U.S. DEPARTMENT OF COMMERCE
                                   National Technical Information Service

                                   PB-290  284
 Air  Pollution Regulations in  State
 Implementation  Plans:  Ohio
Abcor  Inc, Wilmington,  MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                             PB 290284
.United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-085
August 1978
Air
Air Pollution  Regulations
in State Implementation
Plans:
Ohio
        REPRODUCED BY
        NATIONAL TECHNICAL

        INFORMATION SERVICE
        U. S. DEPARTMENT OF COMMERCE
          SPRINGFIELD, VA. 22161

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                                   TECHNICAL REPORT DATA
                           (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-085
                             2.
4. TITLE AND SUBTITLE
 Air Pollution Regulations in State Implementation
 Plans:  Ohio
7. AUTHOH(S)
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           3. RECIPIENT'S ACCESSION-NO.
             5. REPORT DATE'
               August 1978
             6. PERFORMING ORGANIZATION CODE
                                                           8. PERFORMING ORGANIZATION REPORT NO.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control  Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air, Noise,  and  Radiation
  Research Triangle Park,  NC 27711
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob  Schell, Control Programs  Development Division
16. ABSTRACT
  This document has been  produced in compliance with  Section 110(h)(l) of the  Clean  Air
  Act amendments of 1977.   The Federally enforceable  regulations contained  in  the  State
  Implementation Plans  (SIPs)  have been compiled for  all  56 States and territories
  (with the exception of  the Northern Mariana Islands).   They consist of both  the
  Federally approved State  and/or local air quality regulations as indicated in  the
  Federal Register and  the  Federally promulgated regulations for the State, as
  indicated in the Federal  Register. Regulations which  fall into one of the above
  categories as of January  1,  1978, have been incorporated.  As mandated by Congress,
  this document will be updated annually.  State and/or local air quality regulations
  which have not been Federally approved as of January  1, 1978, are not included here;
  omission of these regulations from this document in no way affects the ability of
  the respective Federal, State, or local agencies to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS  C. COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)
   Unclassified
                                              20. SECURITY CLASS (Thi

                                                Unclassified
                                                                         22.
                               A
& L
EPA Form 2220-1 (9-73)

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                                   EPA-450/3-78-085
    Air Pollution Regulations
in State  Implementation  Plans:

                     Ohio
                        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
                        \
                        lev

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The  contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency.  Mention of
company or product names is not  to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-085
                                  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 locjal air quality regulations as indicated in the  Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.   State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation.  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.  Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations  may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable  SIP
are Federally enforceable..  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore,  the
Federally promulgated indirect source regulations appearing in  this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.  For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

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

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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
             EPA-APPROVED REGULATION  CHANGES

                           OHIO
Submlttal  Date      Approval  Date

7/7/72              7/27/72
8/4/72



10/12/72

7/16/75
5/14/73



5/14/73

9/23/76
Description

AP-3-11, 12, 13, 14
AP-9-04
Note: S09 Regulations disapproved
4/15/74 *

AP-2-01, 02, 04, 05
AP-3-01, 08, 09, 13
AP-9-01, 02, 03

AP-13-01, 02

AP-3-04, AP-5-04, AP-7-03, EP32-03
Note: AP-5-04, AP-7-03, EP-32-03
are disapproved.  EP-32-03 is
approved for particulate matter
Section No.

52.1878

52.1879


52.1881

52.1882

52.1884
   FEDERAL REGULATIONS

Description

Inspection and Maintenance Program

Review of New or Modified Indirect Sources
Review of New Sources and Modifications

Control Strategy: Sulfur Oxides (sulfur dioxide)

Compliance Schedules

Prevention of Significant Deterioration

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

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

                       i

                                          vii

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                     TABLE  OF CONTENTS
1
Revised Standard
Subject Index
(1.0)
(2.0)
(13.0),
(9.0)
(6.0)
(7.0)03.0)

(50.7)
(2.0)
(2.0)
(1.0)
(2.0)
(50.1.2)
(51.13)
(50.1)
STATE
.1
Section
Number
AP-2-01
AP-2-02
AP-2-03
AP-2-04
AP-2-05
AP-2-06

AP-2-07
AP-2-08
AP-2-09
AP-3-01
AP-3-06
AP-3-07
AP-3-08
AP-3-09
REGULATIONS
Def i ni ti (
Purpose
Submissii
Informal
Measurem<
Air Conti
Control 1
Schedule
Malfunct
C /^h orll ll rt
OLllcUU 1 C
Reportin
Air Poll
Prohibit
Circumve
Severabi
Definiti
Classifi
Control
taminant
Sources
Open Bur
Restrict
                                         Title                  Page

                                                                 1

                                                                 2

                                            of  Emission
                                                                 3

                                             of Emissions of
                                            nants                 3

                                            n Compliance
                                                                 4
                                                                 5

                                            on                   6

                                            •y                    &

                                                                 7

                                            ;ion of Regions        9

                                            Visible Air Con-
                                            :rom Stationary
                                                                 9

                                            ig Prohibited         10

                                            i of Emission of
                                 Fugitive Dust and Gases         13
        i
(51.9)          AP-3-10            Restriction on Emissions
                                 From Incinerators               14

(51.5)          AP-3-11            Restriction on Emission of
                                 Particulate Matter From Fuel    15
                                 Burning  Equipment
                                VIII

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Revised Standard
Subject Index
(50.1.1)
(1.0)
(2.0)
(50.4)
(50.5)
(4.0)
(9.0)
(6.0)
(2.0)
(2.0)
(50.3)
(1.0)
(3.0)
(3.0)
(5.0)
(2.0)
(2.0) (
(15.0)
(14.0)
Section
Number
AP-3-12
AP-5-01
AP-5-06
AP-5-07
AP-5-08
AP-7-01
AP-7-02
AP-7-03
AP-7-04
AP-7-05
AP-7-06
AP-9-01
AP-9-02
AP-9-03
AP-9-04
AP-9-05
AP-9-06
AP-9-07
AP-9-08
        Title                  Page
Restriction of Emission of
Particul ate. Matter From
Industrial Processes            16
Definitions                     23
Classification of Regions       24
Control of Emissions of
Organic Materials From
Stationary Sources              24
Control of Carbon Monoxide
Emissions From Stationary
Sources                         31
Ambient Air Quality Standards   33
Methods of Measurement          33
Compliance Time Schedule        33
Non-Degradation Policy          33
Classification of Regions       33
Control of Nitrogen Oxides
Emissions From Stationary
Sources                         34
Definitions   .                  35
Permits to Construct New
Source; Permits to  Modify       35
Permits to Operate              38
Variance                        41
General Policy                  45
Exemptions                      45
Civil  and Criminal  Penalties    47
Public Availability of
Information                     47
  IX

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Revised Standard
Subject Index
(2.0) ,
(8.0)
(8.0)
(8.0)
(8.0)
(1.0)
(2.0)
Revised Standard
Subject Index
(9.0)
(10.0) .
(10.0)
1
(50.2)
(6.0)
(17.0)
Section
Number
AP-9-09
AP-11-01
AP-11-02
AP-11-03
AP-11-04
AP- 13-01
AP- 13-02
FEDERALLY
Section
Number
52.1878
52.1879
52.1879
52.1881
52.1882
52.1884
Title
Severability
Air Pollution Emergency
Episode Criteria
Emission Control Action
Programs
Emergency Orders
Definitions
Fee Schedule
PROMULGATED REGULATIONS
Title
Inspection and Maintenance
Program
Review of New or Modified
Indirect Sources
Review of New Sources and
Modifications
Control Strategy: Sulfur
Oxides (Sulfur Dioxide)
Compliance Schedules
Prevention of Significant
                               Page
                                47
                                49
                                49

                                51
                                52
                                57
                                58
Deterioration
Page

 67
 70

 80
 81
134
139

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(1.0)    AP-2-01.   Definitions.

        As used in all  air pollution  regulations, except as may be otherwise
        specifically provided:

        (A)   "Act" means Chapter 3704  of the  Ohio  Revised Code.

        (B)   "Air pollutant" means particulate  matter, dust,  fumes, gas, mist,
              smoke, vapor or odorous substances, or  any combination thereof.

        (C)   "Air pollution" means the presence in the ambient air of one or
              more air pollutants or  any combination  thereof  in sufficient
              quantity and of such characteristics  and duration as is or
              threatens to be injurious to human health or welfare, plant or
              animal life, or property, or which interferes with  the comfortable
              enjoyment of life or property.

        (D)   "Ambient air" means that  portion of the atmosphere  outside of
              buildings and other enclosures,  stacks, or ducts which surrounds
              human, plant, or animal life, or property.

        (E)   "Ambient air quality standards"  means ambient air quality goals
              expressed numerically and intended to be attained and maintained
              in a stated time through  the application of  appropriate preventive
              or control measures.

       • (F)   "ASME"-means the American Society  of  Mechanical  Engineers,  345  East
              47th Street, New York,  New York.

        (G)  ."ASTM" means the American Society  for Testing and Materials,
              1916 Race Street, Philadelphia,  Pennsylvania.

        (H)   "Area" means the State  of Ohio.

        (I)   "Board" means Ohio Air Pollution Control  Board.

        (J)   "Control equipment" means any device  or contrivance which  prevents
              or reduces emissions.

        (K)   "Emission" means the act of releasing or discharging any  air
              pollutant into the ambient air from any source.

        (L)   "Existing source" means any building, structure, facility,  opera-
              tion, installation or other physical  facility which emits  or
              may  emit  any air pollutant and the construction of which was
              commenced prior to the effective  date of this regulation.

        (M)   "New source" means any stationary source of pollution, the con-
              struction or modification of which is  commenced after the effective
                                              -1-

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              date  of this  regulation.

        (N)    "Modification"  means  any  physical  change  in, or change  in the
              method of operation of, a stationary  source of pollution which
              increases the amount  of any  air  pollutant emitted by such source
              or which results  in the emission of any air pollutant not pre-
              viously emitted from  the  same  location.

        (0)    "Person" means  the state  or  any  agency thereof, any political
              subdivision,  or any agency thereof, public or private corporation,
              individual, partnership,  or  other  entity.

        (P)    "Region" means  an air quality  control region as designated by the
              Secretary of  Health,  Education and Welfare, or by the Administrator,
              Environmental Protection  Agency, or by the Board.

        (Q)'    "Source" means  any operation,  or real or  personal property, or
              person which  emits or may emit any air pollutant.

        (R)    "Source operation" means  the last  operation preceding emission
              which operation (a) results  in the separation of the air contam-
              inant from the  process materials or in the conversion of the
              process materials into air contaminants,  as in the case of com-
              bustion fuel; and (b) is  not an  air pollution abatement operation.

        (S)    "Stack" means any chimney, flue, conduit, or duct arranged to
              conduct emissions to  the  ambient air.

        (T)    "Standard conditions" means  a  dry  gas temperature of seventy  (70)
              degrees Fahrenheit and a  gas pressure of  14.7 pounds per square
              inch  absolute.

        Fbrmer regulation AP-2-01 adopted  January 28,  1972, and effective
        February 15, 1972,  is repealed.

        (Adopted July 24,  1972; effective  August 7, 1972.

(2.0)    AP-2-02.  Purpose.

        It is the purpose of all air pollution regulations to set  forth  such
        requirements as shall be necessary to  secure and maintain  those  levels
        of air quality which are consistent  with the protection of health  and
        the  prevention of injury to plant, animal  life, and property  in  the
        State of Ohio, and  to provide  for  the  comfortable enjoyment of  the
        natural attractions of the  State to  the  greatest extent practical.
        All  regulations of  the  Board shall be  construed in such manner  as  to
        .effectuate this purpose.
                                             -2-

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        Former regulation AP-2-02 adopted January 28,  1972,  and effective
        February 15,  1972, is repealed.

        (Adopted July 24, 1972;  effective August 7,  1972.)

(13.0)   AP-2-03.  Submission of emission information.

        The Board may require the keeping and periodic submission of records
        and reports,  including but not limited to, information on air contami-
        nants, emissions or fuel from any or all potential  sources for purposes
        of maintaining an air pollution emission inventory  or any other reasonable
        purpose as determined by the Board.   Such information shall  be recorded,
        compiled, and submitted on forms furnished by  the Board.

(9.0)   AP-2-04.  Measurement of emissions of air contaminants.

        (A)   The Board may require any persons responsible for emission of air
              contaminants to make or have made tests  to determine the emission
              of air contaminants from any source whenever  the Board has reason
              to believe that an emission in excess of that allowed by these
              regulations is occurring or has occurred from time to time.   All
              tests shall be conducted by qualified persons and the results
              calculated in accordance with test procedures approved by the
              Board.   The owner or his authorized agent shall notify the Board
              in writing of the time, place, and person who will conduct the
              tests and the Board or its representative shall be permitted to
              witness the tests.  The Board shall be furnished with a written
              report1 of test results no later than thirty (30) days after
              completion of the tests and such report shall be signed by the
              person or persons responsible for the tests.

        (B)   The Board may conduct tests of emissions of air contaminants from
              any source.  Upon request of the Board the person responsible for
              the source to be tested shall provide necessary holes in stacks
              or ducts and such other safe and proper sampling and testing
              facilities, exclusive of instruments and sensing devices as may be
              necessary for proper determination of the emission of air con-
             • taminants1.

        (C)   The Board may install, or require the owner or operator of any
              source ofi air contamination, at his expense,  to  install, use,
              and maintain monitoring equipment, and to sample  his emissions in
             ; accordance with methods approved  by the Board.

        Former  regulation AP-2-04 adopted January 28, 1972, and effective    [
        February 15, 1972, is repealed.                                      '
         (Adopted July 2*4,  1972; effective August 7, 1972.)
                                              -3-

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(6.0)    AP-2-05.   Contrpl  plan  compliance  schedule.

        Except as  otherwise  specified,  compliance  with  the  provisions  of all
        regulations  of the Board shall  be  according  to  the  following time
        schedule:

        (A)    New  source.

              All  new sources shall  comply as  of initial  operation.
                          •

        (B)    Existing sources.

              All  owners  or  operators of existing  sources of  air  contamination
              shall  demonstrate to the  satisfaction  of  the  Board  that  such
              sources are in compliance with all regulations  of the Board.  All
              existing sources  not in compliance as  of  the  effective date of
              this regulation shall, by the time required in  AP-9-04 for sub-
              mission of  a variance application, cease  any  operation which
              results in  a violation of any regulations of  the Board,  or else
              prepare and submit to the Board, as  required  by AP-9-04,  a control
              plan,  including necessary emission data,  and  schedule for
              achieving compliance,  such plan  and  schedule  to contain  a date on
              or before which full compliance  will  be attained, and such other
              information as the Board   may require.  Such  plan may be  approved
              modified, or rejected by  the Board.   If approved by the  Board,
              such date will be the date on which  the person  shall comply.  The
              Board  may require persons submitting such a plan to submit
              subsequent  periodic reports  on progress in achieving compliance.
              If a compliance schedule  is  rejected,  the operation for  which a
              variance is sought shall  cease.

        Former regulation AP-2-05 adopted  January  28, 1972, and effective
        February 15, 1972, is repealed.

        (Adopted July 24, 1972; effective  August  7,  1972.)

(7.0)    AP-2-06.   Malfunction of equipment; scheduled maintenance; reporting.
(13.0)
        (A)    In the case of shutdown of air pollution  control equipment  for
              necessary scheduled maintenance  unaccompanied by shutdown of  the
              pollution source, the intent to  shut down such equipment shall  be
              reported to the Board at  least  twenty-four (24) hours  prior  to
              the  planned shutdown.  Such  prior notice  shall  include,  but  is  not
              limited to  the following:

              (1)    Identification and  location of the  specific  facility  to  be
                    taken out of service.
                                             -4-

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              (2)   The expected  length of time that the air pollution control
                   equipment will  be out of service.

              (3)   The nature  and  quantity of emissions of air contaminants
                   likely  to occur during the shutdown period.

              (4)   Measures such as the use of off-shift labor and equipment
                   that will be  taken to minimize the length of the shutdown
                   period.

              (5)   The reasons that it would be  impossible or impractical to
                   shut down the source operation during the maintenance period.

              (6)   A  demonstration that any interim control measures have
                   reduced or  will reduce emissions from the source during the
                   shut down period.

        (B)    In  the event  that any emission source, air pollution control
              equipment, or related facility breaks down in such a manner as  to
              cause the emission  of air contaminants in violation of this
              article, the  person responsible for such equipment shall immediately
              notify the Board  of such failure or breakdown and provide a state-
              ment giving all pertinent facts, including the estimated duration
              of  the breakdown.  The Board shall  be notified when the condition
              causing  the failure or breakdown has been corrected and the
              equipment is  again  in operation.

        (C)    The Board retains the responsibility to evaluate any report sub-
              mitted pursuant to  this section.  Upon a determination that the
              shutdown was  or has become avoidable, or was  induced or prolonged
              in  bad faith, or  that the requirements of AP-2-06(A) (4), (5),
              and (6)  have  not  been fulfilled, then the Board  shall take
              appropriate action.

(50.7)   AP-2-07.   Air  Pollution nuisances  prohibited.

        The  emission or escape  into the open air  from any source or sources
        whatsoever, of smoke, ashes, dust, dirt,  grime, acids, fumes, gases,
        vapors, odors  or  any  other  substances or  combinations  of substances,
        in such manner or  in  such amounts  as to endanger or tend to endanger
        the  health,  comfort,  safety or welfare of the public,  or is unreasonably
        offensive and  objectionable to  the public, or shall cause  unreasonable
        injury or damage  to property or  interfere with  the  comfortable enjoy-
        ment of property  or normal  conduct or  business,  is  hereby  found and
        declared  to  be a  public nuisance.   It  shall  be  unlawful  for any person
        to cause, pertnit,  or  maintain  any  such public nuisance.

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(2.0)    AP-2-08.   Circumvention.

        No person  shall  cause  or  permit  the  installation or  use of any device
        or any means  which,  without  resulting  in  reduction in  the total amount
        or air contaminant emitted,  conceals or dilutes an emission of air
        contaminant which  would otherwise  violate any  regulations of the Board.

(2.0)    AP-2-09.   Severability.

        If any provision of any regulation of  the Board or the application
        thereof to any person  or  circumstances is held to be invalid, such
        invalidity shall not affect  other  provisions or application of any
        other part of such regulations which can  be given effect without the
        invalid provisions or  application, and to this end the provisions of all
        Board regulations  and  the various  applications thereof are declared
        to be severable.
                                             -6-

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(1.0)    AP-3-01.   Definitions.

        As used in regulations  AP-3-01  to  AP-3-14,  inclusive:

        (A)    "Agricultural  wastes"  means  any refuse,  except  garbage  and  dead
              animals,  generated on  a farm or ranch by crop and  livestock
              production practices,  including such  items  as bags,  cartons,  dry
              bedding,  structural  materials,  and landscape wastes  which are
              generated in agricultural  activities.

        (B)    "Domicile waste"  means any refuse generated on  single-family
              domiciliary property as a result of domiciliary activities.   The
              term includes landscape waste,  but excludes garbage  and trade
              waste.

        (C)    "Fuel-burning equipment"  means  any furnace, boiler,  apparatus,
              stack,  and all appurtenances thereto, used  in the  process of
              burning fuel for the primary purpose of producing  heat  or power
              by indirect heat transfer.

        (D)    "Fugitive dust" means  air contaminants emitted  from  any source
              other than a flue or stack.

        (E)    "Garbage" means refuse resulting from the handling,  processing
              preparation, cooking,  and consumption of food or food products.

        (F)    "Incinerator" means any equipment, machine, device,  article,
              contrivance, structure, or part of a structure  used  to  burn
              refuse or to process refuse material  by burning other than  by
              open burning as defined herein.

        (G)    "Landscape waste" means any vegetable or plant  refuse,  except
              garbage.   The term includes trees, tree trimmings, branches,
              stumps, brush, weeds,  leaves, grass, shrubbery, yard trimmings,
              and crop residues.

        (H)    "Opacity" means a state which renders material  partially or
              wholly impervious to rays of light and causes  obstruction of an
              observer's view.

        (I)   "Open burning" means the burning of any matter  in such a manner
              that the products of combustion resulting from the burning  are
              emitted directly into the ambient air without passing through a
              stack, duct or chimney.

        (J)   "Particulate matter" means any material, except water in uncom-
              bined form, that is or has been airborne, and exists as a liquid
              or a solid at standard conditions.

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(K)   "Process weight"  means the total  weight of all  materials  introduced
      into the source operation including solid fuels,  but excluding
      gaseous fuels and liquid fuels  when they are used solely  as
      fuels and excluding air introduced for the purpose of combustion.

(L)   "Refuse" means any discarded matter; or any matter which  is  to  be
      reduced in volume, or otherwise changed in chemical  or physical
      properties* in order to facilitate its discard, removal or dis-
      posal.

(M)   "Restricted areas" means the area within the boundaries of any
      "Municipal Corporation" as defined in the Ohio  Revised Code,  plus
      a zone extending  1,000 feet beyond the boundaries of any  such
      municipality having a population of 1,000  to 10,000 and  a zone
      extending one mile beyond the boundaries of any such municipality
      having a population of 10,000 or more according to the latest
      federal census.

(N)   "Ringelmann Chart" means the chart published and described in the
      United States Bureau of Mines Information Circular 8333 (May 1967).

(0)   "Single fuel burning unit" means any enclosed combustion  chamber
      in which fuel is  burned for the primary purpose of producing
      heat or power by indirect heat transfer.

(P)   "Trade waste"  means any refuse resulting from the prosecution
      of any trade, business, industry, commercial venture, utility or
      service activity, and any government or institutional activity,
      whether or. not for profit.  The term includes landscape waste but
      excludes agricultural waste.

(Q)   "Uncontrolled mass rate of emmission" means the total weight rate
      at which particulate matter is, or in the absence of an air
      cleaning device would be, emitted from an air contaminant source
      when such source is operated at its maximum rated capacity.

Former regulation AF-3-01 adopted January 28, 1972, and effective
February 15, 1972, is repealed.

(Adopted July 24, 1972; effective August 7, 1972.)

3745-17-04  Compliance Time Schedule.

Attainment of established air quality standards for particulate matter
and sulfur dioxide within the area, through the orderly application
of pollution pontrol techniques, shall be accomplished as soon as
possible, but in no event shall such time be later than April 15,  1977.
                                      -8-

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                            Effective Date:        July  28.  1975
                            Former Rule Number:    AP-3-04
                            Promulgated under:     RC  Chap.  119
                            Statutory Authority:   RC  §3704.03

(2.0)    AP-3-06.   Classification of regions.

        (A)    Classification of regions shall  be  based  upon measured  ambient
              air quality where known or,  where not known,  estimated  air
              quality in the area of maximum pollutant  concentration.   Each
              region sha.ll be classified separately with respect  to sulfur
              oxides and psrticulate matter.   Each region  shall also  be class-
              ified into one of three categories, defined  as Priority I,
              Priority II, or Priority III.   Ambient  concentration limits
              (expressed as micrograms per cubic  meter) which  define  the
              classification system for sulfur oxides and  particulate matter  are:

                                                        PRIORITY
                                               I              II          III
                                           Greater than    From - To  Less than

        Sulfur oxides:

              Annual  arithmetic mean...     100            60-100         60

              24-hour maximum	     455     •       260-455       260

        Particulate matter:

              Annual  geometric mean....      95            60-95          60

              24-hour maximum	     325            150-325        150


        (B)   The more restrictive classification shall be chosen where there
              is a difference between the 24-hour maximum value and the annual
              average, e.g., if a region is Priority I with respect to an
              annual  average and Priority II with respect to a 24-hour maximum
              value,  the classification shall be Priority I.

(50.1.2)AP-3-07  Control of visible air contaminants from stationary sources.

        (A)   Emission limitation.

              (1)   No person shall discharge into the atmosphere from any

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                    single source  of emission  whatsoever  any  air  contaminant of
                    a  shade or density  equal to  or  darker than  that  designated
                    as No.  1 on the  Ringelmann chart  or 20 percent opacity,
                    except as set  forth in  subsection (A)(2)  and  section  (B) of
                    this  regulation.

              (2)    A  person may discharge  into  the atmosphere  from  any single
                    source of emission  for  a period or periods  aggregating not
                    more  than three  minutes in any  sixty  minutes  or  for a
                    period of time deemed necessary by the Board, air  contam-
                    inant? of a shade  or density not darker  than No.  3 on the
                    Ringelmann chart or 60  percent  opacity.

        (B)    Uncombined  water.

              It shall be deemed not to be  a violation of this  regulation where
              the presence of uncombined water is the only reason for  failure
              of an emission to meet the requirements of  this regulation.

(51.13)  AP-3-08.   Open burning prohibited.

        (A)    No person shall cause  or  allow open burning, except as provided in
              sections (B) and (D) of this  regulation.

        (B)    Exceptions  to prohibition against  open  burning.  The following
              activities  are not in  violation  of section  (A)  of this regulation.
              Nothing  in  this section shall exempt  such activities from applicable
              local restrictions.

              (1)    The open burning of agricultural  waste,  but  only:

                    (a)   On the premises on which  such waste is  generated: and

                    (b)   In areas other than  restricted  areas; and

                    (c)   When atmospheric  conditions will readily dissipate
                          contaminants, except as open burning  at night may be
                          necessary  for the protection of agricultrual crops
                          against  frost damage;  and

                    (d)   If such  burning does not  create a visibility hazard on
                          roadways,  railroad  tracks,  or air fields;  and

                    (e)   At a point on the premises  most remote  from  resi-
                          dential  or populated areas, and no  less than 1000
                          feet from  such residential  or populated areas;  and

                    (f)   After such waste  has been stacked and dried  in  a
                          manner to  provide the  best  practicable  conditions
                          for efficient burning.
                                             -10-

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(2)    The open burning of domicile waste,  but  only;
      (a)   On the premises  on  which  such  waste  is generated; and

      (b)   In areas  other than restricted areas; and
      (c)   When atmospheric conditions  will  readily dissipate
            contaminants; and
      (d)   If such burning does not  create a  visibility  hazard
            on roadways, railroad tracks,  or airfields;
      (e)   Notwithstanding paragraph (b)  of this subsection  (2),
            this exception shall apply to  residents  in  restricted
            areas who do not have regular  public or  commercial
            refuse collection service available  to them,  but  only
            until such refuse collection service becomes  available
            or until  July 1, 1975,  whichever is  sooner.
(3)   The setting of fires to combat  or limit existing  fires, when
      necessary in the judgment of the fire chief having  juris-
      diction.
(4)   The burning of fuels for legitimate  campfire  and  cooking
      purposes, or in domestic fireplaces, in areas  where such
      burning is consistent with other laws, provided  that no
      garbage shall be burned in such cases.
(5)   The burning of waste gases, provided that in  the  case of
      refineries all such flares shall be  equipped  with smokeless
      tips or comparable devices to reduce pollution.
(6)   Small open flames for heating tar, for welding,  acetylene
      torches, highway safety flares,and the like.
(7)   Open burning for the following purposes when  a written
      request for permission to conduct such burning is submitted
      to the Board and written permission  is granted by the Board;
      (a)  • For  instruction in methods of fire fighting when such
            burning is part of a prescribed course in methods of
            fire fighting, or for research in control  of fires;
    •  (b)   For  the destruction of vegetation on site under circum-
            stances in which its removal would necessitate signifi-
            cant environmental damage, and where no environmentally
            sound means  of  removal exists.
      (c)   For  research conducted, supervised or approved by
            federal,  state  or local agencies in or management or
                                -11-

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               1   wildlife  habitat,  marsh,  prairie,  forest, and  natural
                  area  ecosystems.

            (d)    For  the destruction  of  landscape wastes, provided
                  that  such burning  shall not  occur;

                       (i)    In  restricted  areas; or

                      (ii)    In  non-restricted areas,  unless  burning
                             is  conducted with the aid of an  air-curtain
                             destructor or  other device at least as
                             effective to reduce emissions substantially
                             and atmospheric conditions are such as to
                             readily dissipate contaminants,  and such
                             burning does not  create a visibility hazard
                             on  roadways, railroad tracks, or airfields;
                             or

                     (iii)    Within  1,000 feet of any  residence  or other
                             populated area.

            (e)    For  the emergency  destruction of oil  sludges in petro-
                  leum  production for  safety reasons where alternative
                  means including product recovery are impracticable;
                  provided, that when  emergency conditions require, such
                  burning may be done  without  written  permission and a
                  report shall be filed with the Board within ten days,
                  thereafter, indicating  the place and time of such
                  burning,  the quantities burned, the  meteorological
                  conditions, and the  reasons  why emergency burning was
                  necessary.

(C)    Application for  permission to  open  burn.

      (1)    An application  for permission to open burn shall  be  in such
            form and shall  contain such  information  as shall  be  required
            in procedures adopted by the  Board. Such  application shall
            contain, as a minimum, data  and information sufficient to
            inform the  Board with respect to:  the quantities  and types
            of material to  be burned;  the nature and quantities  of air
            contaminant emissions which will result, where possible to
            determine;  the  frequency,  including the  date where appropriate,
            when such  burning will  take  place; the  location of the
            burning site,  including  a  map showing distances  to residences,
            populated  areas, roadways, air  fields, and other  pertinent
            landmarks;  the  methods or  actions  which  will be  taken to
            reduce the  emission  of air contaminants;  the reasons why
            alternatives to open burning  are not available; and  the
            reasons why such burning is  necessary  to the public  interest;
                                       T 9
                                      — tt.

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                   and the subsection of this regulation which authorizes
                   said open burning.

              (2)   Permission to open burn shall not be granted unless the
                   applicant proves to the satisfaction of the Board that the
                   open burning: is necessary to the public interest; will
                   be conducted in such a time, place and manner as to mini-
                   mize the emission of air contaminants; will have no serious
                   detrimental effect upon adjacent properties or the occu-
                   pants  thereof.  The Board may impose such conditions as
                   may be necessary to accomplish the purposes of this
                   regulation.

              (3)   Permission to open burn shall be required for each specific
                   project.

              (4)   Violation of any of the conditions set forth by the Board
                   in granting permission to open burn shall be grounds for
                   revocation of such permission as well as for other sanctions
                   provided in the Act.

        (D)    Hazardous wastes.

              Open  burning of wastes creating a  hazard of explosion,  fire, or
              other serious  harm, unless  authorized  by other provisions in this
              regulation,  shall be  permitted only upon application for and
              granting of written permission by  the  Board as provided by
              section (C) of this regulation.
                        i
        Former regulation AP-3-08 adopted January 28,  1972, and effective
        February 15,  1972.,  is  rescinded.

        (Adopted July 24,  1972; effective August 7,  1972.)

(50.1)   AP-3-09.  Restriction  of emission of  fugitive  dust and gases.

        (A)    No person  shall  cause or  permit  any materials  to be  handled,
              transported,  or  stored; or  a building  or its appurtenances  or  a
              road to be  used,  constructed, altered,  repaired, or  demolished
              without taking reasonable  precautions  to prevent particulate
              matter  from becoming  airborn.   Such  reasonable  precautions  shall
              include,  but not be  limited to,  the  following:

              (1)   Use,  where possible,  water or chemicals  for  control of dust
                    in the demolition  of  existing  buildings  or  structures,
                    construction  operations,  the grading  of  roads  or  the
                    clearing of land;
                                              -IS-

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             (2)   Application of asphalt, oil, water, or suitable chemicals
                   on dirt roads, materials stockpiles, and other surfaces
                   which can create airborne dusts;

             (3)   Installation and use of hoods, fans, and control  equipment
                   to enclose, contain, capture and vent the handling of
                   dusty materials,  Adequate containment methods shall  be
                   employed during sandblasting or other similar operations;

             (4)   Covering, at all times when in motion, open bodied
                   vehicles transporting materials likely to become airborne;

             (5)   Conduct of agricultural practices such as tilling of land,
                   application of fertilizers, etc., in such manner as to pre-
                   vent dust from becoming airborne;

             (6)   The paying of roadways and their maintenance in a clean
                   condition;

             (7)   The prompt removal of earth or other material from paved
                   streets onto which earth or other material  has been de-
                   posited by trucking or earth moving equipment or erosion
                   by water or other means.

       (B)   When dust, furnes, gases, mist, odorous matter, vapors,  smoke,
             other particulate matter or any combination thereof escape from
             a building or equipment in such manner and amount as to cause
             a nuisance or to violate AP-3-07 or any other regulation, the
          ,   Board may order that the building or equipment in which
             processing, handling and storage are done be tightly closed and
             ventilated in such a way that all air and gases and air or gas-
             borne material leaving the building or equipment are treated
             by removal,or destruction of air contaminants before discharge
             to the open air.

       Former regulation AP-3-09 adopted January 28, 1972, and effective
       February 15, 1972, is repealed.

       (Adopted July 24, 1972; effective August 7, 1972.)

(51.9)   AP-3-10.   Restriction on emissions from incinerators.

        (A)    General  provisions.
                    i
              (1)    This regulation shall  apply to any incinerator used  to
                    dispose of refuse or other wastes by burning and to  the
                    processing or salvable material  by burning.   Notwithstanding
                    definitions in other regulations, as used  in this regulation
                    the word refuse includes garbage, rubbish, trade wastes,
                                             -14-

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                    leaves,  salvable material, agricultural wastes, and other
                    wastes.

              (2)    The  burning  capacity  of  an incinerator shall be the
                    manufacturer's  or  designer's guaranteed maximum rate or
                    such other rate as may be determined by the Board in
                    accordance with good  engineering  practices.  In case of
                    conflict, the determination made  by the Board shall govern.

              (3)    The  amount of particulate matter  emitted from any incinerator
                    shall  be determined according  to  American  Society of
                    Mechanical Engineer's Power Test  Codes - PTC-27 dated  1957
                    and  entitled "Determining Dust Concentrations in a Gas
                    Stream", which  publication is  made part of this regulation
                    by reference.   Emission  tests  shall be conducted at maximum
                    burning  capacity of the  incinerator.

              (4)    For  the  purposes of this regulation the total of the
                    capacities of all  furnaces within one  system shall be  con-
                    sidered  as the  incinerator capacity.

        (B)    Emission limitation.

              No person  shall cause, suffer, or allow to be emitted into the
              atmosphere from any  incinerator or  to pass a convenient measuring
              point near the stack  outlet,  particulate matter  in the exhaust
              gases to exceed: 0.10 pounds  per  100 pounds  of combustible refuse
              charged, for incinerators having capacities  equal  to or greater
              than 100 pounds per  hour; or  0.2 pounds per  100  pounds of combus-
              tible refuse charged  for incinerators having capacities less than
              100 pounds per hour.

        (c)    Design-operation requirements.

              Incinerators,  including  all associated equipment and grounds,
              shall be designed, operated and maintained so as to  prevent  the
              emission of objectionable odors.

(51.5)  AP-3-11.  Restriction on emission of particulate matter from fuel
                  burning equipment.

        (A)    General  provisions.      ;

              (1)   This regulation applies to  installations  in which  fuel is
                    burned for  the primary purpose of producing heat or  power
                    by indirect  heat  transfer.   Fuels include  those  such  as
                    coal, coke,  lignite,  coke  breeze, fuel  oil,  and wood  but do
                    not  include  refuse.   When  any products or  by-products  of a
                    manufacturing process are  burned for  the  same  purpose  or  in
                                              -15-

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            conjunction  with  any  fuel,  the  same  maximum  emission
            limitations  shall  apply.

      (2)    The  nest  content  of coal  shall  be  determined according  to
            ASTM method  D-271-68  Laboratory Sampling  and Analysis of
            Coal  or Coke or ASTM  method D-2015-66  Gross  Calorific Value
            of Solid  Fuel  by  the  Adiabatic  Bomb  Calorimeter, which
            publications are  made a  part of this section by  reference.

      (3)    For  purposes of this  regulation the  heat  input shall be .
            the  aggregate heat content  of all  fuels whose products  of
            combustion emanate from  a single fuel  burning unit.  The
            heat input value  used shall  be  the equipment manufacturer's
            or designer's guaranteed maximum input, whichever  is
            greater.  The total heat input  of  all  fuel burning units on  a
            plant or  premises which  are united either physically or
            operationally, shall  be  used for determining the maximum
            allowable amount  of particulate matter which may be emitted
            from any  single fuel  burning unit.

      (4)    The  amount of particulate matter emitted  shall be  measured
            according to the  American Society  of Mechanical  Engineer's
            Power Test Codes  - PTC-27 dated 1957 and  entitled
            "Determining Dust Concentrations in  a  Gas Stream", which
            publication  is made a part  of this section by reference.

(B)    Emission limitations.

      (1)    No person shall cause, suffer,  allow or  permit the emission
            of particulate matter, caused by combustion  of fuel in  fuel-
            burning equipment from any  stack or  chimney  in excess of  the
            quantity  set forth in the following  Figure I.

      (2)    All  persons  located within  air quality control regions  class-
            ified as  Priority I Regions shall  attain  or  exceed that
            degree of emission reduction specified by Curve  P-l by  the
            effective date of this regulation.

      (3)    All  persons  located within  air quality control regions
            classified as Priority II and III  Regions shall  attain  or
            exceed that  degree of emission  reduction  specified by Curve
            P-2  by the effective  date of this  regulation.

(Adopted July 6, 1972; effective  July 17, 1972.)

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(50.1.1)AP-3-12.   Restriction  of emission  of particulate  matter  from industrial
                  processes.
                       i
        (A)    General  previsions.

              (1)    This  regulation applies  to any operation,  process,  or
                    activity  from which  particulate matter  is  emitted except
                    (a)  the burning of fuel  for the primary purpose  of  pro-
                    ducing heat or power by  indirect heating in  which the
                    products  of combustion do not come  into direct contact with
                    process materials, (b) the burning  of refuse,  and (c) the
                    processing of salvageable material  by burning.

              (2)    Emission  restriction requirements for sources  not exempted
                    under subsection (A)(l)  above are specified  in Figure IX and
                    in Table  I.  Figure  II relates Uncontrolled  Mass Rate of
                    Emission  (abscissa)  to maximum allowable mass  rate  of
                    emission  (ordinate).  Table I relates process  weight of
                    materials  introduced into any specific  process that may
                    cause any  emission of  particulate matter to  maximum allowable
                    mass  rate  of emission.  Table I shall  apply  in Priority  I
                    regions where the Uncontrolled Mass Rate of  Emission cannot be
                    ascerteined and where  an emission factor characterization for
                    the process is unknown.   Curve P-l  of Figure II  shall apply
                    in priority I regions  where the Process Weight Rate cannot
                    be ascertained.  In  all  cases, the  more stringent of the
                    two 'requirements shall apply where  both are  termed  applicable.

              (3)    Compliance with the  limits specified in section  (B) of  this
                    regulation shall be  determined by sampling and other measure-
                    ments made at the air  contamination source or sources prior
                    to the point at which  air contaminants  are emitted  to the
                    atmosphere.'  The uncontrolled mass  rate of emission may  be
                    determined by sampling in the stack upstream from the inlet
                    of the control equipment.  Estimating techniques approved
                    by the Board may be substituted for the above required  source
                    testing.

              (4)    Emission  tests relating  to this regulation shall be made
                    folTowing  the standards  in the American Society  of  Mechanical
                    Engineers  Power Test Codes ii - PTC-27 dated 1957 and entitled,
                    "Determining Dust Concentration in  a Gas Stream", or as
                    modified  by the Board  to suit specific sampling  needs or
                    conditions.

              (5)    For purposes of Figure II, the total  uncontrolled mass  rate
                    6f emission from all similar process units at a  plant,  such
                    units being united either physically or operationally,  or
                                             -18-

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            otherwise  located  in  close  proximity  to each other, shall be
            used  for determining  the maximum  allowable mass rate of
            emission of particulate matter  that passes through a stack
            or stacks.

      (6)    For purposes of Table I, process  weight per hour  is the
            total  weight of all materials introduced  into any single,
            specific process that may cause any emission of particulate
            matter.  Solid  fuels  charged will  be  considered as part  of
            the process weight, but liquid  and gaseous fuels  and com-
            bustion  air will not. For  a cyclical  or  batch operation,
            the process weight per hour will  be derived by dividing
            the total  process  weight by the number of hours in one
            complete operation from the beginning of  any given process
            to the completion  thereof,  excluding  any  time during which
            the equipment is idle. For a continuous  operation, the
            process  weight  per hour will be derived by dividing the
            process  weight  for a  typical period of time.

(B)    Emission limitations.

      (1)    No person  shall cause, suffer,  allow, or  permit the emission
            of particulate  matter in any one  hour from any source  in
            excess of  the amount  shown  in the following  Figure  II.

      .(2)    All persons located within  air  quality control regions  class-
            ified as Priority  I regions shall attain  or  exceed  that
            degree of  emission reduction specified by Curve P-l of
            Figure II  or by Table I, whichever is applicable  under
            subsection (A)(2)  by  the effective date  of  this regulation.

      (3)    All 'persons located within  air  quality control regions
            classified as Priority II  regions shall  attain or exceed
            that degree of emission  reduction specified  by Curve  P-2 of
            Figure II  by the effective  date of this  regulation.
                                      -19-

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             TABLE I



ALLOWABLE RATE OF EMISSION BASED ON



        PROCESS WEIGHT RATE
PROCESS
RATE
Lb/Hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
WEIGHT
Tons/Hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50 '
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
6.00
RATE OF
EMISSION
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
PROCESS WEIGHT
RATE
Lb/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000

Tons/Hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.

RATE OF
EMISSION
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7


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      Interpolation  of the  data  in  this  table  for  process weight  rates
      up to 60,OQO Ib/hr shall be accomplished by  use  of the  equation
      E = 4.10 P °-6', and  interpolation and extrapolation  of the data
      for process weight rates in excess of 60,000 Ib/hr shall  be
      accomplished by use of the equation: E = 55.0 p  O.ll  .  40,  where
      E = rate of emission  in Ib/hr and  P = Process weight  rate in
      tons/hr.

      (4)   All  persons located  within air quality control  regions
            classified as Priority  III regions shall attain or exceed
            that degree of  emission reduction  specified by  Curve  P-3
            of Figure II by the  effective date of  this regulation.

(Adopted July 6, 1972; effective July 17, 1972.)
                                      -22-

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(1.0)    AP-5-01.   Definitions.

        As used in regulations  AP-5-0]  to  AP-5-08,  inclusive:

        (A)   "Organic material"  means  any chemical  compound containing carbon,
              excluding carbon  monoxide,  carbon  dioxide,  carbonic  acid, metallic
              carbides, metallic  carbonates,  and ammonium carbonate.

        (B)   "Liquid organic material" means any organic material which  is a
              liquid at standard  conditions.

        (C)   "Photochemically  reactive material" means any liquid organic
              material with an  aggregate  of more than  20  percent of  its total
              volume composed of  the  chemical compounds  classified  below or
              which exceeds any of the following individual percentage composition
              limitations,  referred to the total volume of liquid:

              (1)   A combination of hydrocarbons, alcohols, aldehydes, esters,
                    ethers, or  ketones having an olefinic or cyclo-olefinic type
                    of unsaturation: 5 percent;

              (2)   A combination of aromatic hydrocarbons with eight or  more
                    carbon  atoms  to the molecule except ethyl  benzene:
                    8 percent;

              (3)   A combination of ethylbenzene, ketones having  branched
                    hydrocarbon structures, trichloroethylene  or  toluene: 20
                    percent.

              Whenever any  organic material or any constituent of  an organic
              material may  be classified  from its chemical structure into more
              than one of the above groups of organic  compounds,  it  shall be
              considered as a member of the most reactive chemical group, that
              is, that group having the least allowable percent of the  total
              volume of liquid.

        (D)   "Volatile photochemically reactive material" means  any photo-
              chemical ly reactive material which has a vapor  pressure of  1.5
              pounds per square inch absolute or greater  under actual storage
              conditions.•

        (E)   "Submerged fill pipe" means any fill pipe  the  discharge opening
              of which is entirely submerged when the  liquid  level is six (6)
              inches above  the  bottom of  the tank; or  when applied to a  tank
              w.hich is loaded  from the side,  shall  mean  any fill  pipe the
               discharge  opening  of which  is  entirely  submerged when  the  liquid
               level  is eighteen  (18)  inches  above  the bottom  of the  tank.

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        (F)    "Effluent water separator"  means  any  tank,  box,  sump,  or  other
              container in which  any volatile  photochemically  reactive  material
              floating on or entrained or contained in  water entering such  tank,
              box,  sump, or ether container is  physically separated  and removed
              from such water prior to outfall, drainage, or recovery of such
              water.

        (G)    "Architectural  coating" means any coating used for  residential
              or commercial buildings and their appurtenances,  or industrial
              buildings.

(2.0)    AP-5-06.  Classification  of regions.

        (A)    Classification of regions shall  be based  upon measured ambient air
              quality where known or, where not known,  estimated  air quality in
              the area of maximum pollutant concentration.   Each  region shall  be
              classified separately with  respect to carbon monoxide  and photo-
              chemical oxidants.   Each region  shall also be classified  into
              one of two categories, defined as Priority I or  Priority  III.
              Classifications with respect to  hydrocarbons will  be the  same as
              the classifications with respect to photochemical  oxidants.
              Ambient concentration limits which define the classification
              system are:

              (1)   Carbon monoxide:  Priority I:  Equal  to or above 55 milligrams
                    per cubic meter (48 ppm),  1-hour maximum,  or 14  milligrams
                    per cubic meter (12ppm), 8-hour maximum; Priority  III:
                    Below such values.

              (2)   Photochemical oxidants:  Priority I:   Equal  to or above 195
                    micrograms per cubic  meter (0.10 ppm), 1-hour maximum;
                    Priority III:  Below such  value.

        (B)    In the absence of measured  data  to the contrary  classification
              with respect to carbon monoxide,  hydrocarbons and photochemical
              oxidants will be based on the following estimate of the  relation-
              ship between these pollutants and population:  Any region con-
              taining an area whose 1970 "urban place"  population, as  defined
              in the United States Bureau of Census, exceeds 200,000 will  be
              classified Priority I.  All other regions will be classified
              Priority III.

(50.4)  AP-5-07.  Control of emissions of organic materials from stationary
                  sources.

        (A)    These regulations are applicable to all existing stationary sources
              located within a Priority I region and to all new stationary
              sources regardless of location.
                                              -24-

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             (B)    Except as otherwise provided in these regulations, all new
                   stationary emission sources of photochemically reactive materials
                   shall minimize such emissions by use of the latest available
                   control  techniques and operating practices in accordance with best
                   current  techno'logy.

             (C)    Nothing  in this  regulation shall be construed to preclude the use
                   of  alternative means  to  abate emissions, if such alternative is
                   approved by  the  Board and will not result in emissions significantly
                   greater  than would result from the application of the means
                   specified herein.
                             i
             (D)    Storage  of volatile photochemically reactive materials.

                   (1)  No person  shall place, store, or hold in any stationary tank
                        reservoir  or other container of more than 65,000 gallons
                        capacity any volatile photochemically reactive material unless
                        such tank, reservoir, or other container is a pressure tank
                        capable cf maintaining working pressures sufficient at all
                        times  to prevent  vapor or gas loss to the atmosphere or is
                        designed,  and equipped with one of the following vapor loss
                        control devices:

                         (a)    A floating  pontoon or double-deck type cover equipped
!                               with closure seals to enclose any space between  the
                               cover's edge and compartment wall.  This  control
]                          '     equipment shall not be permitted if the volatile photo-
;                               chemically  reactive material has a vapor  perssure of
                               12.5 pounds  per square inch absolute  or greater  under
!                               actual storate conditions.  All tank  gauging or  sampling
[                               devices shall be gas-tight except when tank  gauging  or
                               sampling  is  taking place.

|                         (b)    A  vapor  recovery system which  reduces  the emission of
                               organic materials  into the atmosphere  by  at  least 90
                               percent by  weight.  All  tank  gauging  or sampling devices
                               shall be  gas-tight except when  tank  gauging  or sampling
                               is  taking place.

                         (c)    Other equipment  or means  of  equal  efficiency for pur-
                               poses of  air pollution  control  as  may be  approved  by
                               the  Board.

                   (2)   No person shall place,  store,  or hold in any stationary
                         storage vessel  of more than 500-gallon  capacity any  volatile
                         photochemically reactive material  unless  such  vessel  is  equip-
                         ped with   a permanent submerged fill  pipe,  is loaded through
                         the use of a portable loading tube which can be inserted
                         below the liquid level  line during loading
                                                   -25-

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            operations,  or is  a  pressure  tank  as  described  in  sub-
            section (D)(l) of  this  regulation  or  is  fitted  with  a
            vapor recovery system as  described in subsection  (D)(l)(b)
            of this regulation.

(E)    Volatile photochemically reactive materials loading facilities.

      (1)    No person shall  load in any one  day more than 40,000
            gallons of any volatile photochemically  reactive material
            into any tank truck, trailer,  or railroad tank  car from
            any loading  facility unless the  loading  facility is  equipped
            with a vapor collection and disposal  system  properly
            installed, in good working order,  in  operation, and  consis-
            ting of one  of the following:

            (a)   An adsorber  system  or condensation system which
                  processes and  recovers  at  least 90 percent by  weight
                  of all  vapors  and gases  from the equipment being
                  controlled.

            (b)   A vapor handling  system  which directs  all vapors to e
                  fuel gas system.

            (c)   Other  equipment or  means for purposes  of  air pollution
                  control as may be acceptable to and approved by  the
                  Board.

      (2)    All loading  from facilities subject to the provisions  of
            subse.ction (E)(l)(a) and  (E)(l)(b) of this regulation  shall
            be accomplished in such a manner that all displaced  vapors
            and gases shall  be vented only to  the vapor  collection
            system.  A means shall  be provided to prevent liquid drainage
            from the loading device when  it  is not in use or  to  accomplish
            complete drainage  before  the  loading  device  is  disconnected.

(F)    Volatile photochemically reactive material/water separation.

      (1)    No person shall  use any compartment of any vessel  or device
            operated for the recovery of  volatile photochemically  reactive
            materials from an  effluent water separator which  recovers 200
            gallons a day or more of  any  volatile photochemically  reactive
            material unless such compartment is equipped with  one  of the
            following vapor loss control  devices, properly  installed, in
            good working order and  in operation:

            (a)   A solid cover with  all  openings sealed and  totally
                  enclosing the liquid contents of the compartment.   All
                  gauging and  sampling devices shall be  gas-tight  except
                  when gauging or sampling is  taking place.
                                     -26-

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            (b)    A  floating  pontoon or double-deck type cover equipped
                  with  closure  seals to enclose any space between the
                  cover's  edge  and  compartment wall.  All gauging and
               ,   sampling devices  sh.all  be  gas-tight except when
                  gauging  or  sampling  is  taking place.

            (c)    A  vapor  recovery  system which reduces the emission of
                  organic  materials into  the atmosphere by at least
                  90 percent  by weight.   All  gauging and sampling devices
                  shall  be gas-tight except  when  gauging or sampling is .
                  taking place.

            (d)    Other equipment or means of air pollution control as
                '  may be approved by the  Board.

(G)    Operations  using  liquid organic  materials.

      (1)   A person shall not  discharge  more than 15 pounds of  organic
            materials into the  atmosphere in any  one day, nor more  than .
            3 pounds in any one hour,  from any article, machine, equip-
            ment,  or other contrivance in which any  liquid organic  material
            or substance containing liquid organic material comes  into
            contact  with flame  or is baked,  heat-cured, or heat-poly-
            merized, in the presence of oxygen, unless  said discharge
            has  been reduced by at  least 85  percent.

      (2)   A person shall not  discharge more than 40 pounds of  organic
            material into the atmosphere in  any one  day,  nor more  than
            8 pounds in any one hour,  from any article, machine, equip-
            ment,  or other contrivance used  under conditions other  than
            described in subsection (G)(l) of this regulation  for
            employing,  applying, evaporating or drying  any  photochemically
            reactive material,  unless  said discharge has  been  reduced
            by at least 85 percent.

      (3)   Any series of articles, machines, equipment or  other contri-
            vances designed for processing a continuously moving sheet, '
            web,'strip, or wire which  is subjected to  any combination  of
            operations described in subsection  (G)(l)  or  (G)(2)  of this
            regulation involving any photochemically reactive  material,
            or substance containing such photochemically  reactive
            material, shall be subject to compliance with subsection
            (G)(2) of this regulation.  Where only nonphotochemically
            reactive materials or substances containing only  nonphoto-
            chemically reactive materials are employed  or applied,  and
            where any portion or portions of said series  of articles,
            machines, equipment, or other contrivances  involves  operations
            described in  subsection (G)(i) of this regulation, said
            portions shall be collectively subject to compliance with
            subsection  (G)(l) of this  regulation.
                                      -28-
                                                  Preceding page blank

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(4)   Emissions of organic  materials  to  the  atmosphere  from  the
      cleanup with photochemically reactive  materials of any
      article, machine,  equipment, or other  contrivance described
      in .subsection (G)(l), (G)(2), or (G)(3)  of  this regulation,
      shall  be included  with the  other emissions  of  organic
      materials from that article, machine,  equipment,  or other
      contrivance for determining compliance with this  regulation.

(5)   Emissions of organic  materials  to  the  atmosphere  resulting
      from air or heated drying of products  for the  first 12 hours
      after their removal from any article,  machine, equipment, or
      other contrivance  described in  subsection (G)(l), (G)(2), or
      (G)(3). of this regulation,  shall be  included with other
      emissions of organic  materials  from  that.article, machine,
      equipment, or other contrivance, for determining  compliance
      with this regulation.

(6)   Emissions of organic  materials  into  the  atmosphere required
      to be controlled by subsection  (G)(l), (G)(2), or (G)(3)
      of this regulation, shall be reduced by:

      (a)   Incineration, provided that  90 percent or more of the
            carbon in the organic material being  incinerated is
            oxidized to  carbon dioxide,  or

      (b)   Adsorption,  or

      (c)   Processing in a manner determined  by  the Board to be
            not less effective than (a)  or (b) above.

(7)   A person incinerating, adsorbing,  or otherwise processing
      liquid organic materials pursuant  to this rule shall provide,
      properly install,  and maintain  in  calibration, in good
      working order and  in  operation, devices  as  specified in the
      authority to construct or the permit to  operate,  or as
      specified by the Board, for indicating temperatures, pressures,
      rates of flow, or  other operating  conditions necessary to
      determine the degree  and effectiveness of air  pollution
      control.

(8)   Any person using liquid organic materials or substances
      containing liquid  organic materials  shall supply  the Board,
      upon-request and in the manner  and form  prescribed by  the
      Board, written evidence of  the  chemical  composition, physical
      properties, and amount consumed for  each organic  solvent  used.

(9)   The provisions of  section (G) of this  regulation  shall not
      apply to:
                               -29-

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(a)   The use of equipment for which other requirements  are
      specified by sections (D), (E), and (F)  of this
      regulation, or which are exempt from .air pollution
      control requirements by said sections.

(b)   The spraying or other employment or insecticides,
      pesticides, or herbicides.

(c)   The use of any material, in any article, machine,  equip-
      ment or other contrivance described in  subsection  (G)(l),
      (6)(2), (G)(3), or (G)(4) of this regulation,  if:

        (i)   the volatile content of such material  consists
              only of water and liquid organic material, and

       (ii)   the liquid organic material comprises  not  more
              than 20 percent of said volatile content,  and

   . .  (iii)   the volatile content is not a photochemically
              reactive material.

(d)   The use of any material, in any article, machine,  equip-
      ment or other contrivance described in  subsection  (G)(l),
      (G)(2), (G)(3), or (G)(4) of this regulation,  if:

        (i)   the volatile content of such material  does not
              exceed 20 percent by volume of  said material,
              and

       (ii)   the volatile content is not a photochemically
              reactive material.

(e)   The use, in any article, machine, equipment, or  other
      contrivance described in subsection (G)(l),  (G)(2),
      (G)(3), or (G)(4), of liquid organic materials which
      exhibit a boiling point higher than 220°F at 0.5 milli-
      meter mercury absolute pressure, or having an  equivalent
      vapor pressure, unless such liquid organic material  is
      exposed to temperatures exceeding 220°F.
(f)   The use of any material,  in  any article,  machine,  equip-
      ment or other contrivance described  in  subsection  (G)(l),
      (G)(2), (G)(3), (G)(4),  if it can  be demonstrated  to
      the Board's satisfaction  that the  emissions  of organic
      materials  into the  atmosphere from such article,
      machine, equipment  or other  contrivance are  not photo-
      chemical^ reactive.
                         -30-

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        (H)   Architectural coatings.

             (1)   A  person  shall  not  sell or offer for sale for use in con-
                   tainers of  greater  than 1-gallon capacity, any architectural
                   coating containing  a  photochemically reactive material.

             (2)   A'person  shall  not  employ, apply, evaporate, or dry any
                   architectural  coating, purchased in containers of greater
                   than  1-gallon  capacity, containing a photochemically reactive
                   material.

             (3)   A  person  shall  not  thin or dilute for application any
                   architectural  coating with a  photochemically reative material.

        (I)   Disposal  and evaporation  of solvents.

             A  person shall  not,  during  any  one  day, dispose of a total of more
             than  1 h gallons  of  any volatile photochemically reactive material,
             or dispose  of any substance containing more than 1 \ gallons of
             any volatile photochemically reactive material, by any means which
             will  permit the evaporation of  such volatile  photochemically
             reactive material  into  the  atmosphere.

        (J)   Waste gas disposal.

             (1)   No person shall emit  a waste  gas stream from any ethylene
                   producing plant or  other  ethylene emission source  into the
                   atmosphere  unless the waste gas stream  is properly burned
                   at 1,300°F  for 0.3  seconds or greater in a direct-flame
                   afterburner or an equally effective device as may  be approved
                   by the Board.

             (2)   No person shall emit  organic  materials  to the atmosphere from
                   a  waste gas flare system  unless such materials are burned by
                   smokeless flares, or  an equally effective control  device as
                   approved  by the Board.

             (3)   The provisions of subsection  (J)(l) and (J)(2) of  this regu-
                   lation  shall  not  apply to emissions from emergency relief
                   and vapor blowdown  systems.   Emissions  from emergency  relief
                   and vapor blowdown  systems shall be controlled upon  special
                   order of  the Board  by burning by smokeless flare,  or equally
                   effective device  as may be approved by  the Board.

(50.5)   AP-5-08. Control of  carbon monoxide  emissions from stationary sources.

        (A)   These regulations are applicable to all existing stationary  sources
             located  ,within  a  Priority I region  and to all new  stationary sources
             regardless  of  location.
                                             -31-

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(B)   Except as  otherwise  provided in  these  regulations,  all  new
      stationary carbon monoxide emission  sources  shall minimize
      carbon monoxide  emission  by use  of the best  available  control
      techniques and  operating practices  in accordance with best
      current technology.

(C)   Nothing in this  regulation shall  be  construed  to preclude the  use
      of alternative means to abate emissions,  if  such alternative is
      approved by the  Board and will not result in emissions signifi-
      cantly greater than  would result from  the application  of the
      means  specified  herein.

(D)   Process equipment.
                i   >
      No person  shall  emit the  carbon  monoxide  gases generated during
      the operation of a grey iron cupola, blast furnace,  or basic oxygen
      steel  furnace unless they are burned at 1,300°F for  0.3 seconds
      or greater in a  direct-flame afterburner  or  equivalent device
      equipped with an indicating pyrometer  which  is positioned in the
      working area at  the  operator's eye level.

(E)   No person  shall  emit carbon monoxide waste gas stream  from any
      catalyst regeneration of  a petroleum cracking  system,  petroleum
      fluid  coker, or  other petroleum  process into the atmosphere, unless
      the waste  gas stream is burned at 1,300°F for  0.3 seconds or greater
      in a direct-flame afterburner or boiler equipped with  an indicating
      pyrometer  which  is positioned in the working area at the operator's
      eye 1 eve!.
                                     -32-

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(4.0)   AP-7-01.   Ambient, air quality standards.

        The ambient air quality standard for nitrogen  dioxide  to  be  applicable
        throughout the area shall  be as follows:

        The maximum annual  arithmetic mean concentration  shall  not exceed  one
        hundred (100) micrograms per cubic meter.

(9.0)   AP-7-02.   Methods of measurement.

        (A)   For purposes  of ascertaining, defining,  and measuring  ambient  air
              quality, nitrogen dioxide shall  be  measured by the  methods  stated
              in division (B) of this regulation  or by such  other methods  as may
              be approved by the Board.  Such  measurements shall  be  corrected
              to standard conditions for purposes of comparing measurements  with
              the ambient air quality standard set forth  in  regulation  AP-7-01.

        (B)   Concentrations of nitrogen dioxide  shall  be determined through
              twenty-four (24) hour intermittent  sampling utilizing  the Jacobs-
              Hochheiser procedure described in the Federal  Register, Volume 36,
              Number 84, Friday, April  30, 1971,  or through  the use  of  continuous
              sampling and  recording devices utilizing colorimetric  or  spectro-
              photometric analytical techniques.

(6.0)   AP-7-03.   Compliance time schedule.

        Attainment of the established ambient air quality standard for  nitrogen
        dioxide within the  area, through the orderly application  of  pollution
        control techniques, shall  be accomplished as soon as possible,  but in  no
        event shall such time be later than July  1, 1975.

(2.0)   AP-7-04.   Non-degradation policy.

        The significant and avoidable deterioration of air quality in any part
        of the area where presently existing air  quality  is  equal to or better
        than that required  by regulation AP-7-01  shall  be prohibited.

(2.0)   AP-7-05.   Classification of regions.

        (A)   Classification of regions shall  be  based upon  measured ambient air
              quality where known or, where not known, estimated  air quality in
              the area of maximum pollutant concentration.  Each  region shall  be
              classified with respect to nitrogen dioxides into one  of  two
              categories, defined as Priority I or Priority  III.  Ambient
              concentration limits which define the classification system are:
              Priority I: Equal to or above 110 micrograms oxides of nitrogen
              (as nitrogen  dioxide) per cubic meter (0.6  ppm), annual  arithmetic
              mean; Priority III:   Below such value.
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        (B)    In the absence of measured data  to  the  contrary,  classification
              will  be based on  the following estimate of the  relationship
              between nitrogen  dioxide and  population:   Any region  containing  an
              area  wh,ose 1970 "urban place" population,  as defined  in  the
              United States Bureau of Census,  exceeds 200,000 will  be  classified
              Priority I.   All  other regions will  be  classified Priority  III.

(50.3)   AP-7-06.  Control  of nitrogen oxides emissions from stationary sources.

        (A)    These regulations are applicable to all  existing  stationary  sources
              located1 within a  Priority I region  and  to  all new sources regardless
              of location,

        (B)    Except as otherwise provided  in  these regulations, all stationary
              nitrogen oxide emission sources  shall minimize  nitrogen  oxide
              emissions by use  of the latest available control  techniques  and
              operating practices in accordance with  best current technology.

        (C)    Combustion sources.

              (1)   No person shall cause or permit emissions of nitrogen  oxides,
                    calculated  as nitrogen  dioxide, from a gas-fired boiler  with a
                    capacity of 250 million B.T.U./hr. or more  and  completed
                    before the  effective date  of  this regulation in excess of
                    0^20 pounds per million B.T.U. of heat input.

              (2)   No person shall cause or permit emissions of nitrogen  oxides,
                    calculated  as nitrogen  dioxide, from an oil-fired  boiler with
                    a capacity  of 250 million  B.T.U./hr. or more and completed
                    before the  effective date  of  this regulation in excess of
                    0.30 pounds per million B.T.U. of heat input.

              (3)   No person shall cause or permit emissions of nitrogen  oxides,
                    calculated  as nitrogen  dioxide, from a coal-fired  boiler with
                    a capacity  of 250 million  B.T.U.  per hour or more  in  excess
                    of 0.9 pounds per million  B.T.U.  of  heat  input.

        (D)    Nitric acid manufacture.

              No person shall cause or permit  the emission of nitrogen oxides,
              calculated as nitrogen dioxide,  from nitric acid  manufacturing
              plants in excess  of 5.5 pounds per  ton  of  100 per cent acid  produced.
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(1.0)    AP-9-01.   Definitions.

        (A)    Except as  otherwise  provided  in  subsection  (B),  th.e  definitions
              in  AP-2-01 shall  apply.

        (B)    (1)   "Air contaminant source"  shall  mean any  operation, machine,
                    device,  apparatus,  equipment,  building,  or other  physical
                    facility which emits  or may emit any  air contaminant.

              (2)   "Modification" shall  mean  any  physical change  in, or change
                    in the method  of operation of  an air  contaminant  source which
                    increases the  amount  of any air pollutant emitted by such
                    source or which results in the emission  of any air pollutant
                    not previously emitted.

              (3)   "Applicable law" shall, unless otherwise expressly specified,
                    include any applicable  provisions of:  Chapter 3704 of the
                    Ohio Revised Code,  as amended; rules,  regulations, and orders
                    of the Ohio Air Pollution  Control Board; the  Clean Air Act,
                    as amended; rules and regulations of  the Administrator of
                    the Environmental Protection Agency.

              (4)   "Construct" or "construction"  shall  include any operation
                    resulting in a new source.

        Former regulation AP-9-01 adopted January  28, 1972,  and effective
        February 15, 1972, is repealed.

        (Adopted July 24, 1972; effective August 7, 1972.)

(3.0)    AP-9-02.   Permits to construct new  sources; permits  to modify.

        (A)    General rule.  After the effective date of these regulations,  no
              person shall cause, permit, or  allow the location,  installation,
              construction, or modification of any air contaminant source  without
              first applying for and obtaining a permit to construct or  modify
              from the Board approving the  location and design of such  source.
              The Board shall not approve such location,  installation,  construc-
              tion, or modification unless  the applicant demonstrates to the
              satisfaction of the Board that  the proposed new or modified  air
              contaminant source will comply  with  all applicable rules  and
              regulations of the Board.

        (B)    Application for permit to construct or^ modify.

              (1)   Applications for permits  required under subsection  (A) shall
                    be1 made on forms prepared by the Board and shall  contain
                    such  information as the Board shall  deem necessary  to
                    determine whether the permit should be issued.  The information
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            required  shall  include:  descriptions  of  the equipment and
            processes involved;  the  nature,  source,  and quantity of
            uncontrolled  and  controlled  emissions; the type,  size, and
            efficiency of control  facilities;  the quantities  and types of
            raw material  used;  the suitability of the location and the
            impact of the emission from  such  source  upon existing air
            quality;  and  such other  information as the Board  may require.

      (2)    An application for  a permit  to construct or modify shall be
            made of each  air  contaminant source.

      (3)    Applications  for  permits to  construct shall be  signed by the
            contractor or agent  performing the construction or modifi-
            cation and by the corporate  President, or Vice  President
            reporting directly  to the President,  or  highest ranking
            corporate officer with offices located in the State;  or by
            an equivalently responsible  officer in the case of organi-
            zations other than  corporations;  or,  in  other cases, by the
            source owner  or operator; or,  in  the  case of political
            subdivisions, by  the highest elected  official of  such sub-
            division.  Such signature shall  constitute personal affirma-
            tion that the statements made in  the  application  are true
            and complete, complying  fully with applicable state require-
            ments, and shall  subject the responsible official to liability
            under applicable  state laws  forbidding false or misleading
            statements.

      (4)    The applicant's signature shall  constitute an agreement that
            the applicant shall  assume responsibility for the construc-
            tion, .modification,  installation,  or  location of  such source
            or facility in accordance with applicable rules and regulations,
            terms and conditions.

(C)   Standards for granting  permits to  construct or modify.

      No permit to construct  or modify an air contaminant source shall
      be granted until the applicant demonstrates that  it is  more likely
      than not that:

      (1)    Such proposed new source or  modification will operate with-
            out preventing or interfering with the attainment or main-
            tenance of any applicable ambient air quality standard, or
            cause any avoidable degradation  in ambient  air  quality; and,

      (2)    The emissions from such  source shall  not exceed applicable
            emission  standards  of the Board,  or federal  Standards of
            Performance of New Sources promulgated by  the Administrator
            of the Environmental Protection  Agency  pursuant to  Section  III
            of the Clean  Air  Act, whichever  are more stringent;  and,
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      (3)    Such source or modification  is  provided,  at the expense
            of the applicant,  with  any sampling  and testing facilities
            the Board  may require,  including  but not  limited  to:

            (a)   Sampling ports  of a  size, number, and location  as  the
                  Board may require;

         •   (b)   Safe access  to  each  port;

            (c)   Instrumentation to monitor  and record emission  data
                  which satisfies the  requirements of AP-2-04;  and

      (4)    Such proposed source  or modification incorporates the best
            available  control  technology;  and,

      (5)    The proposed source or  modification  for which the permit is
            requested  will  operate in accordance with applicable law.
/
(D)    Action on applications for  permits to construct or  modify.

      (1)    The Board  shall, within 90 days of  the receipt of an
            application, notify the applicant in writing  of its approval,
            conditional approval, or denial of  the application.

      (2)    If an application is  denied, the  Board shall  set  forth  its
            objections in the notice of denial.

      (3)    The Board  shall afford  a prompt hearing  to any applicant
            whose application is  denied.  Where appropriate,  the  Board
            may order  such hearing  held before  two hearing examiners
            appointed  by the Board, who may be  an attorney at law and
            an environmental engineer familiar,  by virtue or  training
            and experience, with air pollution  control technology.   At
            such hearing a stenographic record  of the testimony shall
            be' kept.  At such hearing, the applicant shall have the
            burden of proving his case by a preponderance of the
            reliable,  probative evidence.   Following the  hearing, the
          .  hearing examiner shall  write their  joint, complete findings
            and conclusions, and shall include  a statement of their
            reasons for crediting the testimony of  one witness over
            another provided there  is a conflict.  The hearing examiner
            shall also recommend action to be  taken by the Board,  if
            any, and their reasons  for recommending  such  action.   The
            record of proceedings and the findings,  conclusions,  reason
            and recommendations of the hearing  examiners  shall be kept
            available for public inspection.   The findings, conclusions,
            reasons and recommendations of the  hearing examiners  shall
            be advisory only and not binding  upon the Board.   Request
            for such hearing must be made within 10 days  of receipt of
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                    the  notice  of  denial.

              (4)    Permits  issued hereunder  shall  be  subject  to  such terms and
                    conditions  set forth and  embodied  in the permit as  the
                    Board  shall  deem  necessary  to ensure compliance with
                    applicable  law.

        (E)    Cancellation of permits to construct  or  modify.

              The  Board  shall cancel  a permit to construct or  modify if:

              (1)    The  construction, installation,  location,  or  modification
                    the  permit  approves is  not  begun within one year of the
                    date of  issuance; or,

              (2)    During construction, installation, location,  or modification,
                    work is  suspended for one year;  or,

              (3)    The  Board determines that one of the standards under  Section
                    2(D)(4)  have been or will be violated.

        (F)    Possession .of  a permit  to construct shall not relieve any
              person of  the  responsibility  to comply with applicable emission
              limitations  or other applicable law.

        Former regulation  AP-9-02  adopted January 28,  1972, and effective
        February 15, 1972, is repealed.

        (Adopted July 24,  1972;  effective August 7,  1972.)

(3.0)    AP-9-03.  Permits  to operate.

        (A)    General  rule.   No person may  cause, permit, or allow the  operation
              or other use of any  air contaminant source without  applying for
              obtaining  a  permit to operate from the Board  in  accordance  with
              the  requirements  of  this section, except as otherwise provided
              in AP-9-04.

        (B)    Application  for permits to operate.

              (1)    Applications for  permits  to operate shall  be  signed by the
                    corporate President, or Vice President  reporting  directly
                    to the President, or highest ranking corporate officer with
                    offices  located in the  State;  or by an  equivalently respon-
                    sible officer  in  the case of organizations other  than
                    corporations;  or  in other cases, by the source owner or
                    operator; or,  in  the case of  political  subdivisions,  by
                    the  highest elected official  of such  subdivision.   Such
                    signature shall constitute  affirmation  that the  statements
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           made  In  the application are true and complete, complying
           fully with applicable state requirements, and shall subject
           the responsible official to liability under applicable
           state laws forbidding false or misleading statements.

      (2)   Existing air contaminant sources which are or will be in
           compliance with applicable law within six months of the
           effective date of  these regulations shall apply for permits
           to operate as soon as practicable after the effective date
           of these regulations or within six months thereafter,
           whichever is sooner.

      (3)   Applications for permits to operate shall be on forms
           prescribed by the  Board, and  shall contain all information
           the Board deems necessary to  determine whether the air
           contaminant source is operating and will be operated in
           accordance with all applicable rules and regulations of
           the Board, including, but not limited to:  location of
           source;  descriptions of the equipment and processes involved;
           the nature, source, and quantity of uncontrolled and con-
           trolled  emissions; the type,  size, and efficiency  of control
           facilities; the impact of the emissions from such  source
           upon  existing air  quality.

      (4)   Applications for permits to operate shall be made  for each
           air contaminant source.

      (5)   Each  application shall be signed by the applicant, whose
           signature shall constitute an agreement that the applicant
           shall assume responsibility for operating such source in
           accordance with applicable rules and regulations.

(C)    Standards for  granting permits to operate.

      No permit tc  operate an  air contaminant  source shall be  granted
      until the applicant demonstrates that it  is more  likely  than not
      that:

      (1)   The source  is  in compliance with applicable  rules  and
           regulations; and,

      (2)   The source  operates without preventing  or  interfering with
           the attainment and maintenance  of  any applicable  state or
           national ambient air  quality  standard;  and,

      (3)    If required  by  the Board,  the source  is  equipped with
            instrumentation and  sensing devices  to  monitor and record
           emission data  and  other  information  about  the operation
            of the  source;  and
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      (4)    In  the  case  of an  air  contaminant  source  to which  Section 2
            applies,  such source was  constructed, modified,  located,
            or  installed in compliance  with  the  terms and  conditions of
            the permit to construct or  modify, as well as  applicable
            rules and regulations, and  such  source  operates, or within
            90  days of start up of operation,  will  operate in  accordance
            with applicable rules  and regulations or  with  federal
            Standards of Performance  for  New Sources  promulgated by
            the Administrator  of the  Environmental  Protection  Agency
            pursuant to  Section III of  the Clean Air  Act,  whichever is
            more stringent; and,

      (5)    If  required  by the Board, performance tests, conducted after
            the application was made, at  the applicant's expense, in
            accordance with methods prescribed by the Board, demonstrate
            that the source is in  compliance with applicable emission
            regulations  and other  applicable law.   The Board or its
            representative may observe, participate in, or conduct any
            performance  test required;  and,

      (6)    Such source  is equipped as  required  by  Section 2(C)(3) of
            these regulations.


(D)    Terms and conditions.

      (1)    Permits to operate shall  be effective for one  year from
            date of issuance,  or for  whatever  other period the Board
            deems appropriate, not to exceed three  years.

      (2)    Any permit to operate  issued  by  the  Board shall  be subject
            to  revision  in response to  changes in applicable rules and
            regulations  or other factors  affecting  the compliance of the
            source  or control  facility  with  the  standards  or conditions
            of  the  original permit.

      (3)    The transferee of  any  permit  to  operate shall, personally,
            assume  the responsibilities of the original permit holder*.
            transferer.   The Board must be notified in writing of any
            transfer of  a permit to operate.

      (4)    Such air pollution emergency  episode plans as  are  submitted
            and approved shall become terms  and  conditions of  the
            permit  to operate  and  shall have full  force and  effect  as  a
            part thereof.

      (5)    The Bpard may include  such  other terms  and conditions as are
            necessary to ensure compliance with  applicable law.
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        (E)   Action on applications for permits to operate,
              (1)   The Board may suspend or revoke a permit to operate if it
                   determines that any of the conditions, terms, or standards of
                   Section 3(C) of Section 3(D) or any other applicable rules
                   and regulations of the Board have been or will be violated.
                    i
              (2)   Suspension or revocation of a permit to operate shall be
                   final  10 days after service of notice on the permit holder.

              (3)   The Board shall afford a prompt hearing to any permit holder
                   whose  permit to operate is suspended or revoked in the
                   manner prescribed in Section 2(D)(3).

              (4)   A permit to operate which has been revoked shall be surren-
                   dered  forthwith to the Board.

        (G)    Permit no defense to violations.

              Possession of a permit to operate shall not relieve any person
              of the responsibility continuously to comply with applicable
              emission limitations or other provisions of applicable law.

        (H)    Conditional  Permit to Operate.

              If any air contaminant source which has been constructed, installed,
              located or'modified in accordance with the provisions of Section 2
              of these regulations, and otherwise in accordance with applicable
              law,  is unable to comply with the requirements of Section 3(C)(4)
              of these regulations as of the date of start-up of operations,  the
              Board shall  grant a conditional permit to operate such source for
              a period not to exceed six months from start-up of operation,
              provided the period is used to remedy any defect which prevents
              such  compliance, and the applicant affirms that such  source will
              be operated  in accordance with the provisions of Section 4(C)(1)
              (b)(i) to  Section 4(C)(l)(b)(v1) of these regulations, inclusive,
              for the duration of the conditional permit.

        Former regulation  AP-9-03 adopted January 28, 1972, and effective
       .February  15, ,197.2, is repealed.

        (Adopted  July 24,  1972; effective August 7,  1972.)

(5.0)    AP-9-04.  'Variance.

        (A)    General Rule.

              No  person  shall cause,  permit, or allow any  air contaminant  source
              'to  emit any  air contaminant  in violation  of  any applicable emission
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      standards of emission  limitations  or other applicable  rules  and
      regulations of the Board,  unless a compliance  schedule has  been
      applied for and approved by the Board for such source, and  a
      variance has been granted  by the Board to such source  pursuant to
      the provisions of this section.

(B)    Applications for Variances.

      (1)   Applications for variances shall be signed  by the corporate
            President, or Vice President reporting directly  to the
            President, or highest  ranking corporate officer with  offices
            located in the state; or by  an equivalently responsible
            officer in the case  of organizations other  than  corporations;
            or, in other cases,  by the source owner  or  operator,  or, in
            the case of political subdivisions, the  highest  elected
            official of such subdivision.   Such signature shall constitute
            affirmation that the statements made in  the application are
            true and complete, and shall subject the responsible  official
            to liability under state laws  forbidding false or misleading  .
            statements.  By his  signature, the responsible officer shall
            assume responsibility for compliance by  his source with
            applicable law and the terms and conditions of any variance
            issued to such source.

      (2)   Applications for variances shall be made in a form and manner
            perscribed by the Board.                                     :

      (3)   An application for a variance  shall be made for  each  air
            contaminant source.

(C)    Standards for Granting Variances.                                   j

      (1)   No variance to operate an air contaminant source shall be
            granted until the applicant  shows to the satisfaction of the
            Board that:

            (a) .  Such source is not a  new source or modification to
                  wh'ich Section  2 applies; and,

            (b)   The Board has  approved a compliance schedule for such
                  source.  A compliance  schedule shall  be approvable
                  where it show to the  satisfaction  of the Board  that:

                t   (i)   The plan and  schedule provide for  the earliest
                          possible compliance by the source; and,

                   (ii)   Any available  alternative  operating procedures
                          and interim control measures have  reduced  or
                          will reduce the impact  of such source on  the
                          public health; and,
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                  (iii)    Good  faith  efforts  have been and will be made
                          to  reduce emissions,  or otherwise comply with
                          any state or  local  laws,  ordinances, or
                          regulations;  and,

                   (iv)    The proposed  control  strategy will  bring the
                          source  into compliance with applicable laws,
                          rules and regulations; and,

                    (v)    The continued operation of the  source does
                          not endanger  or  threaten  to endanger human
                          health;  and,

                   (vi)    The compliance schedule contains a  date on  or
                          before  which  the source shall be operated  in
                          compliance  with  applicable law, rules and
                          regulations.

            (c)    Such source is  equipped  as  required in  Section 2  (C)(4)
                  of these regulations  and otherwise in compliance with
                  applicable  law.

      (2)    Applications for  variances  shall  be submitted to  the Board
            as quickly as possible after the  date of these  regulations,
            but no later than six months after the  effective  date of these
            regulations.  Failure to  file  a timely  application shall
            be cause for the  Board to issue an order immediately pro-
            hibiting all emissions from the source.

(D)    Action on applications  for  variances.

      (1)    Pij-ior to taking any action  on  an  application  for  a variance,
            the Beard or its  authorized representative  may  hold a
            public hearing on the application in the manner  specified in
            Ohio Revised Code,  Section  3704.03(H)  (1971).

      (2)    In granting, revoking, denying, or modifying  any  variance,
            the Board shall state its reasons therefore in writing,  in  the
            form of a judicial  opinion. The  opinion  shall  be made
            publicly available  at the cost of reproduction  and handling.
            Such opinions shall be numbered,  and periodically published
            and bound in volumes.
              .   i
      (3)    The Board shall act on applications for variances within
            six months of filing.

      (4)    Except as otherwise provided herein, the  procedures  of
            section 2(D) of these regulations shall apply.
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(E)    Interim reporting.

      In addition to the  other registration and reporting requirements
      or all  air contaminant sources,  the holder of a  variance shall
      file reports every  two months or as required  by  the Board which
      shall  be signed by  the applicant for the variance.   These reports
      shall  demonstrate,  to the satisfaction of the Board, that the
      source for which the variance was issued is making  consistent
      progress toward completion of work on its compliance schedule,
      and has met all interim deadlines specified in the  compliance
      schedule or specified by the Board.  If the responsible official
      fails  to file an interim report  on time, or if such report fails
      to satisfy the Board that the source is making satisfactory
      progress, then the  Board shall  revoke the variance.  The
      variance holder shall assume full personal responsibility for  the
      completeness and accurance of statements made in the interim
      report.  Falsa or misleading statements in an interim report
      shall  be grounds for revocation  of the variance, and shall  subject
      the variance holder to the sanctions available under state law.

(F)    Terms  and conditions.

      (1)   An approved compliance schedule shall be incorporated into
            any variance  granted, and  shall be a term  and condition
            thereof.

      (2)   Variances shall be effective for whatever  period the Board
            deems appropriate, not to  exceed one year.  A variance may
            be renewed only when the Board is satisfied that the source
            for which the variance was granted is making  satisfactory
            progress toward achievement of its compliance schedule.   No
            variance to operate an air contaminant source in an air
            quality control region designated as Priority I in violation
            of an emission standard applicable to such region and source
            may be renewed more than twice and in no case shall any  such
            variance'or renewal be effective after July 1, 1975.  No
            variance to operate an air contaminant source in an air
            quality control region designated as Priority II or Priority
            11,1 in violation of an emission standard applicable to such
            source and region as of the effective date of this regulation
            may be renewed more than twice and in no case shall any  such
            variance or renewal be effective after July 1, 1975.  No
            variance to operate an air contaminant source in an air
            quality control region designated as Priority II or Priority
            III in violation of AP-S-ll(B) (4) or AP-3-12(B) (5) may
            be, renewed more than twice and in no case  shall any such
            variance or renewal be effective after July 1, 1978.

      (3)   Each variance shall state the maximum emissions permissible
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                    during  »he  variance  period from the source for which the
                    variance was  granted.

              (4)    The  possession  of a  variance to operate  in excess of any
                    emission standard, limitation, or regulation of the Board,
                    shall not relieve the  holder of responsibility to comply
                    with .all other  applicable rules and regulations of the
                    Board.

              (5)    The  requirements of  Section 3(D)(2),  3(D)(3), 3(D)(4), and
                    3(D)(5) of  these regulations shall apply.

        (G)    Variance no defense to violations.

              Possession of a variance relieving an air contaminant source from
              having immediately  to comply with any requirement of applicable
              law shall  not relieve any  such source of the responsibility to
              comply with all other requirements of applicable law.

        (H)    Revocation.

              (1)    The  Board shall revoke a variance if  it  determines that any
                    of the  terms, conditions, standards,  or  requirements of
                    Section 4(C), 4(E),  or 4(F) have been or will be violated.

              (2)    A-variance  which has been revoked shall  forthwith be
                    surrendered to  the Board.

        (Adopted July 6, 197?;  effective July 17,  1972.)

(2.0)    AP-9-05.  General Policy.

        (A)    Where any  person  demonstrates by  a preponderance of the evidence
              that more  than one  alternative would, with  equal efficiency and,
              if appropriate,  speed, satisfy any requirement of applicable law,
              then the Board shall  encourage the implementation of the least
              costly alternative.

        (B)    Wherever required by  any provision of Chapter  3704, of the Ohio
              Revised Code,  the Board  shall give consideration to, and attempt
              to minimize,  the  economic  expense of any action  the Board may
              require any  source, person,  or other entity to take; provided,
              however, that economic hardship to any person  shall be no excuse
              for any performance,  operation, action,  inaction, or other conduct
              which violates any requirement of applicable  law.

(2.0)    AP-9-06.  Exemptions.

        (A)    With the exceptions set  forth in  subsection (E),  infra, each air
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      contaminant source shall  submit to the  Board  either an  application
      for a permit to operate or any application  for  a  variance,  in
      the time,  form, and manner specified in AP-9-03 or AP-9-04.
      Wherever practicable,  the Board shall act upon  applications  for
      permits and variances  in  order of the sources'  total yearly
      emissions, beginning with the largest emitters  first.

(B)    Where necessary for administrative reasons, the Board may exempt,
      for limited periods of time,  certain classes  of air contaminant
      sources, of relatively minor  significance,  from the requirement of
      obtaining  permits to operate  or variances from  the Board.   Exemp-
      tion under this subsection shall  not relieve  any  source of  the
      responsibility to submit  to the Board,  within the required  time,
      a substantially approvable application  for  a  permit to  operate  or
      a variance.  Applications from sources  exempted under this  sub-
      section sha;ll  be subject  to spot checks and such  sources shall  be
      subject to 'inspections.

(C)    Exemption  under this section  shall  not  relieve  any air  contaminate
      source of  the responsibility  to comply  with applicable  laws,
      ordinances, rules, or  regulations of any political subdivision  of
      the state  of Ohio.

(D)    Exemption  from the requirement of obtaining permits or  variances
      from the Board under this section shall not be  construed to
      relieve any'air contaminant source of the responsibility to  comply
      with all other requirements of applicable law,  including, but
      not limited to, emission  standards and  limitations, satisfactory
      progress on compliance schedules, and interim reporting require-
      ments.

(E)    The following classes  of sources shall  not  be required  to apply
      for, or obtain, permits to operate or variances from the Board:

      (1)   Comfort ventilating systems;

      (2)   Sources used as  incinerators in one or  two  family dwellings,
            or in dwellings  containing six or fewer family units,  one
            of which is owner-occupied;

      (3)   Sources located  in  dwelling units which burn oil, natural
            gas, or other fuel  except coal, for the production of steam,
            hot  water,, or hot air at rates of less  than one million
            (1,000,000) British Thermal Units per hour  when operated  at
            the  maximum rated capacities, and from  which products  of
            combustion are the sole emissions.

      (4)   Such other sources  of small emission  significance as  the
            Board may exempt.
                                     -46-

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(15.0)  AP-9-07.   Civil  and Criminal  Penalties.

        The Board shall  request the Attorney General  in  writing  to  recommend
        actions for legal  and equitable remedies,  or  for criminal penalties, or
        both,  whenever the Board or the Attorney General  finds,  based  on any
        information, that there is cause to believe that any  person or any
        source of air pollution is violating or  has violated  any applicable
        provision of Chapter 3704 or the Ohio Revised Code, or any  rule,
        regulation, or other- of the Board promulgated pursuant thereto.

(14.0)  AP-9-08.   Public Availability of Information.

        (A)   Any record,  report, or other information obtained  by  the Board
              shall be made available to the public,  except that upon  a showing
              satisfactory to the Board by any person that such  record, report,
              or other information, or particular part thereof  (other  than
              emission date), if made public, would divulge methods or processes
              entitled to protection as trade secrets of such person,  the Board
              shall consider such record, report,  or  information, or particular
              part thereof confidential, except  that  such record, report,
              or information may be disclosed to other officers, employees, or
              authorized representatives of the  State concerned  with carrying
              out this act or when relevant in any proceeding under this  regu-
              lation.

        (B)   Any emission data made public by the Board shall  be presented in
              such a manner as to show the relationship  between  measured  amounts
              of emissions and the amounts of such emissions  allowable under
              applicable emission limitations and compliance  schedules, or  other
              measures.

(2.0)   AP-9-09.  Severability.

        Each section and each part of each section of this regulation  is  hereby
        declared to be an independent section or part of a section  and, not-
        withstanding any other evidence of intent, it is hereby declared  to
        be the controlling intent that if any section, or any provision thereof
        or the application thereof to any person or circumstances,  is  held  to  be
        invalid, the remaining sections or parts of sections  and the  application
        of such provision to any other persons or circumstances, other than
        those as to which it is held invalid, shall not  be affected thereby and
        it is hereby declared to be the intent that the  other provisions  of this
        regulation would have been adopted independently of such section,  sections,
        or parts of a section so held to be invalid.
                                              -47-

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                          REGULATIONS  FOR PREVENTION  OF  AIR

                            POLLUTION  EMERGENCY  EPISODES


(8.0)    AP-11-01.   Air Pollution  Emergency.

        This regulation is designed to prevent the excessive  buildup  of  air
        pollutants during, air pollution episodes,  thereby preventing  the
        occurrence of an emergency due to the effects of these  pollutants  on
        the health of persons.

(8.0)    AP-11-02.   Eptsode Criteria.  ,

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

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

        (B)   "Alert":  The A'iert level is that  concentration of pollutants  at
              which first stage control actions  are to begin.  An Alert will  be
              declared' when any one of the following  levels is  reached at any
              monitoring site:

              (1)    S0£ - 800 ug./m3 (0.3p.p.m.),  24-hour average; or,

              (2)    Particiilate - 3.0 COHs of 375 ug./m3, 24-hour average; or,

              (3)    S02 and particulate combined - product of S02 p.p.m.,
                    24-hour average, and COHs equal to 0.2 or product of SOg -
                    ug./m3, 24-hour average, and particulate ug./m3,  24-hour
                    average equal to 65 x 1Q3; or>

              (4)   CO - 17 mg./m3 (15 p.p.m.),  8-hour average;  or,
                          i
               (5)   Oxidant (03) - 200 ug./m3 (0.1 p.p.m.) -  1-hour average;  or,
                                             -49-

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     (6)  N02 - '1130 ug./m3 (0.6 p.p.m.),  1-hour average,  282 ug./m3
          (0.15 p.p.m.), 24-hour average;

and meterorological conditions are such the pollutant concentrations can
be expected to ramairl at the above levels  for twelve (12)  or more hours
or increase unless control  actions are taken.

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

     (1)  S02 - 1,600 ug./m3 (0.6 p.p.m.), 24-hour average; or,

     (2)  Particulate - 5.0 COHs or 625 ug./m3,  24-hour average;  or,

     (3)  S02 and particulate combined - produce of SO? p.p.m.,  24-hour
          average and COHs  equal to 0.8 or product of 502 ug./m3 24-hour
          average and particulate ug./m3,  24-hour average equal  to
          261 x 103; or,

     (4)  CO - 34 mg./m3 (30 p.p.m.), 8-hour average; or,

     (5)  Oxidant (03) - 800 ug./m3 (0.4 p.p.m.), 1-hour average; or,

     (6)  N02 - 2,260 g./m3 (1.2 p.p.m.) - 1 hour average; 565 ug./m3
          (0.3 p.p.m.), 24-hour average;

and meterorological conditions are such that pollutant concentrations
can be expected to remain at the above levels for twelve (12) or more hours
or increase unless control  actions are taken.

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

     (1)  S02 - 2,100 ug./m3 (0.8 p/p.m.), 24-hour average; or,

     (2)  Particu'late - 7.0 COHs or 875 ug./m3,  24-hour average; or,

     (3)  302 and particulate combined - product of S02 p.p.m., 24-hour
          average and particulate ug./m3, 24-hour average equal to
          393 x 103; or,
                                      •50-

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             (4)  CO  - 46 mg./m3  (40 p.p.m.), 8-hour average; or,

             (5)  Oxidant (03) -  1,200 ug./m3,  )0.6 p.p.m.), 1-hour average; or,

             (6)  N02 -'  3^000 ug./m3 (1.6 p.p.m.), 1-hour average; 750 ug./m3,
                 (0.4 p.p.m.), 24-hour average.

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

(8.0)    AP-11-03  Emission Control  Action Programs

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

        (B)   Emission control action programs as required under  Section  (1) shall '
             be  in  writing and show the source  of air contamination, the approxi-
             mate time required to effect the program, a brief description of the
             manner in which the  reduction will be achieved  during each  stage of  ,
             an  air pollution episode, and  such other information as the Board
             shall  deem  pertinent.

        (C)   Emission control action  programs shall be filed with the Board at    '
             the  following  times:

             (1)   Existing  sources -  Not  later  than six months after adoption of
                  these  regulations;

             (2)   New sources - With  application  for  Permit  to Operate.

        (d)   During a condition  of AIR POLLUTION ALERT, AIR  POLLUTION EARNING,
             and AIR POLLUTION  EMERGENCY  emission  control  action programs as
             required,by Section  (1)  shall  be made  available on  the  premises
             to any person authorized to  enforce  the  provisions  of  the  Board's
             emergency  procedure.
                                             -51-

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         (E)   Emission  control  action  programs  as  required  by  Section  (1)  shall
              be submitted to the Board upon  request within thirty  days  of the
              receipt of such request;  such emission control action programs
              shall  be  subject to review and  approval  by  the Board.   If,  in the
              opinion of the Board,  such emission  control action  programs  do  not
              effectively carry out  the objectives as set forth  in  Tables  1-5,
              the Board may disapprove said emission control action programs,
              state  its reason for disapproval  and order  the preparation  of
              amended emission control  action programs within  the time period
              specified in the order.

(8.0)     AP-11-04  EMERGENCY ORDERSa

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

              (1) Air  Pollution Alert

                   (a)  Any one or combination of  air contaminants:

                         "Any person responsible  for the  operation  of  a  source of
                         air contamination as set  forth in  Section  AP-11-03 (1)
                         shall  take  all AIR POLLUTION ALERT actions as required
                         for such source of air contamination; and  shall  particularly
                         put into effect, the emission control action  programs
                         for an AIR  POLLUTION ALERT".

                   (b)  Suspended particulate  matter:

                       (!i)  "There shall be no  open burning by any  persons of tree
                            waste, vegetation,  refuse, or debris  in any  form".

                      (ii) , "The use of incinerators for the disposal  of any  form
                            of solid waste will be limited  to  the hours  between
                            12:00 Noon and 4:00 PM".

                     (iii)  "Persons operating  fuel-burning equipment which re-
                            quires boiler lancing or soot blowing shall  perform
                            such operations only  between the hours  of 12:00 Noon
                           (and 4:00 PM".

         A)  See footnote 1 at end of  Appendix  H  - subscript "a"  and this footnote
             are not part of Regulation AP-11-04.
                                               -52-

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     (c)   Nitrogen Oxides,  Carbon  Monoxide  and  Hydrocarbons:

          (i)   "There shall  be no  open  burning  by  any  persons  of
               tree waste,  vegetation,  refuse,  or  debris  in  any
           •   'form".

         (ii)   "The use of  incinerators for the disposal  of  any form
               of solid waste shall  be  limited  to  the  hours  between
               12:00 Noon and 4:00 PM".

(2)   Air Pollution Warning

     (a)  Any one or combination of air  contaminants:

               "Any person  responsible  for  the  operation  of  a
               source of air contamination  as set  forth in Section
               AF-11-03 (1)  shall  take  all  AIR  POLLUTION  WARNING
               actions as required for  such source of  air contamina-
               tion; and shall particularly put into effect  the   '
               emission control action  programs for an AIR POLLUTION
               WARNING".

     (b)  Suspended particulate matter:

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

        (ii)  "The use of incinerators  for  the  disposal of any form
              of solid waste or liquid  waste shall be  prohibited".

       (iii)  "Persons operating fuel-burning equipment which requires
              boiler lancing or soot blowing shall perform such
              operations only between the hours of 12:00 Noon and
              4:00 PM".

     (c)  Nitrogen oxides,  Carbon Monoxide  and  Hydrocarbons:

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

        (ii)  "The use of incinerators  for the  dispose! of any form
              of solid waste or liquid waste shall be prohibited".
                                 -53-

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(3)   Air pollution emergency

     (a)  Any one\pr combination of contaminants:

          (i)  "Any, person responsible for the operation  of a  source
               of aiir contamination as described in  Section AP-11-03
               (1) khall  take all  AIR POLLUTION EMERGENCY actions
               as listed as required for such source of air contami-
               natiqn; and shall particularly put into  effect  the
               emission control  action programs for  an  AIR POLLUTION
               EMERGENCY".

         (ii)  "All manufacturing  establishments except those  included
               in Section AP-11-04 (1) (c) l.a.  will institute such
         •  •    action as will result in maximum reduction of air
               contaminants from their operations by ceasing,  cur-
               tailing, or postponing operations which  emit air con-
               taminants to the  extent possible without causing in-
               jury to persons or damage to equipment".

        (iii)  "All places of employment described below  shall
               immediately cease operations:

                    "Mining and  quarrying of non-metallic minerals.

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

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

                    "All  office  of local, county, and state government
                     including authorities, joint meetings, and any
                     other public body; except to the extent that such
                     offices must continue to operate in  order to en-
                     force the requirements of this  order pursuant
                     to statute.
                                  -54-

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

    "Banks; credit agencies other than banks; securi-
     ties and commodities brokers, dealers, exchanges
     and services; offices of insurance carriers,
     agents and brokers; real estate' offices.

    "Wholesale and retail laundries; laundry services
     and cleaning and dyeing establishments; photo-
     graphic studies; beauty shops, barber shops, shoe
     repair shops.

    "Advertising Offices; consumer credit reporting,
     adjustment and collection agencies; duplicating,
     addressing, blueprinting; photocopying, mailing,
     mailing list and stenographic services; equip-
     ment rental services; commercial testing
     laboratories.

    "Automobile repair,  automobile services, garages.

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

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

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

 (v) "The use of  incinerators  for the disposal  of any
     form of solid or liquid  waste  shall be prohibited",

(vi)  "The use of motor vehicles  is prohibited except
      in emergencies with the  approval  of local  or
      state police".
                 -55-

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(B)   When the Director of Health determines  that  an  Air Pollution
     Episode condition exists  at one or more monitoring sites  solely
     because of emissions from a limited number of sources,  he may
     order such source or sources to put into effect the emission con-
     trol action programs which are applicable for each episode  stage.
                                     -56-

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(1.0)     AP-13-01.   Definitions.

         As used in regulations  AP-13-01  and AP-13-02:

         (A)  "Fuel-burning equipment"  means any furnace,  boiler,  apparatus,  stack,
              and all  appurtenances thereto, used in  the  process of burning fuel
              for the  primary purpose of producing heat or power by indirect  heat
              transfer.

        ' (B)  "Incinerator" means any equipment, machine,  device,  article, con-
              trivance,  structure, or part of a structure used  to  burn  refuse or
              to process refuse  material  by burning,  other than by open burning
              as defined in AP-3-01(I).

         (C)  "Process"  means any source operation, as  defined  in  AP-2-01(R), ex-
              cluding  the operation of fuel-burning equipment and  incinerators.

         (D)  "Fuel-burning equipment input capacity" means the maximum heat  input
              rate of  any fuel-burning equipment.  This maximum heat input rate
              shall be the manufacturer's or designer's guaranteed maximum heat
              input rate, or such other rate as may be  determined  by the Board in
              accordance with good engineering practices.   In the  case  of conflict,
              the determination  made by the Board shall govern.

         (E)  "Incinerator input capacity" means the manufacturer's or  designer's
              guaranteed maximum input rate or such other rate as  may be determined
              by the Board in accordance with good engineering practices.  In case
              of conflict, the determination made by the  Board shall govern.

         (F)  "Process weight rate" means the total average hourly weight of  all
              materials 'introduced into the source operation including  solid  fuels,
              but excluding gaseous fuels and liquid fuels when those are used
              solely a$ fuels and excluding air introduced for the purpose of
              combustion.

         For a cyclical or batch operation, the process weight per hour will  be
         derived by dividing the total process weight by the number of hours  in
         one complete  operation from the beginning of any given process to the
         completion thereof, excluding any time during which the  equipment is idle.
         For a continuous operation, the process weight per hour will be derived
         by dividing the process weight for a typical period of time.

         (Adopted August 31, 1972; effective September 11, 1972.)
                                              -57-

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AP-13-02.  Fee Schedule.
The following fees shall be charged for the issuance  of  operating permits,
construction/modification (installation) permits,  and variances:
FUEL-BURNING EQUIPMENT
All fuel-burning equipment using only natural  gas  or  number  two  (2)
or lighter oil shall be assessed a fee one half of that  shown.
Input Capacity
 106 BTU/hour
1-10
10-100
100-300
300-500
500-above
INCINERATORS
Input Capacity
 Pounds/hour  '
0-50
50-500
500-2000
2000-30,000
30,000-above
Operating
$   50
    70
    90
  'no
   130
Operating
$   50
    70
    90
   110
   130
Variance
$ 75
150
225
300
375
Variance
$ 75
150
225
300
375
Installation
$ 65
130
195
260
325
Installation
$ 65
130
195
260
325
                                    -58-

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PROCESS
In any process where "process weight rate" cannot be ascertained the
minimum fee shall be assessed.
Process Weight Rate
Pounds/hour
'0-1000
1000-5000
5000-10,000
10,000-50,000
50,000-above
The first operating
assessed no fee wne
a Construction/Modi
The following fees
and variances:
Operating
$ 50
70
90
110
130
Variance
$ 75
150
225
300
375
Installation
$ 65
130
195
260
325
permit issued for a new or modified source shall be
re such construction or modification was pursuant to
fi cation Permit issued by the Board.
shall be charged for
renewal of operating
permi ts
FUEL-BURNING EQUIPMENT
Input Capacity ,
106 BTU/hour
1-10
10-100
100-300
300-500
500-above
Operating
$ 15
30
40
50
65
Variance
$ 130
130
130
130
130





                                     -59-

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Operating
$ 15
30
40
50
65
Variance
$ 130
130
130
130
130
INCINERATORS
Input Capacity
  Pounds/hour
0-50
50-500
500-2000
2000-30,000
30,000-above
PROCESS
In any process where "process weight rate" cannot be ascertained the
minimum fee shall be assessed.
Process Weight Rate
    Pounds/hour            Operating          Variance
0-1000                     $   15             $   130
1000-5000                      30                 130
5000-10,000                    40                 130
10,000-50 ,,000,                 50                 130
50,000-above                   65                 130
The fees required by this regulation shall be due and payable upon
issuance or renewal of the permit or variance.
(Adopted August 31, 1972; effective September 11, 1972.)
                                     -60-

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3745-35-03  Variances.

(A)  General Rule.   No person shall  cause,  permit,  or allow the
     operation or other use of any air contaminant  source that emits
     any air pollutant in violation of any  applicable law, unless a
     variance including an approved compliance schedule has been applied
     for and obtained from the Director for such source, pursuant to
     the p'rovisions of this rule.
             i
(B)  Applications for Variances

     (1)  Applications for variances shall  be signed by the corporate
          President, Vice President reporting directly to the President,
          or highest ranking corporate officer with offices located in
          the state; or by an equivalently  responsible officer in the
          case of organizations other than  corporations; or, in other
          cases, by the source owner or operator; or in the case of
          political subdivision, the highest elected official of such
          subdivision.   Such signature shall constitute affirmation
          that the statements made in the application are true and com-
          plete, and shall subject the responsible official to liability
          under state laws forbidding false or misleading statements.
          By his signature, the responsible officer shall assume re-
          sponsiblity for operating and maintaining the source and con-
          trol equipment in a manner disigned to assure compliance with
          applicable law and the terms and conditions of any variances
          issued to such source.

     (2)  Applications for variances shall  be submitted to the Ohio EPA
          within six months of the effective date of these regulations
          for existing air contaminant sources not in compliance with
          applicable law on that date.  Failure to file a timely applica-
          tion shall be cause for the Director to issue an order imme-
          diately  prohibiting all emissions from the source.

     (3)  Applications for variances shall be made in a form and manner
          prescribed by the Ohio EPA.

     (4)  A  separate application for a variance shall be made  for  each
          air contaminant source to which this rule, 3745-35-03 applies.

     (5)  Any variance application that fails to contain  a compliance
          schedule  or that, on  its face, fails to provide the  Ohio EPA
          with requested  information needed to provide  a  factual basis
          for ascertaining compliance with each of the  requirements  of
          3745-35^03 (C)!  (1) nfay be considered defective  and  be  treated
                                      -61-

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     as if it hes not been filed.   No  hearing  need  be  granted  with
     respect to such improper applicatons,  which  shall  be  returned
     to the applicant without further  processing  with  an indication
     of the, deficiency.

(C)   Standards for Granting Variances.

     (1)  No variance to operate an air contaminant source shall  be
          granted unless:

          (a)  Such source is not a new source; and

          (b)  There is  an approvable  compliance  schedule  for  such
               source.   A compliance schedule  shall  be approvable
               where it  shows to the satisfaction of the Director
               that:

               (i)  The  plan and schedule provide for  the  earliest
                    possible compliance by the source; and,

              (ii)  Any  available alternative  operating procedures
                    and  interim control measures  have  reduced  or
                    will reduce the impact of  such  source  on the
                    public health; and,

             (iii)  Good faith efforts have been  and will  be made
                    to reduce emissions, or otherwise  comply with
                    any  state or local  laws, ordinances or regula-
                    tions; and,

            1  (iv)  The  proposed control strategy will bring the
                    source into compliance with applicable laws,
                    rules and regulations; and,

               (v)  The  continued operation of the  source  does not
                    endanger or threaten to endanger human health;
                    and,
        i
              (vi)  The  compliance schedule contains a date on or
                    before which the source shall be operated  in
                    compliance with applicable law, rules  and
                    regulations.

     (2)  Except as provided in Section 3704.12 of  the Ohio Revised
          Code, no variance shall be granted from the provision of
          Chapter 3745-19 governing open burning.
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(D)   Action on Applications for Variance.

     (1)   Prior to taking any action on an application for a  variance
          the Ohio EPA may hold a public meeting on the proposed  com-
          pliance schedule in the manner specified in the Rules of
          Procedure of the Ohio EPA, Chapter 3745-47.

     (2)   In granting, revoking, denying, or modifying any variance,
          the,Director shall state his reasons therefore in writing.
          The decision and reasons therefore shall be made publicly
          available at the cost of reproduction and handling.

     (3)   The Director shall act on an application for a variance
          within six months of filing a complete application.

     (4)   Variances under this rule shall be issued or denied and may
          be challenged in accordance with the provisions of  the  Rules
          of Procedure of the Ohio EPA, Chapter 3745-47.

(E)   Interim Reporting. In addition to the other registration and re-
     porting requirements of all air contaminant sources, the holding
     of a variance shall file reports every two months or as  required
     by the Ohio EPA which shall be signed by the applicant for the
     variance.  These reports shall demonstrate, to the satisfaction
     of the Director that the source for which the variance was issued
     is making consistent progress and has met all interim deadlines
     specified in the compliance schedule or specified by the Ohio EPA.
     If the responsible official fails to file an interim report, or if
     such report fails to satisfy the Director that the source is making
     satisfactory progress, then he shall revoke the variance.  The
     variance holder shall assume full person responsibility for the
     completeness and accuracy of statements made in the interim report.
     False, or misleading statements in an interim report shall be
     grounds for revocation of the variance, and shall subject the
     variance holder to the sanctions available under state  laws.

(F)  Terms and Conditions.

     (1)  An approved compliance schedule shall be incorporated into any
          variance granted  and shall be a term and condition thereof.

     (2)  Variances shall be effective for whatever period the Director
          deems appropriate, not to exceed one year.  A  variance may be
          renewed only when the Ohio EPA  is satisfied that the source
          for which the variance was granted  is making  satisfactory
          progress toward achievement  of  the  program  specified in  i£s
                                      -63-

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            compliance schedule.   No variance to  operate  an  air  contami-
            nant source in an air quality control  region  designated  as
            Priority I, II,  or III,  in  violation  of an  emission  standard
            applicable to such region and source,  shall be effective
            after April 15,  1977, except as  provided in the  following
            sentence.   No variance to operate an  air contaminant source
            in an air quality control region designated as Priority  II
            or Priority III  in violation of  3745-17-10  (B) (4) or
            3745-17-11 (B) (5) or 3745-17-13 (B)(5) shall be effective
            after July 1, 1978.

      (3)    The possession of a variance to  operate in  excess of any
            emission standard, limitation, or regulation  of  the  Ohio
            EPA shall  not relieve the holder of responsibility to
            comply with all  other applicable law  and regulations of  the
            Ohio EPA.

      (4)    Any variance issued by the  Director shall be  subject to
            revision in response to  changes  in applicable rules  and
            regulations or other factors affecting the  compliance of
            the source or control facility with the standards or conditions
            or the original  variance.

      (5)    The transferee of any variance shall,  personally, assume the
            responsibilities of the  original variance holder-transferor.
            The Ohio EPA must be notified in writing of any  transfer of
            a variance.

      (6)    Such air pollution emergency episode  plans  as are submitted
            and approved shall become terms  and conditions of the
            variance and shall have  full force and effect as a part
       '     thereof.

      (7)    The Director may include such other terms and conditions
            as are; necessary to ensure  compliance with  applicable law
            or to gather information about ambient air  quality emissions
            levels, or other aspects of the  source operation.

(G)    Variance No Defense to Violations.

      Possession of a variance relieving an  air contaminant  source from
      having immediately to comply with any  requirement of applicable
      law shall not relieve any such source  of the responsibility to
      comply with all other requirements of  applicable  law.

(H)    Revocation.

      (1)    The Director shall revoke a variance  if he  determines that
                                     -64-

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      any of the terms,  conditions,  standards,  or requirements
      of Sections (C),  (E),  or (F)  of this rule have been or will
      be violated.

(2)    A variance that has been revoked shall  forthwith be
      surrendered to the Ohio EPA.

            Effective Date:        July 28, 1975
           , former Rule  Number:    EP-32-03
            Promulgated  under:    RC Chap 119
            Statutory Authority:   RC| 3704.03
                                -65-

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FEDERALLY PROMULGATED
    REGULATIONS
            -66-

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(9.0)    |52.1878  Inspection and maintenance program.

        (a)    Definitions:

              (1)    "Inspection and maintenance program"  means  a  program to
                    reduce  emissions from in-use vehicles through  identifying
                    vehicles that need emission control  related maintenance
                    and requiring that such maintenance  be performed.

              (2)    All other terms used in this section  that are defined  in
                    40 CFR  Part 51, Appendix N are used  herein  with the mean-
                    ings so defined.

        (b)    This section  is applicable in Hamilton County,  Ohio (including  the
              City of Cincinnati).

        (c)    The  County of Hamilton and the City of Cincinnati shall  establish
              an inspection and maintenance program applicable to all  light-
              duty motor vehicles owned and operated within their respective
              geographic jurisdictions on streets, roads, and highways over which
              they have owner-ship or control.

        (d)    Not later than April  1, 1974, the County of Hamilton and the City
              of Cincinnati shall submit to the Administrator,  for his approval,
              legally adopted regulations establishing the inspection/mainten-
              ance program required by paragraph (c) of this  section.   The
              regulations 'shall include:

              (1)    (i)   Provisions requiring inspection of all  light-duty
                          motor vehicles owned and operated within their re-
                          spective geographic jurisdictions on streets,  roads,
                          and highways over which they have ownership and
                          control  (jointly or individually) at periodic inter-
                         'vals no more than 1 year apart by means of an idle
                          test.
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           (ii)    The  State may  exempt  any  class or  category of  vehicles
                  that the State finds  are  rarely  used on public streets
                  and  highways  (such  as classic or antique  vehicles).

      (2)    Provisions for inspection failure  criteria consistent with
            an  initial failure  rate of  at least 30 percent  of  the
            vehicles tested before maintenance.

      (3)    Provisions ensuring  that  failed vehicles receive within 2
            weeks  the  maintenance necessary to achieve compliance with
            the  inspection standards.   These shall,  at a minimum,
            impose sanctions  against  individual owners and  repair
            facilitiss,  require  retest  of failed vehicles following
            maintenance,  establish a  certification program  to  ensure
            that repair facilities performing  the  required  maintenance
            have the necessary equipment, parts, and knowledgeable
            operators  to  perform the  tests  satisfactorily,  and provide
            for  such other measures as  necessary or  appropriate.

      (4)    Provisions prohibiting vehicles from being intentionally
            readjusted or modified subsequent  to the inspection  and/or
            maintenance in such  a way as would cause them to no  longer
            comply with the inspection  standards.  These might include
            authorization of  spot checks of idle adjustment? and/or re-
            quiring a  suitable  type of  physical tagging of  vehicles.
            These  provisions  shall include  appropriate penalties for
            violation.

      (5)    Designation of an agency  or agencies responsible for conduc-
            ting,  overseeing, enforcing the inspection and  maintenance
            program.   Private parties may be designated to  conduct parts
            of  the program to certify compliance.

      (6)    Provisions ensuring  that, with  regard  to the first inspection,
            the  inspection and  maintenance  necessary to achieve  compli-
            ance With  the applicable  emission  standards referred to in
            paragraph  (d)(2)  be  completed by May 31, 1975,  for at  least
            five-twelfths (5/12) of the vehicles subject to the  inspec-
            tion system.

(e)    After December  31,  1975,  no program in the County of  Hamilton,  the
      City of Cincinnati, the State of  Ohio shall  allow the registration
      of title,  or allow the  operation  on streets, roads, or highways
      under its  control of any  light-duty,  spark-ignition-powered  motor
      vehicle subject  to the  inspection program(s) established pursuant
      to this section  that does  not comply  with  the  applicable standards
      and procedures,  as defined in paragraph  (d)(2) of this section.
      This shall not  apply to the initial  registration of new  vehicles.
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(f)    After December 31,  1975,  no person shall  operate  or allow the
      operation of a light-duty motor vehicle subject to the  inspection
      program(s) established pursuant to this section that does not
      comply with.the applicable standards and procedures, as defined
      in paragraph (d)(2) of this section.  This  shall  not apply to  the
      initial registration of new vehicles.

(g)    No later than February 1, 1974, the County  of Hamilton  and the
      City of Cincinnati  shall  submit to the Administrator,  for his
      approval, a detailed compliance schedule showing  the steps they
      will take to establish, operate, and enforce the  inspection/
      maintenance program required by paragraph (c) of  this  section  in-
      cluding:

      (1)   A description of the legal authority  for establishing and
            enforcing the inspection/maintenance  program, including  the
            text of proposed or adopted legislation and regulations.

      (2)   Specific dates (day, month, and year) by which various  steps
            to implement the inspection/maintenance system will be  com-
            pleted, such steps to include, at a minimum, the following:
            Submitting final plans and specifications for the system to
            the Administrator for his approval, ordering necessary  equip-
            ment, commencement of on-site construction  and/or install-
            ation, completion of on-site construction and/or installation
            and system operation (this last date  to be  no later than
            January 1. 1975).

      (3)   An identification of the sources and amounts of funds
            necessary to implement the system, together with written
            assurances from the chief executive officers of the city and
            county that they will seek any necessary funding from the
            appropriate legislative bodies.

      (4)   Other necessary provision to carry out the Program.
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10.0)   S52.1879  Review of New or Modified Indirect Sources

            (b)   Regulation  for Review  of  New  or  Modified  Indirect  Sources

                 (1)   All  terms used  in this paragraph  but not  specifically defined
                      below  shall  have  the meaning  given them in  52.01 of this chapter.
                          i
                      (i)      The  term  "indirect  source" means  a  facility, building,
                              structure, or installation which  attracts or may attract
                              mobile  source activity  that  results in emissions of a
                              pollutant for which there is a national standard.  Such
                              indirect  sources include, but are not limited to:

                              (a)   Highways and roads.

                              (b)   Parking facilities.

                              (c)   Retail, commercial  and  industrial facilities.

                              (d)   Recreation, amusement,  sports  and entertainment
                                   facilities.

                              (e)   Airports.

                              (f)   Office  and  Government buildings.

                              (g)   Apartment and  condominium buildings.

                              (h)   Education facilities.

                      (ii)    The  term "Administrator" means the  Administrator of the
                              Environmental Protection Agency or  his designated  agent.

                      (iii)    The  term "associated  parking area"  means a  parking facil-
                              ity  or  facilities owned and/or operated  in  conjunction
                              with an indirect source.
                          /
                      (iv)    The  term "aircraft  operation" means an aircraft take-off
                              or landing.

'                      (v)      The  phrase "to commence construction" means  to  engage  in
                              a continuous program of on-site construction  including
                              site clearance,  grading, dredging,  or land  filling specif-
                              ically  designed  for an  indirect source  in  preparation  for
                              the  fabrication, erection,  or installation  of the  build-
                              ing  components of the indirect source.   For the purpose
                              of this paragraph,  interruptions  resulting  from acts  of
                              God, strikes, litigation, or other  matters  beyond  the
                              control of the owner shall  be disregarded  in  determining
                              whether a construction  or modification  program is  contin-
                              uous.
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     (vi)    The phrase  "to commence modification" means to engage in
            a continuous program of on-site modification, including
            site clearance, grading, dredging, or land filling in
            preparation for specific modification of the indirect
            source.

     (vii)   The term  "highway section" means the development propo-
            sal of a  highway of substantial length between logical
            termini (major crossroads, population centers, major
            traffic generators, or similar major highway control ele-
            ments) as normally included  in a single location study or
            multi-year  highway improvement program as set forth in
            23 CFR 770.201 (38 FR 31677).

     (viii)  The term  "highway project" means all or a portion of a
            highway section which would  result in a specific con-
            struction contract.

     (ix)    The term  "Standard Metropolitan Statistical Area  (SMSA)"
            means such  areas as designated by the U.S. Bureau of the
            Budget in the  following  publication:  "Standard Metro-
            politan Statistical Area," issued in 1967, with subse-
            quent amendments.

(2)  The requirements  of this paragraph are applicable to  the  follow-
     ing:

     (i)     In  an SMSA:

             (a)  Any  new parking  facility or  other  new  indirect
                  source with an  associated parking  area,  which  has  a
                  new  parking capacity of 1,000  cars  or more;   or

             (b)   Any  modified  parking facility,  or  any modification
                  of  an  associated parking area,  which  increases
                  parking capacity by 500 cars or more;   or

             (c)   Any  new highway project with an anticipated average
                  annual daily  traffic volume  of 20,000  or more vehi-
                  cles per day  within ten years  of  construction;  or
          \
             (d)   Any modified highway project which will  increase
                  average annual  daily traffic volume by 10,000 or
                  more vehicles per day within ten  years  after modifi-
                  cation.

     (ii)    Outside  an SMSA:

             (a)  Any new parking facility, or other new indirect
                  source with an associated parking area, which has
                  a parking capacity of 2,000 cars or more;  or
                              -71-

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             (b)  Any modified  parking facility, or any modification
                 of an associated parking area, which increases park-
                 ing capacity  by 1,000 cars or more.

     (iii)    Any  airport, the construction or general modification
             program of which is expected to result in the following
             activity within ten years of construction or modifica-
             tion:

             (a)  New airport:  50,000 or more operations per year by
                 regularly scheduled air carriers, or use by 1,600,000
                 or more passengers per year.

             (b)  Modified airport:  Increase of 50,000 or more opera-
                 tions per year by regularly scheduled air carriers
                 over the existing volume of operations, or increase
                 of 1,600,000  or more passengers  per year.

     (iv)     Where  an indirect  source is constructed or modified in
             increments which individually are not subject to review
             under  this paragraph, and which are not part of a program
             of construction or modification in planned incremental
             phases approved by the Administrator, all such increments
             commenced after December 31, 1974, or after the latest
             approval hereunder, whichever date is most recent, shall
             be added together  for determining the applicability of
             this paragraph.

(3)   No owner or  operator of an indirect source subject to this para-
     graph  shall  commence construction or modification of such source
     after  December 31, 1974, without first obtaining approval from
     the Administrator.  Application for approval  to construct or mod-
     ify shall  be by means  prescribed by the Administrator, and shall
     include a copy of any  draft or final environmental impact state-
     ment which has been prepared pursuant to the  National Environmen-
     tal Policy Act (42 U.S.C.  4321).   If not included in such environ-
     mental impact  statement, the Administrator may  request the follow-
     ing information:

     (i)     For  all  indirect sources subject to this paragraph, other
             than highway projects:
         i
             (a)  The  name  and  address  of the applicant.,

             (b)  A map  showing the  location of  the  site  of  indirect
                  source  and  the  topography  of  the area.

             (c)  A description of  the  proposed  use  of  the  site,  in-
                  cluding  the normal hours of operation of the facil-
                  ity,  and  the  general  types of  activities to be op-
                  erated  therein.
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       (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to and from the site and its associated
            parking areas, and the location and height of
            buildings on the site.

       (e)  An identification of the principal roads, highways,
            and intersections that will be used by motor vehi-
            cles moving to or from the indirect source.

       (f)  An estimate, as of the first year after the date
            the indirect source will be substantially complete
            and operational, of the average daily traffic vol-
            umes, maximum traffic volumes for one-hour and
            eight-hour periods, and vehicle capacities of the
            principal roads, highways, and intersections iden-
            tified pursuant to subdivision (i) (e) of this sub-
            paragraph located within one-fourth mile of all
            boundaries of the site.

       (g)  Availability of existing and projected mass transit
            to service the site.

       (h)  Where approval is sought for indirect sources to  be
            constructed in incremental phases, the information
            required by this subparagraph  (3)  shall be submitted
            for each phase of the construction project.

       (i)  Any additional information or  documentation that  the
            Administrator deems necessary  to  determine the air
            quality  impact of the indirect source, including  the
            submission of measured  air quality data at the pro-
            posed site prior to construction  or modification.
(ii)     For airports:
        (a)  An estimate of the average number and maximum number
             of aircraft operations  per day by type of aircraft
             during the first, fifth and tenth years after the
             date of expected completion.

        (b)  A description of the commercial, industrial, resi-
             dential and other development that the applicant
             expects will occur within three miles of the perim-
             eter of the airport within the first five and the
             first ten years after the date of expected comple-
             tion.

        (c)  Expected passenger loadings at the airport.

        (d)  The information required under subdivisions (i) (a)
             through (i) of this subparagraph.
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     (iii)    For  highway  projects:

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

             (b)  An estimate  of vehicle speeds  for average and maxi-
                 mum traffic  volume conditions  and the vehicle capac-
                 ity of  the highway project.

             (c)  A  map showing  the location of  the highway project,
                 including the  location of buildings along the right-
                 of-way.

             (d)  A  description  of  the  general features of the high-
                 way project  and associated right-of-way, including
                 the approximate height of buildings adjacent to the
                 highway.

             (e)  Any additional information or  documentation that the
                 Administrator  deems necessary  to determine the air
                 quality impact of the indirect source,  including the
                 submission of  measured air quality data at the pro-
                 posed site prior  to construction or modification.

     (iv)     For  indirect sources other than airports and those high-
             way  projects subject to the provisions of  paragraph (b)
             (6)  (iii) of this section, the air  quality monitoring re-
             quirements of paragraph  (b) (3) (i) (i) of this section
             shall be limited  to carbon monoxide, and shall be con-
             ducted  for a period of not more than 14 days.

(4)  (i)      For  indirect sources other than highway projects and air-
             ports,  the Administrator shall not  approve an application
             to construct or modify if  he  determines that the indirect
             source  will:

             (a)  Cause a violation of  the  control strategy of any
                 applicable  state  implementation plan;   or

             (b)  Cause or exacerbate a violation of the  national stan-
                 dards  for  carbon  monoxide in any region or  portion
                 thereof.

     (1i)     The  Administrator shall  make  the  determination pursuant
             to paragraph (b)  (4)  (i)  (b)  of this section by  evaluat-
             ing  the anticipated concentration of carbon  monoxide at
             reasonable  receptor or exposure sites which  will be af-
             fected  by  the mobile  source activity expected  to be at-
             tracted by  the  indirect  source.   Such  determination may
             be made by  using traffic  flow characteristic guidelines
                             -74-

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             published  by  the  Environmental Protection Agency which
             relate  traffic  demand  and capacity considerations to am-
             bient carbon  monoxide  impact, by  use of appropriate at-
             mospheric  diffusion models  (examples of which are refer-
             enced in Appendix 0 to Part 51 of this chapter), and/or
             by  any  other  reliable  analytic method.  The  applicant
             may (but need not) submit with his application, the re-
             sults of an appropriate diffusion model and/or any other
             reliable analytic method, along with the  technical data
             and information supporting  such results.  Any such results
             and supporting  data submitted by  the applicant shall be
             considered by the Administrator in making his determina-
             tion pursuant to paragraph  (b)  (4)  (i)  (b) of this sec-
             tion.

(5)   (i)      For airports  subject  to this paragraph,  the  Administrator
             shall base his  decision on  the  approval  or disapproval of
             an  application  on the considerations to  be published as
             an  Appendix  to  this  Part.

     (ii)    For highway  projects  and parking  facilities  specified
             under paragraph (b)  (2) of this  section  which  are  assoc-
             iated with airports,  the requirements  and procedures
             specified  in  paragraphs (b) (4)  and  (6)  (i)  and  (ii) of
             this section  shall be met.

(6)   (i)      For all highway projects subject to  this paragraph,  the
             Administrator shall  not approve an application to con-
             struct or modify  if he determines that the indirect source
             will:

             (a)  Cause a violation of the control  strategy of any ap-
                  plicable state implementation plan;  or

             (b)  Cause or exacerbate a violation of the national  stan-
                  dards for carbon monoxide in any region or portion
                  thereof.

     (ii)    the determination pursuant to paragraph  (b) (6) (i) (b)
             of this section  shall be made by evaluating the anticipa-
             ted concentration of  carbon monoxide at  reasonable  re-
   ,    ,      ceptor or exposure sites which will  be affected by the
             mobile source  activity expected  on the highway for the ten
             year period  following the  expected date  of  completion ac-
             cording to the procedures  specified in paragraph (b) (4)
             (ii) of this section.

     (iii)   For new highway  projects subject to this paragraph with
             an  anticipated average daily traffic volume of 50,000 or
             more vehicles  within  ten years of construction, or mod-
             ifications to  highway projects subject to this paragraph
             which will increase average daily traffic volume by 25,000
                              -75-

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

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

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

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

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

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

             (c)  Notify the public, by prominent advertisement in a
                  newspaper of general circulation  in each region  in
                  which the proposed indirect source would be  con-
                  structed, of the opportunity  for written public  com-
                  ment on the information submitted by the owner or
                  operator and the Administrator's  preliminary  deter-
                  mination on the approvability of the indirect source.
i
     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and agencies having cognizance over the location  where
             the indirect source will be situated,  as follows:   State
             and local air pollution control agencies, the chief exec-
             utive of the city and  county;  any comprehensive  regional
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            land use planning agency;  and for highways, any local
            board or cormrittee charged with responsibility for activ-
            ities in the conduct of the urban transportation planning
            process (3-C process) pursuant to 23 U.S.C. 134.

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

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

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

(9)   (i)     Whenever an  indirect  source  as  proposed  by  an owner or
             operator's  application would not be permitted to  be con-.
          '   structed for  failure  to meet the tests  set  forth  pursuant
             to paragraphs  (b)  (4)  (i),  (b)  (5)  (i),  or (b)  (6)  (i)
             and  (iii)  of  this  section,  the  Administrator may impose
             reasonable  conditions  on  an  approval  related  to the air
             quality  aspects  of the proposed indirect source so  that
             such  source,  if constructed or  modified in  accordance
             with  such  conditions,  could meet the  tests  set  forth
             pursuant to paragraphs (b)  (4)  (i),  (b)  (5)  (i),  or  (b)
             (5)  (i)  and (iii)  of this  section.   Such conditions may
             include,  but not be limited to:
       ,i
             (a)   Binding commitments  to roadway improvements or ad-
                  ditional  mass  transit facilities  to serve  the in-
                  direct source secured by  the  owner or operator from
                  governmental  agencies having  jurisdiction  thereof;

             (b)   Binding commitments by the owner or operator to
                  specific programs for mass transit incentives for
                  employees and patrons of the source;  and
                              -77-

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

      (1i)     The  Administrator  may specify that any items  of informa-
              tion provided in an application  for  approval  related to
              the  operation of an indirect source  which  may affect the
              source's  air  quality  impact  shall  be considered permit
              conditions.

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May  31, 1972 as amended at 40 FR  28065, July 3,
        1975;  40  FR 40160,  Sept. 2, 1975)
                                -79-

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(10.0)  s 52.1879  Review of new sources and modifications

       (c)   The requirements of §51.18(h)  of this chapter  are not met because the
            State failed to submit procedures providing for public comment  on re-
            view of new or modified stationary sources.

       (d)   Regulation providing for public comment.

            (1)  For purposes of this paragraph,  "Director" shall mean the
                 "Director of the Ohio Environmental  Protection Agency".

            (2)  Prior to approval or disapproval of the construction or  modifi-
                 cation of a stationary source, the Director shall:

                 (i)  Make a preliminary determination whether construction or
                      modification of the stationary source should be approved,
                      approved with conditions or disapproved.

                (ii)  Make available in at least one location in the region in
                      which the proposed stationary source would be constructed
                      or modified, a copy of the Director's preliminary determi-
                      nation, and a copy or summary of other materials, if  any,
                      considered by the Director in making his preliminary
                     1 determination; and

               (iii)  Notify the public, by prominent advertisement in a
                      newspaper of general circulation in  the region in which
                      the proposed stationary source would be constructed or
                      modified, of the opportunity for public comment on the
                      information submitted by the owner or operator and the
                      Director's preliminary determination on the approvability
                      of the new or modified stationary source.

            (3)  A copy of the notice required pursuant to this paragraph shall
                 be sent to the Administrator through  the appropriate regional
                 office and to all other State and local air pollution control
                 agencies having jurisdiction within the region where the
                 stationary source will be constructed or modified.

            (4)  Public comments submitted in writing  within 30 days of the date
                 such information is made available shall  be considered by the
                 Director in making his final decision on the application.
                                             -80-

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(50.2)    §52.1881  Control strategy: Sulfur oxides (sulfur dioxide).

         (a)   The requirements of §51.13 of this chapter are not met because
               the Ohio plan does not provide for attainment and maintenance of
               the national standards for sulfur oxides (sulfur dioxide).

         (b)   Regulations for the control of sulfur dioxide in the State of
               Ohio.

               (1)   Definitions - All terms used in this paragraph but not
                     soecific^lly defined below shall have the meaning given
                     them in the Clean Air Act or Parts 51, 52, or 60 in this
                     Chapter.

                     (i)   /By-product coke oven gas" means the gas produced
                           during the production of metallurgical coke in slot-
                           type, by-product coke batteries.

                     (ii)   "Flue gas desulfurization" means any pollution control
                           process which treats stationary source combustion flue
                           gas to remove sulfur oxides.

                    (iii)   "Fossil Fuel" means natural gas, refinery fuel gas,
                           coke oven gas, petroleum, coal and any form of solid,
                           liquid, or gaseous fuel derived from such materials.

                     (iv)   "Fossil fuel-fired steam generating unit" means a fur-
                           nace or boiler used in the process of burning fossil
                           fuel for the purpose of producing steam by heat
                           transfer.

                     (v)   "Heat input" means the total gross calorific  value
                           (where gross calorific value is measured by ASTM
                           Method D2Q15-66, D240-64, or D1826-64) of all fossil
                           and non-fossil fuels burned.  Where two or more fossil
                           'fu3'l-fired steam generating units are vented  to the
                           same stack the heat input shall be the aggregate of all
                           units vented to the stack.
                           t
                     (vi)   "Owner or operator" means any person who owns, leases,
                           operates, controls, or supervises a facility, building,
                           structure, or  installation which directly or  indirectly
                           results  or may result in emissions of any air pollutant
                           for which a  national standard is in effect.
                           »
                    (vii)   "Primary zinc  smelter" means any installation engaged
                           in  the production, or any intermediate process in  the
                           production,  of zinc or zinc oxide  from  the zinc  sulfide
                           ore concentrates through  the use of pyrometallurgical
                           techniques.
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(viii)    "Process"  means any source operation  including  any
         equipment, devices, or contrivances and all  appurten-
         ances  thereto,  for changing any material  whatever or
         for storage or  handling of any materials,   the  use  of
         which  may  cause the discharge  of any  air contaminant
         into the open air, but not including  that equipment
         defined as fossil  fuel  fired steam generating units
         in these regulation.   Duplicate or similar parallel
         operations within  a structure, building,  or shop  shall
         be considered as a single process for purposes  of this
         regulation.

  (ix)    "Process weight" means the total  weight of all  materials
         and solid  fuels introduced into any specific process4
         Liquid and gaseous fuels and combustion air will  not
         be considered as part of the process  weight unless
         they become part of the product.   For a cyclical  or
         batch  operation, the process weight per hour will be
         derived by dividing the total  process weight by the
         number of  hours from the beginning of any given
         process to the  completion thereof, excluding any
         time during which  the equipment is idle.   For a
         continuous operation, the process weight per hour will
         be derived by dividing the process weight for the
         number of  hours in a given period of  time by the  number
         of hours in that period.  For  fluid catalytic cracking
         units, process  weight shall mean the  total weight of
         material introduced as fresh feed to  the cracking unit.
         For sulfuric acid  production units, the nitrogen  in
         ~che air feed shall not be included in the calculation
         of process weight.

   (x)    "Run"  means the net period of  time during which an
         emission sample is collected.   Unless otherwise speci-
     v    fied,  a run may be either intermittent or continuous
         within the limits  of good engineering practice  as
         determined by the  Administrator.

  (xi)    "Source operation" means the last operation preceding
         the emission of an air contaminant, which operation
         (a) results in  the separation  of the  air contaminant
         from process materials or in the conversion of the
         process materials  into air contaminants, as in  the
         case of combustion of fuel; and (b)  is not primarily
         an air pollution abatement operation.
         i
 (xii)    "Stack" means any  chimney, flue, vent, roof monitor,
         conduit or duct arranged to vent emissions to  the
         ambient air.
                             -82-

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   (xiii)    "Sulfur recovery  plant" means  any  plant  that  recovers
            elemental  sulfur  from any  gas  stream.

    (xiv)    "Sulfuric  acid  production  unit" means  any  facility
            producing  sulfuric  acid by the contact process  by
            burning elemental sulfur,  alkylation acid,  hydrogen
            sulfide, organic  sulfides  and  mercaptans,  or  acid
            sludge,

     (xv)    "Total  rated capacity" means  the  sum of  the rated
            capacities of all fuel-burning equipment connected to
            a common stack.   The rated capacity shall  be  the
            maximum guaranteed  by the  equipment manufacturer or
            the maximum normally achieved  during use as determined
            by the Administrator, whichever  is greater.

(2)   Test Methods and Procedures - Unless specified below, the
      test methods and procedures used for determining compliance
      with the applicable subparagraphs of |52.1881(b) shall be
      those prescribed in Part  60 of  this  chapter.  Compliance
      tests shall  be conducted  under  such  conditions as the
      Administrator shall specify based on representative per-
      formance of the  affected  facility.   Notification and record-
      keeping procedures shall  be those prescribed in  §60.7 of  this
      chapter.  The owner or operator shall  make  available to  the
      Administrator such records as may be necessary to determine
      the conditions of the performance tests. A  compliance  test
     1 shall consist of at least three runs.

      (i)   The test methods and procedures  used  for determining
            'Compliance for any  sulfur recovery plant subject  to
            applicable subparagraph,  of |52.1881(b)  shall be  those
            prescribed in §60.46 of this chapter with  the excep-
            tion that the maximum amount of sulfur dioxide sampled
            by Method 6 shall not exceed 50 percent of the
            stcichiometric amount of hydrogeh  peroxide absorbent.

     (ii)   'The test methods and procedures  used for determining
            compliance for any sulfuric acid production unit,  or any
            primary zinc smelter subject to the applicable subpara-
            graphs  of §52.1881(b) shall be those prescribed in
            §60.85  of this chapter.

    (iii)   The test methods and procedures used to determine the
            compliance of any stack venting any fossil fuel-fired
            steam generating units subject to the applicable
            subparagraphs of |52.1881(b) shall be those prescribed
            in §60.46 of this chapter.  The test methods for
                                -83-

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            determining the sulfur content of  fuels  shall  be  those
            specified in §60.45 of this  chapter.

(3)    Severability -  If any provision  of these regulations or the
      application thereof to any person  or circumstances  is held
      to be invalid,  such invalidity shall  not affect  other pro-
      visions or application of any other part of  these  regulations
      which can be given effect without  the invalid  provisions or
      application, and to this end the provisions  of these regu-
      lations and the various applications thereof are declared
      to be severable.

(4)    Submission of Information - The  submission of  any  information
      required under §52.1882 shall be made to the Director,
      Enforcement Division, U.S.  Environmental  Protection  Agency,
      Region V, 230 South Dearborn, Chicago, Illinois, 60604,
      Attention Air Compliance Section.

(5)    For purposes of this regulation, stack and boiler  identifi-
      cation numbers  used in this paragraph were derived from
      correspondence submitted to the  U.S.  EPA by  the  affected
      owners or operators, and may be  found in the record  support-
      ing this rulemaking.

(6)    This paragraph contains no applicable provisions in  the fol-
      lowing counties of Ohio: Ashland,  Brown, Carroll,  Champaign,
      Clinton, Darke, Defiance, Fayette, Fulton, Geauga,  Guernsey,
      Hardin, Harrison, Highland, Hocking, Holmes, Jackson, Kr.ox,
      Logan, Madison, Monroe, Morrow,  Noble, Perry,  Portage,
      Preble, Putnam, Shelby, Union, Van Wert, Warren, Williams  and
      Wyandot, not does it apply to facilities equal to  or less
      than 10 million BTU per hour total aggregate rated capacity
      of all units at a facility.

(7)  - (10)  Reserved.

(11)  In Adams County:

      (i)   The Dayton Power and Light Company or  any  subsequent
            'owner or operator of the Stuart Power  Plant  in Adams
            County, Ohio shall not cause or permit the emission  of
            sulfur dioxide from any stack at the  Stuart  Plant in
            excess of 3.16 pounds of sulfur dioxide  per  million
            BTU actual heat input.

     (ii)   Jn leiu of meeting subparagraph (ll)(i), the Dayton
            Power and Light Company may  elect, in  accordance with
            the compliance schedule provisions of §52.1882,  to
            comply with the emission limitations  which will satisfy
            the following equation:
                                -84-

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            (A)    0.0791  (ELi+  EL2+EL3+EL4*!

                  where EL-j  is  the emission limitation (pounds
                  per million BTU) per stack i and i is the stack
                  number.   For  purposes of this regulation, each
                  stack is  identified  as follows:

                  Stack No.  :                Boiler  identification
                     1	1
                     2	2
                     3	3
                     4	4

(12)  In Allen County:

      (i)   The Ford Motor  Company or any subsequent owner or
            operator of the Ford Motor Company facilities at Allen
            County,  Ohio  shall  not cause or permit the emission of
            sulfur dioxide  from any  stack in excess  of 3.40 pounds
            of sulfur dioxide per million BTU actual heat input.

     (ii)   The present or  any  subsequent owner or operator of the
            Lima State Hospital at Allen County,  Ohio shall not
           . cause or permit the emission of sulfur dioxide from
            any stack in  excess of  5.39 pounds of sulfur dioxide
            per million BTU actual  heat input.

    (iii)   The Vistron  Corporation  or any subsequent owner or
            operator of the Vistron  Corporation facilities at Allen
            County,  Ohio  shall  not  cause or permit the emission of
            sulfur dioxide  from any  stack  in excess  of 1.27 pounds
            of sulfur dioxide  per million  BTU  actual heat  input.

     (iv)   The Standard  Oil Company or any subsequent owner or
            operator of the Standard Oil  Company  facilities at
            Allen County, Ohio  shall not  cause  or permit the
            emission of sulfur  dioxide  in  excess  of  the  rates
            specified below

      (v)   The Ohio  Power Company  or any  subsequent owner or
            operator of the Woodcock Power Plant  in  Allen  County,
            tOhio, shall  not cause or permit  the emission of sulfur
            dioxide from any stack of the Woodcock  Power Plant
            in excess of 4.38 pounds of sulfur dioxide  per million
            BTU actual heat input.

            (A)   100 pounds of sulfur dioxide per 1COO  pounds  of
                  sulfur processed at the Claus unit.
                                -85-

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            (B)    0.30  pounds  of  sulfur dioxide per 1000 pounds
                  of petroleum products at  the Fluid Catalytic
                  Cracker/Carbon  Monoxide  Boiler.

            (C)    11.00 pounds of sulfur dioxide per ton of
                  production at the Trolumen unit.

            (D)    0.71  pounds  of  sulfur dioxide per million BTU
                  actual  heat  input at the  Iso Stabilizer and Split
                  Heaters - B002.

            (E)    0.21  pounds  of  sulfur dioxide per million BTU
                  actual  heat  input at the  Vac I Heater - BG12.

            (F)    0.13  pounds  of  sulfur dioxide per million BTU
                  actual  heat  input from all remaining process
                  heaters and  fossil  fuel-fired steam generators.

(13)   In Ashtabula County:

      (i)   The  Cleveland Electric Illumination Company or any
            subsequent  owner or operator of the Ashtabula Power
            Plant in Ashtabula County, Ohio shall not cause or
            permit the  emission of sulfur dioxide from any of
            the  stacks  1,2, and 3 at  the Ashtabula Plant in excess
            cf 2.40 pounds of  sulfur  dioxide per million BTU actual
            heat input.   Emissions of sulfur dioxide from stack
            4 at the Ashtabula Plant  shall  not exceed 9.10
            pounds of sulfur dioxide  per million BTU actual heat
            input.  Emissions  of  sulfur dioxide from stack 5 at
           'the  Ashtabula plant shall not exceed 8.20 pounds of
            sulfur dioxide per million BTU  actual heat input.

     (ii)   The  RMI Corporation,  or any subsequent owner or
            operator of the RMI Corporation metal reduction plant
            in Ashtabula County,  Ohio shall not cause or permit
            emissions of sulfur dioxide in  excess of 4.80 pounds
            of sulfur dioxide  per million BTU actual heat input.

    (iii)   The  RMI Corporation,  or any subsequent owner or
         >   operator of the RMI Corporation sodium plant at Ash-
            tabula County, Ohio shall not cause or permit the
            emissions of sulfur dioxide in  excess of 2.70 pounds
            of sulfur dioxide  per million BTU actual heat input.

     (iv)   The  General Tire  and  Rubber Company, or any  subsequent
            owner or operator  of  the  General Tire and Rubber Com-
            pany Plant  at Ashtabula  County, Ohio  shall not  cause
            or permit the emissions  of sulfur dioxide in excess
            of 1.30 pounds of  sulfur  dioxide per million BTU actual
                               -86-

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            heat input.

      (v)    The New Jersey Zinc  Company  or  any subsequent owner
            or operator  of New Jersey  Zinc  Company Plant at
            Ashtabula  County, Ohio  shall  not  cause or permit
            the emission of sulfur  dioxide  in excess of 1.50
            pounds  of  sulfur dioxide per million BTU actual
            heat input at any oil burning unit.

(14)  In Athens County:
      (1)
     (11)
    (111)
 No  owner  or  operator of any fossil fuel-fired steam
 generating unit,  unless otherwise specified below,
 shall  cause  or  permit  the emission of sulfur dioxide
 from any  stack  in excess of 7.50 pounds of sulfur
 dioxide per  million BTU actual  heat input.

 The Columbus and  Southern Ohio  Power Company or any
 subsequent owner  or operator of the Poston Power Plant
 in  Athens County, Ohio shall not cause or permit
 the emission of sulfur dioxide  from stacks 1 and 2 at
 the Poston Plant  in excess of 3.72 pounds of sulfur
 dioxide per  million BTU actual  heat input.  Stack
 number 3  is  subject to New Source'Performance Standards
 and is limited  to 1.2  pounds of sulfur dioxide per
 million BTU  of  actual  heat input.

 In  lieu of meeting subparagraph (14)(ii), the Columbus
 and Southern Ohio Power Company may elect in accordance
'with the  compliance schedule provisions of  §52.1882,
 to  comply with  the emission limitations which will
 satisfy all  of  the following equations:

 (A)   0.1932 ELi+ 0.0757  EL2^1
 (B)   0.1369 ELi+ 0. 1276  El_2 ^1
'(C)   0.1230 ELJ+ 0.1406  EL2^1

 where ELi  is the  emission  limitation  (in  pounds of
 sulfur dioxide  per million Btu  of actual  heat input)
 per stack i, and  i is  the  stack number.   For purposes
 of this  regulation,  each  stack  is identified as follows:
                  Stack No.
                    1	
                    2	
                    3......
                              Boiler identification
                             .1,  2
                             .3,  4
                             .B,  6
(15)  In Auglaize County, the Goodyear Tire and Rubber Company,
      of any subsequent owner or operator of the Goodyear Tire
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      and Rubber Company  facilities  in Auglaize County, Ohio shall
      not cause or permit the  emission of sulfur dioxide from
      any stack in excess of 4.20  pounds of sulfur dioxide per
      million BTU actual  heat  input.
                                         &
(16)   In Belmont County:

      (i)   The Wheeling  Pittsburgh  Steel Company or any subsequent
            owner or operator  of the Martins  Ferry Steel Plant in
            Belmont County,  Ohio shall not cause or permit the
            emission of sulfur dioxide from any stack at the Martins
            Ferry facility in  excess of 2.60  pounds of sulfur
            dioxide per million BTU  actual heat input.

(17)   In Butler County:

      (i)   No present or subsequent owner or operator, unless
            otherwise specified in this subparagraph, of any fossil
            fuel-fired steam generating unit(s) located in Butler
            County, Ohio  shall  cause or permit sulfur dioxide
            emissions from any stack in excess of 1.40 pounds of
            sulfur dioxide per million BTU actual heat input.

     (ii)   No present or any  subsequent owner ov operator, unless
            otherwise specified in this subparagraph. of a by-
            product coke  oven  located in Butler County, Ohio, shall
            cause or permit the combustion of by-product coke even
            gas containing a total sulfur content expressed as
            hydrogen sulfide in excess of 100 grains of hydrogen
            sulfide per 100 dry standard cubic feet of coke oven
            gas or the emission of sulfur dioxide from any stack
            at this facility in excess of 0.50 pounds of sulfur
            dioxide per million BTU  actual heat input.

    (iii)   The Armco Steel  Company  or any subsequent owner or
            operator of the Armco  Steel-Hamilton Plant located in
            Butler County, Ohio shall cause or permit the com-
            bustion of by-product  coke oven gas containing a total
            sulfur content expressed as hydrogen sulfide in excess
            of 146 grains of hydrogen sulfide per 100 dry standard
            cubic feet of coke oven  gas or the emission of sulfur
            dioxide from any stack at this facility  in excess of
            0.73 pounds of sulfur  dioxide per million BTU actual
            heat input.

     (iv)   The Armco Steel  Company or any subsequent owner or
            operator or the Armco  Steel-Middletown  Plant located
            in Butler County,  Ohio shall  not  cause  or permit
            emissions of sulfur dioxide  from  fossil  fuel-fired

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            steam generating  units numbered BOOl, 8,002, B003,
            and  B004  in excess of 2.11 pounds of sulfur dioxide
            per  million BTU actual heat input and from fossil
            fuel-fired steam  generating units numbered B007,
            BOOB, B009, and B010 in excess of 1.79 pounds of
            sulfur dioxide per million BTU actual heat input.

      (v)    The  Champion   Paper Company or any subsequent owner
            or operator of the Champion Paper facilities located
            in Butler County, Ohio shall  not cause or permit
            emissions of  sulfur dioxide from fossil fuel-fired
            steam-generating  units numbered B010 and B020 in excess
            of 3.43  pounds of sulfur  dioxide per million BTU actual
            heat input.

(18)   In Clark County:

      (i)    The  Ohio Edison Company or any subsequent owner or
            operator of  the Mad River Power Plant  in Clark County,
            Ohio, shall  not cause or  permit the  emission of sulfur
            dioxide  from  any  of the stacks 1^2,  and 3 at the Mad
            River Plant  in excess of  4.62 pounds of sulfur dioxide
            par  million  BTU actual heat input.   Emissions of
            sulfur dioxide from stacks 4  and 5 at  the Mad River
            Plant shall  not be  in excess  of 1.00 pounds of sulfur
            dioxide  per  million BTU actual heat  input.

     (ii)    In lieu  of meeting  subparagraph  (18)(i), the Ohio
            Edison Company may  elect  for  stacks  1,2, and 3 only,  in
            accordance with the  compliance schedule provisions of
            §52.1882, to  comply with  the  emission  limitations which
            will satisfy all  of the  following  equations:
            (A)   0.0995  (ELi+ El_2) + 0.0173
            (B)   0.0498  (ELi+ El_2) + 0.0516 ELs ^
            (C)   0.0735  (ELj+ EL2) + 0.0190
            where EL-j is the emission limitation (pounds per million
            BTU) per stack i and i is the stack number.   For purposes
            cf this regulation each stack is identified as follows:

            Stack No. :            Boiler identification
               1 ................... 1
               2 ................... 2
               4 ................... A (Turbine)
               5 ................... B (Turbine)
                                -89-

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(19)   In Clermont County:

      (i)   The Cincinnati  Gas  &  Electric  Company or any
            subsequent owner or operator of the  Beckjord  Power
            Plant in Clermont County,  Ohio, shall  not, cause  or
            permit the emission of sulfur dioxide  from any stack
            at the Beckjord plant in excess of 2.02 pounds of sulfur
            dioxide per million BTU actual  heat  input.
        i
     (ii)   In- lieu of subparagraph (19)(i) the  Cincinnati Gas
            and Electric  Company may elect, in  accordance with
            the compliance schedule provisions of  §52.1882,
            to comply with the  emission limitations which will
            satisfy all of the  following equations:

            (A)  0.1426 ELi+0.1629 EL2+0.0667 EL3
                              +0.0823 EL4+0.0122
            (B)  0.1252 ELi+0.1349 EL2+0.1003 EL
                              +0.1192 EL4+0.0155
            (C)  0.0337 ELi+0.0353 El_2+0.0382 ELa
                              +0.0451  EL4Jr0.0709 EL 5 £l
            (D)  0.1334 ELi+0.1492 EL2+0.0740 EL3
                              +0.0904 EL4+0.0247 ELs ^1
            (E)  0.0249 ELi+0.0257 EL2+0.0283 EL-3
                              +0.0332 EL4+0.0841 El_5 ^1

            where EL-,- is the emission limitation (pounds  per million
            BTU) per stack i and i is the stack  number.   For purposes
            of this regulation  each stack is identified as follows:

            Stack No.:                      Boiler Identification
1 	
2 	
3 	
4 	
5 	
	 	 	 1
	 2
	 3
	 4
	 	 5,6
(20)   In Columbiana County,  no present or any subsequent owner or
      operator of any fossil fuel-fired steam generating unit(s)
      operating in Columbiana County,  Ohio shall  casue or permit
      emission of sulfur dioxide from  any stack in excess of 4.40
      pounds of sulfur dioxide per million BTU actual  heat input.
                                -90-

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(21)   In Coshocton County:

      (i)  The Columbus and Southern Ohio  Power Company  or  any  sub-
           sequent owner or operator of the  Conesville Plant  in Co-
           shocton County,  Ohio shall  not  cause or  permit the
           emission of sulfur dioxide from any  of the stacks  1, 2,
           and 3 at the Conesville Plant in  excess  of 5.66  pounds
           of sulfur dioxide per million BTU actual  heat input.
           Stack 4 at the Conesville Plant is subject to New  Source
           Performance Standards and is limited to  1.2 pounds of
           sulfur dioxide per million BTU  actual heat input.

     (ii)  In lieu of meeting subparagraph (21) (i), the Columbus
           and Southern Ohio Power Company may  elect for stacks 1,
           2, and 3 only, in accordance with the compliance
           schedule provision of § 52.182, to comply with the
           emission limitations which will satisfy  all of the
             ^, "lowing equations:
           (A) 0.0677 EL.T+0.0411 EL2+0.0065 EL341
           (B) 0.0707 ELl+0.0730 £1.2+0.0011
           (C) 0.0623 ELi+0.0767 El_2+0.0013
           (D) 0.0565 EL!+0.0337 EL2+0.0866
           (E) 0.0401 ELi+0.0683 EL2+0.0026 El_3 &1
           (F) 0.0410 ELi+0.1021 EL2+0.0    EL  *1

           where EL-j is the emission limitation (pounds per million
           BTU) per stack i, and i is the stack number.  For pur-
           poses of this regulation each stack is identified as
           follows:

           Stack No.:                      Boiler Identification
               1 ............................ 1,2
               2 ............................  3
               3 ............................  4
               4 ............................ 5,6

(22)  In Crawford County, no present or any subsequent owner or
      operator of any fossil fuel-fired steam generating unit(s)
      operating in Crawford County, Ohio, shall cause or permit
      emissions of sulfur dioxide from any stack in excess of 9.60
      pounds of sulfur dioxide per million BTU actual heat input.
                                -91-

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(23)   In Cuyahoga  County,  no  owner or operator, unless otherwise
      specified  in this  subparagraph, shall cause or permit
      emission of  sulfur dioxide  from any stack in excess of the
      rates  specified  below:

      (i)   For fossil  fuel-fired  steam generating units between 10.0
           and 350X1O5 BTU's  per  hour total rated capacity of heat
           input,  the  emission  rate  in pounds of sulfur dioxide per
          million BTU actual heat input shall be calculated by the
           following equation:              n ,m.
                               EL=7.014 Qm"U-JUI4
          where Qm is the  total  rated capacity of heat input in
          million BTU per  hour and  EL is the allowable emission
           rate  in pounds of  sulfur  dioxide per million BTU actual
          heat  input.

     (ii)  For fossil  fuel-fired  units equal to or greater than 350
          million BTU per  hour total rated capacity, 1.20 pounds
          of  sulfur dioxide  per  milliln BTU of actual heat input.

    (iii)   (A)  The Republic  Steel Corporation or any subsequent
                owner  or operator of Republic Steel  facilities
                located  in Cuyahoga  County, Ohio shall not cause
                or permit the combustion of by-product coke oven
                gas at the basic  oxygen  furnace shop, open hearth
                shop,  blast furnaces 1,  4 and 5, foundry, P-Anneals
                1-4, and car thaw 1-1  through 1-4,  containing
                a  total  sulfur content  expressed as  hydrogen
                sulfide  in excess of 240 grains of  hydrogen sulfide
                per 100  dry standard cubic  feet of  coke oven gas
                or the emission of  sulfur dioxide from any stack
                at the above facilities  in  excess of 1.20 pounds
                of sulfur,dioxide per million BTU actual heat  input.

           (B)  The Republic Steel  Corporation  or any subsequent
                owner or operator of Republic Steel  facilities
                located in Cuyohoga County,  Ohio, shall  not  cause
                or permit the emission of sulfur  dioxide  from  any
                stack attached to the Open  Hearth  precipitator
                unite  111 and 112,  98-inch  slab furnace  units  1,
                2, 3,  4, and 5, and the sinter  plant at  this
                facility in excess  of 0.00  pounds  of sulfur
                dioxide per million BTU actual  heat input.

           (C)  The Republic Steel  Corporation  or any subsequent
                owner or operator of Republic Steel facilities
                located in Cuyahoga County, Ohio,  shall  not  cause
                                -92-

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          or permit the combustion of by-product coke oven
          gas at the 84-inch slab furnace units 1, 2, and  -
          3 containing a total sulfur content expressed as
          hydrogen sulfide per 100 dry standard cubic feet
          of coke oven gas or the emission of sulfur
          dioxide from any stack at the above facilities in
          excess of 1.24 pounds of sulfur dioxide per
          million BTU actual heat input.

(iv)   The Cleveland  Electric  Illuminating  Company  or  any sub-
      sequent owner  or  operator  of  the  Lake Shore  Power Plant
      located in Cuyahoga  County, Ohio  shall  not cause or  permit
      the emission of sulfur  dioxide  from  any stack at the  Lake
      Shore  Plant in excess of the  following  rates:

      (A)  1.30  pounds of sulfur dioxide per  million  BTU
          of actual heat input from unit  no.  18.

      (B)  1.90  pounds of sulfur dioxide per  million  BTU
      .    of actual' heat input for units  91  through  94.

 (V)   The City of Cleveland  or any  subsequent owner or operator
      of the Division  Pumping Station located at  Cuyahoga  County,
      Ohio shall not cause or permit  the emission  of  sulfur
      dioxide from any  stack  at  the Division  Pumping  Station  in
      excess of 4.20 pounds  of sulfur dioxide per  million  BTU
      of actual  heat input.

(vi)   No present or  subsequent owner  or operator  of  the  fossil
      fuel-fired steam generating  units listed herein shall
      cause or permit the emission  of sulfur  dioxide  from any
      stack attached to the  identified boilers in  excess  of
      1.09 pounds of sulfur  dioxide per million BTU  of actual
      heat input:

      Company                           Boiler Identification
      (A)  Cleveland Electric Illumi-
           nating Co.,  Hamilton
           Ave.  Steam Plant  	  All boilers.
      (E)  Republic  Steel	  234,  1,  2,  A,
                                            B, and C.
                           -93-

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        (C)   Addressograph	 1, 2, and 3
        (D)   General  Electric  Co	 1 and 2.
        (E)   Jones  and  Laugh!in  Steel	 30.

 (vii)   No present  or subsequent owner or operator of the fossil
        fuel-fired  steam generating  units listed herein shall
        cause or permit the  emission of sulfur dioxide from any
        stack attached  to the  identified boilers in excess of
        0.50 pounds of  sulfur  dioxide per million BTU of actual
        heat input:

        Company                        Boiler identification
        (A)   Jones  & Laughlin,	 22, 24, 25, 26, 27,
                                            28, 29, 31, 32, 33,
                                            34, and 35.
        (B)   U.S. Steel,  Cuyahoga-Lorain	 1, 2, 3, 4, 5, and
             works	 6.
        (C)   DuPont	 18.
        (D)   Harshaw Chemical  	 7 and 8
        (E)   Standard Oil of Ohio	 7, 9, and 10.

(viii)   The United  States Steel  Corporation, Cuyahoga Works or
        any subsequent  owner or  operator of the Cuyahoga Works in
        Cuyahoga County,  Ohio  shall  not cause or permit the emis-
        sion of sulfur  dioxide from  any stack attached to boilers
        3 through 7 at  the Cuyahoga  Works in excess of 1.30
        pounds of sulfur dioxide per million BTU of actual heat
        input.

  (ix)   The Hupp Company or  any  subsequent owner or operator of
        Hupp facilities in Cuyahoga  County, Ohio shall not cause
        or permit emission of  sulfur dioxide from.any stack
        attached to boilers  1  through 3 at this facility in excess
        of 3.50 pounds  of sulfur dioxide per million BTU of actual
        heat input.

   (x)   The Chase Bag Company  or any subsequent owner or operator
        of Hupp facilities in  Cuyahoga County, Ohio shall not
        cause or permit the  emission of sulfur  dioxide from any
        stack attached  to boilers  1  & 2 at this facility in ex-
        cess of 4.20 pounds  of sulfur dioxide per million BTU of
        actual heat input.
                             -94-

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  (xi)   The  General  Electric Company or any subsequent owner or
        operator  of  General Electric facilities in Cuyahoga County,
        Ohio,  shall  not  cause or permit the emission of sulfur
        dioxide from any stack attached to boilers 3 and 4 at this
        facility  in  excess of 3.10 pounds of sulfur dioxide per
        million BTU  of actual heat input.

 (xii)   The  General  Motors Corporation or any subsequent owner
        or operator  of the Fisher Body plant at Cuyahoga County,
        Ohio shall not cause or permit the emission of sulfur
        dioxide from any stack attached to boilers 7, 8, and 9 at
        this facility in excess of 2.10 pounds of sulfur dioxide
        per  million  BTU  of actual heat input.

(xiii)   No present or subsequent owner or operator of the Medical
        Center located in Cuyahoga County, Ohio shall cause or
        permit the emission of sulfur dioxide from any stack
        attached  to  boilers 3 through 8 at the Medical Center in
        excess of 4.60 pounds of sulfur dioxide per million BTU of
        actual heat  input.

 (xiv)   The  Ford  Motor Company or any subsequent owner or operator
        of the Ford  Motor Company facilities  located at Cuyahoga
        County,  Ohio shall not cause or permit emissions of sulfur
        dioxide from any stack at these facilities in excess of
        the  rates specified below:

        (A)   1.20 pounds of sulfur  dioxide per million BTU
             actual  heat input for  boilers 1, 2, and 3 at
             the  Stamping Plant.

        (B)   4.20 pounds of sulfur  dioxide per million BTU
             actual  heat input for  boilers 1, 2, 3, 4, and 5
             at the  Engine  Plant  #2.
  (xv)   No present or subsequent  owner  or operator of  the  Highland
        View Hospital shall  cause or permit  the  emission of  sulfur
        dioxide from any stack  at the  Highland View Hospital  in
        excess of the rates  specified  below:

         (A)   2.90 pounds of sulfur dioxide per million BTU
              of  heat input for boilers 3 and 4.

         (B)   1.50 pounds of sulfur dioxide per million BTU
              of  heat input for boilers and 1 and 2.
                             -95-

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    (xvi)   The Allied  Chemical Company or any subsequent owner or
           operator  of the Allied Chemical Company sulfuric acid
           production  units at Cuyahoga County, Ohio shall not
           cause  or  permit the emission of sulfur dioxide from
           any unit  in excess of 4.8 pounds of sulfur dioxide per
           ton of 100% sulfuric acid produced.

   (xvii)   No owner  or operator, unless otherwise specified in this
           'subparagraph,  shall cause or permit the combustion of
           by-product  coke oven gas from any stack containing a
           total  sulfur content expressed as hydrogen sulfide in
           excess of 170  grains of hydrogen sulfide per 100 dry
           standard  cubic feet of coke oven gas or the emission
           of sulfur dioxide from any stack in excess of 0.86 pounds
           of sulfur dioxide per million BTU actual heat input.
           Facilities  subject to paragraph (b) (23) (i) and (ii)
           of this -paragraph are not subject to this limitation.

  (xviii)   No owner  or operator of any process equipment, unless
           otherwise specified in this subparaqraph, shall cause
           or permit the  emission of sulfur dioxide from any stack
           in excess of 6.00 pounds of sulfur dioxide per ton of
           actual process weight input.

    (xix)   The Harshaw Chemical Company or any subsequent owner or
           operator  of the Harshaw Chemical Company facilities in
           Cuyahoga  County, Ohio, shall not cause or permit the
           emission  of sulfur dioxide from any stack in excess of
           19.0  pounds of sulfur dioxide per ton of actual process
           weight input.

     (xx)   The Dupont  Company or any subsequent owner or operator
           of the Dupont  Company sulfuric acid production units at
           Cuyahoga  County, Ohio shall not cause or permit the
           emission  of sulfur dioxide in excess of 10.0 pounds of
           sulfur dioxide per ton of 100% sulfuric acid production.

(24)  In Delaware County, no present or subsequent owner or operator
      of any fossil  fuel-fired steam generating unit(s) operating
      in Delaware County, Ohio, shall cause or permit emission of
      sulfur dioxide from any stack in excess of 4.00 pounds of
      sulfur dioxide per  million BTU actual heat input.

(25)  In Erie County:

      (i)   No present  or  any subsequent owner or operator of any
           fossil fuel-fired steam generating unit(s) shall cause or
           permit emission of sulfur dioxide  from  any stack in
                                -96-

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           excess  of 1.60  pounds  of  sulfur dioxide per million BTU
           actual  heat input.

     (ii)   No present or any  subsequent  owner or operator of any
           process equipment,  shall  cause or permit  the emission from
           any stack into  the atmosphere of any process gas stream
           containing sulfur  dioxide in  excess of 9.50 pounds of
           sulfur  diixode  per ton of actual process  weight input.

(26)   In Fairfield County:

      (i)   The Diamond Power  Speciality  Company or any subsequent
           own.er or operator  of the  Diamond Power facility in Fair-
           field County, Ohio shall  not  cause or permit the emission
           of sulfur dioxide  from any stack at the Diamond Power
           facility in excess of 6.90 pounds of sulfur dioxide per
           million BTU actual  heat input.

     (ii)   The Crown-Zellerbach Corporation or any subsequent owner
           or operator of  the Crown-Zellerbach facility in Fairfield
           County, Ohio shall  not cause  or permit the emission of
           sulfur  dioxide  from the stack attached to #2 boiler at
           the Crown-Zellerbach facility in excess of 7.00 pounds
           of sulfur dioxide  per million BTU actual  heat  input.

(27)   In Franklin  County,  no  owner or operator of the following  types
      of facilities unless otherwise specified  in this  subparagraph,
      shall cause  or permit emission of  sulfur  dioxide  from any
      stack in excess of the  rates specified  below:

      (i)   For fossil fuel-fired steam generating  unit  between  10.0
           and 50.0 X 106 BTU per hour total  rated  capacity of
           heat input, the emission rate in pounds  of sulfur  dioxide
           per million BTU actual heat input  shall  be calculated by
           the following equation:                -7
                                   EL=8.088Qrrf°-43U/
           where Qm is the total rated capacity  of  heat input in
           million BTU per hour and EL is the  allowable emission
           rate in pounds  of sulfur dioxide  per  million BTU  actual
           heat input.

     (ii)   For fossil fuel-fired steam generating  unit(s) equal  to
           or greater than 50.0X106 BTU per hour total  rated  capacity
           of heat input,  the emission limitation  shall  be 1.50
           pounds of sulfur dioxide per million BTU actual  heat input.
                                -97-

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 (iii)   The present  or  any  subsequent owner or operator of the
        Columbus  State  Institution  in Franklin County, Ohio shall
        not cause or permit the  emission of sulfur dioxide from
        any stack at this facility  in excess of 3.80 pounds of
        sulfur dioxide  per  million  BTU actual heat input.

  (iv)   The present  or  any  subsequent owner or operator of the
        Columbus  State  Hospital  in  Franklin County, Ohio shall
        not cause or permit the  emission of sulfur dioxide from
     •   any stack at this facility  in excess of 4.10 pounds of
        sulfur dioxide  per  million  BTU actual heat input.

   (v)   The present  or  any  subsequent owner or operator of Ross
        Laboratory in Franklin County, Ohio shall not cause or
        permit the emission of sulfur dioxide from any stack at
        this facility in excess  of  4.80 pounds of sulfur dioxide
        per million  BTU actual heat input.

  (vi)   The present  or  any  subsequent owner or operator of the
        Rickenbacker Air Force Base in Franklin County, Ohio
        shall  not cause or  permit the emission of sulfur dioxide
        from any  stack  at this facility .in excess of 2.20 pounds
        of sulfur dioxide per million BTU actual heat input.

 (vii)   The present  or  any  subsequent owner or operator of the
        Capital City Products facility in Franklin County, Ohio,
        shall  not cause or  permit the emission of sulfur dioxide
        from any  stack  at this facility in excess of 3.10 pounds
        of sulfur dioxide per million BTU actual heat input.

(viii)   The present  or  any  subsequent owner or operator of the
        Westinghouse Electric facility in Franklin County, Ohio
        shall  not cause or  permit the emission of sulfur dioxide
      1  from any  stack  at this facility in excess of 2.20 pounds
        of sulfur dioxide per million BTU actual heat input.

  (ix)   The present  or  any  subsequent owner or operator of the
        Naval  Weapons Industrial Reserve facility in Franklin
        County shall not cause or permit the emission of sulfur
        dioxide from any stack at this facility  in excess of  1.06
        pounds of sulfur dioxide per million BTU actual heat  input.

   (x)   No owner  or  operator of  any primary  zinc smelter shall
        cause or  permit the emission of sulfur dioxide from the
        plant in  excess of  the amount prescribed by  the following
        equation:
                     Y=0.564X°-85
                             -98-

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           where  X  is  the  total  sulfur feed expressed as elemental
           sulfur in the smelter input stream in Ibs/hour and Y is
           the allowable sulfur  dioxide emission rate in Ibs/hour
           from all stacks combined.
        i
     (xi)   Except as provided  in subparagraph (27)  (x) of this para-
           graph, no owner or  operator of any process equipment shall
           cause  or permit the emission from any stack into the
           atmosphere  of any process  gas stream containing sulfur
           dioxide  in  excess of  2.40  pounds of sulfur dioxide per
           ton of actual process weight input.

(28)   In Gallia County:

      (i)   The Ohio Power  Company or  any subsequent owner or operator
           of the Gavin  Power  Plant in Gallia County, Ohio shall not
           cause  or permit the emission of  sulfur  dioxide from any
           stack  at the  Gavin  facility in excess of 9.50 pounds per
           million  BTU actual  heat input.

     (ii)   The Ohio Valley Electric Company or any subsequent owner
           or operator of  the  Kyger Creek Power Plant in Gallia
           County,  Ohio  shall  not cause or  permit  the emission of
           sulfur dioxide, from any stack at the Kyger Creek facility
           iVi excess  of  8.20  pounds of sulfur dioxide per million
           BTU actual  heat input.

(29)   In Greene County:

      (i)   No owner or operator  of any process equipment shall cause
           or permit  the emission of sulfur dioxide from any  stack
           in excess  of  that  permitted by  the following equation:
                      EL=563.P-0.9027
           where EL is the allowable emission rate in pounds  of sulfur
           dioxide per ton of actual  process weight input and P is
           the design process  weight input  rate  in tons per hour.

     (ii)  The present or any subsequent  owner of  the Wright-Patterson
           Air Force  Base in  Greene County, Ohio shall  not  cause  or
           permit emissions of sulfur dioxide  in excess of  0.38
           pounds of sulfur dioxide per million  BTU actual  heat  input
           from all stacks at building  271; emissions of  sulfur  dioxide
           in excess  of 0.81  pounds of sulfur  dioxide  per million BTU
           actual heat input from all stacks  at  building  770;  emissions
                                -99-

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           of sulfur  dioxide  in excess of 0.33 pounds of sulfur
           dioxide  per million BTU actual heat input from all stacks
           at building 66;  emissions of sulfur dioxide in excess
           of 0.79  pounds of  sulfur dioxide per million BTU actual
           heat  input from  all stacks at building 1240; emissions
           of sulfur  dioxide  in excess of 0.93 pounds of sulfur
           dioxide  per million BTU actual heat input from all stacks
           at building 170.

    (iii)   No present or any  subsequent owner of the Antioch College
        ,   at Greene  County,  Ohio shall cause or permit the emissions
           of sulfur  dioxide  from any stack at Antioch College in
           excess of  the rates specified below:

           (A)  6.20  pounds of sulfur dioxide per million BTU
                actual heat input  for any  fossil fuel-fired
                steam generating  unit burning coal.

           (B)  1.40  pounds of sulfur dioxide per million BTU
                actual heat input  for any  fossil fuel-fired
                steam generating  unit burning oil.

     (iv)   No present or any  subsequent owner of Central State
           University at Green County, Ohio shall cause or permit
           emissions  of sulfur dioxide from any stack at Central
           State University in excess of the rates specified below:

           (A)  4.30 pounds of sulfur dioxide  per  million  BTU
                actual  heat input from stack  1.

           (B)  0.30 pounds of sulfur dioxide  per  million  BTU
                actual  heat input from Stack  2.

(30)   In Hamilton  County:

      (i)   No owner or operator of any fossil fuel-fired steam
           generating unit(s) located in Hamilton County, Ohio,  unless
           otherwise  specified in  this subparagraph, shall cause or
           permit  sulfur  dioxide emissions  from any stack in excess
           of 2.00  pounds  of sulfur  dioxide per million BTU  actual
           heat  input.
                                -100-

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     (ii)  The  Cincinnati Gas and Electric Company or any sub-
          sequent owner or operator of the Miami Fort Power Plant '
          in Hamilton County, Ohio shall not cause or permit the
          emissions of sulfur dioxide, from stack number 2 at the
          Miami  Fort Plant in excess of 0.30 pounds of sulfur
          dioxide per million BTU actual heat input, from stacks
          3 and  4 at the Miami Fort Plant in excess of 3.30 pounds
          of sulfur dioxide per million BTU actual heat input, from
          stack  5 at the Miami Fort Plant in excess of 5.50 pounds
          of sulfur dioxide per million BTU actual heat input.
          Stack  number 6 is subject to Federal New Source Performance
          Standards and is limited to 1.20 pounds of sulfur dioxide
          per  million BTU of actual heat input.  Stacks at the
          Miami  Fort Power Plant are identified as follows:
Stack No.
2 	
3 	
4 	
5.. t 	
6 	
Boiler No
	 3
	 	 	 „ 	 4&5
	 6
	 7
	 	 	 8
    (iii)   No owner or operator  of  a  sulfur acid production unit(s)
           shall  cause or permit the  emissions of sulfur dioxide
           from the unit(s)  in excess of  21.0 pounds of sulfur
        ,   dioxide per ton of  100%  sulfuric acid produced.

     (iv)   No owner or operator  of  any fluidized catalytic cracking
           unit located in Hamilton County, Ohio shall cause or
           permit sulfur dioxide emissions from any unit in excess
           of 0,78 pounds of charging feed stock.

(31)  In Hancock County:

      (i)   No owner or operator  of  any fossil fuel-fired steam
           generating unit(s)  or process  operation heater(s) located
           in Hancock County,  Ohio, unless otherwise specified in
           the subparagraph, shall  cause  or permit sulfur dioxide
           emissions from any stack in excess of 5.20  pounds of
           sulfur dioxide per million BTU actual heat  input.

      (ii)  The Northern  Ohio Sugar Company, or any subsequent owner
           or operator of the Northern Ohio Sugar Company facilities
           in Hancock  County, Ohio,  shall not cause or permit sulfur
           dioxide  emissions from  any  stack in excess of 2.50 pounds
           of sulfur dioxide per million BTU actual  heat input.
                                -101-

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(32)   In Henry County:

      (i)  No owner or  operator  of any  oil-fired  fossil fuel  steam
           generating unit,  unless otherwise  specified  shall  cause
           or oermit emission  of sulfur dioxide from any  stack  in
           excess  of 2.10  pounds per  million  BTU  actual heat  input.

     (ii)  The present  or subsequent owner or operator of the City
           of Napoleon  Power Plant in Henry County,  Ohio  shall  not
           cause or permit the emission of sulfur dioxide from any
           stack at the Napoleon Power Plant in  excess of 0.0 pounds
           of sulfur dioxide per million BTU actual  heat  input.

(33)  In Huron County,  no owner or operator of any fossil fuel-fired
      steam generating  unit shall cause or permit emission of sulfur
      dioxide from any  stack in excess of 8.00 pounds  of  sulfur
      dioxide per million BTU actual  heat input.

(34)  In Jefferson County, no owner or operator,  unless otherwise
      specified in this subparagraph, shall cause or permit sulfur
      dioxide emissions from any stack in excess  of the rates
      specified below:

      (i)  For fossil  fuel-fired steam generating unit(s) burning
           coal:  1.80 pounds of sulfur dioxide per million BTU
           actual  heat input.
           i
     (ii)  For fossil  fuel-fired steam generating uhit(s) burning
           oil:  0.80 pounds of sulfur dioxide per million BTU
           actual  heat input.

    (iii)  The Kaul Clay Company or any subsequent owner  or operator
           of the Kaul  Clay Plant facilities in Jefferson County,
           Ohio shall  not cause or permit the emission of sulfur
           dioxide from any stack of this facility "'n excess of 2.82
           pounds of sulfur dioxide per million BTU actual heat input.

     (iv)  The Toronto Paper Board Company or any subsequent owner
           or operator of the Toronto Paper Board Company plant
           facilities in Jefferson County, Ohio shall  not cause or
           permit the emission of sulfur dioxide from any stack at
           this facility in excess of 5.96 pounds of sulfur dioxide
           per million BTU actual heat input.

      (v)  The Ohio Edison Company or any subsequent owner or
           operator of the Toronto Power Plant in Jefferson County,
           Ohio shall  not cause or permit the emission of sulfur
           dioxide from any stack at the Toronto Plant in excess
           of 8.10 pounds of sulfur dioxide per million  BTU actual
           heat input.
                               -102-

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  (vi)  The  Ohio  Edison  Power Company or any subsequent owner
       or operator of the Sammis  Power Plant in Jefferson County,
       Ohio shall not cause or permit the emission of sulfur
       dioxide from  any stack at  the Sammis Plant in excess of
       2.91  pounds of sulfur dioxide per million BID actual
       heat input.

 (vii), In lieu of meeting subparagraph (34) (vi), the Ohio
       Edison Company may elect,  in accordance with the compliance
       schedule  provision of § 52.1882, to comply with the
       emissions limitations which simultaneously satisfy all of
       the  following equations:

       (A)   0.1673 ELi+0.1670 EL2+0.0072
                                  EL3+0.0022
       (B)   0.0557 (ELi+EL2)-K).1106
                                  EL3+0.0734
       where EL.,-  is  the emission  limitation (pounds per million
       BTU) per  stack i and  i is  the stack number.  For purposes
       of this regulation each stack is identified as follows:

       Stock No.:                          Boiler  identification
            1	1,2
        '•    2	3,4
            3	..5,6
            4	   7

(viii)  The  owner or  operator cf  the Cardinal  Power Plant  in
       Jefferson County, Ohio shall not cause  or permit the  emis-
       sion of  sulfur dioxide from any stack  at  the Cardinal  Plant
       in excess of  4.76 pounds  of sulfur  dioxide  per million BTU
       actual  heat input.

  (ix)   In  "h'eu  of meeting subparagraph  (24)  (vii), the  owner or
       operator  of the  Cardinal  Power  Plant may  elect,  in accor-
       dance with the compliance schedule  provision of  §  52.1882,
        to  comply with the emission limitations which  satisfy the
        following equation.
                           (A)  0.0668  (ELl+EI_2)-:-0.0763  ELa^l
       where ELl is  the emission limitations  (pounds  per  million
        BTU) per stack  i and i  is the  stack number.   For purposes
       of  this  regulation each  stack  is  identified as  follows:
                             -103-

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Stack No.:
1 	
2 	
3 	
Boiler identificati


                                                                1
                                                                2
                                                                3

   (x)   The Ohio  Power  Company  or any subsequent owner or operator
        of the  Tidd  Power  Plant in Jefferson County, Ohio, shall
        not cause or permit  the emission of sulfur dioxide from any
        stack at  the Tidd  Plant in excess of 1.58 pounds of sulfur
        dioxide per  million  BTU actual heat input.

  (xi)   In lieu of meeting subparagraph  (24) (vii), the Ohio Power
        Company may  elect, in accordance with the compliance
        schedule  provision of § 52.1882, to comply with the emis-
        sion limitations which  will  simultaneously satisfy all of
        the following equations:

        (A)  . 1521 (ELi+EL>.3267 ELs ^1
        (B)  .1443(ELi+EL2)K3338 EL3 ^1
        (C)  .1568(EI_i+El_3K3169 ELo ^1
        (D)  .1591 (EL1+EL2^.3143 El_3 ^1

        where E!_i is the emission limitations (pounds par million
        BTU) per  stack  i and i  is the stack number.  For purposes
        of this regulation each stack is identified as follows:
Stack No. :
1 	 , 	
•>
3 	
Boiler identification
	 11
	 12
	 21
 (xii)   No owner or operator of a  by-product  coke  oven  shall cause
     ,   or permit the combustion of by-product  coke oven  gas
        containing a total  sulfur  content  expressed as  hydrogen
        sulfide in excess  of 50 grains  of  hydrogen sulfide  per
        100 dry standard cubic  feet of  coke oven gas.

(xiii)   The Wheeling Pittsburg  Steel  Company  or any  subsequent
        owner or operator of the Yorkville Steel Plant  facility
        in Jefferson County, Ohio  shall  not cause  or  permit the
        emission of sulfur dioxide from any fossil fuel-fired
        steam generating unit stack at  the Yorkville  facility  in
        excess of 4.20 pounds of sulfur dioxide per million BTU
        actual heat input.
                            -104-

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(35)   In Lake County,  no owner or operator  of  the  following types
      of facilities,  unless  otherwise  specified  in this  subpara-
      graph,  shall  cause or  permit emissions from  stack  in
      excess  of the rates specified below:

      (i)   For fossil  fuel-fired steam generating units between
            10.0 and 1000 X  10° BID per hour total  rated capacity
            of heat input, the emission rate in  pounds of sulfur
            dioxide per million BTU actual  heat  input shall be
            calculated by the following equation:

                  EL = 14.976Qm -0.3431

            where Qm is the  total rated capacity of heat input  in
            million BTU per  hour and EL is  the allowable emission
            rate in pounds of sulfur dioxide per million BTU
            actual  heat input.

     (ii)   For fossil  fuel-fired steam Generating unit(s)  equal
            to or greater than 1000 X 10° BTU  per  hour  total  rated
            capacity of heat input, 1.40 pounds  of sulfur dioxide
          ,  per million BTU actual heat input.

    (iii)   The present or any subsequent owner  or operator of
            the Ohio Rubber Company facility  in  Lake County,  Ohio
            shall not cause or permit the emission of sulfur
            dioxide from any stack at the facility in excess  of
            6.00 pounds of sulfur dioxide per million BTU actual
            heet input.

     (iv)   The present or any subsequent owner  or operator of  the
          • P^inesville Municipal Power Plant in Lake County, Ohio
            shall not cause or permit the emission of sulfur
            dioxide from any stack at this facility in excess of
            the rates specified below:

            (A)   For boilers 1 through 4:  5.20 pounds of sulfur
                  dioxide per million BTU actual heat input.
          !
            (B)   Boiler number 5 is subject to  New Source  Per-
                  formance Standards and is limited to  1.20
                  pounds of sulfur dioxide per million BTU  actual
                  heat  input.

      (v)   The present or any subsequent owner or operator of
            the Diamond Shamrock  facility in Lake County, Ohio
            shall not cause or permit  the emission of sulfur
            dioxide from any  stack at  this facility in  excess of
            0.00 pounds of sulfur dioxide per million BTU actual
            heat input  or 0.00 pounds  cf sulfur dioxide  from any
             process.
                               -105-

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  (vi)    The  Cleveland  Electric  Illuminating  Co. or any sub-
       •  sequent owner  or operator  of  the  East  Lake Plant  in
         Lake County, Ohio shall  not cause or permit  the
         emission of sulfur dioxide from any  stack at the
         East Lake Plant in excess  of  1.43 pounds of  sulfur
         dioxide per million BTU actual heat  input.

 (vii)    In lieu of meeting subparagraph (25)(vi), the Cleveland
         Electric Illuminating Company may elect, in  accordance
         with the compliance schedule  provision of §52.1882,
         to comply with the emission limitations which satisfy
         all  of the following equations:
         (A)    0.143(EL1+EL2+EL3)  +  0.192  EL4+0.078

         (B)    0.174(EL!+EL2+EL3)  +  0.108  EL4+0.078  EL5£l.

         (C)    0.113(EL1+EL2+EL3)  +  0.187  EL4+0.025
         where EL-j is  the  emission  limitation  (pounds  per mil-
         lion BTU) per stack i  and  i  is  the  stack  number.   For
         purposes of this  regulation  each  stack  is identified
         as follows:

         Stock No.              Boiler  identification
           1... ................. 1
           2 .................... 2
           3 .................... 3
           4 .................... 4
           5 .................... 5

(viii)    (A)   The Lubrizol  Corporation, or  any  subsequent
               owner or operator of the  Lubrizol  facilities
               located in  Lake  County,  Ohio, shall not cause or
               permit the  emission  of sulfur dioxide  from any
               stack at the  Lubrizol  facility  in excess of  20.00
               pounds of sulfur dioxide  per  ton  of actual process
               weight input.

         (B)   The Lubrizol  Corporation  or any subsequent owner
               or operator of the  Lubirzol facilities  located
               in Lake County,  Ohio,  shall not cause  or permit
               the emission  of  sulfur dioxide  from any stack for
               boilers 1,  2  or  3 at the  Lubrizol facility  in
        i       excess of 0.55 pounds of sulfur dioxide per
               million BTU actual  heat  input.
                            -106-

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     (ix)    The Republic  Steel  Corporation,  or  any  subsequent
          1  owner or operator of the  Republic Steel  facilities
            located in Lake County, Ohio,  shall  not cause or
            permit the emission of sulfur  dioxide from any stack
            at the Republic Steel  facility in excess of 4.21
            pounds of sulfur dioxide  per ton of actual process
            weight input.

(36)  In Lawrence County:

      (i)    No owner or operator,  unless otherwise  specified
            below, of any industrial  process equipment or fossil
            fuel-fired steam generator unit(s)  shall cause or
            permit the combustion of  gasses  containing a total
            sulfur content expressed  as hydrogen sulfide in
            excess of 235 grains of hydrogen sulfide per 100
            dry standard cubic  feet of gas;  or  the  emission of
            sulfur dioxide from any stack  in excess of 1.22
            pounds of sulfur dioxide  per million BTU actual heat
            input.

     (ii)    The Marquette Cement Company or any subsequent owner
            or operator of the  Marquette Cement Company  facilities
            at Lawrence County, Ohio  shall not  cause or  permit
            the emission of sulfur dioxide in excess of  73.0
            pounds of sulfur dioxide  per ton of actual process
            weight input.

    (iii)    The Dayton Malleable Iron Company or any subsequent
            owner or operator of the  Dayton Malleable  Iron Company
            facilities at Lawrence County, Ohio shall  not  cause  or
            permit the emission of sulfur  dioxide in excess of
            the rates specified below:

            (A)   2.00 pounds of sulfur dioxide per ton  of actual
           '       process weight input at  the  holding  furnaces.

            (B)   5.40 pounds of sulfur dioxide per ton  of actual
        i          process weight input at  the  Cupola.

     (iv)   The Allied Chemical Company or any  subsequent owner
            or operator of the Semet Solvay Division at  Lawrence
           'County, Ohio shall  not cause or permit  the combustion
            of gases containing a total sulfur content expressed
            as hydrogen sulfuide in excess of 165 grains of
            hydrogen sulfide per 100 dry standard cubic  feet of
            gas,  or 0.86 pounds of sulfur dioxide per million BTU
            actual heat input,  at tar processing boilers 1,  2,
            and 3.
                               -107-

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      (v)    The Allied  Chemical  Company  or  any  subsequent owner
            or operator of the  Specialty Chemicals  Division  in
            Lawrence County,  Ohio,  shall  not  cause  or permit the
            emission of sulfur  dioxide from any fossil  fuel-fired
            steam generating  unit in  excess of  5.52 pounds of
            sulfur dioxide per  million BTU  actual heat  input.

(37)   In Licking County, no owner or  operator of any oil-fired
      steam generating  unit(s)  shall  cause  or permit emission of
      sulfur dioxide from any stack in excess of 1.50 pounds of
      sulfur dioxide per million BTU  actual heat input.

(38)   In Lorain County, no owner or operator, unless otherwise
      specified in this subparagraph, shall cause or permit  sulfur
      dioxide emissions from  any stack in excess of the rates
      specified below:

      (i)    For fossil  fuel-fired steam  generating  units between
            10.0 and 100 million BTU  per hour total rated capacity
            of heat input, the  maximum allowable emission rate
            from any stack shall be calculated  by the following
            equation:

                  EL = 21.176Qm'°'5477

            where  Qm is the  total  rated capacity of heat input in
            million BTU per hour and  EL  is  the  allowable emission
            rate in pounds of sulfur  dioxide  per million BTU
            actual heat input.

     (ii)    For fossil  fuel-fired steam  generating  units equal to
        ,    or greater than 100 million  BTU per hour total rated
            capacity of heat  input, the  maximum allowable emission
            rate from any stack shall be 1.70 pounds of sulfur
           , dioxide per million BTU actual  heat input.

    (iii)    The Cleveland Electric Illuminating Co. or  any subse-
            quent owner or operator of the  Avon Lake Plant in
           i Lorain County, Ohio, shall  not  cause or permit the
            emission of sulfur  dioxide  from any stack  at Avon
            Lake Plant  in excess of  1.15 oounds of sulfur
            dioxide  per million  BTU actual  heat input.
     (iv)   In lieu of meeting subparagraph (38)(iii), the Cleve-
            land Electric Illuminating Company may elect, in
            accordance with the compliance schedule provisions of
                               -108-

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      §52.1882, to comply with the emission limitations which
      will satisfy all of the following equations:

      (A)   0.0891 (ELi+EL2+EL3+EL4) * 0.1198
               0.1578 EL7+ 0.1041
       (B)   0.0548  (ELJ+EL2+EL3+EL4) + 0.0676 (EL5+EL6) +
               0.1067  ELy+0-1240
       (C)    0.0909  (ELJ+EL2+EL3+EL4) + 0.1356 (EL5+EL6) +
               0.1546  EL7+ 0.0799 EL8<1

       (D)    0.0943  (EL1+EL2+EL3+EL4) + 0.1241 (EL5+EL6) +
               0.1606  EL7+ 0.0844 EL8 < 1

       where  EL ^  is  the emission  limitation  (pounds per million
       BTU) per stack i and i  is  the stack number.  For purpose
       of  this regulation  eack stack is identified as follows:

       Stack  No.        Boiler identification
       1 ................ ,1 &  2
       2 ................. 3 &  4
       3 ................. 5 &  6
       4 ................. 7 &  8
      : 5 .................  9
       6 .................  10
       7 .................  11
      i 8 .................  12

 (v)    The Cleveland Electric Illuminating Co. or any sub-
       sequent owner or operator  of  the Edgewater Plant located
       in  Lorain  County, Ohio shall  not cause  or  permit the
       emission of sulfur  dioxide from  any stack  at the Edge-
       water  facility in excess of 3.40 pounds of sulfur
      'dioxide per million BTU actual heat input.

(vi)    The United States Steel Corporation or  any subsequent
       owner  or operator of  the United  States  Steel facilities
       at  Lorain  County, Ohio shall  not cause  or  permit the
       emission of sulfur  dioxide from  any stack  at those
       facilities in excess  of:
      /
       (A)   For  fossil fuel-fired steam  generating units
             number 001 through 008:  1.20 pounds  of sulfur
             dioxide per million  BTU of actual heat input.
                          -109-

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         (B)    For  fossil  fuel-fired  steam generating units
               number  010  throught 013: 0.50 pound of sulfur
               dioxide per million BTU of actual heat input.

         (C)    For  all  other fossil fuel-fired steam generating
               units,  subparagraph (38)(i) or (38)(ii) shall
               apply,  as applicable.

 (vii)    The  United States Steel  Corporation or any subsequent
         owner or operator of the United States Steel facilities
         at Lorain  County, Ohio  shall not cause or permit the
         combustion of by-product coke oven gas from any stack
      ,   containing a  total  sulfur content expressed as
         hydrogen sulfide  in excess of 75 grains of hydrogen
         sulfide per 100 dry standard cubic feet of coke oven
         gas  or the emission of  sulfur dioxide from any stack in
         excess of  0.40 pound of sulfur dioxide per million
         BTU  of actual  heat  input with the exception that:

         (A)    For  process operations 033 and 039, the United
               States  Steel  Corporation or any subsequent
               owner or operator of the United States Steel
               facilities  in Lorain County, Ohio, shall not
               cause or permit the combustion of by-product
               coke oven gas from any stack containing a
               total  sulfur content  expressed as hydrogen
               sulfide in  excess of 35 grains of hydrogen
               sulfide per  100  dry standard cubic feet of
               coke oven gas or  the emission of sulfur dioxide
               from any stack in excess of 0.17 pounds of sulfur
               dioxide per million BTU of actual heat input.

(viii)    The  General Motors  Corporation or any subsequent owner
         or operator of the  Fisher Body Plant at Lorain County,
         Ohio shall not cause or permit the emission of sulfur
         dioxide from  any  stack  at the Fisher Body Plant in
         excess of  the rates specified below:

         (A)    0.80 pounds of sulfur  dioxide per million BTU
               of actual  heat input for boiler number 001 and
               002.

         (B)    0.90 pounds of sulfur  dioxide per million BTU
               of actual  heat input for boiler number 004.

         (C)    For  all other fossil fuel-fired steam generating
    *           units,  subparagraph  (38)(i) or  (38)(ii)  shall
               apply,  as  applicable.
                            -110-

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(39)   In Lucas County,  no owner or operator  of  the  following
      types of facilities, unless  otherwise  specified  in  this
      subparagraph,  shall cause or permit sulfur dioxide  emis-
      sions from any stack in excess  of the  rates specified
      below:

      (i)   For fossil  fuel-fired  steam generating  units  burning
            coal the emission rate shall  be  1.50 pounds of sulfur
            dioxide  per million BTU actual heat input.

     (ii)   For fossil  fuel-fired  steam generating  units  burning
            oil the  emission rate  shall be 1.00 pounds of
            sulfur dioxide per million BTU actual heat input.

    (iii)  , The Toledo Edison Company or any subsequent owner or
            operator of the Bayshore Station in Lucas  County,  Ohio
            shall not cause or permit sulfur dioxide emissions
            from any stack at the  Bayshore Station  in  excess  of
            the rates specified below:

            (A)   1.20 pounds of sulfur dioxide per. million  BTU
                  actual heat input for fossil  fuel-fired steam -
                  generating units burning coal.

            (B)   0.50 pounds of sulfur dioxide per million  BTU
                  actual heat input for fossil  fuel-fired steam-
                  generating units burning oil.

     (iv)   Standard Oil of Ohio or any subsequent  owner or  operator
            of the Standard Oil of Ohio facility located  in  Lucas
            County,  Ohio shall not cause or permit  sulfur dioxide
           . emissions from any stack at this facility in  excess of
            the rates specified below:

            (A)   0.29 pounds of sulfur dioxide per million  BTU
                  actual heat input for all process heaters  and
                  fossil fuel-fired steam-generating units unless
                  otherwise specified  in  this subparagraph.

            (B)   1.00 pounds of sulfur dioxide per million BTU
                  actual  heat input for process heaters or fossil
                  fuel-fired steam-generating units numbered B024.

            (C)   0.50 pounds of sulfur dioxide per million BTU
                  actual  heat input for process  heater or fossil
                  fuel-fired steam-generating unit number B021.

            (D)   0.57 pounds of sulfur dioxide  per million BTU
                  actual  heat input for process  heaters of fossil
                               -111-

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               fuel-fired  steam-generating units numbered B009,
               B010,  B018,  B020,  B023,  and B025.

         (E)    0.92 pounds  of  sulfur  dioxide per 1,000 pounds
               of charging  stock  for  catalytic cracking units
               and CO boilers  connected to a common stack.

         (F)    0.40 pounds  of  sulfur  dioxide per ton of actual
               process weight  input for any process.

   (v)    [Reserved]

  (vi)    The  Coulton  Chemical  Company or any subsequent owner
         of operator  of  the Coulton Chemical facility in Lucas
         County,  Ohio shall  not cause or permit the emission
         of sulfur dioxide  from any stack at the Coulton
         Chemical  facility  in  excess  of the rates specified
         below:

         (A)    0.80 pounds  of  sulfur  dioxide per million BTU
               actual  heat  input  for  fossil fuel-fired steam-
               generating  units or process heaters.

         (B)    1.10 pounds  of  sulfur  dioxide per ton of 100
               percent sulfuric acid  produced  fcr sulfuric
               acid production units.

 (vii)    The  Toledo Edison  Company or any subsequent owner or
         operator of  the Acme  Power Plant in Lucas County,
         Ohio shall not  cause  or  permit sulfur dioxide emissions
         from any stack  in  excess of  the rates specified below:

       1  (A)    3.00 pounds  of  sulfur  dioxide per million BTU
               actual  heat input  for  fossil fuel-fired steam-
               generating  units burning coal.

         (B)    1.00 pounds  of  sulfur  dioxide per million BTU
               actual  heat input  for  fossil fuel-fired steam-
               generating  units burning oil.

(viii)    Gulf Oil or  any subsequent owner or operator of the
         Gulf Oil facility in  Lucas County, Ohio shall not cause
    i     or  permit sulfur  dioxide emissions from any stack at
         the  Gulf Oil facility in excess of the  rates specified
         below:  -

         (A)    0.81 pounds of  sulfur  dioxide per million BTU
               actual heat input  for  process heaters or  fossil
               fuel-fired  steam-generating  units numbered  B001,
                            -112-

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                                    B002, BOOS, B004, BOOS, B006, B007, and B008.

                               (B)   0.60 pounds of sulfur dioxide per million BID
                                    actual  heat input for process heater or fossil
                                    fuel-fired steam-generating unit B009.

                               (C)   0.50 pounds of sulfur dioxide per million BTU
                                    actual  heat input for process heater or fossil
                                    fuel-fired steam-generating units B013.

                               (D)   0.40 pounds of sulfur dioxide per million BTU
                                    actual  heat input for process heaters or fossil
                                    fuel-fired steam-generating unit B014.

                               (E)   1.85 pounds of sulfur dioxide per 1,000 pounds
                                    of charging stock for catalytic cracking units
                                    and CO  boilers connected  to the same stack.

                               (F)   200 pounds of sulfur dioxide per 1,000 pounds
                                    of sulfur processed for sulfur recovery plants.

                               (G)   Gulf Oil or any  subsequent owner or operator
i                                    of facilities located in  Lucas County, Ohio  shall
I                              '      not cause or permit the combustion of  refinery
                                    fuel gas at process heaters of fossil  fuel gas-
1                                    fired  steam-generating  units numbered  B010,  B011,
                                    B012,  B015, B017, B018, 8019, and B020 contain-
'•                                    ing a  total sulfur content expressed as hydrogen
                                    sulfide in excess of  10 grains of hydrogen sulfide
                                    per 100 dry standard  cubic feet of refinery  fuel
                                    gas or the emission of  sulfur dioxide  from any
|                                    stack  at the above units  in excess of  0.04 pounds
!                                    of sulfur  dioxide per million BTU actual heat
i                                     input.
i
                               (H)   Gulf Oil or any  subsequent owner or operator
                                    of the Gulf Oil  facilities located in  Lucas
'                                     County, Ohio  shall operate only one of the units
'                                     numbered B001,  B002,  BOOS and B004 simultaneously
                                    with  units  numbered B005, B006 or B016.
                           t
                        (ix)   The Toledo  Edison  Company or  any subsequent  owner  or
                               .operator of  the  Water Street  Steam  Plant  in  Lucas
                               County, Ohio shall  not cause  or permit  sulfur  dioxide
                              'emissions from any  stack  at the Water  Street Station
                               in excess of 1.06  pounds  of sulfur  dioxide  per million
                               3TU actual  heat  input.
                                                  -113-

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   (x)    Phillips  Petroleum Company  or any subsequent owner
         or operator of  the Toledo Philblack Plant  in Lucas
       1  County, Ohio shall  not  cause or permit sulfur dioxide
         emissions from  any stack at the Toledo Philblack Plant
         in excess of the  rates  specified below:

         (A)    4.67 pounds of sulfur dioxide per million BTU
               actual  heat input for any process dryer.
       i
         (B)    4.99 pounds of sulfur dioxide per million BTU
               actual  heat input for all fossil fuel-fired
               steam-generating  units, processes and incinerator
               unless otherwise  specified in this subparagraph.

  (xi)    Interlake Steel or any  subsequent owner or operator
         of the Interlake  Steel  facility in Lucas County, Ohio
         shall  not cause or permit sulfur dioxide emissions
         from any  stack  at this  facility in excess  of the rates
         specified below:

         (A)    0.10 pounds of sulfur dioxide per million BTU
               actual  heat input for fossil fuel-fired
               steam-generating  units.

         (B)    4.00 pounds of sulfur dioxide per ton of actual
               process weight input  for any process.

 (xii)    Nabisco or any  subsequent owner or operator of the
         Nabisco facility  in Lucas County, Ohio shall not cause
         or permit sulfur  dioxide emissions from any stack at
         this facility in  excess of  1.20 pounds of  sulfur dioxide
         per million BTU actual  heat input.
        /
(xiii)    The Toledo Hospital or  any  subsequent owner or operator
         of the Toledo Hospital  in Lucas County, Ohio shall not
         cause or  permit sulfur  dioxide emissions from any stack
         at this facility  in excess  of 3.50 pounds  of sulfur
         dioxide per million BTU actual heat  input.

 (xiv)    Sun Oil or any  subsequent owner or operator of the
         Sun Oil facility  in Lucas County, Ohio shall not cause
         or permit sulfur  dioxide emissions from any stack at
         the Sun Oil facility in excess of the rates specified
         below:

         (A)   Unless otherwise  specified  in  this  subparagraph,
               the combustion of refinery  fuel gas  containing  a
               total sulfur content  expressed  as  hydrogen sulfide
               in  excess of 10 grains  of  hydrogen  sulfide per
                            -114-

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                 100 dry standard cubic feet of refinery fuel gas
                 or the emission of sulfur dioxide from any stack
                 at this facility in excess of 0.04 pounds of
                 sulfur dioxide per million BTU actual heat input.

            (B)   0.0 pounds of sulfur dioxide per million BTU
                 actual heat input for fossil fuel-fired steam-
                 generating units or process operation heaters
                 numbered 502, 504, 1901, 1902, 1903, 1904, 1905,
                 and 1906.

            (C)   3.50 pounds of sulfur dioxide per 1,000 pounds
                 of charging stock for catalytic cracking units
                 and CO boilers connected to the same stack.

            (D)   1.60 pounds of sulfur dioxide per million BTU
                 actual heat input for fossil fuel-fired steam-
                 generating units or process heaters numbered
                 301, 304, 507, 508, and 1910 and 113.4 pounds
                 of sulfur dioxide per 1,000 pounds of sulfur
                 processed for sulfur recovery plants.

            (E)   In leiu of compliance with subparagraph (D)
                 of this subparagraph in accordance with section
                 52.1882 (b)(4), Sun Oil or any subsequent owner
                 or operator of the Sun Oil facility in Lucas
                 County, Ohio may elect the following emission
                 limitations: 1.00 pounds of sulfur dioxide  per
                 million BTU actual heat input for fossil fuel-
                 fired steam-generating units or process heaters
                 numbered 301, 304, 507, 508 and 1910 and 200
                 pounds of sulfur dioxide per 1,000 pounds of
                 sulfur processed for sulfur recovery plants.

     (xv)    Seneca  Petroleum or any subsequent owner or operator
            of the  Seneca Petroleum facility  in Lucas County,
          ,  Ohio shall not cause or permit sulfur dioxide emissions
            from any stack at the Seneca Petroleum facility  in
            excess  of  1.20 pounds of sulfur dioxide per million
            BTU actual heat  input.

(40)  In Mahoning County, no owner or operator, unless otherwise
      specified in  this  subparagraph, shall cause or permit  the
    •  emission of sulfur dioxide  in excess of the rates specified
      below:

      (i)    For fossil  fuel-fired  steam  generating units:  0.50
            pounds  of  sulfur dioxide per million  BTU of actual
            heat input.
                               -115-

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     (ii)   For  process operations:  1.00 pounds of sulfur dioxide
           per  ton  of actual process weight input.

    (iii)  ,No owner or operator shall cause or permit the combustion
           of by-product  coke oven gas from any stack containing a
           total  sulfur content expressed as hydrogen sulfide per
           100  dry  standard  cubic feet of coke oven gas or the
           emission of sulfur dioxide from any stack in excess of
           0.68 pounds of sulfur dioxide per million BTU actual
           heat input.

     (iv)   The  Ohio Edison Company or any subsequent owner or
           operator of the North Avenue Steam Plant located in
           Mahoning County shall not cause or permit the emission
           of sulfur dioxide from any stack at the North Avenue
           Steam Plant in excess of 2.00 pounds of sulfur dioxide
           per  million BTU of actual heat input.

      (v)   Lonardo  & Sons Greenhouse or any subsequent owner or
           operator of the Lonardo & Sons Greenhouse facilities lo-
           cated in Mahoning County, Ohio shall not cause or permit
           the  emission of sulfur dioxide from any stack at. Lonardo
           and  Sons Greenhouse in excess of 2.00  pounds of sulfur
           dioxide  per million BTU actual heat input.

     (vi)   Whiteacre-Greer Fireproofing or any subsequent owner or
           operator of the Whiteacre-Greer facilities located at
           Mahoning County,  Ohio shall not cause  or permit the
           emission of sulfur dioxide from any stack at Whiteacre-
           Greer in excess of 20 pounds of sulfur dioxide per ton
           pf actual process weight input.

    (vii)   The  Koppers Company or any subsequent  owner or operator
           of the Koppers Company facilities located in Mahoning
           County,  Ohio shall not cause or permit the emission of
           sulfur dioxide from any stack at Koppers Company in
           excess of 2.00 pounds of sulfur dioxide per million BTU
           actual heat input.

(41)  In Marion County:

      (il)   No owner or operator  of any process equipment shall cause
           or permit the  emissions of sulfur dioxide from any
           stack in excess of 4.20 pounds of sulfur dioxide per
           million BTU actual heat input.
                               -116-

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     (ii)   No owner or operator of any  fossil  fuel-fired steam
           generating unit shall  cause  or  permit  the emission of
           sulfur dioxide from any sta.ck in excess of  6.10 pounds
           of sulfur dioxide per million BTU  actual heat input.

(42)  In Medina County, no owner or operator  of any fossil fuel-fired
      steam generating unit shall  cause or permit the  emission of
      sulfur dioxide from any stack in  excess of  8.00  pounds of
      sulfur dioxide per million BTU actual heat  input.

(43)  In Meigs County, no owner or operator of any process shall
      cause or permit the emission of sulfur  dioxide from any
      stack in excess of 11.0 pounds of sulfur dioxide per ton of
      actual process weight input.

(44)  In Mercer County, no owner or operator  of any fossil fuel-fired
      steam generating unit(s) shall cause or permit the emission
      of sulfur dioxide from any stack  in  excess  of 8.00 pounds of
      sulfur- dioxide per million BTU actual heat  input.

(45)  In Miami County:

      (i)  No owner or operator of any  fossil fuel-fired steam
           generating unit, unless otherwise  specified in this sub-
           paragraph, shall cause or permit the emission of  sulfur
           •dioxide from any stack in excess of 3.20 pounds of sulfur
           dioxide per million BTU actual  heat input.

     (ii)  No owner or operator of any  process shall  cause or permit
           the emission of sulfur dioxide  from any  stack  in  excess
           of 65.0 pounds of sulfur dioxide per ton of actual pro-
           cess weight input.

    (iii)  No present or subsequent owner of  the  Piqua Municipal
           Power Plant located in Miami County,  Ohio  shall  cause
           or permit the emission of sulfur dioxide  from  any stack
           in excess of 4.78 pounds of sulfur dioxide  per million
           BTU of actual heat input.

     (iv)   In lieu of meeting subparagraph (45)   (iii), the  Piqua
           Municipal plant may elect, in accordance  with  the com-
           pliance schedule provisions of § 52.1882,  to comply
           'with the emission limitations which will  satisfy all
           of the following equations:
                               -117-

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           (1)   ,0730(EL1+EL2)+.0628  EL3<1
           (2)   .0700(EL1+EL2)+.0663
Stack No.:
1 	
2 	
3 	
Boiler


identificat


           where EL^  is  the  emission  limitation  (pounds per million
           BTU)  per stack  i  and  i  is  the stack number.  For pur-
           poses of this regulation each stack is identified as
           follows:
                                                           1,2
                                                             3
                                                             4

(46)   In Montgomery County,  no  owner  or  operator of any fossil fuel-
      fired steam generating unit(s),  unless  otherwise specified in
      this subparagraph,  shall  cause  or  permit  sulfur dioxide emis-
      sions in excess  of  the rates  specified  below:

      (i)  1.60 pounds sulfur dioxide per million BTU actual heat
           input for fossil  fuel-fires steam  generating units.

     (ii)  The Dayton  Power  and Light Company or any subsequent
           owner or operator of the Yankee  Substation and the
           Monument Substation  located in Montgomery County, Ohio,
           shall not cause or permit  the emission of sulfur dioxide
           from any diesel oil-fired  electric generating unit stack
           at these stations in excess of 0.65  pounds of sulfur
           dioxide per million  BTU  actual heat  input.

    (iii)  The Dayton  Power  and Light Company or any subsequent owner
           or operator of the Tait  Power Plant  in Montgomery County,
           Ohio shall  not cause or  permit the emission of sulfur
           dioxide from any  stack at  the Tait Plant in excess of
           1.25 pounds of sulfur dioxide per  million BTU actual heat
        ,   input for coal-fired units and 0.65  pounds of sulfur
           dioxide per million  BTU  actual heat  input for diesel
           oil-fired electric generating units.

     (iv)  The Dayton Power  and Light Company or any subsequent
           owner or operator of the Hutchings Power Plant in
           Montgomery County, Ohio  shall not  cause or permit the
           emission of sulfur dioxide from  any  stack at  the Hutchings
           Plant in excess of 1.20  pounds of  sulfur dioxide per
           million BTU actual heat  input for  coal-fired  units and
                               -118-

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         • 0.65 pounds sulfur dioxide per million BTU actual
          heat input for diesel oil-fired electric generating
          units.

      (v)  In .lieu of meeting subparagraph (46) (iv)» for the coal-
          fired units, the Dayton Power and Light Company may elect,
          in accordance with the compliance schedule provision
          'of § 52.1882, to comply with the emission limitations
          which will satisfy the following equation:

          (1)  0.230 ELl+0.297 EL2+0.306 ELs < 1
          where  EL}  is  the emission limitation  (pounds per million
          BTU) per stack  i and  i is the stack number.  For purpose
          of  this regulation each stack is identified as follows:

          Stack  No.:                      Boiler identification
               1 ............................................. 1,2
               2 ............ . ............................... 3,4
               3 .................................... ........ 5,6

     (vi)  The Del co  Corporation or any subsequent owner or operator
          of  the Moraine  facility in Montgomery County, Ohio shall
          not cause  or  permit the emission of sulfur dioxide from
          any fossil  fuel -fired steam generating unit stack at
          the Moraine facility  in excess of  1.30 pounds of sulfur
          dioxide per million BTU actual heat input.
       i
    (vii)  The Defense Electronics Supply facility,  or any sub-
          sequent owner or  operator of this  facility in Montgomery
          County, Ohio  shall not cause or permit the emission of
          sulfur dioxide  from any fossil fuel-fired steam
          generating unit stack at the facility in  excess of .95
          pounds of  sulfur  dioxide per million  BTU  actual heat
          input.

   (viii)  No  owner of operator  of any process equipment shall
          cause  or permit the emission from  any stack any proc-
          ess gas stream  containing sulfur dioxide  in excess of
          2.60 pounds of  sulfur dioxide per  ton of  actual process
          weight input.

(47)  In  Morgan County:

      (•\)  The Ohio Power  Company or any subsequent  owner or operator
          of  the Muskingum  River Power Plant in Washington and
          Morgan Counties,  Ohio shall not  cause or  permit  the emis-
                               -119-

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          'sion  of sulfur dioxide  from  any  stack  at  the Muskingum
           River plant in excess of  6.48  pounds of sulfur dioxide
           per million BTU actual  heat  input.
          *
     (ii)   In lieu of meeting  subparagraph  (47) (i),  the Ohio Power
           Company may elect,  in accordance with  the  compliance
           schedule provisions of  §  52.1882,  to comply with  the
           emission limitations which will  satisfy all the following
           equations:
           t             '
           (A)  0.0773 ELi+0.0622  EL2 <1
           (B)  0.0640 ELi+0.0902  EL.2 £l

           where El_i  is the emission limitation (pounds per  million
           BTU)  per stack i, and i is the stack number.  For purposes
           of this regulation  each stack  is identified as follows:

           Stack No.                        Boiler identification
               1	1,2,3,4
              2	       5

(48)   In Muskingum County:

      (i)   The Ohio Power Company  or any  subsequent  owner or operator
           of the Philo Power  Plant  in  Muskingum  County, Ohio,
           shall  not cause or  permit the  emission of sulfur  dioxide
           f^om  any stack at the Philo  plant  in excess of 1.14
           pounds of sulfur dioxide  per million BTU  actual heat
           input.

     (ii)   In lieu of meeting  subparagraph  (48)  (i),  the Ohio
           Power Company may elect,  in  accordance with the compliance
           schedule provisions of  §  S2.1882,  to comply with  the
          Demission limitations which will  satisfy all of the
           following equations:

           (A)  0.3288 ELi+0.3301  EI-2+0.1583  EL3<1
           (B)  0.3588 ELi+0.3605  EL2+0.1557  El_3  <1

           where EL-j is the emission limitation  (pounds  per  million
           BTU)  per stack i and i  is the  stack number.   For  purposes
           of this regulation  each stack  is identified as follows:
                              -120-

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           Stack  No.:                       Boiler identification
               4	41,42,34,38
               5	'	'	      51,52
               6	          6

    (iii)   No owner or operator  of any process equipment in Muskingum
           County,  Ohio shall  cause  or permit the emission of sulfur
           dioxide  from any  stack in excess of 58.0 pounds of sulfur
           dioxide  per ton of  actual  process weight input.

(49)   In Ottawa County:

      (i)   No owner or operator  of any fossil fuel steam generating
           unit shall  cause  or permit the  emission of  sulfur dioxide
           from any stack  in excess  of 5.90 pounds of  surfur dioxide
           per million BTU actual heat input.

     (ii)   No owner or operator  of any process equipment shall
           cause or permit the emission  of sulfur dioxide from any
           stack in excess of  that permitted  by  the following
           equation:
                    EL=47.404P-°'b^u
           where EL is the allowable emission rate in  pounds of
           sulfur dioxide  per  ton of actual process weight  input
           and P is the design process weight input rate in  tons
           per hour.

(50)   In Paulding County,  no owner or operator of any  process equip-
      ment shall  cause or  permit the emission of sulfur dioxide
      from any stack in excess of 43.0 pounds of sulfur dioxide
      per ton of actual process  weight input.

(51)   In Pickaway County:

      (i)  The Columbus and  Southern Ohio  Power  Company or  any
           subsequent owner  or operator  of the  Picway  Power Plant
           in Pickaway County, Ohio, shall not  cause or permit  the
           emission of sulfur  dioxide from any  stack at the Picway
           plant in excess of  6.04  pounds  sulfur dioxide  per
           million BTU actual  heat  input.
                               -121-

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     (ii)   In  lieu  of meeting  subparagraph  (51)  (i), the Columbus
           and Southern  Ohio Power  Company  may elect, in accordance
           with the compliance schedule provision of § 52.1882, to
           comply with the  emission limitations which will satisfy
           all  of the following equations:

           (A)   0.0764 ELi+0.0759 EL2+0.0133 ELs  1
           (B)   0.0487 ELi+0.0484 EL2+0.0522 EL3  1

           where ELi  is  the emission limitation  (pounds per million
           BTU) per stack i, and i  is  the stack numbar.  For pur-
           pose of  this  regulation  each stack is identified as
           follows:

           Stack No.:                       Boiler identification
               1	  3
               2	  4
               3	4	  5

    (iii)   No  owner of operator of  any oil-fired steam generating
           unit in  Pickaway County, Ohio shall cause or permit the
           emission of sulfur  dioxide  from  any stack in excess of
           0.85 pounds of sulfur dioxide per million BTU actual
           heat input.

(52)   In Pike  County, no owner or operator  of any fossil fuel-fired
      steam generating unit shall cause or  permit the emission of
      sulfur dioxide from any  stack in excess of 7.00 pounds of
      sulfur dioxide per million BTU of actual heat input.
           i
(53)   In Richland County:

      (i)   No  owner or operator of  any process equipment shall cause
           or  permit emissions of sulfur dioxide in excess of 7.10
           pounds of sulfur dioxide per ton of actual process weight
           input.

     (ii)   The Westinghouse Electric Company, or any subsequent
           owner or operator of the Westinghouse Electric  Company
           facility at Richland County, Ohio shall not cause or
        1   permit  the emission of sulfur dioxide from any  stack  in
           excess  of 4.50 pounds of sulfur  dioxide per million BTU
           actual  heat  input.
                              -122-

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    (iii)   The  General  Motors  Corporation, or any subsequent owner
           or operator  of  the  Fisher Body Division Plant at Richland
          'County,  Ohio shall  not  cause or permit the emission of
           sulfur dioxide  from any stack in excess of 3.10 pounds
           of sulfur dioxide per million BTU of actual heat input.

     (iv)   The  City of  Shelby,  or  any subsequent owner or operator
           of the Shelby Municipal  Power Plant at Richland County,
          'Ohio shall not  cause or permit the emission of sulfur
           dioxide from any stack  in excess of 9.3 pounds of sulfur
           dioxide per  million BTU actual heat input.

(54)   In Ross County, The  Mead Corporation or any subsequent owner
      or operator of the Mead  Corporation facilities at Ross County,
      Ohio shall  not cause or  permit emission of sulfur dioxide
      from any  stack in excess of  the following rates:

      (i)   4.90 pounds  of  sulfur dioxide per ton of actual solids
           input.

     (ii)   0.00 pounds  of  sulfur dioxide per million BTU actual heat
           input for stacks  1, 2,  3, and 4.  For purposes of this
           regulation each stack is identified as follows:

           Stack No.                       Boiler identification
               1	1
               2	2
               3	3
               4	Chilpalco No. 5

(55)   In Sandusky County:

      (i)  'No present or subsequent owner or operator of any fossil
           fuel-fired steam  generator  unit(s)  shall cause or permit
           emissions of sulfur dioxide  from any stack in excess
           of 7.00 pounds  of sulfur dioxide per million BTU actual
           heat input.

     (ii)  The J.E. Baker Company  or any  subsequent owner or operator
           of the J.E.  Baker Company facilities  in Sandusky County,
           Ohio shall not cause or permit  the  emission  of sulfur
           dioxide from any  stack  in excess  of 48.75  tons of sulfur
           dioxide per ton of actual  process weight  input.
                               -123-

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    (iii)   The  WoOdville  Lime  Company, or any subsequent owners or
           operator of the Woodville  Lime Company facilities in
           Sandusky County,  Ohio  shall not cause or permit the
           emission of sulfur  dioxide from any stack in excess of
           8.48 pounds of sulfur  dioxide per ton of actual process
           weight input.

     (iv)   The  Martin  Marietta Company or any subsequent owner or
           operator of the Martin Marietta facilities in Sandusky
          'County,  Ohio shall  not cause or permit the emission of
           sulfur dioxide from any  stack in excess of 15.42 pounds
           of sulfur dioxide per  ton  of actual process weight input.

      (v)   The  Ohio Lime  Company  or any subsequent owner or operator
           of the Ohio Lime  Company facilities in Sandusky County,
           Ohio shall  not cause or  permit emissions of sulfur
           dioxide from any  stack in  excess of 17.04 pounds of sul-
           fur  dioxide per ton of actual process weight input.

(56)   In Scioto County:

      (i)   Empire Detroit Steel or  any subsequent owner or operator
           of the Empire  Detroit  Steel coke oven facility at Scioto
           County,  Ohio shall  not cause or permit the combustion
           of by-product  coke  oven  gas from any stack containing a
           total sulfur content expressed as hydrogen sulfide in
           excess of 800  grains of  hydrogen sulfide per 100 dry
           standard cubic feet of coke oven gas or the emission of
           sulfur dioxide from any  stack in excess of 4.10 pounds
           of sulfur dioxide per  million BTU actual heat input.

     (ii)   No owner or operator of  any oil-fired steam generating
           unit shall  cause  or permit the emission of sulfur dioxide
           from any stack in excess of 0.60 pounds of sulfur dioxide
           per  million BTU actual heat input.

    (iii.)   No owner or operator of  any coal-fired steam generating
           unit shall  cause  or permit the emission of sulfur
           dioxide from any  stack in  excess of 6.90 pounds of sulfur
           dioxide per million BTU  actual heat input.
                                -124-

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(57)   In Seneca County:

      (i)  No present or any subsequent  owner or operator of any
           fossil  fuel-fired steam generating unit(s) at Seneca
           County, Ohio  shall  cause or permit the  emissions of sul-
       1    fur dioxide from any stack  in excess of the  limits
           specified below:

          •(£)  1.20 pounds of sulfur  dioxide per  million BTU
                actual heat input for  oil  fired units.
          *
           (B)  8.20 pounds of sulfur  dioxide per  million BTU
                actual heat input for  coal  fired units.

     (ii)  No present or any subsequent  owner or operator of process
           equipment, unless otherwise specified in this sub-
           paragraph, shall cause or permit the emissions of sulfur
           dioxide from any stack in excess of 34.0 pounds of sulfur
           dioxide per ton of actual process weight input.

    (iii)  The Union Carbide Corporation, or any subsequent owner
           or operator of the Union Carbide Corporation facilities
           at Seneca County, Ohio shall  not cause  or permit emis-
           sions of sulfur dioxide from  any stack  in excess of  the
           limits specified below:

           (A)  552 pounds of sulfur dioxide per  ton of actual
                process weight input at  the calcining furnace.

           (B)  176 pounds of sulfur dioxide per  ton of actual
                process weight input at  the activating  furnace.

(58)  la Stark County, no owner or operator of  the following  types
      of facilities, unless otherwise  specified  in this subparagraph,
      shall cause or permit emission of  sulfur  dioxide  from  any
      stack in excess of the rates specified below:

      (i)  For fossil fuel-fired steam generating  units between
           10.0 and 60.0 million BTU per hour  total rated  capacity
        1   of heat input, the emission rate in  pounds of sulfur
           dioxide per million BTU actual heat  input shall  be
           calculated by the following equation:

                 EL = 18.48Qm"°'4886
                                -125-

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       where Qm is  the total  rated  capacity  of  heat  input  in
       million BID  per hour and  EL  is  the  allowable  emission
       rate in pounds  of sulfur  dioxide  per  million  BTU actual
       heat input.

 (ii)   For fossil fuel-fired steam  generating units  equal  to or
       greater than 60 million BTU  per hour  total  rated capacity
       of heat input:   2.50 pounds  of  sulfur dioxide per
       million BTU  actual  heat input.

(iii)   Republic Steel  Corporation or any subsequent  owner  or
       operator of  the Massillon facilities  in  Stark County,
       Ohio shall not  cause or permit  the  emission of sulfur
       dioxide from any fossil fuel-fired  steam generating unit
       stack at the Massillon facility in  excess of  4.40 pounds
       of sulfur dioxide per million BTU actual  heat input.

 (iv)   The present  or  any subsequent owner or operator of  the
       Massillon State Hospital  facilities in Stark  County,
       Ohio shall not  cause or permit  the  emission of sulfur
       dioxide from any stack at this  facility  in  excess of
       5.20 pounds  of  sulfur dioxide per million BTU actual
       heat input.

  (v)   The present  or  anysubsequent owner  or operator of the
       Grief Board  Company facilities  in Stark  Coutny, Ohio
       shall not cause or permit the emission of sulfur dioxide
       from any stack  at this facility in  excess of  0.50
       pounds of sulfur dioxide  per million  BTU actual heat
       input.

 (vi)   The present  or  any subsequent owner or operator of  the
       Timken Steel Company facilities in  Stark County, Ohio
       shall not cause or permit the emission of sulfur
       dioxide from any fossil fuel-fired  steam generating unit(s)
       stack at this facility in excess  of the  rates specified
       below:

       (A)  3.08 pounds of sulfur dioxide  per million BTU  actual
            heat input for the stack common  to  the fossil
            fuel-fired steam-generating  units BOO! and B002
            at the  Gambrinus plant.

       (B)  0.93 pounds of sulfur dioxide  per million BTU  actual
            heat input for the  fossil  fuel-fired steam-generating
            unit B003  at the Gambrinus Plant.
                           -126-

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        (C)   0.0  pounds of sulfur dioxide per million BTU
             actual  heat  input for the fossil fuel-fired steam-
             generating units B003 and B004 at the Canton Number
             5  Plant.

        (D)   0.67 pounds  of  sulfur dioxide per million BTU actual
             heat input for  fossil fuel-fired steam-generating
             at the  Canton Number 5 Plant unless otherwise
             specified in this subparagraph.

 (vii)   No owner  or  operator of  any by-product coke oven operating
        in Stark  County,  Ohio shall cause or permit the combustion
        of by-product coke oven  gas containing a total sulfur
        content expressed as hydrogen sulfide in excess of 350
        grains  of hydrogen sulfide per 100 dry standard cubic
        feet of coke oven gas or the emission of sulfur dioxide
        from any  stack in excess of 1.70 pounds of sulfur dioxide
        per million  BTU actual heat input.

(viii)   No owner  or  operator of  any process equipment in Stark
        County, Ohio shall cause or permit the emission of sulfur
        dioxide from any  stack in excess of 80.0 pounds of sulfur
        dioxide per  ton of actual process weight input.

  (ix)   The Ashland  Oil Company, or any subsequent owner or
        operator  of  the Ashland  Oil Company facilities in Stark
        County, Ohio shall not cause or permit sulfur dioxide
        emissions from any stack at this facility  in excess  of
        the emission limitations listed below for  the different
        sources.

        (A)  1.20 pounds  of  sulfur  dioxide per million BTU actual
             heat input  to the stacks  identified by Ashland  Oil
             Company as 4-16-B-ll and  4-9-B-6.

        (B)  0.47 pounds  of  sulfur  dioxide per million BTU actual
             heat input  for  all  process heaters and fossil fuel-
        i     fired steam-generating  units  unless otherwise speci-
             fied in this subparagraph,

        (C)  0.84 pounds  of  sulfur  dioxide per  1,000  pounds  of
             charging  stock  for  catalytic  cracking units.

        (D)  50 pounds  of sulfur dioxide  per 1,000 pounds  of sul-
             fur processed  for sulfur  recovery  plants.
                            -127-

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(59)   In Surmrit County,  no owner or operator of the  following
      types of facilities, unless otherwise  specified  in  this
      subparagraph,  shall  cause or permit emissions  of sulfur
      dioxide from any stack in excess  of the rates  specified
      below:.

      (i)  For fossil  fuel-fired steam  generating  units between
           10.0 and  300 million BTU per hour total rated  capacity
           of heat input,  the emission  rate  in pounds  of  sulfur
           dioxide per million BTU actual  heat input shall  be
           calculated by the following!  equation:
                     EL = 17.55Q "°-3993
           where Qm  is the total "rated  capacity of heat input  im
           million BTU per hour and EL  is  the allowable emission
           rate in pounds  of sulfur dioxide  per million BTU actual
           heat input.

     (ii)  For fossil  fuel-fired steam  generating  unit(s)  equal to
           or greater than 300 million  BTU per hour  total  rated
           capacity  of heat input, 1.80 pounds of  sulfur  dioxide
           per million BTU actual heat  input.

    (iii)  The present or subsequent owner or operator of the
           Diamond Crystal facility in  Summit County,  Ohio shall
           not cause or permit the emission  of sulfur  dioxide  from
           any stack at this facility in excess of 6.10 pounds of
           sulfur dioxide per million BTU actual  heat  input.

     (iv)  The present or subsequent owner or operator of the
           Akwell Industries facilities in Summit  County,  Ohio
           shall not cause or permit the emission  of sulfur
           dioxide from any stack at this facility in  excess of 3.60
           pounds of sulfur dioxide per million BTU  actual  heat
           input.
           i
      (v)  The present or subsequent owner or operator of the  Ohio
           Brass Company facilities in  Summit County,  Ohio shall
           not cause or permit the emission  of sulfur  dioxide  from
           'any stack at this facility in excess of 4.20 pounds of
           sulfur dioxide per million BTU actual input.
                               -128-

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  (vi)  ,The  present or subsequent owner of operator of the
        Sieberling Rubber Company facilities in Summit County,
        Ohio shall not cause or permit the emission of sulfur
        dioxide  from  any stack at this facility in excess of
        1.33 pounds of sulfur dioxide per million BTU actual
        heat input.

 (vii)   The  present or subsequent owner or operator of the
        Firestone Tire and  Rubber Company facilities in Summit
        County,  Ohio  shall  not cause or permit the emission of
        sulfur dioxide from any stack at this facility in excess
        of 1.78  pounds of sulfur dioxide per million BTU actual
        heat input.

(viii)   The  present or subsequent owner or oeprator of the B.F.
        Goodrich Tire and Rubber Company facilities in Summit
        County,  Ohio  shall  not cause or permit the emission of
        sulfur dioxide from any stack at this facility in excess
        of2.71  pounds of sulfur dioxide per million BTU actual
        heat input.

  (ix)   The  Goodyear  Tire and Rubber Company or any subsequent
        owner or operator of  the Goodyear facilities in Summit
        County,  Ohio  shall  not cause or permit the emission of
        sulfur dioxide from any stack in excess of the rates
        specified  below:

        (A)   3.96  pounds of sulfur  dioxide per million BTU  actual
             heat  input  for fossil  fuel-fired steam-generating
             unit  BOO!  located at Plant  I.
       r
        (B)   1.80  pounds of sulfur  dioxide per million BTU  actual
             heat  input  for fossil  fuel-fired steam-generating
             units  B002  and 6003  located at  Plant I.

        (C)   1.84  pounds of sulfur  dioxide per million BTU  actual
             heat  input  for all  fossil  fuel-fired steam-generating
             units  located  at Plant II.

        (D)  100 pounds  of  sulfur dioxide  per  1,000  pounds  of
             sulfur processed for the  sulfur recovery  unit(s).

   (x)  The present or any  subsequent,  owner  or  operator  of  the
        Tecumseh Company facilities in  Summit  County,  Ohio  shall
        not cause or permit sulfur dioxide emissions  from fossil
        fuel-fired steam generating unit(s)  in  excess  of the  rates
        specified below:
                            -129-

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           (A)  1.70 pounds sulfur dioxide per million BTU actual
               heat input for coal-fired units, and

           (B)  0.70 pounds sulfur dioxide per million BTU actual
               heat input for oil-fired unit(s).

     (xi)   The Ohio Edison Company or any subsequent owner or opera-
           tor of the Ohio Edison Company's Beech Street Power
           Station in Summit County, Ohio shall not cause or permit
           the emission of sulfur dioxide from any stack at the Beech
           Street Plant in excess of 2.71 pounds of sulfur dioxide
           per million BTU actual heat input.

    (xii)   The Ohio Edison Company or any subsequent owner or opera-
           tor of the Ohio Edison Company's Gorge Plant in Summit
           County, Ohio shall not cause or permit the emission of
           sulfur dioxide from any stack at the Gorge Plant in excess
           of 2.56 pounds of sulfur dioxide per million BTU actual
           heat input.

   (xiii)   No owner or operator of any process equipment, unless
           otherwise specified in this subparagraph, shall cause or
           permit the emission of sulfur dioxide from any stack
           containing sulfur dioxide in excess of 17.0 pounds of
           sulfur dioxide per ton of actual process weight input.

    (xiv)   PPG Industries or any subsequent owner or operator of
           the PPG Industries facilities located in Summit County,
           Ohio shall not cause or permit the emission of sulfur
           dioxide from any stack in excess of the rates specified
           below:

           (A)  1.78 pounds of sulfur dioxide per million BTU actual
               heat input for fossil fuel-fired steam-generating
               unit(s).

           (B)  0.0 pounds of sulfur dioxide per ton actual process
               weight input for the kilns.

(60)  In Trumbull County:

      (i)   No  owner or operator, unless  otherwise specified in  the
           subparagraph,  shall cause or  permit  the emission of  sulfur
           dioxide  from  any  stack  in excess  of  3.00 pounds of sulfur
           dioxide  per million BTU  actual heat  input  for  coal-fired
           steam  generating  units.
                               -130-

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 (ii)  'No owner or operator,  unless  otherwise specified in this
       subparagraph,  shall  cause  or  permit  the emission of
       sulfur dioxide from  any  stack in excess of 1.00 pounds
       of sulfur dioxide  per  million BID  actual heat input
       for oil-fired  steam  generating units.

(iii)   The Republic Steel Company or any  subsequent owner or
       operator of the Republic Steel  facilities in Trumbull
       County, Ohio shall not cause  or permit the emission
       of sulfur dioxide  from fossil fuel-fired steam-generating
       unit number BOO!  in  excess of 1.60 pounds of sulfur
       dioxide per million  BTU  actual  heat  input and from process
       operation P001 in  excess of 1.00 pounds of sulfur dioxide
       per million BTU of actual  heat input.

 (iv)   Republic Steel Corporation or any  subsequent owner or
       operator of the Republic Steel  facilities in Trumbull
       County, Ohio shall not cause  or permit the combustion
       of by-product  coke oven  gas containing a total  sulfur
       content expressed as hydrogen sulfide  in excess of 300
       grains of hydrogen sulfide per 100 dry standard cubic
       feet of coke oven  gas  or 1.52 Ibs. SOg/MMBTU actual heat
       input.

  (v)   No owner or operator of  any proces,  unless otherwise
       specified in this  subparagraph, shall  cause  or  permit
       the emission of sulfur dioxide from  any  stack in excess
       of 2.00 pounds of sulfur dioxide  per million BTU of actual
       heat input to  the process  operation.

 (vj)   The Ohio Edison Company  or any subsequent owner or
       operator of the Niles  Power Plant located in Trumbull
       County, Ohio shall not cause  or permit the emission of
       sulfur dioxide from  any  stack in  excess  of 5.41 pounds
       'of sulfur dioxide per million BTU of actual  heat  input.

(vii)   In lieu of meeting subparagraph (60) (vi), the  Ohio
    i   Edison Company may elect,  in  accordance  with the  com-
       pliance schedule provisions of §  52.1882,  to comply with
       the emission  limitations which will  satisfy  the following
       equation:
                (A) 0.0923 (EL1+EL2) <1
i
                           -131-

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           where  EL-j  is  the  emission  limitation  (pounds per million
           BTU) per  stack  i  and  i  is  the stack number.  For purposes
           of this regulation  each stack is  identified as follows:

           Stack  No.:                        Boiler identification
               1	    1
               2	    2

   (viii)   The United States Steel Corporation or any subsequent
           owner  or  operator of  the McDonald Mills in Trumbull
           County, Ohio  shall  not  cause or permit the emission of
           sulfur dioxide  from any stack at  the  McDonald Mills in
          'excess of 0.50  pounds of sulfur dioxide per million
           BTU actual  heat input.

(61)   In Tuscarawas  County:

      (i)   The present or  subsequent  owner or operator of the
           Dover  Municipal Power Plant in Tuscarawas County, Ohio
           shall  not cause or  permit  the emission of sulfur dioxide
           from any  stack  at this  facility in excess of 4.60 pounds
           of sulfur dioxide per million BTU actual heat input.

     (ii)   No owner  or operator  of any process shall cause or permit
           the emission  of sulfur  dioxide from any stack in excess
           of 37.0 pounds  of sulfur dioxide  per  ton of actual pro-
           cess weight input.

(62)   In Vinton County,  no owner or operator of  any fossil fuel-fired
      steam generating unit shall  cause or permit the emission of
      sulfur dioxide from  any  stack in excess of 4.80 pounds of sul-
      fur dioxide per million  BTU  actual heat input.
        !
(63)   In Washington  County:

      (i,)   The Ohio  Power  Company  or  any subsequent owner or operator
           of the Muskingum River  Power Plant in Morgan and Washington
           Counties, Ohio  shall  not cause or permit the emission of
           sulfur dioxide  from any stack at  the  Muskingum River
           Plant in  excess of  6.48 pounds of sulfur dioxide per
           million BTU of  actual heat input.
                               -132-

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                        (ii)   In lieu of meeting  subparagraph  (63)  (i),  the Ohio
                          •    Power Company may elect,  in  accordance with  the com-
                              pliance schedule provisions  of §  52.1882,  to comply with
                              the emission limitatins which  will  satisfy all the
                              following equations:

                              (A)  0.0773 ELi+0.0622 EL2 *1
                              (B)  0.0640 ELi+0.0902 E12 <1

                              where El_i is the emission limitation  (pounds per  million
                              BTU) per stack i, and i  is  the stack  number. For pur-
                             poses of this regulation  each  stack is  identified as
                              follows:

                              Stack No.:                       Boiler  identification
                                  1	     1,2,3,4
                                  2	           5

I                       (iii)   The Shell Oil Company or any subsequent  owner or  operator
i                              cf the Shell Oil facilities at Washington  County, Ohio
                              .shall not cau.se or  permit the  emission  of  sulfur  dioxide
                              'from any stack at  this facility  in excess  of 2.50 pounds
                              of sulfur dioxide  per million  BTU actual heat  input.

                   (64)  In Wayne County, no present or subsequent  owner or  operator
                         of fossil fuel-fired steam generating units  at  the  facilities
                         listed below shall cause or permit emissions  of sulfur dioxide
                         in excess of 7.00 pounds of sulfur dioxide per  million BTU
                         actual heat input:

                         (A)   Morton Salt Company
                         (B)   Packaging Corporation of America
                         (C)   Orrville Municipal  Power Plant

                   (65)  In Wood County  no owner or operator of any fossil  fuel-fired
                         steam generating unit or process operation heater shall  cause
                         or perrrit the emission of sulfur dioxide from any stack in
                         excess of 1.10 pounds of sulfur dioxide per million BTU actual
                         heat input.

                         (39  FR  13542, Apr. 15, 1974, as amended at 41 FR 36328,
                          Aug. 27, 1976; 41 FR 52455, Nov.  30, 1976; 41  FR 27589,
                          May 31,  1977)
                                                  -133-

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(6.0)    §  52.1882   Compliance schedules.


        (b)   Federal  compliance schedule for petitioners in Buckeye Power, Inc.
             et  al  v.  USEPA, No.  76-2090 et al.


             (1)  Except as provided in paragraph  (b) (5) of this section, the
                 owner or operator of any process equipment subject to applicable
                 subparagraphs of § 52.1881 (b) shall comply with the compliance
                 schedule in paragraph (a) (2) of this section.


             (2)  Any owner or operator of any process equipment subject to appli- .
                 cable paragraphs of § 52.1881 (b) of the Chapter shall take the
                 following actions to comply with the requirements of said reg-
                 ulation with respect to that source no later than the date
                 specified.


                 (i)  8 weeks from June 17, 1977:  Submit preliminary control
                      plans to the Administrator.

                 (ii)  25 weeks from June 17, 1977:  Submit final control plan
                      to the Administrator.

                (iii)  34 weeks from June 17, 1977:  Award contracts for emissions
                      control systems or process modification, or issue orders
                      for purchase of component parts to accomplish emission
                      control or process modification and notify the Administrator
                      in writing that such action was taken.

                 (iv)  52 weeks from June 17, 1977:  Initiate on-site construction
                      or installation of emission control equipment or process
                      change and notify the Administrator in writing that such
                      action was taken.

                 (v)  139 weeks  from June 17, 1977:  Complete construction or
                      installation of emission control equipment or process
                      change and notify the Administrator in writing that such
                      action was taken.
                                             -134-

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    (vi)   154  weeks  from June  17,  1977:  Complete shakedown opera-
          tions  and  performance  test of source, submit performance
          test results  to the  Administrator and achieve final com-
          pliance with  552.1881(b)  of  this chapter, as applicable.

(3)  ' Except as provided in subparagraph (5) of this paragraph, the
     owner or  operator  of any  stack venting any fossil fuel-fired
     steam generating unit(s)  subject  to 552.1881(b) of this chapter
     shall 'comply with  the applicable  compliance  schedule  in para-
     graph (a)(4) of this section.

(4)   (i)   The  owner  or  operator of any stack  venting any fossil
          fuel-fired steam generating  unit(s) or  process subject
          to S52.1881(b) of this chapter who  elects to comply with
          an applicable optional emission  limitation specified in
          s'52.1881(b) of this  chapter, shall  notify the Administra-
          tor  no later  than 17 weeks  after June 17, 1977 of  the
          specific emission limitations selected.  Failure to select
          applicable optional  emission limitations shall result in
          the  facility  being subject  to the single uniform emission
          limitation for all stacks at that facility specified in
          552.1881(b).   Notice received later than 17 weeks  after
          June 17, 1977 shall  be invalid.

    (ii)   The  owner or operator of any fossil fuel-fired steam
          generating unit(s) subject to applicable subparagraphs  of
          S52.1881(b) of this  chapter shall notify the Administrator
          no later than 17 weeks after June 17,  1977 of his  intent
          to utilize either low-sulfur fuel including blended or
          washed coal or flue gas desulfurization to  comply  with  the
          requirements  of said regulation.

    (iii)'  Any  owner or operator of any stack  venting  any  fossil
          fuel-fired steam generating unit(s) subject  to  applicable
          subparagraphs of 552.1881(b) of this  chapter who elects  to
        •  utilize low sulfur fuel including blended  or washed  coal  to
          comply with the requirements of said  regulation  shall  take
          the following actions with respect  to that  source no  later
        ,  than the date specified:

           (A)   17 weeks after June 17, 1977:   Submit to  the Adminis-
               trator a projection for ten years  of the  amount  of
            1   fuel  by  types that will be substantially  adequate to
               enable compliance with 552.1881(b) of this  chapter,
               as applicable.
                                -135-

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      (B)   32 weeks  from June  17,  1977:  Submit data demonstra- .
           ting  the  availability of the fuel meeting the require-
           ments  projected  in  subparagraph  (a) to the
           Administrator.

      (C)   36 weeks  after June 17, 1977:  Submit a statement to
           the Administrator as to whether  boiler modifications
           will  or will not be required.  If modifications will
         •  be required, submit plans for such modifications.
      i
      (D)   50 weeks  from June  17,  1977:  Let contracts for neces-
           sary  boiler modifications,  if applicable, and notify
           the Administrator in writing that such action was
           taken.

      (E)   60 weeks  after June 17, 1977:  Initiate on-side modi-
           fications, if applicable, and notify the Administrator
           in writing that  such action was  taken.

      (F)   118 weeks'from June 17, 1977:  Complete on-site modi-
           fication, if applicable, and notify the Administrator
           in writing that  such action was  taken.

      (G)   122 weeks from June 17, 1977:  Achieve final compli-
           ance  with the emission  limitation of S52.1881(b) of
           this  chapter, as applicable, and notify the Adminis-
           trator in writing that  such action was taken.

(iv)   Any  owner  or operator of any stack venting any fossil fuel-
      fired steam generating unit(s) subject to applicable sub-
      paragraphs of  S52.1881(b) of this chapter who elects to
      utilize flue gas desulfurization to comply with the  require-
      ments of said  regulations shall  take  the following actions
      with respect to the source no later than the date specified.

      (A)   17 weeks  from June  17,  1977:  Let necessary contracts
           for construction and notify the  Administrator in writ-
           ing that  such action was taken.

      (B)   61 weeks  from June  17,  1977:   Initiate on-site  construc-
           tion  and  notify  the Administrator in writing that such
           action was taken.

      ('C)   145 weeks from  June 17, 1977:  Complete on-site con-
           struction and notify the Administrator  in writing that
           such  action was  taken.

      (D)   156 weeks from  June 17, 1977:  Complete shakedown
           operations  and  performance  test  on  source,  submit per-
           formance  test  results  to  the  Administrator  and  achieve
                            -136-

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               final  compliance with  §52.1881(b) of this chapter,
               as  applicable.

(5)   (1)   None of  the preceding subparagraphs  of this  paragraph shall
          apply to any owner or operator  of  a  source which is pre-
          sently in compliance with  the applicable subparagraphs of
          552.1881(b) of this  chapter.

    (ii)   Any owner or operator of a source  capable of emitting 100
          tons of  sulfur dioxide  per year from all stacks at any
          facility who is presently  in  compliance with the applicable
          subparagraphs of 552.1881(b)  of this chapter shall so cer-
          tify to  the Administrator by  four  weeks from June 17, 1977.

   (iii)   Any owner or operator subject to a compliance schedule in
          this paragraph who elects  to  achieve compliance by means
          not covered by this  paragraph may  submit  to  the Adminis-
          trator no later than six weeks  from June  17, 1977, a pro-
          posed alternative compliance  schedule.  For  process equip-
          ment subject to applicable subparagraphs  of  552.1881(b) of
          this chapter no such compliance schedule  may provide for
          final compliance after  the final compliance  date in sub-
          paragraph (2) of this  paragraph.  For any  stack  venting
          any fossil fuel-fired  steam-generating unit(s) subject  to
          applicable subparagraphs of S52.1881(b) of this  chapter,
          which will utilize, low-sulfur fuel including blended or
          washed coal to comply  with the  requirements  of said  regu-
          lations, no such compliance schedule may  provide  for  final
          compliance after final  compliance  date in subparagraph
          (4)(iii) of this paragraph.  For any stack venting  any
          fossil fuel-fired steam-generating unit(s)  subject  to  appli-
          cable subparagraphs of §52.1881(b) of this  chapter, which
          will utilize flue gas  desulfurization to  comply  with  the
          requirements of said regulations,  no such compliance  sched-
          ule may provide for final compliance after the final  compli-
          ance date in subparagraph (4)(iv)  of this paragraph.

    (iv)  Any owner or operator of any process equipment subject to
          applicable subparagraphs of §52.1881(b) of  this  chapter,
          who submits an alternative compliance schedule pursuant to
          552.1882(b)  (5)(iii) of this chapter shall   remain subject
          to  the  provisions of S52..1882(b)(2) of this chapter until
          the alternative schedule is approved by the Administrator.

      (v)  Any owner  or operator of any stack  venting  any fossil  fuel-
          fired steam generating unit(s)  subject to applicable sub-
         ' paragraphs of  552.1881(b) of this chapter who submits an
          alternative compliance schedule pursuant to s52.1882(b)(5)
          (iii) of  this  chapter shall remain  subject  to the provisions
                                -137-

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          of 552.1882(b)(4)  of this  chapter until  the  alternative
          schedule is  approved by the  Administrator.

(6)   Nothing in this  paragraph shall preclude  the  Administrator from
     promulgating a separate schedule  for any  source to which  the
     application of the compliance schedules in  paragraphs  (d)(2)
     or (4)  of this section  fails to satify the  requirements of
     S52.25  (b) and (c) of this chapter.
                                -138-

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(17.0)  152.1884  Prevention of Significant Deterioration

           (b)  Definitions.  For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                ,(3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated  representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States  and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means  fabrication, erection or installation  of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken  a
                     continuous program of construction or modification or that  an
                     owner  or operator has  entered  into a contractual obligation to
                     undertake  and complete, within a  reasonable time, a continuous
                     program of construction or modification.

            (c)  Area designation and deterioration  increment

                 (1)  The  provisions of this paragraph  have been incorporated by  ref-
                     erence into the applicable  implementation plans for various
                     States, as provided  in Subparts B through ODD of this part.  Where
                     this  paragraph  is so  incorporated, the provisions shall also be
                     applicable to all lands owned  by  the Federal Government and In-
                     dian  Reservations located  in such State.  The provisions of this
                     paragraph do not apply in  those counties  or other functionally
                     equivalent areas that pervasively exceeded any  national ambient
                     air quality-standards during 1974 for sulfur dioxide or particu-
                      late  matter and then  only  with respect to such  pollutants.
                      States may notify  the Administrator  at any time of  those areas
                     which exceeded  the  national  standards during 1974 and  therefore
                      are exempt from the requirements  of  this  paragraph.
                                               -139-

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(2)   (i)      For purposes of this  paragraph,  areas  designated  as  Class
             I or II shall be limited to the  following increases  in
             pollutant concentration occurring since January 1,  1975:

             	Area Designations	___

                  Pollutant                      Class I       Class  II
                                                 (ug/m3)       (ug/iti3)
             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 toncentrations~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.
        t
     (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
                               -140-

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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
            withtthe  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
        rot assumed such authority under other laws nor is it
        intended to deny jurisdiction which States have assumed
                         -141-

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

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

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

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

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall be approv-
             ed  unless the Administrator  determines (1)  that the
             requirements  of subdivisions (ii)  and (iii)  of this
             subparagraph  have  not been complied with, (2)   that
             the State has arbitrarily and  capriciously disre-
             garded relevant considerations set forth in sub-
             paragraph (3) (ii) (d) of this paragraph, or (3)
             that the State has not requested.and received  dele-
             gation of responsibility  for carrying out the  new
             source review requirements of paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation  proposed pursuant to subdivision
             (iv) of this  subparagraph shall be approved unless
             he determines (1)   that the requirements of subdivi-
             sion (iv) of this  subparagraph have not  been complied
     1        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 pV-ovisions 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 tc  any new or modified  stationary  source  of  the  type  iden-
          tified below which  has  not commenced  construction  or  modification .
          prior to  June  1,  1975  except  as  specifically  provided  below.  A
                                   -143-

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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.
     i   *
    (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.
    (odx)   Ferroalloy production  facilities  commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence  construction  or  modification
    of a'source subject to this  paragraph unless  the  Administrator  de-
    termines  that, on  the basis  of information  submitted pursuant to
    subparagraph  (3) of this  paragraph:
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    (i) •    The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of.other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            .emissions growth and reduction after January 1, 1975, of
            other sources in the areas affected by the proposed source
            shall include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of 1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2)  (111) of
            this section which has occurred since January 1, 1975.
      i
    (ii)    The new or modified source will meet an emission limit,
            to be specified by the Administrator as a condition to
            approval, which represents that level of emission reduc-
            tion which would be achieved by the application of best
            available control technology, as defined in 52.01 (f),
            for particulate matter and sulfur dioxide.  If  the Admin-
            istrator determines that technological or economic limi-
            tations on the application of measurement methodology to
            a particular class of sources would make the  imposition
            of an emission standard infeasible, he may instead pre-
            scribe a design or equipment standard requiring the appli-
            cation of best available control technology.  Such standard
            shall to the degree possible set forth the emission re-
            ductions achievable by implementation of such design  or
            equipment, and shall provide for compliance by  means which
            achieve equivalent results.

     (iii)   With  respect to modified sources, the  requirements of  sub-
            paragraph  (2)  (ii) of this paragraph shall be applicable
            only  to the  facility or facilities  from which emissions
            are  increased.

(3)  In making  the determinations required  by paragraph  (d)  (2) of this
     section,  the  Administrator shall,  as a  minimum,  require the  owner
     or operator  of  the  source subject  to this paragraph  to  submit:
     site information,  plans,  description,  specifications,  and drawings
     showing the  design  of  the source;   information  necessary to  de-
     termine the  impact  that the  construction or modification will  have
     on sulfur dioxide  and  particulate  matter air quality levels;   and
     any other information  necessary  to determine that  best  available
     control technology  will  be  applied.  Upon  request  of the Adminis-
     trator, the  owner  or operator  of the source shall  provide  informa-
     tion on the  nature  and extent  of general commercial,  residential,
     indus.tna'1,  and other growth which has occurred in the  area af-
     fected by the source's emissions  (such area to be  specified  by the
                              -145-

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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
          1       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-
              ,    is^rator.

          (ii)    Within  30  days after receipt of a  complete  application,
                  the Administrator shall:
                                  -146-

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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 Administrator4 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.Ideations 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.
                         -147-

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          (vi)     The  Administrator may  extend  each  of the  time  periods
                  specified  in  paragraph (e)  (1)  (ii),  (iv), or  (vj of this
                  section  by no more  than 30  days  or such other  period as
                  agreed to  by  the applicant  and  the Administrator,

     (2)   Any owner or operator who constructs, modifies, or operates a
          stationary source  not in accordance with the application, as ap-
          proved and conditioned by the  Administrator,  or any  owner or op-
          erator of a  stationary source  subject to this paragraph  who com-
          mences construction or modification after  June 1» 1975*  without
          applying for and receiving  approval hereunder, shall be  subject
          to enforcement action under section 113 of the Act.

     (3)   Approval to  construct or modify shall become invalid if  construc-
          tion- or expansion  is  not commenced  within  18 months  after receipt
          of such approval or if construction is  discontinued  for  a period
          of 18' months or  more.  The  Administrator may extend  such time  pe-
          riod  upon a  satisfactory showing that an extension is  justified.

     (4)   Approval to  construct or modify shall not  relieve any  owner or
          operator of  the  responsibility to comply with the control strat-
          egy and all  local, State, and  Federal regulations which  are part
          of the applicable  State Implementation  Plan,

(f)   Delegation uf authority

     (1)   The Administrator  shall have the authority to delegate responsi-
          bility for implementing the procedures  for conducting  source  re-
          view pursuant to paragraphs (d) and (e), in accordance with sub-
          paragraphs (2),  (3),  and  (4) of this  paragraph.

     (2)   Where the Administrator delegates the responsibility for imple-
          menting the  procedures for  conducting source review  pursuant  to
          this section to  any Agency, other than  a regional office of the
          Environmental Protection  Agency, the  following provisions shall
          apply:

          (i)'     Where the  agency  designated is  not an air pollution con-
                  trol agency,  such  agency shall  consult with  the  appropri-
                  ate  State  and local air pollution  control agency prior to
                  making any determination required by paragraph (d) of
                  this section.  Similarly, where the agency  designated
                  does not have continuing responsibilities for managing
                  land use,  such agency  shall consult with the appropriate
                  State and  local agency which  is primarily responsible for
                  managing land use prior to  making any determination  re-
                  quired by paragraph (d) of this section.

          (ii)    A copy of the notice pursuant to paragraph (e)  (1,)  (ii)
                   (c)  of this section shall be sent to the Administrator
                  through the appropriate regional office.
                                   -148-

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(3)  In accordance with Executive Order 11752,  the. Administrator's
     authority for implementing  the procedures  for"conducting  source
     review pursuant to this  section shall  not  be  delegated, other than
     to a regional office of  the Environmental  Protection  Agency, for
     new or modified sources  which are  owned  or operated by the  Federal
     government or for new or modified  sources  located  on  Federal lands;
     except that, with respect to the latter  category,  where new or
     modified sources are constructed or operated  on  Federal lands pur-
     suant to leasing or other Federal  agreements, the  Federal land
     Manager may at his discretion, to  the  extent  permissible  under  ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local  agency's procedures
     developed pursuant to paragraphs (d) and (e)  of  this  section.

(4)  The Administrator's authority for  implementing the procedures for
     conducting source review pursuant  to this  section  shall not be  re-
     delegated, other than to a regional office of the  Environmental
     Protection Agency, for new or modified sources' which  are  located
     on Indian reservations except where the  State has  assumed juris-
     diction over such land under other laws, in which  case the  Admin-
     istrator may delegate his authority to the States  in  accordance
     with subparagraphs (2),  (3), and (4) of  this  paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan. 16,  1975, as
      amended at 40 FR 24535, June 9, 1975;  40 FR 25005,  June 12,
      2975;  40 FR 42012, Sept. 10, 1975)
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