts per billion.
3. 1-week average to be less than 2.0 parts per billion.
4. 1-month average to be less than 1.0 parts per billion.
IV. Analysis
Methods of analysis for fluorine, fluorides and/or compounds of fluorides
in forage or the ambient atmosphere shall be by any generally accepted standard
scientific method or such other method as may be determined by the Agency.
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(51.5) Regulation No. 4
Revised
CONTROL OF VISIBLE AND PARTICULATE EMISSIONS
FROM FUEL BURNING EQUIPMENT
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling visible emissions and/or emissions of particulate matter from fuel
burning equipment into the atmosphere.
II. Definitions
For the purpose of this subtitle the following words or phrases have these
meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. BTU: British Thermal Unit. The quantity of heat required to raise
the temperature of one pound of water one degree Fahrenheit at or near its
point of maximum density.
C. Commission: State of New Hampshire Air Pollution Control Commission.
D. Emission: A release into the outdoor atmosphere of air contaminants.
E. Fuel: Any form of combustible matter — solid, liquid, vapor, or gas,
excluding refuse.
F. Fuel burning or combustion equipment or device: Any furnace or boiler
used for the burning of fuel or for the emission of products of combustion, or
used in connection with any process which generates heat and may emit products
of combustion.
6. Opacity: The degree of optical density of any translucent medium;
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
H. Particulate matter: Any material, except uncombined water, which is
or has been suspended in air or other gases and which exists in a finely divided
form as a liquid or solid at standard conditions.
I. Person: Any individual, partnership, firm or co-partnership, associa-
tion, syndicate, company, trust, corporation, department, bureau, agency, private
or municipal corporation or any other entity recognized by law as the subject
of rights and duties.
J. Ringelmann Smoke Chart: Chart published and described in the U.S.
Department of the Interior, Bureau of Mines, Information Bulletin 8333, and on
which are illustrated graduated shades of grey to black for use in estimating
the obscuring capacity of particulate matter.
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K. Smoke: Small gas borne particles resulting from incomplete com-
bustion, consisting predominantly, but not exclusively, of carbon ash and other
combustible materials.
L. Stack: Any dust passage, chimney, or flue for carrying combusted
gases or products to the atmosphere.
M. MSA Smokescope: An instrument manufactured by the Mine Safety
Appliances Co. for determining density of smoke in stack effluence by comparison
with reference film disc showing equivalents of Numbers 2 and 3 of the Ringelmann
Chart.
III. Visible Emission Control and Prohibition
1. Existing
A. Visible emissions from existing fuel burning equipment. No person
shall cause, suffer, allow, or permit emissions from any existing fuel burning
equipment (i.e., equipment installed prior to the effective date of this regu-
lation), which are darker in shade or appearance than that designated as No. 2
on the Ringelmann Smoke Chart; or of such opacity as to obscure an observer's
view to a degree greater than does smoke designated as No. 2 on the Ringelmann
Smoke Chart.
B. Visible emissions from new fuel burning equipment. No person shall
cause, suffer, allow, or permit emissions from new fuel burning equipment (i.e.,
equipment installed on or after the effective date of this regulation), which
are darker in shade or appearance than that designated as No. 1 on the Ringelmann
Smoke Chart; or of such opacity as to obscure an observer's view to a degree
greater than does smoke designated as No. 1 on the Ringelmann Smoke Chart.
C. Major repairs to existing equipment. When it becomes necessary to
replace fuel burning equipment, it will be considered that the combustion
equipment is new and will be required to operate within the limits imposed in
Paragraph III.B. above.
D. Exceptions. The provisions of subsections III.A. and III.B. shall
not apply to emissions during the building pf a new fire, cleaning of fires, or
soot blowing, the shade or appearance of which may exceed No. 2 on the Ringelmann
Smoke Chart for a period or periods aggregating no more than six minutes in any
60 minutes. Those installations equipped with automatic soot blowers will be
permitted to exceed No. 2 on the Ringelmann Smoke Chart for a period not to
exceed 60 minutes in any 8-hour period.
2. For new steam generators over 250 million BTU/hr. heat input, visible
emissions shall not exceed 20% opacity except for 2 minutes in any one hour
emissions may be as great as 40% opacity.
IV. Particulate Matter Emissions — Control and Prohibition
A. Particulate matter from fuel burning equipment. No person shall cause,
suffer, allow, or permit particulate matter resulting from the combustion of fuel
to be emitted from any stack or chimney into the atmosphere in excess of the rates
set forth in the following table:
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Heat Input in Million Maximum Allowable Emissions of
British Thermal Units Particulate Matter in Pounds Per
Per Hour Million British Thermal Units
0.60
0.46
0.40
-
0.31
0.28
0.24
0.22
0.20
0.19
0.60
0.40
0.35
.10
.10
.10
.10
.10
.10
.10
Existing Fuel New Fuel Burning
Burning Equipment Equipment
Up to and including 10
50
100
250
500
1000
2500
5000
7500
10,000 and above
1. When two or more fuel burning units are connected to a single stack,
the combined heat imput of all units connected to the stack shall be used to
determine the allowable emission from the stack.
2. When a single unit is connected to two or more stacks, the allowable
emission shall not exceed that allowable for the same unit connected to a
single stack.
V. Testing
The Agency may require any person owning or operating the combustion unit
to conduct or have conducted testing to determine compliance with this regulation.
The Agency may, at its option, witness or conduct such tests. Such testing will
be done at a reasonable time and all data obtained will be provided to both
parties.
A. Testing to determine the quantity of emission shall be undertaken by
methods of measurement accepted by the Environmental Protection Agency or the
New Hampshire Air Pollution Control Agency, and at a point or points such as
are representative of the actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the combustion unit shall provide such sampling ports as
might be required, power and water sources and safety equipment such as
scaffolding, railing, ladders, etc., to comply with generally accepted good
safety practices.
VI. Malfunction and Breakdown
In the event of malfunction or breakdown of any combustion equipment or
component part of the air pollution control equipment, emissions exceeding
those specified by this regulation may be permitted by the Agency for a period
not to exceed 48 hours, if the Agency is notified within eight hours of the
malfunction or breakdown. The Commission may upon request of the owner of the
combustion equipment or his authorized representative or at the request of the
Director of the Agency grant an extension of time or temporary variance for a
period longer than 48 hours.
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Regulation No. 4
Revised
CQ
o
a.
exijsting equipment
new equipment
Fuel burning equipment whose heat
input valurifalls between tnble
values may obtain maximum allowable
emission from a logarithmic plot of
the table data. j
ALLOWABLE POUNDS PARTICULATES/MILLION BTU INPUT
-8-
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VII. Existing installations unable to comply with Sections III.A. and/or
IV.A. are required without further request, to submit to the Agency on or
before December 1, 1970, a statement of intent as to how and when compliance
will be achieved. However, all existing installations shall comply with
Sections III.A. and IV.A. not later than December 1, 1971.
(51.6) Regulation No. 5
PREVENTION, ABATEMENT. AND CONTROL OF SULFUR EMISSION
FROM STATIONARY COMBUSTION EQUIPMENT
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling sulfur compounds emitted into the ambient air by controlling the
sulfur content of fuels.
II. Definitions
For the purpose of this subtitle the following words or phrases have
these meanings:
A. ASTM: American Society for Testing and Materials.
B. Agency: State of New Hampshire Air Pollution Control Agency.
C. BTU: British Thermal Unit. The quantity of heat required to raise
the temperature of one pound of water one degree Fahrenheit at or near its
point of maximum density.
D. Commission: State of New Hampshire Air Pollution Control Commission.
E. Emission: A release into the outdoor atmosphere of air contaminants.
F. Fuel: Any form of combustible mattei—solid, liquid, vapor, or gas—
excluding refuse.
G. Person: Any individual, partnership, firm or co-partnership, association,
syndicate, company, trust, corporation, department, bureau, agency, private or
municipal corporation, or any other entity recognized by law as the subject of
rights and duties.
H. Standard conditions: A gas temperature of 68° Fahrenheit and a gas
pressure of 14.7 pounds per square inch, absolute.
I. Sulfur dioxide: A colorless gas at standard conditions which has the
molecular formula S02-
J. Sulfur compound: All organic or inorganic chemicals having an atom
or atoms of sulfur in their chemical structure.
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III. Prohibition
No person shall cause or permit the use, purchase for use, or the sale
for use in stationary combustion installations within the State of New Hampshire
for heat or power generation, fuels containing more sulfur than that specified
below:
A.
No.
No.
Liquid Fuel
2
4
by
by
(Oil)
October
October
1,
1,
1972
1972
Not
Not
more
more
than
than
0.4%
1.0%
Sulfur
Sulfur
by weight
by weight
No. 5 & 6
by October 1, 1972
by October 1, 1973
Not more than 2.0%
Not more than l.(
Sulfur by weight
Sulfur by weight
B. Gaseous Fuel (Natural Gas and Manufactured Gas)
By October 1, 1970, not more than 5 grains per 100 cubic feet calcu-
lated as Hydrogen sulfide (HgS) at standard conditions.
C. Solid Fuel (Coal)
1. By October 1, 1970, existing installations shall not use a coal
with a maximum sulfur content greater than 2.8 pounds sulfur per million BTU
gross heat content, provided that the weighted average of all coal received
during a trimonthly period for use in any existing stationary combustion
installation to generate heat or power does not exceed 2.0 pounds sulfur per
million BTU gross heat content.
2. Coal for any new stationary combustion installation to generate
heat or power placed in operation on or after the effective date of this regu-
lation shall contain as a maximum not more than 1.5 pounds sulfur per million
BTU gross heat content, provided that the weighted average of all coal received
during a trimonthly period does not exceed 1.0 pound of sulfur per million BTU
gross heat content.
IV. Exemption
A. Any person may upon application to the Commission be granted a variance
to operate fuel burning equipment using coal or residual fuel oil as a fuel which
exceeds the sulfur content prescribed in paragraph III above, provided that the
applicant shall prove to the satisfaction of the Agency that the eqjipment is
operated in such a manner or is equipped with such control apparatus as to con-
tinuously prevent the emission of any sulfur compound or compounds in the amounts
which would be permitted by the same combustion equipment without such control
apparatus using fuel whose sulfur content was in compliance with that specified
above at the appropriate time.
B. The provisions of this regulation shall not apply to the burning of
sulfur, hydrogen sulfide, acid sludge, or other sulfur compounds in the manufac-
ture of sulfur or sulfur compound.
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V. Fuel Analysis
All major companies which supply fuel for use, or for sale for use,
within the State, shall provide the Agency with a copy of a report of laboratory
analysis for each different consignment of fuel; such analysis shall include
viscosity, sulfur content, and BTU's per pound for fuel oils; ash, sulfur con-
tent, and BTU's per pound for solid fuels.
The Agency may take, or cause to be taken, samples of any fuel in such
quantity as may be necessary at any reasonable time and place for purposes of
determining compliance with this regulation. Sampling, compositing, and
analysis of fuel samples shall be carried out in accordance with the most
recent ASTM methods or equivalent methods acceptable to the Agency.
(51.9) Regulation No. 6 Revised
PREVENTION. ABATEMENT AND CONTROL OF
AIR CONTAMINANTS FROM INCINERATORS
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the atmos-
phere from incinerators.
II. Definitions
For the purpose of this subtitle the following words or phrases have
these meanings:
A. Air contaminant: Soot, cinders, ashes, dust, fume, gas, mist (other
than water), odor, toxic or radioactive material, particulate matter, or any
combination thereof.
B. Incinerator: An engineered apparatus capable of withstanding elevated
temperatures and designed to efficiently reduce, by burning, solid, semi-solid,
or gaseous combustible waste at specified rates and from which the residues contain
little or no combustible matter.
C. Particulate Matter: Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard conditions.
D. Ringelmann Chart: Chart published and described in U.S. Department
of the Interior, Bureau of Mines, Information Circular 8333, 1967, and on which
are illustrated graduated shades of grey to black for use in estimating the light
obscuring capacity of smoke.
E. MSA Smokescope: Instrument manufactured by Mine Safety Appliances Co.
for determining density of smoke in stack effluent by comparison to reference
film disc showing equivalents of Nos. 2 and 3 on the Ringelmann Chart.
F. Stack: Any duct, passage, chimney, or flue for carrying combustion
gases or products of combustion to the atmosphere.
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G. Emission: The release into the outdoor atmosphere of air contaminants.
H. Flue Gas: The products of combustion that leave the incinerator by
way of a flue or stack.
I. Fly Ash: Any solids carried in the gas stream being emitted from a
flue or stack.
J. Heat Release: The amount of heat liberated by the complete combustion
of a given unit of a specific material and expressed as BTU's per hour per cubic
foot of the inside volume of the furnace in which the combustion takes place.
K. Heating Values: The BTU's released by the combustion of a unit
quantity of fuel or waste.
L. BTU: The quantity of heat required to raise the temperature of one
pound of water one degree Fahrenheit at or near its point of maximum density.
M. Commission: State of New Hampshire Air Pollution Control Commission.
N. Agency: State of New Hampshire Air Pollution Control Agency.
0. Standard Cubic Foot: One cubic foot of gas at 68°F. and 14.7 pounds
per square inch, absolute.
P. Opacity: The degree of optical density of any translucent medium,
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
Q. Sewage Sludge Incinerator: Any combustion device used in the process
of burning sewage sludge for the primary purpose of solids sterilization and
to reduce the volume of waste by removing combustible matter, but does not
include portable facilities or facilities used solely for burning scum or other
floatable materials recalcining lime, or regenerating active carbon.
III. Classification of Wastes (as defined by the Incinerator Institute of
America standards)
Type 0
Trash, a mixture of highly combustible waste such as paper, cardboard
cartons, wood boxes, and combustible floor sweepings, from commercial and
industrial activities. The mixtures contain up to 10 percent by weight of
plastic bags, coated paper, laminated paper, treated corrugated cardboard, oily
rags, and plastic or rubber scraps. This type of waste contains 10 percent
moisture, 5 percent incombustible solids, and has a heating value of 8500 BTU's
per pound as fired.
Rubbish, a mixture of combustible waste such as paper, cardboard cartons,
wood scrap, foliage and combustible floor sweepings, from domestic, commercial
and industrial activities. The mixture contains up to 20 percent by weight of
restaurant or cafeteria waste but contains little or no treated papers, plastic
or rubber waste. This type of waste contains 25 percent moisture, 10 percent
incombustible solids, and has a heating value of 6500 BTU's per pound as fired.
-12-
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Refuse, consisting of an approximately even mixture of rubbish and
garbage by weight. This type of waste is common to apartment and residential
occupancy, consisting of up to 50 percent moisture, 7 percent incombustible
solids, and has a heating value of 4300 BTU's per pound as fired.
Type 3
Garbage, consisting of animal and vegetable wastes from restaurants,
cafeterias, hotels, hospitals, markets and like installations. This type of
waste contains up to 70 percent moisture, 5 percent incombustible solids, and
has a heating value of 2500 BTU's per pound as fired.
Human and animal remains, consisting of carcasses, organs and solid
organic wastes from hospitals, laboratories, abattoirs, animal pounds and
similar sources, consisting of up to 85 percent moisture, 5 percent incombust-
ible solids, and having a heating value of 100 BTU's per pound as fired.
By-product waste, gaseous, liquid, or semi-liquid, such as tar, paints,
solvents, sludge, fumes, etc., from industrial operations. BTU values must be
determined for the individual materials to be destroyed.
Type 6
Solid by-product waste, such as rubber, plastics, wood waste, etc., from
industrial operations. BTU values must be determined for the individual mate-
rials to be destroyed.
IV. Classification of Incinerators (as defined by the Incinerator Institute
of America Standards)
Class I
Portable, packaged, completely assembled, direct fed incinerators, having
not over 5 cubic feet storage capacity or 25 pounds per hour burning capacity
and suitable for Type 2 waste.
Class IA
Portable, packaged or job assembled, direct fed incinerators, 5 to 15
cubic feet primary chamber volume; or a burning rate of 25 pounds per hour up
to but not including 100 pounds per hour of Type 0, Type 1 or Type 2 waste; or
a burning rate of 25 pounds per hour up to but not including 75 pounds per
hour of Type 3 waste.
Class II
Flue-fed, single chamber incinerators with more than 2 square feet burning
area, suitable for Type 2 waste. This type of incinerator is served by one ver-
tical flue functioning both as a chute for charging waste and to carry the
products of combustion to atmosphere.
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Class IIA
Chute-fed multiple chamber incinerators with more than 2 square feet
burning area, suitable for Type I (non-industrial) or Type 2 waste. This
type of incinerator is served by a vertical chute for charging wastes from
two or more floors above the incinerator and a separate flue for carrying the
products of combustion to atmosphere.
Class III
Direct fed incinerators with a burning rate of 100 pounds per hour or
over, suitable for Type 0, Type 1 or Type 2 waste.
Class IV
Direct fed incinerators with a burning rate of 75 pounds per hour or
over, suitable for Type 3 waste.
Class V
Municipal incinerators suitable for Type 0, Type 1, Type 2, or Type 3
wastes or a combination of all four wastes and are rated in tons per hour or
tons per 24 hours.
Class VI
Crematory and pathological incinerators, suitable for Type 4 waste.
Class VII
Incinerators designed for specific by-product wastes, Type 5 or 6.
V. Incinerator Construction Prohibited Without Prior Approval
The construction, reconstruction, installation, or substantial alteration
of incinerators after the effective date of this regulation is prohibited unless
detailed plans and specifications therefor have been submitted to, and approved
by, the Agency.
VI. Emission Standards for New Incinerators
Incinerators constructed, reconstructed, installed, or substantially
altered after the effective date of this regulation shall conform to the following
emission standards:
A. There shall not be discharged into the atmosphere from any incinerator
any air contaminant for a period or periods aggregating more than three minutes
in any one hour which is as dark or darker in shade than that designated as No. 1
on the Ringelmann Chart or determined by use of the MSA Smokescope, or of such
opacity as to obscure an observer's view to a degree greater than does smoke
designated as #1 on the Ringelmann Smoke Chart.
B. Incinerators of 200 pounds per hour capacity and less shall not emit
more than 0.3 grains of particulate matter per standard cubic foot of dry flue
gas corrected to 12 percent carbon dioxide'(without the contribution of carbon
dioxide from auxiliary fuel).
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C. Incinerators of over 200 pounds per hour capacity shall not emit
more than 0.2 grains of particulate matter per standard cubic foot of dry
flue gas corrected to 12 percent carbon dioxide (without the contribution of
carbon dioxide from auxiliary fuel).
D. After the effective date of this part, new incinerators whose
changing rate is over 50 tons per day shall not be operated in such a manner
as to discharge or cause the discharge into the atmosphere any gases which
contain more than 180 milligrams/N m3, 0.080 grains of particulate matter per
standard cubic foot corrected to 12% C02 (maximum 2-hour average).
E. After the effective date of this part, new sewage sludge incinerators
shall not be operated in such a manner as to discharge or cause the discharge
into the atmosphere any gases which
(1) Contain particulate matter in excess of 0.65 g/Kg
dry sludge input. (1.30 Ib./ton dry sludge input)
(2) Exhibit 20% opacity or greater. Where the presence
of uncombined water is the only reason for failure to
meet the requirements of this part, such failure shall
not be a violation of this part.
VII. Emission Standards for Existing Incinerators
Incinerators existing on the effective date of this regulation shall
conform to the following standards:
A. There shall not be discharged into the atmosphere from any existing
incinerators any air contaminant for a period or periods aggregating more than
three minutes in any one hour which is darker in shade than that designated as
No. 2 on the Ringelmann Chart or determined by use of the MSA Smokescope, or
of such opacity as to obscure an observer's view to a degree greater than does
smoke designated as #2 on the Ringelmann Smoke Chart.
B. Existing incinerators shall not emit more than 0.4 grains of parti-
culate matter per standard cubic foot of dry flue gas corrected to 12 percent
carbon dioxide (without the contribution of carbon dioxide from auxiliary fuel).
C. Existing incinerators having a capacity of 200 pounds or less per
hour shall conform to the emission standards of new incinerators as specified
in paragraph VI at the earliest practicable date, but in no case later than
two years from the effective date of this regulation.
D. Existing incinerators having a capacity of more than 200 but less
than 1000 pounds per hour shall conform to the emission standards of new
incinerators as specified in paragraph VI at the earliest practicable date but
in no case later than three years from the effective date of this regulation.
E. Existing incinerators having a capacity of more than 1000 pounds per
hour shall conform to the emission standards of new incinerators as specified
in paragraph VI at the earliest practicable date but in no case later than five
years from the effective date of this regulation.
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VIII. Testing
The Agency may require any person owning or operating the equipment to
conduct or have conducted testing to determine compliance with this regulation.
The Agency may, at its option, witness or conduct such tests. Such testing
will be done at a reasonable time and all data obtained will be provided to
both parties.
A. Testing to determine the quantity of emission shall be undertaken by
methods of measurement accepted by the National Air Pollution Control Administra-
tion or the Agency, and at a point or points such as to be representative of the
actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the equipment shall provide such sampling ports as might be
required, power and water sources and safety equipment such as scaffolding,
railing, ladders, etc., to comply with generally accepted good safety practices.
IX. Incinerator Manufacturer's Name Plate
The manufacturer's name plate shall be installed in a conspicuous place
on the incinerator, giving model number, rated capacity, and the types of waste
for which the unit is designed.
X. Posting of Instructions for Operation of Incinerators
Detailed instructions for the operation of each incinerator shall be
posted in a conspicuous place near the unit.
XI. Trained and Competent Operator Required
The owner is responsible for having an operator, trained and competent
in the operation of the incinerator, in charge of the facility.
XII. Malfunction and Breakdown
In the event of malfunction or breakdown of any incinerator or component
part of the air pollution control equipment emissions exceeding those specified
by this regulation may be permitted by the Agency for a period not to exceed
48 hours, if the Agency is notified within 8 hours of the malfunction or break-
down. The Commission may upon request of the owner of an incinerator or his
authorized representative or at the request of the Director of the Agency grant
an extension of time or temporary variances for a period longer than 48 hours.
XIII. Compliance Schedule
Owners/operators of existing incinerators as specified in Section VII.E.
must submit to the Agency prior to December 31, 1972, a compliance schedule de-
lineating the progressive steps required to bring these incinerators into
compliance with this regulation on or before April 15, 1975. Such progressive
steps shall include but are not limited to; date for submittal of engineering
plans, proof of purchase of the required control equipment, date for installation
and operation of the modified or new incinerator. Compliance schedules shall
be subject to the approval of the Director.
XIV. Nothing in this regulation shall be interpreted as prohibiting the Agency
from approving the construction of any incinerator which will introduce:
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A. New methods which may improve upon combustion and reduce air pollution.
B. New design and engineering features which may improve upon combustion
and reduce air pollution.
(51.20) Regulation No. 7 Revised
PREVENTION. ABATEMENT AND CONTROL
OF AIR CONTAMINANTS FROM WASTE BURNERS
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the air
from waste burners.
II. Definitions
For the purpose of this regulation the following words and phrases shall
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Air Contaminant: Soot, cinders, ashes, dust, fume, gas, mist (other
than water), odor, toxic or radioactive material, particulate matter, or any
combination thereof.
C. Commission: State of New Hampshire Air Pollution Control Commission.
D. Emission: The release into the outdoor atmosphere of air contaminants.
E. M.S.A. Smokescope: Instrument manufactured by Mine Safety Appliances
Co. for determining density of smoke in stack effluent by comparison to refer-
ence film disc showing equivalents of Numbers 2 and 3 on the Ringelmann Chart.
F. Particulate Matter: Any material, except uncombined water, which
exists in a finely divided form as a liquid or solid at standard conditions.
G. Ringelmann Chart: Chart published and described in the U.S. Depart-
ment of the Interior, Bureau of Mines, Information Circular 8333 of 1967, and
on which are illustrated graduated shades of grey to black for use in estimating
the light obscuring capacity of smoke.
H. Standard Cubic Foot: One cubic foot of gas at 68° Fahrenheit and
14.7 pounds per square inch absolute.
I. Waste: For this regulation waste shall be limited to include only
that portion of refuse defined as trade waste in Section II of Regulation I,
and further limited to mean "combustible material resulting from the processing
of wood and/or wood products."
0. Waste Burner: Any article, machine, equipment, contrivance, or device,
including, but not limited to, burners commonly known as tepees, wigwams, truncated
cones and silos, which are not incinerators as defined in Regulation 6, used to
dispose of combustible waste by burning.
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III. Construction of Waste Burners
Construction, reconstruction, or substantial alteration of waste burners
is prohibited after the effective date of this regulation, unless detailed
plans and specifications have been submitted to, and approved by, the Agency.
Waste burners may be used only for the purpose of burning wood waste.
IV. Emission Standards
Waste burners constructed, installed, reconstructed, or substantially
altered after the effective date of this regulation shall.conform to the follow-
ing emission standards:
A. There shall not be discharged into the atmosphere from any waste
burner any air contaminant for a period or periods aggregating more than
three minutes in any hour which is as dark or darker in shade as that desig-
nated as No. 2 of the Ringelmann Chart and determined by use of an M.S.A.
Smokescope, or of such opacity as to obscure an observer's view to a degree
greater than does smoke designated as #2 on the Ringelmann Smoke Chart.
B. Particulate matter shall not be discharged into the atmosphere from
any waste burner which exceeds 0.3 grains per standard cubic foot of dry flue
gas corrected to 12 percent carbon dioxide (without the contribution of carbon
dioxide from an auxiliary fuel).
V. Testing
The Agency may require any person owning or operating the equipment to
conduct or have conducted testing to determine compliance with this regulation.
The Agency may, at its option, witness or conduct such tests. Such testing
will be done at a reasonable time and all data obtained will be provided to
both parties.
A. Testing to determine the quantity of emission shall be undertaken by
methods of measurement accepted by the National Air Pollution Control Administra-
tion or the Agency, and at a point or points such as to be representative of the
actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the equipment shall provide such sampling ports as might
be required, power and water sources and safety equipment such as scaffolding,
railing, ladders, etc., to comply with generally accepted good safety practices.
VI. Existing Waste Burners
Five years from the effective date of this regulation all waste burners
shall meet the emission standards set forth in Section IV of this regulation.
VII. Exception
Backyard waste burners as excepted under the conditions specified in
Section IV.G. of Regulation 1 are excepted from this regulation. Municipal
waste burners are excepted from the provisions of this regulation provided
that they comply with the provision established for incinerators as specified
in Regulation 6, Section VII.
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VIII. Manufacturer's Name Plate
The manufacturer's name plate shall be installed in a conspicuous place
on the waste burner, giving model number and capacity rate.
IX. Posting of Instruction for Operation
Detailed instruction for the operation of each waste burner shall be
posted in a conspicuous place near the facility.
X. Competent Operators
The owner is responsible for having an operator trained and competent in
the operation of the facility in charge of the facility.
XI. Compliance Schedule
Owners/operators of existing waste burners as specified in Section VI
must submit to the Agency prior to December 1, 1972, a compliance schedule
delineating the progressive steps required to bring these waste burners into
compliance with this regulation on or before April 15, 1975. Such progressive
steps shall include, but are not limited to; date for submittal of engineering
plans, proof of purchase of the required control equipment, date for installation
and operation of the modified waste burner. Compliance schedules shall be sub-
ject to the approval of the Director.
(51.8) Regulation No. 8 Revised
EMISSIONS FROM ASPHALT PLANTS
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the air
by the operation of hot mix asphalt plants.
II. Definitions
For the purpose of this subtitle the following words or phrases have
these meanings:
A. Agency: State Air Pollution Control Agency.
B. Commission: State Air Pollution Control Commission.
C. Air Contaminants: Soot, cinders, ashes, dust, fumes, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
D. Emission: The release into the outdoor atmosphere of air contaminants.
E. Plant: An asphaltic hot mix plant including all equipment utilized
in the manufacture of asphaltic hot mix concrete: e.g., burners, dryers, eleva-
tors, screens, mixers, weighing equipment,-bins, air pollution control equipment,
etc.
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F. Participate matter: Any material except uncombined water, which is
or has been suspended in air or other gases and exists in a finely divided form
as a liquid or solid at standard conditions.
G. Ringelmann Chart: Chart published and described in the U. S. Depart-
ment of the Interior, Bureau of Mines, Information Circular 8333 and on which
are illustrated graduated shades of grey to black for use in estimating the
obscuring capacity of particulate matter.
H. Person: Any individual, partnership, firm or co-partnership, associ-
ation, syndicate, company, trust, corporation, department, bureau, agency,
private or municipal corporation, or any other entity recognized by law as the
subject of rights and duties.
I. Fugitive dust: Any and all particulate matter generated by the
operation of an asphalt mix plant which, if not confined or collected, would
be emitted directly to the air from points other than the stack outlet.
J. Opacity: The degree of optical density of any translucent medium;
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
III. Emission of Smoke Prohibited
A. No person shall cause, suffer, allow, or permit the emission of smoke
into the open air from any fuel burning equipment operated in conjunction with
an asphalt plant darker in shade or appearance than that designated as No. 1 on
the Ringelmann Smoke Chart, or of such opacity as to obscure an observer's view
to a degree greater than does smoke designated as #1 on the Ringelmann Smoke
Chart.
B. Subsection III.A. shall not apply to smoke emitted during the
starting operation and a Ringelmann No. 3 (60% equivalent opacity) or less
shall be permitted for a period not to exceed three minutes per startup.
IV. Control of Particulate Emissions
A. No person shall cause, suffer, allow, or permit particulate emission
from a plant into the open air in excess of the quantities listed in the follow-
ing table:
Aggregate Stack
Process Rate Emission Rate
Pounds per Hour Pounds per Hour
10,000 10
20,000 16
30,000 22
40,000 28
50,000 31
100,000 33
200,000 37
300,000 40
400,000 43
500,000 and above ' 47
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For a process weight between any two consecutive
process weights stated in this table, the emission
limitation shall be determined by interpolation.
B. New or Modified Asphalt Plants
No person shall cause, suffer, allow or permit the operation of a
new or modified asphalt plant in such a manner as to (a) emit particulate
matter in excess of 90 milligrams per dry normal cubic meter (0.04 gr/dscf);
(b) exhibit 20% capacity or greater. When the presence of uncombined water is
the only reason for failure to meet the requirements of this paragraph, such
failure shall not be a violation of this part.
C. When a plant is equipped with more than one stack the emission rate
shall be based on the total emissions from all stacks.
D. No person shall cause, suffer, allow, or permit a plant to operate
that is not equipped with a fugitive dust control system operated and maintained
in such a manner as to prevent the emission of particulate matter from any point
other than the stack outlet. Overflow chutes are excepted from this section.
E. The plant owner and/or operator shall control the dust from vehicular
movement over access roads to, from, and within the plant premises by suitable
means; e.g., paving, oiling, wetting, or other. Good operating practices shall
be maintained at all times relative to stockpiling, screen changing, and general
maintenance.
F. At such time as the Agency may request, the person owning or
operating the plant shall submit all data on type, sizing, and quantity of the
aggregates used, and hours of plant operation.
V. Testing
The Agency may require any person owning or operating the. equipment to
conduct or have conducted testing to determine compliance with this regulation.
The Agency may, at its option, witness or conduct such tests. Such testing
will be done at a reasonable time and all data obtained will be provided to both
parties.
A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the National Air Pollution Control
Administration or the Agency, and at a point or points such as to be repre-
sentative of the actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the equipment shall provide such sampling ports as might
be required, power and water sources and safety equipment such as scaffolding,
railing, ladders, etc., to comply with generally accepted good safety practices.
VI. Notification
All persons owning or operating an asphalt hot mix plant shall notify
the Agency of the name of the individual operating the plant, location of the
plant, size, make, and type of air pollution control equipment on forms supplied
by the Agency within 30 days of the effective date of this regulation.
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When such plants are modified by changes in burner design, heating fuel,
fan capacity, dryer design, air pollution control equipment or like changes
which significantly affect the emission characteristics of the plants, the
owner or operator shall then renotify the Agency of these changes within 30
days after placing such modification in operation.
When an existing plant is moved from one location to another, the plant
owner or operator shall notify the Agency within 5 days of the site of the new
location.
VII. Malfunctions and Breakdowns
In the event of any malfunction in equipment or the breakdown of any
component part of the air pollution control equipment, emissions exceeding those
specified may be permitted by the Agency for a period not to exceed 48 hours,
if the Agency is notified within eight hours of the malfunction or breakdown.
The Commission may upon request of the owner or operator of the plant or at
the request of the Director of the Agency grant an extension of time or tempo-
rary variance for a period longer than 48 hours.
(12.0) Regulation No. 9
PREVENTION, ABATEMENT AND CONTROL OF EMISSIONS FROM
DIESEL ENGINES AND MOTOR VEHICLES
I. This regulation is adopted for the purpose of preventing, abating and
controlling emissions into the ambient air from diesel engines and motor
vehicles.
II. Definitions
For the purpose of this regulation, the following words and phrases
shall have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Commission: State of New Hampshire Air Pollution Control Commission.
C. Crankcase: The three-dimensional space within an engine which is
connected to the oil sump by internal passages through which gases and vapor
can flow.
D. Crankcase emission: Substances consisting of gases and/or vapors
which have leaked past the piston rings and/or intake or exhaust valve mechan-
isms, and oil decomposition products which are emitted to the atmosphere through
any opening in the crankcase.
E. Diesel engine: Any engine using diesel oil as a fuel and having
compression ignition.
F. Emission: A release into the outdoor atmosphere of air contaminants.
G. Exhaust emission: Substances emitted to the atmosphere from any
opening downstream from the exhaust manifold of a motor vehicle engine.
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H. Motor Vehicle: Gasoline powered vehicles with spark ignition engines,
including motorcycles, but excluding snow, water and similar type of vehicle.
I. Person: Any individual, partnership, form or co-partnership, asso-
ciation, syndicate, company, trust, corporation, department, bureau, agency,
private or municipal corporation, or any other entity recognized by law as the
subject of rights and duties.
III. Directive
A. Diesel Engines. This part shall apply to all diesel engines operated
in this State.
1. No diesel engine manufactured on or after January 1, 1970, shall emit
smoke which will reduce the transmission of light by more than 20 percent,
average over a 15-second period. No diesel engine manufactured before January 1,
1970, shall emit smoke which will reduce the transmission of light by more than
30 percent, averaged over a 15-second period, and such engines shall conform to
the requirements of those manufactured on or after January 1, 1970, by July 1,
1973. Individual smoke puffs will be permitted provided that they do not ex-
ceed 10 seconds duration and reduce the transmission of light by an average of
more than 40 percent.
2. No diesel engine which provides motive power in a bus or truck shall
be allowed to idle for more than five consecutive minutes when the bus or truck
is not in motion except as provided below.
3. No person owning or operating a diesel engine may alter or remove
any smoke control device or system (including the basic fuel system) which may
limit or reduce the ability of that device or system to control smoke except as
provided below.
B. Exceptions
1. When a diesel powered vehicle is forced to remain motionless because
of traffic conditions over which the operator has no control, the provisions of
section III.A.3 shall not apply.
2. The provisions of section III.A.2 shall not apply in an area where
temperatures below -10°F. are predicted. When such idling is permitted by this
exception, no nuisance shall be created.
3. The five-minute idling limitation of section III.A.2 may be exceeded
when diesel engines are providing power takeoff, for refrigeration, life gate
pumps or other auxiliary uses, or to supply heat or air conditioning necessary
for passenger comfort in those vehicles intended for commercial passenger trans-
portation.
4. Diesel engines undergoing maintenance will be exempt from the pro-
visions of subsection III.A.I, 2, and 3, if necessary during such periods of
maintenance but only when operated by a qualified mechanic.
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C. Motor Vehicles. This section shall apply to all gasoline engine pro-
pelled vehicles operated in this State.
1. All motor vehicles manufactured since 1967 year model will comply
with all federal laws pertaining to the installation of air pollution control
devices.
2. No person shall operate a motor vehicle which emits visible smoke,
gases, or fumes (except water vapor or steam) while standing or moving on the
roads or highways of the State, except during initial startups and periods of
warmups.
3. No person shall remove, alter, or otherwise render inoperative ex-
haust emission control, crankcases, ventilation, or any other air pollution
control device which was installed as a requirement of federal and New Hampshire
State law or regulation except as provided below.
4. No person shall operate a motor vehicle originally equipped with air
pollution control devices as required by federal or State law or regulation un-
less such devices are in place and in operating condition.
5. No gasoline engine which provides motive power in a bus or truck
shall be allowed to idle for more than five consecutive minutes when the bus
or truck is not in motion except as provided below.
D. Exceptions
1. The requirements of section III.C.3, and 4 shall not apply to an
alteration or modification to use a fuel other than gasoline where it has
been shown that the emission from such modified or altered vehicle is at
levels which comply with existing State or Federal standards for emissions
from motor vehicles.
2. The provisions of sections III.C.2, 3, and 4 shall not apply to
motor vehicles or motorcycles used only for racing on an established raceway,
race course, or race track provided that no nuisance of either noise or odor
is created.
3. The five-minute idling limitation of section III.C.5 may be exceeded
when gasoline engines are providing power takeoff for refrigeration, lift gate
pumps, or other auxiliary uses, or to supply heat or air conditioning necessary
for passenger comfort in those vehicles intended for commercial passenger trans-
portation.
IV. Testing
Testing to determine compliance with this regulation shall be in accord-
ance with methods specified by the Environmental Protection Agency and/or the
Agency including dynamometer procedure and opacity meter measurement. All such
testing will be conducted only after the initial startup and warmup periods
have been completed.
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(51.4) Regulation No. 10 Revised
PREVENTION, ABATEMENT. AND CONTROL
OF AIR CONTAMINANTS FROM FERROUS FOUNDRIES
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the out-
door atmosphere from ferrous foundries.
II. Definitions
For the purpose of this regulation the following words and phrases shall
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. ASTM: American Society for Testing and Materials.
C. Commission: State of New Hampshire Air Pollution Control Commissibn.
D. Emission: A release into the outdoor atmosphere of air contaminants.
E. Fumes: Very small particles resulting from chemical reaction or from
the condensation of vapors produced in combustion, distillation or sublimation.
They are commonly metals or metallic oxides and their composition may be dif-
ferent from that of the parent material from which they originate.
F. Foundry: Any installation used for melting and/or refining of
ferrous metals, consisting of, but not limited to, furnace proper, checkers,
flues, stack, tuyerer, fans or blowers, tapping spout, charging equipment,
gas cleaning devices and other auxiliaries. The foundry furnaces may be
cupola, rotary, reverbatory, electric, air, open hearth, crucible, etc.
G. Particulate Matter: Any material, except uncombined water, which
is or has been suspended in air or other gases, and which exists in a finely
divided form as a liquid or solid at standard condition.
H. Person: Any individual, partnership, firm or co-partnership, associ-
ation, syndicate, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any other entity recognized by law as the subject of
rights and duties.
I. Process Weight: The total weight of all materials introduced into
any source operation. Solid fuel charged will be considered as part of the
process weight but liquid and gaseous fuels and uncombined water and combustion
air will not.
J. Process Weight Rate: 1) For continuous or long-run, steady-state
source operations, the total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by the number of hours of
such period or part thereof,
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2) For a cyclical or batch source operation, the total process
weight for a period that covers a complete operation or an integral number
of cycles, divided by the hours of actual process operation during such a
period. When the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this defini-
tion, the interpretation that results in the minimum value for allowable
emission shall apply.
K. Standard Conditions: A gas temperature of 68°F. and a gas pressure
of 14.7 Ibs/square inch absolute.
III. Prohibition
A. No person shall cause, suffer, allow, or permit the emission of
particulate matter and fumes which will exceed those limits specified in
Table 1, from any ferrous foundry in operation on or prior to the effective
date of this regulation.
B. When it becomes necessary to replace a foundry furnace, which was
in operation prior to May 12, 1971, but not after the effective date of this
revision, with a furnace which is larger, the provisions of Table 1 for new
installations shall apply upon completion of said replacement.
C. Any ferrous foundry placed in operation after May 12, 1971, but
prior to the effective date of this revision will be required to comply with
the provisions of Table 1, "New Installations."
D. After the effective date of this part no person shall cause, suffer,
permit or allow new or modified ferrous foundries to be operated in such a
manner as to discharge or cause the discharge into the atmosphere any gases
which: 1) contain particulate matter in excess of 50 milligrams
per dry standard m3 (0.022 grains DSCF).
IV. Testing
The Agency may require any person owning or operating a foundry to
conduct or have conducted testing to determine compliance with this regulation.
The Agency may, at its option, witness or conduct such tests. Such testing
will be done at a reasonable time and all data obtained will be provided to
both parties.
A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the Environmental Protection Agency or
the New Hampshire Air Pollution Control Agency and at a point or points such
as are representative of the actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the foundry shall provide such sampling ports as might be
required, power and water sources and safety equipment such as scaffolding,
railings, ladders, etc., to comply with generally accepted good safety prac-
tices.
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V. Malfunction or Breakdown
In the event of malfunction or breakdown of any component part of the
air pollution control equipment, emissions in excess of those specified in
this regulation may be permitted by the Agency for a period not to exceed 48
hours, provided that the Agency is notified within eight hours of the malfunction
or breakdown.
The Commission may, upon request of the foundry owner or his authorized
representative, or at the request of the Director of the Agency, grant an ex-
tension of time or temporary variance for a period longer than 48 hours.
VI. Existing installations unable to comply with Section III.A are required
without further request to submit to the Agency on or before January 1, 1972.
a statement of intent as to how and when compliance will be achieved. However,
all existing installations shall comply with Section III.A not later than
January 1, 1973.
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Table 1
Process
Weight Rate
(Ibs/hr)
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
1,000,000
2,000,000
NEW INSTALLATIONS
Emission Rate
(Ibs/hr)
0.36
0.55
1.53
2.58
7.58
12.0
19.2
40.0
42.5
46.3
49.0
51.2
69.0
77.6
EXISTING INSTALLATIONS
Emission Rate
(Ibs/hr)
0.43
0.68
1.99
3.17
9.35
14.85
23.62
49.31
51.03
55.55
58.88
61.53
82.75
93.11
Interpolation of the data in Table 1 for the process weight rates up
to 60,000 Ibs/hr. shall be accomplished by the use of the equations:
E = 4.10 P0'67 P < 30 tons/hr- New Installations
E = 5.05 P0-67 P < 30 tons/hr - Existing Installations
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr. shall be accomplished by use of the equations:
B0.11
Where:
E = 55.0 PU-1A - 40 P> 30 tons/hr - New Installations
E = 66.0 P0'11 - 48 P>30 tons/hr - Existing Installations
E = Emissions in pounds per hour
P = Process Weight Rate in tons per hour
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(4.1 - Regulation No. 11
4.6)
PARTICIPATE MATTER. SULFUR DIOXIDE. NITROGEN OXIDES. HYDROCARBONS.
CARBON MONOXIDE. AND PHOTOCHEMICAL OXIDANTS
I. Purpose
This regulation is adopted for the purpose of delineating a maximum
concentration and duration of time for particulates, sulfur dioxide, nitrogen
oxides, hydrocarbons, carbon monoxide, and photochemical oxidants, either
separately, in combination with each other, or in combination with other
contaminants in the ambient air, which are deemed compatible with the health
and welfare of man.
II. Background
Pursuant to the Clean Air Act of 1967, certain areas of each State
were designated as air quality control regions. On October 6, 1970, Cheshire
Sullivan, Hillsborough, Merrimack, Bel knap, Rockingham, and Strafford counties
were designated as the New Hampshire portion of the Merrimack Valley-Southern
New Hampshire Air Quality Control Region. On November 14, 1970, Coos County
was designated as part of the Androscoggin Valley Air Quality Control Region.
By the Clean Air Amendment of 1970, those areas of a State not already included
in an air quality control region were required to be included in one or more
such regions. Consequently on April 1, 1971, Grafton and Carroll counties were
designated as the Central New Hampshire Intrastate Air Quality Control Region
by the U.S. Environmental Protection Agency.
By the Clean Air Act of 1967 those areas of a State declared a part of
an air quality control region were required to adopt ambient air quality stand-
ards to ensure the public health and welfare in that region. The Clean Air
Amendment of 1970 further required the promulgation of national primary and
secondary ambient air quality standards; primary standards are those protective
of public health and secondary standards are those protective of the public
welfare. The secondary standards are the more stringent.
Accordingly, primary ambient air quality standards, to be attained and
maintained by 1975, are hereby adopted for the entire State of New Hampshire.
These primary standards are equivalent to the federal secondary standards and
are therefore protective of both the public health and welfare. The promulga-
tion of New Hampshire primary ambient air quality standards shall not be con-
sidered in any manner to allow significant deterioration of existing air quality
in any portion of the State.
III. Definitions
For the purpose of this regulation the following words or phrases shall
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Air Contaminants: Soot, cinders, ashes, dust, fumes, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
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C. Ambient Air: The unconfined atmosphere which envelops the earth.
D. Arithmetic Mean: The sum of N (number) factors divided by N.
E. Carbon Monoxide: A colorless, odorless, toxic gas having the
molecular formula CO and produced by incomplete burning of carbon containing
substances.
F. Daily Average: A mean value, arithmetic or geometric as indicated,
determined for a period of one day.
G. Emission: A release into the outdoor atmosphere of air contaminants.
H. Geometric Mean: The N (number) root of the product of N factors.
I. Hydrocarbons: Compounds whose molecules consist of atoms of carbon
and hydrogen and which exist in the atmosphere in a gaseous state at standard
conditions.
J. Nitrogen Oxides (NOX): A mixture of gases, the most significant
components of which are nitric oxide, having the molecular formula NO and
nitrogen dioxide, having the molecular formula NO?. These gases are found in
the atmosphere and are produced by man by the high temperature combustion of
fuel in excess air.
K. Particulate Matter: Any material except uncombined water which is
or has been suspended in air or other gases and which exists in a finely divided
form as a liquid or solid at standard conditions.
L. Photochemical Oxidants: Substances resulting from a complex series
of atmospheric reactions initiated by sunlight. When reactive organic sub-
stances and nitrogen oxides accumulate in the atmosphere and are exposed to
the ultraviolet component of sunlight the formation of new compounds (photo-
chemical oxidants), including ozone and peroxyacyl nitrates, takes place.
M. Standard Conditions: A gas temperature of 68°F and a gas pressure
of 14.7 Ibs/sq. inch absolute.
N. Sulfur Dioxide: A colorless gas at standard conditions with a pungent
suffocating odor, having a molecular formula of S02-
IV. Directive
The degree of air purity required for particulate matter, sulfur dioxide,
hydrocarbons, nitrogen oxides, carbon monoxide, and photochemical oxidants de-
pends upon the adverse effects upon any or all receptors such as man, animals,
vegetation, and property. In order to prevent the buildup of concentrations
which might adversely affect the health and welfare of man, the following
primary standards are hereby established.
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A. Particulate Matter
3 1. The total suspended participate matter shall be reported in terms
of ug/m (micrograms per cubic meter) of air and shall be determined by the High
Volume Air Sampling Procedure, as specified in the Federal Register, Vol. 36,
No. 158, 8-14-71 or as is acceptable to the Agency.
a. Primary Ambient Air Quality Standards
1) The annual geometric mean for particulates shall not exceed
60 ug/m.
2) The annual geometric mean will consist of the geometric
mean for the 12-month period beginning on July 1 and ending
on June 30.
3) The 24-hour maximum concentration of particulates shall not
exceed 150 ug/m3 over one day per year.
B. Sulfur Dioxide
1. Sulfur dioxide concentrations shall be reported in terms of
micrograms per cubic meter or parts per million parts of ambient air, as deter-
mined by the Modified West-Gaeke Procedure, or such other method as specified
in the Federal Register, Vol. 36, No. 158, 8-14-71 or as is acceptable to the
Agency.
a. Primary Ambient Air Quality Standards
1) The annual arithmetic average for sulfur dioxide shall not
exceed 0.022 ppm (parts per million), 60 ug/m3.
2) The annual arithmetic average shall be the arithmetic
average for the 12-month period beginning July 1 and
ending June 30.
3) The maximum daily average shall not exceed 0.10 ppm,
260 ug/m3, over one day per year.
4) Maximum three hour average 1300 ug/m , 0.5 ppm not to
be exceeded more than once per year.
C. Carbon Monoxide
1. Carbon monoxide concentrations shall be reported in milligrams
per cubic meter or parts per million parts of ambient air, as determined by
non-dispersive infrared spectrophotometry or such other methods as specified
in the Federal Register, Vol. 36, No. 158, 8-14-71 or as is acceptable to the
Agency.
a. Primary Ambient Air Quality Standards
1) The maximum 8-hour arithmetic average concentration shall
not exceed 9 ppm, 10 milligrams per cubic meter over once
per year.
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2) The maximum one-hour average shall not exceed 35 ppm,
40 milligrams per cubic meter over once per year.
D. Nitrogen Oxides
1. Nitrogen oxides shall be reported in terms of micrograms per
cubic meter or parts per million parts of ambient air, as determined by the
24-hour sampling method (Jacobs-Hochhiser method) or such method as specified
in the Federal Register, Vol. 36, No. 158, 8-14-71, or as is acceptable to
the Agency.
a. Primary Ambient Air Quality Standards
1) The annual arithmetic average for nitrogen oxides shall
not exceed 0.05 ppm, 100 ug/m3.
E. Photochemical Oxidants
1. Photochemical oxidants shall be reported in terms of micrograms
of ozone per cubic meter or parts of ozone (03) per million parts of ambient
air, as determined by the Saltzman modification of Neutral Buffered Potassium
Iodide (Kl), colorimetric method, or such other method as specified in the
Federal Register, Vol. 36, No. 158, 8-14-71, or as is acceptable to the Agency.
a. Primary Ambient Air Quality Standards
1) The maximum one-hour concentration of photochemical oxidants,
expressed as Ozone,-shall not exceed 0.08 ppm parts of am-
bient air, 160 ug/m .
F. Hydrocarbons
1. Hydrocarbons shall be reported in ug/m of non-methane hydro-
carbons as determined by a method acceptable to the Environmental Protection
Agency or the Agency.
a. Primary Ambient Air Quality Standards
1) The maximum 3-hour concentration (6:00 a.m. to 9:00 a.m.)
of non-methane hydrocarbons shall not exceed 160 ug/m3.
V. Analysis
Methods for analysis for these contaminants shall be as specified under
each contaminant or by such other method as is acceptable to the Agency.
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Regulation No. 12
(51.13) PREVENTION. ABATEMENT, AND CONTROL OF CONTAMINANTS
FROM THE BURNING OF TIRES AND TUBES
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by the open burning of tires and tubes.
II. Definitions
For the purpose of this regulation the following words and phrases
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Commission: State of New Hampshire Air Pollution Control Commission.
C. Person: Any individual, partnership, firm or co-partnership, associ-
ation, syndicate, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any other entity recognized by law as the subject
of rights and duties.
D. Tires: Any device, rubber or synthetic, pneumatics, solid or liquid
filled, upon which vehicles or machines may be or have been driven or moved.
E. Tubes: Any device, rubber or synthetic, used in conjunction with
tires for the purpose of containing or having contained air within a tire cavity.
III. Prohibition
No person shall cause, suffer, allow or permit tires, tubes or any portion
thereof to be burned in the open air at any area or place for any reason.
Tires and tubes received at any dump which is permitted to burn by
Regulation No. 2 will be separated from the waste and disposed of by other
means than open burning.
IV. Those portions of Regulation No. 1 which might be interpreted as permitting
the burning of tires and tubes are hereby superseded and the provisions of this
regulation shall govern.
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;'51.3) • Regulation No. 13
PREVENTION, ABATEMENT. AND CONTROL OF AIR
CONTAMINANTS FROM THE SAND AND GRAVEL INDUSTRY
AND THE CEMENT, READY MIX CONCRETE & CEMENT BLOCK INDUSTRY
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by the emission of air contaminants into the
ambient air from the operation of sand and gravel facilities, and the operation
of cement, ready mix concrete, and cement block manufacturing facilities.
II. Definitions
For the purpose of this subtitle the following words or phrases have
these meanings:
A. Agency: State Air Pollution Control Agency.
B. Commission: State Air Pollution Control Commission.
C. Air Contaminants: Soot, cinders, ashes, dust, fumes, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
D. Cement, Ready Mix Concrete, and Cement Block Facility: Any estab-
lishment engaged in the manufacturing or handling of bulk cement or the handling
of cement and aggregate for the manufacture of ready mix cement or the manufac-
ture and handling of cement blocks.
E. Emission: The release into the outdoor atmosphere of air contaminants.
F. Sand and Gravel Facility: Any activity where grinding, crushing,
drying, mixing, conveying, sizing and blending of rock, sand and gravel products
is conducted, including all equipment and auxiliaries utilized in these functions.
G. Particulate Matter: Any material except uncombined water, which is
or has been suspended in air or other gases and exists in a finely divided form
as a liquid or solid at standard conditions.
H. Ringelmann Chart: Chart published and described in the U.S. Depart-
ment of the Interior, Bureau of Mines, Information Circular 8333 and on which are
illustrated graduated shades of grey to black for use in estimating the obscur-
ing capacity of particulate matter.
I. Person: Any individual, partnership, firm or co-partnership, associa-
tion, syndicate, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any other entity recognized by law as the subject of
rights and duties.
J. Fugitive Dust: Any and all particulate matter generated by the opera-
tion of sand and gravel facilities, which, if not confined or collected, would
be emitted directly to the air from points'other than the stack outlet.
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K. Opacity: The degree of optical density of any translucent medium;
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
L. Portland Cement Plant: Any facility manufacturing Portland Cement
by either the wet or dry process.
III. Control of Participate Emissions
A. No person shall cause, suffer, allow, or permit a sand and gravel
facility to operate which is not equipped with a fugitive dust control system
operated and maintained in such a mariner as to control the emission of particu-
late matter. Emissions shall be limited to a visual limit of 20% equivalent
opacity at crushers, transfer points and screens.
B. No person shall cause, suffer, allow, or permit the operation of a
facility for the cement, ready mix concrete, or cement block industry in such
a manner as to permit visible emission in excess of 20% equivalent opacity.
C. No person shall cause, suffer, allow or permit the operation of a
Portland cement plant in such a manner as to permit particulate emissions in
excess of the following:
1) 0.30 Ibs. from the kiln per ton of feed to the kiln (0.15
per metric ton) 2 hr. average.
2) 0.10 Ibs. from the clinker cooler per ton of feed to the kiln
(0.050 kg per metric ton) 2 hour average.
3) There shall be no visible emission from individual sources
within the plant that exceed 10% equivalent opacity.
D. The facility owner and/or operator shall control the dust from
vehicular movement over access roads to, from, and within the facility premises
by suitable means; e.g., paving, oiling, wetting, or other. Good operating
practices shall be maintained at all times relative to stockpiling, screen
changing, and general maintenance.
E. No person shall cause, suffer, allow, or permit the transportation
of shatterable material on any public way unless suitably covered to prevent
shattering or eroding by wind, apparent wind or weather.
IV. Testing
The Agency may require any person owning or operating the equipment to
conduct or have conducted testing to determine compliance with this regulation.
The Ayency may, at its option, witness or conduct such tests. Such testing will
be done at a reasonable time and all data obtained will be provided to both
parties. A detailed test.pi an will be agreed upon by both partiP? prior to the
start of testing.
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A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the Office of Air Programs of the EPA
or the Agency, and at a point or points such as to be representative of the
actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the equipment shall provide such sampling ports as might
be required, power and water sources and safety equipment such as scaffolding,
railing, ladders, etc. to comply with generally accepted good safety practices.
V. Notification
All persons owning or operating a sand and gravel facility shall notify
the Agency of the name of the individual operating the facility, location of
the facility, size, make, and type of air pollution control equipment on forms
supplied by the Agency within 30 days of the effective date of this regulation.
When such facilities are modified by changes which significantly affect
the emission characteristics of the facility, the owner or operator shall then
renotify the Agency of these changes within 30 days after placing such modi-
fication in operation.
Portable facilities will advise the Agency of any relocation within
five days of commencement of operations at a new location. Forms for this
purpose are available at the Agency upon request.
VI. Malfunctions and Breakdowns
In the event of any malfunction in equipment or the breakdown of any
component part of the air pollution control equipment, emissions exceeding
those specified may be permitted by the Agency for a period not to exceed 48
hours, if the Agency is notified within eight hours of the malfunction or
breakdown. The Commission may upon request of the owner or operator of the
facility or at the request of the Director of the Agency grant an extension of
time or temporary variance for a period longer than 48 hours.
VII. Compliance Schedule
Owners/operators of existing installations"unable to comply with
Sections III and IV above, must submit to the Agency, prior to December 31,
1972, a compliance schedule delineating the progressive steps required to bring
these installations into compliance with this regulation on or before Decem-
ber 31, 1973. Such progressive steps shall include, but are not limited to:
date for submittal of engineering plans, proof of purchase of the required
control equipment, and date for completion and operation of the modified or
new installation. Compliance schedules shall be subject to the approval of
the Director.
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(51.11) Regulation No. 14
(51.21)
PREVENTION. ABATEMENT AND CONTROL OF AIR CONTAMINANTS FROM
NON-FERROUS FOUNDRIES. SMELTERS, AND INVESTMENT CASTING INDUSTRIES
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by air contaminants discharged into the ambient
atmosphere from non-ferrous foundries, smelters, and investment casting facilities.
II. Definitions
For the purpose of this regulation the following words and phrases shall
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. ASTM: American Society for Testing and Materials.
C. Commission: State of New Hampshire Air Pollution Control Commission.
D. Emission: A release into the outdoor atmosphere of air contaminants.
E. Fumes: Very small particles resulting from chemical reaction or from
the condensation of vapors produced in combustion, distillation or sublimation.
They are commonly metals or metallic oxides and their composition may be differ-
ent from that of the parent material from which they originate.
F. Non-Ferrous Foundry: Any installation used for melting and alloying
nonferrous metals such as brass, bronze and zinc, consisting of but not necessar-
ily limited to rotary, reverbatory, induction furnaces; crucibles, or kettles.
The furnace or other melting device shall consist of furnace proper, flues,
stack, tuyeres, fans or blowers, tapping spout, charging equipment, gas clean-
ing devices and other auxiliaries.
G. Smelter: Any installation designed to separate a metal from its
ores, or to process scrap metal from secondary materials markets. A smelter
installation shall consist of various concentrating, roasting, smelting,
sintering, condensing and converting equipment and associated gas cleaning
devices and other auxiliaries.
H. Investment Casting Facilities: Any installation involving the fabri-
cation of precision parts by means of the "lost wax" or related methods.
I. Particulate Matter: Any material, except uncombined water, which
is or has been suspended in air or other gases, and exists in a finely divided
form as a liquid or solid at standard conditions.
J. Opacity: The degree of optical density of any translucent medium;
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
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K. Person: Any individual, partnership, firm or co-partnership,
association, syndicate, company, trust, corporation, department, bureau, agency,
private or municipal corporation, or any other entity recognized by law as the
subject of rights and duties.
L. Process Weight: The total weight of all materials introduced into
any source operation. Solid fuel charged will be considered as part of the
process weight but liquid and gaseous fuels and uncombined water and combustion
air will not.
M. Process Weight Rate:
1. For continuous or long-run, steady-state source operations, the
total process weight for the entire period of continuous operation or for a
typical portion thereof, divided by the number of hours of such period or part
thereof.
2. For a cyclical or batch source operation, the total process
weight for a period that covers a complete operation or an integral number of
cycles, divided by the hours of actual process operation during such a period.
When the nature of any process or operation or the design of any equipment is
such as to permit more than one interpretation of this definition, the inter-
pretation that results in the minimum value for allowable emission shall apply.
N. Standard Conditions: A gas temperature of 68°F and a gas pressure
of 14.7 Ibs/square inch absolute.
0. Effects Factor: A value assigned to air contaminants in the form
of a numerical modifier which, when multiplied by emission rate, yields allow-
able emission.
P. Secondary Lead Smelter: Any facility producing lead from lead
bearing scrap material by smelting to the metallic form.
Q. Secondary Brass and Bronze Ingot Production Plant: Any facility
producing brass or bronze ingots from copper, zinc, tin, lead, or other scrap
metals.
III. Prohibition
A. No person shall cause, suffer, allow, or permit the emission of
particulate matter or fumes in any one hour period from non-ferrous foundries,
smelters or investment casting facilities which will exceed those limits speci-
fied in Table 1. If any of these facilities emit particulate matter of a toxic
nature, these emissions are to be further limited in accordance with Table 2.
B. No person shall cause, suffer, allow or permit the emission of
gaseous pollutants from non-ferrous foundries, smelters or investment casting
facilities which exceed those limits specified in Table 3.
C. On or after the effective date of this part, no person shall operate
a new or modified secondary lead smelter in such a manner as to discharge or
cause the discharge into the atmosphere of any gases
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1. from blast (cupola) furnaces which:
a. contain particulate matter in excess of 50 mg/dscm
(0.022 gr/dscf)
b. exhibit 20% opacity or greater
2. from electric furnaces (pot furnaces) which exhibit 10% opacity
or greater.
3. where the presence of uncombined water is the only reason for
failure to meet the requirements of this section, such failure shall not be a
violation of this part.
D. On or after the effective date of this part no person shall operate
a new or modified secondary brass and bronze ingot production plant in such a
manner as to discharge or cause the discharge into the atmosphere any gases
1. from a reverbatory furnace of 1000 kg (2,205 Ib) or greater
production capacity which:
a. contains particulate matter in excess of 50 mg/dscm
(0.022 gr/dscf)
b. exhibit 20% opacity or greater
2. from electric furnaces of 1000 kg (2,205 Ib) or greater produc-
tion capacity and/or blast (cupola) furnace of 250 kg/hr (550 Ibs/hr) or greater
production capacity which exhibit 10% opacity or greater.
3. where the presence of uncombined water is the only reason for
failure to meet the requirements of this section such failure shall not be a
violation of this part.
E. The limits specified in fables 1, 2 and 3 may be revised from
time to time as additional and more refined technology becomes available and
as dictated by air quality requirements.
IV. Testing
The Agency may require any person owning or operating a non-ferrous
foundry, smelter or investment casting facility to conduct or have conducted
testing to determine compliance with this regulation. The Agency may, at its
option, witness or conduct such tests. Such testing will be done at a reason-
able time and all data obtained will be provided to both parties. A detailed
test plan will be agreed upon by both parties prior to the start of testing.
A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the Environmental Protection Agency or
the New Hampshire Air Pollution Control Agency and at a point or points such
as are representative of the actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the facility shall provide such sampling ports as might
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be required, power and water sources and safety equipment such as scaffolding,
railings, ladders, etc., to comply with generally accepted good safety prac-
tices.
V. Malfunction or Breakdown
In the event of malfunction or breakdown of any component part of the air
pollution control equipment, emissions in excess of those specified in this
regulation may be permitted by the Agency for a period not to exceed 48 hours,
provided that the Agency is notified within eight hours of the malfunction or
breakdown.
The Commission may, upon request of the owner or his authorized repre-
sentative, or at the request of the Director of the Agency, grant an extension
of time or temporary variance for a period longer than 48 hours.
VI. Compliance Schedule
Owners/operators of existing installations unable to comply with Section
III above, must submit to the Agency, prior to December 31, 1972, a compliance
schedule delineating the progressive steps required to bring these installations
into compliance with this regulation on or before December 31, 1973. Such pro-
gressive steps shall include, but are not limited to, date for submittal of
engineering plans, proof of purchase of the required control equipment, and date
of completion and operation of the modified or new installation. Compliance
schedules shall be subject to the approval of the Director.
VII. Notification
All persons owning or operating non-ferrous foundries, smelters, and
investment casting facilities, shall notify the Agency of the name of the in-
dividual operating the facility, location of the facility, and size, make and
type of air pollution control equipment, in forms supplied by the Agency within
30 days of the effective date of this regulation. When such facilities are
modified by changes which significantly affect the emission characteristics of
the facility, the owner or operator shall then renotify the Agency of these
changes within 30 days after placing such modification into operation.
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Table 1
Process
Weight Rate
(Ibs/hr)
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
NEW INSTALLATIONS
Emission Rate
(Ibs/hr)
0.36
0.55
1.53
2.58
7.58
12.0
19.2
40.0
42.5
46.3
EXISTING INSTALLATIONS
Emission Rate
(Ibs/hr)
0.43
0.68
1.99
3.17
9.35
14.85
23.62
49.31
51.03
55.55
160,000
200,000
1,000,000
2,000,000
49.0
51.2
69.0
77.6
58.88
61.53
82.75
93.11
Interpolation of the data in Table 1 for the process weight rates up to
60,000 Ibs/hr. shall be accomplished by the use of the equations:
E = 4.10 P0-67 P ^.30 tons/hr - New Installations
E = 5.05 P0-67 P^30 tons/hr - Existing Installations
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs./hr. shall be accomplished by use of the equations:
E = 55.0 P0'11 - 40 P>30 tons/hr. - New Installations
E = 66.0 p0'11 - 48 P > 30 tons/hr. - Existing Installations
Where:
E = Emissions in pounds per hour
P = Process Weight Rate in tons per hour
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Table 2
EFFECTS FACTOR FOR PARTICULATE MATTER
MATERIAL
A. All material not specifically listed here 1.0
B. Elements and their compounds of the basic elements
Antimony 0.9
Arsenic 0.9
Barium 0.9
Cadmium 0.2
Chromium 0.2
Cobalt 0.9
Copper 0.2
Hafnium 0.9
Lead - Lead arsenate 0.3
Lithium hydride 0.04
Phosphorus 0.2
Selenium 0.2
Silver 0.1
Tellurium 0.2
Thallium 0.2
Uranium (soluble) 0.1
Uranium (insoluble) 0.4
Vanadium 0.2
Zinc Oxide 0.8
Beryllium - Not more than 10 grams of beryllium over a 24-hour period.
The operator may elect to meet the ambient air concentra-
tion of 0.01 ug/nr averaged over a 30-day period and
measured in the vicinity of the source.
Mercury - Not more than 2300 grams per 24-hour period. The provisions
of this subpart are applicable to those stationary sources
which process mercury ore or recover mercury and to those
which use mercury chloral kale cells to produce chlorine gas
and alkali metal hydroxide.
C. Mineral material and miscellaneous substances
Silica (crystalline) 0.4
Asbestos - As specified by the EPA in Vol. 38, #66, Federal Register,
Friday, April 6, 1973.
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Table 3
Limitations on emission of sulfur oxides (as SCL) from primary non-
ferrous smelters are required in accordance with the following equations, for
new installations:
Copper Smelters Y = 0.2X
Zinc Smelters Y = 0.564X0'85
Lead Smelters Y = 0.98X0'77
where:
X = Total sulfur fed to smelter (Ib/hr.)
Y = Sulfur dioxide emissions (Ib/hr.)
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(51J4) Regulation No. 15
PREVENTION, ABATEMENT AND CONTROL OF AIR CONTAMINANTS
FROM THE PULP AND PAPER INDUSTRY
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by emissions into the ambient atmosphere from
the pulp and paper industry.
II. Definitions
For the purpose of this regulation the following words and phrases
shall have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. ASTM: American Society for Testing and Materials.
C. Commission: State of New Hampshire Air Pollution Control Commission.
D. Emission: A release into the outdoor atmosphere of air contaminants.
E. Pulp and Paper Industry: That segment of industry involving the
manufacture of pulp, including but not necessarily limited to Kraft and sulfite
pulps, and paper, including but not necessarily limited to fine papers, coarse
papers, and specialty papers.
F. Kraft Mills: Any pulping process which uses, for a cooking liquor,
an.alkaline sulfide solution containing sodium hydroxide and sodium sulfide..
G. Sulfite Mills: Any pulping process which uses, for a cooking liquor,
an acidic solution containing sulfurous acid and a bisulfite of an alkaline base
such as calcium, sodium, ammonium or magnesium.
H. Person: Any individual •, partnership, firm or co-partnership, associa-
tion, syndicate, company, trust, corporation, department, bureau, agency, private
or municipal corporation, or any other entity recognized by law as the subject
of rights and duties.
I. Particulate Matter: Any material, except uncombined water, which is,
or has been suspended in air or other gases, and which exists in a finely divided
form as a liquid or solid at standard conditions.
J. Total Reduced Sulfur (TRS): Hydrogen sulfide, mercaptans, dimethyl
sulfide, dimethyldisulfide, and any other organic sulfides present in the emis-
sions from a pulp and/or paper mill.
K. Process Weight: The total weight of all materials introduced into
any source operation. Solid fuel charged will be considered as part of the
process weight but liquid and gaseous fuels and uncombined water and combustion
air will not.
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L. Process Weight Rate:
1. For continuous or long-run, steady-state source operations,
the total process weight for the entire period of continuous operation or
for a typical portion thereof, divided by the number of hours of such period
•or part thereof.
2. For a cyclical or batch source operation, the total process
weight for a period that covers a complete operation or an integral number of
cycles, divided by the hours of actual process operation during such a
period. When the nature of any process or operation, or the design of any
equipment is such as to permit more than one interpretation of this defini-
tion, the interpretation that results in the minimum value for allowable
emission shall apply.
M. Organic Vapors: Gaseous materials formed from the evaporation of
organic liquids or from the combustion of organic materials.
N. Gases: Formless fluids which, under standard conditions, occupy
the space of enclosure and which can be changed to the liquid or solid state
only by the combined effect of increased pressure and decreased temperature.
0. Aerosols: Liquid particles which have volume but are not of rigid
shape and which upon collection tend to coalesce and create uniform homogeneous
films upon the surface of the collecting media.
III. Prohibition
A. No person shall cause, suffer, allow or permit the emission of
particulate matter from Kraft Mill recovery furnace stacks in excess of 4
pounds per .ton of air dried pulp.
B. No person shall cause, suffer, allow or permit the emission of par-
ticulate matter from Kraft Mill lime kilns in excess of one pound per ton of
air dried pulp.
C. No person shall cause, suffer, allow or permit the emission of
particulate matter from Kraft Mill smelt tanks in excess of one-half pound
per ton of air dried pulp.
D. No person shall cause, suffer, allow or permit the emission of
particulate matter from sulfite mills in excess of those limits specified in
Table 1. Particulate emissions from fuel burning equipment at sulfite mills
are regulated by Regulation No.4.
E. No person shall cause, suffer, allow or permit the emission of TRS
from Kraft Mill recovery furnace stacks in excess of 2 pounds of sulfur per
ton of air dried pulp.
F. No person shall cause, suffer, allow or permit the emission of
sulfur oxides, calculated as sulfur dioxide, from existing sulfite mills in
excess of 20 pounds per ton of air dried pulp.
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G. No person shall cause, suffer, allow or permit the emission of
particulate matter from paper manufacturing (as opposed to pulp manufacturing),
in excess of these limits specified in Table 1.
IV. Testing
The Agency may require any person owning or operating any pulp and
paper manufacturing facility to conduct or have conducted testing to deter-
mine compliance with this regulation. The Agency may, at its option, witness
or conduct such tests. Such testing will be done at a reasonable time and all
data obtained will be provided to both parties. A detailed test plan will be
agreed upon by both parties prior to the start of testing.
A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the Office of Air Programs of the EPA
or the Agency, and at a point or points such as to be representative of the
actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the equipment shall provide such sampling ports as might
be required, power and water sources and safety equipment such as scaffolding,
railing, ladders, etc., to comply with generally accepted good safety practices.
V. Notification
All persons owning or operating a pulp and paper manufacturing facility
shall notify the Agency of the name of the individual operating the facility,
location of the facility, and size, make and type of air pollution control
equipment, on forms supplied by the Agency, within 30 days of the effective
date of this regulation. When such facilities are modified by changes which
significantly affect the emission characteristics of the facility, the owner
or operator shall then renotify the Agency of these changes within 30 days
after placing such modification into operation.
VI. Compliance Schedule
Owners/operators of existing installations unable to comply with Section
III above, must submit to the Agency, prior to December 31, 1972, a compliance
schedule delineating the progressive steps required to bring these installations
into compliance with this regulation on or before December 31, 1974. Such
progressive steps shall include, but are not limited to; date for submittal of
engineering plans, proof of purchase of the required control equipment, and date
for completion and operation of the modification or new installation. Compli-
ance shall be subject to approval of the Director.
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Table 1
Process
Weight Rate
(Ibs/hr)
50
100
500
1,000
5,000
10,000
20,000
60,000
80 ,000
120,000
160 ,000
200,000
1,000,000
2,000,000
NEW INSTALLATIONS
Emission Rate
(Ibs/hr)
0.36
0.55
1.53
2.58
7.58
12.0
19.2
40.0
42.5
46.3
49.0
51.2
69.0
77.6
EXISTING INSTALLATIONS
Emission Rate
(Ibs/hr)
0.43
0.68
1.99
3.17
9.35
14.85
23.62
49.31
51.03
55.55
58.88
61.53
82.75
93.11
Interpolation of the data in Table 1 for the process weight rates up to
60,000 Ibs/hr. shall be accomplished by the use of the equations:
E = 4.10 P°'67 P^30 tons/hr - New Installations
E = 5.05 P°-67 pŁ30 tons/hr - Existing Installations
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr. shall be accomplished by use of the equations:
E = 55.0 P0'11 - 40 P> 30 tons/hr - New Installations
E = 77.0 P0'11 - 48 P> 30 tons/hr - Existing Installations
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(3.0) Regulation No. 16
REQUIREMENT FOR STATEWIDE PERMIT SYSTEM REGULATING THE OPERATION
OF EXISTING AND NEW SOURCES OF AIR POLLUTION AND OF MODIFICATIONS
OF EXISTING SOURCES OF AIR POLLUTION
I. Purpose
This regulation is adopted for the purpose of regulating the operation
of new and existing stationary sources of air pollution and the operation of
modifications to existing sources, such that the ambient air quality standards
set forth in New Hampshire regulations will be achieved and maintained at their
required levels.
II. Definitions
For the purpose of this regulation the following words and phrases
shall have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Air Contaminant: Soot, cinders, ashes, dust, fumes, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
C. Class A Device: Any residential or commercial heating plant which
1. has a heat input of less than 1 x 10 BTU per hour utilizing
#1 or #2 fuel oils or gas, or
2. uses electricity to generate heat, or
3. uses wood, charcoal, coal, or coke for heating or recreational
purposes in a one- or two-family dwelling.
D. Class B Device: Any industrial or commercial heating plant or
process which generates and discharges air contaminants.
E. Class C Device: Any device designed for the incineration of waste
or refuse, except residential incinerators.
F. Device: Any burner, furnace, machine, equipment, or article which
in the opinion of the Air Pollution Control Agency contributes or may contribute
to pollution of the air.
G. Director: The Director of the New Hampshire Air Pollution Control
Agency.
H. Particulate Matter: Any material, except uncombined water which is
or has been suspended in air or other gases and which exists in a finely divided
form as a liquid or solid at standard conditions.
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I. Residential Heating Plant: Any heating system associated with single
and multi-family, private dwellings and apartment houses.
J. Residential Incinerator: Any incinerator associated with a one or
two family dwelling.
III. Requirements
A. All owners or operators of Class B and C devices shall submit to the
New Hampshire Air Pollution Control Agency application for permits to operate
such devices. Application shall be made by completing-and submitting forms
provided for that purpose by the Agency (Ref. Form No. APCA 50). Permits for
Class A devices are granted automatically without application.
B. The Director may require owners or operators of devices for which
Class A eligibility is claimed to demonstrate to his satisfaction that the de-
dice does in fact meet the definition in Section II.C of this regulation.
C. No person shall cause, suffer, permit or allow the operation of a
Class B or C device after February 1, 1973, without first having obtained an
operating permit for such device.
A separate permit application shall be submitted for each device.
D. All Class B and C devices in operation on April 1, 1972, shall apply
for operating permits prior to May 1, 1972.
E. All Class B and C devices existing on April 1, 1972, shall be issued
a Temporary Permit to operate by the Agency for ninety (90) days or until such
time as an inspection is made by the Agency and/or- source tests are performed
or until a Conditional Permit or a final Permit to Operate is granted or denied.
If such inspection and/or tests are not accomplished within the said ninety (90)
days, an automatic extension not to exceed an additional 180 days will be al-
lowed. Failure of the Agency to act within this 270 days will result in the
automatic issuance of a permit to operate. No further Temporary Permits to
operate shall be issued after February 1, 1973.
F. All applications for new devices, or modifications for existing
devices, shall be accompanied by supplemental information, including a descrip-
tion of the device and such engineering plans, specifications, measurement data,
or such other information as may be stipulated by the Agency.
G. The Agency shall act within thirty (30) days on all applications
submitted after February 1, 1973. Failure of the Agency to act within thirty
days will result in automatic issuance of the permit. Applications submitted
prior to this date shall not be subject to the thirty (30) day limitation.
H. Action by the Agency on any Class B or C permit application for new,
existing, or modified devices shall consist of one of the following steps:
1. Granting of a Temporary Permit to operate for Existing Devices ,
in accordance with paragraph 11 I.E.
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2. Granting of a Conditional Permit to operate for New Devices or
modifications to existing devices.
3. Refusing to grant a Conditional Permit to operate if:
a. In the judgement of the Director, the device for which a
permit is sought contributes disproportionately to pollution
of the air in comparison to other devices of its type cur-
rently in use; or
b. The device for which a permit is sought should in the opinion
of the Director, be fitted with or modified by equipment
designed to reduce the air pollution capacity of the device.
4. Issuing or Denying final Permit to Operate.
I. No person shall cause, suffer, allow, or permit the construction of
a new device or the modification of an existing device without first having
been issued a Conditional Permit to Operate.
J. An applicant for a Permit shall, upon receipt of notification by the
Director of refusal to grant a Permit, resubmit his application, correcting any
deficiency found in his earlier application and shall provide such additional
information in support of his new submission as the Director may stipulate.
The thirty (30) day time limitation stipulated in paragraph III.H. shall apply
to all resubmissions.
K. In the event that a Permit holder has failed to comply with any
order for testing or modification issued by the Director, the Director may,
after hearing suspend or revoke a permit previously issued.
L. Upon completion of construction of new or modified devices, the
holder of a Conditional Permit to Operate shall notify the Agency within 7
calendar days that construction is complete, for purposes of inspection.
M. Upon orders by the Agency after post-construction inspection, the
holder of a conditional Permit to Operate shall perform, or have performed,
such tests or make such modifications on the device as may be ordered by the
Agency.
N. In the event of failure on the part of a holder of a Conditional
Permit to Operate to notify the Agency within 7 calendar days that construc-
tion has been completed, the Director may suspend or revoke the Permit.
0. The holder of a Permit to Operate shall notify the Agency within 15
calendar days of any change in the operation of the device covered by the
Permit which represents a significant deviation from the circumstances of the
original Permit application. In the event of failure to provide such notifica-
tion, the Director may, after hearing, suspend or revoke the previously issued
permit, and/or may require the operator of the device to submit a new applica-
tion.
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P. The New Hampshire Air Pollution Control Agency shall issue forms for
use in applications for Permits to Operate for the Class B and C devices.
Q. The issuance of any permit pursuant to this regulation will not
relieve the owner/operator of any source from complying with all other state
and federal regulations.
IV. Criteria for Permit Issuance
No operating permit shall be granted unless the applicant shows to the
satisfaction of the Director that:
A. The operation of the device will not cause a violation of any applic-
able State or Federal rules and regulations, and if an additional control method
is required to prevent violation, the control method proposed will represent
the technologically available and economically feasible control required to
achieve compliance.
B. Operation of the device will not endanger maintenance or attainment
of any applicable ambient air quality standards.
C. The applicant has conducted a valid source test of air pollutants
emitted, if required by the Director.
D. The applicant has installed an Agency approved continuous emission
monitoring system if required by the Director.
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(51.21) Regulation Mo. 17
PREVENTION, ABATEMENT AND CONTROL OF AIR CONTAMINANTS
FROM PROCESS. MANUFACTURING, SERVICE AND MISCELLANEOUS INDUSTRIES
I. Purpose
This regulation is adopted for the purpose of preventing, abating, and
controlling air pollution caused by the emission of air contaminants into the
ambient air from process, manufacturing, service and miscellaneous industries
not specifically covered by other regulations.
II. Definitions
For the purpose of this regulation the following words and phrases shall
have these meanings:
A. Agency: State of New Hampshire Air Pollution Control Agency.
B. Air Contaminants: Soot, cinders, ashes, dust, fumes, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter or
any combination thereof.
C. Ambient Air: The unconfined atmosphere which surrounds the earth.
D. ASTM: American Society for Testing and Materials.
E. Commission: State of New Hampshire Air Pollution Control Commission.
F. Effects Factor: A value assigned to air contaminants in the form
of a numerical modifier which when multiplied by emission rate, yields allowable
emission.
G. Emission: A release into the outdoor atmosphere of air contaminants.
H. Fumes: Very small particles resulting from chemical reaction or
from the condensation of vapors produced in Combustion, distillation or sub-
limation. They are commonly metals or metallic oxides and their composition
may be different from that of the parent material from which they originate.
I. Exhaust and Ventilation System: Any system which removes and trans-
ports particulates, fumes, or any gaseous or gas borne products from their point
of generation to the ambient air.
0. Fuel Burning or Combustion Equipment or Device: Any furnace or
boiler used for the burning of fuel or the emission of products of combustion
or used in connection with any process which generates heat and may emit prod-
ucts of combustion.
K. Particulate Matter: Any material except uncombined water which is or
has been suspended in air or other gases and exists in a finely divided form
as a liquid or solid at standard conditions.
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L. Person: Any individual, partnership, firm, or co-partnership,
association, syndicate, company, trust, corporation, department, bureau,
agency, private or municipal corporation or any other entity recognized by
law as the subject of rights and duties.
M. Process Weight: The total weight of all materials introduced into
any source operation. Solid fuel used in the process will be considered as
part of the process weight but liquid and gaseous fuels and uncombined water
and combustion air will not.
N. Process weight rate:
1. For continuous or long-run, steady-state source operations, the
total process weight for the entire period of continuous operation or for a
typical portion thereof, divided by the number of hours of such period or
part thereof.
2. For a cyclical or batch source operation, the total process
weights for a period that covers a complete operation of an integral number
of cycles, divided by the hours of actual process operation during such a
period. When the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this definition,
the interpretation that results in the minimum value for allowable emission
shall apply.
0. Stack: Any duct, passage, chimney or flue carrying combusted gases
or products to the atmosphere.
P. Standard Conditions: A gas temperature of 68°F and a gas pressure
of 14.7 Ibs/square inch absolute.
Q. Process and Manufacturing Industries: All establishments engaged
in the-manufacture of goods and supplies, both finished and intermediate in
nature, whose operations involve emissions to the ambient atmosphere from
process or manufacturing equipment or machinery, directly or through stacks
and exhaust and ventilating systems. Process and Manufacturing Industries
include, but are not necessarily limited to, the following types of estab-
lishments:
1. Chemical process industries
2. Food and agricultural industries
3. Metallurgical industries
4. Mineral products industries
5. Pulp and paper industries
6. Petroleum refining and petrochemical operations
7. Wood processing
R. Service Industries: All establishments engaged in supplying services,
whose operations involve emission to the ambient atmosphere from varioys equip-
ment and apparatus, directly or through stacks and exhaust and ventilating sys-
tems. Examples of service establishments include, but are not necessarily
limited to the following:
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1. Dry cleaning establishments
2. Printing establishments
3. Commercial wholesale and retail establishments
4. Hospitals, schools and other institutional establishments
5. Hotels, restaurants, theaters, sports arenas and similar
establishments
S. Gases: Formless fluids which, under standard conditions, occupy
the space of enclosure and which can be changed to the liquid or solid state
only by the combined effect of increased pressure and decreased temperature.
T. Nitric Acid Production Unit: Any facility producing weak nitric
acid (30% to 70% in strength) by either pressure or atmospheric pressure
process.
U. Sulfuric Acid Production Unit: Any facility producing sulfuric
acid by the contact process by burning elemental sulfur, alkylation acid,
hydrogen sulfide, organic sulfides and mercaptains, or acid sludge, but does
not include facilities where conversion to sulfuric acid is utilized primarily
as a means of preventing emissions to the atmosphere of sulfur dioxide or
other sulfur compounds.
V. Opacity: The degree of optical density of any translucent medium;
the common logarithm of the ratio of the initial intensity of light to the
intensity of transmitted or reflected light.
III. Prohibition
A. No person shall cause, suffer, allow or permit the emission of
particulate matter and fumes from any process, manufacturing, service or
miscellaneous industry installation into the ambient air in excess of the
amounts stipulated herein as follows:
1. All process, manufacturing, service or miscellaneous industry
installations will comply with the requirements of Table 1 of the regulation.
If the process, manufacturing, service or miscellaneous industry installation
is emitting particulate matter which because 'Of its toxicity is further regu-
lated by an effect factor from Table 2, the required emissions as established
by Table 1 are further reduced by the effects factor. When two or more ele-
ments or compounds are emitted from the same stack or chimney, the more
stringent effects factor shall govern.
B. No person shall cause, suffer, allow or permit the emission of gases
from any process, manufacturing, service or miscellaneous industry installation
into the ambient air in excss of those quantities which are compatible with
the achievement of ambient air quality standards for sulfur dioxide, nitrogen
oxides, hydrocarbons and photochemical oxidants, as specified in New Hampshire
Air Pollution Control Commission Regulation No. 11, and for other gases to be
specified in future regulations.
C. No person shall cause, suffer, allow or permit the emission of acid
tests from stationary industrial, commercial or residential sources in excess
of those specified on Table 3 of this regulation. Table 3 specifies allowable
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emissions of acid mist. Emission limits for other aerosol substances may be
added to this table in the future.
IV. Exception
A. Those process or manufacturing installations, fuel burning or com-
bustion equipment, or other sources of gaseous and particulate matter covered
specifically by other regulations will be controlled by such other regulation
or part thereof as applicable.
V. Testing
The Agency may require any person owning or operating a process, manu-
facturing service or miscellaneous industry installation to conduct or have
conducted testing to determine compliance with this regulation. The Agency
may, at its option, witness or conduct such tests. Such testing will be done
at a reasonable time and all data obtained will be provided to both parties.
A detailed test plan will be agreed upon by both parties prior to the start
of testing.
A. Testing to determine the quantity of emission shall be undertaken
by methods of measurement accepted by the Environmental Protection Agency or
the New Hampshire Air Pollution Control Agency and at a point or points such
as are representative of the actual emission into the atmosphere.
B. When the Agency conducts or has conducted such tests, the person
owning or operating the manufacturing process or exhaust and ventilating sys-
tem shall provide such sampling ports as might be required, power and water
sources and safety equipment such as scaffolding, railings, ladders, etc., to
comply with generally accepted good safety practices.
VI. Malfunction or Breakdown
In the event of a malfunction or breakdown of any component part of
the air pollution control equipment, emissions in excess of those specified
in this regulation may be permitted by the Agency for a period not to exceed
48 hours, provided that the Agency is notified expeditiously of the malfunc-
tion or breakdown.
The Commission may, upon request of the firm or owner or his authorized
representative, or at the request of the Director of the Agency, grant an
extension of time or temporary variance for a period longer than 48 hours.
VII. Notification
All persons owning or operating a process manufacturing, service, or
miscellaneous industry installation shall notify the Agency of the name of
the individual operating the installation, location of the installation, and
size, make and type of air pollution control equipment, on forms supplied by
the Agency, within 30 days of the effective date of this regulation. When
such installations are modified by changes which significantly affect the
emission characteristics of the installation, the owner or operator shall then
renotify the Agency of these changes within 30 days after placing such modi-
fication into operation.
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VIII. Compliance Schedule
Owners/operators of existing installations unable to comply with Section
III above, must submit to the Agency, prior to December 31, 1972, a compliance
schedule delineating the progressive steps required to bring these installations
into compliance with this regulation, on or before December 31, 1973. Such
progressive steps shall include, but are not limited to: date for submittal
of engineering plans, proof of purchase of the required control equipment, and
date of completion and operation of the modification or new installation.
Compliance schedules shall be subject to the approval of the Director.
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Table 1
Process
Weight Rate
(Ibs/hr)
50
100
500
1,000
5,000
10,000
20,000
60,000
80,000
120,000
160,000
200,000
1,000,000
2,000,000
NEW INSTALLATIONS
Emission Rate
(Ibs/hr)
0.36
0.55
. 1.53
2.58
7.58
12.0
19.2
I
i
40.0
42.5
i 46.3
49.0
1 51.2
i 69.0
i 77.6
EXISTING INSTALLATIONS
Emission Rate
(Ibs/hr)
0.43
0.68
1.99
3.17
9.35
14.85
23.62
49.31
51.03
55.55
58.88
61.53
82.75
93.11
Interpolation of the data in Table 1 for the process weight rates up
to 60,000 Ibs/hr. shall be accomplished by the use of the equations:
E = 4.10 P0-67 P Ł 30 tons/hr - New Installations
E = 5.05 P0-67 P< 30 tons/hr - Existing Installations
and interpolation and extrapolation of the data for process weight rates in
excess of 60,000 Ibs/hr. shall be accomplished by use of the equations:
E = 55.0 P0'11 - 40 P>30 tons/hr - New Installations
Where:
E = 66.0 P0'11 - 48 P>30 tons/hr - Existing Installations
E = Emissions in pounds per hour
P = Process Weight Rate in tons per hour
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Table 2
EFFECTS FACTOR FOR PARTICULATE MATTER
MATERIAL
A. All material not specifically listed here 1.0
B. Elements and their compounds of the basic elements
Antimony 0.9
Arsenic 0.9
Barium 0.9
Cadmi urn 0.2
Chromium 0.2
Cobalt 0.9
Copper 0.2
Hafnium 0.9
Lead - Lead arsenate 0.3
Lithium hydride 0.04
Phosphorus 0.2
Selenium 0.2
Silver 0.1
Tellurium 0.2
Thallium 0.2
Uranium (soluble) 0.1
Uranium (insoluble) 0.4
Vanadium 0.2
Zinc Oxide 0.8
Beryllium - Not more than 10 grams of beryllium over a 24-hour period.
The operator may elect to meet the ambient air concentra-
tion of 0.01 ug/m3 averaged over a 30-day period and measured
in the vicinity of the source.
Mercury - Not more than 2300 grams per 24-hour period. The provisions of
this subpart are applicable to those stationary sources which
process mercury ore or recover mercury and to those which use
mercury chloral kale cells to produce chlorine gas and alkali
metal hydroxide.
C. Mineral material and miscellaneous substances
Silica (crystalline) 0.4
Asbestos - As specified by the EPA in Vol. 38, #66, Federal Register,
Friday, April 6, 1973.
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Table 3
LIMITATION OF EMISSIONS OF ACID MISTS
(Allowable Stack Gas Concentrations in Milligrams Per Dry Cubic Meter
at Standard Conditions)
Sulfuric Acid Mist (except as provided in note 1 below) 35
70
Nitric Acid Mist and/or Vapor (except as provided in
Note 2 below)
Hydrochloric Acid Mist and/or Vapor
Phosphoric Acid Mist and/or Vapor
210
Note 1. On or after the effective date of this part no owner or operator of
a sulfuric acid production unit shall discharge or cause the discharge into
the atmosphere of sulfur dioxide in excess of Ibs. per ton of acid produced
(2kg. per metric ton) maximum two-hour average.
Note 2. On or after the effective date of this part no owner or operator of
a Nitric Acid Production Unit shall discharge or cause to be discharged into
the atmosphere nitrogen oxides which are in excess of 3 Ibs. per ton of acid
produced (1.5 kg. per metric ton) maximum two-hour average expressed as N02
and/or 10% opacity or greater.
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(13.0) Regulation No. 18
REQUIREMENT FOR RECORD KEEPING AT
FACILITIES WHICH DISCHARGE AIR CONTAMINANTS
I. Purpose
This regulation is adopted for the purpose of requiring that records
be kept at facilities which discharge air contaminants such that the quanti-
ties of such contaminants may be readily calculated or estimated.
II. Definitions
For the purpose of this subtitle, the following words or phrases have
these meanings:
A. Air Contaminant: Soot, cinders, ashes, dust, fume, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
B. Facility: Any establishment, residential, commercial, institu-
tional, or industrial, which discharges air contaminants to the ambient
atmosphere through stacks, chimneys, ventilation or exhaust ducts, or any
other opening communicating with the ambient atmosphere.
C. Person: Any individual, partnership, firm or co-partnership,
association, syndicate, company, trust, corporation, department, bureau,
agency, private or municipal corporation, or any other entity recognized
by law as the subject of rights and duties.
D. Records: Organized information pertinent to the discharge of
air contaminants, of a quality consistent with good business practice, and as
defined further under III herein.
III. Requirement
The following records are required to be kept.at each facility which
discharges air contaminants to the ambient atmosphere:
A. Fuel Utilization. Monthly records of fuel consumption are to
be kept. Fuel type, sulfur content (percent by weight), and the percent
ash content are to be recorded for each monthly entry. If more than one
type of fuel is used, data on each fuel are to be recorded separately.
Facilities which utilize #1 or #2 fuel oils, gas, or electrical energy are
exempted from this requirement.
If a facility operates fuel burning equipment which discharges air
contaminants through more than one discharge point, data are to be recorded
as to the distribution of the fuel utilization among such discharge points.
Such distribution may be estimated, but estimates must be based on reliable
operational data, such as boiler loading records.
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Records must also be kept of hours of operation corresponding to the
utilization and distribution of fuels.
B. Process Operations. Monthly records are to be kept regarding the
total quantities of raw materials, excluding gaseous and liquid fuels and com-
bustion air charged to a process (process weight). The number of hours of
operation corresponding to the process weight quantities must also be recorded.
If a facility operates more than one process, such records must be
kept for each process.
If a facility operates one or more processes which discharge air
contaminants through more than one discharge point, data are to be recorded as
to the distribution of the process weights or discharges among such discharge
points, whichever is applicable. Such distribution may be estimated, but
estimates must be based on reliable operational information.
C. Emission Data. If a facility operates instruments or equipment
which measures or otherwise relates to emissions of air contaminants, such
data are to be recorded on a regular basis. The number of hours of operation
of such instruments or equipment is to be recorded along with the correspond-
ing hours of operation of the process or fuel burning equipment on which the
instruments or equipment are installed.
If the measurements consist of concentrations of contaminants (e.g.,
parts per million by volume of sulfur dioxide), these are to be converted to
actual emissions (e.g., pounds per hour) by application of appropriate opera-
tional information (such as volume flow). Such parameters may be estimated
but must be based on reliable operational information.
D. Availability of Records. Any person operating a facility, except
those exempted under III.A. above, which discharges air contaminants into the
ambient atmosphere, may be required to make available to the New Hampshire Air
Pollution Control Agency information as described in paragraphs III.A., III.B.,
and III.C. above, annually, and shall be required to make such information
available at such other times as the Agency shall deem necessary. The Agency
shall have access to all such records kept from the effective date of this
regulation.
All emission data, private or agency sources shall be available to
the public and shall be correlated with applicable emission limitations.
E. Compatibility with Permit System. The record-keeping required by
this regulation is to be considered a separate and independent requirement
from any information to be required by any permit system adopted by the New
Hampshire Air Pollution Control Commission. However, certain consistencies
in information format may be desirable. These will be specified at such
times as the permit system becomes effective.
IV. Exception
The New Hampshire Air Pollution Control Commission may except any facil-
ity from the requirements of this regulation, whcih, by virtue of its size and
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operation, is not expected to contribute markedly to the discharge of contamin-
ants into the atmosphere and/or whose discharges (e.g., from fuel combustion)
are readily and accurately predictable from other means (e.g., degree-day in-
formation, etc.).
V. Effective Date
The effective date of this regulation shall be January 1, 1973.
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(8.0) Regulation No. 19
REQUIRED ACTION: EMERGENCY EPISODE PROCEDURE
I. Purpose
This regulation is adopted for the purpose of requiring that specific
steps be taken at facilities which discharge air contaminants into the am-
bient atmosphere such that the quantities of such contaminants are reduced
or eliminated during air pollution emergency episodes.
II. Definitions
For the purpose of this subtitle, the following words or phrases shall
have these meanings:
A. Air Contaminant: Soot, cinders, ashes, dust, fume, gas, mist
(other than water), odor, toxic or radioactive material, particulate matter,
or any combination thereof.
B. Facility: Any establishment, residential, commercial, institutional
or industrial which discharges air contaminants to the ambient atmosphere through
stacks, chimneys, ventilation or exhaust ducts, or any other opening communicating
with the ambient atmosphere.
C. Person: Any individual, partnership, firm or co-partnership, associa-
tion, syndicate, company, trust, corporation, department, bureau, agency, pri-
vate or municipal corporation, or any other entity recognized by law as the
subject of rights and duties.
D. Air Pollution Emergency Episode: An occurrence of atmospheric
stagnation whereby natural ventilation is restricted, allowing for rapid ac-
cumulation of pollutant concentrations at the lowest levels in the atmosphere,
thereby endangering the health and welfare of the citizens in the area.
E. Forecast Status: An internal watch by the Air Pollution Control
Agency, activated by a National Weather Service advisory that at Atmospheric
Stagnation Advisory is in effect, or by an equivalent local forecast of stag-
nant atmospheric conditions.
F. Alert Status: An alert will be declared when any one of the following
levels is reached at any sampling station:
S02 - 0.3 ppm (800 ug/m3), 24-hour average
or Particulate - 3.0 COHs, or 375 ug/m Hi-Volume Suspended Particulate,
24-hour sample
or SOg and Particulate Combined - product of S02 ppm, 24-hour average
ana COHs, equal to 0,2, or product of S02 ug/m3, 24-hour average,
and Particulate ug/m , 24-hour average equal to 65 x 10J
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and Meteorological conditions are such that this condition can be ex-
pected to continue for twelve (12) or more hours or increase unless
control actions are taken.
G. Warning Status: A warning will be declared when any one of the fol-
lowing levels is reached at any sampling station:
S02 - 0.6 ppm (1600 ug/m^), 24-hour average
or Particulate - 5.0 COHs, or 675 ug/m3 Hi Volume Suspended
Particulate, 24-hour sample
or SO? and Particulate Combined - product of SO? ppm, 24-hour average
and COHs, equal to 0.8, or product of S02 ug/m3, 24-hour average,
and Particulate ug/m3, 24-hour average equal to 261 x 1Q3
and Meteorological conditions are such that this condition can be ex-
pected to continue for twelve (12) or more hours or increase unless
control actions are taken.
H. Emergency Status: When the concentration(s) for the Warning Status
have been exceeded and are continuing to increase, or if the Director of the
New Hampshire Air Pollution Control Agency determines that, because of meteor-
ological and other factors, the concentrations will continue to increase.
I. Termination: Once declared, any status reached by application of
the alert, warning and emergency criteria will remain in effect until the
criteria for that status are no longer met. At such time the next lower status
will be assumed.
III. Requirement
The following steps shall be taken by any facility which discharges air
contaminants into the ambient atmosphere, and by those with whom preplanned
emission reduction strategy has been established (Ref. Section III-E) for the
various status levels defined in II-E through' II-I.
A. Forecast Status: Facilities with whom preplanned emission reduction
strategy has been established shall, upon notification by the New Hampshire Air
Pollution Control Agency, inspect all equipment to obtain best operation and
prepare for curtailment of operation.
B. Alert Status:
1. All persons holding open burning permits shall cease such burn-
ng and consider such permit suspended until further notice.
2. Private and Commercial Incinerators shall be operated only be-
tween 12 noon and 4 p.m.
3. Sootblowing, firecleaning, etc., shall be kept to a minimum and
when necessary shall be accomplished only between 12 noon and 4 p.m.
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4. All coal or oil fired process steam generating plants with
annual emissions greater than 100 tons shall make maximum use of fuels having
the lowest available ash and sulfur content. All sources regardless of size
shall prepare to initiate a plan of action to minimize production of pollutants
in case an emergency is called.
5. Coal and oil fired electric power generating stations shall con-
vert to fuels having the lowest available ash and sulfur content, and shall
prepare to place all possible electric power requirements with generating facil-
ities outside of the Alert area.
6. Major facilities (such as, but not limited to, primary metal
industry, chemical industries, mineral processing industries, paper and allied
products, and grain industry) having an emission rate in excess of 100 tons
annually shall prepare to make susbstantial reductions in emissions in accord-
ance with preplanned strategy.
C. Warning Status: All provisions of the Alert Status continue and:
1. Coal and oil fired electric power generating stations shall place
all possible electric power requirements with generating facilities outside of
Warning Area.
2. Upon notification by the Director, all coal or oil fired process
steam generating plants with emissions greater than 100 tons annually shall re-
duce power output in accordance with preplanned strategy.
3. Incinerators shall not operate, except in instances agreed to in
writing by the Director of the Agency.
4. Major facilities (such as, but not limited to, primary metal in-
dustry, chemical industries, mineral processing industries, paper and allied
products, and grain industry) having an emission rate in excess of 100 tons
annually shall make a maximum reduction in emissions in accordance with pre-
planned strategy and, if considered necessary by the Director of the Agency,
shall postpone or reschedule production operations.
5. All facilities having an emission rate less than 100 tons annually
shall reduce emissions as directed by the Agency, and if considered necessary,
shall postpone or reschedule production operations.
0. Emergency Status: All provisions of Warning Status continue and:
1. Mining and quarrying of non-metallic materials and asphalt plant
operations shall cease operations.
2. All construction projects, except those exempted by the Director
of the Agency, shall cease operations.
3. All manufacturing establishments, except those operating under an
air pollution emergency plan, shall cease operations.
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4. All wholesale trade establishments except wholesale druggists and
surgical supply houses, shall cease operations.
5. All governmental offices and other governmental functions, ex-
cept those determined to be vital for public safety and welfare and the enforce-
ment of this regulation, shall cease operations.
6. Except for food outlets, pharmacies, and retail surgical supply
outlets, all retail establishments, banks, credit house, insurance offices, se-
curities and commodities brokers, and real estate offices, shall cease opera-
tions.
7. Wholesale and retail laundries, dry-cleaners, dyers, photographic
studios, beauty shops, barber shops, and shoe repair shops, shall cease opera-
tions.
8. Advertising offices, consumer credit, adjustment and collection
agencies, duplicating, blueprinting, photocopying, stenographic services, equip-
ment rental and commercial testing laboratories shall cease operations.
9. Automobile repair, automobile services, and garages shall close,
except for the sale and distribution of petroleum products.
10. Establishments which render amusement and recreational services,
including indoor and outdoor motion picture theaters, shall cease operations.
11. Elementary and secondary schools, colleges, universities, pro-
fessional schools, junior colleges, vocational schools and public and private
libraries shall close.
12. The use of motor vehicles shall be restricted except in extreme
emergency and with the approval of the local or state police.
13. In addition to the measures described in paragraphs 1 through 12
above all other commercial and manufacturing establishments not specifically
mentioned must institute such actions as will result in maximum reduction of
air pollutants from their operation by ceasing, curtailing, or postponing opera-
tions which emit air pollutants to the extent possible without causing injury to
persons or damage to equipment.
E. Source Curtailment
All air contaminant sources having annual emissions greater than 100
tons per year of particulates or sulfur oxides must submit a preplanned abate-
ment strategy plan to the Agency no later than July 1, 1972. If the abatement
plan is not submitted or is unacceptable, the Director of the New Hampshire Air
Pollution Control Agency will serve notice to such sources that a strategy will
be prepared by the Agency without further referral to the source.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.1525 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity .by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(11) 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
activicy 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-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days. .
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a "violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon,monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten.
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4).
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph .
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials,.if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the 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) (11), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to'paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of. such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(17.0) 52.1529 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
(11) For purposes of this paragraph, areas designated as Class
III shall be limited td concentrations'of parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (1) of .this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States hav=
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) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of.this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of .this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed, redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(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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