U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 281
Air Pollution Regulations  in
State Implementation Plans:  New  York
Abcor Inc, Wilmington, MA
Prepared for

Environmental Protection 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
KB 290281
EPA-450/3-78-082
August 1978
             Air
&EFA
     Pollution  Regulations
in State Implementation
Plans:
New York
                     REPRODUCED BY
                    NATIONAL TECHNICAL
                    INFORMATION SERVICE

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
 I. REPORT NO.
  EPA-450/3-78-082
             3. RECIPIENT'S ACCESSIOf»NO.
                  Pb 2C\Q--Z
 4. TITLE ANDSUBTITLE
 Air  Pollution Regulations in State  Implementation i
 Plans:  New York
             5. REPORT DATE
               August 1978
             «. PERFORMING ORGANIZATION CODE
 7. AUTHOHIS)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division  of Abcor, Inc.
  Wilmington, Mass.
 \V. SPONSORING AGLNCY NAME AND ADDRESS
  Control Programs Development Division
  Office of Air Quality Planning and Standards
  Office of Air,  Noise, and Radiation
  Research Triangle Park, NC 27711
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.


               68-02-2890
                                                           13. TYPE OF REPORT AND PERIOD COVERED
             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.
 7.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
 3. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
                                              b.IDENTIFIERS/OPEN ENDED TERMS  C.  COSATI Field/Group
19. SECURITY CLASS (This Report)
   Unclassified	
                                              20. SECURITY CLASS (This page)
                                                Unclassified
                           22. PRICE ,,,
                                      n p v
EPA Form 2220-1 (9-73)

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                                  EPA-450/3-78-082
          Pollution Regulations
in  State Implementation  Plans
                New York
                        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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Thib 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-450/3-78-082
                                  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.

i     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 natter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and'local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.   Specifically,
the summary sheets contain the date of submittal to EPA of each revision

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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA.  Finally, a brief description
or reference of the regulation which was submitted is also included.

     This document is not intended to provide, a tool for determining
the enforceability of any given regulation.   As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40,  Part 52,
of the Code of Federal Regulations.  Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation.  Similarly, the inclusion of  a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
                                   IV

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                                  SUMMARY SHEET

                                       OF

                         ERA-APPROVED REGULATION CHANGES
                                    NEW YORK
Submittal Date

  Original
Approval Date

  5/31/72
  2/9/72



  2/11/72


  2/14/72

  5/24/72



  7/20/72
  5/31/72



  5/31/72


  5/31/72

  9/22/72



  9/22/72
    Description

Note:  Part 201 of
Subchapter A is dis-
approved for the fol-
lowing regions.
SOs Stds for Hudson
Valley Intrastate
Region
Primary SOs Stds for
Niagra Frontier Intra-
state Region
Secondary SOs Stds for
Genesee - Finger Lakes
and Southern Tier West
Intrastate Regions.
Secondary SOs Stds for
Central New York, Southern
Tier East Intrastate
Regions, New York por-
tion of the Champlain
Valley Intrastate Region

Parts 175, 176, 177,
185, 197, 203
Note:  197 is missing

Part 200, Article 9
of New York City

Part 192

Regs 200, 201, 202, 207,
212, 215, 219, 220, 222,
226, 230

Parts 204, 205, 214, 217,-
223, 225, 227, 230
Part 230 was not in
submittal, copy included
                                    V

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SUbtnittal Date
     Approval Date
Description
2/6/73 :.
8/15/73
2/17/74
(1/17/74)?
8/29/74
10/11/74
12/6/74
1/27/75
2/25/75
5/8/75
9/20/76
11/5/76.
Section No.
52.1677
52.1683
52.1685 .
8/20/74
2/25/74
9/17/74
6/2/75
6/2/75
6/2/75
9/15/75
6/2/75
9/15/75
5/18/77
5/18/77
FEDERAL REGULATIONS
Description
Compliance Schedules
Transportation and Land-use
General Requirements,
Part 226
Note: Sec. 226. 3(g)
is disapproved.
Parts 200, 201
Part 205
Part 225
Part 225
Part 225
Part 203
Part 225
Part 203
Part 225
Part 225

Controls

52.1686
(Public Availability of Emission Data)
Prevention of Significant Deterioration
                                    VI

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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
                                          VII

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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,
              R1ce 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) - Partlculates
              (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) - N0£ (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 F1re,  F1re
              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
              ;T.opics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51 ..20  WOOD WASTE BURNERS
       51.21  -MISCELLANEOUS TOPICS
                                         VIII

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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1-0)
(.3.0)
(2.0)
(2.0).
(3.0)
(3.0)
(3.0) .
(3.0) ..
(3-.Q)
(2.0)
(9.0)
(9.0)
(2.0)
(9.0)
'(9.0)
(10.0)
(2.0)
(.1.0)
STATE
Section
Number
Part 200
Section 200.1
Part 201
Section 201.1
Section 201.2
Section 201.3
Section 201.4
Section 201.5
Section 201.6
Section 201.7
Section 201.8
Part 202
Section 202.1
Section 202.2
Section 202.3
Section 202.4
Part 203
Section 203.1
Section 203.2
REGULATIONS
Title
General Provisions
Definitions
Permits and Certificates
Applicability
Prohibitions .
Application for and Insurance
of Permits and Certificates
Permit to Construct
Certificate to Operate
Disapproval of Application
Transference
Exemptions
Stack Testing, Sampling and
Analytical Determinations
Required Stack Tests
Notification
Acceptable Procedures
Separate Stack Tests By the
Commissioner
Indirect Sources of Air
Contamination
Applicability
Definitions
Page
1
1
5
5
5
5
6
7
7
7
7
10
10
10
10
10
11
11
12
          IX

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Revised Standard
Subject Index
(2.0)
(3.0)
(3.0)
(16.0)
(16.0)
(2.0)
(3.0)
. (2,0) , . ,
( 3.'0 )"-••••
(3.0)
(3.0)
(50.4) (51.16)
(2.0)
(4.0)
(1.0)
(2.0)
(50.4) (50.7)
(2.0)
(1.0)
(50.4)
Section
Number
Section 203.3
Section 203.4
Section 203.5
Section 203.6
Section 203.7
Section 203.8
Section 203.9
Section 203.10
Section 203.11
Section 203.12
Section 203.13
Part 204
Section 204.1
Section 204.2
Section 204.3
Section 204.4
Part 205
Section 205.1
Section 205.2
Section 205.3
                                           Title                         Page
                                      Prohibitions                        13
                                      Application For Permit              15
                                      Preliminary Review of Applica-
                                      tions and Public Comment            15
                                      Public Notice of Hearings           17
                                      Public Hearing Procedures           17
                                      Determination                       19
                                      Standards For Issuance of Permit    19
                                      Approval Subject to Conditions      20
                                      Expiration of Permit                21
                                      Modification of Permit              21
                                      Suspension and Revocation of        21
                                      Permi ts
                                      Hydrocarbon Emissions From          22
                                      Storage and Loading Facilities
                                      Area Applicable                     22
                                      Ambient Air Quality Standards       22
                                      Definitions                         22
                                      Prohibitions                        23
                                      Photochemically Reactive Solvents   25
                                      & Organic Solvents From Certain
                                      Processes
                                      Applicable Geographical  Area        25
                                      Definitions                         26
                                      Emission of Organic Materials       28
                                      From Certain Emission Sources
(50.1.2)
Section 205.4
Opacity of Emission Limited
29

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Revised Standard
   Section
Subject Index
(2.0)
(51.21)
(51.21)
(51.21)
(2.0)
(8.0)
(1.0)
•"(B.'O)
(8.0)
(2.0)
(2.0)
(3.0)
(50.1.1)
(2.0)
(1.0)
. (2.0)
(2.0)
(51.4)
Number
Section 205.5
Section 205.6
Section 205.7
Section 205.8
Section 205.9
Part 207
Section 207.1
' Section 207.2
Section 207.3
Part 211
Section 211.1
Section 211.2
Part 212
Section 212.1
Section 212.2
Section 212.3
Section 212.4
.Part 213
     (2.0)
Section 213.1
        Title                      Page
Use of Afterburners For Control     29
of Emissions
Sale or Purchase of Certain Archi-  29
tectural Coatings Prohibited
Application or Disposal of
Certain Materials Restricted        29
Identification of Architectural     29
Coatings Required
Exemptions                          30
Control Measures For An Air         31
Pollution Episode
Definitions                         31
Episode Action Plan                 31
Air Pollution Episode               32
General Prohibition                 33
Prohibition                         33
Application      .                   33
Contaminant Emissions From         . 34
Processes and Exhaust and
Ventilation Systems
Applicability                       34
Definitions                         34
Prohibitions                        35
Abatement                           35
Contaminant Emissions From          41
Ferrous Jobbing Foundries
Applicability .                      41
                                        XI

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Revised Standard
Section
Subject Index
(1.0)
(2,0)
(51.2)
(6.0)
(2.0)
(50.1.2)
(50.2)
(2.0)
(51.13) -,
(1.0) .
(2.0)
(51.13)
(50.1.2)
(1.0)
(2.0)
(2.0)
(2.0)
(12.0)
(1.0)
(12.0)
(12.0)
(2.0)
(50.1.2)
Number
Section 213.2
Section 213.3
Part 214
Section 214.1
Section 214.2
Section 214.3
Section 214.4
Section 214.5
Part 215
Section 215.1
Section 215.2
Section 215.3
Part 216
Section 216.1
Section 216.2
Section 216.3
Section 216.4
Part 217
Section 217.1
Section 217.2
Section 217.3
Section 217.4
Section 217^5
                                                  Title                    Page
                                        Definitions                          41
                                        Prohibition                          42
                                        By-Product Coke Oven  Batteries       43
                                                    i
                                        Compliance Schedules                 43
                                        Control  Equipment                   43
                                        Smoke Emissions                     43
                                        Sulfur Compound Emissions            43
                                        Corrective Action                   44
                                        Open Fires                          45
                                        Definitions                          45
                                        Prohibitions                         45
                                        Restricted Burning                   46
                                        Smoke                               49
                                        Definitions                          49
                                        Prohibition                          49
                                        Exceptions                          50
                                        Abatement                            50
                                        Emissions  From  Motor  Vehicles        51
                                        Propelled  By Gasoline Engines
                                        Definitions                          51
                                        Crankcase  Emissions                  52
                                        Exhaust  Emissions                    53
                                        Exemptions                           55
                                        Visible  Emissions                    55
                                            XII

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Revised Standard
  Subject Index
    (12.0)
    (12,0)
  (50.1.2)
     (2.0)
     (2.0)
     (2.0)
    (51.9)
     (2.0)
     (2.0)
     (1.0)
    (51.9)
  (50.1.2)
     (9.0)
     (2.0)
(50.1) (51.3)

     (2.0)
  (50.1.1)

     (2.0)
     (.9,0)
    (51.3)

     (2.0)
     (2.0)
   Section
    Number
Section 217.6
Part 218

Section 218.1
Section 218.2
Section 218.3
Part 219
Section 219.1
Section 219.2
Section 219.3
Section 219.4
Section 219.5
Section 219.6
Section 219.7
Part 220

Section 220.1
Section 220.2

Section 220.3
Section 220.4
Part 221
Section 221.1
Section 221.2
           Title                   Page
General Standards                   55
Smoke Emissions From Diesel         56
Engines
Applicability                       56
Prohibitions                        56
Exceptions                          56
Incinerators                        57
Title                               57
Applicable Geographical Area        57
Definitions                         57
Emission Limits                     57
Smoke Emissions                     58
Tests                               58
Abatement                           59
Particulate Emissions From Cement   60
and Lightweight Aggregate
Industry Pyroprocesses
Applicability                       60
Process Weight, Process Weight Per  60
Hour, Pyroprocesses
Prohibitions                        61
Testing, Sampling and Records       61
Asbestos - Containing Surface       63
Coating Materials
Applicability                       63
Prohibition                         63
                                           XIII

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Revised Standard
  Subject Index
    (51.9)

     (2.OT
    (50.1)
  (50.1.2)
    (50.6)
    (51.9)
     (4.0)
   (51.21) ....
    (50.2)  '.
     (2.0)
    (51.6)

     (2.0)
     (2.0)

     (2.0)

    (16.0)
     (2.0)
     (9.0)
(13.0)  (9.0)
    (51.6)

     (2.0)
   Section
    Number
Part 222

Section 222.1
Section 222.2
Section 222.3
Section 222.4
Section 222.5
Section 222.6
Part 223
Section 223.1
Section 223.2
Part 225

Section 225.1
Section 225.2
Section 225.3

Section 225.4
Section 225.5
Section 225.6
Section 225.7
Part 226

Section 226.1
          Ti 11e                    Page
 Incinerators - New York City,       64
 Nassau and Westchester Counties
 Applicability                       64
 Particulate Emissions               64
 Smoke Emissions                     64
 Odorous Emissions                   64
 Representative Incinerator Models    65
 Ambient Air Quality Standards       65
 Petroleum Refineries                67
 Sulfur Compound Emissions           67
 Exceptions                          67
 Fuel Composition and Use - New      68
 York Metropolitan Area
 Prohibitions                        68
 Special Limitations Contingent      68
 Upon Air Quality
 Exceptions Contingent Upon Fuel     69
 Shortage
 Public Hearings                     70
 General Exceptions                  71
 Emission and Fuel  Monitering        72
 Reports, Sampling and Analysis       73
 Fuel Composition and Use -          75
 Stationary Air Contamination
 Sources
Applicability                       75
                                            XIV

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Revised Standard
Subject .Index
(2.0)
(2.0)
(13.0) (9.0)
(9.0)
(51.5) (51.7)
(51.5)
(50.1)
(5.0.1.2)
(50.3) ; :
(9.0)
(2.0)
(2.0)
(2.0)
(4.0)
(1.0)
(51..6)
' (2.0)
(2.0)'
(2.0)
(6.0)
(4.0)
Section
Number
Section 226.2
Section 226.3
Section 226.4
Section 226.5
Part 227
Section 227.1
Section 227.2
Section 227.3
Section 227.4
Section 227.5
Section 227.6
Section 227.7
Section 227.8
Section 227.9
Section 227.10
Part 230
Section 230.1
Section 230.2
Section 230.3
Section 230.4
Section 230.5
            Title                  Page
Prohibitions                        75
Exceptions                          76
Reports, Sampling and Analysis      77
Emission and Fuel Monitoring        78
Stationary Combustion Installations 79
Bituminous Coal                     79
Particulate Emissions               79
Smoke Emissions                     79
Nitrogen Oxides                     80
Stack Monitoring                    80
Fuel Mixtures  .                     81
Corrective Action               .81
General                             82
Ambient Air Quality Standards       82
Definitions                         82
Fuel Composition and Use -          85
Niagara Frontier
Applicability                       85
Prohibitions                        85
Exceptions                          85
Compliance                          86
Ambient Air Quality Standards       86
     xv

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                      FEDERALLY PROMULGATED REGULATIONS
Revised Standard
  Subject Index
     (6.0)
    (12.0)

    (14.0)
    (17.0)
   Section
    Number
52.1677
52.1683

52.1685
52.1689
         Title                 Page
Compliance Schedules            88
Transportation and Land
Use Controls                    93
General Requirements            93
Prevention of Significant
Deterioration                   95
                                         xvi

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(2.0)     PART  200  -  GENERAL  PROVISIONS

(1.0)     Section 200.1   Definitions

         (Additional  statutory  authority:   Environmental Conservation Law,
         3-03-1, 19.-0301,  19-0303)

              a.   Air cleaning  installation,  air cleaning device control equipment

                  Any method,  process or  equipment which removes, reduces or renders
                  less noxious  air  contaminants discharged  into the atmosphere.

              b.   Air contaminant

                  A  dust,  fume, gas, mist,  odor, smoke, vapor, pollen, or any
                  combination  thereof.

              c.   Air contamination

                  The presence  in the outdoor atmosphere of one or more air
                 Contaminants  which contribute or which are likely to contri-
                  bute to  a  condition of  air  pollution.

              d.;  Air contamination source  or emission source.

                  1.   Any  apparatus, contrivance or  machine capable of causing
                      emission  of any air contaminant to the outdoor atmosphere
                      either directly,  or through an exhaust system, an air
                      cleaning  device or  a  stack.  When more than one apparatus,
                      contrivance or machine  is connected to a single exhaust
                      system,  air cleaning  device or stack, their combination
                      shall  be  considered a single air contamination source or
                      emission  source.

                  2.   Any  facility, building, structure or  installation or com-
                      bination  thereof  which  directly or indirectly results, or
                      may  result in emissions of any air contaminant for which
                      there  is  a State  or Federal ambient air quality standard,
                      limited,  however, to  the following:

                      (i)  Any  garage or  parking facility in the County of New
                          York.

                     (ii)  Any  facility with  an associated  parking area(s) upon
                          which the facility will rely with a total .capacity
                          of  1,500 or  more cars.

                    (iii)  Any  parking  facility with an existing.capacity of less
                          than 1,500 cars  which will increased to 1,500 or more
                          cars.                                     :
                                            -1-

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       (iv)  Any parking facility with an existing capacity  in
             excess of 1,500 cars which will  be increased by
             more than 25 percent, or more than 1,500 cars,
             whichever is less.

        (v)  Airports served by  regularly scheduled airlines.

       (vi)  Roads with a maximum expected traffic volume within
             10 years of completion of:

             (a)  3,000 vehicles or more in eight hours,  or

             (b)  1,500 vehicles or more in one hour.
e.  Air pollution

    The presence in the outdoor atmosphere of one or more conta-
    minants in quantities, of characteristics and of a duration
    which are or may be injurious to human, plant or animal  life
    or to property or which unreasonably interfere with the  com-
    fortable enjoyment of life and property.

f.  Combustion installation

    An installation, consisting of one or more furnace, device,
    engine or turbine in which fossil fuel and/or wood is burned
    with air or oxygen and the air contaminant emissions
    include only those products resulting from

              1.   combustion of the fuel,

              2.   additives or impurities in the fuel and

              3.   material introduced for the purpose of altering
                  air contaminant emissions.

g.  Commissioner

    Commissioner of Environmental Conservation of the State  of
    New York.

h.  Diesel engine

    An internal combustion engine in which air is compressed to
    a temperature capable of igniting fuel injected into the
    cylinders  where combustion occurs.
                              -2-

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i.   Distillate oil

    A fuel oil consisting of distilled, fractions and having a
    kinematic viscosity of 5.3 centistokes or less at 100 degree
    Fahrenheit.  This includes ASTM grade numbers 1 and 2 fuel
    oil, ASTM grade numbers 1-D and 2-D diesel fuel oil and pro-
    posed ASTM grade numbers 1-GT and 2-GT gas turbine fuel oil.

j.   Emission rate potential

    The rate in weight per unit time at which air contaminants
  .  would be emitted to the outdoor atmosphere in the absence
    of air pollution control equipment or other control measures.
    The emission rate potential for cyclic operations shall be
    determined by considering the peak emission potential and
    total emission potential over the time period of the cycle.

k.   Environmental rating

    An assigned rating indicated by the letter A, B, C, or D,
    which considers the potential environmental effects of an
    air contamination source on its surroundings.

1.   Exhaust and/or ventilation system

    Any system which removes air contaminants from a process and
    transports them from their point of generation to the out-
    door atmosphere.

m.   Fossil fuel burning equipment

    Any furnace, steam, hot-air or hot-water generating equip-
    ment or any other device, exclusive of process equipment in
    which the fuel burned is coal, oil, gas or other fossil fuels,

n.   Fuel

    Solid, liquid, or gaseous combustible material

o.   Garbage

    The animal and vegetable waste resulting from the handling,
    preparation, cooking and serving of food.

p.   Incinerator

    Any structure or furnace in which combustion takes place and
    type 0, 1,2, 3, or 4 refuse is used as a fuel, alone or in
    conjunction with fossil fuel.
                              -3-

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q.  L.P. gas

    A petroleum hydrocarbon, such as propane, butane, or
    isobutane, which is normally a gas but which can be
    compressed and condensed to a liquid.

r.  Motor vehicle

    A vehicle which can travel  on land and which is propelled
    by means other than human or animal muscular power except
    such vehicles which run only on tracks or rails.

s.  On-site incinerator

    Any incinerator except one used to burn refuse which is
    collected from more than 100 different premises and
    brought to the incinerator site by truck.

t.  Opacity

    The degree to which emissions other than water reduce the
    transmission of light and obscure the view of an object
    in the background.

u.  Open fire

    Any outdoor fire or outdoor smoke producing process from
    which the air contaminants are emitted directly into the
    outdoor atmosphere.

v.  Outdoor atmosphere

    The atmosphere outside of and surrounding all buildings,
    structures, stacks or exterior ducts.

w.  Particulates

    Any air or gas-borne material, except water, which exists
    as a liquid or solid at 70 degrees Fahrenheit and 20.92
    inches of mercury pressure.

x.  Permissible emission rate

    The maximum rate at which air contaminants are allowed to
    be emitted to the outdoor atmosphere.

y.  Person

    Any individual, public or private corporation, political
    subdivision,
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 (3.0)    PART 201 - PERMITS AND CERTIFICATES

 (2.0)    Section 201.1  Applicability

         This Part shall apply throughout the State of New York except in
         counties and cities whose local laws, ordinances or regulations are
         consistent with this Subchapter provided, that such counties and
         cities have and maintain an adequate staff to implement and to en-
         force the provisions of such local ordinances, laws or regulations
         in accordance with standards established by the commissioner; and
         provided that in December of the preceding year, the commissioner
         has promulgated a list of such counties and cities which he will
         exempt during the calendar year following.

(2.0)     Section 201.2  Prohibitions

              a.  Except as provided in Section 201.8, no person, shall
                  initiate construction or modification of an air contamin-
                  ation source or an air cleaning device, exhaust system or
                  stack without having obtained a permit to construct or a
                  provisional permit to construct from the commissioner.

              b.  Except as provided in Section 201.8 and except where other-
                  wise permitted by the commissioner, no person who owns as
                  air contamination source shall operate, use, or permit to
                  be used, such air contamination source without haying a
                  valid certificate to operate or provisionsal certificate to
                  operate, issued by the commissioner.

             • c.  A person who owns an air contamination source shall be per-
                  mitted to operate such source without a certificate to
                  operate provided he has applied for a certificate to
                  operate.  Such person shall terminate operation of such
                  source on receipt of written notification that his appli-
                  cation has been disapproved.

 (3.0)     201.3  Application  for  and  issuance  of  permits  and certificates*

              a.  Any person who plans  to  construct or modify an air  contamin-
                  ation source or an air cleaning  device or who owns  an  exist-
                  ing air  contamination source for which a certificate  to
                  .operate  is required,  shall  file  an  application with the
                  commissioner for a permit to construct and/or certificate  to
                .  operate.   When requested by the  commissioner, applicants
                  shall include with the filed application, plans and specifi-
                  cations  for the air contamination source.including  location
                  of stack sampling  ports, test  scaffolds and any other
                  reasonable and pertinent information.
         *Applications  for permits  to construct  pertaining  to  air  cleaning  devices
        on exhaust and/or ventilation systems required under the Labor Lav/ and/or
        Industrial Code rules are reviewed for the commissioner by the Industrial
        Commissioner.            •-.'••

                                            -5-                   •

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              b.   The  commissioner  shall  issue  a  permit  to construct only after
                •  the  applicant  demonstrates  to his satisfaction  that

                   1.   the operation  of the source will  not prevent the attain-
                       ment or maintenance of any applicable ambient air
                       quality standards  and

                   2.   the source will operate  without causing a  violation of
                       applicable Rules and Regulatipns.

              c.   A certificate  to  operate shall  be issued by the commissioner
                  for  a period not  to exceed  three years when it  is demonstrated
                  that the existing,  new  or modified  air contamination source
                  or air cleaning device  can  be operated in conformity with all
                  applicable Parts  of this Subchapter.

              d.   A person who owns an air contamination source or an air clean-
                  ing  installation  shall  construct, modify, test  install and
                  continue to operate in  accordance with all the  conditions of
                  the  permit to  construct and or  the  certificate  to operate and
                  all  applicable Parts of this  Subchapter.  The commissioner
                  may  suspend a  certificate or  permit if there is a failure to
                  comply with its conditions  and/or all applicable Parts of
                  this Subchapter.
(3.0)     201.4  Permit  to  construct
              a.   A permit to  construct  shall  be  valid  for  one year  from the
                  date  of issuance  unless  extended  or suspended by the com-
                  missioner.

              b.   Where the requirement  of Section  201.2  and/or Section 201.3
                  would create an undue  hardship  or cause unreasonable delay,
                  a person may proceed to  construct a new or modified air con-
                  tamination source,  at  his  own risk, only  after  having received
                  a provisional  permit to  construct from  the commissioner.
                  Within 90 days of issuance of the provisional permit to con-
                  struct such  person  shall  either discontinue construction or
                  shall  have applied  for a  permit to construct as required by
                  Section 201.2  and/or Section 201.3.   The  provisional permit
                  to construct shall  be  in  effect until such time the com-
                  missioner issues  a  permit  to construct  or disapproves or
                  cancels the  application.
                                            -6-

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(3.0)     201.5  Certificate  to  operate

              a.   The commissioner  may  issue  a  provisional certificate to
                  operate for a limited time  period  not' to exceed one year,
                .'.  where he has  reason to believe  that an air contamination
                  source is  a temporary, trial, or experimental  installa-
                  tion, or in the case  where  the  commissioner has required
                  the submission and acceptance of a stack test  report or
                  other information as  a condition to the issuance of a
                 'certifiace to operate or permit to construct.

              b.   Any certificate to operate  or equivalent issued prior to the
                  effective  date of this Part,  shall expire 15 months after
                  the effective date of this  Part.   Expired certificates to
                  operate are invalid.

              c.   Any person who owns an air  contamination source or air clean-
                  ing device shall  operate and  maintain such source or device
                  in accordance with this Subchapter and existing laws.  Fail-
                  ure of such person to so operate and  maintain  the effective-
                  ness of such  source and/or  device  shall be sufficient reason
                  for the commissioner  to revoke  or  deny a certificate to
                  operate.

(3.0)     201.6  Disapproval  of  application

              If the application for a  permit to  construct or certificate to
              operate is disapproved, the applicant  shall be notified in
              writing of the reasons.   The commissioner may cancel such appli-
              cation if the  applicant fails to  submit an amended application
              within 90 days of notification.

  (3.0)    201.7  Transference

              No person who  owns an air  contamination source shall  transfer a
              permit  to construct or a certificate to operate from one air con-
              tamination source  to  another  or from one  person to another.

  (2.0)    201.8  Exemptions

              A person  who owns  any of the  following air contaminations sources
              shall be  exempt from  all  provisions of the other sections of this
              Part but  shall  not be exempt  from other Parts of this Subchapter.

              a.  Combustion  installations  where  the manufacturers rated heat
                 input is less  than one  million  BTU per hour.

              b.1 Stationary  internal  combustion  engines under 400 horsepower.
                                            -7-

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c.  Unit space heaters.

d.  Fuel burning equipment using as fuel No. 2 oil, diesel oil,
    natural gas, L.P. gas, or a mixed gas distributed by a
    utility in accordance with the rules of the Public Service
    Commission of the State of New York.

.e.  Emergency equipment installed in hospitals or other public
    institutions or buildings for use when the usual sources of
    heat, power, and lighting are temporarily unobtainable.

f.  Emergency relief vents, stacks and ventilating systems.

g.  Vehicles for transportation of passengers and/or freight.

h.  Vacuum cleaning systems used exclusively for commercial or
    residential housekeeping.

i.  Ventilating systems used for heating or cooling buildings for
    the comfort of people living or working within the building.

j.  Laboratory ventilating and exhaust systems which are not used
    for radioactive air contaminants.

k.  Process, exhaust or ventilating systems in bakeries or estab-
    lishments preparing food for on-site human consumption.

1.  Exhaust or ventilating systems for soldering or welding.

m.  Exhaust or ventilating systems for lead melting pots and in
    printing establishments.

n.  Exhaust or ventilating systems for fuel, solvent or paint
    storage tanks, rooms or cabinets where the average emission
    rate is -equivalent to a maximum of one gallon of solvent
    used in any hour and the total annual emission of solvent
    does not exceed 110 gallons.

o.  'Exhaust or ventilating systems for photocopying, photographic
    or other related process equipment where no ammonia gas is
    generated.

p.  Process, exhaust or ventilating systems in municipal sewage
    •treatment plants but not including sewage sludge incineration.

q.  Process, exhaust or ventilating systems in dry cleaning
    •establishments servicing the retail trade only.
                               -8-

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     r.   Exhaust or ventilating systems  for food  blanching  or  cooking
         in water.

     s.   Ventilating systems  used  in  buildings  to house  animals.

     t.   Exhaust or ventilating systems  for spray,  dip,  or  roller
         coating using water  based coat  material  where only water
         vapor is released.      ,

     u.   Exhaust or ventilating systems  for printing, spray, dip or
         roller coating where the  average emission rate  is  equivalent
         to a maximum of one  gallon of solvent  used in any  hour and
         the total  annual  emission of solvent does not exceed  110
         gallons.

     v.   Exhaust or ventilating systems  for nonaqueous solvent degreas-
         ers where  the solvent make-up is equivalent to  a maximum  of
         one gallon of solvent used in any hour and the  total  annual
         emission of solvent  does  not exceed 110  gallons.

     w.   Exhaust or ventilating systems  for melting of gold, silver,
         platinum and other precious  metals.
                 i     •

201.9  Recycling, salvage or  disposal of collected air contaminants.

     a.   Where practical,  any person, who owns, or operates an air
         contamination source, shall  recycle or salvage  air contamin-
         ants collected in an air  cleaning device.

     b.   No person  shall remove collected air contaminants  from an
         air cleaning device  or shall recycle,  salvage or dispose  of
         such air contaminants in  a manner so as  to reintroduce them
         to the outdoor atmosphere to cause air pollution.
                                  -9-

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 f1.1.^)   PART  202  - STACK TESTING, SAMPLING AND ANALYTICAL DETERMINATIONS

 (9.0)   202.1  Required stack tests

              If the Commissioner has reason to believe that an air contamina-
              tion source may not be in compliance with the provisions of this
              Subchapter, he may require the person who owns such air con-
              tamination source to submit an acceptable stack test report
              within a stated time demonstrating that the source is in compli-
              ance with this Subchapter.  Such person shall bear the cost of
              stack testing and preparing the stack test report.  Failure of
              such person to submit a report acceptable to the Commissioner
              within the time stated shall be sufficient reason for the
              commissioner to suspend or deny a certificate to operate.

(2.0)     202.2 Notification

              A person who  is required  by the Commissioner to submit a stack
              test report shall notify  the Commissioner, in writing, not  less
              than 30 days  prior to the test, of the time and date of the
              test.  Such notification  shall also  include the acceptable  pro-
              cedures to be used to stack test including sampling and analyti-
              cal  procedures.  Such person shall allow  the Commissioner,  or
              his  representative, free  access to observe stack testing being
              conducted by  such person.

(9.0)     202.3 Acceptable  procedures

              Stack testing, sampling and analytical determination to ascer-
              tain compliance with this Subchapter shall be conducted in
              accordance with procedures acceptable to  the Commissioner.  The
              person who owns an air contamination source shall submit the
              stack test report to the  Commissioner within 30 days after  the
              completionof  tests.

(9.0)     202.4 Separate stack tests by the Commissioner

              a.   If the Commissioner has reason to believe that an air con-
                  tamination source may not be in compliance with the pro-
                i  visions of this Subchapter, he may conduct separate or
                  additional stack tests on behalf of the state.  Any person
                  who owns an air contamination source, when requested by the
                  Commissioner, shall provide sampling  holes, scaffolding and
                  other pertinent allied facilities required for collection
                  of stack samples.  Such person shall  bear the cost of such
                  facilities.

              b.'   If a person who owns  an air contamination source fails to
               .   provide sampling holes, scaffolding and other pertinent
               •  allied facilities required for collection of stack samples,
                  the Commissioner may  then provide such facilities, and such
                  person shall bear the cost.
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(10.0)    PART  203  -  INDIRECT  SOURCES OF AIR CONTAMINATION

(2.0)     Section  203.1  -  Applicability

              a.   This  Part shall  apply throughout the State of New York; pro-
                  vided,  however,  that the Commissioner may  by order filed with
                  the Secretary  of State  exempt  persons in a city or county
                  in whole or in part from the provisions of this Part where
                  he has  determined that  such city or county has enacted a local
                  law,  ordinance or regulation which will achieve the purposes
                  of this Part or applicable portions thereof, and that such
                  city  or county has adequate staff to enforce and will enforce
                  the provisions of such  local law, ordinance or regulation;
                  and provided,  further,  that the Commissioner may by order
                  filed with  the Secretary of State delegate the enforcement
                  of this Part in whole or in part to a city or a county where
                  he has  determined that  such city or county has adequate staff
                  to enforce  and will enforce the provisions of this Part or
        '      '    applicable  portions thereof.   (NOTE:  The  following cities
                  and counties have been  determined exempt or been delegated
                 .enforcement responsibilities:  New York City).  He may revoke
                  any such exemption or delegation where he  determines that
                  the stated  conditions no longer exist.  An order of exemp-
                  tion  or delegation may  contain such provisions concerning
                  review  of actions of any such  city or county as the Commis-
                  sioner  may  deem necessary.

              b.   Except  as provided in Section  303.3, this  Part shall not apply
                  to the  construction or'  modification of an  indirect source of
                  air contamination if such construction or  modification com-
                  menced  prior to the effective  date of this Part.  For the
                  purpose of  this Subdivision, construction  or modification will
                  be deemed to have commenced if a person has entered into a
                  contract for paving or  installation of foundations or for the
                  fabrication, erection or installation of the building com-
                  ponents of  an  indirect  source  or associated parking area and
                  has engaged in a continuous program of on-site construction
                  or modification of such source or area; except that in the
                  case  of roads, highways and airports where acquisition of land
                  is required, an appropriation  of land through eminent domain
                  proceedings as evidenced by the filing of  a description and
                  map in  the  office of .the appropriate county official or the
                  negotiated  purchase of  land as evidenced by a binding contract
                  of purchase, shall constitute  the commencement of construction
                  or modification, if followed by a continuous program of on-
                  site  construction or modification.  Interruptions resulting
                                            -11-

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                 from force majeure shall be disregarded in determining whether
               r  a construction or modification program is continuous.

             c.  With respect to any indirect source to which the owner or
                 operator believes this Part does not apply, the owner or
                 operator may request in writing an applicability ruling from
                 the Commissioner.
(1.0)     Section  203.2   Definitions
              As  used  in  this  Part,  the  following  terms  shall have the indicated
              meanings unless  noted  otherwise:
              a.   "Indirect  source  of  air  contamination" or  "indirect source"
                  means  a  facility,  building,  structure or installation the
                  construction  or operation  of which  results or may  result
                  directly or indirectly in  associated vehicular movements or
                  aircraft operations  which  contribute to ambient concentrations
                 ;of  any pollutant  for which there  is an ambient air quality
                  standard adopted  pursuant  to the  Federal Clean Air Act, as
                  amended, (42  U.S.C.  1857 et  seq., hereinafter referred to
                  as  the "Act"), including but not  limited to:

                  1.   highways  and  roads;

                  2.   parking facilities,  including lots and garages;

                  3.   shopping  centers and other  retail and  commercial facilities;

                  4.   recreational  centers,  amusement parks, sports  stadiums
                      and  entertainment facilities;

                  5.   residential complexes;

                  6.   airports;

                  7.   office, institutional  and industrial facilities;

                  8.   hotels and motels;

                  9.   theaters; and

                 10.   hospitals.

              b.   "Associated parking  area" means a parking  facility or facili-
                 'ties operated in  conjunction with an indirect source.
                                            -12-

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             c.   "Aircraft  operation" means an aircraft take-off or landing.

             d.   "Commence  construction" or "commence modification" means to
                 initiate a program  of on-site construction, including, but
                 not  limited to,  site clearance, grading, dredging, land
                 filling or entering into  a contract for paving or installa-
                 tion of foundations or  for the fabrication, erection or in-
                 stallation of  building  components, specifically designed for
                 an indirect source  or an  associated parking area or in pre-
                 paration for the fabrication, erection on installation of
                 the  building components of an indirect source.

             e.   "Urban area" means  any  of the following counties:

                 1.   Albany, Rensselaer, Saratoga  and Schenectady Counties
                     (Albany-Schenectady-Troy area)

                 2.   Broome and Tioga Counties (Binghamton area)

                 3.   Erie and Niagara Counties (Buffalo area)

                 4.   Chemung County  (Elmira area)

                 5.   Nassau, Rockland, Westchester and Suffolk Counties, and
                     the counties of New York City (New York area)

                 6.   Dutchess County (Poughkeepsie area)

                 7.   Livingston,  Monroe, Orleans and Wayne Counties (Rochester
                     area)

                 8.   Madison, Onondaga and Oswego  Counties  (Syracuse area)

                 9.   Oneida and Herkimer Counties  (Utica-Rome area)

(2.0)    Section  203.3 Prohibitions

             a.   No person  shall  commence  construction or modification of an
                 indirect source  of  air  contamination or associated parking
                 area without having a valid permit to construct issued by
                 the  Commissioner pursuant to this Part.  The foregoing pro-
                 hibitions  shall  apply only to:

                 1.   The construction or modification of any parking facility
                     or any associated parking area in New York County.

                 2.   Any airport,  the construction or modification of which
                     results or may  result in the  following activity within
                     ten years  after completion of the construction or modifi-
                     cation:
                                           -13-

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    (i)  In the case of a new airport,  50,000  or more  air-
         craft operations per year by  regularly  scheduled
         air carriers,  or use by 1,600,000  or  more  passengers
         per year.

   (ii)  In the case of a modified airport, an increase of
         50,000 or more aircraft operations per  year by re-
         gularly scheduled air carriers over the existing
         annual volume of aircraft operations, or an increase
         of 1,600,000 or more passengers per year.
3.   Within an urban area:

    (i)  The construction of any new parking facility,  or
         other new indirect source with an  associated  parking
         area, which adds new parking  capacity of 1,000
         vehicles or more:

   (ii)  The modification of any parking facility or any
         associated parking area which, by  itself or when
         added together with all parking capacity constructed
         subsequent to November 4, 1973 or  the date the
         latest permit to construct has been issued for such
         facility.or area,  will produce, parking  capacity of
         500 vehicles or more, unless  such  modification is
         permitted under the latest permit  to  construct;

  (iii)  The construction of any road  or highway section on
         which the annual average of daily  traffic  volume
         within ten years of completion of  construction
         exceeds or may exceed 20,000  vehicles;

   (iv)  The modification of any existing section of road
         or highway which increases or may  increase the
         annual average of daily traffic volume  within ten
         years of completion of modification by  more than
         10,000 vehicles.

4.   Outside an urban area,

    (i)  The construction of any new parking facility, or
         other new indirect source with an  associated  park-
         ing area, which adds new parking capacity of  2,000
         vehicles or more;

   (ii)  The modification of any parking facility or of any
         associated parking area which, by  itself or when
         added together with all parking capacity constructed
         subsequent to November 4, 1973 or  the date the
         latest permit to construct has been issued for such
         facility or area,  will produce parking  capacity of
         1,000 vehicles or more, unless such modification  is
         permitted under the latest permit  to  construct.
                          -14-

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                  5.   Whenever  an  indirect source or associated parking area
                      is  to  be  constructed or modified in planned incremental
                      phases, the  Commissioner may approve any or all such
                      phases prior to the initiation of any such phase.

              b.   No  person  shall  operate an indirect source of air contamina-
                  tion, the  construction or modification of which requires a
                  permit  under  Subdivision (a), without first having obtained
                  a permit to construct and no person shall operate an indirect
                  source  which  does  not comply with the terms and conditions
                  of  the  applicable  permit to construct.

(3.0)     Section .203.4 Application  for Permit

              a.   An  application for a permit to construct shall be filed with
                  the Commissioner in such form and manner and contain such
                  information as the Commissioner may require pursuant to
                  guidelines which shall be made availabe to any person on
                  request.   Such information may include the submission by the
                  applicant  of  appropriate atmospheric diffusion models,
                  measured air  quality data, reliable analyses and such other
                  additional information, testing or documentation as the Com-
                  missioner  may reasonably require to determine compliance
                 .with Section  303.9.

              b.   After receipt of an application or supplement or correction
                  thereto the Commissioner will advise the applicant of any
                  deficiency in the  information submitted in support of the
                  application.   In the event of such a deficiency, the appli-
                  cation  shall  not be considered complete until all required
                  information has  been supplied.

              c.   An  applicant  may be required to file with the application an
                  undertaking in an  amount fixed by the Commissioner to
                  guarantee  payment  of the costs of any public hearing.

 (3.0)    Section  203.5 Preliminary  Review of Applications and Public Comment

              a.   After receipt of a completed application, the Commissioner
                  will make  a preliminary analysis of the application and a
                  preliminary determination whether he intends to approve,
                  approve with  conditions or deny the application and the
                  applicant  shall  publish at its own expense a notice of
                  .application in the form prescribed by the Commissioner once
                  a week  for two consecutive weeks in one newspaper designated
                  by  the  Commissioner having a .general circulation in the
                  county  in  which  the .proposed construction or modification of
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    an Indirect source is to occur.   The applicant shall  give
    such additional notice as the Commissioner may require in
    order adequately to inform the public of such application.

b.  The notice shall provide for opportunity for written  public
    comment on such application within a stated period not less
    than thirty days after the date of first publication  and
    shall specify that the application and the Commissioner's
    preliminary analysis and determination are available  for
    public inspection and copying at one or more specified lo-
    cations in the affected air quality control region.   Prior
    to the end of the public comment period, proof of notice
    shall be submitted to the appropriate regional office of  the
    Department.

c.  A copy of the notice shall be sent by the applicant to:
    the regional administrator of the United States Environ-
    mental Protection Agency; all other State and local  air
    pollution control agencies having jurisdiction in the air
    quality control region in which the indirect source is
    proposed to be built; the chief executive of the appropriate
    city, town, village and county; the appropriate County and
    Regional Planning Boards; and any appropriate local  board
    or committee charged with responsibility for activites in
    the conduct of the urban transportation planning process
    (3-C process) pursuant to 23 U.S.C. 134.

d.  .After the period for public comment specified in such notice,
    the Commissioner will hold a hearing if he determines that
    there is sufficient public interest in and reason for such
    a hearing or if the applicant so requests.  In making such
    a determination, he will consider the public comments received,
    including any requests for a public hearing, and the  antici-
    pated impact of the indirect source's effect on air quality.
    In the event that he determines that a hearing is appropriate,
    he will direct the applicant to publish notice of such a
    hearing as prescribed in Section 203.6.  The hearing  shall
    ,be held not less than thirty days after notice is first given.

e.  The applicant shall bear the costs of any such hearing, making
    payment directly to the provider of the services, material  or
    .facilities, including the following:

    1.  stenographic and other costs of producing the record;

    2.  newspaper publication and other costs of giving notice;
        and
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                 .3.   costs  of  renting any  necessary facilities and equip-
                      ment  for  holding the  hearing.

              f.   The  Commissioner will consider any public comments timely
                  received  in making his final determination.  The applicant
                  will  be given an opportunity to  submit a written response
                  to any public comment and the Commissioner will consider
                  such response in making his final determination.

              g.   The  Commissioner may dispense with the period for public
                  comment and proceed directly to  a public hearing if he de-
                  termines  that the anticipated impact of the proposed pro-
                  ject on air quality and/or the public interest so requires
                  or if the appliant so requests.   In such a case the appli-
                  cant shall give notice of hearing instead of notice of
                  appliation.   The notice of hearing shall contain the infor-
                  mation required by this Section.

(16.0)    Section  203.6 Public  Notice of Hearings

         Public notice of any hearing held  pursuant to Section 203.5 shall be
         in a  form prescribed by the Commissioner  and be circulated in the
         same  manner as specified in Section 302.5.  It shall specify that
         the hearing shall  be held not less than thirty days after the date
         of first publication and that persons wishing to be heard at such
         public hearing may file a statement of the grounds of support of,
         opposition to or interest in the application at a specified office
         of the Department  prior to the date of the public hearing.  It shall
         also  specify  that  persons may submit their comments for the record
         whether  or not wishing to be heard.  Proof of notice shall be sub-
         mitted prior  to the date of the public hearing.

(16.0)    Section  203.7 Public  Hearing Procedures

              a.   Parties to the public hearing held pursuant to Section 203.5
                  shall be  the  applicant, any person who files a written pub-
                  lic  comment or statement  pursuant to Section 203.5(b) or
                  Section 203.6, any municipality  within the boundary of
                  which the indirect source is located and such other persons
                 . as the hearing officer shall, in his discretion, determine
              • •  to be in  the  public interest to  permit to intervene as a
                  .party, either generally or for a special purpose.

              b..  At any public hearing held pursuant to Section 203.5, any
                  party shall be afforded the opportunity to present oral or
                  written statements or arguments  and to present evidence on
                  issues of fact; provided, however, that the Department
                  shall have the discretion to fix reasonable time limits on
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    the presentation of oral  statements or evidence and when
    time and scheduling considerations necessitate, may require
    the submission of statements, arguments or evidence in
    writing.

c.  The public hearing shall  be conducted by a hearing officer
    designated by the Commissioner.   The hearing officer is
    empowered to:

    1.  Provide for the taking of written and oral  statements
        or data;

    2.  Require the submission of sworn testimony and permit the
        cross-examination of witnesses subject to such limita-
        tions as he may impose to avoid irrelevant or repeti-
        tious cross-examination;

    3.  Regulate the course of the hearing, fix the time for
        the filing of written statements, arguments and evidence,
        provide for the scheduling and preservation or oral
        statements, arguments and evidence, and set the time and
        place for continued hearings; and

    4.  Take notice of general and scientific facts, provided
        that he shall give the parties an opportunity to con-
        test the facts so noticed.

d.  Any materials, including  records and documents, in the pos-
    sesstion of the Department or which are relevant to the
    application, may be relied upon by the Commissioner in making
    his determination.  Any document relied on by the Depart-
    ment shall be available for inspection by the parties.

e.  The hearing officer shall make findings of fact and his
    recommendation and shall  forward them to the Commissioner.

f.  The Commissioner may at any time direct the hearing be re-
    opened prior to issuance  of the permit to construct where
    the public interest so requires.

g.  In the event no hearing is held, an official file shall be
    compiled by the Department consisting of documents submitted
    by the applicant, any public comments and any additional
    documents relied on by the Department with respect to the
    application.  Any document made part of such official file
    shall  be available for inspection by the appliant and other
    interested persons.
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              h.  The  Commissioner may at any time prior to the issuance of the
                 permit  to  construct request additional information from the
                 applicant.

(2.0)     Section  203.8 Determination

              a.  The  Commissioner may issue or deny the permit to construct
                 or issue it  subject to conditions as provided in Section
                 203.10.

              b.  The  Commissioner will notify the applicant and any parties
                 to any  public  hearing in writing of his approval or dis-
                 approval of  the application.  If he disapproves the applica-
                 tion, approves it with substantial modifications or if
                 there has  been a public hearing, he shall set forth the
                 reasons  for  his decision.

(3.0)     Section  203.9 Standards for Issuance of Permit

              a.  The  Commissioner will not  issue a permit to construct unless
                 he determines  that:

                 1.   the operation of the indirect source of air contamination
                      or  any associated parking area will not cause a violation
                      of  any appliable ambient air quality standard adopted
                      pursuant to the Act and in effect at the time of the
                      issuance of the permit or, where a violation of such
                      standard exists, will  neither increase the ambient con-
                      centration of the applicable pollutant nor interfere
                      with attainment or maintenance of such standard.

                 2.   the operation of the indirect source of air contamination
                      or  any associated parking area will not result in any
                      violation  of applicable portions of any control strategy
                      of  an  appliable air quality implementation plan approved
                      or  promulgated  under the Act and in effect at the time
                      of  the issuance of the permit; and

                 3.   the operation of the source will not result in a viola-
                      tion of  any of  the provisions of this chapter. '

              b.  For  purposes of this section, the appliable ambient air
                 quality standards for:

                 1.   construction of highway sections which will produce an
                      annual average  of daily traffic volume of 50,000.or
                      more vehicles within ten years after completion of
                    .  construction;
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                  2.   modification of a highway section which will  increase
                      the annual  average of daily traffic  volume by 25,000
                  .:'   vehicles or more within ten years after completion  of
                 .  .   modification; and                         ;

                  3.   airports

                  shall  mean the  standards  for carbon  monoxide,  photochemical
                  oxidants and nitrogen dioxide adopted pursuant.to the Act.
                  For all other indirect sources, the  applicable ambient  air
                  quality standard shall mean the standard for carbon  monoxide
                  adopted pursuant to the Act.   Determinations of whether a
                  violation of such standards will be  caused or  whether,  in
                  the case of an  existing violation, ambient concentrations
                  will be increased will be based on anticipated ambient  con-
                  centrations as  of the time of completion of the proposed con-
                  struction or modification or any phase thereof and during
                  a reasonable time thereafter.   In the case of  highway sections
                  and airports such time shall  be a ten year period following
                  such completion.

              c.   The Commissioner will make the determination pursuant to
                  paragraph (a)(l)  of this  section for carbon monoxide by
                  evaluating the  anticipated ambient concentrations of car-
                  bon monoxide at receptor  or exposure sites where  people
                  might  reasonably be expected to be exposed and which will
                  be  affected by  the vehicular movements expected to be attract-
                  ed  by  the indirect source; such determination  shall  be  based
                  upon traffic flow characteristic guidelines, appropriate
                  atmospheric diffusion models,  any other  reliable  analytic
                  method or any combination thereof.

              d.   The Commissioner will make the determination pursuant to
                 •paragraph (a)(l)  of this  section for photochemical oxidants
                 •and nitrogen dioxide by evaluating the anticipated ambient
                  concentrations  of such pollutants at one or more  locations
                  determined by him to be representative of the  points of
                  greatest exposure within  the affected area.

(2.0)     Section  203.10   Approval  Subject to Conditions

              a.   Whenever an indirect source as proposed  by an  applicant
                  would  not be permitted to be  constructed or modified because
                  of  failure to meet the standards set forth in  Section 203.9,
                  the Commissioner  may approve  the application, subject to such
                  conditions as will  permit such source, if constructed or
                  modified in accordance with such conditions, to meet the
                  standards  set forth  in Section 203.9.
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              b.   Notwithstanding  the  provisions  related to modified indirect
                  sources  contained  in Section  203.3, the Commissioner may
               .   condition  any  approval  by  specifying  the extent to which
                  and  the  period within which the indirect source, when com-
                  pleted,  may  not  be further modified without approval of
                  such modification  under this  Part.

              c.   The  Commissioner may at the time of issuance of the permit
                  attach such  other  conditions, including monitoring require-
                  ments, as  will assure compliance with the permit or the pro-.
                  visions  of this  Part; provided, however, that no condition
                  shall be imposed which  would  require  partial or complete
                  curtailment  of operation of the indirect source based on
                  unanticipated  changes of ambient concentrations of pollutants
                  for  which  the  -applicant cannot  be  responsible;  except that
                  nothing  herein shall relieve  the applicant from responsibility
                  to comply  with the provisions of any  present or future appli-
                  cable implementation plan.

(3.0)     Section  203.11  Expiration  of Permit

         Unless otherwise  specified  therein, a  permit to construct shall
         expire when no construction or modification has been commenced
         within a period of  two  years  after  the issuance of the permit or
         when no  substantial progress  is  made in  such construction or modi-
         fication for  a period of  two  years.  For the purpose of this sec-
         tion, interruptions resulting from  force majeure shall be disre-
         garded.  'The  Commissioner may extend any time  period upon a satis-
         factory  showing that  an extension is justified.

 (3.0)    Section  203.12 Modification  of  Permit

         The permit to construct or  any condition thereof may be amended at
         any time upon written application to the Commissioner and a show-
         ing that:modification thereof will  not result  in violation of the
         standards  contained in  Section 203.9.  The.Commissioner may require
         reapplication under Section 203.4 where  he  determines that there
         may be significant  public interest  in  such  modification.

 (3.0)    Section  203.13 Suspension  and Revocation of Permits

         The Commissioner  may  suspend  a permit  to construct at any time
         upon any of the following grounds:
        f •  '  '.
              a:.   Failure  to construct the indirect  source substantially in
                  accordance with  the  application as approved;
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(50.4)    PART 204  HYDROCARBON EMISSIONS FROM STORAGE AND LOADING FACILITIES
(51.16)
         New York City Metropolitan  Area

(2.0)     Section 204.1 -  Area  Applicable

         This Part shall  apply only  in  New  York  City  Metropolitan area, consis-
         ting of the  five counties within the  City  of New York as well as the
         counties of  Nassau, Westchester, Rockland  and Suffolk.

(4.0)     Section 204.2 -  Ambient  Air Quality Standards

         Notwithstanding  the provisions of  this  Part,  no person shall emit air
         contaminants in  quantities  which,  alone or in combination with
         emissions from other  sources,  would contravene any  established stand-
         ard for the  quality of the  ambient air, or would cause air  pollution.

(1.0)     Section 204.3 -  Definitions

              a.   Effluent Water  Separator

                  Any tank, box,  sump or container  in which  volatile organic
                  material  floating, entrained or contained  in water entering
                  such tank, box, sump  or container is physically separated and
                  removed from such  water prior  to  outfall,  drainage or re-.
        ...  .    covery  of such  water.

              b.   Submerged Fill  Pipe

                  Any fill  pipe the  discharge  opening of which is entirely sub-
                  merged  when  the liquid level is 6 inches above the bottom of
                  the tank; or when  applied to a tank which  is loaded from the
               .   side, shall  mean any  fill pipe the  discharge of which is en-
                  tirely  submerged when the liquid  level is  18 inches or is
                  twice the diameter of the fill pipe, whichever is  greater,
                  above the bottom of the tank.   Compliance  with Columns 8 and
                  9 of Table 6 of API standard 650, dated June 1970, also meets
                  the requirement of this section.

              c.   Volatile Organic Liquids

                  Any material  containing carbon and  hydrogen or containing car-
                  bon and hydrogen in combination with any other element or
                 ;elements  which  has a  vapor pressure of 1.5 pounds  per square
                 .inch absolute or greater  under actual storage conditions and
                  exists  as a  liquid under  conditions  of standard temperature
                  and pressure.
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              d.   Gasoline  Service  Station

                  A facility  for  retail  sale of  gasoline motor fuel.

(2.0)     Section  204.4 -  Prohibitions

              a.   Storage of  volatile  organic  liquids.,

                  No person shall place,  store,  or  hold in any stationary tank,
                  reservoir,  or other  container  of  more than 65,000 gallons
                  capacity  any  volatile  organic  liquid unless such tank,
                  reservoir,  or other  container  is  a  pressure tank capable of
                  maintaining working  pressures  sufficient at all times to pre-
                  vent vapor  or gas loss  to  the  outdoor atmosphere or  is de-
                  signed  and  equipped  with one of the following  vapor  loss
                  control devices:

                  1.  A floating  pontoon type  or double deck type roof or
                      internal  floating  cover, which  will rest on the  surface
                      of  the  liquid contents equipped with a closure seal or
                      seals to  close the space between the roof  edge and tank
                      wall.  This control equipment shall not be permitted if
                      the volatile  organic liquids  have a vapor  pressure of 11.0
                      pounds  per  square  inch absolute or greater under actual
                      storage conditions.  All tank gauging or sampling devices
                      shall be  gas-tight except  when  tank gauging or sampling
                      is  taking place.

                  2.  A vapor recovery system, consisting of a device  capable
                      of  collecting the  vapor  from  volatile organic liquids
                      and a means for  processing such volatile organic vapors
                      and gases so  as  to prevent their emission  to the out-
                      door  atmosphere.   All  tank gauging and sampling  devices
                      shall be  gas-tight except  when  gauging or  sampling is
                      taking  place.

                  3.  Other equipment  or means of equal efficiency for pur-
                      poses of  air  pollution control  as approved by the Com-
                      missioner.

              b.   Filling of  Stationary  Storage  Vessels

                  Except  in the case.of  existing underground storage vessels
                  at gasoline service  stations and  farms, no person shall place
                  store or  hold in  any stationary storage vessel of more than
                  275 gallon  capacity, any volatile organic liquid unless.such
                  vessel  is equipped or  constructed in accordance with one of
                .  the following:
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    1.  A permanent submerged fill pipe.

    2.  Pressure tank design as described in Section 204.4a.

    3.  A vapor recovery system as described in Section 204.4a.

    4.  Other equipment or means of equal efficiency for purposes
         of air pollution control acceptable to the Commissioner.

c.  Loading of Mobile Storage Vessels

    1.  No person shall load any volatile organic liquid into
        any tank truck, trailer or railroad tank car from any
        loading facility that transfers more than an average
        of 40,000 gallons per day over a three month period
        unless such loading facility is equipped with an approved
        vapor collection and disposal system properly installed,
        in good working order and in operation.  Such equipment
        shall consist of the following:

        (a)  A loading arm with a vapor collection adaptor.

        (b)  A device to force a vapor-tight seal between the
             adaptor and the hatch.

        (c)  A means of preventing the drainage of volatile
             organic liquid from the loading device when it is
             removed from the hatch of any tank truck, trailer
             or railroad tank car or to accomplish complete
             drainage before such removal.

        (d)  Fittings which make vapor-tight connections and
             which close automatically upon disconnection when
             loading is effected through means other than hatches.

        (e)  Other equipment or means of equal efficiency for pur-
             poses of air pollution control acceptable to the
             Commissioner.

    2.  No person shall load any volatile organic liquid into any
        tank truck, trailer or railraod tank car fom any loading
        facility that transfers less than an average of 40,000
        gallons per day over a three month period unless such
        loading facility is equipped with a submerged fill pipe
        or other means of equal efficiency for purposes of air
        pollution control acceptable to the Commissioner.

d.  The emergency venting of vessels covered by this Part shall
    not be considered a violation.
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            e,   Effluent Water Separators

                No person shall  use any compartment of any  effluent  water
                separator which  recovers 200 gallons a day  or more or any
                volatile organic liquid unless  such compartment  is
                equipped with one of the following vapor loss control  de-
                vices, properly  installed,  in good working  order and in
                operation.

                1.  A solid cover having all openings sealed and totally en-
                    closing the  liquid contents.   All gauging and sampling
                    devices shall be gas-tight  except when  gauging or sampl-
                    ing is taking place.

                2.  A pontoon type or double deck floating  roof> or  internal
                    floating cover, which  will  rest on the  surface of the
                    contents, equipped with a closure seal  or seals  to close
                    the space between the  roof  edge and container wall.  All
                    gauging and  sampling devices  shall be gas-tight  except
                    when gauging or sampling is taking place.

                3.  A vapor recovery system consisting of a vapor gathering
                    system capable of collecting  the organic vapors  and  gases
                    discharged and a vapor disposal system  capable of process-
                    ing such organic vapaors and  gases so as to  prevent
                    their emission to the  outdoor atmosphere. All gauging
                    and sampling devices shall  be gas-tight except when
                    gauging or sampling is  taking place.

                4.  Other equipment of equal efficiency for purposes of  air
                    pollution control as approved by the Commissioner.

            f.   Pumps and Compressors

                All pumps and compressors  handling volatile organic  liquids
                shall have mechanical seals or  other equipment of equal
                efficiency for purposes of air  pollution control as  approved
               • by the Commissioner.

(50.4)  PART 205 PHOTOCHEMICALLY  REACTIVE SOLVENTS & ORGANIC SOLVENTS FROM
(50.7).          CERTAIN PROCESSES

(2.0)  Section  205.1  Applicable geographical area.  This Part shall apply
       only to  New York City Metropolitan  Area, consisting  of the five counties
       within the City of New York, as well as  the counties of Nassau,
       Westchester, Rockland and Suffolk.
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(1.0)     Section 205.2  -  Definitions
                  The terms,  in  addition  to  those  defined  in  Part  200 of this
                  Subchapter,  hereinafter defined  for  the  purposes of this
                  Part shall  mean:

                  1.   Afterburner

                      A catalytic and/or  thermal combustion device used to
                      control  air contaminant  emissions.
                                                                        i
                  2.   Architectural  Coating

                      A surface  coating applied  to residential,  industrial,
                      public,  or commercial  buildings  and  their  appurtenances.

                  3.   Effluent Water Separator

                      Any tank,  box, sump or container in  which  volatile
                      organic material floating, entrained or contained in
                      water entering such tank,  box, sump  or  container is
                  ;•:    physically separated and removed from such water prior
                      to outfall, drainage or  recovery of  such water.

                  4.   Emission Point

                      Any conduit,  chimney,  duct,  vent,  flue,  stack  or open-
                      ing of any kind through  which air contaminants are
                      emitted to the outdoor atmosphere.

                  5.   Heat Cure

                      A process  in  which  heat  is used  and  which  results in
                      tempering, strengthening,  or other chemical  change in
                      processed  or emitted materials.

                  6.   Heat Drying

                      A process  whereby heat is  used to evaporate  volatile
                      solvent which does  not undergo a chemical  change.

                  7,   Mon-Photochemically Reactive Solvents

                      All solvents  other  than  those defined in paragraph (11)
                      of this  Subdivision.
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 8.   Opacity
                                             i
     The degree to which  emissions  other  than  condensed water
     reduce the transmission of light and obscure  the  view  of
     an object in the background.

 9.   Organic  Materials

     Any chemical compounds  of carbon excluding  carbon monox-
     ide, .carbon dioxide, carbonic  acid,  metallic  carbides,
     metallic carbonates, and ammonium carbonate.

10.   Organic  Solvents

     Organic  materials which are liquids  at a  temperature of
     70°F.  and a pressure of 29.92  inches of mercury absolute
     which  include diluents  and thinners  and which are used
     as but are not limited  to dissolvers, viscosity reducers,
     .or cleaning agents.

11.   Photo-Chemically Reactive Solvents

     (a)  Any solvent containing more than 20  percent  by  volume
        •  of  the chemical compounds described  below or which
          contain such compounds below in amounts  which exceed
       ,.  the allowable limits of such compounds described  be-
          low as specified for each category.

          Category #1  A combination of hydrocarbons,  alcohols,
               aldehydes, esters, ethers  or ketones having  an
               olefinic or cyclo-olefinic type of unsaturation:
               .allowable limit 5 percent.

       ,   Category #2  A combination of aromatic hydrocarbon
               with eight or more carbon  atoms to the  mole-
               cule except ethylbenzene:   allowable limit
               8 percent

          Category #3  A combination of ethylbenzene ketones,
               having branched hydrocarbon structures  or
               toluene:  allowable limit  20 percent.
      . i.
     (b)  If any organic solvent or any constituent of an
          organic solvent may, from its chemical structure,
          be  classified into more than one of  the above groups
         :of  organic compounds, it shall  be classified in
          that category having the lowest allowable volume
          percentage specified.
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                 12.   Polymerization

                      A  chemical  conversion whereby simple molecules  (mono-
                      mers)  react under  any condition to form polymers.

                 13.   Water  Based Paint

                      A  coating,  the volatile content of which is at  least
                      80 percent  water and which  contains no photochemically
                      reactive  solvents.

(50.4)    Section  205.3 - Emission of Organic Materials From Certain Emission
                      Sources

              a.   Except as  provided in  Subdivision (c) of this Section, no per-
                  son  shall  cause or allow emissions of organic materials
                  through an emission point from  any emission source  in which
                  any  organic solvent, or any material containing an  organic
                  solvent, comes  into contact with flame, is baked, heat cured
                  or heat polymerized in the presence of oxygen, which are in
                  excess of  15  pounds in any 24 consecutive hours, or 3
                  pounds in  any one hour except that these limitations shall
                  not  apply  to  any person utilizing control equipment which
                  reduces such  emissions of organic material to not more than
                  15%  of the amount that would have been otherwise emitted in
                  the  absence of  such control equipment.

              b.   Except as  provided in  Subdivision (c) of this Section, no
                  person shall  cause or  allow emissions of organic materials
                  through an emission point from  any emission source  not
                 -described  in  Subdivision  (a) of this Section in which any
                  photochemically reactive solvent or any material containing
                  such solvent  is used,  which are in excess of 40 pounds in
                  any  24 consecutive hours, or 8  pounds in any one hour except
                  that these limitations shall not apply to any person utiliz-
                  ing  control equipment  which reduces such emissions  of organic
                  material to not more than 15% of the amount that would have
                 -been otherwise  emitted in the absence of such control
                  equipment.

              c.  Subdivisions (a) and (b) of this Section shall not be effective
                  until  January 31, 1974, with respect to any person  who owns
                  or operates an  emission source  which was in existence and
                  operating  prior to August 11, 1972.

              d.   Where  organic materials from a  single emission source are
                  emitted through more than one emission point, the sum of
                  the  emissions from all such emission points shall not exceed
                  the  quantity  that would be permitted if said emissions were
                  emitted through a single emission point.
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(50.1.2)  Section 205.4   Opacity  of  Emission  Limited

         No person  shall  cause or allow  emissions  to  the  outdoor  atmosphere
         having ah  opacity  of 10 percent or  greater from  any  emission source
         described  in Subdivision (a)  of Section 205.3  of this  Part.

(2.0)    Section 205.5   Use of Afterburners  For Control of Emissions

         No person  shall  utilize an afterburner to control  emissions of  organic
         material as  required by Section 205.3  of  this  Part,  unless 90 per-
         cent or more of the carbon content  of  such organic material is
         oxidized to  carbon dioxide.

(51.21)  Section 205.6   Sale or  Purchase of  Certain Architectural  Coatings
         Prohibited

         After January  31,  1974, no person shall sell,  offer  for  sale or pur-
         chase any  architectural coating containing a photochemically reactive
         solvent, except architectural coatings contained in  aerosol spray
         cans.

(51.21)  Section 205.7   Application or disposal of certain materials restricted

              a. After January  31, 1975, no person shall:

                  1.  Apply any  architectural coating containing  a photo-
                     chemically reactive solvent, except architectural  coat-
                     ings  contained in  aerosol spray cans, or

                  2.  Dispose of any photochemically  reactive solvent or any
                     material containing a  photochemically reactive solvent,
                     except architectural coatings contained in  aerosol spray
                     cans, by any  means which  will permit the  evaporation  of
          -  .-•      such  solvent  into  the  outdoor atmosphere.

(51.21)  Section .205.8   Identification of Architectural Coatings  Required

         Each ..container of  any architectural coating  sold or  offered for sale
         in the New York City Metropolitan Area after January 31, 1974,  shall
         be marked  with a code identifying the  product in the container, and
         any manufacturer of any architectural  coating sold or  offered for
         sale in the  New York City  Metropolitan Area  after January 31, 1974
         shall, maintain records  which  list the  solvent composition of the
         product represented by  the code and shall make such  records available
         to the Commissioner upon his  request.
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(2.0)     Section  205.9   Exemptions

              a.   This  Part  shall not  apply  to:
                  1.   The manufacture,  transport  or  storage of organic solvents
                      or materials  containing  organic  solvents.

                  2.   The use  of effluent water separators.

                  3.   The spraying  or other  employment of  insecticides,
                      pesticides, or herbicides.

                  4.   The use  of saturated halogenated hydrocarbons, per-
                      chlorethylene or  trichloroethlene.

                  5.   The use  or sale of water based paint.

                  6.   The use  of coatings, the volatile  content of which does
                      not exceed 20 percent  by weight  and  which contain only
                      non-photochemically reactive solvents.

                  7.   The application and heat drying  of printing ink which
                      contains  less than 30  percent  organic solvent by weight.
                                            -30-

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(8.0)     PART  207  CONTROL MEASURES FOR AN AIR POLLUTION EPISODE

(1.0)     Section 207.1   Definitions

              a.   Significant  Air  Contamination Source

                  Any  air contamination  source the emissions of which alone or
                  in combination with  others  can  be expected to have an ad-
                  verse effect on  ambient  air quality during an air pollu-
                  tion episode.  This  category includes, but is not limited to:
                  air  contamination  sources with  emissions  in excess of 100
                  tons per year; fossil  fuel  burning equipment rated at more
                  than 200 million BTU per hour input;  processes exhaust or
                  ventilating  systems  with particulate  emissions in excess of
                  100  Ibs/hr;  process, exhaust or ventilating systems which
                  emit sulfur  dioxide  at a rate exceeding 10 Ibs/hr; Incinera-
                  tors with  particulate  emissions in excess of 50  Ibs/hr.

(8.0)     Section 207.2  Episode Action Plan

              a.   Any  person who owns  a  significant air contamination source
                  shall submit a proposed  episode action plan to the Commissioner
                  within 90  days of  his  request therefor.   The plan shall con-
                  tain detailed steps  which will  be taken by the air contamina-
                  tion source  owner  to reduce air contaminant emissions dur-
                  ing  each stage of  an air pollution episode.  The Commissioner
                  shall make available and furnish with his request therefor,
                  guidelines for preparation  of episode action plans.

              b.   Any  person may submit  a  proposed episode  action  plan to the
                  Commissioner whether or  not the air contamination source to
                  be covered by the  plan is a significant air contamination
                  source. Such plan,  if approved by the Commissioner, would
                  prescribe  the steps  to be taken by the source owner during
                  an air pollution episode any summary  order of the Commissioner
                  to the contrary  not  withstanding.

              c.   Any  person who owns  a  significant air contamination source
                  or voluntarily submits an episode action  plan in accordance
                  with Subdivision 207.2(b) shall submit to the Commissioner
                  within 90  days of  his  request therefor, a proposed modifica-
                  tion of his  episode  action  plan to accommodate advances in
                  technology or knowledge  of  contaminant effects.

              d.   The  Commissioner may issue  an episode action plan to any
                  person who fails to  submit  an acceptable  plan or plan modi-
                  fication within  the  required time when so requested.
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              e.   Upon  petition, within  60  days  of  approval or issue of an
                  episode  action plan, the  Commissioner shall grant a hearing
                  to  the significant  air contamination source owner at a time
                  and place  as  determined by  the Commissioner.

              f.   An  owner of a significant air  contamination source shall make
                  his episode action  plan available at a convenient location
                  on  his premises  for review  by  the Commissioner or his repre-
                  sentative,  at any time.

(8.0)     Section  207.3  Air  Pollution Episode

              a.   When  weather  conditions and/or concentration of an air con-
                  taminant or contaminants  are such that immediate action is
                  necessary  to  prevent further increases in air contamination
                  or  damage  to  life,  property or environmental quality, the
                  Commissioner  shall  designate by order that a Forecast, Alert
                  I,  Alert II or Emergency  stage of an air pollution episode
                  exists.  The  Commissioner shall have on file and make avail-
                  able  the criteria used in determining the need to designate
                  episodes.

              b.   The Commissioner may also designate by order that an episode
                  exists when a single accident, occurence or condition has
                  resulted or is likely  to  result in damage to life, property
                  or  environmental quality.

              c.   Once  designated  by  the Commissioner, an episode or any stage
                  of  an episode shall  remain  in  effect until terminated by the
            •   •   Commissioner.

              d.   Any person  who owns  an air  contamination source for which an
                  episode  action plan has been issued or approved shall take
                  whatever actions are prescribed by his episode action plan
                  when  an  air pollution  episode  is  in effect.
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(2.0)     PART 211  -  GENERAL  PROHIBITION

(2.0)  .   Section 211.1  Prohibition

         No person shall  permit  or  cause  any  air  contamination source to
         produce air pollution as this term is  defined  in article  12-A,
         section 1267 (4) of the Public Health  Law.

(3.0)     Section 211.2  Application

         To the extent  that  there is  a rule which applies to  the control of
         a specific  air contaminant or a  specific air contamination source,
         section 186.1  shall  not be applied and the  other rule shall take
         precedence  over and shall  be applied in  place  of the general prohi-
         bition.
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(50.1.1)   PART  212   CONTAMINANT EMISSIONS FROM PROCESSES,  AND EXHAUST AND
                •    VENTILATION SYSTEMS

(2.0)      Section 212.1   Applicability

          This  Part  shall  apply throughout  the  State of New York to contaminant
          emissions  from processes,  and exhaust and ventilation systems, except
          that  when  another  Part applies  to a specific air contaminant or a
          specific air contamination source, that  Part shall  take precedence and
          shall be applied in  place  of  this Part.

 (1.0)     Section 212.2  Definitions

               a.  Air Contamination Source or  Emissions Source

                  Any apparatus,  contrivance or machine capable of causing
                  emission  of any air  contaminant to the outdoor atmosphere
                  either directly or through an exhaust system, an air
               ..  cleaning  device or a stack.  When more than one apparatus,
                  .contrivance or machine is connected to a single exhaust system
                  air cleaning device  or stack, each such apparatus, contrivance
                  or machine  shall  be  considered  a separate  air contamination
             .  :   'source.

              , b.  Emission  Rate Potential

                  The rate  in weight per unit  time at which  air contaminants
                  .would be  emitted  to  the  outdoor atmosphere in the  absence of
                  air pollution control  facilities or other  control  measures.
                  The emission rate potential  for cyclic operations  shall be
                  determined  by considering the peak emission potential and
                  the total emission potential over the time period  of the
                  cycle.

               c.  Environmental Rating

                  A rating  indicated by  the letter A, B, C,  or D, which con-
                  siders  the  environmental effects of an air contamination
                  source on its surroundings.

               d.  Exhaust and/or ventilation system

                  Any system  which  removes air contaminants  from a process and
                  transports  them from their point of generation to  the out-
                  door atmosphere.
                                             -34-

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             e,-   Permissible emission  rate

                  The maximum rate at which air contaminants are allowed to
               '  .be emitted to  the outdoor atmosphere.

             f.   Process Weight

                ,  The total weight of all materials  introduced into a process
                  which  may cause air contaminant emissions to the outdoor
                  atmosphere.  Solid fuel used in the  process is considered
                  part of the process weight, but liquid and/or gaseous fuel
                  uncombined water and  combustion air  are not.

             g.   Process Weight Per Hour

                  The total process weight divided by  the number of hours in
                  one complete operation from the beginning of a cycle to
                  the completion thereof.  For continuous processes, process
                  weight should  be determined on a daily basis.

(2.0)     Section 212.3   Prohibitions

             a.  .No person shall cause, permit or allow the emission of air
                  contaminants from an  emission source resulting from an opera-
                  tion begun or  modified, after the  effective date of this
                  Part,  which exceeds the permissible  emission rates specified
                  in tables 2 and 3, for the environmental  rating  as deter-
                  mined  in accordance with table 1.

             b.   On January 1,  1971, or such later  date as established by  an
                  order  of the Commissioner, the permissible emission rates
                  specified in Subdivision  (a) shall become applicable to
                  emission sources in existence on or  prior to the effective
                  date of this Part.

             c.   The provisions of this section shall  not  be construed to
                  allow  or permit any person to emit air contaminants in
                  quantities which alone or in combination with other sources
                  would  contravene any  established air quality standards.

 (2.0)    Section 212.4   Abatement

             a.   The Commissioner may  require the person operating or main-
                  taining emission sources to provide  pertinent data concern-
                  ing, emissions  so as to show compliance with the requirements
                  of Section 187.3.
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        When required by the Commissioner, the person operating or
        maintaining emission sources in operation before the effective
        date of"this Part shall submit a detailed report including
        emission data, pertinent environmental factors and a pro-
        posed environmental rating so as to show conformity with this
        Part of proposed corrective measures and schedule for com-
        pliance.  If this report is acceptable, the Commissioner
        will so notify the person operating or maintaining the
        emission source.  If the report is not acceptable, the Com-
        missioner will notify the person operating or maintaining
        the emisson source as to the reasons together with an environ-
        mental rating that is acceptable and a time schedule for com-
        pliance.  Upon petition to the Commissioner within 30 days
        of such notice, the Commissioner shall grant a hearing to the
        petitioner.

        Persons beginning or modifying operations after.the effective
        date of this Part are required to submit to the Commissioner
        or his representative, either prior to* or concurrently with
        submission of plans and/or specifications, an appraisal of
        ,the items mentioned in table it in the form'of a  report includ-
        ing the'proposed rating to be used for design purposes.

        The Commissioner may seal any process equipment or prohibit
        any operation in accordance with a determination made under
        the provisions of Section 1282 of Article 12-A of the Public
        Health Law.  The seal may be removed form the equipment only
        upon receipt of written notice from the Commissioner.
  See Appendix 4.
*It is recommended that for Targe installations the report be sub-
mitted prior to submission of plans.   Following approval of the pre-
liminary report, final detailed plans and/or specifications will be
completed and submitted to the Commissioner or his representative
for approval.
                                   -36-

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Rating
                            APPENDIX  4

                              Table 1

                       Environmental  Rating
  A          Includes  processes,  and exhaust and ventilation  systems
             where the discharge  of a contaminant or contaminants
             results,  or would reasonably be expected to result, in
             serious adverse effects on receptors or the environment.
             These effects may be of a health,  economic  or aesthetic
             nature or any combination of these.

  B          Includes  processes,  and exhaust and ventilation  systems
             where the discharge  of a contaminant or contaminants
             results,  or would reasonably be expected to result, in
             only moderate and essentially localized effects; or
             where the multiplicity of sources  of the contaminant  or
             comtaminants in any  given area is  such as to require  an
             overall reduction of the atmospheric burden of that con-
             taminant or contaminants.

  C          Includes  processes,  and exhaust and ventilation  systems
             where the discharge  of a contaminant or contaminants
             would reasonably be  expected to result in localized
             adverse effects of an aesthetic or nuisance nature.

  D          Includes  processes,  and exhaust and ventilation  systems  .
             where, in view of properties and concentrations  of the
             emissions, isolated  conditions, stack height, and other
             factors,  it can be clearly demonstrated that discharge
             of the contaminant or contaminants will not result in
             measurable or observable effects on receptors, nor add
             to-an existing or predictable atmospheric burden of that
             .contaminant or contaminants which  would reasonably be
             expected to cause adverse effects.

  The following items  will be considered in making a determination of
             the environmental rating to be applied to a particular
             source:

  a)         properties, quantities and rates of the emission

  b)          physical  surroundings  of emission  source

  c)          population density of  surrounding  area,  including  antici-
             pated  future growth
                                  -37-

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d)         dispersion characteristics  at or near source

e)         location of emission source relative to ground  level  and
           surrounding buildings,  mountains,  hills,  etc.

f)         current or anticipated  ambient air quality  in vicinity
           of source

g)         latest findings relating to effects of ground-level con-
           centrations of the emission on receptors

h)         possible hazardous side effect of contaminant  in
           question mixing with contaminants  already in ambient  air

i)         engineering guides which are acceptable to  the  Commissioner
                                -38-

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                                                                             TABLE 2
                                                            Usual Degree of Air Cleaning Required (1)
                                                                               from
                                                         Processes, and Exhaust and Ventilation Systems
                                                                               for
                                           Gases and Liquid Participate Emissions (Environmental Rating A and D)
                                                                               and
                                                .  Solid Participate Emissions (Environmental Rating A and D)
                                                                 EMISSION RATE POTENTIAL (LB/HR)
 i
Co
Environmental
Rating
A
B
C
U
Less
than
1.0
See Note
(2)
1
to
10
10
to
20
20
to
100
100
to
500
500
to
1,000
1,000
to
1,500
99% OR GREATER
*
*
90-91%
70-75%
91-94%
75-85%
94-96%
85-90%
96-97%
90-93%
1,500
to
4,000
4,000
to
10,000
10,000
and
Greater

97-98%
93-95%
98-99%
95-98%
99% or Greater
98% or Greater
*
                                  * Degree of air cleaning may be specified by the Commissioner providing satisfactory
                                    dispersion Is achieved.
                               (1)   Where multiple emission sources are connected to a common air cleaning device,  the degree of
                                    air cleaning required will be that which would be required If each individual emission source were
                                    considered separately.
                               (2)   For an average Emission Rate Potential  less than 1.0 Ib/hr,  the desired air cleaning efficiency
                                    shall be determined by the expected concentration of the air contaminant In the emission  stream.
                                    Where It 1s uneconomical to employ air  cleaning devices, other methods of control  should  be
                                    considered.

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                              APPENDIX 4

                               TABLE 3

                         Allowable Emissions

                                 from

           Processes, and Exhaust and Ventilation Systems

                                 for

          Solid Participates (Environmental Rating B & C)
      Process Weight                  Maximum Weight Discharge***
         (Ib/hr)                               (Ib/hr)
             100                                  .50
             500                                 1.46
           1,000                                 2.30
           5,000                                 6.70
          10,000                                10.80
          25,000                                20.00
          50,000                                31.80
          75,000                                43.00
         100,000 **                             50.00
         250,000 **                             58.20
         500,000**                              64.30
         750,000**                              68.40
       1,000,000**                              71.10
       2,000,000**                              78.30
       5,000,000**                              88.10
  * In cases where process weight is not applicable (such as grinding and
    woodworking) the concentration of solid particulates in the effluent
    gas stream shall not exceed 0.3 lb/1000 Ib of undiluted exhaust gas
    at actual conditions.

 ** For process weights in excess of 100,000 Ib/hr, the permissible max-
    imum weight discharge may exceed tabular value if the concentration
    of particulate matter in the effluent gas stream is less than 0.1
    lb/1000 Ib of undiluted exhaust gas at actual conditions.

*** To determine intermediate values of maximum weight discharge:
    for process weights up to 100,000 Ib/hr use E=0.024P°-665
    for process weights in excess of 100,000 Ib/hr use E=39P°-082-50
    where E=maximum weight discharge in Ib/hr; P=process weight in Ib/hr
                                    -40-

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(51.4)    PART 213   CONTAMINANT EMISSIONS FROM FERROUS  JOBBING  FOUNDRIES

(2.0)     Section 213.1   Applicability

         This Part shall apply to all  ferrous jobbing  foundry  cupolas and ferrous
         jobbing foundry open  hearths  in operation  on  or  prior to  the effective
         date of this  Part and to subsequent  modifications  but not to production
         foundries or  any new  foundries.

(1.0)     Section 213.2  Definitions

              a.   Foundry Cupola

                  A stack-type furnace used for melting of  metals, consisting
                  of,  but not  limited  to, furnace proper, tuyeres, fans  Or
                  blowers, tapping spout, charging  equipment,  gas  cleaning  devices
                  and  other auxiliaries.

             ,b.   Foundry Open Hearth

                  A furnace in which the melting and refining  of metal is
                  accomplished by the  application of heat to a saucer type
                  or shallow hearth  in an enclosed  chamber.  Such  furnace con-
                  sists  of, but is not limited to,  the furnace proper, checkers,
               . '  flues  and stack and  may include a waste heat boiler, an
                  oxygen lance and other auxiliaries pertinent to  the process.

              c.   Jobbing Foundry

                  Any  foundry  where  operations .run  intermittently  for just  long
                  enough at one time to pour  the molds that are ready on the
                  foundry floor,  job by job.

              d.   Melt Time

                  The  time in  which  the metal is melting  and available at the
                  spout  or tap hole, excluding any  time the equipment is idle,
                  preheating or preparing for shut  down.

              e. .  Production Foundry

                  Any  foundry  where  operations will run .continuously to  pour a
                  succession of molds  that are constantly being prepared to
                  receive the  continuous  flow of iron, or any  foundry where the
                  process Weight  will  exceed  50,000 Ib/hr,  or  any  operation
                  where  melt times are in excess of four  hours per 24-hour  period.
                                            -41-

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(2.0)     Section 213.3  Prohibition
                  After January  1,  1971,  no  person  shall  cause,  permit or allow
                  the  emission of air  contaminants, which will exceed the limits
                  specified in table 1*,  from any ferrous jobbing foundry cupola
                  or ferrous jobbing foundry open hearth  in operation on or
                  prior to the effective  date of this  Part, this prohibition to
                  be applicable, also,  to modifications made after the effective
                  date of this Part, to such a cupola  or  open hearth.

                  The  Commissioner  may  modify the limits  specified in table 1*,
                  if in view of  the properties of the  emissions, isolated con-
                  ditions, stack height and  other factors, it can be clearly
                  demonstrated that discharge of the contaminant or contaminants
                  will not result in measurable or  observable effects on recep-
                  tors, nor add  to  an  existing or predictable atmospheric burden
                  of such contaminant  or  contaminants  so  that adverse effects
                  would reasonably  be  expected therefrom.

                  The  provisions of this  section shall not be construed to allow
                  or permit any  person  to emit air  contaminants  in quantities
                  which alone or in combination with other sources would con-
                  travene any established air quality  standards.  In such cases
                 .-the  Commissioner  may  specify the  degree of treatment required.
           See Appendix 5
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(51.2)    PART  214   BY-PRODUCT COKE OVEN BATTERIES

(6.0)     Section' 214.1   Compliance Schedules

              a.   After October  31,  1972,  no  person shall operate a by-product
                  coke  oven  battery  including auxiliary gas collecting and
                  heating  systems  unless the  owner or operator has submitted
                  an  environmental  analysis report and compliance schedule for
                  acceptance by  the  Commissioner.  Such reports shall include
                  emission data, pertinent environmental factors and a pro-
                  posed environmental  rating  to  show conformity with Part 212.
                  In  the event of  rejection,  the Department shall issue an
                  environmental  rating and a  compliance schedule for such source.

              b.   After May  31,  1974,  no person  shall operate a by-product coke
                  oven  battery including auxiliary gas collecting and heating
                  systems  unless it  is in  compliance with the schedule accepted
                  or  issued  by the Commissioner.

(2.0)     Section 214.2   Control  Equipment

         After December 31,  1974,  or such  later  date as determined by an order
         of the Commissioner, no person shall operate a by-product coke oven
         battery including auxiliary gas collecting and heating systems unless
         such  battery is equipped  with control equipment, such as but not
         limited to,  hood(s) and/or gas mover(s) capable of capturing, contain-
         ing and collecting  gaseous  and particulate emissions resulting from
         distillation,  charging  and pushing of coke from such by-product coke
         oven  battery.   Such control equipment shall contain, collect and/or
         treat the captured  and/or contained  contaminants prior to discharge
         to the outdoor atmosphere so as not  to  exceed the permissible emission
         rate  specified in Part  212.

(50.1.2)  Section 214.3   Smoke Emissions

         After December 31,  1974,  or such  later  date as determined by an order
         of the Commissioner, no person shall operate a by-product coke oven
         battery which  emits a smoke equal to Ringelmann #1 or 20% opacity.
         Such'person  who operates  a  by-product coke oven battery shall be allowed
         an emission  of smoke from the battery of greater than Ringelmann #1  or
         20% opacity  if such emission continues  for a period or periods aggrega-
         ting  no more than three minutes of any  consecutive 60 minute period.

(50.2)    Section-214.4   Sulfur Compound Emissions
       •  '  .    i
         After December 31,  1974,  no person shall operate any by-product coke
         oven  battery including  auxiliary  gas collecting and heating systems
                                            -43-

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        'in  such  a  manner as  to  emit,  burn  or  flare  process  gas  containing
        more  than  50  grains  of  sulfur compounds  (measured as hydrogen
        sulfide) per  100 standard  cubic  feet  of  gas.

(2.0)    Section  214.5  Corrective  Action

        If  the smoke  emission from an oven door  exceeds  the emission limit
        under Section 214.3, the oven door shall  be repaired or replaced and
        oven  cracks shall  be sealed prior  to  the next coking cycle which
        starts on  the next daylight turn.   Luted doors which leak smoke shall
        be  reluted immediately.
                                            -44-

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(51.13)  PART  215   OPEN  FIRES

(1.0)    Section 215.1   Definitions

             a.   Garbage

                 The  animal and  vegetable waste  resulting from the handling,
                 preparation,  cooking  and serving of food.

             b.   Open Fire

                 Any  outdoor  fire or outdoor smoke producing process from
                 which  air contaminants  are emitted Directly into the outdoor
                 atmosphere.

             c.   Refuse

                 All  waste material, including but not  limited to, garbage, .
                 rubbish, incinerator  residue, street sweepings, dead animals,
                 and  offal.   Refuse is classified in accordance with Table  1,
                 Appendix 2.

             d.   Refuse Disposal Area

                 Land used for depositing of refuse except  that it shall not
                 include  land used for depositing of refuse from a single
                 family,  a member of which  is the owner, occupant or lessee
                 of said  land, or any  part  of a  farm on which only animal or
                 vegetable wastes resulting from the operation of such farm
                 are  deposited.  This  definition includes,  but is not limited
                 to,  those areas commonly referred to as landfills, sanitary
                 landfills, and  dumps.

             e.   Rubbish

                 Solid  or liquid waste material, including  but not limited
                 to,  paper  and paper  products;  rags;  trees, or  leaves,  needles
                 and  branches  therefrom; vines;  lawn and garden debris; furni-
                 ture;  cans;  crockery; plastics; cartons; chemicals; paint;
                 grease;  sludges; oils and  other petroleum  products; wood; saw-
                . dust,  demolition materials; tires; and automobiles and other
                 vehicles and  parts, for junk, Selvage, or  disposal.  Rubbish
                 shall  not include garbage, incinerator residue, street sweep-
                 ings,  dead animals, or  offal.

 (2.0)   Section 215.2  Prohibitions.

        Except  as  permitted by Section 215.3, no person shall burn, cause,  -
        suffer,  allow,  or permit the burning in  an open fire:
                                           -45-

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             a.  of garbage;

             b. . of refuse at a refuse disposal area;

             c.  of rubbish for salvage;

             d.  for on-site disposal, of rubbish generated by residential
                 activities in any city or village; or in any town with a total
                 town population, including incorporated or unincorporated
                 areas, of greater than 20,000;

             e.  for on-site disposal, of rubbish generated by industrial or
                 commercial activities other than agricultural; <

             f.  of rubbish generated by land clearing or demolition for the
                 erection of any structure; for the construction or modifica-
                 tion of any highway, railroad, power or communication line,
                 or pipeline; or for the development or modification of a
                 .recreational area or park;

             g.  of refuse during an air pollution episode, in an area for
                 which such air pollution episode has been designated.

(51.13)   Section 215.3   Restricted Burning

         Burning in  an open  fire, provided  it is not  contrary to other  law,
         will be permitted  as  follows:

             a.  Burning of land clearing  and/or  demolition material  consisting
                 of wood,  trees, tree trimmings,  leaves, or brush,  generated by
                 land clearing or demolition for  the erection of any  structure:
                 for the construction or modification of any highway,  railroad,
                 pipeline,  or power  or communication line, or for the  develop-
                 ment or modification of a  recreational area or park;  provided
                 that such  burning is done  on-site or at an appropriate
                 designated burning  area and in accordance with a permit
                 issued by  the Commissioner after written  application.  An
                 application  for such permit shall include the  reasons why
                 such burning should be permitted and such other information
                 as may be  required  by the  Commissioner to insure that such
                 burning will be unlikely  to result  in contravention  of air
                 quality standards or to cause air pollution.   If the  Commissioner
                 approves  such application  he will issue a permit which shall
                 be for a  specified  period  and shall contain such conditions
                 as are deemed necessary to prevent  air pollution and  contra-
                . vention of air quality standards.   The permit may  be  revoked
                 by the Commissioner if there is: a  failure to comply with its
                 conditions;  a violation of law in connection with  the burning;
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    or the occurrence,  or likely  occurrence,  of  either  air  pol-
    lution or contravention of air quality  standards  as  a result
    of the burning.   Before revocation of a permit, the  permittee
    shall have the right to be heard;  but where  prompt  action  is
    necessary because of danger to the public health  or  safety or
    to prevent serious  air pollution,  the permit may  be  suspended
    pending a hearing.

b.   Burning at an appropriate designated burning area, serving a
    county, city, town, or village, of yard wastes consisting of
    trees, tree'trimmings, leaves, and brush; provided  that such
    burning is done in  accordance with a permit  issued  by the
    Commissioner after written application.  An  application for
    such permit shall include the reasons why such burning  should
    be permitted and such other information as may be required by
    the Commissioner to insure that such burning will  be unlikely
    to result in contravention of air quality standards  or  to
    cause air pollution.  If the  Commissioner approves  such appli-
    cation he will issue a permit which shall be for  a  specified
    period and shall contain such conditions  as  are deemed  neces-
    sary 'to prevent air pollution and contravention of  air  quality
    standards.  The permit may be revoked by  the Commissioner  if
    there is: a failure to comply with its  conditions;  a violation
    of law in connection with the burning;  or the occurrence,  or
    likely-occurrence of either air pollution or contravention of
    air quality standards.  Before revocation of a permit,  the
    permittee shall  have the right to be heard;  but where prompt
    action is necessary because of danger to the public  health or
    safety, or to prevent serious air pollution, the  permit may be
    suspended pending a hearing.

c.   'Burning, on-site, in areas of the State to be designated by
    the Commissioner, of paper, paper products,  cartons, tree
    trimmings, leaves,  or lawn and garden debris.

     1.  The Commissioner will consider whether  to designate such
         an area after petition by governing body of  a  county,
         city, village, or town within which  such area  would be
         located.  Such petition  shall include the geographical
         boundaries, population density, and meteorological
         characteristics of such  area; the  material to  be burned;
         proposed control methods; and reasons why burning  in  an
         open fire should be allowed in such  area.

     2.  Such designation, if made, shall be  by  rule  or  regulation
       .•'adopted in accordance with Section 15 of the Environmen-
         tal Conservation Law.  In designating such an  area, the
         Commissioner will set forth any conditions deemed
         appropriate.                                            .
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 3.   The Commissioner shall,  from time to time,  review air
     pollution safeguards in  each designated area to de-
     termine whether the designation should be rescinded.

Burning at an appropriate designated site of toxic,  explosive,
or dangerous materials; provided that such burning is done
only in accordance with a permit which will be issued by  the
Commissioner after written application if he determines that
there is no other safe or economical method of disposal.
Such permit will be for a specified period and shall contain
such conditions as are deemed necessary in the interest of
health or safety.  Such permit may be revoked if there is:
a failure to comply with its  conditions;  a violation of law
in connection with the burning, or an apparent serious threat
to health or safety as a result of the burning.   Before re-
vocation of a permit, the permittee shall have the right  to
be heard; but where prompt action is necessary because of
danger to the public health or safety, or to prevent seribus
air pollution, the permit may be suspended pending a hearing.
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(50.1.2)  PART  216   SMOKE

(1.0)     Section 2V6.1   Definitions

              a.   Combustion  Installation

                  A plant,  equipment,  or device  in which  fuel  is burned for
                  the purpose of generating  heat, steam or hot water.

              b.   Commissioner

                  The Commissioner of  Health of  the  State of New York.

              c.   Control  Equipment

                  A device or process  which  is used  to reduce  the emission
                  of smoke or gaseous  or particulate contaminants.

              d,.  Fuel

                   Solid,  liquid, or gaseous combustible  materials  used pri-
                  :'marily  either to kindle  or sustain fire or  to produce heat,
                   including  refuse to be consumed in refuse-burning  equipment.

              e.   Ringelmann  Chart

                  The chart published  and described  in the U.S. Bureau of Mines
                  Information Circular 7718, on  which are illustrated graduated
                  shades of gray for use in  estimating the light obscuring den-
                  sity of  smoke.

              f.   Smoke

                  Small gas-borne particles, consisting essentially of black
                  'carbonaceous material  from the burning  of  fuel, in  sufficient
                  number to be observable.

 (2.0)    Section 216.2  Prohibition

              a.   No person shall operate any combustion  installation which is
                  first put into operation  after February 1, 1967,  so as to
                  produce,  emit or permit the escape of smoke  regardless of
                  how produced or discharged, of a shade  of  gray density darker
                  than No.  1  on the Ringelmann Chart or equivalent  standard,
                  except as permitted  in Section 191.3.
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              b.   No  person  shall  operate  any  combustion  installation, which
                  was  in  operation on  or before  February  1,  1967,  so  as  to  pro-
                  duce, 'emit or permit the escape  of  smoke,  regardless of how
                  produced or discharged,  of a shade  of gray  density  darker
                  than No. 2 of the Ringelmann Chart  or equivalent standard
                .  except  as. permitted  in Section 191.3.
(2.0)     Section 216.3  Exceptions
              b.
              c.
         When building a new fire, tube blowing,  or when a breakdown
         of equipment occurs which makes it evident that the emission
         was not reasonably preventable, smoke which is  not greater
         than No.  3 of the Ringelmann Chart or equivalent standard
         may be emitted for a period or periods not exceeding three
         minutes in any 30-minute period.

         Special equipment to prevent frost damage may be used in
         agricultural operations with the concurrence and approval of
        •the full-time health officer.

         Smoke may be emitted for purposes of training or research
         when approved by the Commissioner.
(2.0)
Section 216.4  Abatement

     a.  The Commissioner may require the installation of smoke .
         recording devices on any combustion installation where the
         density of smoke emission has repeatedly exceeded the per-
     :    missible smoke density limits set forth in Section 191.2.

     b.  The Commissioner may require the installation of control
         equipment or devices to control  any equipment which causes
         a violation of Section 191.2.

     c.  The Commissioner may order a change in the manner of operation
         of any fuel-burning equipment or other combustion installation
         which is operated so as to cause a violation of Section 191.2.

     d.  The Commissioner may order the cleaning, repair, replace-
         ment or alteration of any fuel-burning equipment, combustion
        -installation or control equipment which causes or is operated
         so as to cause a violation of Section 191.2.

     e.  The Commissioner may seal any equipment which does not conform
         to the requirements of Section 191.2.   The seal  mav be re-
         moved from equipment only upon receipt of written notice  from
         the Commissioner stating that the equipment has  been corrected
         to his satisfaction and that it  may be restored  to use or
         operation.
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(12.0)    PART 217  'EMISSIONS FROM MOTOR VEHICLES PROPELLED BY  GASOLINE  ENGINES

(1.0)     Section  217.1   Definitions

              a.   After-market replacement  (when  used  in  connection with motor
                  vehicle emission control  devices  or systems).  A motor vehicle
                  emission control device  or  system other  than a direct replace-
                  ment,  installed as  a  substitute for the  motor vehicle emission
                  control device or  system originally installed at the  factory.

              b.   Crankcase

                  The three-dimensional  space within  a motor vehicle  engine which
                  is  connected to the oil  sump by internal  passages through
                  which  gases can flow.

              c.   Crankcase Emissions

                  Air contaminants emitted or which may  be emitted to the  outer
                  air through any opening  in  the engine  crankcase.

             'd.   Direct Replacement (when used  in  connection  with motor vehicle
                  emission control devices or systems).

                  A motor vehicle emission control  device  or system of  the same
                  design and resulting  in  at  least  as great reduction in air
                 •contaminant emissions as original equipment, and which is in-
                  stalled as a replacement for the  motor vehicle emission  con-
                  trol  device or system originally  installed at the factory.

              e.   Exhaust Emissions

                  Air contaminants emitted or which may  be emitted to the  outer
                  air from any opening  downstream from .the exhaust ports of a
                  motor  vehicle engine.

              f. .Gasoline Motor Vehicle

                  A motor vehicle propelled by. a gasoline  spark ignition engine,
                  except motorcycles, motor vehicles  propelled by a two cycle
                  spark  ignition engine designated  to burn a mixture  of gasoline
                  with  oil, and special  purpose  commercial  motor vehicles  re-
                  gistered under Schedule.  F of Subdivision 7 of Section 401 of
                  'the Vehicle and Traffic  Law.
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           ,  g.   Gasoline Motor Vehicle  Exhaust  Analysis  System

                 A device for measuring  the  amount  of  air contaminants  in  the
                 exhaust emissions  from  a  gasoline  motor  vehicle.  The  device
                 shall  be'a  design  and model  approved  by  the Commissioner  of
                 Environmental  Conservation.

             h.   Light  Duty  Motor Vehicle

                 A motor vehicle rated at  6,000  pounds  gross vehicle weight or
                 less.

             i.   Motor  Vehicle

                 A vehicle which can  travel  on land and which is propelled by
                 means  other than human  or animal muscular power, except such
                 vehicles which run only on  tracks  or  rails.

             j.   Motor  Vehicle Emission  Control  Device  or System

                 Equipment designed for  installation of a motor vehicle for
                 the purpose of reducing air contaminant  emissions, or  a system
                 or engine modification  on a motor  vehicle which causes a  re-
                 duction in  air contaminant  emissions  from the vehicle.

             k.   Motor  Vehicle Model  Year

                 The production year  of  a  new motor vehicle designated  by  the
                 calendar year in which  such period ends.  If the motor vehicle
                 manufacturer does  not designate a  production period, the  motor
                 vehicle model  year shall  mean the  calendar year during which
                 the motor vehicle  was produced.

(12.0)   Section  217.2  Crankcase Emissions

             a.   No person shall operate a gasoline motor vehicle registered
                 in this state, or  shall re-register a  gasoline motor vehicle
                 in this state, manufactured or  assembled after June 30, 1963,
                 and known as a 1964, 1965,  1966, or 1967 model unless  the
                 engine of that gasoline motor vehicle  is equipped with a
                 motor  vehicle  emission  control  device  or system which  will
                 return at least 80%  of  weighted 7th decile crankcase emissions
                . to the induction system.

             b.   No person shall  operate a gasoline motor vehicle registered
                 in this state, or  shall re-register a  gasoline motor vehicle
                 in the state,  manufactured  or assembled  after June 30, 1967,
                 and known as a 1968  or  subsequent  model  unless the engine of
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                 that  gasoline motor  vehicle  is equipped with a motor vehicle
                 emission  control  device or system which will return all the
                 crankcase emissions  to the induction system as originally
                 required  for certification by federal regulations.

             c.   No  person shall  replace a motor vehicle emission control de-
                 vice  or system  for control of crankcase emissions on a gaso-
                 line  motor vehicle registered in this state with an aftermarket
                 replacement unless the aftermarket replacement has been
                 approved  by the Commissioner.

             d.   No  person shall  sell  or offer for sale an aftermarket  re-
                 placement motor vehicle emission control device or system for
                 control of crankcase emissions unless the aftermarket  replace-
                 ment  has  been approved by the Commissioner.

             e.   A manufacturer  or vendor of  a motor vehicle emission control
                 device or system for control of crankcase emissions who seeks
                 approval  for aftermarket replacement sales shall submit to
              .   the Commissioner a report demonstrating compliance with the
                 requirements for controlling crankcase emissions.  Where appli-
                 cable, previous criteria and test methods for approval of such
                 motor vehicle emission control devices or systems for  after-
                 market replacement,  in effect since September 13, 1963, shall
                 continue  in effect with these requirements.  If the Commissioner
                 finds the report acceptable, he shall issue a certificate of
                 approval.

(12.0)   Section  217.3   Exhaust Emissions

             a.   No  person shall operate a gasoline motor vehicle registered
                 in  this state,  or shall re-register a gasoline motor vehicle
                 in  this state,  manufactured  or assembled after June 30, 1967,
                 and known as a  1968  or subsequent model unless the engine of
                 that  gasoline motor  vehicle  is equipped with a motor vehicle
                 emission  control  device or system limiting exhaust emissions
                 as  originally required for certification by federal regula-
                 tions or  with an equivalent  aftermarket device or system
                 approved  by the Commissioner.

             b.   No  person shall sell  or offer for sale an aftermarket  re-
                 placement motor vehicle emission control device or system for
                 control of exhaust emissions unless the aftermarket replace-
                ' ment  has  been approved by the Commissioner.

             c.   A manufacturer  or vendor of  a motor vehicle emission control
                 device or system for control of exhaust emissions who  seeks
                 approval  for aftermarket replacement sales shall submit to the
                                            -53-

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        Commissioner a report demonstrating compliance with the
        federal exhaust emissions standards for the particular
        model year and gasoline motor vehicle enqine-transmission-
        carburetor (injector) combination for which such motor
        vehicle emission control device or system is intended.   The
        report shall include results of tests using the appropriate
        federal exhaust emission testing procedure by a laboratory
        acceptable to the Commissioner.  The Commissioner may,  however,
        request additional test data.  If the Commissioner finds the
        report acceptable, he shall issue a certificate of approval.

        No person who owns, operates or leases a light duty gasoline
        motor vehicle shall operate said vehicle or allow or permit
        it to be operated in such a manner that it emits carbon
        monoxide (CO) or hydrocarbons (HC) in the exhaust emissions
        in excess of the emission standards set forth in Table 1,
        when subjected to the test procedure prescribed in Subpara-
        graphs (1) and (2).

         1.  With motor vehicle in neutral gear, all accessories off,
             hand :brake secured, and engine running at idle, insert
             sampling probe of gasoline motor vehicle exhaust
             analysis system into the motor vehicle exhaust outlet.

         2. • The steady state levels measured as percent carbon monoxide
             and parts per million hydrocarbons (as hexane) in the
             exhaust emissions shall be the test results.

                              TABLE 1
                    Exhaust Emission Standards
Motor Vehicle
 Model Year
1967 and earlier

1968 and 1969


1970 and later  :
Exhaust Emission
  Control  Type*
 Effective
Immediately
            Effective
         January 1.  1974
                                       C0(%)  HC(PPM)   C0(%)  HC(PPM)
       A.I.
       E.M.

       A.I.
       E.M.
7.5

5.0
6.0

4.0
5.0
1200

 600
 700

 450
 700
                                       6.5    1000
4.0
5.0

3.0
4.0
500
600
350
450
*A.I.  indicates 'air injection type emission control  systems.

 E.M.  indicates engine modification type emission control  systems.
                                   -54-

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(2.0)     Section 217.4   Exemptions

              a.   Any person  engaged  in  research or development of new or improved
                  motor vehicle  emission  control devices or systems may remove
                  or alter a  state  or federally approved device or system on a
                  gasoline motor vehicle  upon  receiving a waiver from the Com-
                  missioner.   The Commissioner shall grant the waiver if the
                  applicant clearly demonstrates that  the proposed device or
                  system is based upon sound scientific principles and shows
                  promise for reducing gasoline motor  vehicle emissions.

(50.1.2)  Section 217.5   Visible  Emissions

         No .person shall  operate a  gasoline motor  vehicle on a public highway
         in such a manner that visible emissions of a  shade of blue, black or
         blue-black are produced for  a continuous  period of more than five
         seconds when the vehicle is  in motion.

(12.0)    Section 217.6   General  Standards

         In addition to all other requirements imposed by these standards, any
         system or device installed on or incorporated in a motor vehicle or
         motor vehicle  engine to prevent  or control air pollution therefrom
         shall  not in its operation or function:

              a.   Cause the emission  into the  ambient  air of any noxious or toxic
                  matter that is not  emitted in the operation of such motor
                  vehicle or  motor  vehicle engine  without such system or device,
                  except as specifically  permitted by  these rules.

              b.   Result in any  unsafe condition endangering persons or pro-
                  perty including the motor vehicle and its occupants.
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(12.0)   PART 218  SMOKE EMISSIONS FROM DIESEL ENGINES
(50.1.2)
(2.0)     Section 218.1   Applicability

         This Part shall  apply to all  diesel  engines,  excluding  marine  diesels.

(2.0)     Section 218.2   Prohibitions

              a.   No diesel  engine operated  in this  State  shall  emit, for  a
                  period of  more than  five seconds,  smoke  which  will  reduce
                  transmission of light by more than 20  percent, as determined
                  by a  procedure acceptable  to the Commissioner.

              b.   No diesel  engine which provides motive power in a bus  or truck
                  shall  be allowed to  idle more than three consecutive  minutes
                  when  the bus or truck is not in motion,  except as permitted
                  by Section 193.3.

(2.0)     Section, 218.3   Exceptions

              a.   When  a vehicle is forced to remain motionless  because of
          •   ' '    traffic conditions over which the  operator  has no control,
                  the prohibitions of  Subdivision  (b)  of Section 193.2  shall
                  not apply.

              b.   When  regulations adopted by Federal, State  or  local agencies
                  having jurisdiction  require the maintenance of a specific  tem-
                  perature for passenger comfort, the idling  limit specified in
                  Subdivision (b) of Section  193.2 may be  increased,  but only
                  to the extent necessary to  comply  with such regulations.
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(51.9)    PART  219  *  INCINERATORS

(2.0)     Section 219.1  Title

         These rules  shall  be  known as the New York State Rules to Prevent Air
         Pollution from Incinerators.

(2.0)     Section 219.2  Applicable Geographical Area

         This  Part shall  apply to the entire  State of New York.

Clt0)    Section 219.3  Definitions

              a.   Incinerator.

                  Any structure or furnace in which combustion takes place and
                  type  0, 1, 2, 3, or 4  refuse is used as fuel, alone or in
                  conjunction  with fossil fuel.

              b.   Refuse

                  All waste material, including but not  limited to, garbage,
                  rubbish,  incinerator residue, street cleanings, dead animals,
                  and offal.   Refuse is  classified in accordance with Table 1,
                . Appendix  2.

              c.   Smoke

                  An air  contaminant consisting of small gas-borne particles
                  emitted by an air contamination source in sufficient number
                  to be observable.

(51.9)    Section 219.4   Emission Limits

              a.   AIT incinerators having a capacity of  2,000  Ib/hr or less and
                  built and installed after January 1, 1968, shall be designed,
                  built,  installed and operated to meet  the emission limits of
                •figure  1*.

              b.   No incinerator larger  than  2,000 Ib/hr capacity and built after
                  January 1, 1970, shall be operated so  as to  produce particulate
                  emissions which exceed the  amount shown in figure 1*.
          *See Appendix  3
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              c.   No incinerator having  a  capacity  of  2,000  Ib/hr  or  less and
                  built or installed  between  April  1,  1962,  and January  1,  1968,
                  shall  be operated so as  to  produce particulate emissions  which
                  exceed 0.5 Ib/hr for every  100  Ib/hr of  refuse charged, unless
                  a final  order by the Commissioner provides  otherwise.

              d.   Any incinerator having a capacity of 2,000  Ib/hr or less  and
                  built or installed  prior to April 1, 1962,  shall  either meet
                  the requirements of 194.4(c) or shall  be equipped with ade-
                  quate control devices  or redesigned  and  rebuilt  so  as  to  meet
                  the requirements of 194.4(a) by January  1,  1969.

              e.   No incinerator larger  than  2,000  Ib/hr capacity  and built be-
                  tween April  1, 1962, and January  1,  1970,  shall  be  operated
                  so as to produce particulate emissions which exceed 0.5 Ib/hr
                  for every 100 Ib/hr of refuse charged, unless a  final  order
                  by the Commissioner provides otherwise.

              f.   Any incinerator larger than 2,000 Ib/hr  capacity and built
                  prior to April 1, 1962,  shall either meet  the requirements of
                  194.4(e) or shall be equipped with adequate control  devices
                  or redesigned and rebuilt so as to meet  the requirements  of
                  194.4(b) by January 1, 1970.
(50.1.2) Section 219.5  Smoke Emissions

              a.  No incinerator,  built  or installed  after  January  26,  1967,
                  regardless  of size,  shall  emit smoke  of an  opacity  denser
                  than 20 percent  or No.  1  of the Ringelmann  Chart  or equivalent,
                  under normal  operating conditions.

              b.  No incinerator built or installed prior to  January  26,  1967,
                  regardless  of size,  shall  be operated so  as to  emit smoke  of
                  an opacity  denser than 40 percent or  No.  2  of the Ringelmann
                  Chart or equivalent, under normal operating conditions.
                 j
(9.0)     Section 219.6  Tests

              a.  All  incinerators larger than 2,000  Ib/hr  capacity shall  be
                  tested using  isokinetic sampling techniques in  accordance
                  .with test procedures acceptable to  the Commissioner.

              b.  All  incinerators built or installed after January 1,  1968,
                  and having  a  capacity  of 2,000 Ib/hr  or less  shall  be tested
                  in accordance with special  test procedures  promulgated  by  the
                  commissioner. Units which are representative models  may be
                  tested instead of an actual  installation, in  accordance  with
                  special  test  procedures promulgated by the  commissioner.
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(2.0)     Section 219.7   Abatement
              a.   Where  the  Commissioner has  reason  to believe that an incin-
                  erator installation  is violating the emission standards of
                  Section 194.4,  he  may  have  tests conducted.  The owner shall
                  provide, at  his  expense,  sampling  holes and pertinent allied
                  facilities as  needed,  at  the  request of the Commissioner.

              b.   If such tests  indicate a  contravention of the emission limits,
                  the Commissioner may requrre  the installation of appropriate
                  control equipment  or he may seal the incinerator if such equip-
                  ment is not  installed  within  the time limit specified by the
                  Commissioner.

              c.   The Commissioner may order  the cleaning, repair, replacement
                  or alteration  of any equipment or  control equipment which
                  causes or  is operated  so  as to cause a violation of this Part.

              d.   The Commissioner may order  a  change in the manner of operation
                  of any incinerator which  is operated so as to cause a viola-
                  tion of this Part.
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(50.1
(51.3
PART 220-- PARTICULATE EMISSIONS FROM CEMENT AND LIGHTWEIGHT AGGREGATE
           INDUSTRY PYROPROCESSES
(2.0)    Section 220.1   Applicability
              b.
         This Part shall apply only to those pyroprocesses which were
         in operation at cement and lightweight aggregate manufactur-
         ing plants prior to the effective date of this  Part and which,
         in or prior to such date, had control  equipment enabling them
         to meet at least the emission standards prescribed in Table 1
         of Section 195.3.

         This Part shall not apply to those pyroprocesses which, on the
         effective date of this Part, meet the  emission  standards of
         Part 187.
              c.   The applicability  of this  Part  shall  terminate  on  January  1,
                  1981,  and this  Part  shall  not,  thereafter,  be of any  force and
                •  effect with  respect  to any pyroprocess.
(50.1.1)  Section 220.2

              a.   Process  Weight
                  The total  weight of all  materials  introduced  into  a  process
                  which  may  cause air contaminant emissions  to  the outdoor  at-
                  mosphere.   Solid fuel  used  in  a process  is  considered  part
                  of the process  weight,  but  liquid  and/or gaseous fuel,  uncom-
                  bined  water and combustion  air are not.

              b.   Process Weight  per Hour

                  The total  process weight divided by the  number  of  hours in
                  one complete operation  from the beginning  of  a  cycle to the
                  completion thereof.   For continuous processes,  process weight
                  should be  determined on a daily basis.

              c.   Pyroprocesses

               .   That part  of cement and lightweight aggregate manufacturing
                  related to the  preheating,  calcining, sintering, burning  and
                  cooling of clinker.   Such processes include a means  of
                  chemically changing the material processed  and  do  not  include
                  physical changes  such as  pearlite  or shale  expansion.
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(2.0)     Section  220.3   Prohibitions
              a.  .No person shall  cause,  permit,  or  allow  the  emission of
                  particulates  to  the outer air from any pyroprocess which
                  exceeds  the  limits  specified  in Table 1.

              b.   After January 1, 1971,  pyroprocesses covered by  this Part
                  shall meet the emission standards  of Part  187 in accordance
                  with a time  schedule as shall  be established by  the Commis-
                  sioner,  except that all pyroprocesses shall  meet the
                  emission standards  of Part 187  not later than January  1, 1981.

              c.   The provisions of this  section  shall not be  construed  to per-
                  mit the  emission of air contaminants in  quantities which
                  alone or in  combination with  other sources would contravene
                  the standards appliable under the  provisions of  Subchapter
                  C of Chapter IV  of Title 10 of  the Official  Compilation of
                  Codes, Rules  and Regulations  of the State  of New York.
                                        TABLE I

                  Particulate Emissions From Cement and Lightweight
                           Aggregate Industry Pyroprocesses

         Process WeightMaximum Emission  Weight
            (Ib/hr)                                               (Ib/hr)
50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
94
134
164
190
212
233
252
268
284
(9.0)    Section 220.4  Testing,  Sampling  and Records

              a.   When testing for the applicability of and  compliance  with  this
                  Part is  deemed  necessary by the  Commissioner,  and  the Com-
                  missioner requests  such  testing, the  owner or  operator must
                  permit the Commissioner  to have  such  testing done.  This testing
                  will be  at the  State's expense except as otherwise provided  in
                  Subdivision (b)  of  this  Section.
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b.  Sampling holes and pertinent allied facilities as  needed to
    conduct tests required in Subdivision (a) of this  Section
    shall be requested inwriting by the Commissioner and shall
    then be provided at the expense of the owner or operator
    at such points as the Commissioner may request.   If sampling
    holes, 1n addition to those used for testing dust  collection
    equipment upon initial installation, are required, the cost
    of providing such additional holes shall be at the State's
    expense. The owner or operator shall provide,  at his expense,
    a suitable power source and other suitable utilities neces-
    sary for the operation of sampling instruments.  The Com-
    missioner shall consult with the owner or operator with
    respect to the location of sampling holes.

c.  Operation and maintenance records acceptable to the Commis-
    sioner shall be kept on file for a period of at least two
    years by the owner or operator of collection equipment on
    pyroprecesses.  Such records shall be open to  inspection by
    the Commissioner and shall include the dates and periods of
    time during which such collection equipment is inoperative
    or malfunctioning.
                              -62-

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(51.3)   PART 221  -  ASBESTOS-CONTAINING  SURFACE  COATING  MATERIALS
(2.0)     Section 221.1   Applicability
         This Part shall apply  throughout  the  State  of New  York
(2.0)     Section 221.2   Prohibition
         No person shall engage in or  allow surface  coating by the spraying
         of asbestos or asbestos-containing materials.
                                            -63-

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(51.9)    PART 222 -  INCINERATORS -  NEW YORK CITY,  NASSAU AND WESTCHESTER COUNTIES

(2.0)    Section 222.1   Applicability

         This Part shall apply only to the City of New York  and  the  counties
         of Nassau and  Westchester.

(50.1)    Section 222.2   Participate Emissions

              a.   No person shall  construct,  install, use or cause  to  be
                   used any incinerator the particulate emissions  of which
                   exceed the permissible particulate  emission shown in Figure  1.

              b.   If two or more incinerators  are  connected  to a single stack
                   the  total refuse charged to all  incinerators  connected to
                   the  same stack shall be the refuse  charged for  the purpose
                   of determining tyie permissible  particulate emission.

              c.   If a single incinerator is connected to two or more stacks
                   the  refuse charged to a single  incinerator shall  be  the
                  . refuse charged for the purpose  of determining the permissible
                   particulate emission.

(50.1.2) Section 222.3   Smoke Emissions

         No person shall construct, install, use or cause to be  used any in-
         cinerator which emits smoke the shade or  appearance of  which is equal
         to or greater  than

              a.  Number 1 on the Ringelmann Chart, or equivalent  standard
                  acceptable to the Commissioner,  for  a period of  three (3)
                  or more minutes during any continuous sixty (60) minute
                  period, or

              b.  Number 2 on the Ringelmann Chart, or equivalent  standard
                  acceptable to the Commissioner,  for  any time period.

(50.6)    Section 222.4   Odorous Emissions

              a.  No person shall construct, install,  use or cause to be used
                  any continuous fed incinerator unless the  gas  temperature
                  at the furnace outlet is designed to be automatically main-
                  tained and is automatically  maintained at  not  less than
                  1400°F while the  incinerator is  in operation.

              b.  No person shall construct, install,  use or cause to.be used
                 •any batch fed incinerator unless  the gas temperature  at the
                                            -64-

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                  furnace outlet is  designed  to  be  automatically maintained
                  and is  automatically  maintained at  not  less  than  1400°F
                  during  ninety  percent of  the burning  period.

              c.   Incinerators with  a capacity of 2,000 Ibs/hr. or  less of
                  refuse  charged shall  be equipped  with a  sensing device in-
                  dicating the gas temperature at the furnace  outlet.   Incin-
                  erators with a capacity of  greater  than  2,000 Ibs/hr. of
                  refuse  charged shall  be equipped  with a  sensing device and
                  recorder to measure and record the  temperature at the fur-
                  nace outlet.   A person who  owns,  operates, or maintains an
                  incinerator with a capacity greater than 2,000 Ibs/hr. of
                  refuse  charged shall  retain recorder  chart temperature
                  records for a  period  of three  years and  shall make such
                  charts  available for  inspection by  the Commissioner  or his
                  representative during normal business hours.

              d.   Upon application,  the Commissioner  may modify the provisions
                  of this Section where the applicant can  show to the  satis-
                  fation  of the  Commissioner  that the odorous  emission from
                  his incinerator can be and  is  controlled with equivalent
                  effectiveness.

(51.9)   Section 222.5 Representative  Incinerator  Models

         In lieu of requiring a  person  who  owns  an  incinerator, having a capa-
         city of 2,000 Ibs/hr. or less  of refuse charged,  to conduct a stack
         test and submit  an acceptable  emission  test  report, the Commissioner
         may accept emission test reports,  submitted  by such person or his
         authorized agent, of representative  models which  are  geometrically
         similar and .which demonstrate  compliance with  all sections of this
         Part.   Testing of representative models shall  be  conducted in
         accordance with  procedures  established  by  the  Commissioner.

(4.0)     Section 222.6 Ambient  Air  Quality Standards

         Notwithstanding  the provisions of  this  Part, no  person shall  emit
         air contaminants in quantities which alone or  in  combination  with
         emissions from other air contamination  sources would  contravene any
         established ambient air quality standard and/or  cause air  pollution.
                                            -65-

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                                    FIGURE  1
                                        . i.
             PERMISSIBLE  PARTICULATE  EMISSIONS  '  -—

                           FROM

                       MCIHERATORS
Ul


EC.



g
to
Ul

_J

O
ht
C£

2
I   i
.LU...LLI;.!
 !•: i  ;!i I,!
        :rv:r-~
        ...p.-,..-.-,..
                                           -l-M-l-i-!
                             ,'j_i _i  i !  !i!
                             '••-. r'-iTyrn
                                            i .-I".
                                        ......r
                                                     —(.....,-.. i
                          RETUSE  CHARRED  (LD/HR)
                                          -66-

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(51.15)   PART 2.23 -  PETROLEUM  REFINERIES

(50.2)    Section 223:1   Sulfur Compound Emissions
                  After December 31,  1974,  no  person  shall  operate  any  exist-
                  ing emission  source of a  petroleum  refinery  so  as  to  emit,
                  burn or flare process  gas containing  more than  fifty  (50)
                  grains of sulfur compounds (measured  as  hydrogen  sulfide)
                  per hundred standard cubic feet  of  gas.

                  No person shall  operate any  new  emission source in a  petro-
                  leum refinery for which source an application for a Permit
                  to Construct  is  submitted to the Commissioner subsequent
                  to the effective date  of  this part, so as to emit, burn or
                  flare process gas containing more than fifty (50)  grains
                  of sulfur compounds (measured as hydrogen sulfide) per hun-
                  dred standard cubic feet  of  gas.
(2.0)     Section 223.2  Exceptions
              a.   Flaring of process  gas  where it  is  necessary  to  relieve
                  pressure systems  during an operational  upset.

              b. .  Start-up procedures whereby the  adjustment  of process  streams
                  necessitates  emergency  flaring to relieve pressure.

              c.   Upon written  application the Commissioner may exempt such
                  person from the provision of Section  223.1  when  it  is  de-
                  termined that the emissions thus permitted  will  not cause
                  a contravention of  established ambient  air  quality  standards
                  or cause air  pollution.
                                            -67-

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(51.6)    PART 225 -  FUEL COMPOSITION  AND  USE-NEW YORK METROPOLITAN AREA

(2.0)     Section 225.T   Prohibitions

              a.   No person shall  sell, offer  for  sale,  purchase or  use any
                  fuel  which contains sulfur in  a  quantity  exceeding the
                  following limitations:

                  1.  pil  with  0.75 percent sulfur by  weight or coal  with
                     0.60 pounds  of  sulfur per  million  BTU gross  heat con-
                     tent, where  such pil or  coal  is  for use  in any stationary
                     combustion installation  with  a  rated  total heat input  in
                     excess of 250 million BTU  per hour, for  which  installa-
                     tion an application for  a  permit to construct  was received
                     by the Department or an  application for  a certificate  of
                     environmental compatibility  and  public need  was received
                     by the Public Service Commission after March 15, 1973,
                     and which installation is  not located in New York City,
                     Nassau, Rockland or Westchester  County.  If  two or
                     more furnaces are connected  to  a common  air  cleaning
                     device and/or common stack,  the  total heat input for
                     such stationary combustion installation  shall  be the
                     sum of the total heat input  of  all furnaces  which are
                  .  : operated  simultaneously  and  connected to the common air
                     cleaning  device and/or common stack.

                  2.  gaseous fuel with 50 grains  of  sulfur compounds (expressed
                     .as hydrogen  sulfide) per 100  dry standard cubic feet of
                     gas.

                  3.  as otherwise specified in  Table  1.

              b.   No person who changes from the use  of  fuel oil or  gas to coal
                  in his air contamination source  shall  purchase for or use  in
                  such  source,  coal with  a sulfur  content  (in  pounds per mil-
                  lion  BTU) .which  is  in excess of  the  product  of 0.55 times
                  the maximum sulfur  content for oil  (in percent by  weight)
                  permitted by  this Part  for such  source.

(2.0)     Section 225.2   Special Limitations Contingent Upon Air Quality

              a.   Special  limitations promulgated  pursuant  to  this section
                  shall  not apply  to  fossil fuel-fired steam generators which
                  are subject to Title 40, Part  60, Subpart D  of the Code of
                  Federal  Regulations (Standards of Performance for  New
                  Stationary Sources).
                                             -68-

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             b.   The  Commissioner may  promulgate special  limitations that
                 permit  the  sale, offering  for sale, purchase and use of
                 oil  with  a  sulfur  content  not to exceed  3.0 percent by
                 weight  and/or  solid fuel with a sulfur content not to exceed
                 2.8.  pounds  per million  BTU gross heat content for air con-
                 tamination  sources which do not have a rated total heat in-
                 put  in  excess  of 250  million BTU per hour  in an area where
                 all  applicable ambient air quality standards  for  sulfur diox-
                 ide  are being  met  and where the Commissioner has determined
                 that the  use of such  fuel  in all air contamination sources
                 in such area would not  contribute  to the contravention of
                 such standards nor significantly degrade air quality.  Such
                 promulgation shall be filed with the Secretary of State.

             c.   The  Commissioner may  promulgate special  limitations that
                 permit  the  sale, offering  for sale and purchase of oil with
                 a sulfur  content not  to exceed 3.0 percent by weight and/or
                 solid fuel  with a  sulfur content not to  exceed 2.8 pounds
                 per  million BTU gross heat content and the use of such fuel
                 in an air contamination source with a rated total heat in-
                 put  in  excess  of 250  million BTU per hour  where the owner
                 of such source shows  to the Commissioner's satisfaction,
                 by acceptable  diffusion analysis,  that such use would not
                 contribute  to  the  contravention of any applicable federal
                 ambient air quality standard nor significantly degrade air
                 quality.  Such promulgation shall  be filed with the Secretary
                 of State.   The Commissioner may require  further conditions
                 'oh such special limitations, including but not limited to
                 the  following:

                 1.   Maintenance of a  continuous monitoring network for sul-
                     fur compounds  (expressed as sulfur dioxide) surround-
                     ing the source, which  network  is acceptable to the
                 :    Commissioner.

                 2.:  Employment of  a system for prompt switching to fuel
                   •  with  a  sulfur  content  specified by the Commissioner
                     when  continuous monitoring indicates that State ambient
                     air quality standards  may, in  the opinion of the Com-
                     missioner, otherwise be exceeded.

(2.0)     Section 225.3  Exceptions  Contingent Upon  Fuel Shortage

             a.  .Upon application by an  air contamination source owner or
                 a fuel  supplier, or upon his own initiative, the Commissioner
                 may, by order, except persons from the provisions of this
                                           -69-

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                  Part,  for periods  not  exceeding  one year, where  it  is shown
                  to the Commissioner's  satisfaction that  there  is an in-
                  Sufficient supply  of conforming  fuel

                  1.   of the proper  type required  for use  in a particular air
                      contamination  source,  or

                  2.   generally  throughout an area of the  State.

                  Insufficiency  of the supply of fuel must be certified by the
                  Chairman  of the Public Service Commission.

                  The Commissioner may,  prior to certification of shortage
                  by  the Chairman of  the  Public  Service Commission and prior
                  to the public  hearing  provided by Section 225.4, by order,
                  except from the provisions of this Part, for a period not
                  exceeding 45 days.

                 ..!..   a  person who submits an affidavit stating  that  there is
                      an insufficient supply of conforming fuel  of the proper
                      type  required  for  use  in  such person's air contamination
                      source,  or

                  2.   persons  in a specified area  of the State where  the Com-
                      missioner  has  evidence that  there is an insufficient
                      supply of  fuel generally  throughout  such area.

                  When the  Commissioner  determines that a  delay  in issuing
                  such exception would be detrimental to the public health
                  or welfare.  Where such exception is granted,  the notice
                  of public hearing  provided by Section 225.4 shall be pub-
                  lished within  three days of the  issuance of such exception,
                  and such  hearing shall be  held in accordance with the pro-
                 'visions of applicable  federal regulations.*
(16.0)    Section 225.4  Public  Hearings
              a.   The  Commissioner will  hold a  public  hearing,  in  accordance
                  with the provisions  of Section  51.4  of  Title  40  of  the  Code
                  of Federal  Regulations,  for each  special  limitation and
                  exception pursuant to  Sections  225.2 and  225.3.

              b.   For  hearings  on  exceptions, the applicant shall  publish
                  notice  of such hearing,  in such form as the Commissioner
                  shall determine, in  a  newspaper of general circulation  in
          *Section  5TT4  of  Title  40  of  the  Code  of  Federal  Regulations
                                            -70-

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                  the  affected  area  for which  such  exception  is sought and
                  shall  bear  the  cost  of  publication.  The cost of the trans-
                  cript  of such hearing and  the  rental of space in which such
                  hearing  is  conducted shall be  paid  for by the applicant.
(2.0)     Section 225.5  General  Exceptions

              a.   Fuel mixtures:
                  1.   Fuels  with  a  sulfur  content  in  excess  of  that  permitted
                      by this  Part  may  be  sold,  offered  for  sale,  purchased
                      and used when it  can be  demonstrated,  to  the Commissioner's
                      satisfaction, that the resulting maximum  and three-
                      month  average emission of  sulfur compounds  (expressed
                      as sulfur dioxide) to the  outdoor  atmpsphere would not
                      exceed the  product of the  total heat input multiplied
                      by the allowable  rate of sulfur dioxide emission(s)  cal-
                      culated  according to the following equation:

                                                     2YA + 2 ZB
                     'Where:   S = Allowable rate of sulfur dioxide  emission
                                  (in pounds  per million  BTU).

                              Y = Percent of  total  heat input from  liquid
                                  fossil  fuel.

                              Z = Percent of  total  heat input from  solid fossil
                                  fuel.

                              A = Sulfur  content of oil in percent  by weight
                                  permitted by  this Part  multiplied by 0.55.

                              B = The sulfur  content of coal  in pounds of
                                  sulfur  per  million BTU  permitted  by this  Part.

                  2.   No exception pursuant to  this Subdivision shall be granted
                      for coal and fuel oil burned  with process gas,  such as
                      blast furnace,  coke oven  or petroleum refinery  gas.

              b.   Equivalent emission rate:

                  In  the following cases, the Commissioner may, by  order,
                  except from the fuel  sulfur content restrictions  imposed
                  by  this Part a person establishing to the Commissioner's
                  satisfaction that the fuel  use thus permitted would not
                  result in the emission  of sulfur  compounds  (expressed as
                  sulfur dioxide) to  the  outdoor atmosphere at a rate greater
                                            -71-

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                  than  would  result  through  the  use  of  fuels  otherwise
                  mandated:

                  1.  where fuel would  be  used as  a  process constituent, or

                  2.  where approved contol  equipment is  installed, or

                  3.  where a sufficient portion of  the sulfur  in the fuel
                     would be retained in the ash.

              c.   Experiments:

                  Upon  application,  the Commissioner may, by  order, permit the
                  sale,  offering for sale, purchase  and use of  fuel having a
                  sulfur content in  excess of the  limits  imposed by this Part,
                  where such  fuel  would be used  to demonstrate  the  performance
                  of  experimental  equipment  and/or process(es)  for removal
                  of  sulfur compounds from stack emissions.

              d.   Coal  and coke:

                  Until  June  30, 1975,  in  the City of New York  and the Counties
                  of  Nassau,  Rockalnd,  Suffolk and Westchester, for those
                  installations where coal or coke has  been the regular fuel
                  continuously since December 31,  1967, the Commissioner will
                  permit the  sale  and the  continued, but  not  increased, pur-
                  chase and use of such fuel, upon application, irrespective
                  of  the sulfur content of such  fuel.

(9.0)     Section  225.6   Emission and Fuel  Monitoring

              a.   The provisions of  this section shall  apply  to the owners
                  of.  the following stationary combustion  installations with
                  a rated total heat input in excess of 250 million BTU per
                  hour,  except where gaseous fuel  is the  only fuel burned
                  in  such installation  or  where  representative  sampling and
                  sulur analyses of  fuel used in such installation are con-
                  ducted daily in  a  manner approved  by  the Commissioner:

                  1.  any such installation  when so  requested by the Commissioner.

                  2.  installations  for which an application  for a permit to con-
                     struct  was received  by the Department or  an application
                     for a certificate of environmental  compatibility and
                  -  public  need  was received by  the Public  Service Commission
                  •   after March  15, 1973.

              b.   Such  owner  shall install at each stack, and operate in
                  accordance  with  manufacturer's instructions,  instruments
                                            -72-

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                  approved by  the Commissioner for continuously  monitoring
                  and recording  sufur compound emissions  (expressed  as  sulfur
                  dioxide) from  such  installation  at all  times  that  the com-
                  bustion installation is  in service.

              c.   Such owner shall  measure the rate of each  fuel  burned daily
                  and shall  determine, at  least once per  week,  the gross  heat
                  content and ash content  of each  fuel  burned.   In the  case
                  of combustion  installations producing electricity  for sale,
                  the average  electrical output and the minimum and  maximum
                  hourly generation rate shall also be measured.

              d.   Such owner shall  record  and maintain a  file  of such measure-
                  ments and operating data as may  be required  by the Com-
                  missioner, and shall tabulate and summarize  such measure-
                  ments and operating data in a format acceptable to the Com-
                  missioner.  Such  persons shall  retain records  and  summaries
                  for at least three  years and, upon request of the  Commissioner,
                  shall furnish  such  records and summaries.

(13.0)    Section  225.7  Reports, Sampling  and Analysis
(9.0)
              a.   The Gommisioner may require an owner of an air contamination
                  source to retain for up  to three years, and  to submit to
                  him, fuel  analyses, information  on the  quantity of fuel
                  received,  burned or sold, and results of stack sampling,
                  stack monitoring and other procedures to ensure compliance
                  with the provisions of this Part.

              b.   Persons selling fuels shall maintain and retain, for  three
                  years, records of quantities and fuel analyses for all  fuel
                  received by  them and records of  fuel  buyers,  quantities sold
                  and fuel analyses for all coal  and oil  sold,  and shall
                  make these records  available for inspection  by the Commissioner,
                  or his representative, during normal  business hours.

              c.  'Sampling,  compositing and analysis of fuel samples shall  be
                  carried out in accordance with the most recent applicable ASTM
                  standards  or other  methods acceptable to the Commissioner.
                                            -73-

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                                                                 TABLE I

                                                                PART  225
                                  MAXIMUM PERMITTED SULFUR CONTENT EXPRESSED IN PERCENT BY WEIGHT FOR OIL
                                       AND POUNDS PER MILLION 8TU GROSS HEAT CONTENT FOR SOLID FUEL

Effective Date
As of Effective
Date of this Part
October I, 1974
October 1, 1975
New York City
Oil
0.30
0.20 Distillate


Solid
Fuel
0.20


Nassau, Rock land
& Westchester
• Counties
Oil
0.37


Solid
Fuel
0.20


Suffolk County
towns of Babylon,
Brookhaven, Huntington,
Isltp & Smith town
Oil
1.0


Solid
Fuel
0.6


Erie & Niagara
Counties
Oil
2.2

1.1
Solid Fuel
2.8 Maximum
2.0 Average*
1.7 Maximum
1 .4 Average*

Rest of State
Oil
2.0


Solid Fuel
2.5 Maximum
1.9 Average*

-
* Averages shall  be  computed  for each  stationary air contamination source or emission source by dividing  the  total sulfur content by the
  total  gross heat content of all  solid  fuel  received during any consecutive three-month period.

  NOTE:   Certain  Installations rated at  more  than 250 million BTU per hour are restricted to use of 0.75  percent oil and 0.60 pound per
         million  BTU coal. See 225.1  (a)(l).

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(51.6)   PART 226  -  FUEL  COMPOSITION AND USE - STATIONARY AIR CONTAMINATION
                .   'SOURCES

(2.0)     Section 226.1  Applicability.

                  This part  shall  apply to all areas of New York State except
              the  New  York City  Metropolitan Area, consisting of the. five counties
              within the  City of New York, as well as the counties of Nassau,
              Suffolk,  Rockland  and Westchester.

(2.0)     Section 226.2  Prohibitions.

              a.   No  person  shall  sell, offer for sale, purchase for use in or
                  use  in any stationary air contamination source, fuel oil
                  containing more  than 1.65 pounds of sulfur per million BTU
                  gross  heat content.

              b.   No  person  shall  sell, offer for sale, purchase for use or
                  use  in any stationary air contamination source, coal having a
                  sulfur content exceeding 2.8 pounds per million BTU gross heat
                  content, provided that the total sulfur content divided by
                  the  total  gross  heat content of all coal received during any
              •  .  three  consecutive month period for use in any stationary air
                  contamination source shall not exceed 2.0 pounds per million
                  BTU  gross  heat content.

              c.   .After  December 31,  1973, no person shall sell, offer for sale,
                  purchase for  use in or in any stationary air contamination
                  source, fuel  oil containing more than 1.1 pounds of sulfur
                  per  million BTU  gross heat content.

              d.   After  December 31,  1973, no person shall sell, offer for sal*,
                  purchase for  use in or use in any stationary air contamination
                  source, coal  containing more than 1.35 pounds of sulfur per
                  million BTU gross heat content.

              e.   After  December 31,  1973, and until October 1, 1975, when the
                  prohibitions  of  Part 230 become applicable, no person shall
                  sell,  offer for  sale, purchase for use in or use in any
                  stationary air contamination source located in Erie and
                  Niagara Counties, fuel oil containing more than 1.2 pounds
                  ;of  sulfur  per million BTU gross heat content.

              f.   .After  December 31,  1973, and until October 1, 1974, when the
                  prohibitions  of  Part 230 become applicable, no person shall sell,
                  offer  for  sale,  purchase for use in or use in any stationary
                  air  contamination source located in Erie and Niagara Counties,
                  coal having a sulfur content exceeding 2.8 pounds per million
                  BTU  gross  heat content, provided that the total sulfur content
                  divided by the total gross heat content of all coal received
                  during any three consecutive month period for use in any


                                            -75-

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              h.
 stationary air contamination source shall  not exceed  2.0
 pounds per million BTU gross heat content.

 No person shall  use in any stationary combustion  installation
 rated at more than 250 million BTU per hour total  heat  input
 which was constructed or modified so as to increase the
 amount of sulfur compounds emitted to the  outdoor atmosphere
 and for which a  permit to construct has been  submitted  sub-
 sequent to the effective date of this Part, fuel  oil  having
 a sulfur content of more than 0.40 pounds  of  sulfur per
 million BTU gross heat content or coal  having a sulfur
 content of more  than 0.60 pounds of sulfur  per million  BTU
 gross heat content.  If two or more furnaces  are  connected
 to a common air  cleaning device and/or common stack,  the total
 heat input for such stationary combustion  installation  shall
 be the sum of the total  heat input of all  furnaces operated
 simultaneously which are connected to the  common  air  cleaning
 device and/or common stack.

 No person shall  change from fuel oil  to coal  in such  a  way that
 the amount of sulfur compounds emitted from his air contamination
.source to the outdoor atmosphere will be increased.
(2.0)     Section  226.3   Exceptions.
                   Fuels  with  a  sulfur content  in  excess of that permitted by
                  .Section  226.2 may  be  sold, offered  for sale, purchased and
                  .used when it  can be demonstrated  to the Commissioner's
                   satisfaction  that  the resulting emission of sulfur compounds
                   (expressed  as sulfur  dioxide) to  the outdoor atmosphere does
                   not exceed  the rate(s)  as calculated using the following
                   equation:
                                    S  =
                      2YA + 2ZB
                        Y + Z
                   Where:
         S = Allowable rate of sulfur dioxide emission  (expressed
             in pounds per million BTU).

         Y = Percent of total  heat input  from liquid  fossil  fuel.

         Z = Percent of total  heat input  from solid fossil  fuel.

         A = Allowable sulfur  content in  pounds  of sulfur  per
             million BTU provided by  Section  226.2 for  oil.

         B = Allowable sulfur  content in  pounds  of sulfur  per
             million BTU provided by  Section  226.2 for  coal.

 Upon  application,  the Commissioner shall  permit a person  to sell,
 offer for sale,  purchase for  use or  use  fuels with a sulfur
                                            -76-

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                   content  in  excess  of  that  specified  in 226.2 provided that such
                   person demonstrates that by  other means  the emission rates of
                   sulfur compounds  (expressed  as  sulfur dioxide) will not be
                   greater  than  would be obtained  through the use of  fuels otherwise
                   mandated.

              c.    Upon  application,  the Commissioner may except from the provisions
                   of Section  226.2  a person  who can demonstrate to the Commissioner's
                   satisfaction  that  there is an insufficient supply  of fuel.   In
                   each  case,  the  insufficiency of the  supply of fuel must be
                   certified by  the  Chairman  of the Public  Service Commission.

              d.    Upon  application,  the Commission may permit the sale, offer  for
                   sale, purchase  and use of  fuel  having a  sulfur content in excess
                   of that  specified  in  Section 226.2 provided such fuel is
                   used  to  demonstrate the performance  of experimental equipment
                   and/or process  for removal of sulfur compounds from stack
                   emissions.

              e.    Except as required by Section 226.2(g),  substitution of coal for
                  .fuel  oil or gas is permissible  only  if the total sulfur content
                   divided  by  the  total  gross heat content  of all coal received
                   during any  consecutive three-month period does not exceed 1.1
                   pounds per  million BTU gross heat content.

              f.    Coal  having a sulfur  content not exceeding 2.5 pounds per million
                   BTU gross heat  content may be sold,  offered for sale, purchased
                   for use  in  or used in any  stationary air contaminotion source
                   provided that the  total sulfur  content divided by  the total
                   gross heat  content of all  coal  received  d'jring any three
                   consecutive month  period for use in  any  stationary air contamina-
                   tion  source does  not  exceed  1.85 pounds  per million BTU gross
                   heat  content.

(13.0)    Section  226.4  Reports, Sampling and Analysis.

(9-°'          a.    Upon  the request  of the Commissioner, any person buying coal or
                   fuel  oil shall  obtain and  retain for three years,  records of
                   fuel  analyses,  monthly quantity of fuel  received or burned,  and
                 .  results  of  stack  sampling  or stack monitoring, or  other test
                   procedures  intended to verify compliance with this Part.  Such
                   person shall  furnish  the Commissioner with such records upon
                   request.

              b.    Any. person  selling coal or fuel  oil  shall retain for one year a
                  -record of the identity of  each  buyer, quantity and sulfur
                   content  of  such fuels, and upon the  request of the Commissioner,
                   shall furnish him  with such  records.
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              c.    Sampling,  compositing  and  analysis  of coal  and  fuel  oil  shall
                   be carried out in  accordance  with the most  recent  applicable
                   ASTM standard methods  or equivalent methods  acceptable to
                   the Commissioner.

              d.    Commencing June 30,  1973,  and semi-annually  thereafter all
                   major fuel distributors must  submit to  the  Commissioner  a
                   report on  the progress in  carrying  out  the  provisions of this
                   regulation.

(9.0)     Section  226.5  Emission and  Fuel  Monitoring.

              a.    Effective  July 1,  1973, any pnrson  who  owns  a stationary combus-
                   tion installation  rated at mere  than 250 million BTU per hour
                   input and  which burns  coal and/or fuel  oil  shall install at
                   each stack and operate in  accordance with manufacturer's
                   instructions, and  instrument  approved by the Commissioner,
                   for continuously monitoring and  recording sulfur dioxide
                   emissions.

              b.    Any person required  under  this section  to monitor  stack  emissions
                   shall  measure the  rate of  each fuel  burned  daily and shall
                   determine  at  least once per week the gross heating value and ash
                   content of each fuel burned.   In the case of combustion
                   installations producing electricity for sale, the  average
                   electrical output  and  the  minimum and maximum hourly generation
                   rate shall also be measured.

              c.    Any person subject to  the  provisions of this section shall record
           • ;   .    and maintain  a file  of all measurements required by  this Section
                   and shall  tabulate and summarize such measurements in a  format
                   acceptable to the  Commissioner.  Such person shall retain records
                   and summaries for  at least three years  and,  upon the request of
                   the Commissioner,  shall furnish  him with such records and
                   summaries.

              d.    Upon application,  the  Commissioner  may  exempt in whole or in part
                   from the stack monitoring  requirements  of this  section any source
                   owner who  conducts fuel sampling daily  in accordance with
                   Section 226.4(c).
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(51.5)    PART 227 -  STATIONARY  COMBUSTION  INSTALLATIONS
 51.7
(51.5)    Section 227,1   Bituminous  Coal

         No person shall  construct,  install  or  modify, or cause  to be constructed,
         installed or modified,  within  New York State, any  stationary combustion
         installation designed  to burn  bituminous  coal,  hand  fired.

(50.1)    Section 227.2  Particulate Emissions

              a.   Except as  required under Section 227.2b,  no person shall cause,
                  permit, or allow to be emitted into the outdoor atmosphere
                  from any stationary combustion installation burning coal and/
                  or wood, particulates in excess  of the permissible emission
                  rates specified in Table 1.   The total heat input under nor-
                  mal operating conditions shall be used to determine the per-
                  missible emission rate.   If two  or more furnaces are  connected
                  to a common air cleaning device  and/or stack,  the total heat
                  input of all  furnaces connected  to the device  and/or  stack
                  shall be the  heat input  for the  purpose of  computing  the per-
                  missible emission rate.   If two  or more furnaces having indi-
                  vidual  air cleaning devices are  connected to a single stack,
                  the permissible emission rate shall be the  sum of the per-
                  missible emission rate from each furnace.

              b.   .No. person  shall cause, permit, or allow a two  hour average
                  emission into the outdoor atmosphere of particulates  in
                  excess of  0.10 pound  per million BTU heat input from:

                  1.- any oil fires stationary  combustion installation, or

                  2.   any coal  fires stationary combustion  installation of more
                      than 250  million  BTU per  hour total heat input for which
                      an application for a Permit  to Construct is submitted
                      subsequent to the effective  date of this Part.

              c.   Upon written  application,  the Commissioner  may exempt a person
                  from the provisions of this section, when in view of  the pro-
                  perties of the emissions,  isolated conditions, stack  height
                 •and other  factors, it is clearly demonstrated  that the emission
                  thus permitted will not  cause a  contravention  of established
                  ambient air quality standards.

(50.1.2)  Section 227^3  Smoke Emissions

              a.   No., person  shall construct, install, use or  cause to be used
                  a'stationary  combustion  installation which  emits smoke the
                  shade or appearance of which  is  equal  to  or greater than
                                            -79-

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                  1.   Number  1  on  the  Ringelmann Chart, or twenty  (20) percent
                      Opacity,  for a period  of  three  (3) or more minutes during
                      any  continuous sixty  (60) minute period, or

                  2.  .Number  2  on  the  Ringelmann Chart for forty (40) percent
                      opacity,  for any time  period.

              b.   Startup  and emergency emissions  in  excess of those allowed
                  under Section 227.3(a) may be excepted by the Commissioner
                  upon demonstration by the  source owner that such excessive
                  emissions were not preventable.

(50.3)    Section  227.4  Nitrogen Oxides

         No person shall cause  or  allow to be emitted to the outdoor atmosphere
         from any stationary  combustion installation  of more than  250 million
         BTU per  hour total heat input which was:

              a.   constructed or

              b.   modified so as to increase the amount of air contaminants
                  emitted  and for  which a permit to construct has  been submitted
                  subsequent  to the effective date of this Part, more than:

                  1.   0.70 pound per million BTU heat input for a  maximum 2-hour
                      average when solid fuel is burned.

                  2.   0.30 pound per million BTU heat input for a  maximum 2-hour
                      average when fuel oil  is  burned.

                  3.   0.20 pound per million BTU heat input for a  maximum 2-hour
                      average when gaseous fuel is burned.

(9.0)     Section  227.5 .Stack Monitoring

              a.   Any person  who owns  a stationary combustion installation of
                  more than 250 million BTU  per hour  total heat input shall in-
                  stall  and operate in accordance  with manufacturer's instruc-
                  tions, instruments,  approved  by  the Commissioner, for con-
                  tinuously monitoring and recording  smoke from such installa-
                  tions  at all  times that the combustion installation is in
                  service.  Where  gas  is the only  fuel burned, monitoring and
                  recording of  smoke is not  required.

              b.   Any person  required  to control nitrogen oxides in accordance
                  with Section  227.4 shall install and operate in  accordance
                  with manufacturer's  instructions, instruments approved by
                  the Commissioner for continuously monitoring and recording
                  nitrogen oxides  from such  installations at all time's that the
                  stationary  combustion installation  is in service.
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              c.   Any  person  required  under  this  section  to monitor stack emis-
                  sion shall  determine the average  rate of each fuel burned
                  daily and shall  determine  at  least  once per week, the gross
                  heating  value  and  ash content of  each fuel burned.   In the
                  case of  combustion installations  producing electricity for
                  sale, the average  electrical  output and the minimum  and
              !    maximum  hourly generation  rate  shall also be measured.

              d.   Any  person  subject to the  provisions of this section shall
                  record and  maintain  a file of such  measurements  and  operat-
                  ing  data, as may be  required  by the Commissioner, and shall
                  tabulate and summarize such measurements and operating data
                  in a format acceptable to  the Commissioner.  Such person
                  shall retain records and summaries  for  at least  three years,
                  and  upon request of  the Commissioner shall furnish such re-
                  cords and summaries.

(2.0)    Section  227.6  Fuel  Mixtures

         When two or more  different  fuels are burned  simultaneously in a single
         furnace  of a  stationary combustion  installation, the permissible
         emission rate shall  be  the  sum of the  permissible emission rate for
         each fuel multiplied by BTU input derived  from that fuel.

(2.0)    Section  227.7  Corrective Action

              a.   Any  person  found to  have violated any provision  of this Part
                  shall not cause, permit or allow  operation of the stationary
                  combustion  installation involved  in the violation unless

                  1.   it is equipped with approved  emission control equipment or

                  2.   it is rehabilitated or upgraded in  an approved manner or

                  3.   the  fuel is  changed to an acceptable type.

              b.   The  Commissioner may seal  such  stationary combustion installa-
                  tion so  as  to  prevent any  operation if  the conditions of
                  subdivision 1, 2 and 3 of  paragraph 227.7a are  not met within
                  the  time provided  by the order  of final determination issued
                  in the case of the violation.

              c.   No person shall  cause, permit or  allow  operation of  any
                  stationary  combustion installation  sealed by the Commissioner
                  in accordance  with this section.
                                            -81-

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              d.   No person except the Commissioner or his  representative shall
                  remove,  tamper with or destroy any seal  affixed to any
            i-      stationary combustion installation in accordance with  this
                  section.

(2.0)    Section 227.8  General

              a.   Emission Data

                  Any person who owns or operates a stationary  combustion in-
                  stallation described in Section 227.2 and 227.4 shall  provide
                  pertinent data concerning emission,  when  so requested  by the
                  Commissioner.

              b.   Test Methods

                  Sampling, compositing, and analysis  of fuel samples  shall be
                  carried  out in accordance with the most  recent ASTM  standard
                  methods  or equivalent methods  acceptable  to the Commissioner.

(4.0)    Section 227.:9  Ambient  Air Quality Standards

         Notwithstanding the provisions of this  Part,  no person shall  emit air
         contaminants in quantities which, alone or in combination with  emissions
         from other sources, would contravene any established standard for the
         quality of the ambient  air, or would cause air pollution.

(1.0)    Section 227.10 Definitions

              a.   "Opacity" means the degree to  which  emissions ether  than con-
                  densed water reduce the transmission of  light and obscrue the
                  view of  an object in the background.
                                            -82-

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                               TABLE I

              Permissible Emission Rates for Stationary
             Combustion Installations Burning Solid Fuel
   Total Heat. Input                     Permissible Emission Rate**
   (million BTU/hr)                          (ID/million BTU)
*
1 to 10
20
30
40
50
60
70
80
90
100
200
300
400
500
600
700
800
900
1 ,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000

0.600
0.550
0.500
0.450
0.440
0.420
0.400
0.390
0.380
0.370
0.320
0.290
0.275.
0.262
0.252
0.242
0.236
0.230
0.225
0.193
0.177
0.166
0.158
0.152
0.147
0.142
0.139
0.136
 *(a)  Installations having a total heat input less than one million BTU/hr
       are exempted.

**(b)  Total ..;heat input between 10-10,000 million BTU/hr:
       use E =  .02/p^19 to determine the permissible emission rate where
       E = permissible emission rate in Ib/million BTU
       P = total heat input in million BTU/hr
                                    -33-

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     (c)  Individual combustion installations with a total  heat
          input equal to or less than 300 million BTU/hr and in
          operating prior to June 1, 1972, may exceed the values
          In Table I provided they meet the following criteria:

          1.  Spreader stokers - Permissible emission rate  shall
              not exceed 0.60 Ib/million BTU input.

          2.
          Total Heat Input            Permissible Emission Rate
          (million BTU/hr)               (Ib/million BTU)***

              1 - 100                          0.60
                  200                          0.45
                  300                          0.30

***Calculate intermediate values by linear interpretation.
                                -84-

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(51.6)   PART 230 - FUEL COMPOSITION AND USE - NIAGARA FRONTIER


(2.0)     Section 230.1   Applicability

         This Part shall apply  only  to  Erie  and Niagara counties.

(2.0)     Section 230.2   Prohibitions

              a.  After October 1,  1974,  no  person  shall  sell,  offer for sale,
                  purchase for  use  in,  or use  in any  stationary  combustion in-
                  stallation, process or incinerator  coal having a sulfur content
                  exceeding 1.7 pounds  per million  BTU gross heat content provided
                  that  the weighted  average  for all coal  received by a purchaser
                  during a three month  period  does  not exceed  1.4 pounds sulfur
                  per million BTU gross heat content.

              b.  After October 1,  1974,  no  person  shall  sell,  offer for sale,
                  purchase for  use  in,  or use  in any  stationary  combustion
                  installation, process or incinerator fuel oil  having a sulfur
                  content exceeding  0.60 pounds per million BTU  gross heat con-
                  tent.

(2.0)     Section 230.3   Exceptions

              a.  Upon  application,  the Commisioner may permit the sale, offer
                  for sale, purchase or use  of fuels  with sulfur content in
                  excess of that specified in  Section 230.2, where approved
                  control equipment  is  installed which limits  the emission rate
                  of s.ulfur compounds  (expressed as sulfur dioxide) to a level
                  less  than or  equivalent to that which would  obtain through
                  the use of fuels  otherwise mandated.

              b.  Upon  application,  the Commissioner  may  permit the sale, offer
                  for sale, purchase and use of fuel  having a  sulfur content
                  in excess of  that  specified  in Section  230.2,  provided such
                  fuel  is used  to demonstrate  the performance  of experimental
                  equipment and/or  processes for removal  of sulfur compounds
                  from  stack emissions.  .
                  • i
              c.  Upon  application,  the Commissioner  may  exempt a person from
                  the provisions of  Section  230.2 in  a stationary combustion
                  installation, process or incinerator where a substantial
                  portion of the sulfur content of  the fuel is retained in the
                  ash and not emitted to the outdoor  atmosphere, provided that
                  .'the emission  rate  of  sulfur  compounds (expressed as sulfur
                  dioxide) will not  exceed an  emission level which would obtain
                  through the use of fuels otherwise  mandated.

              d.  Upon  application,  the Commissioner  may  exempt  a person from
                  the provisions of  Section  230.2,  where  the applicant can show
                  to  the satisfaction of .the Commissioner, that there is an
                                            -85-

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                  insufficient supply of fuel  suitable for a  stationary com-
                  bustion installation,  process  or incinerator in  operation
                  prior to January  1, 1973,  and  that  the emissions  from such
                  stationary combustion  installation,  process or incinerator
                  will  not tend to  cause an  ambient air quality standard to
                  be exceeded.

(6.0)    Section 230.4   Compliance

              a.  The Commissioner  may require submission of  fuel  analyses,
                  information on the monthly quantity  of fuel received  or
                  burned and/or results  of stack sampling and other procedures
                  to ensure compliance with  the  provisions of this  Part, and
                  no person shall fail to submit such  when requested to do so
                  by the Commissioner.

              b.  Persons selling fuels  shall  maintain records of  fuel  buyers,
                  quantities sold and fuel analyses for sales of all  coal and
                  fuel  oil and shall  make these  records available  for inspection
                  by the Commissioner or his representative during  normal
                  business hours.

              c.  Sampling, compositing  and  analysis  of fuel  samples  shall be
                  carried out in accordance  with the  most recent ASTM standard
                  methods or equivalent  methods  acceptable to the  Commissioner.

(4.0)    Section 230.5   Ambient Air Quality  Standards

         Notwithstanding the provisions  of this  Part,  no person shall emit air
         contaminants in quantities which alone  or in  combination with  emissions
         from other sources would contravene any established  ambient air
         quality standard or cause  air pollution.
                                            -86-

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FEDERALLY PROMULGATED



    REGULATIONS
           -87-

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(6.0)     52.1677  Compliance  Schedules

              d.   Federal  Compliance Schedules
                  1.   The  owner  or  operator  of  any  boiler or furnace of more
                      than 250 million  BTU per  hour heat input subject to the
                      requirements  of section 225.3(c) of subchapter A,
                      chapter  III,  title  6 of New York State's official com-
                      pilation of codes,  rules, and regulations shall notify
                      the  Administrator,  no  later than October 1, 1973, of
                      his  intent to utilize  either  low-sulfur or stack gas
                     ' desulfurization to  meet the requirements of said regu-
                      lation.

                  2.   Any  owner  or  operator  of  a stationary source subject
                      to paragraph  (d)  (1) of this  section who elects low-
                      sulfur fuel shall be subject  to the following compliance
                      schedule:

                   '•'. (i)   November 1,  1973  - Submit to the Administrator a
                           projection of  the amount of fuel, by types, that
                           will  be  substantially adequate to enable compli-
                           ance  with section 225.3(c) of the codes, rules,
                           and regulations cited in paragraph (d) (1) of this
                           section  on June 30,  1975, and October 1, 1975,
                           respectively,  and for at least one year thereafter.

                     (ii)   December 31, 1973 -  Sign contracts with fuel sup-
                           pliers for fuel requirements as projected above.

                    (iii)   January  31,  1974  - Submit a statement as to whether
                           boiler modifications will be required.  If modifi-
                           cations  will be required, submit plans for such
                           modifications.

                     (iv)   March 15, 1974 -  Let contracts for necessary boiler
                           modifications, if applicable.

                    !  (v)   June  15,  1974  - Initiate onsite modifications, if
                           applicable.

                     (vi)   February  28, 1975 -  Complete onsite modifications,
                           if applicable.

                    (vii)   June  30,  1975  -. Final compliance with the low-sulfur
                           fuel  requirements of section 225.3 (c) of subchapter
                           A, chapter III, title 6  of New York State's official
                           compilation of codes, rules, and regulations.
                                            -88-

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    b.   October 1,  1975 -  Final  compliance  with  the  low-
        sulfur fuel  requirements of subchapter A,  chapter
        III, title  6 of New York State's  official  compila-
        tion of codes,  rules,  and regulations.

3.   Any owner or operator  of a stationary source subject to
    subparagraph (1) of this paragraph  who  elects  to uti-
    lize stack gas  desulfurization shall  be subject  to  the
    following compliance schedule:

    (i)  November 1, 1973  - Let Necessary contracts  for con-
         struction.

   (ii)  March 31,  1974 -  Initiate onsite construction.

  (iii)  February 28, 1975 - complete onsite construction.

   (iv)  (a)  June  30,  1975 -  Final compliance with  the re-
              quirements of section 225.3 (c) of subchapter
              A, chapter III,  title 6 of New York  State's
              official  compilation of codes, rules,  and re-
              gulations.

         (b)  October 1, 1975 - Final compliance with the
              requirements of subchapter A, title  6  of New
              York  State's official compilation  of codes,
              rules, and regulations.

    (v)  If a performance  test is necessary for  a  determina-
         tion as to whether compliance with subpart  (3) (iv)
         (a) or (b) has been achieved,  such a test must be
         completed  by June 30, 1975, or October  1, 1975,
         respectively.   Ten days prior to such  a test,
         notice must be given to the Administrator to afford
         him the opportunity to have an observer present.

4.   The owner or operator  of any boiler or  furnace of more
    than 250 million BTU per hour heat input subject to the
    requirement of  section 230.2(d) of subchapter  A, chap-
    ter III, title  6 of the New York State's official com-
    pilation of codes,  rules,  and regualtions shall  notify
    the Administrator no later than October 1,  1973, of his
    intent to utilize either low-sulfur fuel or  stacb gas
    desulfurization to meet the requirements of  said re-
    gulation.

5.   Any owner or operator  of a stationary source subject to
    subparagraph (4) of this paragraph  who  elects  low-sulfur
    fuel shall be subject  to the following  compliance
    schedule:
                          -89-

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  (i)  November 1,  1973 -  Submit to  the  Administrator  a
      .•projection of the amount  of fuel,  by  types,  that
       will  be substantially  adequate  to enable  compliance
       with  section 230.2(d)  of  the  codes, rules, and
       regulations  cited in subparagraph  (4)  of  this
       paragraph on October 1,  1974, and for  at  least  one
       year  thereafter.

 (ii)  December 31, 1973 - Sign  contracts with fuel sup-
       pliers for fuel  requirements  as projected above.

(iii)  January 31,  1974 -  Submit a statement  as  to  whether
       boiler modifications will be  required.  If modi-
       fications will  be required, submit plans  for such
       modifications.

 (iv)  March 15, 1974  - Let contracts  for necessary boiler
       modifications,  if applicable.

  (v)  June  15, 1974 -  Initiate  onsite modifications,  if
       applicable.

 (vi)  September 3, 1974 - Complete  onsite modifications,
       ff applicable.

(vii)  October 1, 1974 -  Final compliance with the  low-
       sulfur fuel  requirements  of section 230.2(d) of
       subchapter A, chapter  III,  title  6 of  New York
       State's official  compilation  of codes, rules, and
       regulations.

  Any owner  or operator of a  stationary  source subject to
  subparagraph (5)  of this paragraph who elects  to  utilize
  stack gas  desulfurization shall  be subject  to  the follow-
  ing compliance schedule:

  (i)  November 1,  1973 -  Let necessary  contracts for  con-
       struction.

 (ii)  December 31, 1973 - Initiate  onsite construction.

(iii)  September 1, 1974 - Complete  onsite construction.

 (iv)  October 1, 1974 -  Final compliance with the  require-
       ments of section 230.2(d) of  subchapter A, chapter
       III,  title 6 of New York  State's  official compila-
       tion  of codes,  rules,  and regulations.
                         -90-

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     (v)   If a performance test  is  necessary  for  a  determina-
          tion as  to whether compliance  has been  achieved,
          such a test must be completed  by October  1,  1974.
          Ten days prior to such a  test, notice must be
          given to the Administrator to  afford him  the oppor-
          tunity to have an observer present.

 7.   The  owner or operator of any petroleum refinery subject
     to the requirements of section 223.1(a)  of subchapter
     A, chapter III, title 6 of  New York State's  official
     compilation of codes, rules,  and regulations  shall com-
     ply  with the compliance schedule in subparagraph  (8) of
     this paragraph.

 8.   Any  owner or operator of a  petroleum refinery  subject
     to ^ubparagraph (7) of this paragraph shall  be subject
     to £he following compliance schedule:

     (i)   November 1, 1973 - Submit final  control plan to
          the Administrator.

    (ii)   February 28, 1974 - Let necessary contracts  for
          construction or installation of emission  control
          equipment.

   (iii)   June 30, 1974 - Initiate onsite construction or
          installation of emission control equipment.

    (iv)  .-November 30, 1974 - Complete onsite construction
          or installation of emission control equipment.

     (v)   December 31, 1974 - Final compliance with the  re-
          quirements of 223.1(a) of subchapter A, chapter
          III, title 6 of New York State's official com-
          pilation of codes, rules, and regulations.

 9.   The owner or operator of any coke oven battery subject
     to the requirements of part 214, sections 214.2 and
     214.4, of subchapter A, chapter III,  title 6 of the New
     York State's official compilation of codes,  rules,  and
     regulations for a facility  with an environmental  rating
     B as determined by part 212 of subchapter A, chapter
     III, title 6 of the New York State's  official  compila-
     tion of codes, rules, and regulations, shall comply with
     the compliance schedule in  subparagraph  (10) of this
     paragraph.

10.   Any  owner or operator of a  coke oven battery subject
     to subparagraph (9) of this paragraph shall  be subject
                           -91-

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     to the following compliance schedule:

     (\)  November 1, 1973 -  Submit final  control  plan  to
          the Administrator.

    (ii)  February 1, 1974 -  Let necessary  contract  for con-
          struction or installation of control  equipment.

   (iii)  April  15, 1974 - Initiate onsite  construction or
          installation of control  equipment.

    (iv)  November 30, 1974 - Complete onsite construction
          or installation of  control  equipment.

     (v)  December 31, 1974 - Final compliance with  the re-
          quirements of part  214,  sections  214.2  and 214.4,
          of subchapter A, chapter III, title 6 of New
          York State's official  compilation of codes, rules,
      .  ,. and regulations.

11.   Any owner or operator subject to a compliance schedule
     above shall  certify to the  Administrator,  within five
     days  after the deadline  for each increment of progress
     in that schedule, whether or not the  increment  has been
     ,met.

12.   (i)  None of the above subparagraphs  shall apply to a
          source  which is presently in compliance with  appli-
          cable regulations and  which has  certified  such com-
          pliance to the Administrator by  October 1, 1973.
          The Administrator may  request whatever  supporting
          information he considers necessary for  proper cer-
          tification.

    (ii)  Any compliance schedule adopted  by the  State  and
          approved by the Administrator shall satisfy the
          requirements of this paragraph for the  affected
        .  source.

   (iii)  Any owner or operator  subject to  a compliance
          schedule in this paragraph  may submit to the  Ad-
          ministrator no later than October 1,  1973, a  pro-
          posed alternative compliance schedule.   No such
          compliance schedule may  provide  for final  compliance
          after the final compliance  date  in the  applicable
          compliance schedule of this paragraph.   If pro-
          mulgated by the Administrator, such schedule  shall
         ••satisfy the requirements of this  paragraph for the
          affected source.
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                 13.   Nothing  in  this  paragraph shall preclude the Administra-
                      tor  from promulgating a separate schedule for any
                      source to which  the application of the compliance
                    'schedule in subparagraphs (2),  (3),  (5), (6), (8), and
                      (10) of  this  paragraph fails  to satisfy the requirements
                    •; of 51.15 (b)  and (c) of this  chapter.

                      (37  FR 19815,  Sept. 22, 1972, as amended at 38 FR 16146,
                      June 20, 1973;  38 FR 22744, Aug. 23,  1973; 38 FR 24341,
                      Sept. 7, 1973;  39 FR 33314, Sept. 17, 1974; 39 FR
                      41254, Nov.  26,  1974)

(12.0)    52.1683 Transportation and Land Use Controls.

              a.   Tq  complete  the requirements of 51.11 and 51.14 of this
                  chapter, the Governor of New York must submit to the Admin-
                  istrator:

                  1.   No later than July 30, 1973,  the legislative authority
                      that is  needed for carrying out the  transportation and/
                      or land  use control strategies;

                  2.   No later than December 30,  1973, the necessary adopted
                      regulations and administrative  policies needed to im-
                   •   plement  such strategies.

                     •(38  FR 16567,  June 22, 1978)

(14.0)    52.1685 General Requirements

              b.   Regulation for  Public Availability  of Emission Data

                  1.   Any  person  who cannot obtain  emission data from the
                  .   .Agency responsible for making emission data available
                      to the public,  as specified in  the applicable plan,  con-
                      cerning  emissions from any  source subject to emission
                      limitations which are part  of the approved plan may  re-
                      quest that  the appropriate  Regional  Administrator ob-
                      tain and make public such data.  Within 30 days after
                     .receipt  of  any such written request, the Regional  Ad-
                      ministrator shall require the owner  or operator of any
                      such source to submit information within 30 days on
                      the  nature  and amounts of emissions  from such source
                      and  any  other information as  may be  deemed necessary by
                      the  Regional  Administrator  to determine whether such
                      source is in compliance with  applicable emission  limita-
                      tions or other control measures that are part of the
                      applicable  plan.
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Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l)iof this section,
the owner or operator of the source shall maintain re-
cords of the nature and amounts of emissions from such
source and any other information as may be deemed nec-
essary by the Regional Administrator to determine whether
such source ,is in compliance with applicable emission
limitations or other control measures that are part of
the plan.  The information recorded shall be summarized
and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be
submitted within 45 days after the end of the reporting
period.  Reporting periods are January 1 - June 30 and
July 1 - December 31.

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

Emission data obtained from owners or operators of
stationary sources will be correlated with applicable
emission limitations and other control measures that
are,part of the applicable plan and will be available
at the appropriate regional office and at other loca-
tions in the state designated by the Regional Administrator.
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(17.0)   52.1689   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
                     faci1i ti es.

                (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,
                     p,r 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      'clas's  II
                                                 (ug/m3)       (ug/m3)
             Particulate matter:
               Annual  geometric mean 	        5            10
               24-hr maximum	       10            30

             Sulfur dioxide:
               Annual  arithmetic mean 	        2            15
               24-hr maximum	        5           100
                3-hr maximum 	       25           700
     (ii)    For purposes of this paragraph,  areas  designated as  Class
             III shall  be limited to concentrations"of particulate
             matter and sulfur dioxide no greater than the  national
             ambient air quality standards.

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

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

     (ii)   • The State  may submit to the Administrator a proposal to
             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
                             -96-

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        (c)  A discussion of the reasons for the proposed redes-
            ignation  is available for public inspection at least
            30 days prior to the hearing and the notice announc-
            ing the hearing contains appropriate notification of
            the availability of such discussion, and

        (d)  The proposed redesignation  is based on the record of
            the State's hearing, which  must reflect the basis
            for the proposed redesignation, including consider-
            ation  of  (1)  growth anticipated in the area,  (2)
            the social, environmental,  and economic effects of
            such redesignation upon the area being proposed for
            redesignation and upon other areas and States, and
             (3)  any  impacts of such proposed redesignation upon
            regional  or national interests.

        (e)  The redesignation is proposed after consultation
            with the  elected leadership of local and other sub-
            state  general purpose governments in the area cov-
            ered by the proposed redesignation.

(iii)    Except  as provided in paragraph  (c)  (3)  (iv) of this
        section, a  State in which lands  owned by the Federal Gov-
        ernment are located may submit  to the Administrator a
        proposal to redesignate such lands Class I, Class  II,  or
        Class  III in accordance with subdivision (ii) of this
        subparagraph provided that:

        (a)   The redesignation is consistent with adjacent State
             and privately owned  land,  and

        (b)   Such  redesignation  is  proposed  after consultation
            with the  Federal Land  Manager.

(iv)    Notwithstanding subdivision  (iii) of this subparagraph,
        the  Federal Land Manager  may submit  to the  Administrator
        a proposal  to  redesignate any  Federal lands to  a more
        restrictive designation  than would otherwise be applic-
        able provided  that:

        (a)   The  Federal  Land Manager  follows procedures equiv-
             alent  to  those  required of States under paragraph
             (c)  (3)  (ii)  and,

        (b)   Such  redesignation  is  proposed  after consultation
             with  the  State(s)  in which the  Federal Land  is  lo-
             cated  or  which  border  the  Federal Land.

(v)     Nothing in  this section  is  intended  to convey  authority
        to the  States  over  Indian Reservations where States  have
        not  assumed such authority  under other laws nor is  it
        intended to deny jurisdiction which  States  have assumed
                        -97-

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        under other laws.   Where a  State  has  not assumed  juris-
        diction  over an  Indian  Reservation  the  appropriate  In-
        dian  Governing Body may submit to the Administrator a
        proposal  to redesignate areas  Class  I,  Class  II,  or
        Class III,  provided that:

        (a)   The Indian  Governing Body follows  procedures equiv-
             alent  to those required of States  under  paragraph
   '          (c)  (3) (11)  and,

        (b)   Such redesignation is  proposed  after consultation
             with the State(s)  in which the  Indian Reservation
             is  located  or which border the  Indian Reservation
             and, for those lands held in trust, with the approv-
             al  of  the Secretary of the Interior.

(vi)     The Administrator  shall approve,  within 90 days,  any re-
        designation proposed pursuant  to  this subparagraph  as
        follows:

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall  be approv-
             ed  unless the Administrator  determines (1)  that  the
             requirements  of subdivisions (ii)  and (iii)  of this
             subparagraph  have  not  been complied with,  (2)   that
             the State has arbitrarily and  capriciously disre-
             garded relevant considerations  set forth in  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
          priop  to June  1,  1975 except as specifically provided below. A.
                                 -99-

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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 ov/ner  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:
                            -100-

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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-
     tior] on the nature and extent of general commercial, residential,
     industrial, and other growth which has occurred in the area af-
     fecljed  by  the  source's emissions (such area to be specified by the
                            -101-

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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:
                               -102-

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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.
                       -103-

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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 suqh approval or if construction is  discontinued for a  period
          of 18 months or  more.  The  Administrator may  extend such time  pe-
          riod  ypon 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 a^d 'all  local, State, and Federal regulations which are part
          of th§ 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)-(l) (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-
     dicticjri over such land under other laws, in which  case  the  Admin-
     istrator'may delegate his authority to the States  in  accordance
     with sjubparagraphs (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)
                             -105-

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