U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 287
Air Pollution Regulations in State
Implementation  Plans: Pennsylvania
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                     United Statao
                     Environmental Protection
                     Agency
Office o? Air Quality
Planning and Starttordt
Research Tricnjfo Park NC 27711
EPA-450/3-78-088
August 1978
                     Air
                      Air  Pollution  Re
                             Hate
                      Pennsylvania
'iWH^f :
                                      nT*';p> > .* -?<*H'•' '•'' '" ,  ,   •" ' ••••       '  .,'•., .• .* . , •• '"

                                REPRODUCED BY
                                NATIONAL TECHNICAL

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

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions OH the reverse before completing)
 1, REPORT Np.
 ' "EPA-450/3-?8-08r
  , TITLE AND SUBTITLE
  Air  Pollution Regulations 1n  State Implementation i
  PI ans-: iPenjnsylvanla
3. RECIPIENT'S ACCOSSIOf*NO.
                    2.
                                         B. REPORT DATE
                                           August  1978
                                                    2.QD
                                                        i
                                         6. PERFORMING ORGANIZATION CODE
 7. AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION.REPORT NO.
 9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Wai den Division  of Abcor, Inc.
  Wilmington,  Mass.
                                                           10. PROGRAM ELEMENT NO.
                                         11. CONTRACT/GRANT NO.


                                           68-02-2890
 12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs  Development Division
  Office of Air  Quality Planning and Standards
  Office of Air,  Noise, and Radiation
  Research Triangle Park, NC 27711	
                                         14. SPONSORING AGENCY CODE
 16. 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

                                             |b.IDENTIFIERS/OPEN ENDED TERMS JC. COSATI Field/Group
DESCRIPTORS
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
                            19. SECURITY CLASS (This Report)
                               Unclassified	
                                                       21. NC
                                              20. SECURITY CLASS fTHIS page)

                                                 Unclassified
              22. PRICE
                An
                                                                     HP
EPA Form 2220-1 (»-73)

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                                    EPA-4SO/3-78-088
     Air Poilution
In State Implementation
                  Pennsylvania
                         by     v

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

              U.S. ENVIRONMENTAL PROTECTION AGENCY
                 Office of Air, Noise, and Radiation
              Office of Air Quality Planning and Standards
              Research Triangle Park, North Carolina 27711

                       August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are  those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-088

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                             INTRODUCTION

                                                               »
     This document has been produced 1n compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977.  The Federally enforceable
regulations contained in the State Implementation Plans (SIPsJ have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1» 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.  State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

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

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

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

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

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

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                                 SUMMARY SHEET
                                      OF
                        EPA-APPROVED REGULATION CHANGES
                                  PENNSYLVANIA
Submittal Date
    3/17/72
     6/6/72
    11/3/72
    4/15/74
    5/28/74

   12/26/74

     8/7/75
Section Number
    52.2024
    52.2038
    52.2039
    52.2040
    52.2041
    52.2042
    52.2043
Approval Date
   5/31/72
   7/27/72
   5/14/73
    4/1/75
    9/9/75
  11/29/75
   4/30/76
     Description
State Regulations 121, 123, 127,
129, 131, 135, 139, 141
Article XVIII:  Regulations for
Allegheny County
Philadelphia Regulations I, IV,
VIII, IX, X
Philadelphia Reaulation III
Philadelphia Regulations I, II,
X, XI
State Regulation 123 - Process
Factor for Glass Production
State Regulations 123 and 129
Revised for Zinc Smelters
      FEDERAL REGULATIONS
Description
Regulation for Public Availability of Emission Data
Inspection and Maintenance
Air Bleed to Intake Manifold Retrofit
Management of Parking Supply
Study and Establishment of Bikeways
Gasoline Transfer Vapor Control
Computer Carpool Matching System

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Section Number          Description
    52.2044             Pennsylvania - New Jersey Busways
    52.2045             Roosevelt Boulevard Busway Between Grant Avenue and
                        Hunting Park
    52.2046             Central Business Districts Bus and Parking Restrictions
    52.2047             Exclusive Busways in Philadelphia Outside the CBD
    52.2048             Exclusive Bus Lanes for Philadelphia Suburbs and
                        Outlying Areas
    52.2049             Specific Express Busways in Allegheny County
    52.2050             Exclusive Bus Lanes for Pittsburgh Suburbs and
                        Outlying Areas
    52.2051              Regulation for Limitation of Public Parking
    52.2052             Employer's Provision for Mass Transit Priority
                        Incentives
    52.2053             Monitoring Transportation Mode Trends
    52.2055             Regulation for Review of New or Modified Indirect
                        Sources
    52.2058             Prevention of Significant Deterioration
                                    VI

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

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
              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) - Particulars
              (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
                                         VIII

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TABLE OF  CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(2.0)
(6.0)
(2.0)
(2.0)
(2.0)
, (50.0)
(50.1.3)
(50.1)
(51.5)
(51.9)
(50.1.1)
(2.0)
STATE REGULATIONS
Chapter-
Sectlon Number
Chapter 121 Genen
121.1 Defin
121.2 Purpo:
121.3 Applii
Artie
121.4 Regioi
the D<
121.5 Referi
121.6 Reque;
121.7 Prohil
Pollui
121.8 CompV
121.9 Circur
121.10 Exist-
121.11 Seven
Chapter 123 Stand*
123.1 Prohit
Fugiti
123.2 Fugiti
Mattel
123.11 Combu<
123.12 Inc1n«
123.13 Proces
123.21 Genera
                     Title
Page
  1
  1
  5
               Regional  Organization  of
               Referrals from Associations
               Compliance Responsibilities
               Circumvention
               Existing Orders
               Severability Clause
               Standards for  Contaminants
               Prohibition of Certain
  5
  6
  6

  6
  6
  6
  7
  7
  8

  8

  9
  9
 10
 10
 12
          ixr-.

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Revised Standard
  Subject Index
     (51.6)
     (51.2)
    (51.11)
     (50.6)
   (50.1.2)
      (9.0)
      (3.0)
Chapter-
Section Number
        123.22
        123.23
        123.24
        123.31
        123.41
        123.43
Chapter 127
(2.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
(3.0)
(3.0)
(2.0)
(3.0)
(3.0)
(2.0)
(51.21)
(2.0)
127.1
127,11
127.12
127.13
127.14
127.21
'127.22
127.23
127.24
127.31
127.32
127.33
Chapter 129
129.1
      Title                 Page
Combustion Units             12
By-product Coke Oven Gas     13
Primary Zinc Smelters        14
Limitations                  14
Limitations                  14
Measuring Techniques         15
Construction, Modification,
Reactivation and Operation
of Sources                   21
Purpose                      21
Requirements                 21
Content of Applications      22
Extensions                   22
Exemptions                   23
Requirements                 23
Contents of Applications     23
Temporary Permits            24
Extensions                   24
Procedure for Denying,
Revoking or Suspending an
Approval or a Permit         25
Transfer of Approvals
and Permits                  25
Notice of Sale of
Equipment                    25
Standards For Sources        26
General                       26

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Revised Standard
Chapter-
Subject Index
(51.16)
(51.16)
(51.16)
(2.0)
(51.15)
(51.10)
(51.18)
(51.19)
(51.13)
(4.0)
(2.0)
(4.0)
(4.0)
(2.0)
(13.0)
(1.0)
(2.0)
(13.0)
(13.0)
(8.0)
(2.0)
(9.0)
Section Number
129.2
129.3
129.4
129.5
129.6
129.11
129.12
129.13
129.14
Chapter 131
131.1
131.2
131,3
131.4
Chapter 135
135.1
135.2
135.3
135.4
Chapter 137
137.1
, 137.2
Title
Storage
Loading Facilities
Water Separators
Pumps and Compressors
Ethyl ene Production Plants
Nitric Acid Plants
Sulfuric Acid Plants
Sulfur Recovery Plants
Open Burning Operations
Ambient Air Quality
Standards
Purpose
National Ambient Air
Quality Standards
Ambient Air Quality
Standards
Application of Ambient
Air Quality Standards
Reporting of Sources
Definitions
Applicability to Sources
Reporting
Reporting Forms and Guides
Air Pollution Episodes
Purpose
Monitoring Facilities
Page
26
26
27
27
27
28
28
28
28
31
31
31
31
31
32
32
32
32
33
34
34
34
                                  XI

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Revised Standard
Chapter-
Subjectjndex
(8.0)
(8.0)
(2.0)
(9.0)
(9.0)
(9.0)
(2.0)
(2.0)
(2.0)
(50.1)
(50.2) (50. 3)
(50.0)
(50.1)
(2.0)
(9.0)
(2.0)
(5.0)
(2.0)
(5.0)
Section Number
137.3
137.4
137.5
Chapter 139
139.1
139.2
139.3
139.4
139.11
139.12
139.13
139.14
139.21
139.31
139.32
139.33
Chapter 141
141.1
141.2
                                                Title                 Page
                                          Episode Criteria             34
                                          Stand-by Plans                35
                                          Implementation  of Emission
                                          Reduction Procedures          36
                                          Sampling and  Testing          40
                                                            i
                                          Sampling Facilities           40
                                          Sampling By Others           40
                                          General  Requirements          40
                                          References                    41
                                          General  Requirements          41
                                          Emissions of  Particulate
                                          Matter                       42
                                          Emissions of  S09,  H~S
                                          and N02         '  *          43
                                          Emissions of  Other Air
                                          Contaminants                  43
                                          Emissions of  Fugitive
                                          Particulate Matter           44
                                          General                       44
                                          Sampling  and  Analytical
                                          Procedures                    44
                                          Incorporation of Federal
                                          Procedures                    44
                                          Variances and Alternate
                                          Standards                     45
                                          Imposing  Alternate
                                          Standards Authorized          45
                                          Granting  Temporary
                                          Variances Authorized          45
                                     XII

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Revised Standard       Chapter-
  SubjecTlndex        Section Number           T1 tle                Page
      (5.0)                    141.3      Conditions of Variances     46
      (5.0)                    141.4      Period of Variance          46
      (2.0)                    141.5      Stay of Prosecution         46
      (5.0)                    141.6      Revocation and Modifi-
                                         cation of Variance          47
      (8.0)                    141.7      Air Pollution Episodes      47
     (13.0)                    141.11     Filing                      47
     (13.0)                    141.12     Notice of Filing            48
      (2.0)                    141.13     Contents of Notice          48
     (13.0)                    141 ..21     Filing                      48
      (2.0)                    141.22     Form                        49
      (2.0)                    141.23     Consideration of Protest    49
     (16.0)                    141.31     When Held                   49
     (16.0)                    141.32     Location                    49
     (16.0)                    141.33     Notice                      49
     (16.0)                    141.34     Procedure                   50
     (13.0)                    141.35     Record                      50
      (2.0)                    141.41    -General                      50
      (2.0)                    141.42     Form of Action              51
      (2.0)                    141.43     Notice of Action            51
      (2.0)                    141.44     Appeals                      51
                                   XIII

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REGULATIONS OF THE AIR POLLUTION CONTROL BOARD
CITY OF PHILADELPHIA, PENNSYLVANIA
Revised Standard
Subject Index
(2.0)
(1.0)
(3.0)(13.0)
(9.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(2.0)
(50.0)
(51.13)
(51.12)
(50.1.2)
(51.5)
Regulation
Number
Regulation I
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Section VIII
Section IX
Section X
Regulation II
Section II
Section III
Section IV
Section VI
Title
General Provisions
Definitions
Source Registration and
Emission Reporting
Testing and Test Methods
Availability of
Technology
Improvement and Plan
Pre-existing Regulations
Circumvention
Severability
Effective Date
Compliance Witlr Regula-
tions of the Environ-
mental Quality Board of
Pennsylvania
Air Contaminant and
Particulate Matter
Emissions
Open Fires
Toxic of Radioactive Air
Contaminants
Visible Emissions
Selection of Fuel for
Page
53
53
58
62
62
63
63
63
63
63
63
64
65
65
65

                             Particulate Matter  Emission
                             Control                      66
                        xiv

-------
Revised Standard
  Subject Index
     (50.1)
     (50.2)

     (50.2)

     (51.6)

      (8.0)


      (1.0)
      (8.0)
      (8.0)
      (8.0)


      (8.0)

      (2.0)
      (2.0)
      (2.0)
     (50.4)

      (1.0)
    (51.16)
    (51.16)
Regulation
Number
Section   VIII
Regulation III
Section
II
Section    III
Air Management
Regulation  IV
Section      I
Section     II
Section    III
Section     IV

Section      V
Section     VI
Section    VII
Section   VIII
Regulation   V

Section      I
Section     II
Section    III
      Title                Page
Fugitive Dust               66
The Control of Emissions
of Oxides of Sulfur
Compounds                   68
Control of Emissions of
Sulfur Compounds            70
Control of Sulfur in
Fuels                       71
Governing Air Pollution
Control Measures During
High Air Pollution
Episodes                    71
Definitions                 71
Declaration of Conditions   72
Termination of Conditions   73
Alert and Notification
System By The Health
Commissioner and the
Emergency Coordinator       73
Advance Preparation for
High Air Pollution Episodes 74
Actions and Restrictions    75
Severability                82
Effective Date              82
Control of Emission of
Organic Substances From
Stationary Sources          86
Definitions                 86
Storage Tank                88
                              o
Oil-Effluent Water
Separator                   88
                                    xv

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Revised Standard
Subject Index
(2.0)
(51.16)
(50.4)
(50.4)
(50.4)
(51.16)
(50.6)
(51.12)
(2.0)
(2.0)
(2.0)
(50.5)
(1,0)
(2.0)
(9.0)
(2.0)
(2.0)
(2.0)
Regulation
Number
Section IV
Section V
Section VI
Section VII
, Section VIII
Section IX
Section X
Section XI
Section XII
Section XIII
Section XIV
Regulation VIII
Section I
Section II
Section III
Section IV
Section V
Section VI
(§0.1.2)02.0)
      0.0)
Regulation  IX
Section
      Title                 Page
Pumps and Compressors       89
Organic Material
Loading                     89
Organic Solvents            90
Processing of Photo-
chemical ly Reactive
Organic Materials           90
Architectural Coatings      90
Disposal of Solvents        91
Odors                       91
Radioactive and Toxic
Organic Materials           91
Circumvention               91
Severability                91
Effective Date              91
Control  of Emissions of
Carbon Monoxide from
Stationary Sources          92
Definitions                 92
General                      92
Equipment Monitoring        92
Circumvention               92
Severability                93
Effective Date              93
Control  of Visible
Emissions from Mobile
Sources                      93
Definitions                 93
                                     XVI

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Revised Standard
Subject Index
(12.0)
(2.0)
(2.0)
(2.0)
(10.0)
(1.0)
(2.0)
(2.0)
(2.0)
(2.0)
(51.9)
(1.0)
(2.0)
(50.0)
(2.0)
(3.0)
(2.0)
(2.0)
(2.0)
Regulation
Number
Section
Section
Section
Section
Regulation
Section
Section
Section
Section
Section
Regulation
Section
Section
Section
Section
Section
Section
Section
II
III
IV
V
X
I
II
III
IV
V
XI
I
II
III
IV
V
VI
VII
Section VIII
Title
Standard of Emissions
Circumvention
Severability
Effective Date
Complex Source Review
Definitions
General Provisions
Air Quality Impact Review
Severability
Effective Date
Control of Emissions
From Incinerators
Definitions
General Provisions
Emission Limitations
Operation
Permits and Licenses
Circumvention
Severability
Effective Date
Page
94
94
95
95
95
95
96
96
98
98
98
98
100
101 .
101
102
103
103
103
XVII

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ALLEGHENY COUNTY HEALTH DEPARTMENT
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(6.0)
(2.0)
(15.0)
(2.0)
(2.0)
(16.0)
(50.0)
(50.1.2)
(50.1.3)
(51.5K51.6)
(51.0)
(.51.9)
(50.2)
(51.2)
(50.0)
RULES AND REGULATIONS
AIR POLLUTION
Section
Number
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1809.1
1809.2
1809.3
1809.4
1809.5
1809.6
1809.7
1810
- ARTICLE XVIII
CONTROL
Title
Definitions
Purpose
Prohibition of Air
Pollution
Compliance Responsi-
bilities
Circumvention
Existing Orders
Administration and
Organization
Compliance Orders
Inspection
Emission Standards
Visible Air Contaminants
Fugitive Emissions
Fuel -Burning or
Combustion Equipment
Processes
Incinerators
Sulfur Compound
Emissions
Coke Ovens
Standards For Sources
Page
105
112
112
112
112
112
112
114
116
116
116
117
118
119
121
122
123
126
                XVIII

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Revised Standard       Section
Subject Index
(51.16)
(51.18)
(51.19)
(51.18)(51.19)
(51.4)
(51.17)
(51.13)
(9.0)(13.0)
(4.0)
(8.0)
(5.0)
(3.0)
(7.0)
(16.0)
(50.7)
(2.0)
(2.0)
(2.0)
(2.0)
Number
1810.1
1810.2
1810.3
1810.4
1810.5
1810.6
1810.7
1811
1812
1813
1814
1815
1816
1817
1818
1819
1820
1821
1822
Title
Volatile Organic
Compounds
Sulfuric Acid Plants
Sulfur Recovery Plants
Exceptions to Standards
For Sulfur Acid and
Recovery Plants
Blast Furnace Slips
Slag Quenching
Open Burning
Reporting and Testing
of Sources
Ambient Air Quality
Standards
Air Pollution Emergency
Episode System
Variances
Permits and Fees
Shutdown or Breakdown
of Equipment
Penalties
Nuisances
Application for
Injunctive Relief
Other Rights and
Remedies Preserved
Severability Clause
Repealer
Page
126
128
128
128
128
129
129
130
135
136
148
153
163
163
164
164
164
165
165
                                     XIX

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                    FEDERALLY PROMULGATED REGULATIONS
Revised Standard
  Subject Index

   '  (14.0)


     (12.0)


     (12.0)


     (12.0)


     (12.0)


     (12.0)


     (12.0)


     (12.0)


     (12.0)



     (12.0)



     (12.0)



     (12.0)



     (12.0)
Section
Number

   52.2024


   52.2038


   52.2039


   52.2040


   52.2041


   52.2042


   52.2043


   52.2044


   52.2045



   52.2046



   52.2047



   52.2048



   52.2049
      Title                Page

Public Availability of
Data                       175

Inspection and
Maintenance                175

Air Bleed to Intake
Manifold Retrofit          177

Management of Parking
Supply                     179

Study and Establishment
of Bikeways                182

Gasoline Transfer Vapor
Control                    184

Computer Carpool Matching
System                     187

Pennsylvania-New Jersey
Busways                    188

Roosevelt Boulevard
Busway Between Grant
Avenue and Hunting Park    189

Central Business Districts
Bus and Trol1ey Ways and
Parking Restrictions       190

Exclusive Busways in
Philadelphia Outside the
CBD                        192

Exclusive Bus Lanes for
Philadelphia Suburbs and
Outlying Areas             194

Specific Express Busways
in Allegheny County        195
                                     XX

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Revised Standard
  Subject Index

     (12.0)
     (12.0)


     (12.0)



     (12.0)


     (10.0)


     (17.0)
Section
Number
   52.2050



   52.2051


   52.2052



   52.2053


   52.2055


   52.2058
      Ti tle                Page

Exclusive Bus Lanes for
Pittsburgh Suburbs and
Outlying Areas             197

Regulation for Limitation
of Public Parking          199

Employer's Provision for
Mass Transit Priority
Incentives                 201

Monitoring Transporta-
tion Mode Trends           202

Review of New or
Modified Sources           204

Prevention of Significant
Deterioration              214
                                     xx i

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(2.0)
                TITLE 25.   RULES  AND REGULATIONS
      PART 1.    DEPARTMENT OF ENVIRONMENTAL  RESOURCES
        Subpart C.   PROTECTION OF NATURAL RESOURCES
                   ARTICLE 111.   AIR RESOURCES

                CHAPTER 121.    GENERAL PROVISIONS
                                          GENERAL
(1.0)
121.1  Definitions.
               The definitions set forth in the Act of January 8,  1960,  P.L.  2199,  3,  as
             amended (35 P.S.  4003), shall  apply to the provisions of this  Article.  In
             addition, the following words  and terms,  when used in this  Article,  shall
             have the following meanings, unless the context clearly indicates otherwise:
                   (1)  Act - Air Pollution Control  Act, the Act of January 8,
             P.L. 2119,  as amended (35 P.S. 4001  et seq.).
                                                                  1960,
                   (2)  Agency - Any official  body of any political  subdivision of the
             Commonwealth having the authority or duty to enforce local  ordinances or
             resolutions relating to the prevention and control  of air pollution.

                   (3)  Air basin - A geographic area of this Commonwealth as delimited
             in this section.

                   (4)  Air cleaning device -  Any article, chemical, machine, equipment or
             other contrivance, the use of which may eliminate,  reduce or control  the
             emission of air contaminants into the atmosphere.

                   (5)  Air quality control region - Any air quality control  region des-
             ignated as such by the Administrator of the United  States Environmental
             Protection Agency pursuant to the provisions of the Clean Air Act and which
             includes any part of this Commonwealth.

                   (6)  Allegheny County air basin - Allegheny County.

                   (7)  Allentown. Bethlehem,  Easton air basin - The following political
             subdivisions 1n Lehigh County:  City of Allentown,  City of Bethlehem,
             Catasauqua Borough, Coplay Borough, Emmaus Borough, Fountain Hill Borough,
             Hanover Township, Salisbury Township, South Whitehall Township,  Whitehall
             Township, and the following political subdivisions  in Northampton County:
             Allen Township, Bath Borough, City of Bethlehem, Bethlehem Township,  East
             Allen Township, City of Easton, Freemansburg Borough, Glendon Borough,
             Hanover Township, Hellertown Borough, Lower Nazareth Township, Lower  Saucon
             Township, Nazareth Borough, North Catasauqua Borough, Northampton Borough,
             Palmer Township, Stockertown Borough, Tatamy Borough, Upper Nazareth  Town-
             ship, West Easton Borough and Wilson Borough.
                                                -1-

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      (8)  Ambient air quality standards - Concentrations of air contaminants
in the ambient air, as provided for in Chapter 131  of this Title (relating
to ambient air quality standards).

      (9)  Beaver Valley air basin - The following  political subdivisions
in Lawrence County:  Bessemer Borough, Ell port Borough, Ellwood City Borough,
Enon Valley Borough, Little Beaver Township, New Beaver Borough, City of
New Castle, North Beaver Township, Shenango Township, South New Castle
Borough, Taylor Township, Wampum Borough, Wayne Township and all of Beaver
County except for the following political subdivisions:  Darlington Borough,
Darlington Township, Economy Borough, Frankfort Springs Borough, Franklin
Township, Hanover Township, Independence Township,  Marion Township, New
Sewickley Township and South Beaver Township.

      (10) Best available technology - Equipment, devices, methods or tech-
niques which will prevent, reduce or control emissions of air contaminants
to the maximum degree possible and which are available or can be made avail-
able.

      (11) Board - The Environmental Hearing Board  established by The Ad-
ministrative Code of 1929, the Act of April 9, 1929, P.L. 177, as amended
December 3, 1970, Act No. 275 (71 P.S. 51 et seq.).

      (12) Clean Air Act - The Federal Clean Air Act, as amended by Public
Law 91-604, 84 Stat. 1676 (42 U.S.C. 1857 et seq.), and the rules and regu-
lations promulgated thereunder.

      (13) Combustion unit - Any stationary equipment used to burn fuel  pri-
marily for the purpose of producing power or producing heat by indirect heat
transfer.
                                            t
      (14) Emissions - Air contaminants emitted into the outdoor atmosphere.

      (15) Erie air basin - The following political subdivisions in Erie
County:  City of Erie, Harborcreek Township, Lawrence Park Township, Mil-
creek Township and Wesleyville Borough.

      (16) Flue - Any duct, pipe, stack, chimney or conduit permitting air
contaminants to be emitted into the outdoor atmosphere.  In order to be
classified as a flue, such duct, pipe, stack, chimney or conduit shall be
of such a nature as to permit the performance of the test methods and pro-
cedures specified in Chapter 139 of this Title (relating to sampling and
testing).

      (17) Fugitive air contaminant - Any air contaminant emitted into the
outdoor atmosphere in any manner other than through a flue.
                                   -2-

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      (18) Harrisburg air basin - The following political  subdivisions  in
Cumberland County:Camp Hill  Borough, East Pennsboro Township,  Lemoyne
Borough, New Cumberland Borough, West Fairview Borough,  Wormleysburg  Bor-
ough, and the following political subdivisions in Dauphin  County:   City of
Harrisburg, Highspire Borough, Lower Swatara Township, Middletown  Borough,
Paxtang Borough, Penbrook Borough, Royal ton Borough,  Steel ton  Borough,
Susquehanna Township and Swatara Township.

      (19) Johnstown air basin - The following political  subdivisions in
Cambria County:Brownstown Borough, Conemaugh Township,  Daisytown Borough,
Dale Borough, East Conemaugh Borough, East Taylor Township,  Ferndale  Bor-
ough, Franklin Borough, Geistown Borough, City of Johnstown, Lorain Borough,
Lower Yoder Township, Middle Taylor Townships Southmont  Borough, Stoneycreek
Township, Upper Yoder Township, West Taylor Township  and Westmont Borough.

      (20) Lancaster air basin - The following political  subdivisions in
Lancaster County:East Petersburg Borough, City of Lancaster, Lancaster
Township,, Manheim Township and Mlllersville Borough.

      (21) Mai odor - Any odor which causes annoyance  or  discomfort to the
public and which the Department determines to be objectionable to the public.

      (22) Mobil air contamination source - Any vehicular air contamination
source, including but not limited to automobiles, trucks,  tractors, buses
and other motor vehicles, railroad locomotives, ships, boats and other
water-borne craft, but not including any source mounted  on a vehicle  whether
such mounting is permanent or temporary, which source is not used to  supply
power to the vehicle.

      (23) Modification - Any physical change in a source or any change in
the method of operation of a source which would increase the amount of  any
air contaminant emitted by such 'source or which would result in the emission
of any air contaminant not previously emitteds except that routine main-
tenance, repairs and replacement shall not be considered physical  changes.

      (24) Monongahela Valley air basin - The following  political  subdivis-
ions in Fayette County:Belle Vernon Borough, Brownsville Boroughs Browns-
ville Township, Fayette City Borough, Jefferson Township,  Newell Borough,
Washington Township, and the following political subdivisions  in Washington
County:  Allenport Borough, California Borough, Carroll  Township,  Charleroi
Borough, Coal Center Borough, Donora Borough, Dunlevy Borough, Fallowfield
Township, Finleyville Borough, Long Branch Borough, Monongahela City, New
Eagle Borough, North Charlerol Borough, Roscoe Borough,  Stockdale Borough,
Twilight Boroughs Union Township, West Brownsville Borough,  and the following
political subdivisions 1n Westmoreland County:  Monessen City, North  Belle
Vernon Borough, Rostraver Township and West Newton Borough.

      (25) Non-specific particulate matter - Particulate matter which Is non-
odorous and non-irritating, including but not limited to alundum,  calcium
carbonate, cellulose, port!and cement, graphite, gypsum, limestone, mag-
nesite, starch, tin oxide and glycerine mist.
                                   -3-

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                                                            -"—*•'""""-
      (26) Opacity - The degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.

      (27) Open burning - Any fire, the air contaminants from which are
emitted directly into the outdoor atmosphere and not directed thereto
through a flue.

      (28) Particulate matter - Any material, except uncombined water, that
is or has been airborne and exists as a solid or liquid at 70°F and 14.7
pounds per square inch absolute pressure.

      (29) Potential emission rate - The total weight rate at
which a particular air contaminant, in the absence of any air cleaning
devices, would be emitted per unit of time from an air contamination source
when such source is operated at its rated capacity.

      (30) Process - Any method, reaction, or operation wherein materials
are handled or whereby materials undergo physical change (I.e. the size,
shape, appearance, temperature, state or other physical property of the
material is altered) or chemical change (i.e. a substance or substances
with different chemical composition or properties are formed or created).
A process includes all of the equipment and facilities necessary for the
completion of the transformation of the materials to produce a physical or
chemical change.  There may be several processes in series or in parallel
necessary to the manufacture of a product.

      (31) Rating - The operating limit of a source as stated by the manu-
facturer of the source or as determined by good engineering judgement.

      (32) Reading air basin - The following political subdivisions in
Berks County!Bern Township, Cumru Township, Kenhorst Borough, Laureldale
Borough, Leesport Borough, Lower Alsace Township, Mohnton Borough, Mt.
Penn Borough, Muhlenberg Township, City of Reading, Shillington Borough,
Sinking Spring Borough,, Spring Township, St. Lawrence Borough, Temple Bor-
ough, West Lawn Borough, West Reading Borough, Wyomissing Borough, and
Wyomissing Hills Borough.

      (33) Scranton, Wilkes-Barre air basin - The following political sub-
divisions in Lackawanna County:  Archbald Borough, Blakely Borough, Dickson
City Borough, Dunmore Borough, Jessup Borough, Moosic Borough, Old Forge
Borough, Olyphant Borough, City of Scranton, Taylor Borough, Throop Borough,
and the following political subdivisions in Luzeme County:  Ashley Borough,
Avoca Borough, Courtdale Borough, Dupont Borough, Edwardsville Borough,
Exeter Borough, Forty Fort Borough, Hanover Township, Hughestown Borough,
Jenkins Township, Kingston Borough, Laflin Borough, Larksville Borough,
Laurel Run Borough, Luzerne Borough, City of Nanticoke, City of Pittston,
Pittston Township, Plains Township, Plymouth Borough, Plymouth Township,
Pringle Borough, Sugar Notch Borough, Swoyersville Borough, Warrior Run
Borough, West Pittston Borough, West Wyoming Borough, City of Wilkes-Barre
Township, Wyoming Borough and Yatesville Borough.
                                   -4-

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                   (34)  Source  - Air contamination source.
                   (35)  Southeast Pennsylvania air basin - The following counties:  Bucks,
             Chester,  Delaware, Montgomery and Philadelphia.
                   (36)  Standard conditions  - 70°F and 14.7 pounds per square inch abso-
             lute  pressure.
                   (37)  Volatile organic  compound - Any compound containing carbon and
             hydrogen  or containing carbon and hydrogen in combination with any other
             element and which  has a vapor pressure of at least 1.5 pounds per square
             inch  absolute  under actual storage conditions.
                   (38)  York  air basin  -  The following political subdivisions in York
             County:   Manchester Township, North York Borough, Spring Garden Township,
             Springettsbury Township, West Manchester Township, West York Borough and
             City  of York.
(2.0)         121.2 Purpose
               The purpose  of this Article is to:
                   (1)  Provide for the control and prevention of air pollution anywhere
             in this Commonwealth, except as expressly excluded in the act or otherwise
             noted in  this  Article;  and
                   (2)  Provide guidance  for the design and operation of sources.
(2.0)         121.3 Applicability of this Article.
               The provisions of this Article shall apply in all regions of this Common-
             wealth, unless otherwise clearly noted.
(2.0)         121.4 Regional  organization of the Department.
               The following  regions are  established for purposes of air pollution con-
             trol  and  include the indicated  counties:
               Region  1:       Bucks,  Chester, Delaware, Montgomery, Philadelphia.
               Region  11 N:    Bradford, Lackawanna, Luzerne, Monroe, Pike, Sullivan,
                               Susquehanna, Tioga, Wayne, Wyoming.
               Region  11 S:    Berks,  Carbon, Lehigh, Northampton, Schuylkill.
               Region  111:      Adams,  Cumberland, Dauphin, Franklin, Lancaster, Lebanon,
                               Perry,  York.
               Region  IV:      Bedford,  Clair, Cambria, Centre, Clinton, Columbia,
                               Fulton, Huntingdon, Juniata, Lycoming, Miff!in, Montour,
                               Northumberland, Snyder, Somerset, Union.
                                                -5-

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               Region V:         Allegheny,  Armstrong,  Beaver,  Butler,  Fayette,  Greene,
                                Indiana,  Washington, Westmoreland.

               Region VI:        Cameron,  Clarion,  Clearfield,  Crawford,  Elk,  Erie,  Forest,
                                Jefferson,  Lawrence, McKean, Mercer, Potter,  Venago,
                                Warren.

(2.0)        121.5  Referrals  from associations.

               (a)  Complaints received by  an  association  alleging  that  an  air  contam-
             ination source within the region  of the association  is causing air pollution
             shall be referred to the Department,  in writing,  within three  months after
             its  receipt by the association.   Unless circumstances  indicate otherwise,
             the  computation of the three-month period shall run  from  the date  that a
             complaint is  originally received  at the regional  office of  the Department.

               (b) In referring complaints  to  the  Department,  the association shall state
             what efforts  it has undertaken to resolve complaints,  as  provided  in 6 of
             the  act (35 P.S.  4006).

(16.0)        121.6  Requests for hearings.

               The Board shall  entertain  a  written request for a  hearing by any party
             aggrieved by  any  order,  permit, license or decision  of the  Department  pro-
             vided that the provisions of Chapter  21 of this Title  (relating to rules of
             practice and  procedure)  are  complied  with.

(2.0)        121.7  Prohibition of air pollution.

               No person shall  cause, suffer,  or permit air pollution  as that term  is de-
             fined in the  act.

(6.0)        121.8  Compliance responsibilities.

               Compliance  with any provision of this Title shall  not relieve any person
             of the responsibility to comply with  any  other provision  of this Title, ex-
             cept when such relief has been clearly provided for  in this Title.

(2.0)        121.9  Circumvention.

               No person shall  cause, suffer or permit the use of any  device or technique
             which, without resulting in  reduction of  the  total amount of air contamin-
             ants emitted,  conceals  or dilutes an  emission of  air contaminants  which
             would otherwise be in  violation of the provisions of this Article, except
             that with prior approval  of  the Department, such  devices  or techniques may
             be used for .control  of malodors.
                                               -6-

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(2.0)        121.10  Existing orders.

               All  orders and permits  issued and all  stipulations and agreements entered
             into by the Department prior to the effective date of this section shall
             continue in full force and effect,  but no such order, permit,  stipulation
             or agreement shall  relieve any person from the responsibility  to fully com-
             ply with all applicable provisions  of this Article.

(2.0)        121.11  Severability clause.

               The provisions of this  Article shall be severable.  If any provision of
             this Article is found by  a court of record to be unconstitutional  or void,
             the remaining provisions  of the Article shall, nevertheless, remain valid
             unless the court finds the valid provisions of the Article are so essen-
             tially and inseparably connected with, and so depend upon, the void pro-
             vision, that it cannot be presumed  that the Environmental Quality Board
             would have adopted  the remaining valid provisions without the  void ones,
             or unless the court finds the remaining valid provisions standing alone,
             are incomplete and  are incapable of being executed in accordance with the
             Environmental Quality Board's intent.
                                               -7-

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(50.0)                   CHAPTER 123.    STANDARDS  FOR CONTAMINANTS

                                         Authorlty

                                     FUGITIVE EMISSIONS

(50.1.3)      123.1   Prohibition of certain  fugitive  emissions.

               (a)   No person shall  cause,  suffer, or permit  the emission  into  the out-
             door atmosphere of any fugitive  air  contaminant  from  any  source  except  from:

                    (1)   Construction  or demolition of  buildings  or structures.

                    (2)   Grading, paving and maintenance  of  roads and streets.

                    (3)   Use of roads  and  streets.  Emissions from material in  or on
             trucks, railroad cars and  other  vehicular equipment shall  not be consid-
             ered as emissions from use of  roads  and streets.

                    (4)   Clearing of land.

                    (5)   Tilling or applying amendments to the soil,  preparing cover
             crops  for incorporation  into the soil and harvesting, while farming.
                                                   i
                    (6)   Stockpiling of materials.

                    (7) '  Open burning  operations.

                    (8)   Blasting in open  pit mines.  Emissions from  drilling  shall not
             be considered as emissions from  blasting.

                    (9)   Other sources and classes  of sources determined by  the Depart-
             ment to be of minor significance with respect to the  achievement and main-
             tenance of ambient air quality standards  or with respect  to causing air
             pollution.

               (b)   Any person responsible  for any source  specified in  items  (1) through
             (9)  of subsection (a) of this  section shall take all  reasonable  actions to
             prevent partlculate matter from  becoming  airborne.  Such  actions shall in-
             clude, but not be limited  to,  the following:

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

                    (2)   Application of asphalt,  oil, water or suitable chemicals on dirt
             roads, material  stockpiles,  and  other surfaces which  can  give rise to air-
             borne  dusts.

                    (3)   Conduct of  agricultural  practices such as tilling of  land,
             application of fertilizers,  etc., in  such a manner as  to minimize dust from
             becoming airborne.
                                                -8-

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I                        (4)   The paving and maintenance of roadways.

I                        (5)   The prompt removal of earth or other material from paved streets
                 onto which earth or other material has been transported by trucking or earth
                 moving equipment, erosion by water, or other means.

I     (50.1)       123.2  Fugitive particulate matter.

i                   No person shall cause, suffer, or permit fugitive particulate matter to be
!                 emitted into the outdoor atmosphere from any source or sources specified in
|                 items (1) through (9) of 123.1 (a) of this Title (relating to prohibition of
i                 certain emissions) if such emissions are:
i
i
I
i                        (1)   Either visible, at any time, at the point such emissions pass
j                 outside the person's property, irrespective of the concentration of partic-
]                 ulate matter in such emissions;  or
I
I                        (2)   Not visible at the point such emissions pass outside the per-
i                 son's property and the average concentration, above background, of three
j                 samples9 of such emissions at any point outside the person's property, ex-
!                 ceeds 150 particles per cubic centimeter.

]                                    PARTICULATE MATTER EMISSIONS

     (51.5)       123.11  Combustion units.

                   (a)  No person shall cause, suffer, or permit the emission into the outdoor
:                 atmosphere of particulate matter, at any time, from any combustion unit in
                 excess of:

j                        (1)   The rate of 0.4 Ibs. per million BTU of heat input, when the
                 heat input to the combustion unit in millions of BTUs per hour is greater
j                 than 2.5 but less than 50.

:                        (2)   The rate determined by the formula:
i
                              A = 3.6E0'56 where:
                              A = Allowable emissions in Ibs. per million BTU of heat input,
                                  and
                              E = Heat input to the combustion unit in millions of BTUs per
                                  hour.

:                 when E is equal to or greater than 50 but less than 600.
i
j                        (3)   The rate of 0.1 Ibs. per million BTU of heat input when the heat
                 input to the combustion unit in millions of BTUs per hour is equal to or
j                 greater than 600.

                   (b)  Allowable emissions under subsection (a) of this section are graphi-
                 cally indicated in Figure 1 appended to this Chapter.
                                                    -9-

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(51.9)        123.12  Incinerators.
               No person shall  cause, suffer, or permit the emission to the outdoor at-
             mosphere of particulate matter from any incinerator, at any time,  in such a
             manner that the particulate matter concentration in the effluent .gas ex-
             ceeds 0.1 grains per dry standard cubic foot, corrected to 12% C02-
(50.1.1)      123.13  Processes.
               (a)  Subsections (b) and (c) of this section shall  apply to all  processes
             except combustion units and incinerators.

               (b)  No person shall cause,  suffer,  or permit the emission into  the out-
             door atmosphere of particulate matter  from any process  listed in Table 1,
             at any time, either in excess  of the rate calculated by the following formula
             or in such a manner that the concentration of particulate matter in  the
             effluent gas exceeds 0.02 grains per dry standard cubic foot, whichever is
             greater:

                    A - 0.76E0'42, where:
                    A = Allowable emissions 1n Ibs/hr
                    E = Emission Index 3 F  x W Ibs/hr
                    F = Process factor 1n Ibs/unit, and
                   , W = Production or charging rate in  un1ts/hr

                 .   The factor F shall be obtained  from Table 1.   The units for F and W
             shall be compatible.

                    Allowable emissions under this  subsection are graphically indicated
             in Figure 2 appended to this Chapter.

               (c)  No person shall cause,  suffer,  or permit the emission into  the out-
             door atmosphere of particulate matter  from any process  not listed  in Table 1
             in such a manner that the concentration of particulate  matter in the efflu-
             ent gas, at any time, exceeds:

                    (1)   0.04 grains per dry standard  cubic foot, when the effluent gas
             volume is less  than 150,000 dry standard cubic feet per minute.

                    (2)   The rate determined by the formula:

                          A  = 6000E  where:
                          A  = Allowable emissions in grains per dry  standard cubic foot,
                              and
                          E  = Effluent gas  volume in dry standard  cubic feet per  minute,

             when E is equal to or greater  than 150,000 but less  than 300,000.

                    (3)   0.02 grains per dry standard  cubic foot, when the effluent gas
             volume is greater than 300,000 dry standard cubic feet  per minute.

                    Allowable emissions under this  subsection are  graphically indicated
             in Figure 3 appended to this Chapter.
                                              -10-

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                            TABLE  1
       Process'

 1.   Carbon black mfg.
 2.   Charcoal  mfg.
 3.   crushers  or grinders  or screens
 4.   Paint mfg.
 5.   Phosphoric  acid mfg.
 6.   Detergent drying
 7.   Alfalfa dehydration
 8.   Grain elevators:
       Loading or unloading
 9.   Grain screening and cleaning
10.   Grain drying
11.   Meat smoking
12.   Ammonium nitrate mfg:
       Granulator
13.   Ferroalloy  production furnace
14.   Primary iron and/or steel  making:
       Iron production
       Sintering:  windbox
       Steel production
       Scarfing
15.   Primary lead production:
       Roasting
       Sintering:  windbox
       Lead reduction
16.   Primary zinc production:
       Roasting
       Sintering:  windbox
       Zinc reduction
17.   Secondary aluminum production:
       Sweating
       Melting and refining
18.   Brass and bronze production:
       Melting and refining
19.   Iron foundry:
       Melting:
         5T./hr  and less
         More than 5T./hr
       Sand handling
       Shake-out
20.   Secondary lead smelting
21.   Secondary magnesium smelting
22.   Secondary zinc smelting:
       Sweating
       Refining
23.   Asphaltic concrete production
24.   Asphalt roofing mfg:
       Felt saturation
    Process Factor, F

500 Ibs./ton of product
400 Ibs./ton of product
 20 Ibs./ton of feed
0.05 Ibs./ton of pigment handled
  6 Ibs./ton of phosphorous burned
 30 Ibs./ton of product
 30 Ibs./ton of product

 90 Ibs./ton of grain
300 Ibs./ton of grain
200 Ibs./ton of product
0.01 Ibs./ton of meat

0.1 Ibs./ton of product
0.3 Ibs./ton of product

100 Ibs./ton of product
 20 Ibs./ton of dry solids feed
 40 Ibs./ton of product
 20 Ibs./ton of product

0.004 Tbs./ton of ore feed
'0.2 Ibs./ton of sinter
0.5 Ibs./ton of product

  3 Ibs./ton of ore feed
  2 Ibs./ton of product
 10 Ibs./ton of product

 50 Ibs./ton of aluminum product
 10 Ibs./ton of aluminum feed

 20 Ibs./ton of product
150 Ibs./ton of iron
 50 Ibs./ton of iron
 20 Ibs./ton of sand
 20 Ibs./ton of sand
0.5 Ibs./ton of product
0.2 Ibs./ton of product

0.01 Ibs./ton of product
0.3 Ibs./ton of product
  6 Ibs./ton of aggregate feed

0.6 Ibs./ton of asphalt used
                                -11-

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(50.2)

(2.0)-
(51.6)
                                          TABLE 1
                     Process
              25.   Portland cement mfg:
                     Clinker production                  150
                     Clinker cooling                     50
              26.   Coal  drying                            2
              27.   Coal  dry-cleaning                      2
              28.   Lime  calcining                 •      200
              29.   Petroleum refining:
                     Catalytic cracking                   40
              30.   Pressed, blown and spun  glass;
                     glass  production melting  furnace     50
                                               Process Factor. F


                                               Ibs./ton of dry solids feed
                                               Ibs./ton of product
                                               Ibs./ton of product
                                               Ibs./ton of product
                                               Ibs./ton of product

                                               Ibs./ton of liquid feed

                                               Ibs./ton of fill
                   SULFUR COMPOUND EMISSIONS
123.21  General.
  (a)  Subsection (b) of this section shall  apply to all  sources except
those subject to the provisions of other sections of this Article, with re-
spect to the control of sulfur compound emissions.

  (b)  No person shall cause, suffer, or permit the emission into the out-
door atmosphere of sulfur oxides, from any source, in such a manner that the
concentration, at any time, of the sulfur oxides, expressed as  S02, in the
effluent gas exceeds 500 parts per million,  by volume (dry basis)?

123.22  Combustion units.

  (a)  (1)   Clause (2) of this subsection shall  apply to all combustion
units in all the air basins except those units subject to the provisions of
subsection (b) of this section.

       (2)   No parson shall cause, suffer,  or permit the emission into the
outdoor atmosphere of sulfur oxides, expressed as S02, from any combustion
unit, at any time, in excess of:
                          (i)   The  rate of 3.0 Ibs. per million BTU of heat input when
             the heat input  to  the combustion unit  in millions of BTUs per hour is greater
             than 2.5 but less  than  50.

                          (ii)  The  rate determined by the formula:
                                       0 14
                               A =  5.IE '   where:
                               A =  Allowable emissions in Ibs. per million BTU of heat
                                    input, and
                               E *  Heat input to the combustion unit in millions of BTUs
                                    per hour,

             when E is equal to or greater than 50  but less than 2,000.
                                              -12-

-------
(51.2)
                         (iii)   The  rate  of  1,8  Ibs.  per million BTU of heat input when
            the heat input to the  combustion unit  in  millions of BTUs per hour is euqal
            to or greater than  2,000.

              (b)  (1)    Clause (2)  of  this  subsection  shall apply to all combustion
            units in the Allegheny County, Beaver  Valley, Monongahela Valley and South-
            west Pennsylvania air  basins.

                   (2)    No person shall  cause,  suffer, or  permit the emission into the
            outdoor atmosphere  of  sulfur  oxides, expressed  as S02, from any combustion
            unit, at any time9  in  excess  of:


                         (i)     The  rate  of  1.0  Ib. per million BTU of heat input, when
            the heat input to the  combustion unit  in  millions of BTUs per hour is
            greater than 2.5 but less than 50.

                         (ii)    The  rate  determined by  the  formula:
                                    1.7E0'14, where:
                    A = Allowable emissions in Ibs.  per million  BTU of heat
                        input, and
                    E = Heat input to the combustion unit in millions  of
                        BTUs per hour,

when E is equal to or greater than 50 but less than  2,000.

             (iii)  The rate of 0.6 Ibs.  per million BTU of heat input when
the heat input to the combustion unit in  millions of BTUs per hour is  equal
to or greater than 2,000.

  (c)  (1)   Clause (2) of this subsection shall  apply to all  combustion
units not subject to the provisions of subsections (a) and (b) of this sec-
tion.

       (2)   No person shall cause, suffer,, or permit the emission into the
outdoor atmosphere of sulfur oxides, expressed as SOgp from any  combustion
unito at any time9 in excess of the rate  of 4.0 Ibs. per million BTU of
heat input

  (d)  Allowable emissions under this section are graphically indicated in
Figure 4 appended to this Chapter.

123.23  By-product coke oven gas.

  (a)  No person shall cause, suffer or permit the emission of by-product
coke oven gas into the outdoor atmosphere unless  such gas is first burned.

  (b)  No person shall cause, suffer or permit the flaring or combustion of
any coke oven by-product gas that contains sulfur compounds, measured  as
hydrogen sulfide, in concentrations greater than  50.grains per 100 dry
standard cubic feet.
                                             -13-

-------
(51.11)     123.24  Primary Zinc Smelters.

             . (a)   No person shall  cause,  suffer or permit the emission into  the  out-
            door atmosphere of sulfur oxides,  from any zinc roasting  operation  in such
            a manner that the concentration of sulfur oxides,  expressed as  S02  in the
            effluent gas exceeds 500 parts  per million by volume  (dry basis)  calculated
            as a two-hour moving average.

              (b)   No person shall  cause,  suffer or permit the emission into  the  out-
            door atmosphere of sulfur oxides,  from any zinc sintering operation,  at any
            time in excess of the rate calculated by the  following  formula:

                   Y = 0.054X where:
                   X = Calcine feed rate to the sinter plant (Ibs./hr)
                   Y = Allowable sulfur oxide  emissions (Ibs./hr)

                                        ODOR  EMISSIONS

(50.6)      123.31   Limitations.

              (a)   (I)   No person  shall cause,  suffer, or permit,  at any time, any
            emissions from the following processes unless  the  emissions have  been  in-
            cinerated at at least 1200°F for at least 0.3  seconds prior to  their  emis-
            sions  into the outdoor  atmosphere.   Chip dryers, animal blood dryers,  as-
            phalt  roof manufacture,  brake shoe debonding operations,  core ovens,  ren-
            dering cookers., varnish  cookers, paint-baking  ovens, meat smokehouses
            other  than those in single family  farms,  plastic curing ovens,  fabric-
            backing and fabric coating baking  ovens,  ovens for curing of binders  in
            mineral  wool  production,  meat processing  other than in  single family  farms,
            tear gas manufacture and  sources of hydrogen sulfide or mercaptans.

                   (2)   Techniques other than  incineration may be  used to  comply  with
            the provisions of Clause  (1) of this  subsection  if it is  shown  to the
            satisfaction of the Department  that  such  techniques are equivalent to  or
            better than the required  incineration  in  terms of  control  of the odor  emis-
            sions.

              (b)   No person shall  cause, suffer,  or  permit  the emission into the  out-
            door atmosphere of any malodorous  air  contaminants  from any source whatso-
            ever,  including those in  compliance with  the provisions of subsection  (a)
            of this  section, in such  a manner  that the  malodors are detectable beyond
            the person's property.

                                       VISIBLE  EMISSIONS

(50.1.2)     123.41   Limitations.

              No person shall  cause,  suffer, or  permit  the emission into the outdoor
            atmosphere of visible air contaminants  in  such a manner that the opacity
            of the emission is:
                                            -14-

-------
                   (1)    Equal  to or greater than  20%  for a  period  or  periods  aggre-
            gating more than  3  minutes  in  any one  hour;   or

                   (2)    Equal  to or greater than  60%  at  any time.

            123.42  Exceptions.

              The limitations of 123.41  of this  Title  (relating  to  limitations on  visi-
            ble emissions)  shall  not apply to any  visible emission:

                   (1)    When the presence of uncombined  water is the  only  reason  for
            failure of  the  emission  to  meet the  limitations;

                   (2)    Resulting from the operation  of  equipment  used  solely to  train
            and test persons  in observing  the opacity  of  visible emissions;  and

                   (3)    From sources specified  in items  (1) through  (9)  of 123.1  (a)
            of this Title (relating  to  permitted fugitive emissions).

(9.0)        123.43  Measuring techniques.

              Visible emissions may  be  measured  using:

                   (1)    Any  device  approved by  the Department and  maintained  to pro-
            vide accurate opacity measurements;  or

                   (2)    Observers,  trained and  qualified to measure  plume  opacity
            with the naked  eye  or with  the aid of  any  devices approved by the  Depart-
            ment.
                                             -15-

-------
                                                      PARTICUIATE  MATTER-COMBUSTION UNITS
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-------
                      PARTICULATE MATTER - PROCESSES  LISTED IN TABLE  1
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-------
                                   FIGURE 3
           PARTICULATE MATTER - PROCESSES NOT LISTED IN TABLE 1
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in
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                                   -18-

-------
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-------
    (3.0)             CHAPTER 127.    CONSTRUCTION,  MODIFICATION,  REACTIVATION
                                      AND OPERATION OF SOURCES

                                              GENERAL
i
1    (2.0)        127.1  Purpose.
I
                   It Is intended that by the application of the  provisions  of this  Article,
                 air quality shall  be maintained at existing levels  in  those areas where  the
i                 existing ambient air quality is better than the  applicable  ambient  air qual-
                 ity standards, and that air quality shall  be improved  to  achieve the  appli-
                 cable ambient air quality standards in those areas  where  the  existing air
J                 quality is worse than the applicable ambient air quality  standards.   In
                 accordance with this intent it is  the purpose of this  Chapter to insure
I                 that all new sources shall conform to the applicable standards of this Ar-
I                 tide and that they shall not result 1n producing ambient air contaminant
j                 concentrations 1n excess of those  specified in Chapter 131  of this  Title
!   -              (relating to ambient air quality standards).  It is further the Intent of
j                 this Chapter to insure that In those areas of this  Commonwealth where con-
i                 centrations of air contaminants are significantly lower than  those  speci-
                 fied in Chapter 131 of this Title  (relating to ambient air  quality  stand-
j                 ards), new sources shall not be established unless  it  is  affirmatively
I                 demonstrated that:
i
]-                        (1)   The establishment of  such new sources  is  justifiable as  a re-
                 sult of necessary economic or social development;
»
T                        (2)   Such new sources shall not result in the  creation of air pol-
|                 lution as defined In section 3 of  the act (35 P.S.  4003);
I
I                        (3)   Such new sources shall conform to all  applicable standards  of
!                 this Article;

j                        (4)   Such new sources shall not result in the  creation of ambient
                 air contaminant concentrations in  excess of those specified 1n Chapter 131
                 of this Title (relating to ambient air quality standards);  and

                        (5)   Such new sources shall control the  emission  of air pollutants
                 to the maximum extent, consistent  with the best  available technology.

                                           PLAN APPROVAL

    (2.0)        127.11  Requirements.

                   No person shall  cause, suffer, or permit the construction or modification
                 of any air contamination source or the reactivation of any  air contamina-
                 tion source after said source has  been out of operation or  production  for a
                 period of one year or more, or the installation  of  any air  cleaning device
                 on any air contamination source, unless such construction,  modification,
                 reactivation or Installation has been approved by the  Department.
                                                   -21-

-------
(3.0)         127.12  Content of applications.

               (a)  Applications for approval shall:

                    (1)   Identify the location of the source.

                    (2)   Contain such information as is requested by the Department and
             as is necessary to perform a thorough evaluation of the air contamination
             aspects of the source.

                    (3)   Show that the source will be equipped with reasonable and ade-
             quate facilities to monitor and record the emissions of air contaminants
             and any operating conditions that may affect the emissions of air contami-
             nants.

                    (4)   Show that the source will comply with all applicable require-
             ments of this Article and those requirements promulgated by the Administrator
             of the United States Environmental Protection Agency pursuant to the pro-
             visions of the Clean Air Act.

                    (5)   Show that the emissions from a new source will be the mini-
             mum attainable through the use of the best available technology.

                    (6)   When requested by the Department, show that the source will not
             prevent or adversely affect the attainment or maintenance of ambient air
             quality standards.

                    (7)   Contain a plan of action for the reduction of emissions during
             each level specified 'in Chapter 137 of this Title (relating to air pollution
             episodes).

               (b)  The Department shall not approve any application unless the appli-
             cation meets the requirements of subsection (a) of this section.  Any ap-
             proval may be granted with appropriate conditions.

 (2.0)       127.13  Extensions.
                                                     \   \
               Any approval  granted by the Department shall be valid for a limited period
             of time, specified by the Department in the approval.   At the end of such
             time, if the construction, modification, reactivation  or installation has
             not been completed, a new approval or an extension of the previous approval
             shall be required.  The Department shall not grant any extension unless the
             application for and the conditions on the previous approval were such that
             any new approval would be essentially a duplication of the previous approval.
                                               -22-

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  (2.0)     127.14   Exemptions.
              Approval  shall  not  be  required for the construction, modification, reacti-
            vation  or  installation of:
                   (1)   Air  conditioning or ventilation systems not designed to remove
            pollutants  generated  by  or  released from other sources.
                   (2)   Combustion  units rated at 2,500,000 or less BTU per hour of
            heat input.
                   (3)   Combustion  units fueled by natural gas supplied by a public
            utility and used  only for space heating, air conditioning or heating water.
                   (4)   Sources  used in residential premises  designed  to house four or
            less families.
                   (5)   Space  heaters  that heat by direct heat transfer.
                   (6)   Mobile sources.
                   (7)   Laboratory  equipment  used exclusively for chemical or physical
            analyses.         ,
                   (8)   Other  sources  .and classes of sources  determined to be of minor
            significance by the Department.
                                    PERMIT TO  OPERATE
(2.0)        127.21   Requirements.
              No person shall cause, suffer, or permit  the operation of any source  the
            constructions modification  or reactivation ,of which, or the installation of
            air cleaning device on which, is subject to the provisions  of 127.11 of this
            Title (relating to  requirements for plan approval), unless  the Department
            has issued  a permit to operate such source.
(3.0)        127.22   Content of  applications.
              (a)  Applications for  permits shall:
                   (1)   Contain  the name, title, address and  telephone number of the
            individual  responsible for  the operation of the source.
                   (2)   Contain  such information as is requested by the Department and
            as is necessary to  perform  a thorough evaluation of the air contamination
            aspects of the  source.
                   (3)   Show that the  construction, modification, reactivation or  in-
            stallation  has  been completed in accordance with the approval.
                                              -23-

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                   (4)    Show that the source is  equipped with  reasonable  and  adequate
            facilities  to monitor and  record  the  emissions of air contaminants and  any
            operating conditions  that  may affect  the  emissions  of air contaminants, that
            such  records  are being and will continue  to be maintained and  that such
            records will  be  submitted  to  the  Department at specified  intervals or upon
            request.

                   (5)    Show that the source is,  is  capable  of being and  will  continue
            to be in compliance with all  the  applicable requirements  of this Article and
            those requirements promulgated by the  Administrator of the United  States
            Environmental  Protection Agency pursuant  to the provisions of  the  Clean Air
            Act.

                   (6)    Show that the emissions  from a new source are the minimum  at-
            tainable through the  use of best  available  technology.

                   (7)    When requested by the Department,  show that  the source is  being,
            is capable  of being,  and will  continue to be operated in  such  a manner  as
            not to cause  any violation of the ambient air quality standards.

                   (8)    Show that the source and  the air cleaning devices are being,
            are capable of being,  and  will continue to  be operated and maintained in
            accordance  with  good  air pollution control  practices.

              (b)  The  Department shall not issue  any permit  unless the application meets
            the requirements of subsection (a) of  this  section.   Any  permit may be
            granted with  appropriate conditions.

(3.0)        127.23  Temporary permits.

              (a)  The  Department may  issue temporary permits to  facilitate shakedown
            of sources  and air cleaning devices, to permit operations pending  the issu-
            ance  of permits  specified  in  127.21 of this  Title (relating to permit require-
            ments), or  to permit  the evaluation of the  air contamination aspects  of the
            source.

              (b)  Any  temporary  permit issued shall  be valid for a limited period  of
            time, not to  exceed 60 days,  but  may be extended  for  additional limited
            periods each  not to exceed 60  days.

              (c)  No temporary permit shall  be issued  or extended which may circumvent
            the requirements of this Chapter.

(2.0)        127.24  Extensions.

              Any permit  issued by the Department  shall  be  valid  for  a limited  period of
            time, specified  by the Department 1n the  permit.  Before  the expiration of
            the permit, a new permit or an extension  of the previous  permit shall be ob-
            tained for  continued  operation of the  source.   The  Department  shall  not grant
            any extension unless  the application for  and the  conditions  on the  previous
            permit were such that  any  new  permit would  be essentially a  duplication of
            the previous  permit.
                                             -24-

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                                 MISCELLANEOUS  PROVISIONS

(3.0)        127.31   Procedure for denying,  revoking or suspending  an  approval  or  a
                    permit.

              (a)   Whenever  the Department  intends  to  take  action  to  disapprove plans
            submitted to it, or to deny,  revoke or  suspend  any approval  or permit,  it
            shall  notify the person involved,  in writing, of its intention setting  forth
            the reasons for  its action.

              (b)   If, within 30 days of  the issuance'of such notification, the person
            files  with the Board a request  for  a hearing and complies with the provis-
            ions of 121.6 of this Title  (relating to requests for  hearings), the  Board
            shall  thereafter schedule a hearing to  review the action  of  the Department
            and thereafter enter an adjudication either affirming, reversing or modify-
            ing the action of the Department.
                                    i
              (c)   If9 however, no appeal has been  filed within the 30-day periods  the
            approval shall be denied9 or  application for permit shall be refused, or
            the approval or  permit shall  be revoked or suspended,  as  the case may be.

(3.0)        127.32  Transfer of approvals and permits.

              (a)   No approval or permit  shall  be transferred from one person to  another.

              (b)   Any approval or permit shall  be  valid only for  that specific source
            and that specific location of the source as described  in  the application
            and shall not be valid for any  other source or  location of the source.

(2.0)        127.33  Notice of sale of equipment.

              (a)   Any person who sells or  distributes  within this Commonwealth any air
            cleaning device  or source subject to the provisions of 127.11  of this Title
            (relating to requirements for plan  approval), shall, within  five (5)  days
            of the sale thereof, file with  the  Department a notice of sale which  shall
            include:

                   (1)   Name and address of purchaser.

                   (2)   Brief description  of article  sold  and its function and where it
            is to  be installed.

                   (3)   The specific terms and provisions  of any  and all  warranties
            given  to the purchaser.

                   (4)   Signature of the person making the sale.

                   (5)   Date of sale.

              (b)   Failure to file a notice of  sale as  required by subsection  (a) of
            this section or  the misrepresentation of any information  contained in any
            such notice shall  constitute a  violation of this  section.
                                             -25-

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 (51.2T)                    CHAPTER 129.   STANDARDS FOR SOURCES

                                SOURCES OF ORGANIC COMPOUNDS

 (2.0)        129.1  General.

               (a)  Sections 129.2, 129.3, 129.4, 129.5 and 129.6 of this Title(relating
             to sources of organic compounds) are applicable to all sources within the
             Allegheny County, Beaver Valley, Monongahela Valley and Southeast Penn-
             sylvania air basins.

               (b)  Techniques other than those specified in 129.2, 129.3, 129.4, 129.5
             and 129.6 of this Title (relating to sources of organic compounds) may be
             used to comply with the requirements of these sections if it is shown to
             the satisfaction of the Department that such alternate techniques are equiv-
             alent to or better than those specified in these sections in terms of the
             control of organic compounds.

 (51.16)      129.2  Storage

               No person shall cause, suffer or permit the placing storing or holding in
             any stationary tank, reservoir or other container rated at more than 40,000
             gallons, of any volatile organic compounds unless such tank, reservoir, or
             other container is a pressure tank capable of 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:

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

                    (2)   A vapor recovery system, consisting of a vapor gathering system
             capable of collecting the volatile organic compound vapors and gases dis-
             charged and a vapor disposal system capable of.processing such volatile
             organic vapors and gases so as to prevent their emission  to the atmosphere.
             All  tank gauging and sampling devices shall be gas-tight  except when gaug-
             ing or sampling is taking place.

(51.16)       129.3  Loading facilities.

               (a)  No person shall cause, suffer or permit the loading of any volatile
             organic compounds into any vehicular tank rated at more than 200 gallons
             from any loading facility which loads 20,000 or more gallons in any one day,
             unless such loading facility is equipped with a vapor collection and disposal
             system as described in 129.2 (2) of this Title (relating  to vapor recovery
             and disposal  systems), properly installed, in good working order, and in
             operation.
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I                   (b)  No person shall cause, suffer or permit the loading of any volatile
I                 organic compounds into any vehicular tank rated at more than 200 gallons
]                 from any loading facility which loads 20,000 or more gallons in any one day,
                 unless such loading facility is equipped with a loading arm with a vapor
                 collection adaptor and pneumatic, hydraulic, or other mechanical means to
]                 force a vapor-tight seal between the adaptor and the hatch of the tank.  A
                 means shall be provided to prevent liquid organic compounds drainage from
                 the loading device when it is not connected to the hatch or to accomplish
                 complete drainage before such removal.  When loading is effected through
                 means other than hatches, all loading and vapor lines shall be equipped with
j                 fittings which make vapor-tight connections and which close automatically
;]                 when disconnected.

i      (51.16)     129.4  Water separators.
I
j                   No person shall cause, suffer, or permit the use of any compartment of any
i                 single or multiple compartment volatile organic compound water separator
j                 which compartment receives effluent water containing 200 gallons a day or
i                 more of any volatile organic compound from any equipment processing, refin-
                 ing, treating, storing, or handling volatile organic compounds consisting
|                 of kerosene or more volatile organic materials, unless such compartment is
;                 equipped with one of the following vapor loss control devices, properly
j                 installed, in good working order, and in operation:

j                        (1)   A container having all openings sealed and totally enclosing
i                 the liquid contents.  All gauging and sampling devices shall be gas-tight
|                 except when gauging or sampling is taking place.
i
j                        (2)   A container equipped with a floating roof, consisting of a
i                 pontoon type roof, double deck type roof, or internal floating cover, which
i                 will rest on the surface of the contents and be equipped with a closure seal
                 or seals to close the space between the roof edge and container wall.  All
;                 gauging and sampling devices shall be gas-tight except when gauging or sam-
                 pling is taking place.

      (2.0)       129.5  Pumps and compressors.

                   All pumps and compressors handling volatile organic compounds shall have
'                 mechanical seals.

i      (51.15)     129.6  Ethylene production plants.

;                   No person shall cause, suffer or permit the emission into the outdoor at-
                 mosphere of any waste gas stream from any ethylene production plant or
i                 facility, unless the gas stream is properly burned at no less than 1,300° F
I                 for at least 0.3 seconds, except that no person shall cause, suffer or permit
!                 the emission of hydrocarbon gases into the outdoor atmosphere from any vapor
                 blowdown system unless these gases are burned by smokeless flares.
                                                   -27-

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                             ,      MISCELLANEOUS  SOURCES

(51.10)       129.11   Nitric  acid  plants.

               No person  shall  cause,  suffer or permit the emission  into the outdoor at-
             mosphere,  at any time, from any nitric acid production  plant or facility, of
             nitrogen oxides, expressed as N02, in excess of the  rate of 5.5 Ibs. per ton
             of acid  produced,  the  production being expressed as  100% HNOg.

(51.18)       129.12   Sulfuric acid  plants.

               No person  shall  cause,  suffer, or  permit the emission into the outdoor at-
             mosphere,  at any time, from any sulfurlc acid production plant or facility,
             of:

                    (1)    Sulfur  oxides, expressed as S02, in excess of the rate of 6.5
             Ibs.  per ton of acid produced, or

                    (2)    Sulfuric  acid mist in excess of the rate of 0.5 Ibs. per ton
             of acid  produced,  the  production being expressed as  100% HgSO^.

(51.19)       129.13   Sulfur  recovery plants.

               (a)   No  person shall  cause, suffer or permit the emission into the outdoor
             atmosphere,  at  any time,  from any plant used for recovering elemental sulfur*
           .  from gases containing  sulfur compounds, or sulfur oxides, expressed as S02»
             in excess  of the rate  determined by  the formula:

                   A = 0.32E0'5  where:
                   A = Allowable emissions in Ibs. of sulfur oxides per pound of sulfur
                       compounds,  expressed as S, in the feed gases, and
                    E = Recovery  plant rating in  long tons of sulfur per day.

               (b)  Allowable emissions under this section are graphically indicated in
             Figure  1 appended  to this Chapter.

(51.13)       129.14   Open burning operations.

               (a)  No  person shall  cause, suffer or permit the open burning of any mate-
             rial  in  any  air basin.

               (b)  No  person shall  cause, suffer or permit the open burning of any mate-
             rial  in  any  area outside  of air basins in such a manner that:

                    (1)    The emissions are visible, at any time, at the point such emis-
             sions pass outside the person's property;

                    (2)    Malodorous air contaminants from the open burning are detectable
             outside  the  person's property;

                    (3)    The emissions interfere with the reasonable enjoyment of life
             or property;
                                              -28-

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       (4)   The emissions cause damage to vegetation or property;  or

       (5)   The emissions are or may be deleterious to human or animal
health.

  (c)  The requirements of subsections (a) and (b) of this section shall  not
apply where the open burning operations result from:

       (1)   Any fire set to prevent or abate a fire hazard, when approved
by the Department and when set by or under the supervision of a public
officer.

       (2)   Any fire set for the purpose of instructing personnel in fire
fighting, when approved by the Department.

       (3)   Any fire set for the prevention and control of disease or
pests, when approved by the Department.

       (4)   Any fire set for the purpose of burning domestic refuse, when
the fire is on the premises of any structure occupied solely as a dwelling
by two families or less and when such refuse results from the normal occu-
pancy of said structure.

       (5)   Any fire set solely for recreational or ceremonial purposes.

       (6)   Any fire set solely for cooking food.
                                  -29-

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                 FIGURE 1
    SULFUR OXIDES - SULFUR RECOVERY PLANTS
                                                      CD
                                                      O

                                                      O
                                                      I-H
                                                      f-
                                                      (X
                                                      II
                                              nils

                               O.
                               o
A = ALLOWABLE EMISSIONS, LBS.S02/LB.  S
                    •30-

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(4.0)
(2.0)
(4.0)
 (4.0)
         CHAPTER 131.    AMBIENT AIR QUALITY  STANDARDS



131.1   Purpose.

  The  purpose of this  Chapter is to:

       (1)   Establish the maximum concentrations  of air contaminants  that
shall  be permitted to  exist in the ambient air,  at the point of its  use,
under various conditions and in various areas of this  Commonwealth.

       (2)   Provide standards against which existing  air quality may  be
compared.

131.2   National  ambient air quality standards.

  National Ambient Air Quality Standards promulgated by the Administrator of
the United States Environmental Protection Agency pursuant to the provisions
of the Clean Air Act,  are hereby incorporated, by reference, as part of the
standards in 131.3 of this Title (relating to ambient  air quality standards).

131.3  Ambient air quality standards.

  The following standards shall apply  and unless otherwise stated, are maxi-
mum values that shall  not be exceeded:
                                                      Concentrations Averaged Over
              Contaminant

            Settled particulate
              (total)
            Lead
            Beryllium
            Sulfates (as H,SOJ
            Fluorides     *  *
              (total soluble,, as HF)
            Hydrogen sulfide
                              1-Year
                                 30-Days
24-Hours  1-Hour
                                   2               2
                          0.8 mg/cm /mo.   1.5 mg/cm /mo.
                                                3
                                          0.01  ug/m3
                                          10 ug/m3
                                               30  ug/m

                                                5  ug/m3
                                               O.OOSppm  0.1ppm
 (2.0)
131.4
ication of ambient air quality standards.
              The values specified in 131.2 and 131.3 of this Title (relating to ambient
            air quality standards) shall be considered as representing minimum quality,
            not necessarily desirable quality.   Nothing contained in this  Chapter shall
            be construed to preclude the Department from enforcing or applying any pro-
            vision of this Article in areas where the ambient air quality  is, or will  be,
            at concentrations less than those specified in 131.2 and 131.3 of this Title
            (relating to ambient air quality standards).
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(13.0)                *     CHAPTER 135.   REPORTING OF SOURCES


(1.0)        135.1  Definitions.

              The following word, when used in this Chapter, shall have the following
            meaning, unless the context clearly indicates otherwise:

                   Modification - Any alteration which will, or might reasonably be ex-
            pected to,  change the amount, effect or characteristics of the air contamin-
            ants discharged.

(2.0)        135.2  Applicability to sources.

              This Chapter applies to all sources except:

                   (1)    Any mobile source.

                   (2)    Any source that emits non-specific particulate matter only and
            for which the potential emission rate is less than 5 Ibs. per hour.

                   (3)    Any source that emits inert gases only, such as argon, carbon
            dioxide, helium, krypton, neon, nitrogen, oxygen, and xenon.

                   (4)    Any combustion unit rated at less than 2,500,000) $TU per hour
            of heat input.

                   (5)    Any source used in residential  premises designed to house four
            or less families.

                   (6)    Other sources and classes of sources determined to be of minor
            significance by the Department.

(13.0)       135.3  Reporting.

              (a)  Any  person who owns or operates a source, to which this Chapter ap-
            plies, shall submit to the Department a source report within 120 days after
            the receipt of a source reporting form, unless a time extension has been
            granted by  the Department.  Source reports shall be made on source report-
            ing forms and shall be complete.

              (b)  Any  person who has received a source  reporting form or any person
            who has reported a source to the Department  pursuant to the requirements of
            subsection  (a) of this section shall comply  with the requirements of sub-
            section (a) of this section within 90 days of the acquisition and operation
            of any additional source.
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(13.0)
  (c)  Any person who has reported a source to the Department pursuant to
the requirements of subsection (a) of this section, shall  report any modifi-
cation to, installation of any air cleaning device on, or permanent cessa-
tion in operations of said source within 90 days after the completion of
such modification or Installation or cessation;  reports concerning such
modification or installation shall contain sufficient pertinent information
to enable the Department to determine the effect on emissions of the modifi-
cation or installation.

135.4  Reporting forms and guides.

  A statement of guidelines, reporting forms and instructions shall be pub-
lished and made available by the Department.  The statement shall serve as
a basic manual of guidance for the reporting of information required by this
Chapter.
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(8.0)                     CHAPTER 137.   AIR POLLUTION EPISODES


(2.0)        137.1  Purpose.

               The purpose of this Chapter is to prevent the excessive build-up 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.

(9.0)        137.2  Monitoring facilities.

               The Department shall publish and make available information on the loca-
             tion of air quality monitoring facilities designated by the Department for
             the purposes of this Chapter.  Information on the sampling techniques em-
             ployed at these facilities shall also be published and made available.

(8.0)        137.3  Episode criteria.

               Conditions justifying the declaration of a Forecast shall  be deemed to
             exist whenever the Department determines that the meteorological conditions
             are such that the ambient air contaminant concentrations in any part of any
             air quality control region can be expected to substantially increase above
             normal levels.  Conditions justifying the declaration of an Alert, Warning
             or Emergency shall be deemed to exist whenever the Department determines
             that the concentration of ambient air contaminants in any part of any air
             quality control region 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 these determinations, the Department shall be
             guided by the following criteria:

                    (1)   Forecast level - A Forecast shall  be declared when the meteor-
             ological conditions are such that ambient air contaminant concentrations
             can be expected to substantially increase above normal levels.

                    (2)   Alert level  - An Alert should be declared when one of the follow-
             ing levels is reached at a designated air quality monitoring facility:
                              - 0.3 ppm,  6-hour average,  or
                          Particulate matter - 4 COHS,  6-hour average,  or
                          S02 and partlculate matter combined -  product of
                              S02 ppm, 24-hour average, and COHS,  24-hour average,
                              equal to 0.3,  or
                          N02 - 0.2 ppm,  24-hour average
             and meteorological conditions are such that  pollutant concentrations can  be
             expected to remain at the above levels for twelve (12)  or  more hours of in-
             crease unless control actions are taken.
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                   (3)   Warning level - A Warning should be declared when any one of
            the following levels is reached at a designated air quality monitoring fa-
            cility:         ,    ,
(8.0)
                 - 0.5 ppm, 6-hour average, or
             Particulate matter - 6 COHS, 6-hour average,  or
             S02 and parti cul ate matter combined - product of
                 S02 ppm, 24-hour average, and COHS, 24-hour average,
                 equal to 0.9, or
             CO •> 30 ppm, 8-hour average, or
             Oxidants - 0.25 ppm, 4-hour average, or
             N02 - 0.3 ppm, 24-hour average
and meteorological conditions are such that pollutant concentrations can be
expected to remain at the above levels for twelve (12) or  more hours or in-
crease unless control actions are taken.

       (4)   Emergency level - An Emergency should be declared when any one
of the following levels is reached at a designated air quality monitoring
facility:

             S02 - 0.6 ppm, 24-hour average, or
             Particulate matter - 7 COHS, 24-hour average, or
             S02 and particulate matter combined - product of
                 S02 ppm, 24-hour average, and COHS, 24-hour average,
                 equal to 1.4, or
             CO - 40 ppm, 8-hour average, or
             Oxid,ants - 0.35 ppm, 4-hour average, or
             N02 - 0.4 ppm, 24-hour average
and meteorological conditions are such that this condition can be expected to
continue for twelve (12) or more hours.

       (5)   Termination - Once declared, any level reached in accordance
with these criteria should remain in effect until the criteria for the Alert
level are no longer met and meteorological conditions are  such that pol-
lutant concentrations can be expected to decrease.

137.4  Stand-by plans.

  (a)  The provisions of this section shall apply to the following classes of
sources:

       (1)   Coal or oil-fired electric generating facilities.

       (2)   Coal or oil-fired steam generating facilities rated at more
than 100 million BTUs per hour of heat input.

       (3)   Manufacturing industries of the following classifications which
employ more than 20 employees at any one location:

             (i)   Primary and secondary metals industries.
             (ii)  Petroleum refining and related industries.
             (iii) Chemical and allied products industries.
             (iv)  Paper and allied products industries.
             (v)   Glass, clay and concrete products industries.
                                              -35-

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                   (4)   Municipal and commercial refuse disposal and salvage operations
           other than  incinerators rated at less than 1,000 pounds per hour of refuse.

                   (5)   Other sources determined to be of significance by the Depart-
           ment,   the  persons responsible for these sources shall be so advised by the
           Department.

              (b)   Any  person responsible for the operation of a source shall prepare
           stand-by plans for reducing the emission of air contaminants from that source
           during  Alert, Warning, and Emergency levels.  The plans shall be designed to
           reduce  or eliminate the emissions of air contaminants in accordance with the
           objectives  set forth in Tables 1,2, 3 and 4 appended to this Chapter.  The
           plans shall be in writing on forms published and distributed by the Depart-
           ment and shall identify the approximate amount of reduction of various air
           contaminants and a description of the manner in which the reductions will be
           achieved.

              (c)   Stand-by plans for sources located 1n air basins shall be submitted to
           the Department within 240 days from the effective date of this Chapter or
           within  a time period specified by the Department in an order.  Stand-by plans
           for sources subject to the provisions of 127.11 of this Title (relating to
           requirements for plan approval) shall be submitted to the Department in ac-
           cordance with 127.12 (a) (7) of this Title (relating to contents of appli-
           cation  for  plan approval).

              (d)   Stand-by plans for sources not subject to the provisions of subsection
           (c) of  this section shall be submitted to the Department within a time period
           specified by the Department in an order.

              (e)   If the Department determines that a stand-by plan does not provide for
           effectively achieving the objectives set forth in Tables 1, 2, 3 and 4, the
           Department may disapprove the plan, state its reasons for such disapproval and
           either  order the preparation of an amended plan within a time period specified
           in the  order or issue, by order, a plan to replace the disapproved plan.

              (f)   The Department may amend or otherwise change any stand-by plan if it
           determines that good cause exists for such action.  Any such amendment or
           change  shall be in writing and shall be accompanied by a notice of sufficient
           cause for the action.

              (g)   During a Forecast, Alert, Warning or Emergency level, the stand-by
           plan shall be made available by the person responsible for the source to any
           employee of the Department on the premises of the source.

(2.0)       137.5   Implementation of emission reduction procedures.

              (a)   When the Department declares that a Forecast, Alert, Warning or Emer-
           gency level exists in any area of the Commonwealth, the person responsible
           for the operation of a source whose emissions may affect air quality in such
           area shall implement the stand-by plan required by 137.4 of this Title (re-
           lating  to requirements for stand-by plans) for that source.
                                             -36-

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  (b)  Any person responsible for the operation of a source not required to
prepare a stand-by plan in accordance with the provision of 137.4 of this
Title (rotating to requirements for stand-by plans) shall, when the Depart-
ment declares that a Forecast, Alert, Warning or Emergency level exists in
an area of the Commonwealth in which such source is locateds implement
applicable emission reduction procedures in accordance with the objectives
of Tables 1, 2, 3 and 4.

                 TABLE 1 - FORECAST LEVEL ACTIONS

  Prepare for the implementation of stand-by plans for an Alert.

                  TABLE 2 - ALERT LEVEL ACTIONS

                   Part A.  General requirements

  1.   No open burning of any material.
  2.   Limit incineration to the hours between 12 n. and 4 p.m.
  3.   Limit soot blowing and boiler lancing of combustion units to the
       hours between :12 n. and 4 p.m.
  4.   Substantially reduce the emissions of air contaminants by reduction
       of operating levels.
  5.   Substantially reduce space heating and cooling requirements.
  6.   Reduce to a minimum the emissions of air contaminants from sources
       which are not in compliance with the emission limitations set forth
       in this Article and from sources operating under a temporary variance
       'granted by the Department.
  7.   Defer or postpone operations that can be deferred or postponed.
  8.   Reduce use of electricity.
  9.   Eliminate unnecessary operations of motor vehicles.
 10.   Prepare for the implementation of stand-by plans for a Warning.

  Sources listed below shall take the indicated control actions in addition
to taking the actions listed in Part A of this Table.

               Source                                Control Actions

1.  Thermal electric generating facilities  a.  Switching to low ash and low
                                                sulfur fuel.
                                            b.  Maximum shifting of load from
                                                old (high polluting) units to
                                                hew (low polluting) units.
                                            c.  Maximum shifting of load to
                                                facilities outside the Alert
                                                area.

2.  Industrial boilers                          Switching to low ash and low
                                                sulfur fuel.

3.  Blast furnaces                              Substantial reduction of pro-
                                                duction.
                                   -37-

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         .Source

4.  Coke ovens
5.  Sinter plants
6.  Steel making furnaces
7.  Slag quenching
         Control Actions

    Substantial increase of coking
    time.

a.  Substantial reduction of pro-
    duction.
b.  Switching to low sulfur ore,
    coal and coke.

a.  Substantial reduction of pro-
    duction.
b.  Substantial reduction of oxy-
    gen usage.
c.  Switching to low sulfur fuel.

    Cease operations.
                   TABLE 3 - WARNING LEVEL ACTIONS

                    Part A.  General requirements
1.  Continue all control actions taken for Alert level.
2.  Cease incineration of any solid or liquid waste.
3.  Reduce to a minimum the emissions of air contaminants by ceasing, curtail-
    ing, postponing or deferring all operations to the extent possible with-
    out causing injury to persons or damage to equipment.
4,  Reduce to a minimum space heating and cooling requirements.
5.  Reduce to a minimum the use of electricity.
6.  Use car pools and public transportation for necessary travel.
7,  Prepare for the implementation of stand-by plans for an Emergency.

             Part B.  Requirements for specific sources

  Sources listed below shall take the Indicated control actions in addition
to taking the actions listed in Part A of this Table.
         Source
1.  Thermal electric generating facilities
2.  Blast furnaces
3.  Coke ovens
         Control  Actions
    Substantially reduce power
    supplies to users outside the
    Warning area.

    Maximum reduction of product-
    ion.

    Cease charging and pushing to
    the extent possible without
    causing damage to equipment;
    in the event that ovens must  be
    pushed and charged to generate
    enough gas for underfiring, use
    the ovens in best repair with
    respect to the emission of air
    contaminants.
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4.  Sinter plants                                Cease production,
5.  Steel making furnaces                        Cease production to the ex-
                                                 tent possible without caus-
                                                 ing damage to equipment.
6.  Mines and quarries                           Maximum reduction of opera-
                                                 tions without causing damage
                                                 to equipment.
                TABLE 4 - EMERGENCY LEVEL ACTIONS
                  Part A.  General requirements
1.  Continue all control actions taken for Warning level.
2.  At all places of employment, immediately cease operations to the extent
    possible without causing injury to persons or damage to equipment except
    that the following establishments may remain in operation:
    (a)  Commercial establishments engaged in selling or distributing food or
         medical and surgical supplies.
    (b)  Those governmental and semi-governmental offices determined by the
         head of the respective governments or of the respective semi-govern-
         mental agencies to be vital for public safety or welfare or for the
         enforcement of the provisions of this Article.
    (c)  Those engaged in rendering medical or surgical services.
3.  Cease operations of motor vehicles except in emergencies, when approved by
    police officials.
           Part B.  Requirements for specific sources
  Sources listed below shall take the Indicated control actions in addition to
taking the actions listed 1n Part A of this Table
               Source                                 Control Action
     Thermal electric generating facilities      Maximum reduction of power
                                                 supplies to users outside
                                                 the Emergency area.
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(9.0)                       CHAPTER 139.   SAMPLING AND TESTING

                                         GENERAL

(9.0)       139.1  Sampling facilities.

              Upon the request of the Department, the person responsible for a source
            shall provide adequate sampling ports, safe sampling platforms and adequate
            utilities for the performance by the Department of tests on such sources.
            The Department shall set forth, in the request, the time period within which
            the facilities shall be provided as well as the specifications for the said
            facilities.

(9.0)       139.2  Sampling by others.

              Sampling and testing done by persons other than the Department may be ac-
            cepted by the Department provided that:

                   (1)  The Department has been given reasonable notice of the sampling
            and testing and has been given reasonable opportunity to observe and partici-
            pate in the sampling and testing.

                   (2)  The sampling and testing is conducted under the direct super-
            vision of persons qualified, by training and experience, to conduct such
            sampling and testing.

                   (3)  Procedures for the sampling and testing are in accord with the
            provisions of this Chapter.

                   (4)  The reports of the sampling and testing are accurate and compre-
            hensive.

(2.0)       139.3  General  requirements.

              (a)  The Department shall use the methods set forth in this  Chapter to
            assess emissions from stationary sources or ambient levels of  air contami-
            nants.

              (b)  The Department shall publish a supplement to this Chapter containing
            detailed information on source test methods and procedures and indicating
            the information that should be contained in a report of emissions.

              (c)  The performance standards for stationary sources set forth in this
            Chapter permit freedom 1n ,the selection of equipment and consistency in ob-
            taining accurate results which are representative of the conditions under
            which a source is evaluated.

              (d)  The sampling and analytical  procedures employed to measure ambient
            levels of air contaminants shall  be consistent with obtaining  accurate re-
            sults which are representative of the conditions being evaluated.
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j     (2.0)       139.4  References.

i                  The following are references referred to in this Chapter:
i
•                  (1)  "Standards of Performance for New Stationary Sources," Federal  Register,
i                Part II, Volume 36, No. 247, pp. 24876 - 24895, December 23, 1971, Washington,
j                D.C.
i
\                  (2)  Devorkin, H., et al.  "Air Pollution Source Testing Manual," Los
j                Angeles Air Pollution Control District, Second Printing, November 1965.

j                  (3)  "Standard Method for Sampling Stacks for Particulate Matter," American
{                Society for Testing Materials, D 2928 - 71, 1916 Race Street, Philadelphia,
:                Pennsylvania.
i
i                  (4)  Jacobs, M. D. et al., "Ultramicrodetermination of Sulfides in Air,"
j                Anal. Chem., 29:1349 (1957).

                  (5)  "Air Sampling Instruments." 2nd. ed., American Conference of Govern-
•                mental Industrial Hygienists, 1014 Broadway, Cincinnati 2S Ohio, 1962, pp.
I                B-3-12-B-3-14.

!                  (6)  "Recommended Standard Method for Continuing Dust Fall Survey (APM-1,
1                Revision 1)9" TR-2 Air Pollution Measurements Committee,  J. Air Poll. Control
1                Assoc.,- 16:372 (1966).
!
                  (7)  "Air Pollution Measurements of the National Air Sampling Network:
\                Analyses of Suspended Partlculates 1957 - 1961," Public Health Service Pub.
!                No. 978, Washington, D.C., 1962.
I
!                  (8)  Interbranch Chemical Advisory Committee, "Selected Methods for the
                Measurement of Air Pollutants," PHS Pub. No. 999-AP-ll, Cincinnati, Ohio, 1965,
                p. 1-1.

                  (9)  "Standard Method of Test for Inorganic Fluoride in the Atmosphere,"
                ASTM Standards on Methods of Atmospheric Sampling and Analyses, Philadelphia,
:                Pennsylvania, 19629 p.67.

                                        STATIONARY SOURCES

     (2.0)       139.11  General requirements.
i
                  The following are applicable to source tests for determining emissions  from
1               stationary sources:

                  (1)  All performance tests shall be conducted while the source is operating
                at maximum routine operating conditions or under such other conditions, within
                the capacity of the equipment, as may be requested by the Department.
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              (2)   The Department shall  consider for approval  test results  where suffi-
            cient  information is  provided to verify the source conditions existing at
            the time of the test  and where adequate data is  available to show the manner
            in which the test was conducted.  Information submitted to the  Department
            shall  include,  as a minimum:

                   (i)   A thorough source description, including a description of any
            air cleaning devices  and the flue.

                   (ii)  Process conditions,  e.g., charging rate  of raw materials  or
            rate of production of final  product,  boiler pressure,  oven temperature  and
            other  conditions which may affect  emissions from the process.

                   (iii) The location of the  sampling  ports.

                   (iv)  Effluent characteristics, including  velocity, temperature,
            moisture content, gas density (%CO,  003,  03 and  N2), static and barometric
            pressures.

                   (v)   Sample  collection techniques  employed, including  procedures
            used,  equipment descriptions  and data to  verify  that isokinetic sampling
            for particulate matter collection  occurred  and that acceptable  test  condi-
            tions  were met.

                   (vi)  Laboratory procedures  and results.

                   (vii) Calculated results.

(50.1)       139.12 Emissions of particulate matter.

              The  following are applicable to  tests for determining emissions  of partic-
            ulate  matter from the stationary sources:

              (1)   Test methods for particulate  emissions  shall include both  dry fil-
            ter(s) and wet  impingers and  provide  for  at least  a 95% collection effi-
            ciency of particulate matter.

              (2)   Isokinetic sampling procedures shall  be used in sampling for  partic-
            ulate  matter emissions and the weights  of all  soluble  and  insoluble  partic-
            ulate  determined gravimetrically after removal of  uncombined water.

              (3)   Test methods and procedures shall  be equivalent to  or modified to
            produce results  equivalent to those which would  be obtained by  employing  the
            procedures specified  in 139.4 (1)  and (2) of this  Title (relating  to  refer-
            ences).   The equipment shall  be inert where appropriate and similar  to  that
            specified in 139.4 (1) - (3)  of this  Title  (relating to references).

              (4)   The minimum sampling time shall  be one  hour and the minimum sample
            volume shall  be 50 cubic feet corrected to  standard conditions  (dry  basis).

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(50.2)
(50.3)
(50.0)
             (5)  Results shall  be reported as  pounds  of particulate  matter per hour and
           1n accordance with units specified 1n 123.11  - 123.13 and  129.12 of this  Title
           (relating to standards for contaminants  and sources).
and N02.
139.13  Emissions of S02> I

  The following are applicable to tests for determining emissions of S02,  H2S
and N02 from stationary sources:

 ,0)  Test methods for S02, H2$  and N0? shall  provide for at least 95% col-
lection efficiency of oxides of sulfur, hydrogen sulfide and oxides of nitro-
gen, respectively.

  (2)  Sample collection for S02  shall  be at a  rate proportional  to the stack
gas velocity and the weight of oxides of sulfur shall  be determined gravir
metrically.

  (3)  Test mathods and procedures for SO? shall be equivalent to or modified
to produce results equivalent to  those which would be  obtained by employing
the procedures specified 1n 139.4 (2) of this Title (relating to  references).
The equipment shall be Inert where appropriate  and similar to that specified
1n 139.4 (2) of this Title.

  (4)  Sample colletion for H?S shall be at a rate proportional to the stack
gas velocity and the weight of hydrogen sulfide shall  be determined colori-
metrically.

  (5)  Test methods and procedures for H2S shall be equivalent to or modified
to produce results equivalent to  those which would be  obtained by employing
the procedures specified In 139.4 (4) of this Title (relating to  references).
The equipment shall be inert where appropriate  and similar to that specified
in 139.4 (2) of this Title (relating to references).

  (6)  For determining emissions  of SO? and H2SS the minimum sampling time
shall be one hour and the minimum sample volume shall  be 30 cubic feet cor-
rected to standard conditions (dry basis).

  (7)  Test mathods and procedures and equipment for N02 shall be similar to
those specified in 139,4 (1) of this Title (relating to references).

  (8)  Results shall be reported  as pounds per hour of SOX as S02 pounds per
hour of H2S, or pounds per hour of NOx as N02 and in accordance with units
specified in 123.21 - 123.23.24 and 129.11 - 129.13 of this Title (relating
to standards for contaminants and sources).

139.14  Emissions of other air contaminants.

  Test methods and procedures may be modified for determining emissions of con-
taminants other than partlculate  matter, S0?s H2S and  N02 from stationary
sources in any manner consistent  with accepted  air pollution testing practices
and with obtaining accurate results which are representative of the conditions
evaluated.  Such modifications shall be subject to the approval of the Depart-
ment and shall be clearly Indicated in the report of test results.
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j                                   FUGITIVE PARTICULATE MATTER

|    (50.1)      139.21  Emissions of fugitive particulate matter.

]                  The following are applicable to tests for determining fugitive particulate
!                matter emissions:

                  (1)  Test methods and procedures and equipment for fugitive particulate
]                matter shall be equivalent to those specified in 139.4 (5) of this Title (re-
i                latlng to references).

I                  (2)  The concentration of particulate matter shall be determined by counting
'.                and the results shall be reported 1n accordance with the requirements of 123.2
                of this Title (relating to standards for contaminants).

                  (3)  Samples to determine background fugitive particulate matter concen-
                trations shall be taken upwind of the source(s).

                                 AMBIENT LEVELS OF AIR CONTAMINANTS

;    (2.0)       139.31  General.

i                  The provisions of 139.32 and 139.33 of this Title (relating to sampling and
;                analytical procedures) are applicable to methods for determining ambient
                levels of air contaminants.
i

    (9.0)       139.32  Sampling and analytical procedures.

                  (a)  The following sampling and analytical techniques may be used directly
                or employed as reference standards against which other methods maybe cali-
                brated:

;                  Contaminant                 Sampling Method             Analytical Method

                Settled particulates (total)  Open top cylinder (6)       Gravimetric (6)
                Lead                          High-volume filtration (7)  Spectrographic (7)
                Beryllium                     High-volume filtration (7)  Spectrographic (7)
                Sulfates (as H2S04)           High-volume filtration (7)  Turbidimetric (8)
                Fluorides (total soluble,     Filtration plus gas         Thorium-alizarin
                  as HF)                        absorption (9)              lake titration (9)
                Hydrogen sulfide              Gas absorption (4)          Methylene blue
                                                                            method (4)

                  (b)  The numbers following the reference standards in subsection (a) of
                this section refer to references contained in 139.4 of this Title (relating to
                references).

      (2.0)      139.33  Incorporation of federal procedures.

                  Sampling and analytical procedures promulgated by the Administrator of the
                United States Environmental Protection Agency pursuant to the provisions of
                the Clean A1r Act are hereby Incorporated, by reference, as part of the tech-
                niques listed In 139.32 (a) of this Title (relating to sampling and ana-
                lytical procedures).


                                                   -44-

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(5.0)                CHAPTER 141.  VARIANCES AND ALTERNATE STANDARDS

                                         Authority

                                         GENERAL

(2.o)       141.1  Imposing alternate standards authorized.

              The Department may by order.impose standards more stringent than those set
            forth in this Article for any source or class of sources, upon the petition
            of any person or upon its own motion, where:

              (1)  Such alternate standard is reasonable related to the attainment of any
            ambient air quality standard contained in this Article within the time limits
            required by the Clean Air Act for the attainment of such ambient air standard,
            or is reasonably related to the maintenance of any such ambient air standard.

              (2)  Such alternate standard can be attained through the proper use of best
            available technology;  or,

              (3)  Such alternate standard is necessary to protect the public health,
            safety or welfare.

(5.0)       141.2  Granting temporary variances authorized.

              (a)  The Department may grant a temporary variance from any standard or
            requirement set forth in this Article upon the petition of the owner or opera-
            tor of the air contamination source for which such a variance is sought.

              (b)  The Department shall grant any petition for a temporary variance, in
            whole or in part,, upon a review of the petition and accompanying material, and
            upon any additional investigations which the Department may conduct, provided
            the Department finds that:

                   (1)    Such action will not prevent or interfere with attainment or
            maintenance of any ambient air quality standard contained in this Article,
            within the tima prescribed for the attainment of such ambient air quality
            standard by the Clean Air Act,

                   (2)    The quantity and level of emissions from the source at the ex-
            piration of the temporary variance are likely to comply with the applicable
            standards of this Article;

                   (3)    Such action is reasonable, considering the toxicity and other
            effects of such emissions on the public health, safety and welfare, the mete-
            orological factors affecting the dispersion of the emissions, the land use
            characteristics of the areas affected by the emissions, efforts taken by the
            petitioner to comply with, those orders and regulations of the Department that
            were in effect prior to the effective date of this Chapter and that are re-
            lated to those contaminants which are the subject of the petition, the status
            of compliance of the petitioner, and any other relevant factors.
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(5.0)       141.3  Conditions of variances.

              A temporary variance may be granted upon such reasonable terms  and condi-
            tions as the Department may specify,  including, but not limited to,  the fol-
            lowing:

              (1)  The gradual  reduction of  emissions  during the variance  period;

              (2)  The reduction, cut back or alteration of operations giving rise to  the
            emissions for which the variance is sought;

              (3)  The development of new air pollution control technology;

              (4)  The submission of periodic progress reports  of the steps taken in
            reduce emissions;  and

              (5)  The sampling of emissions and  the monitoring and recording of the emis-
            sions and any operating conditions that may affect  the emissions, at such
            locations, at such intervals of  time  and in accordance with such  methods and
            procedures as the Department may prescribe, and the submission of the results
            thereof to the Department.

(5.0)       141.4  Period of variance.

              (a)  Any temporary variance granted pursuant to this Chapter shall  be
            granted for a period of time not to exceed three (3)  years, and may  be re-
            newed for only one (1) additional  period of time not to exceed the period  of
            time for which the variance was  originally granted  or two (2)  years,  which-
            ever is  shorter.

              (b)  A petition for the renewal  of  a temporary variance shall be submitted
            to the Department at least sixty (60) days prior to the expiration of the
            period for which  the variance was  originally granted, and shall comply with
            the requirements  of 141.11 of this Title (relating  to filing petitions for
            variances).

(2.0)       141.5  Stay of prosecution.

              (a)  A petition which complies with the  requirements of 141.11  of  this
            Title (relating to filing petitions for variances), and which  is  received  by
            the Department within 6 months of the effective date of this Chapter, shall
            operate  prospectively as an automatic stay of prosecution for  violations of
            those provisions  of this Article with respect to which the variance  is sought,
            until one year after the effective date of this Chapter or until  the Depart-
            ment takes action on such petition, whichever occurs  first, except that the
            filing of a petition for a variance,  or the grant thereof, shall  not relieve
            the petitioner from full compliance with any orders and permits heretofore
            issued or any stipulations and agreements  heretofore  entered into by the De-
            partment, nor shall  such filing  in any way preclude the Department from pur-
            suing any and all  remedies available  to it, at law  or in equity,  to  enforce
            such orders,  permits, stipulations or agreements.
                                              -46-

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               (b)  The filing of a petition for a renewal or extension of.any existing
            variance shall in no case operate as a stay of prosecution and if the Depart-
            ment fails to act on any such petition before the expiration of the original
            variance period, then such petition shall be deemed denied in its entirety.

(5.0)       141.6  Revocation and modification of variance.

            .   The Department may, for good cause, revoke, modify, amend or change„ in
            whole or in part, any variance granted pursuant to this Chapter.  Without
            intending to limit the generality of the immediately preceding sentence, the
            failure to perform, within the time specified for such performance, any con-
            dition or requirement attached to the grant of a variance, shall constitute
            sufficient cause to revoke such variance.

(8.0)       141.7  A1r pollution episodes.

               The provisions of this Chapter shall not be construed to prevent or limit
            the application of the provisions of Chapter 137 of this Title (relating to
            air pollution episodes).

                                   PETITION FOR VARIANCE '

(13.0)      141.11  Filing.

               (a)  Unless provided otherwise by the Department, an original and two con-
            formed copies of each petition for variance shall be filed with the Department.

               (b)  The petition shall include or be accompanied by the following informa-
            tion:

                   (1)    The name, address and telephone number of the petitioner and any
            other person authorized to receive notices.

                   (2)    The type and location of the operations giving rise to the emis-
            sions for which a temporary variance is sought, including a description of the
            process or activity giving rise to such emissions.

                   (3)    The quantity and nature of such emissions.

                   (4)    Each provision of this Article from which a temporary variance
            is sought.

                   (5)    A detailed plan setting forth all steps the petitioner proposes
            to take to reduce such emissions to a level permitted by this Article, in-
            cluding a schedule indicating the dates upon which each intermediate step shall
            be completed and the date upon which full cpmpliance with the standards and
            requirements of this Article shall be achieved.

                   (6)    The reasons why the petitioner feels full compliance with the
            standards and requirements of this Article cannot be attained at any time
            prior to the date of full compliance set forth 1n petitioner's plan.
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                  (7)    Any and all other Information and data which the Department may
           reasonably require.

(13.0)      141.12  Notice of filing.

             (a)  Any person filing a petition with the Department pursuant to 141.11 of
           this Title (relating to filing petitions for variances), which seeks a vari-
           ance for a period in excess of eighteen (18) months from the date such petition
           is received by the Department, or a petition for the renewal or extension of a
           variance, shall advertise notice of the filing of the petition on at least
           three separate days in a prominent place and size in one newspaper of general
           circulation in the county in which the source for which the variance is sought
           is located.

             (b)  The advertisement required by subsection (a) of this section shall be
           completed within one week of the filing of the petition, and proof of said
           publication shall be filed with the Department within one week thereafter.
           No petition shall be entertained by the Department in the event of failure by
           petitioner to submit such proof of publication within the required time.

             (c)  In appropriate cases, the Department shall  publish notice of the filing
           of applications in the Pennsylvania Bulletin,

(2.0)      141.13  Contents of notice.

             The advertisement of notice of filing required by 141.12 of this Title (re-
           lating to notice of filing petitions for variances) shall include the follow-
           ing:

             |1)  Name and address of petitioner.
             (2)  Location and name of the plant or facility at which the source is loca-
           ted.
             (3)  A brief description of the source for which the variance is sought.
             (4)  The specific regulation from which the variance is sought.
             (5)  A brief statement of the reasons why a variance, as petitioned for, is
           necessary.                                   '
             (6)  A statement that any person may oppose the petition for the variance
           by filing a written protest with the Department of Environmental  Resources,
           Bureau of Air Quality and Noise Control, Division of Abatement and Compliance,
           Room 907 Health and Welfare Building, Harrisburg,  Pennsylvania 17105.

                                        PROTESTS

(13.0)      141.21  Filing.

             A protest to a petition for a variance shall  be  filed with the Department in
           duplicated within 30 days of the last day that notice of the filing of such
           petition was advertised pursuant to 141.12 of this Title (relating to  notice
           of filing petitions for variances).
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(2.0}       141.22  Form.

              Each protest shall  include the  following:

              (1)   Nama,  address  and telephone number of the  person  filing  such  protest.
              (2)   Identification of the petition  being  opposed.
              (3)   Concise statement of the objections to the petition.
              (4)   Concise statement of the relevant facts upon which  the objections  are
            based.
              (5)   Name and date  of publication alerting such person of  the filing  of the
            petition.

(2.0)       141.23  Consideration of protest.

              (a)   A protest is intended solely to alert the  Department  to  the fact and
            nature of the objection of the protestant to the  petition.

              (b)   The Department shall  not be required  to consider  protests filed  subse-
            quent  to the  time designated in 141.21  of this Title  (relating  to filing  of
            protests), but it may consider them if filed prior to action on the  petition.

              (c)   It shall not be necessary  for the Department to respond  to any protest
            filed.

                                 CONFERENCES  AND HEARINGS

(16.0)      141,31  When  held.

              Prior to taking action on any petition for a variance, the Department may,
            in its discretion,  hold a fact finding conference or  hearing at which the
            petitioner and any person who has  properly filed  a protest pursuant  to  141.21
            of this Title (relating to filing of protests) may appear  and give testimony.
            provided,  however,  that in no event shall  the Department be  required to hold
            such a conference or  hearing.

(16.0)      141.32  Location.

              Conferences and hearings shall  be held at  such  location  as shall be most
            convenient to the participants and, if suitable,  shall be  held  in an office
            of the Departmant.

(16.0)      141.33  Notice.

              The  petitioner,1 protestants and  other participants  shall be notified  of the
            time,  place and purpose of a conference or hearing in writing or by  publica-
            tion in a  newspaper or the Pennsylvania Bulletin  except  where the Department
            determines that notification by telephone shall be sufficient.
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I    (16.0)       141.34   Procedure.

I                   (a)  All  conferences arid hearings shall be conducted by a presiding officer.

?                   (b)  Except where  provided otherwise  in the notice or by the presiding of-
j                 ficer, all  conferences and hearings shall be conducted in an  informal manner
I                 and  the  rules of  evidence shall not be  applicable.

I                   (c)  When provided in  the notice, each participant may be required to pre-
*                 sent a written  statement, together with any exhibits required, at the confer-
j                 ence or  hearing for  the  use of the participants.  Persons unable to attend the
5                 conference  or hearing may submit three  copies of a written statement and ex-
!                 hibits within five (5) days thereafter.

                   (d)  At any such conference or hearing, any participant, at his or her own
,                 cost, shall  have  the right to have the  proceedings recorded verbatim by a
                 stenographer, tape recorder or other means.

;    (13.0)       141.35   Record.

                   (a)  Following  the conference or hearing, the presiding officer shall pre-
                 pare a summary  which shall contain the  following:

:                       (1)    Identification of the petition and nature and location of the
                 project  or  activity  to be approved.
i
I                       (2)    Names  and  addresses of each participant and whom they represent.

                       (3)    Substance  of opening and closing statement by presiding officer.

                       (4)    Substance  of the matters discussed or testified to and any
                 agreements  entered into  by any of the participants.

                       (5)    Such other relevant matters to Inform the Department of the re-
                 sults of the conference  or hearing.

                   (b)  A copy of  the summary shall be submitted upon request  to each partici-
;                 pant in  the proceeding.  Copies of the summary together with  any transcript
                 of the proceedings,  written statements, exhibits and protests shall also be
                 placed in the file in the appropriate office or offices in the Department for
;                 review by the Department prior to taking action on the petition.

                                       ACTIONS AND APPEALS

'      (2.0)       141.41   General

                  After  reviewing the petition and any protests or record of  any conference
                 or hearing  held,  the Department shall take such action as shall be authorized
                 by 141.2 -  141.4  of  this Title (relating to granting of variances).
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(2.0)        141.42  Form of action.

              (a)  The action of the Department on any petition for variance from the re-
            quirements of this Article shall  be contained in a written order or notice
            directed to the petitioner.

              (b)  The order or notice shall  contain or be accompanied by a written state-
            ment as to any appeal procedures  that may be available to any person who may
            be affected by such action and shall designate the office where appeals shall
            be filed.

(2.0)        141.43  Notice of action..

              (a)  Orders and notices granting a petition for variance, in whole or in
            part, shall be served, upon the petitioner and each protestant who has com-
            plied with 141.21 and 141.22 of this Title (relating to filing of protests),
            personally or by mailing a copy to the address set forth in the petition or
            protest.

              (b)  The Department may also publish notice of its action in a newspaper of
            general circulation in the county where the source for which a variance was
            sought is located or in the Pennsylvania Bulletin which shall be deemed notice
            to any person except a petitioner or protestant.  Such notice shall be ef-
            fective as of the date of publication of such notice.

(2.0)        141.44  Appeals.
                  action taken by the Department on any petition for a variance filed pur-
            suant to this Chapter may be appealed to the Environmental Hearing Board by
            the petitioner, by any protestant or by any other aggrieved person without re-
            gard to the nature of such person's interest in the action.  All  such appeals
            shall be governed by the provisions of Chapter 21 of this Title (relating to
            rules of practice and procedure).
                                               -51-

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    CITY OF PHILADELPHIA
 AIR MANAGEMENT REGULATIONS
           OF THE
AIR POLLUTION CONTROL BOARD
             -52-

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                           REGULATIONS OF THE AIR  POLLUTION  CONTROL  BOARD
                                 CITY OF PHILADELPHIA,  PENNSYLVANIA
             These regulations  are  adopted  pursuant  to  Section  5-302 of  the  Philadelphia
        Home Rule Charter,  which  reads  as follows:

             "The Air Pollution Control  Board  shall  advise  the  Department of Public
        Health and the Board  of Health  on all  matters pertaining  to the  control of air
        pollution and shall make  reasonable regulations,  not contrary  to a statute or
        ordinance or to the regulations of  the Board of Health."

             These regulations  are  also adopted pursuant  to Title 3, Air Management
        Code, of the Philadelphia Code,  specifically, Section 3-302, which reads  in part
        as  follows:

             "The Air Pollution Control  Board  shall  have  the following powers and du-
        ties:

             (1) To  promulgate  regulations, implementing  this Title, preventing degrad-
                 ation of air quality,  preventing air pollution,  eliminating air  pol-
                 lution nuisances and limiting, controlling, or prohibiting  the emis-
                 sion of air  contaminants to the atmosphere from  any sources ..." and

             (2) To  promulgate  regulations  to  establish' objectives for the quality of
                 community  air, to  establish areas where  objectives are  applicable, and
                 limiting,  prohibiting  or otherwise  controlling emissions to achieve
                 this quality of  air ..."

(2.0)                                       REGULATION I

                                        GENERAL PROVISIONS

(1.0)    Section I -  Definitions

             A.  The following  definitions  are in the Air Management Code and apply to
                 the regulations:

                 (1)  Aerosol - A dispersion or suspension  of small solid or liquid
                      particles or  any  combination thereof  in the air  or other gaseous
                      medium.

                 (2)  Ashes - The residue from combustion,  including cinders, flyash or
                      any other solid material  resulting  from combustion, as well as
                      partially combusted materials  and unburned  combustibles.
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(3)   A1r Contaminant -  Any smoke,  soot,  flyash,  dust,  cinders, dirt,
     noxious or obnoxious  acids, fumes,  oxides,  gases, mists, aero-
     sols,  vapors,  odors,  toxic or radioactive substances, waste,
     participate,  solid, liquid or gaseous matter, or  any other mate-
     rials  in the  outdoor  atmosphere.

(4)   Air Pollution  - The presence  in the atmosphere of one or more
     air contaminants or combinations  thereof in such  quantities and
     of such duration that they are or may tend  to be  injurious to
     human, plant,  or animal  life, or  property,  of that  interfere
     with the comfortable  enjoyment of life or property  or the conduct
     of business or other  human activities. (

(5)   Air Pollution  Nuisance - The  emission or discharge  of one or
     more air contaminants to the  atmosphere meeting one or more of
     the following  criteria:

     (a) In excess of  emission standards promulgated  by the Air Pol-
         lution Control Board;

     (b) In such  quantity and of  such duration  that they do or may
         tend to:

         1.  Interfere with  health, repose, or  safety;

         2.  Cause severe annoyance or  discomfort;

         3.  Lessen food  or  water intake;

         4.  Produce irritation of the  upper respiratory tract;

         5.  Produce symptoms of  nausea;

         6.  Be offensive, or objectionable, or both, to persons
              because of inherent  chemical or physical properties;

         7.  Be detrimental  or harmful  to health, comfort, recre-
              ation, living conditions,  welfare, or safety;

         8.  Cause injury or damage to  real or  personal property
              of any kind;

         9.  Or interfere with the conduct of industry, commerce,
              or transportation.

(6)   Board  - means  the  Air Pollution Control Board.

(7)   Cinders - Particles consisting of fused ash or unburned matter.
                             -54-

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 (8)  Carbon Dioxide (CO?) - A colorless,  odorless gas at standard con-
      ditions which has the molecular formula
 (9)  Commercial Fuel  - Liquid or gaseous fuel  normally produced,  manu-
      factured, used,  or sold for the purpose of creating useful  heat.

(10)  Condensed Fumes  - Minute solid particles  generated by the conden-
      sation of vapors from solid matter after volatilization from the
      molten state, or generated by sublimation, distillation, calcin-
      ations or chemical reaction when these processes create airborne
      particles.

(11)  Department - The Department of Public Health,  Health Commissioner
      or any authorized representative thereof.

(12)  Dust = Solid particles projected into the air  and capable of
      temporary suspension therein.

(13)  Flyash - Partlculate matter capable of being gasborne or airborne
      and consisting essentially of fused ash and/or burned or unburned
      material.

(14)  Fuel - Any combustible matter.

(15)  Fuel Burning Equipment - Any device, machine,  mechanism or struc-
      ture used in the process of burning fuel  for indirect heating.

(16)  Fuel ^archant -  Any person who stores, offers  for sale or sells
      commercial fuel  1n retail  or wholesale trade,  excluding agents,
      brokers, wholesalers, distributors or producers who sell  com-
      mercial fuel for use in single steam and/or electric power gen-
      erating facilities having rated hourly capacities that equal  or
      exceed two hundred (200) million BTU gross heat input, or in  a
      group of steam and/or electric power generating facilities at
      one location having a combined rated capacity  which equals or
      exceeds four hundred and fifty (450) million BTU gross heat  in-
      put.

(17)  Fuel Oil - A liquid or liquefiable petroleum product burned  for
      lighting or for  the generation of heat or power and derived di-
      rectly or indirectly from crude oil.

(18)  Househol d Appl 1 ances - Any electric or gas operated device, com-
      monly used in a  dwelling,  other than incinerators,  heating sys-
      tems, or hot water heating systems.
                             -55-

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(19)   Incinerators  - All  devices,  Including  but not limited  to  cremato-
      ries,  Intended or used for the destruction of garbage  or  other
      combustible materials by means of burning, or for the  salvage  of
      materials by  means of burning of extraneous materials.

(20)   Installation. Equipment or Devices - Any assembly or elements  or
      components the operation of which does or may directly or indi-
      rectly affect the emission of air contaminants to the  atmosphere.

(21)   Minor  Repairs and Alterations - Repair or alteration of any  part
      of any existing installation, equipment, or device which  does
      not materially alter the quantity or character of discharge  or
      emission into the atmosphere of air contaminants.

(22)   Mist - A suspension of any finely-divided liquid  in any gas  or
      the atmosphere.  ,

(23)   Non-Commercial Fuel - Liquid or gaseous fuel  not  normally pro-
      duced, manufactured, used or sold for  the purpose of creating
      useful heat.   '

(24)   Odor - Smells or aromas which are unpleasant to persons,  or  which
      tend to lessen human food and water intake, Interfere  with sleep,
      upset  appetite, produce irritation of  the upper respiratory
    .  tract, or create symptoms of nausea, or which by  their inherent
      chemical or physical nature, or method of processing,  are or may
      be detrimental or dangerous  to health.  Odors and smell are  used
      herein interchangeably.

(25)   Open Fires -  Any fire from which the products of  combustion  are
      emitted directly into the atmosphere without passing through a
      stack  or chimney.

(26)   Particulate Matter - Any material, liquid or solid, except un-
      combined water, which exists in a finely divided  form  at  stan-
      dard conditions.

(27)   Person - Any  individual, natural person, syndicate, association,
      partnership,  firm, corporation, institution, agency, authority,
      departments bureau, or instrumentality of federal, state  or
      local  government or other entity recognized by law as  a subject
      of rights and duties.

(28)   Smoke  - Small gas-borne particles resulting from  combustion,
      consisting of carbon, ash, and other material.

(29)   Soot - Agglomerated particles consisting mainly of carbonaceous
      material.
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   (30)  SSU Viscosity - The number of seconds it takes 60 cubic centi-
         msters of an oil to flow through the standard orifice of a
         Saybolt Universal Viscometer at 100° F.

   (31)  Stack or Chimney - A flue, conduit or opening permitting partic-
         ulate or gaseous emissions into the open air, or constructed or
         arranged for such purpose.

   (32)  Standard Conditions - A gas temperature of 60 degrees Fahrenheit
         and a gas pressure of 14.7 pounds per square inch absolute.

   (33)  Sulfur Dioxide (SO?) - A colorless gas at standard conditions
         which has the molecular formula
   (34)  Vapor - The gaseous form. of a substance which is in the liquid
         or solid state at customary atmospheric temperature and pressure.

   (35)  Viscosity - The measure of a fluid's resistance to flow.

B.  In addition to definitions provided in the Air Management Code, the
    following definitions apply to these regulations:

    (1)  Anthracite Coal - A hard,  black, lustrous coal  containing 85-95%
         carbon characterized by its small percentage  of volatile matter,
         high specific gravity, hardness, nearly metallic luster,  rich
         black color, and seml-conchoidal fracture. Volatile matter is
         usually less than seven (7) percent.

    (2)  Bituminous Coal - A coal containing 70-85% carbon leaving usually
         more than 7 percent volatile matter.

    (3)  Dosage = Is the summation of the hourly averages of the concen-
         tration of a pollutant in the atmosphere for  the specified time
         in hours.
                                                                      i
    (4)  Fugitive Dust - Is any dust released or dispersed into the air by
         natural forces or mechanical processes which  escapes from the
         premises where the dust originated.

    (5)  PPM°Hrs - (Parts per million-hours).  Is the  sum of the average
         ppm hourly dosages measured for the number of hours stated.

    (6)  Process Weight - Is the total weight of all materials introduced
         into any specific process which process may cause any discharge
         into the atmosphere.  Solid fuels charged will  be considered as
         part of the process weight, but liquid and gaseous fuels  and
         combustion air will not.  "The Process Weight Per Hour1  will  be
         derived by dividing the total process weight  by the number of
         hours 1n one complete operation from the beginning of any given
         process to the completion thereof, excluding  any time during
         which the equipment is idle.
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I                      (7)  Process - Is any method, reaction, or operation whereby materi-
j                           als introduced into the process undergo physical change (i.e.,
I                           the size, shape, appearance, state or other physical properties
|                           of the material are altered without changing chemical  composi-
!                           tion) or chemical change (f.e., a substance or substances with
i                           different chemical composition or properties are formed or
|                           created).  A specific process, independent or production unit,
i                           is one which includes all of the equipment and facilities nee-
!                           essary for the completion of the transformation of the materials
|                           to produce a physical or chemical change.   There may be several
!                           specific processes in series necessary to  the manufacture of a
i                           product.  However, where there are parallel  series of specific
I                           processes, the similar parallel specific processes shall be con-
|                           sidered as a single specific process for emission regulation.

I                      (8)  RUD-Hrs./l.QOO ft. - (Reflectance units of dirt shade-hours per
!                           1,000 linear feet of air) is the sum of the hourly RUDs/1,000 ft.
j                           measured for the number of hours stated.  RUDs/1,000 ft. are
;                           the measured percentage reflectance of the filter tape reduced
i                           by dividing by the number of thousands of  feet of air actually
j                           drawn through the tape in the test.

j                      (9)  Sailing Index is an expression of the measurement of the light
j                           reflectance of a stain produced on paper tape through  which a
!                           set rate of air volume has passed for a period of time.   The
                           standard for this expression in these regulations is RUD-hrs./
                           1,000 ft.

   (3.0)(13.C)Section  II -Source Registration and Emission Reporting

                  A.   Registration of Emission Sources:

                      (1)  Installation Permits:

                           (a)  No person shall build, erect, install,  alter, or  replace
                                any article, machine, equipment, device, or other con-
                                trivance or appurtenance, the use of  which may cause  the
                                issuance of air contaminants or the use of which  may  elim-
                                inate, reduce, or control the issuance of air Contaminants
                                until an Air Management Permit, as specified by the Air
                                Management Code, has been obtained for such installation
                                and construction.   The permit shall remain in effect  as
                                specified by the Air Management Code.

                           (b)  Within 60 days of the receipt of an application for an in-
                                stallation permit, the Department shall  act to approve or
                                disapprove the application or notify  the applicant  that
                                additional information is required.
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(2)   Operating Licenses:

     (a)   The person responsible for each  source of emission  of air
          contaminants must have a current operating license  as speci-
          fied by the Air Management Code.

     (b)   The application for a license to operate a new installation
          shall  be filed  at least two weeks in  advance  of the date  of
          initial  operation.   Prior to the operation of the installa-
          tions  the Department shall approve or disapprove the appli-
          cation,  or notify the applicant  that  the installation is  in-
          complete with approval withheld  pending completion  or that
          a period of demonstration or test operation is required be-
          fore approval may be granted.

(3)   Submission  of Source Information:

     (a)   The Department  shall establish procedures and forms for use
          in the review of applications for permits and licenses.
          These  procedures shall prescribe the  Information to be sup-
          plied  in order  to determine if the proposed Installation
          will conform to these regulations.

     (b)   Information to  be given in the pennit or license applica-
          tion shall include, but not be limited to, the following:

          (1)  Description of the proposed installation.

          (2)  Design capacity of the process equipment including
               process weight and process  weight per hour.

          (3)  Expected physical and chemical composition of  the
               emissions  and pertinent design criteria  such as dis-
               charge rate9 concentration, voluma and temperature.

          (4)  Type and general characteristics of the  air pollution
               control equipment.

          (5)  Description and evaluation  of the location of  the dis-
               charge point of emissions of air contaminants  and other
               factors relating to the dispersion and diffusion of
               air contaminants in the atmosphere.

          (6)  The relation of the discharge point to nearby  struc-
               tures and  topography if necessary to appraise  the
               possible effects of the emissions.
                             -59-

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          (7)  Type and general  characteristics of any equipment for
               monitoring emissions and related alarm and recording
               systems.

          Any additional  information,  plans, specifications,  evidence,
          or documentation that the Department may require shall  be
          furnished upon  request.

(4)  Conditions of Source Approval:

     (a)  Approval  to construct, install,  alter, replace, or  operate
          any source of emission shall  be  granted only upon demonstra-
          tion to the satisfaction of  the  Department that the source
          will not violate any provision of the Air Management Code
          or Regulations  of the Air Pollution Control  Board or pre-
          vent or interfere with attainment or maintenance of any
          national  ambient air quality standard.

     (b)  Issuance of a permit or license  shall  not exempt any person
          from prosecution for violation of the Air Management Code,
          Regulations of  the Air Pollution Control  Board  or any appli-
          cable laws of the Commonwealth of Pennsylvania  or the United
          States Government.   Where regulations are amended or new
          regulations adopted, the holders of permits  and licenses
          issued prior to the effective date thereof shall  comply with
          any new requirements within  the  period of time  provided
          therein.

(5)  Reporting Changes to Existing Installations:

     (a)  Where it is planned to take  any  approved  installation,
          equipment, or device out of  service for any  reason,  except
          for normal plant shutdowns,  the  Department shall  be  notified
          at least three  days in advance.   Where the reason for being
          out of service  is breakdown,  malfunction  or  similar  emer-
          gency which may increase emissions, the Department  shall  be
          notified by telephone  immediately with a  written  confirmation
          in 24 hours.

     (b)  No person shall  change any installation such  that the regis-
          tered information concerning  it  is no longer accurate without
          first notifying the Department.

     (c)  Where a change  of ownership  occurs at any approved  installa-
          tion, the new owner shall  notify the Department within  30
          days of the change of  ownership.
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B.  Emission Reporting:

    (1)  Recording and Submission of Emission Information:

         (a)  In addition to the provisions and requirements of Section II.,
              A, the person responsible for any source of emission shall,
              upon notification from the Department, maintain such records
              as will disclose the nature, effects, extent, quantity or
              degree of air contaminants which are or may be discharged
              from such source of any other information as  may be deemed
              necessary by the Department to determine compliance with
              applicable emission limitations or other control measures as
              well as the relative contribution of such source to air qual-
              ity.

         (b)  The required Information shall be summarized  on source re-
              porting forms supplied by the Department and  shall be com-
              plete.  The required Information shall be submitted within
              30 days after the receipt of a source reporting form, unless
              a time extension has been granted by the Department.

         (c)  Information recorded and copies of the source reporting
              forms submitted to the Department shall be retained by the
              person responsible for each source emission for two years
              after the date on which the pertinent report  was submitted.

    (2)  Availability of Emission Data:

         Emission data obtained from source reporting forms submitted to
         and verified by the Department will be correlated  with applic-
         able emission limitations and other control measures.  All such
         emission data will be available for public inspection at the De-
         partment during normal business hours.

C.  Confidential Information:

    Any records, reports, information, or particular part thereof9 other
    than emission data, relating to secret processes, methods of manu-
    facture or production, or otherwise entitled to protection as trade
    secrets, provided to, required or obtained by the Department shall
    be kept confidential.
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(9.0)   Section III  - Testing and Test Methods

             A.  The Department shall  establish standard methods for the sampling and
                 analysis  of emissions to determine compliance with these regulations.

                 These standards shall be published and made available upon request at
                 the office of the Department.

             B.  Requirements for testing.   The Department may require any person to
                 conduct,  or have conducted, testing to determine compliance with these
                 regulations.  The Department may at its option witness or conduct such
                 tests.  Such testing  will  be done at a reasonable time, and all  inform-
                 ation gathered during a testing operation will be provided to both
                 parties.

                 When the  Department conducts or has such tests conducted, the person
                 shall  provide such sampling facilities, exclusive of instruments and
                 sensing devices, as may be necessary to determine the quantity and
                 character of emissions.

(2.0)   Section IV - Availability of Technology

             Any person who believes that there does not exist technology adequate for
        an existing  installation to meet the requirements of these regulations may re-
        quest within six months of the effective date, the Commissioner of Health, or
        his designated representative, to appoint an advisory committee of technical
        experts.  The Commissioner of  Health shall  appoint the committee within two
        weeks of the receipt of such a request.   The committee shall  review the proc-
        ess and make a recommendation  to the Department within 90 days, from the  date
        of their appointment.  This recommendation may be any of the following:
                           /    /
             A.  Compliance with these regulations.

             B.  Adoption  of a regulation proposed by the committee governing the proc-
                 ess, or processes, in question which provides for the application of
                 known technology to control  emissions.

             C.  Approval  of a compliance schedule which considers any unusual  problems
                 in  adapting known technology to the process in question,  but not to
                 exceed two years.

             If the  committee fails to make a report and recommendation, this regula-
        tion shall apply.

             The committee report shall  be  forwarded to the Air Pollution  Control  Board,
        by the Department  within two weeks  of its receipt from the committee together
        with its own recommendations,  for consideration and action.   For a period of
        150 days from the  appointment  of the committee,  the Health Commissioner may
        withhold prosecution.
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(2.0)   Section V - Improvement and Plan

             Where an improvement plan  and  compliance  schedule has  been  approved,  as
        provided in the Air Management  Code (Section 3-301)  (17), the  compliance  sched-
        ule in the approved plan shall  govern.

(2.0)   Section VI - Pre-Existing Regulations

             All existing regulations of the Air Pollution Control  Board not  in con-
        flict with these regulations shall  remain in force..

(2.0)   Section VII - Circumvention

             No person shall  build, erect,  install  or  use  any article, machine, equip-
        ment or other contrivance,  the  sole purpose of which is to  dilute or  conceal  an
        emission without resulting 1n a reduction in the total release of air contami-
        nants to the atmosphere.

(2.0)   Section VIII - Severability

             The provisions of these regulations are severable and  if  any provision,
        sentences clause, section or part thereof shall  be held illegal, invalid,  un-
        constitutional or inapplicable  to any  person or circumstances, such illegality,
        invalidity, unconstitutionality or  Inapplicability shall not affect or impair
        any of the remaining provisions, sentences, clauses, sections  or parts of the
        ordinance or their Application  to him  or to other  persons and  circumstances.
        It is hereby declared to be the legislative Intent that these  regulations
        would have been adopted if such Illegal, invalid or  unconstitutional  provision,
        sentence, clause or part had not been  included therein, and if the person  or
        circumstances to which the ordinance or any part thereof is inapplicable  had
        not specifically baen exempted  therefrom.

(2.0)   Section IX - Effective Date

             Except as otherwise provided,  these regulations shall  become effective
        upon adoption.  The owner of any source of emission, in existence or  under
        construction at the time of adoption,  shall notify the Departments within  six
        months from the effective date, of  his  intent  to discontinue any operations
        or activities which cause any emission  that result in an emission in  violation
        of these regulations or to control  such emission to  the extent required by
        these regulations,, or that the  emission is in  compliance.   Within a period of
        twelve months from the effective date,  compliance  shall  be  obtained at all
        sources of emission within the  scope of these  regulations.

(2.0)   Section X - Compliance with Regulations of the Environmental Quality  Board
                    of Pennsylvania

             No person shall  discharge  Into the atmosphere any air  contaminant in  ex-
        cess of the limits established  1n the  regulations  of the Environmental Quality
        Board of Pennsylvania, or shall utilize air contaminant control  of less effi-
        ciency than required by the regulations of the Environmental Quality  Board of
        Pennsylvania.                       .          '  *
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                                               REGULATION II

     (50.0)                   AIR CONTAMINANT AND PARTICIPATE MATTER EMISSIONS

             Section I

                  A.  In addition to the previous citations, these regulations are  adopted
                      pursuant to Title 3,  Air Management Code,  which reads  in part as  fol-
j                      lows:
]
'I                      (1)  "Section 3-202,  Open Fires:

j                           No person shall  ignite, burn or permit the continuation  of the
j                           burning of garbage, refuse,  or other  waste material,  demolition
i                           materials, leaves,  grass,  weeds, trees, batteries,  wire, tires,
                           car's,  vehicles,  or parts thereof, or  any other combustible ma-
                           terial in an open fire. Any open burning for salvage purposes
|                           is prohibited.   This requirement shall  not apply  to outdoor  home
!                           cooking.  A special exception may be  made by order  of the Com-
i                           missioner of Health where  the First Commissioner  certifies an
'                           emergency exists which endangers the  public safety, and  the
:                           Health Commissioner finds  that no practical  alternative  method
]                           of disposal of hazardous or  flammable materials exists.   The con-
•                           ditions for allowing open  fires shall  be approved by both the
                           Health and Fire  Commissioners."
i
'                      (2)  "Section 3-302,  Powers and Duties of  the Air Pollution Control
I                           Board:

j                           To promulgate regulations, implementing this
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                       (d)   The  characteristics  of fuels  and  wastes which may  be com-
                            busted  In  the  city,  Insofar as  such  characteristics may
                            affect  the emissions of air contaminants  to  the atmosphere.

                       (e)   The  density, opacity and duration of discharges and emis-
                            sions of air contaminants to  the  atmosphere  which  obscure
                            and  reflect light, and the establishment  of  methods for
                            evaluating density,  opacity,  equivalent opacity or density."

              B.   These regulations control,  and/or prohibit, the discharge or escape of
                  certain air contaminants and particulate  matter in  the atmosphere.
(51.13)   Section II  - Open  Fires
              6.
No person shall Ignite, burn or permit the continuation of the burning
of garbagee refuse, or other waste material, demolition material,
leaves, grass, weeds, trees, batteries, wire, tires, cars, vehicles,
or parts thereof, or any other combustible material 1n an open fire.
Any open burning for salvage purposes 1s prohibited.  Any person who
operates, owns or controls premises where Junk cars, demolition mate-
rials, refuse or other salvaged or waste materials are stored„ pro-
cessed or deposited, shall take all necessary measures to prevent
fires and to extinguish any fires which may occur.  F1re prevention
measures shall Include, among others, security measures to exclude un-
authorized persons from entering upon the premises.

If a fire occurs when the premises are unattended, the Department may
order fencing and/or a watchman to be employed by the owner, operator,
or other person who controls the premises, for periods, when there are
no other attendants.

It shall be prima facie evidence that the person who owns or controls
property on which open burning occurs has caused or permitted said
open burning.
(51.12)  Section III  - Toxic or Radioactive Air Contaminants

              No person shall  discharge into  the atmosphere any  toxic or  radioactive
         sir contaminant except where a request has  been  filed with  the Department and
         approval  granted by the Department which shall be based on  a determination by
         the Department that the quantity, concentration, and duration of such emissions
         will not create & health hazard.             ,    .

(50.1.2) Section IV - Visible Emissions

              (1)  No  person shall  discharge into the atmosphere  from any  single source
                  of  emission whatsoever any  air contaminant, except uncombined water,
                                               -65-

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                 (a)  For a period or periods aggregating more than three minutes  In
                      any one hour which:
                                                                           •
                      (1)  Is darker 1n shade than  that designated as  No.  1  on  the
                           Ringelmann Chart,  as  published by the  U.S.  Bureau of Mines,
                           or*

                      (2)  Is darker than  a comparable standard using  such other charts
                           or devices as the  Department determines to  be  equivalent
                           thereto;  or

                 (b)  For any period, which is darker  than No.  3  on the Ringelmann
                      Chart,  or its equivalent;   or

                 (c)  Of such opacity as to obscure an observer's view to  an equal or
                      greater degree than  either (a) or (b)  above.

                 (d)  The provisions of (a) above,  do  not apply to incinerators.   In-
                      cinerators are regulated under the provision  of Air Management
                      Regulation XI, Control  of  Emissions from Incinerators.

             (2)  The provisions of (1) above  shall  apply to  visible emissions of air
                 contaminants that are white,  black, shades  of grey or colored.
                             .
             (3)  Trained employees certified  by  the Department may make observations
                 to  determine compliance with  the provisions of (1)  and (2)  above  with-
                 out direct reference to standards.

(51.5)   Section VI - Selection  of Fuel  for Particulate Matter Emission Control

             The  fuel  used shall  be compatible with  the burning equipment  and the  fur-
        nace or boiler.   Where  there occur repeated violations  of Section  IV or V,
        above,  the Department may order the use  of  a specific alternate fuel.

(50.1)   Section VIII - Fugitive Dust

             No person shall  cause or permit  the handling, transporting, storing,  or
        disposing of any substance or material which is likely  to be scattered  by  the
        wind, or  is  susceptible to being wind-borne, without taking effective pre-
        cautions  or  measures  to prevent air contamination.   No  person  shall  operate or
        maintain, or allow or cause to be  operated  or  maintained,  any  premises,  open
        area, right  of way, storage piles, or  vehicle,  or any construction,  altera-
        tions,  demolition,  or wrecking operation, or any other  enterprises,  which  1n-
        volves  any material or  substance likely  to  be  scattered by the wind, or sus-
        ceptible  to  being wind-borne,  without  effective precautions  or measures  to
        prevent air  contamination.   No person  shall maintain,  conduct, or  use,  or
        cause to  be  maintained,  conducted, or  used, any parking lot, or similar areas,
        unless  the lot,  area, or roadway is maintained  in  such  manner  as to  prevent
        air contamination.
                                             -66-

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                           ' TABLE 1

Process           Maximum Weight        Process            Maximum Weight
Wt./hr.(1bs.)     Disch./hr. (Ibs.)     Wt./hr. (Ibs.)     Disch./hr. Qbs.)

  50                   .24
 100                   .46
 150                   .66
 200                   .85
 250                  1.03
 300                  1.20
 350                  1.35
 400                  1.50
 450                  1.63
 500                  1.77
 550                  1.89
 600                  2.01
 650                  2.12
 700                  2.24
 750                  2.31
 800                  2.43
 850       .           2.53
 900                  2.62
 950                  2.72
1000	2.80
TfOS                  279T
1200                  3.12
1300                  3.26
1400                  3.40
1500                  3.54
1600                  3.66
1700                  3,79
1800                  3.91
1900                  4.03
2000	        4.14
Tm          ~~      OT
2200                  4.34
2300                  4.44
2400                  4.55
2500   .               4.64
2600                  4.74
2700                  4'. 84
2800                  4.92
2900                  5.02
3000	,  5.10
3100                  5.18
3200                  5.27
3300                  5.36
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000 '
8500
9000
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or more
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39 ,
8.71
9.03
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0

                                    -67-

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                            •              REGULATION III

(50.2)                 THE CONTROL OF EMISSIONS OF OXIDES  OF SULFUR COMPOUNDS
                                    '
         Section I.

              A.  In addition  to the above citations,  these regulations  are  adopted  pur-
                  suant to Title 3,  the Air Management Code, which reads in  part  as  fol-
                  1ows:

                  "Section 3-207,  Sale  of Fuel  Oil

                  (1)   Commercial  Fuel  Oil

                       (a)  On and after the effective dates listed therein  no  fuel  mer-
                            chant shall  store,  offer for  sale, sell, deliver for  use or
                            exchange in trade,  for use in Philadelphia,  and  no  person
                            shall  use commercial  fuel  oils  which contain sulfur in excess
                            of the percentages  by weight  set forth in the following  table:

                  Grades  of    Classification  by  SSU
                  Commercial    Viscosity at 100°F.      Effective    Effective   Effective
                  Fuel  Oil                             5-1-70       10-1-72      3-31-75
                  No.  2 and    Less  than or equal
                  lighter      to  45 	    0.3%        0.3%         0.2%
                  No.  4        Greater  than 45  but
                               less  than 145 	    0.7%        0.4%         0.3%
                  No.  5,  No. 6 Equal  to or greater
                  and  heavier   than  145 	    1.0%        0.5%         0.3%

                       (b)  The provisions  of  (a)  above shall not  apply  in any  case  in
                            which  it is  demonstrated to the Department that  sulfur di-
                            oxide  emissions, caused  by the  combustion of commercial  fuel
                            oils,  from  any  stack  or  chimney into the outdoor atmosphere,
                            can be controlled to  levels that, on and after the  effective
                            dates  listed herein,  do  not exceed at  any time those quanti-
                            ties of  sulfur  dioxide,  expressed in pounds  per  one (1) mil-
                            lion BTU gross  heat input,  set  forth in the  following table:

                  Grade of     Classification by  SSU        Permissible SO? Emissions
                  Commercial    Viscosity at  100eF.      (Pounds S02  per Million  BTU Gross
                  Fuel  Oil                                          Heat  Input)
                                                       Effective    Effective    Effective
                                                       5-1-70       10-1-"72      3-31-75
                  No.  4        Greater  than  45, but
                               less  than 145 	    0.74 Ibs.    0.42  Ibs.    0.30  Ibs.
                  No.  5,  No. 6 Equal  to  or  greater
                  heavier      than  145  	    1.1  Ibs.     0.52  Ibs.    0.30  Ibs.
                                              -68-

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(2)   Non-Commercial  Fuel

     (a)   No person  shall  cause,  suffer,  allow or permit sulfur di-
          oxide,  caused by the combustion of non-commercial  fuel  or
          the combustion of non-commercial  and commercial  fuel  mix-
          tures,  to  be discharged from any stack or chimney  into the
          outdoor atmosphere at any time  in excess of 610 ppm by vol-
          ume adjusted to twelve  (12)  percent carbon dioxide by volume;
          and, on and after October 1, 1973 no person shall  cause,
          suffer, allow or permit sulfur  dioxide, caused by  the combus-
          tion of non-commercial  and commercial fuel mixturess  to be
          discharged from any stack or chimney into the outdoor atmos-
          phere at any time in excess  of  310 ppm by volume adjusted  to
          twelve (12) percent carbon dioxide by volume, or equivalent
          method approved by the  Department.

     (b)   Where a single manufacturing facility contains multiple stacks
          or chimneys for discharge of flue gases from burning non-
          commercial fuels or non-commercial and commercial  fuel  mix-
          tures,  the emissions from any single stack may exceed the  SOg
          concentration limits given 1n (2) (a) provided that 1t can be
          satisfactorily demonstrated  to  the Department that:

          (1)  The emission rate  of sulfur dioxide from non-commercial
               fuel  combustion on a total weight basis for the facil-
               ity will not exceed that allowed by (2) (a),  and
                      t
          (2)  The ground level concentrations of sulfur dioxide at  any
               point in the neighborhood, area, or region caused by  the
               combustion of all  non-commercial fuel at the  facility
               shall not exceed those  concentrations that would result
               from  compliance with (2) (a), and

          (3)  The concentration  of SO;? emitted from any such stack
               does  not exceed any limit  imposed by regulations of the
               State of Pennsylvania or the U.S. Environmental  Protec-
               tion  Agency, and

          (4)  Compliance with (2) (b) shall not prevent the achieve-
               ment  or maintenance of any national air quality stan-
               dard  for S02 established by the Environmental Protection
               Agency.

     (c)   Any person responsible  for the  discharge of S02 caused by  the
          combustion of non-commercial fuel or the combustion of non-
          commercial and commercial fuel  mixtures from any stack or
          chimney as provided for in (2)  (a) and (2) (b) shall  submit a
          detailed report to the  Department at least once every month,
          providing  fuel  usage and emissions information sufficiently
          adequate to determine compliance with this section.
                            -69-

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                  (3)  Exemptions

                       (a)  The provisions of this section shall  not apply to commercial
                            fuel  used by ocean-going vessels.

(16.0)            "Section 3-302, Power and Duties of the Air  Pollution Control  Board

                  (1)  To promulgate regulations implementing  this  Title,  preventing de-
                       gradation  of air quality, preventing air pollution, eliminating
                       air pollution nuisances and, limiting,  controlling, or prohibiting
                       the emission of air contaminants  to the atmosphere  from any  source.
                       Such regulations may include, but are not  limited to,  the follow-
                       ing:

                       (a)  The concentration, volume, weight, and  other characteristics
                            of emissions of air contaminants to the atmosphere,  the cir-
                            cumstances under which such  emissions are permitted  and the
                            degree of control  of emissions of  air contaminants required;

                       (b)  The emissions of air contaminants  to  the atmosphere  and re-
                            lated actions which are prohibited;

                       (c)  The types and kinds of control  measures and actions, equip-
                            ment, storage and handling facilities,  processes  and systems,
                            including specifications and/or performance requirements,
                            which may be required to control emissions  of  air contamin-
                            ants  to the atmosphere.

                       (d)  The characteristics of fuels and wastes which  may be com-
                            busted in the city, insofar  as such characteristics  may af-
                            fect  the emissions of air contaminants  to the  atmosphere."

                       These regulations control, and/or prohibit,  the  discharge or
                       escape of  oxides or sulfur compounds to the  atmosphere and con-
                       trol and/or prohibit, the sulfur  content of  fuels burned  in  the
                       City of Philadelphia.  All  available measures shall  be taken to
                       prevent the emission of oxides of sulfur to  the  atmosphere,  but
                       in no event shall  the measures employed be less  effective than
                       those in the following sections.

(50.2)   Section II.   Control  of  Emissions of Sulfur Compounds

              A.  No  person shall cause or permit an emission  from  a specific source of
                  oxides  of sulfur calculated as sulfur  dioxide (S02) which results in
                  ground  level  concentrations  at any point in  excess of 3.0 ppm  (volume)
                  at  any  time,  an average 0.5 ppm (volume)  for a  15 minute period,  or an
                  average of 0.1  ppm (volume)  in any 8 hour period.

              B.  Except  as provided in Section 3-207 of Title 3, no person shall cause
                  or  permit the emission of oxides of sulfur from a specific  source or
                  process in excess of 0.1  per cent by volume.  Within  two years, the
                  emission rate shall  be limited to 0.05 per cent by Volume.   Dilution

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                  or diffusion  of  exhaust gases is not an acceptable means of.meeting
                  this  requirement.

              C.   Compliance with  these  provisions shall be determined by standard meth-
                  ods established  by  the Department which may include procedures for
                  sampling  and  analysis  or  for stoichiometric calculations.

(51.6)    Section  III.  Control  of  Sulfur in Fuels

              A.   No person shall  store, offer for sale, sell, deliver for use, or ex-
                  change  in trade  for use in Philadelphia, and no person shall burn any
                  fuels in  the  City of Philadelphia, except as provided in (2) below, the
                  sulfur  content of which exceeds the following:

                  0)  Fuel Oil shall  not exceed the content limits of Section 3-207 of
                       Tftle 3  (see above).

                  (2)  Coal shall  not exceed the following content limits:

                       (a)  Bituminous Coal  shall not exceed two per cent by weight after
                           May 1, 1970, one per cent by weight after July 1, 1971, and
                           0.3 per cent by weight after October 1, 1972.

                       (b)  Anthracite Coal  shall not exceed 0.7 per cent by weight after
                           May 1, 1970, and 0.3 per cent by weight after October 1, 1972.

              B.   For those installations where equipment or processes are used to reduce
                  the emissions from  the burning of fuels with a higher sulfur content
                  than  that specified 1n (1) above, the emissions shall not exceed that
                  which would result  from the use of the fuels specified in (1) above.
                  (The  equipment and/or  process must be approved by the Department,,)

              C.   Where the delivery  of  low sulfur fuel is interrupted because of acci-
                  dent  or other emergency conditions, the Department may authorize the
                  use of  an alternate fuel  supply, containing the least amount of sulfur
                  available, for a period not to exceed two weeks.

                  A longer  period  of  time may be authorized by the Department only after
                  review  and recommendation by the Air Pollution Control Board.

(8.0)                             AIR MANAGEMENT REGULATION IV

         GOVERNING AIR  POLLUTION CONTROL MEASURES DURING HIGH AIR POLLUTION EPISODES

(1.0)    Section  I - Definitions

              A.   In addition to/definitions provided in the Air Management Code, the fol-
                  lowing  definitions  apply  to this Regulation:

                  COH Units - This is  an abbreviated form for coefficient of haze and is
                  a measurement derived  from the transmittance of light through a paper
                  tape, and normalized to 1000 linear feet of air.  The co-efficient of
                                              -71-

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                  haze  is  derived  from transmission  by  the  formula"

                  OOH-1og10  ^


                  Oxidants -  This  is a major class of chemical compounds which act as an
                  indicator  of photochemical smog.   Ozone and perozyacyl nitrates are the
                  principal  identifiable oxidants in air.

                  Photo-Reactive Organic Material -  Any organic materials which will re-
                  act with oxygen, excited oxygen, ozone and/or other free radicals gen-
                  erated by  the action of sunlight on components in the atmosphere giving
                  rise  to  secondary contaminants and reaction intermediates in the atmos-
                  phere which can  cause detrimental  effects.

(8.0)     Section  II  - Declaration  of Conditions

              The Health Commissioner  or his designated representative shall declare the
         existence of an Air Pollution Stage I, Stage II and/or an Air Pollution Emergen-
         cy in all or any  part of  the  City under the following conditions:

              A.   "Forecast"  exists when an  atmospheric stagnation advisory is issued by
                  the National  Weather Service.  This initiates an internal watch by the
                  Department.

              B-   Stage I  -  When a 36-hour stagnation fprecast is received from the Na-
                  tional Weather Service and one or  more of the following Air Pollutant
                  levels exist at  any  air quality monitoring station in Philadelphia:

                  (1)  Sulfur Dioxide  in excess of 0.3  ppm in a six hour moving average,
                       or

                  (2)  Particulate in  excess of 4.0  COH units in a six hour moving aver-
                       age,  or

                  (3)  Product of  Sulfur Dioxide and Particulate twenty-four hour moving
                       average in  excess of 0.3 ppm-COH, or

                  (4)  Nitrogen Dioxide in excess of 0.2 ppm in a twenty-four hour moving
                       average.

              c-   Stage II -  When  one  or more of the following air pollutant levels exist
                  at any air monitoring station in Philadelphia:

                  (1)  Sulfur Dioxide  in excess of 0.5  ppm in a six hour moving average,
                       or

                  (2)  Particulate in  excess of 6.0  COH units in a six hour moving aver-
                       age,  or

                  (3)  Product of  Sulfur Dioxide and Particulate twenty-four hour moving
                       average in  excess of 0.9 ppm-COH, or
                                              -72-

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                 (4)   Carbon Monoxide  1n excess of 30 ppm In an eight hour moving aver-
                      age,  or

                 (5)   Total Oxidants in excess of 0.25 ppm in a four hour moving average,
                      or

                 (6)   Nitrogen  Dioxide in  excess of 0.3 ppm in a 24 hour moving average.

             D.   Emergency  - When one  or more of the following levels exist at any air
                 monitoring station in Philadelphia:

                 (1)   Sulfur Dioxide equal  to or exceeding 0.6 ppm in a twenty-four hour
                      moving average,  or

                 (2)   Particulate equal to or exceeding 7.0 COM units in a twenty-four
                      hour  moving average,  or

                 (3)   Product of Sulfur Dioxide and Particulate twenty-four hour moving
                      average equal to or  exceeding 1.4 ppm-COH, or

                 (4)   Carbon Monoxide  equal  to or exceeding 40 ppm in a eight hour mov-
                      ing average, or

                 (5)   Total Oxidants equal  to or exceeding 0.35 ppm in a four hour mov-
                      ing average, or

                 (6)   Nitrogen  Dioxide equal to or exceeding 0.4 ppm in a twenty-four
                      hour  moving average.

             E,   A localized or general Stage I, Stage II, or Emergency condition may be
                 called  by  the  Health  Commissioner or designated representative regard-
                 less  of the levels set forth above, when in his opinion, a threat to
                 public  health  from air pollution exists.  This Regulation may be imple-
                 mented  when the above stated levels are reached at any representative
                 air quality monitoring station outside of Philadelphia, but within the
                 Philadelphia area air quality region as designated by the Environmental
                 Protection Agency.

(8.0)    Section  III -  Termination of Conditions

             Termination of any stage  of an air pollution episode shall occur when all
        the criteria no  longer  exist for that stage and shall not likely reoccur.  At
        that time, the next lower status shall be in effect.

(8.0)    Section  IV - Alert  and  Notification System by the Health Commissioner and the
                    Emergency  Coordinator.

             A.   The Department shall  maintain daily contact with the National Weather
                 Service to ascertain  the  development of meteorological conditions.
                 During  periods of unfavorable meteorological conditions contact will be
                 made  at least  once each 12 hours.  During such periods, the Department
                 shall periodically contact surrounding jurisdictions to coordinate
                                             -73-

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                 regional  response to the high air pollution levels.

             B.   When the  Commissioner of Health, or his designated representative, de-
                 clares any of the high air pollution conditions enumerated 1n Section
                 II,  he shall  also notify the Emergency Coordinator of the City of
                 Philadelphia.   The Emergency Coordinator or his designated represent-
                 ative shall  forthwith proceed to take actions  necessary to implement
                 the  requirements  of this Regulation until  the  declared episode has been
                 terminated by the Commissioner of Health,  or his designated represent-
                 ative.

             C.   During Air Pollution Stage I, Stage II and Air Pollution Emergency,  the
                 Emergency Coordinator or his designated representative will  release  to
                 the  news  media the levels of pollutants in the City,  the episode con-
                 dition reached, and any other information  or any orders required to
                 effect a  reduction in emissions and project public health.

             D.   Establishments with emission reduction plans will  be  notified of the
                 existence of high air pollution conditions through the mass  media,
                 properly  identified telephone calls,* or contact with  the Emergency Co-
                 ordinator or his  designated representative.

(8.0)    Section  V - Advance Preparation for High Air Pollution  Episodes

             A.   Emission  reduction plans are required for  each business or other estab-
                 lishment  which emits 100 tons of pollutants  per year  or more, or is
                 designated a major source or a major user  of electricity by  the Depart-
                 ment.   Those businesses or other establishments which are not required
                 to submit plans shall  develop an internal  procedure to meet  the object-
                 ives and  requirements  set forth in Tables  I, II, and  III.   Such plans
                 shall  specify measures which will  be taken to  reduce  air contaminant
                 emissions during  episode conditions.   These  plans  shall  be submitted in
                 writing to the Department for approval  within  sixty days of  the written
                 notification by the Department.  Plans shall specify  separate and in-
                 creasingly stringent actions for reducing  each type of air pollution
                 emission  for Stage I,  Stage II, and Emergency  in accordance  with the
                 minimum requirements set forth in Tables I,  II, and III.   The Department
                 shall  be  supplied with sufficient information  to determine the emission
                 reduction that will  be attained for each pollutant during each condition.
                 The  plans shall also designate an individual and at least two alternates
                 responsible  for the execution of the plans and any other actions or  or-
                 ders issued  under this Regulation.   During high air pollution episodes
                 and  upon  notification  as stated in Section IV, D., plans  approved by the.
                 Department are formal  orders to be executed  at once to protect public
                 health.

             B.   The  Department shall develop and issue a contingency  plan for the imple-
                 mentation of this Regulation.   This plan will  include the programs de-
                 veloped by companies as described under A. of  this Section.   The con-
                 tingency  plan  will  also list activities including  specific companies,
                 establishments and types of businesses  which may continue with little or
                 no restriction during  episodes.
                                             -74-

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              C.   Upon written  notice by  the Department, any person owning or conducting
                  any operation which results  in the emission of air contaminants shall
                  perform  tests to determine the rate of operation and other conditions
                  which will  result  in minimum air contaminant emission to the atmosphere.
                  A  copy of  the test results shall be submitted to the Department and will
                  be used  as  a  guide in the evaluation of emission reduction plans for
                  Stage  II or Emergency Conditions.

              D.   The Commissioner of Health may appoint such committees he deems neces-
                  sary to  advise  and assist the Department  in developing the contingency
                  plan for high air  pollution  episodes.  Such committees may includes but
                  not be limited  to, a technical industry committee, a medical care com-
                  mittee,  a  community coordination committee, a transportation committee,
                  and a  solid waste  committee.  A representative of the Department shall
                  serve  as a member  of each committee.  Meetings of a committee  shall be
                  held at  the call of the chairman of the committee or the Commissioner
                  of Health, or his  designated representative.

(2.0)     Section  VI  - Actions and Restrictions

              When the Health Commissioner or  his designated representative declares  any
         of the high air pollution conditions  in Section  II, the following actions and
         any other actions ordered by the Emergency  Coordinator or his designated repre-
         sentative shall be  taken by those responsible,  including businesses and other
         persons  having  emission  reduction plans, those without plans, the general public,
         and the  City, State and  Federal  Governments.

              A.   High Sulfur Dioxide Levels

                  (1)  During Stage  I Conditions:

                       (a)  Businesses and other establishments with emission  reduction
                            plans for sulfur dioxide shall  invoke them for Stage I, and   .

                       (b)  Manufacturers and  other  businesses without plans shall reduce
                            sulfur dioxide emissions by  curtailing sulfur dioxide pro-
                            ducing operations  including  process steam and heat  load de-
                            mands, and the use of electrical power, and

                       (c)  Businesses, other  establishments and the general public shall
                            reduce electrical  power  consumption by limiting the  use of
                            electric ovens,  toasters,  irons, dishwashers, air  condition-
                            ers,  lights,  signs,  and  other electrical devices.

                  (2)   During Stage  II  Conditions:

                       (a)  All persons  shall  continue  those actions for  Stage  I, high
                            sulfur dioxide concentrations,  and  in addition,

                       (b)  Businesses  and other  establishments with emission  reduction
                            plans for  sulfur dioxide or  curtailment of electrical power
                            shall invoke  them  for  Stage  II, and
                                               -75-

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         (c)   Manufacturers  and  other  businesses without  plans will  reduce
              sulfur  dioxide emissions  by  curtailing  sulfur  dioxide  produc-
              ing  operations including  process  steam  and  heat  load demands,
              and  the use  of electrical  power by assuming reasonable eco-
              nomic hardship, and,

         (d)   Businesses and other  establishments  without plans  and  the
              general  public shall  reduce  the temperature in their build-
              ings and homes to  70°F if oil  or  coal heating  is used, or  in-
              crease  the temperature to 80°F if air conditioning is  used,
              and

         (e)   Sensitive persons  shall  minimize  exposure to the outside at-
              mosphere.

    (3)   During  Emergency  Conditions:

         (a)   All  persons  shall  continue those  actions for Stage II, high
              sulfur  dioxide concentrations, and in addition

         (b)   Businesses and other  establishments  with emission  reduction
              plans for sulfur dioxide shall invoke them  for the Emergency
              condition, and

         (c)   Businesses and other  establishments  including  but  not  limited
              to those listed in Table IV  shall immediately  discontinue
              operation, and send personnel  home until the Emergency Condi-
              tion is over.   Heat or air conditioning in  these establish-
              ments shall  be reduced to a  minimum  sufficient only to protect
              buildings and  equipment.   Exceptions are listed  for exemption
              in the  contingency plan,  and

         (d)   The  general  public shall  reduce the  temperature  in their homes
              65°F if coal or oil heat is  used, and

         (e)   Use  of  electric ovens, toasters,  irons, dishwashers, air con-
              ditioners,  lights, and other electrical devices  shall  be re-
              stricted to  essential needs  and

         (f)   All  persons  shall  minimize their  exposure to the outside at-
              mosphere.

B.   High particulate  Levels

    (1)   During  Stage I Conditions:

         (a)   Businesses  and other  establishments  with emission  reduction
              plans for particulate matter shall invoke them for Stage I, and

         (b)   Manufacturers  and  other  businesses without  plans shall reduce
              particulate  emissions by curtailing  particulate  producing
              operations  including  process steam and  heat load demands,  and
              the  use cf  electrical power, and
                                 -76-

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     (c)   Businesses and other establishments  without plans will  limit
          lancing and soot blowing of boilers  and the operation of In-
          cinerators to between the hours  of 12:00 Noon  and 4:00  P.M.

(2)  During Stage II Conditions:

     (a)   All  persons shall  continue those actions for Stage  I, high
          partlculate matter concentrations, and  in addition

     (b)   Businesses and other establishments  with emission reduction
          plans for partlculate matter shall invoke them for  Stage II,
          and,

     (c)   Manufacturers and other businesses without plans will reduce
          particulate emissions by curtailing  particulate producing
          operations including process steam and  heat load demands, and
          the  use of electrical power by assuming reasonable  economic
          hardships, and

     (d)   Businesses and the general public shall reduce the  temperature
          in their buildings and homes to  70°F if they use oil or coal
          heat, or increase the temperature to 80°F if air conditioning
          1s used, and

     (e)   Businesses and other establishments  without plans shall  limit
          lancing or soot blowing of boilers to between  the hours  of
          12:00 Noon and 4:00 P.M., and
                       i                               ,
     (f)   Incinerators burning less than 10,000 Ib./hr.  of waste  shall
          cease operations, and

     (g)   The  use of electrical devices shall  be  limited, and

     (h)   Sensitive individuals will minimize  exposure to the outside
          atmosphere.

(3)  During Emergency Conditions:

     (a)   All  persons shall  continue those actions for Stage  II,  high
          partlculate matter concentrations, and  in addition

     (b)   Businesses and other establishments  with emission reduction
          plans for particulate matter, shall  Invoke them for Emergency
          Condition, and

     (c)   The  Department shall invoke the  traffic control plan for the
          Emergency Condition, and

     (d)   Businesses and other establishments  including  but not limited
          to those listed in Table IV shall  immediately  discontinue
          operation, and send personnel home until the Emergency  con-
          dition is over.  Heat or air conditioning in these  establish-
                            -77-

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              merits shall  be reduced to a minimum sufficient only to pro-
              tect buildings and equipment.  Exceptions are listed for ex-
              emption 1n the contingency plan, and
         (e)  The general  public shall reduce the temperature in their
              homes to 65°F 1f coal or oil heat is used, and
         (f)  Use of electric ovens, toasters, irons, dishwashers, air con-
              ditioners, lights, and other electrical devices shall be re-
              stricted to essential needs only, and
         (g)  Incinerators shall cease operation, and
         (h)  All persons shall limit use of motor vehicles to emergency
              needs only.   Exceptions are listed for exemption 1n the con-
              tingency plan, and
         (i)  All persons shall minimize exposure to the outside atmosphere.
C.  High Sulfur Dioxide - Partlculate Product Levels
    (1)  During Stage I Conditions:
         All actions included 1n Section VI., A. 1, and B.  1.
    (2)  During Stage II Conditions:
         All actions included in Section VI., A. 2, and B.  2.
    (3)  During Emergency Conditions:        '
         All actions included in Section VI., A. 3, and B.  3.
D.  High Carbon Monoxide Levels
    (1)  During Stage I Conditions:
         (Reserved for Future Use)
    (2)  During Stage II Conditions:
         (a)  (Reserved for Future  Use)
         (b)  Businesses and other  establishments with emission reduction
              plans for carbon monoxide matter shall invoke them for Stage
              II, and
         (c)  The Department shall  invoke the traffic control plan for
              Stage II, and
         (d)  All persons shall limit use of motor vehicles by increasing
              the use of public transportation and car pools and the elim-
              ination of unnecessary operation, and
                                 -78-

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         (e)   Information shall  be given to the public as  to which roads  or
              areas of the City  are to be particularly avoided,  and

         (f)   Individuals predisposed toward cardiac conditions  shall  mini-
              mize exposure to the outside atmosphere and  avoid  exercise.

    (3)  During Emergency Conditions:

         (a)   All  persons shall  continue those actions for Stage II high
              carbon monoxide concentrations, and in addition

         (b)   Businesses and other establishments with emission  reduction
              plans for carbon monoxide shall Invoke them  for the emergency
              condition, and

         (c)   Businesses and other establishments shall  discontinue opera-
              tion and send personnel home until the Emergency Condition  1s
              over.  Exceptions  are listed for exemption in the  contingency
              plan, and

         (d)   The Department shall Invoke the traffic control plan for the
              Emergency condition, and

         (e)   All  persons shall  limit use of motor vehicles to emergency
              needs only.  Exceptions are listed for exemption in the con-
              tingency plan, and

         .(f)   All  persons will minimize exposure to the outside  atmosphere
              and avoid exercise.

E.   High Nitrogen Dioxide Levels

    (1)  During Stage I Conditions:
                                                                      i
         (a)   Businesses and other establishments with emission  reduction
              plans for nitrogen dioxide shall invoke them for Stage I8 and

         (b)   Manufacturers and  other businesses without plans will reduce
              nitrogen dioxide emissions by curtailing nitrogen  dioxide pro-
              ducing operations  including process steam and heat load de-
              mands and the use  of electrical power, and

         (c)   Businesses and other establishments without  plans  and the
              general public will  reduce electric power consumption by lim-
              iting the use of electric ovens, toasters, irons,  dishwashers,
              air conditioners,  lights, signs, and other electrical devices,
              and

         (d)   All  persons will limit use of motor vehicles to essential
              needs only.
                                 -79-

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(2)  During Stage II Conditions:

     (a)  All  persons shall  continue those actions for Stage I, high
          nitrogen oxide concentrations, and in additon

     (b)  The  Department shall  invoke the traffic control  plan for
          Stage II, and

     (c)  Businesses and other establishments with emission reduction
          plans for nitrogen dioxide shall Invoke them for Stage II,
          and

     (d)  Manufacturers and  other businesses without plans will reduce
          nitrogen dioxide emissions by curtailing nitrogen dioxide
          producing operations  including process steam and heat load
          demands, and the use  of electrical power by assuming a reason-
          economic hardship, and

     (e)  Businesses and other establishments without plans and the
          general public shall  reduce the temperature in their buildings
          and  homes to 70°F, if heating or increase the temperature to
          80°F, 1f air conditioning, and

     (f)  All  persons shall  limit use of motor vehicles by increasing
          the  use of public  transportation and car pools and the elim-
          ination of unnecessary  operation.  Information shall  be given
          to the public as to which roads or areas of the  City are to
          be particularly avoided, and

     (g)  Sensitive Individuals shall minimize exposure to the outside
          atmosphere.

(3)  During Emergency Conditions:

     (a)  All  persons shall  continue those actions for Stage II high
          nitrogen oxide concentrations, and in addition

     (b)  The  Department shall  invoke traffic control  plan for the
          Emergency condition,  and

     (c)  Businesses and other  establishments with emission reduction
          plans for nitrogen dioxide shall invoke them for the Emergen-
          cy condition.

     (d)  Businesses and other  establishments including but not limited
          to those listed in Table IV shall Immediately discontinue
          operation, and send personnel  home until the Emergency Condi-
          tion is over.  Heat or  air conditioning in these establish-
          ments shall be reduced  to a minimum sufficient only to pro-
          tect buildings and equipment.   Exceptions are listed for ex-
          emption in the contingency plan.
                             -80-

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         (e)  The general  public shall  reduce the temperature in their
              homes to 65PF 1f heating, and

         (f)  All persons  shall  limit use of motor vehicles to emergency
              needs only.   Exceptions are listed for exemption in the con-
              tingency plan, and

         (g)  The use of electric ovens, toasters, irons, dishwashers, air
              conditioners, lights, signs, and other electrical devices
              shall be restricted to essential needs only, and

         (h)  All persons  will minimize exposure to the outside atmosphere.

F.  High Oxidant Levels

    (1)  During Stage I Conditions:

         (Reserved for Future Use)

    (2)  During Stage II Conditions:

         (a)  (Reserved for Future Use)

         (b)  Businesses and other establishments with emission reduction
              plans for photochemically reactive organic materials shall
              invoke them for Stage II, and

         (c)  Section VI,  E, 2 shall be invoked, and

         (d)  The Department shall invoke traffic control plan for Stage II,
              and

         (e)  Gasoline sales and the unnecessary filling of storage tanks
              with reactive organic materials shall be prohibited between
              6:00 A.M. and 12:00 Noon.

         (f)  All persons  shall  limit use of motor vehicles by increasing
              the use of public transportation and car pools and the elimi-
              nation of unnecessary operation.  Information shall be given
              to the public as to which roads and areas of the City are to
              be particularly avoided.

         (g)  Sensitive individuals shall minimize exposure to the outside
              atmosphere.

    (3)  During Emergency Conditions:

         (a)  All persons  shall  continue those actions for Stage II high
              oxidant concentrations, and in addition

         (b)  Businesses and other establishments with emission reduction
              plans for photochemically reactive organic materials shall
              invoke them for the Emergency Condition, and
                                 -81-

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                       (c)   Businesses and other establishments  shall  discontinue opera-
                            tion and send personnel  home until the  Emergency Condition  1s
                            over.   Exceptions  are listed for exemption on  the contingency
                   -         plan,  and

                       (d)   Section VI, E, 3., shall  be  Invoked,  and

                       (e)   The Department shall  Invoke  the  traffic control  plan  for  the
                            Emergency Condition.

                       (f)   All persons shall  limit  use  of motor  vehicles  to emergency
                            needs  only.  Exceptions  are  listed for  exemption in the con-
                            tingency plan.

                       (g)   All persons will minimize exposure to the  outside atmosphere.

(2.0)    Section VII  -  Severability

              The provisions of this Regulation  are  severable and if any provision, sen-
         tence,  clause, section or part thereof  shall be held Illegal,  invalid, uncon-
         stitutional  or Inapplicable to any person or circumstance, such Illegality,  in-
         validity, unconstitutionally, or inapplicability shall  not affect  or impair any
         of the  remaining provisions,  sentences,  clauses,  section or part  of the  ordi-
         nance of their application to him or  to other persons and  circumstances.  It is
         hereby  declared to  be  the legislative intent that these  Regulations  would have
         been  adopted 1f such illegal, invalid or unconstitutional  provision,  sentence,
         clause  or part had  not been Included  therein, and if the person or  circumstances
         to which the ordinance or any part thereof  1s inapplicable had not  specifically
         been  exempted  therefrom.

(2.0)    Section VIII - Effective  Date

              This Regulation shaM  become  effective  upon  adoption.-

                                            TABLE 1

                     Minimum Abatement Strategies for Emission Reduction Plans

                                        Stage  I  Condition

              Source  of Air  Pollution                         Control Action
             Oil  or  Coal-fired electric
             generating facilities.
a.  Maximum utilization of mid-day (12 Noon
    to 4 P.M.) atmospheric turbulence for
    boiler lancing and soot blowing.

b.  Substantial reduction of fuel  burning
    by diverting electric power generation
    to facilities outside of the area.
                                              -82-

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     Source of A1r Pollution
                                                 Control Action
2.
3.
Oil or Coal-fired process
steam generating facilities,
a.  Maximum utilization of mid-day (12 Noon
    to 4 P.M.) atmospheric turbulence for
    boiler lancing and soot blowing.

b.  Substantial reduction of steam load
    demands consistent with continuing
    plant operations.

c.  Maximum reduction of the use of elec-
    trical devices.

a.  Substantial reduction of air pollutant
    emissions from manufacturing operations
    by curtailing, postponing, or deferring
    productions and all operations.

b.  Maximum reduction by deferring the
    operation of trade waste disposal opera-
    tions which emit solid particles, gas
    vapors or malodorous substances.

c.  Maximum reduction of heat load demands
    for processing.

d.  Maximum utilization of mid-day (12 Noon
    to 4 P.M.) atmospheric turbulence for
    boiler lancing or soot blowing.

e.  Maximum reduction of the use of elec-
    trical devices.
                                    TABLE II

            Minimum Abatement Strategies for Emission Reduction Plans
Manufacturing, .industries of
the following-classifications:

  Primary Metals
  Petroleum Refining
  Chemical
  Mineral Processing
  Paper and Allied Products
  Grain
                               Stage II Condition
     Source of Air Pollution

    Oil  or Coal-fired electric
    power generating facilities,
                                                 Control  Action
    Oil  or Coal-fired process
    steam generating facilities,
                                  a.  Maximum utilization of mid-day (12 Noon
                                      to 4 P.M.) atmospheric turbulence for
                                      boiler lancing and soot blowing.

                                  b.  Maximum reduction of fuel  burning by
                                      diverting electric power generation to
                                      facilities outside of the area.

                                  a.  Maximum utilization of mid-day (12 Noon
                                      to 4 P.M.) atmospheric turbulence for
                                      boiler lancing and soot blowing.
                                      -83-

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3.
Manufacturing industries of
the following classifications:

  Petroleum Refining
  Chemical  >
  Primary Metals
  Glass
  Paper and Allied Products
Source of Air Pollution                         Control  Action

                                 b.   Substantial  reduction of steam load
                                     demands consistent  with continuing
                                     plant operations.

                                 c.   Maximum reduction of the use of elec-
                                     trical devices.

                                 a.   Maximum reduction of air pollutant
                                     emissions  from manufacturing opera-
                                     tions by,  if necessary, assuming
                                     reasonable economic hardships by post-
                                     poning production and allied opera-
                                     tion.

                                 b.   Maximum reduction by deferring the
                                     operation  of trade  waste disposal
                                     operations which emit solid particles,
                                     gases, vapors, or malodorous sub-
                                     stances.

                                 c.   Maximum reduction of heat load de-
                                     mands for  processing.

                                 d.   Maximum utilization of mid-day (12 Noon
                                     to 4  P.M.) atmospheric turbulence  for
                                     boiler lancing or soot blowing.

                                 e.   Maximum reduction of the use of elec-
                                     trical  devices by assuming reasonable
                                     economic hardship.

                              TABLE  III

       Minimum Abatement  Strategies  for Emission  Reduction  Plans
                          Emergency Condition
 Source of Air Pollution
                                                     Control  Action
1.
Oil or Coal -fired electric
power generating facilities.
                                     Maximum utilization  of mid-day  (12  Noon
                                     to  4  P.M.)  atmospheric turbulence for
                                     boiler lancing  or  soot blowing.

                                     Maximum reduction  of fuel  burning by
                                     diverting electric power generation
                                     to  facilities outside of Emergency
                                     area.
                                  -84-

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     Source of Mr Pollution
                                                     Control  Action
2.  011 or Coal-fired process
    steam generating facilities,
3.  Manufacturing industries of
    the following classifications;

      Primary Metals
      Petroleum Refining
      Chemical
      Mineral Processing
      Grain
      Paper and Allied Products
                                      a.   Maximum reduction of fuel  burning by
                                          reducing heat and steam demands to
                                          absolute necessities consistent with
                                          preventing equipment damage.

                                      b.   Maximum utilization of mid-day (12 Noon
                                          to 4 P.M.) atmospheric turbulence for
                                          boiler lancing and soot blowing.

                                      c.   Maximum reduction of the use  of elec-
                                          trical devices without causing physical
                                          injury to persons.

                                      a.   Elimination of air pollutant  emissions
                                          from manufacturing operations by ceas-
                                          ing, curtail ing* postponing or defer-
                                          ring production and allied operations
                                          to the extent possible without causing
                                          physical injury to persons

                                      b.   Elimination of air pollutant  emissions
                                          from trade waste disposal  processes
                                          which emit solid particles, gases,
                                          vapors or malodorous substances.

                                      c.   Maximum reduction of heat load demands
                                          for processing.

                                      d.   Maximum utilization of mid-day (12 Noon
                                          to 4 P.M.) atmospheric turbulence for
                                          boiler lancing or soot blowing.

                                      e.   Maximum reduction of the use  of elec-
                                          trical devices.

                                    TABLE IV

                   Emergency Business and Establishment List

1.  All construction work except that which must proceed to avoid imminent physi-
    cal harm to persons.

2.  All manufacturing establishments.

3.  All wholesale trade establishments, i.e., places of business primarily en-
    gaged in selling merchandise to retailers, or industrial, commercial, insti-
    tutional or professional users, or to other wholesalers, or acting  as agents
    in buying merchandise for or selling  merchandise to such persons or compan-
    ies, except those engaged in the distribution of drugs, surgical supplies and
    food.
                                      -85-

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         4.   All  offices of  local, county and State government Including authorities,
             joint  meetings, and other public bodies excepting such agencies which are
             vital  for  public safety and welfare and the enforcement of the provisions
             of this  Regulation.

         5.   All  retail trade establishments except pharmacies, surgical supply distrib-
             utors, and stores  primarily engaged in the sale of food.

         6.   Banks, credit agencies, securities and commodities brokers, dealers, ex-
             changes  and services;  offices of insurance carriers, agents and brokers,
             real estate offices.

         7.   Wholesale  and retail laundries, laundry services and cleaning and dyeing
             establishments;  photographic studies, beauty shops, barber shops.

         8.   Advertising offices;  consumer credit reporting, adjustment and collection
             agencies;  duplicating, addressing, blueprinting;  photocopying, mailing,
             mailing  list and stenographic services;  equipment rental services, com-
             mercial  testing laboratories.

         9.   Automobile repair  and service garages.

        10.   Establishments  rendering amusement and recreational services including mo-
             tion picture theaters.

        11.   Elementary and secondary schools, colleges, universities, professional
             schools, junior colleges, vocational schools, and public and private librar-
             ies.

                                          REGULATION. V

(50.4)                            REGULATION FOR AIR MANAGEMENT
                CONTROL OF EMISSIONS OF ORGANIC SUBSTANCES FROM STATIONARY SOURCES

(1.0)     Section  I  -  Definitions

         Architectural  Coating

              Any coating used  for residential, commercial or industrial buildings and
         their appurtenances.

         Kerosine

              Any petroleum hydrocarbon which when distilled by ASTM standard test method
         D 86-67  will give a temperature of 401°F or less at 10 percent point recovered.

         Oil-Effluent Water Separator

              Any tank, box, sump, or other container or group of such containers in
         which any  organic material floating on, or entrained, or contained in water
         entering such  containers is physically separated and removed from such water
         prior to the exit from the container of such water.
                                              -86-

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 rganic Material

     Chemical compounds of carbon excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbonates, metallic carbides and ammonium carbonates.

Organic Solvent

     An organic material which is liquid at standard conditions and which is
used as a dissolver, viscosity reducer or cleaning agent.

Photo°Reactive Organic Material

     Any organic material which will react with oxygen, excited oxygen, ozone
and/or other free radicals generated by the action of sunlight on components in
the atmosphere giving rise to secondary contaminants and reaction intermediates
in the atmosphere which can cause detrimental effects.

Photochemically Reactive Organic Materials

     A photochemically reactive organic material is:

     (T)  Any combination of hydrocarbons, alcohols, aldehydes, esters or ketones
          having an olefinic or cyclo-olefinic type of unsaturation comprising
          5 percent or more by volume of the organic material, or

     (2)  Any combination of aromatic compounds with eight or more carbon atoms
          to the molecule except ethyl benzene comprising 8 percent or more by
          volume of the organic material, or

     (3)  Any combination of ethylbenzene, ketones having branched hydrocarbon
          structures, trichloroethylene, or toluene comprising 20 percent or
          more by volume of the organic material, or

     (4)  Any combination of any of the above mentioned chemical compounds com-
          prising 20 percent or more by volume of the organic material.

Reid Vapor Pressure

     Reid Vapor Pressure (RVP) is the absolute pressure in pounds per square
inch determined at 100°F and v/1 = 4 (ratio of vapor volume to liquid volume,
as defined in ASTM designation D 323-58) by using apparatus and procedures as
standardized under the auspices of the American Society for Testing Materials.

Submerged Fill Pipe

     Any fill pipe0 the discharge opening of which is submerged when the liquid
level is 6 inches above the bottom of the tank.
                                       -87-

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(51.16)  Section II - Storage Tank

             A.  No person shall  place or store in any stationary storage tank or con-
                 tainer of 40,000 gallon capacity or greater,  any organic material  hav-
                 ing a vapor pressure of 1.5 pounds per square Inch absolute or greater
                 at actual storage conditions unless one of the following organic mate-
                 rial vapor control devices properly installed and well  maintained is in
                 operation:

                 (1)  A floating roof resting on the surface of the liquid contents
                      equipped with a closure seal, or seals,  to close the space between
                      the roof edge and tank wall, and in addition, all  tank gauging and
                      sampling devices shall be gas-tight except when in use, or

                 (2)  A pressure tank system maintaining a pressure at all times so as to
                      prevent organic material loss to the atmosphere, or

                 (3)  A vapor recovery system capable of collecting the organic materials
                      emitted from the tank and disposing of these emissions so as  to
                      prevent their emission to the atmosphere, and In addition, all
                      tank gauging and sampling devices shall  be gas-tight except when in
                      use, or

                 (4)  Other equipment equal or greater in efficiency to those devices
                      listed above, and approved by the Department.

             B.  No person shall  place, or store in any stationary storage tank or con-
                 tainer of 40,000 gallon capacity or greater,  any organic material  hav-
                 ing a vapor pressure of 11.0 pounds per square inch absolute or greater
                 at actual storage conditions unless one of the following organic mate-
                 rial vapor control devices properly installed and well  maintained, is
                 in operation:

                 (1)  A pressure tank system maintaining a pressure at all times.so as to
                      prevent organic material loss to the atmosphere, or

                 (2)  A vapor recovery system capable of collecting the organic materials
                      emitted from the tank and disposing of these emissions so as  to
                      prevent their emission to the atmosphere, and in addition, all  tank
                      gauging and sampling devices shall be gas-tight except when in  use,
                      or

                 (3)  Other equipment equal or greater in efficiency to those devices
                      listed above, and approved by the Department.

(51.16)  Section III.  Oil-Effluent Water Separator

             No person shall use any compartment of any single or multiple compartment
        oil-effluent water separator which may receive 200 gallons a day or more of or-
        ganic materials or mixture of organic materials consisting of kerosine or more
        volatile organic materials unless one of the following organic material  vapor
                                               -88-

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         control  devices  properly  Installed  and well maintained,  1s  1n operation:

              (1)   A  solid  cover sealed and  totally enclosing  the liquid contents, and  in
                •  addition,  all gauging  and sampling devices  shall  be gas-tight except
                   when  in  use, or

              (2)   A  floating roof resting on the  surface  of the  liquid contents equipped
                   with  a closure  seal or seals to close the space between  the  roof  edge
                   and walls,  and in addition, all  tank  gauging and sampling devices  be
                   gas-tight  except when  in  use, or

              (3)   A  vapor  recovery system capable of collecting  the organic materials
                   emitted  from the separator and  disposing  of these emissions  so as to
                   prevent  their emission to the atmosphere, and  in  addition, all tank
                   gauging  and sampling devices shall be gas-tight except when  in use,  or

              (4)   Other equipment equil  or  greater In  efficiency to those  devices listed
                   above„ and approved by the Department.

(2.0)     Section  IV.  Pumps and Compressors

              All  pumps  handling organic  materials having  a  vapor pressure  of 1.5 pounds
         per square inch absolute  or greater at ambient conditions and compressors in
         organic  material service  shall have mechanical seals, or other components of
         equal  or greater efficiency approved by the Department.

(51.16)   Section  V.  Organic  Material Loading

              A.   No  person shall  load any organic material  having a Reid vapor pressure
                  of  4.0 pounds or greater into any tank truck, tank car, or trailer from
                  any loading facility from  which  20,000 gallons  or  more of such organic
                  material  are loaded 1n  any one day from  this facility unless  this  facil-
                  ity is equipped  with a  vapor recovery system properly installed, well
                  maintained, in operation,  and approved by  the Department. Such a  vapor
                  recovery  system  shall be capable of collecting  the organic materials
                  emitted from the filling operation and disposing of these emissions so
                  as  to  prevent their release to the atmosphere.   All loading connections
                  in  the system shall be  equipped  with  fittings which shall be  vapor
                  tight  and will automatically and immediately close upon disconnection so
                  as  to  prevent organic material emissions from these fittings.

                  This section shall not  apply to  the loading  of  fuel tanks of  motor vehi-
                  cles as defined  by the  Pennsylvania Department  of  Transportation.

              B.   No  person shall  load or permit the loading of any  organic material  having
                  a Reid vapor pressure of 4.0 pounds or greater  from any tank  truck, tank
                  car or trailer into a stationary tank with a capacity of  250  gallons  or
                  more except through a permanent  submerged  fill  pipe unless the tank is
                  equipped  with an approved  vapor  control  system  as  described in Section
                  II.
                                                -89-

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                  This section shall not apply to the loading of such organic materials
                  into any tank having a capacity of less than ?,000 gallons which was
                  installed underground prior to the date of adoption of this Regulation.

(50.4)   Section VI.  Organic Solvents

              A.  No person shall discharge any organic material into the atmosphere or
                  into any building or other enclosure in any one day from any machine,
                  equipment or device in which any organic solvent or solvent containing
                  material is in direct contact with a flame or is baked, heat-cured or
                  heat polymerized in the presence of oxygen unless this discharge does
                  not exceed 15 pounds per day or is reduced by at least 85 percent over-
                  all.

              B.  No person shall discharge any organic material into the atmosphere or
                  into any building or other enclosure in any one day from any machine,
                  equipment or device not specifically defined in Section VI A. used for
                  employing, applying, evaporating or drying any photochemical^ reactive
                  organic solvent as defined in Section I or material containing such
                  solvent unless this discharge does not exceed 40 pounds per day or is
                  reduced by at least 85 percent overall.

              C.  This section shall not apply to the employment, application, evaporation
                  or drying of saturated halogenated hydrocarbons or perchloroethylene.

(50.4)    Section VII.  Processing of Photochemlcally Reactive Organic Materials

              No person shall  discharge any organic material into the atmosphere or into
         any building or other enclosure in any one day from any machine, equipment or
         device not specifically defined in Section VI A. used in the processing and/or
         manufacturing of photochemically reactive organic material as defined in Section
         I or substance containing such photochemically reactive organic material unless
         this discharge does not exceed 40 pounds per day or is reduced by at least 85
         percent overal1.

(50.4)    Section VIII.  Architectural Coatings

              No person shall  sell or offer for sale, employ, apply or evaporate in the
         City of Philadelphia  any architectural  coating purchased in a quantity of one
         gallon or more containing a photochemically reactive solvent as defined in
         Section I.

              No person shall  thin or dilute any architectural  coating for use in the City
         of Philadelphia, with a solvent containing a photochemically reactive solvent as
         defined in Section I  1n any quantity.

              All  containers of architectural  coatings sold, employed, applied or evapor-
         ated in the City of Philadelphia purchased in a quantity of one gallon or more
         containing any approved solvent shall be labeled to indicate compliance with
         this Regulation.
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(51.16)   Section IX.   Disposal  of Solvents

              No person shall  during any one day dispose  of a  total  of more  than  5  gallons
         of any photochemically reactive solvent as  defined in Section I  by  any means
         which will  permit evaporation  of such  solvent into the atmosphere.

(50.6)   Section X.   Odors

              Where  organic materials referred  to in this regulation are  odorous, the
         emissions of such materials shall  be in compliance with this regulation  and,  in
         addition, shall  be controlled  as required to prevent  any odor nuisance they might
         create.

(5U2)   Section XL   Radioactive and Toxic Organic  Materials

              Where  organic materials referred  to in this regulation are  radioactive or
         toxic in nature, additional requirements may be  imposed by  the Department  to
         reduce continuous and periodic emissions to levels necessary to  prevent  a  health
         hazards, and to prevent the accidental  release of such materials  into  the atmos-
         phere.

(2.0)    Section XII.  Circumvention

              No person shall  build, erect, install  or use any article, machine,  equipment
         or other contrivance, the sole purpose of which  is to dilute or  conceal  an
         emission without resulting in  a reduction in the total  release of air contamin-
         ants to the atmosphere.

(2oO)    Section XIII.  Severability

              The provisions of this regulation are  severable  and if any  provision, sen-
         tences clause, section or part thereof shall  be  held  illegal, invalid, unconsti-
         tutional or inapplicable to any person or circumstance:  such illegalitys  invalid-
         ity B unconstitutionality, or inapplicability shall not affect or impair  any of
         the remaining provisions, sentences, clauses, section or part of the  ordinance
         or their application to him or to  other persons  and circumstances.   It is  hereby
         declared to be the legislative intent  that  these regulations would  have  been
         adopted if  such illegal, invalid,  or unconstitutional provision, sentence, clause
         or part had not been included  therein, and  if the person or circumstances  to
         which the ordinance or any part thereof is  applicable had not specifically been
         exempted therefrom.

(2.0)    Section XIV.  Effective Date

              Except as otherwise provided, these regulations  shall  become effective upon
         adoption.  The owner of any source of  emission,  in existence or  under construct-
         ion at the  time of adoption, shall notify the-Department within  six months from
         the effective date, by an approved compliance schedule filed, of his  intent to
         discontinue any operations or activities which cause  any emissions  that  result
         in an emission in violation of these regulations or to control such emission  to
         the extent  required by these regulations, or that the emission is in  compliance.
         Within a period of eighteen months from the effective date, compliance shall  ba
                                                -91-

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I                obtained at all sources of emission within the scope of this regulation.
I
                    ...                    REGULATION VIII

j    (50.5)           CONTROL OF EMISSIONS OF CARBON MONOXIDE FROM STATIONARY SOURCES

    (1.0)    Section I - Definitions

             Stationary Source

.                  Any building, structure, facility, or installation which is fixed in a cer-
|             tain place or position which emits or may emit any air contaminants.

I             Person

!                  Any individual, natural person, syndicate, association, partnership, firm,
             corporation,  institution, agency, authority, department, bureau, or instrumen-
             tality of federal, state, or local government or other entity recognized by law
^             as a subject  of rights and duties.

j    (2.0)    Section II -  General
t
•                  No person shall emit carbon monoxide gases generated during the operation of
s             the following sources unless the gases are incinerated at a temperature of not
I             less than 1400 degrees Fahrenheit for a period of not less than 0.5 seconds or
'             are controlled by means of equal or greater efficiency:

I                  (1)  Gray iron cupola furnace, or

;                  (2)  Blast furnace, or

                  (3)  Basic oxygen steel furnace, or

'                  (4)  Catalyst regeneration of a petroleum cracking system, or

,                  (5)  Petroleum fluid coker, or

'                  (6)  Other stationary sources emitting Carbon Monoxide (CO) in a concentra-
!                       tion greater than one (1) percent by volume in the exhaust gases.

i    (9.0)    Section III - Equipment Monitoring

                  An instrument or instruments for continuously monitoring and/or recording
             emissions of  carbon monoxide or process parameters well maintained, in operation,
J             and approved  by the Department shall be installed at all sources governed by
i             this Regulation when required by the Department.

<    (2.0)    Section IV -  Circumvention
4
                  No person shall build, erect, install or use any article, machine, equipment
;             or other contrivance, the sole purpose of which is to dilute or conceal an emis-
             sion without  resulting in a reduction in the total release of air contaminants to
!             the atmosphere.
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(2.0)     Section V - Severability

              The provisions of these regulations  are  severable  and  if any  provision,  sen-
         tences  clause,  section or part thereof shall  be  held  illegal,  invalid,  unconsti-
         tutional or inapplicable to any person or circumstances,  such  illegality,  invalid-
         ity,  unconstitutionality or Inapplicability shall  not affect  or  impair  any of
         the remaining provisions, sentences,  clauses,  sections  or parts  of the  ordi-
         nance or their application to him or  to other persons and circumstances.   It  is
         hereby declared to be  the legislative intent  that  these regulations would  have
         been  adopted if such illegal, invalid, or unconstitutional  provision, sentence,
         clause or part had not been included  therein,  and  if  the  person  or circumstances
         to which the ordinance or any part thereof is  inapplicable  had not specifically
         be exempted therefrom.

(2.0)     Section VI - Effective Date

              Except as  otherwise provided, this Regulation shall  become  effective  upon
         adoption.   The owner of any source of emission,  in existence or  under construct-
         ion at the time of adoption, shall notify the  Department  within  three months
         from  the effective date, by an approved compliance schedule, filed,  of his  in-
         tent  to discontinue any operations or activities which  cause any emissions that
         result in an emission  in violation of these regulations or  to  control such emis-
         sion  to the extent required by these  regulations,  or  that the  emission  1s  in
         compliance.  Within a  period of eighteen  months  from  the  effective  date, com-
         pliance shall  be obtained at all  sources  of emission  within the  scope of this
         regulation.

(50.1.2)                                  REGULATION IX
(12.0)
                        CONTROL OF VISIBLE EMISSIONS FROM MOBILE SOURCES

(1.0)     Section I  - Definitions

         Air Contaminants

              Any smoke, soot,  flyash, dust, cinders, dirt,  noxious  or  obnoxious acids,
         fumes,,  oxides,  gases,  mists, aerosols, vapors, odors, toxic or radioactive sub-
         stances, waste, particulate, solid, liquid or  gaseous matter,  or any other mate-
         rials in the outdoor atmosphere.

         Diesel  Powered  Motor Vehicle

              A self propelled  vehicle designed for transporting persons  or  property
         which is propelled by  a compression ignition type  of  internal  combustion en-
         gine.

         Gasoline Powered Motor Vehicle

              A self propelled  vehicle designed primarily for  transporting  persons  or
         property which  1s propelled by a  thermal  ignition  type  of internal combustion
         engine, using gasoline as the fuel.
                                               -93-

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         Motor Vehicle

              All  vehicles  propelled other than  by muscular power except such  vehicles  as
         run only  on rails  or tracks.

         Opacity

              The  property  of a  substance  which  renders  it  partially  or  wholly obstructive
         to the transmission  of  visible  light  expressed  as  a percentage  to which  the  light
         is obstructed.

         Person

              Any  individual, natural  person,  syndicate, association,  partnership,  firm,
         corporation, institution,  agency, authority,  department,  bureau, or instrumental-
         ity of Federal,  State,  or  local government or other entity recognized by law as
         a subject of rights  and duties.

(12.0)    Section II - Standard of Emissions

              A.   No person shall permit,  cause,  suffer, or allow  the  discharge into  the at-
                  mosphere  of a  visible  emission  of air  contaminants except uncombined
                  water from  a gasoline  powered motor  vehicle at any time, except for
                  three  (3) consecutive  seconds after  starting the engine.

              B.   No person shall permit,  cause,  suffer  or  allow the discharge into the
                  atmosphere  of  a visible  emission of  air contaminants except  uncombined
                  water from  a diesel  powered  motor vehicle at any time, except for
                  three  (3) consecutive  seconds after  starting the engine, except as
                  otherwise provided 1n  Section  II, Part C  of this Regulation.

              C.   No person shall permit,  cause,  suffer, or allow  the  discharge into  the
                  atmosphere  of  a visible  emission of  air contaminants except  uncombined
                  water from  a diesel  powered  motor vehicle except for a period of  less
                  than five (5)  consecutive seconds while in motion.

              D.   No person shall permit,  cause,  suffer  or  allow the discharge into the
                  atmosphere  of  a visible  emission of  air contaminants except  uncombined
                  water in  excess of 20  percent opacity  from a motor vehicle at any time.

              E.   Persons certified by the Department  may make observations to determine
                  compliance  with Section  II,  Part D of  this Regulation without direct
                  reference to standards.

(2.0)     Section III - Circumvention

              No person shall  build, erect, install  or use  any article, machine,  equipment
         or other  contrivance, the  sole  purpose of which 1s to dilute  or conceal  an emis-
         sion without resulting  in  a reduction in the  total  release of air contaminants to
         the atmosphere.
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(2.0)     Section IV -  Severability

              The provisions  of these  regulations  are  severable and if any provision,
         sentence, clause,  section  or  part  thereof shall  be  held  illegal, invalid, un-
         constitutional  or  inapplicable  to  any  person  or  circumstances, such  illegality,
         invalidity9 unconstitutionality or inapplicability  shall not affect  or  impair
         any of the remaining provision, sentences, clauses,  sections or parts of the
         ordinance or  their application  to  him  or  to other persons and circumstances.   It
         is  hereby declared to be the  legislative  intent  that these regulations  would
         have been adopted  if such  illegal, invalid or unconstitutional provision, sen-
         tence, clause or part had  not been included therein, and if the person  or circum-
         stances to which the ordinance  or  any  part thereof  is inapplicable had  not
         specifically  been  exempted therefrom.

(2.0)     Section V - Effective Date

              Except as  otherwise provided, this regulation  shall become effective upon
         adoption.

(10.0)                                    REGULATION X

                                    COMPLEX SOURCE REVIEW'

 (1.0)    Section I - Definitions
         Complex Source

              A facility, building, structure or installation, or combination thereof, that
         has or leads  to secondary  or  adjunctive activity which emits or may  emit a pol-
         lutant for which there is  a national ambient  air quality standard.   These sources
         include, but  are not limited  to:

              (1)  Shopping Centers;

              (2)  Sports complexes;

              (3)  Drive-in theaters-,

              (4)  Parking  lots and garages;

              (5)  Residential, commercial, industrial, and  institutional developments;

              (6)  Amusement  parks  and recreational areas;

              (7)  Highway  and transportation facilities;

              (8)  Sgwer0 water, power,  and gaslines,  and

              (9)  Other such facilities which  will result in increased emissions from
                   motor vehicles or stationary sources.
                                               -95-

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             National  Ambient A1r Quality Standards

                  Those primary and secondary ambient air quality standards which are promul-
             gated by the Administrator of the United States Environmental  Protection Agency.

             Person

                  Any Individual, natural  person,  syndicate, association,  partnership, firm,
             corporation, institution,  agency, authority, department,  bureau,  or instrumen-
             tality of federal, state,  or local  government or other entity recognized by  law
             as a subject of rights and duties.

             Philadelphia CBD

                  The area within the City of Philadelphia bounded by  but  not  Including,  Vine
             Street, South Street, the  Schuylklll  River,  and the  Delaware  River.

    (2.0)    Section II - General Provisions

                  A.  No person shall construct, reconstruct, alter or install  any complex
                      source, except as provided 1n Section II B.  before obtaining written
                      approval  from the Department for such construction,  reconstruction,
                      alteration or installation.

                  B.  The requirements  of Section  II A. shall  not apply to  the  following
                      complex sources:

I                      (1)  Commercial or industrial  facilities with gross  leasable area or
1                           floor space  less than 500,000  square feet;
t
!                      (2)  New or modified parking facilities within the Philadelphia CBD
j                           with total capacity of  less than 250 motor  vehicles  and new or
•                           modified parking facilities outside of the  CBD with  total  capaci-
j                           ty of less than 500 motor vehicles;

!                      (3)  Facilities of less than one hundred (100) dwelling  units or groups
                           of facilities of less than one hundred dwelling  units;

:                      (4)  Such other complex sources as  the Department determines to have
i                           negligible air quality  Impact.
j
I                  C.  Nothing contained in this  Section shall  be  taken to excuse  or relieve
!                      any person from complying with any  applicable provision of  the  Air Man-
;                      agement Code or any regulation adopted thereunder.

    (2.0)    Section III - Air Quality  Impact Review

                  A.  Request for Approval

)                      Request for approval  to construct,  reconstruct,  alter or  install any
I                      complex source shall  be made to the Department by the person responsible
                      for such source and  shall  include submission of  an air quality  impact
                                                    -96-

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    statement sufficiently detailed to show all  actual  and potential  Im-
    pacts on the existing air quality resulting  directly, or indirectly,
    from the facility at the site, and in the area, neighborhood and  -re-
    gion.

B.  Review Procedures

    (1)  The Department shall establish procedures and guidelines for use
         in the preparation, submission and review of air quality impact
         statements and shall prescribe the information to be supplied in
         order to determine the effect of the complex source on air qual-
         ity.

    (2)  Information to be given in the statement shall include, but  not be
         limited to, the following:

         (a)  Location and general description of the proposed facility or
              project.

         (b)  Information on the nature, design, construction and operation
              of the facility.

         (c)  Information on the transportation  related aspects of the
              project Including mass transit, traffic patterns and parking
              facilities.

         (d)  The nature and amounts of air contaminants to be emitted di-
              rectly from the facility or emitted by associated mobile
              sources.

         Any additional Information, evidence or documentation that the
         Department may require shall be furnished upon request.

    (3)  The Department shall make available for public inspection inform-
         ation submitted by the person responsible for the proposed project
         or facility, as well as the Department's analysis of the effect on
         air quality and proposed approval or disapproval, and provide a
         period of at least thirty (30) days after prominent advertisement
         for the submlttal of public comment.

C.  Conditions of Approval

    (1)  Approval to construct, reconstruct, alter or install any complex
         source shall be granted only upon demonstration to the satisfac-
         tion of the Department that such source will not violate any pro-
         vision of the Air Management Code or Regulations of the Air  Pol-
         lution Centre! Board or prevent or interfere with the attainment
         or maintenance of any national ambient  air quality standard  in
         the neighborhood, area or region.

    (2)  Such approval shall not exempt any person from prosecution for
         violation of the Air Management Code, Regulations of the Air
                                  -97-

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'                           Pollution Control Board or any applicable laws of the Commonwealth
I                           of Pennsylvania or the United States Government.

1    (2.0)    Section IV - Severability

|                  The provisions of these Regulations are severable and if any provision,
             sentence, clause, section or part thereof shall be held illegal, invalid, un-
3             constitutional or inapplicable to any person or circumstances, such illegality,
;             invalidity, unconstitutionality or inapplicability shall not affect or impair
i             any of the remaining provisions, sentences, clauses, sections or parts of the
             ordinance or their application to him or to other persons and circumstances.
             It is hereby declared to be the legislative intent that these regulations would
             have been adopted if such illegal, Invalid or unconstitutional provision, sen-
'             tence, clause or part had not been Included therein, and 1f the person or cir-
1             cumstances to which the ordinance or any part thereof 1s Inapplicable had not
]             specifically been exempted therefrom.

j    (2.0)    Section V - Effective Date
j
!                  Except as otherwise provided, this Regulation shall become effective upon
i             adoption.

j    (51.9)                                    REGULATION XI

!                                  CONTROL OF EMISSIONS FROM INCINERATORS

    (1.0)    Section I - Definitions

             Batch Incineration

;                  A batch incineration is one in which refuse is charged, burned, and residue
             removed in sequence prior to re-charging of any additional  refuse to the incin-
             erator.

             Continuous Incineration

                  A continuous incineration operation is one in which the charging of refuse
             and burning shall occur simultaneously and continuously, and removal of residue
             may occur simultaneously and continuously.

;             Department

                  The Department of Public Health of the City of Philadelphia or any duly
j             authorized representative thereof.

:             Flyash

                  Particulate matter capable of being gasborne or airborne and consisting
':•            essentially of fused ash and/or burned or unburned material.
                                                    -9ft-

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Garbage

     Animal and vegetable material or direct derivatives of animal or vegetable
material waste matter.

Incinerator

     All devices intended or used for the destruction of rubbish, garbage, de-
bris, scrap, human and animal remains, other refuse, or other combustible mate-
rials by means of burning of extraneous materials.

Odor

     Smells or aromas which are unpleasant to persons, or which tend to lessen
human food and water intake, interfere with sleep, upset appetite, produce irri-
tation of the upper respiratory tract, or create symptoms of nausea, or which
by their inherent chemical or physical nature, or method or processing, are or
may be detrimental or dangerous to health.  Odors and smell are used herein
interchangeably.
                        /
Multiple Chambers

     Two or more areas or sections In an incinerator of which one is for the
primary combustion of refuse and another for secondary combustion of materials
from the primary combustion chamber.

Opacity

     The property of a substance which renders it partially or wholly obstruc-
tive to the transmission of visible light expressed as a percentage to which
the light 1s obstructed.

Particulate Matter

     Any material, except uncomblned water, that exists in a finely divided
form as a liquid or solid at standard conditions.

Person

     Any individuals natural persons syndicate, association, partnership,  firm,
corporation, Institution, agency,, authority, department, bureau,  or instrumen-
tality of federal, state or local government or other entity recognized by law
as a subject of rights and duties.

Standard Conditions

     A gas temperature of 60 degrees Fahrenheit and a gas pressure of 14.7
pounds per square inch absolute.  •

Standard Cubic Foot

     A cubic foot of gas at standard conditions.
                                       -99-

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             Type 0 Waste
j                  A mixture of highly combustible waste such as paper, cartons, or scrap
             wood containing approximately ten (10) percent on less moisture, and five (5)
i             percent or less incombustible sol Ids.  The heating value of Type 0 Waste is
I             approximately 8500 BTU per pound of waste as fired.
i
j             Type 1 Waste
i
j                  A mixture of combustible waste such as paper, cartons, or scrap wood con-
\             taining approximately ten (10) to twenty five (25) percent moisture, and ten
             (10) percent or less incombustible solids.  The heating value of Type 1  Waste
             is approximately 6500 BTU per pound of waste as fired.

I             Type 2 Waste  '                   .
!
!                  A mixture of approximately equal amounts, by weight, of rubbish and gar-
j             bage containing approximately fifty (50) percent or less moisture and approxi-
]             mately seven (7) percent or less Incombustible solids.  The heating value of
i             Type 2 Waste is approximately 4300 BTU per pound waste as fired.
i
'             Type 3 Waste
j              It f -_--•_  . — • ..._._-- T ..

!                  Garbage wastes containing approximately seventy (70) percent or less
j             moisture  and approximately five (5) percent or less incombustible solids.  The
i             heating value of Type 3 Waste is approximately 2500 BTU per pound waste  as
1             fired.

             Type 4 Waste

                  Human and animal remains consisting of carcasses, organs, other body parts
             and solid organic wastes containing approximately eighty-five (85) percent or
             less moisture and five (5) percent or less of incombustible solids.  The heat-
             ing value of Type 4 Waste is approximately 1000 BTU per pound waste as fired.

             Type 5 Waste

                  Liquid  or semi-liquid by-product combustible waste such as tar, paint,  sol-
             vents and other similar materials from industrial operations.
i
             Type 6 Waste

                  Solid by-product combustible waste such as rubber, plastics, wood,  and
;'             other materials from industrial  operations.  The heating value of Type 6 Waste
;             is greater than 9500 BTU per pound of waste as fired.

    (2.0)    Section II - General Provisions

                  A.  No  person shall permit, cause, suffer or allow the installation, or
                      operation of any incinerator on or after the  date of adoption of this
                      Regulation which has a burning rate of less than 10,000 pounds  per
                      hour, and is intended to,  or does incinerate  Types 0, 1 or 2 wastes,

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                                                                               '*jdLZ ^^--^^-^ ••'saiag-.'rjfeaj.vs*
                  except as a replacement of similar capacity to an existing,  operating
                  Incinerator at the same location.

              B.   All  Incinerators shall  be equipped with multiple chambers, an auxil-
                  iary heat source, and suitable controls, as required by the  Department.

              C.   All  Incinerators Installed prior to the date of adoption of  this Regu-
                  lation, having a burning rate exceeding 10,000 pounds per hour,  shall
                  be in compliance with this Regulation by May 19, 1974.

(50.0)    Section  III - Emission Limitations

              A.   Particulate Matter

                  (1)   No person shall  permit, cause, suffer, or allow the discharge into
                       the atmosphere of particulate matter from any incinerator instal-
                       led after the date of adoption of this Regulation  in excess of
                       0.08 grains per  standard cubic foot of flue gas on a dry basis
                   .   adjusted to 12%  carbon dioxide (COg) as measured by stack testing
                       methods approved by the Department.

                  (2)   No person shall  permit, cause, suffer, or allow the discharge into
                       the atmosphere of particulate matter from any Incinerator Installed
                       prior to the date or adoption of this Regulation in excess  of 0.10
                       grains per standard cubic foot of flue gas on a dry basis adjusted
                       to 12% carbon dioxide (C0£) as measured by stack testing methods
                       approved by the  Department.

              8.   Visible Emissions

                  (1)   No person shall  permit, cause, suffer or allow the discharge into
                       the atmosphere from any incinerator any visible emission except
                       uncombined water for a period of more than thirty (30)  consecutive
                       seconds in any one hour or an aggregate of more than three  (3)
                       minutes in any calendar day which is equal to or greater than
                       twenty (20) percent opacity,  or for any period which is equal to
                       or greater than  sixty (60) percent opacity.

                  (2)   No person shall  permit, cause, suffer or allow the discharge from
                       any Incinerator  of any visible flyash into the atmosphere.

                  (3)   Trained employees  certified by the Department may make  observa-
                       tions to determine compliance with the above provision  without
                       direct reference to standards.

(2.0)    Section  IV -  Operation

              No  person shall permit, cause, suffer or allow the operation of  an incin-
         erator unless:

              A.   It has been properly  installed and well  maintained, and
                                               -101-

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              B:   All  structural  components  and  control  equipment  are  properly Installed
                  and  well  maintained,  and

              C.   All  control  equipment 1s 1n  full  operation,  and

              D.   It Is  incinerating only those  types of waste and not more  than the
                  maximum quantity of waste  for  which it is designed,  and

              E.   It is  being  operated  by a  person  instructed  in the proper  operation of
                  the  incinerator,  and

              F.   A current operating license  has been obtained.

(3.0)     Section  V - Permits and  Licenses

              A.   Installation Permit

                  An Air Pollution  Control Installation  Permit shall be obtained prior to
                  the  Installation,  conversion,  or  alteration  of any Incinerator. Appli-
                  cation for this Permit shall be made on forms provided by  the Depart-
                  ment.   Detailed plans and  specifications shall be Included with the
                  application  form  and  shall Include but not be limited to the following
                  information:

                  (1)  The  estimated daily amount and type of  refuse to be incinerated,
                      the  basis  for this estimate, and  the design capacity  of the in-
                      cinerator.

                  (2)  Engineering  drawings  of the  Incinerator, the stack, and the charg-
                      ing  chute, and air pollution control equipment, if any.  The lo-
                      cations  of overflre and underffre air inlets shall be shown in
                      the  drawings.

                  (3)  The  location  and height of the building housing the incinerator
                      and  of  immediately surrounding buildings.

                  (4)  The  location  and details  of  the combustion air  inlets to the in-
                      cinerator  room or area, the  burners and other incinerator equip-
                      ment.

                  (5)  The  location  of  and details of all air  pollution control equip-
                      ment.

                  (6)  The  list of operating and maintenance procedures recommended by
                      the  manufacturer of the incinerator, including a statement indi-
                      eating  batch  or  continuous incinerator  operation.

              B.   License to Operate

                  (1)  The  application  for a license to  operate an incinerator shall  be
                      filed at least two weeks  1n advance of  the date of initial opera-
                      tion.   Prior  to  the operation of  the installation, the Department
                                              -102-

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                       shall  approve  or disapprove  the  application, or  notify the appli-
                       cant that the  Installation is  Incomplete with approval withheld
                       pending completion  or  that a period of demonstration or test op-
                       eration is required before approval may be granted.

                  (2)   Prior to issuance of this license  to operate, the Department shall
                       require from the owner of the  incinerator a written statement that
                       the  operator of the unit has been  properly instructed in the opera-
                       tion and maintenance of the  incinerator.

(2.0)     Section  VI  -  Circumvention

              No  person shall  build,  erect, install or  use any article, machine, equip-
         ment or  other contrivance, the sole  purpose  of which is to dilute or conceal an
         emission without resulting 1n a reduction  in the total release of air contamin-
         ants to  the atmosphere.

(2.0)     Sectiqn  Vfl - Severability

              The provisions  of these regulations are severable and if any provision,
         sentences clause,  section or part thereof  shall  be held illegal, invalid, un-
         constitutional  or  inapplicable to any person or  circumstances, such illegality,
         Invalidity, unconstitutional1ty or Inapplicability shall not affect or Impair
         any of the  remaining provisions,  sentences,  clauses, sections or parts of the
         ordinance or,their application to him or to  other persons and circumstances.  It
         1s  hereby declared to be the legislative intent  that these regulations would
         have been adopted  1f such Illegal, invalid or  unconstitutional provision, sen-
         tence, clause or part had not been Included  therein, and if the person or circum-
         stances  to  which the ordinance or any part thereof is inapplicable had not
         specifically  been  exempted-therefrom.

(2.0)     Section  VIII  - Effective Date

              Except as otherwise provided, this Regulation shall become effective upon
         adoption.
                                              -103-

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ALLEGHENY COUNTY HEALTH DEPARTMENT
      Rules and Regulations
          ARTICLE XVIII
      AIR POLLUTION CONTROL
               -104-

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(1.0)     1800    DEFINITIONS
              For the purpose of this  Article,  whenever  any of  the  following words or
         terms are used herein or 1n any action proceeding from the application of this
         Article, they shall  have the  meaning  stated  hereinafter unless  the context clear-
         ly indicates otherwise.
         Advi sory Committee
              The Allegheny County Air Pollution Control Advisory Committee as establish-
         ed in Section 1806 of this Article.
         Air Contaminant
              Any smoke,, dust, dirt, noxious or obnoxious acid,  fume,  oxide, gas, vapor
         waste, toxic waste,  particulate, pollen,  radioactive solid, liquid or gaseous
         matter, odor-producing matter, or any other  materials  in the  open air, but ex-
         cluding uncombined water.
         Air Pollution
              The presence  1n the ambient air  of one  or  more air contaminants in suffi-
         cient quantity and of such characteristics and  duration which may be expected to
         be injurious to human, plant, or animal  life, or to property, or which inter-
         feres with the comfortable enjoyment  of life and property  throughout the County
         or throughout such areas of the County as shall be affected thereby.
         Air Pollution Control Device
              Any chemical, article, machine,  equipment, or other contrivance, the use of
         which may eliminate or reduce the emission of air contaminants  into the open air.
         Air Pollution Variance Board
              The board established under the  provisions of Section 1814 of this Article.
         Ambient Air
              That portion  of the atmosphere external to buildings  to  which the general
         public has access.
         Ambient Air Quality Standards
              Ambient air quality standards as  set forth in this Article.
         Article
              Article XVIII of the Rules and Regulations of the  Allegheny County Health
         Department.
                                              -105-

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Authorized Representative

     An individual, firm, or corporation, designated by "person" as defined
herein* who has authority to act on behalf of such persons in all matters per-
taining to the Bureau of Air Pollution Control.

Best Obtainable Technology

     Equipment, devices, systems, methods, or techniques which will prevent,  re-
duce, or control emissions of air contaminants to the maximum degree possible
and which are obtainable even if such equipment, devices, methods, or techniques
are not in routine or actual use somewhere.

Board of County Commissioners

     The Allegheny County Board of Commissioners.

Board of Health

     The Allegheny County Board of Health.

Board

     The Air Pollution Variance Board.

Bureau

     Bureau of Air Pollution Control, Allegheny County Health Department.

Clean Air Act

     42 U.S.C. 1857 et seq. as amended by the Air Quality Act of 1967, P.L. 90-
148 and by the Clean~AlFAct Amendments of 1970, P.L. 91-604 and the Rules and
Regulations promulgated thereunder.

Commi ttee

     The Allegheny County Air Pollution Control Advisory Committee.

Condensed Fumes

     The resulting collection in liquid or solid form, of matter emitted in
vapor, gaseous, or particulate form, such matter resulting from sublimation,
distillation, calcination, combustion, or other chemical or physical reaction.

County

     The Couty of Allegheny.

Department

     The Allegheny County Health Department.
                                      -106-

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Director

     The Director of'the Allegheny County Health Department or his or her desig-
nated representative.

Domestic Heating Plant

     A plant generating heat for a single family residence, or for multiple-
dwelling units in which such plant serves fewer than three dwelling units.   Un-
der this designation are:  hot water heaters, stoves, and space heaters used in
connection with the foregoing establishments or to heat temporary buildings such
as those used by railroad and construction industries.  Similar equipment,  used
in multiple-dwelling units other than herein described or in permanent buildings
of commercial or industrial establishments, is not Included under this desig-
nation.
        \   \
Domestic Refuse-Burning Equipment

     Any refuse=burrnng equipment or incinerator used for a single family resi-
dence, or for multiple-dwelling units.

Dust

     Particulate matter air-borne or capable of becoming air-borne.

Episode Stage

     One of the four degrees of severity of an air pollution episode, defined by
the appropriate criteria to be either Watch, First Stage Alert, Second Stage
Alerts, or Emergency Stage.

Emissions

     Air contaminants emitted into the open air.
                               /
Equivalent Opacity

     The opacity which obscures vision to a degree equal to smoke of an equiva-
lent Ringelmann number.
                                               \   \

Flue

     Any duct, pipe, stack, chimney, or conduit permitting air contaminants to
be emitted into the open air.  In order to be classified as a flue, such duct,
pipe, stack, chimney, or conduit must be of such a nature as to permit the  per-
formance of the test methods and procedures specifically provided for in this
Article.

Flue Gases

     All gases which leave a combustion chamber by way of a flue, including gas-
eous products of combustion, water vapor, excess oxygen, and nitrogen.
                                      -107-

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Forecast

     A prediction of weather conditions received from either a professional
Health Department meteorologist, a professional meteorological consultant to the
Health Department, or a weather prediction from the United States National
Weather Service.

Fuel-Burning or Combustion Equipment

     Any furnace, boiler, apparatus, stack, and all appurtenances thereto,  used
in the burning of fuel for the primary purpose of producing heat or power by in-
direct heat transfer, or producing power by direct momentum transfer.

Fuel

     Any form of combustible matter, whether solid, liquid, vapor, or  gas,  or
combination thereof, primarily for, intended for, or used as a source  of heat.

Fugitive Air Contaminants

     Any air contaminant emitted Into the open air from other than a flue.

Incinerator

     A device primarily used for the destruction of solid, liquid, or  gaseous
wastes, or combination thereof, by burning, but not primarily combustion or
fuel-burning equipment or process equipment.

Index

     Any one of the air quality averages to be computed in conjunction with the
Air Pollution Emergency Episode System.  Four-, eight-, twelve-, and twenty-four
hour averages refer to running arithmetic means of the hourly averages of the
respective pollutants.  The product index of the soiling index and sulfur di-
oxide concentration is to be computed by multiplying the running 12-hour or 24-
hour soiling Index by the respective running 12-hour or 24-hour sulfur dioxide
concentration.

Modification

     Any physical change in a source or any change in the method of operation of
a source which will, or might reasonably be expected to, change the amount,  ef-
fect, or characteristic of any air contaminant emitted by such source, or which
would result in the emission of any air contaminant not previously emitted.
Routine maintenance, repair, and replacement shall not be considered physical
changes.

Multiple-Chamber Incinerator

     Any article, machine, equipment, contrivance, structure or part of a struc-
ture, used to dispose of combustible refuse by burning, consisting of  three or
more refractory-lined combustion chambers in series, which chambers are physi-
cally separated by refractory walls and interconnected by gas passage  ports cr
                                       -108-

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ducts, and are of design employing parameters necessary for maximum combustion
of the material to be burned.

Odorous Matter

     Air contaminants perceptible by the sense of smell.

Opacity

     The degree to which emissions of air contaminants reduce the transmission
of light or obscure the view of an object in the background.

Open Air

     All spaces outside of buildings, flues, chimneys, stacks, or exterior ducts
or vents, or any area to which air contaminants pass beyond control.

Open Burning

     Any burning or combustion from which air contaminants are emitted directly
into the open air and not directed thereinto by a flue.

Participate Matter

     Any material, except uncombined water, that is, or has been, air or gas-
borne and exists as a solid or liquid at 70°F and 14.7 pounds per square inch
absolute pressure.

Part Per Million (pptn)

     A unit of pollutant concentration defined as one volume of gaseous pollutant
per million volumes of gas.              .

Person

     Any individual, natural person, syndicate, association, partnership, firm,
corporation, institution, agency, authority, department,  bureau, or instrumen-
tality of Federal, State, or Local Government, or other entity recognized by law
as the subject of rights and duties.

Potential Emission

     The quantity of air contaminants which may be emitted into the atmosphere
from an air contaminant source operated at its maximum rated capacity without
the use of any gas cleaning device.  The potential emission may be determined by
sampling at the inlet of the air pollution control device or by estimating the
weight of emissions using estimating techniques approved by the Director.

Process
         operation or series of operations,  including all  equipment,  devices,  or
contrivances, and all appurtenances thereto, including all  ducts,  stacks,  etc.
for transforming materials into any product  of manufacture, and  which may  cause
                                      -109-

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any discharge of air contaminants Into the open air, but not including that
equipment specifically defined as fuel-burning or combustion equipment or incin-
erator.  Similar or parallel operations within a process shall  be considered as
a single operation except where such aggregation would result in a greater al-
lowable air contaminant emission rate.

Process Equipment

     Any machine, device, system, or contrivance, used in any process, the use
of which may cause or contribute to any discharge into the open air of any air
contaminant, but not including fuel-burning or combustion equipment or inciner-
ator.

Rated Capacity

     The operating limit of a source as stated by the manufacturer or as de-
termined by good engineering judgment.

Reactivation

     The activation of a source or potential  source of air contaminants which
has been out of production or operation for at least one year.

Reconstruction

     Any material change or alteration of any existing fuel-burning or combus-
tion equipment, or process equipment, or device, from that physical  or opera-
ting condition for which approval was last obtained;  or the addition, removal,
or replacement of any appurtenances or devices, which materially affects the
method or efficiency of preventing the discharge of air contaminants into the
open air.                      ,             . .       .

Rendering

     A heated process, such as reduction, cooking, drying, dehydrating, digest-
Ing, evaporating, and protein processing.

Refuse

     Garbage, rubbish, trade waste, or other waste.

Refuse-Burning Equipment

     A device specifically designated for the combustion of refuse material.  An
incinerator.

Ringelmann Scale

     A scale by which the relative density of emissions of gray shade may be
compared, consisting of five steps, wherein 0 is equivalent to  all white and 5
is equivalent to all black;  the steps range from 0 percent for no perceptible
shade to one hundred (100) percent for black.
                                      -110-

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Ringelmann Chart

     A scale measurement system of grading the relative density of emissions of
gray shade by comparison with certain charts as described in the Bureau of Mines
Information Circular 8333.

Soiling Index

     The darkness of a stain on a standard filter paper caused by pulling a sam-
ple of air through the filter paper, measured by the reduction in the transmis-
sion of visible light through the stained paper, and expressed as the coeffi-
cient of haze (COM).

Source

     Any thing which emits or may emit an air contaminant, to which the provis-
ions of this Article are applicable.

     A New Source is any source the construction of which was commenced after
the effective date of this Article, or any source that, although its construc-
tion was commenced or completed before the effective date of this Article, is
modified after the effective date of this Article in a manner which results in a
substantial increase in the emission of air contaminants or results in the emis-
sion of any air contaminant not previously emitted.

     An Existing Source 1s any source other than a new source.

     A Stationary Source is a source which does not move from place to place in
its diy-to-day oiperation.

     Similar Sources are sources producing the same generic product or sources
used for the sama operation or on the same generic material.

     A Potential Source is any source which would emit air contaminants if un-
controlled.

Standard Conditions

     A temperature of 70°F and a pressure of 14.7 pounds per square inch abso-
lute.

Trade Waste                                          '

     Any waste resulting from the operation of any business, trade, or industry,
including but not limited to plastics, cartons, paints, grease, oil and other
petroleum products, chemicals, cinders, and any other form of solid, liquid, or
gaseous waste materials..    .                    \

Visible Emissions        /
     Emissions of air cbntaminants of such quantity or quality as  to  be  seen  in
contrast with any background.
                                      -Ill-

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             Volatile Organic Compound

                  Any compound containing carbon 1n combination with any other element, ex-
             cepting carbon moqoxide, carbon dioxide, carbonic acid, metallic carbides, met-
             allic carbonates, and ammonium carbonate, and which compound has a vapor pres-
             sure of 1.5 pounds per square inch absolute or more, under actual  storage or op-
             erating conditions.

    (2.0)    1801    PURPOSE

                  The purpose of this Article is to achieve and maintain the purity of the
             air resources of Allegheny County consistent with the health, welfare, and com-
             fort of the residents of the County and the protection of their property, and to
             that end to require the use of all obtainable methods of preventing and control-
             ling air pollution in the County.

                  The provisions of this Article shall apply in all areas of Allegheny County
             unless otherwise specifically stated herein.   \   i

    (2.0)    1802    PROHIBITION OF AIR POLLUTION

j                  No person shall cause, suffer, or allow the release of air contaminants in-
             to the open air to cause air pollution as defined in this Article, except as pro-
             vided by this Article.

]    (6-0)    1803    COMPLIANCE RESPONSIBILITIES
i  •
,                  Compliance with any provision of this Article shall  not relieve any person
             of the responsibility to comply with any other provision of this Article, except
             when such relief has been clearly provided for in this Article.

    (.2.0)     1804    CIRCUMVENTION

                  No person shall cause, suffer, or allow the use of any device or technique,
             including but not limited to the masking of odors,  the operation of any source
             with unnecessary amounts of air, and the combining of separate sources except
             as specifically provided for 1n this Article,  which without resulting in reduc-
             tion of the absolute amount of air contaminants emitted conceals or dilutes  an
             emission of air contaminants which would otherwise be in violation of the pro-
             visions of this Article.

    (15.0)   1805    EXISTING ORDERS

                  All orders heretofore Issued shall  continue in full  force and effect,  but
I             in no event shall  such  orders relieve any person from compliance with this Arti-
             cle.

j    (2.0)    1806    ADMINISTRATION  AND ORGANIZATION

j                  The provisions of  these Rules and Regulations  shall  be administered and en-
I             forced by the Allegheny County Health Department,  Bureau of Air Pollution Control,
I             and by the Director of  the Allegheny County Health  Department pursuant to

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.1   Amendments

    Amendments  to these Rules  and Regulations  shall  be made  in  conformity
 with the Local  Health  Administration  Law,  1951,  Aug.  24,  P.L.  1304,  and the
 Second Class County Code,  1953,  July  28,  P.L.  723.

    Public hearings  shall be conducted by  the  Board  of Health prior to  its
 consideration  of any significant amendment or additions to  this  Article.

.2   Air Pollution Control Advisory Committee

    There shall  be established an Air  Pollution Control Advisory  Committee
 which may recommend to the Board of Health additions  and  changes in  this
 Article and advise  the Bureau of Air  Pollution Control and  the Board of
 Health on matters relative to the control  of  air pollution  which are brought
 to its attention by any person.

    A.  The Air Pollution Control Advisory Committee shall consist of fifteen
        (15) individuals appointed by  the  Board of County  Commissioners.

    B.  All  members  of the  Advisory Committee  shall  be appointed  for  a  term
        of one  (1) year.

    C.  The Director and the Bureau Chief  shall be ex-officio members of the
        Committee but shall  not have the right to vote on  matters before the
        Committee.

    D.  At no time shall the Advisory  Committee consist of more than  five (5)
        members who  are representatives of industry.

    E.  The Advisory Committee shall elect one of its  members to  serve  as
        Chairman.

    F.  The Advisory Committee shall meet  at the  call  of the Chairman or at
        the request  of the  Director of the Allegheny County  Health Department,
        the Board of Health, or upon the written  request of  any three (3) mem-
        bers of the  Advisory Committee.

    6.  The Advisory Committee shall adopt such procedures as it  deems  nec-
        essary  to conduct Its  business and shall  adopt such  provisions  as are
        necessary in order  to  consider matters which are brought  to its atten-
        tion by any  person  or  group.

    H.  A quorum shall  be required to  conduct  the business of the Advisory
        Committee.  A quorum shall  consist of  not less than  ten (10)  voting
        members of the Advisory Committee.

    I.  Only those individuals who have been appointed to  the Advisory  Com-
        mittee  shall be permitted to vote  on those matters which  are  to be
        recommended  to the  Board of Health.
                                  -113-

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                J.   The  Advisory Committee  shall  make  periodic  reports  to  the  Board of
                    Health  on the status  of air pollution  control  technology Including
                 .   developments In  the control  of automotive emissions, air contaminants
                    for  which national ambient  air quality standards  have  been estab-
                    lished, hazardous air contaminants and other sources of air pollution
                    as it deems  necessary or as  requested  by the Board  of  Health or the
                    Director.

            .3  Right to Information

                A.   All  records, reports, and information  of the Allegheny County Health
                    Department which pertain to  the issuance of compliance orders, the
                    granting or  rejecting of permits or variances, the  reporting of shut-
                    downs or breakdowns,  and the  determination  of  emission rates or air
                    quality data shall be open  to Inspection by any person except that
                    any  record,  report, or  Information, or part ^hereof, which would
                    divulge methods  or processes  protected as trade secrets under the
                    laws of the  United States shall be kept confidential and may not be
                    disclosed to persons  other  than officers, employees, and authorized
                    representatives  of Allegheny  County or to the  Courts of the Common-
                    wealth  of Pennsylvania  or the United States in,proper  proceedings.

                B.   The  Director may make rules  and regulations regarding  the  time and
                    manner  of inspection.

                C.   The  Director may refuse such  inspections which create  an undue bur-
                    den  or  interfere with the administration of the Health Department, or
                    when it appears  the information sought is to be used for commercial
                    purposes, or when the Information  sought is prepared in anticipation
                    of litigation or will be used in litigation in which the County is a
                  •  party.    •       '

            .4  Periodic Reports

                The  Allegheny County Health Department shall publish an annual  air qual-
             ity report  detailing the progress of the  County toward the attainment and
             maintenance of ambient  air quality  standards.

(2.0)    1807    COMPLIANCE  ORDERS

            .1   Whenever the Director finds that:

                (1)   A source is not 1n compliance with any of  the provisidns  of this
                     Article, or

                (2)   In  any area of  Allegheny County,  a source  or  sources  are  causing
                     concentrations  of air  contaminants in  the  ambient air to  exceed any
                     ambient air quality standard,  or

                (3)   As  a result of  any physical,  chemical, or  biological  test, or other-
                     wise,  it appears that  an emission of  air contaminants shall  or may
                     be  endangering  public  health,  safety,  or welfare;

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 the  Director  may:

    (1)   Order the  person  responsible  for  the source or sources to comply
         with  the provisions  of this Article, or

    (2)   Establish  an  additional  or more restrictive emission standard or
         standard of performance designed  reasonably to attain all ambient
         standards, by

 performing  any necessary  acts, including,  but  not  limited to, the installa-
 tion or maintenance of best  obtainable or best available air pollution con-
 trol  devices, the  use of  particular fuels, the modification of process or
 fuel-burning  or combustion equipment  or incinerators, the institution of
 particular  control  practices,  or

    (3)   Seal  any source or part thereof.

.2  Whenever the Director  issues an order  hereunder, the order shall:

    (1)   Be  in written form

    (2)   Include a  statement  of the basis  for such  order

    (3)   Specify a  reasonable time for performance  of any acts required in
         the order

    (4). Inform the person responsible that he  has  the right to a hearing in
         accordance with Article XI of the Rules  and Regulations of the
         Allegheny  County  Health Department.

.3  The  order  shall  be served upon the person responsible by:
                                           *
    (1)   Handing a  copy to him  personally,  or

    (2")   By  serving him in the  manner  provided  by Rule 1009(b)(2) of the
         Pennsylvania  Rules of  Civil Procedure  for  the service of a complaint,
         or  where service  cannot be accomplished  in this matter, by

    (3)   Sending a  copy to his  last known  address by registered or certified
         mail, accompanied by a request for a return, receipt.

.4   Failure  to comply  with an order of the Director within the time specified
 therein, or the breaking  of  a  seal placed by the Director, shall be a vio-
 lation  of this Article.

.5  Whenever, the Director  determines that  an emergency exists that necessi-
 tates immediate action to protect the health,  safety, or welfare of the pub-
 lic, the Director, without prior notice,  may Issue an order reciting the
 existence of  the emergency and requiring  whatever  action the Director deems
 advisable to  meet  the emergency.  Notwithstanding  other provisions of this
 Article, the  emergency order shall be effective  at once and shall be complied
 with immediately.
                                   -115-

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             .6  Any person  who  is  aggrieved  by  an  order of the  Director,  s'hall  upon  re-
              quests,  be granted a  hearing  1n accordance with  the  provisions  of  Article XI
              of the Rules and Regulations  of the Allegheny County Health  Department  or in
              accordance with other procedures as may be hereinafter  established by the
              Board of County Commissioners.   In all  cases  Involving  provisions  of this
              Article, administrative  hearings granted under the provisions of Article XI
              shall not be held  before employees of the Department of Health  assigned to
              the Bureau of  Air  Pollution Control.

             .7  The provisions  of  this Section  shall  not apply  to appeals from  decisions
              of the Variance Board.
(16.0)    1808    INSPECTION

             .1   A.   The  Director may enter any premise at a reasonable time and in a rea-
                     sonable manner, by consent of  the person in charge or his authorized
                     representative, where the Director has reason to believe that air
                     contaminants have been or are  being emitted, or where equipment,
                     operations, or processes exist or are being constructed giving the
                     Director  reason to believe that they are or will be actual or poten-
                     tial  air  contaminant sources,  or for which equipment, operations, or
                     processes the required permit  or permits have not been obtained.

                 B.   The  Director may Inspect the above described premises and all devices,
                     contrivances, processes, or operations thereon;  and the records,
                     charts, readings, and data associated with such processes or opera-
                     tions thereon relevant to the  emission of air contaminants.

             .2   No  person shall in any manner hinder, obstruct, delay, resist, prevent,
              or  in  any way interfere or attempt to interfere with the Director in the
              performance  of any duty herein enjoined, or after proper identification, re-
              fuse him entrance to any premise, building, or other place, except a build-
              ing designed for and used exclusively as a private residence.

 (50.0)   1809    EMISSION  STANDARDS

              The following emission standards are  applicable to all sources of air con-
         taminants now existing or which come into  existence after the effective date of
         this Article.

 (50.1.2)    .1   Visible Air Contaminants

                 A.   No person shall cause, suffer, or allow the emission into the open
                     air of visible air contaminants in such a manner that the opacity of
                     the emission is:

                     (1)   Equal to or greater than  No. 1 on the Ringelmann Scale or an
                          equivalent opacity for a  period or periods aggregating more
                          than three (3) minutes 1n any one (1) hour, or

                     (2)   Equal to or greater than  No. 3 on the Ringelmann Scale or an
                          equivalent opacity at any time.
                                               -116-

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                B.   The  standards of Subsection  .1A, shall not apply to any visible air
                    contaminants when:

                    (1)   The  presence of uncombined water  is the only reason for failure
                         of the emission to meet the visible air contaminants standards,
                         or

                    (2)   Visible emissions result from a blast furnace slip, as provided
                         in Section 1810.5, or

                    (3)   Visible emissions result solely from the operation of a coke
                         oven or battery of coke ovens as  provided in Section 1809.7, or

                    (4)   Visible emissions result solely from fugitive emissions ex-
                         cepted from the provisions of Section 1809.2, or

                    (5)   Visible emissions result from the operation of an incinerator,
                         as provided In Section 1809.5, or

                    (6)   Visible emissions result solely from the cold start of fuel-
                        ,burning or combustion equipment and when notice has been given
                         as provided in Section 1816.

                C.   The  opacity of visible air contaminants may be measured using:

                    (1)   Any  device approved by the Director, or

                    (2)   Observers trained and qualified to measure opacity with the
                         naked eye or with the aid of any  device approved,by the Direc-
                         tor.'

                    In measuring the opacity of visible air contaminants for the purpose
                    of determining a violation of Subsection ,1A., opacity may be meas-
                    ured at the densest point of an emission.
(50.1.3)     .2  Fugitive  Emissions
                No person  shall  cause,  suffer, or allow the emission into the open air of
             any fugitive  air contaminant  from any  source except from:

                (1)  Construction or  demolition of  buildings or structures.

                (2)  Grading,  paving, and  maintenance of roads and streets.

                (3)  Use of roads and streets.  Emissions from material in or on trucks,
                     railroad cars, and other vehicular equipment shall not be considered
                    .as emissions from  use of roads and streets.

                (4)  Clearing of land.

                (5)  Tilling or  applying amendments to the soil, preparing cover crops
                     for incorporation  Into the soil and harvesting, while farming.
                                              -117-

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                 (6)   Stockpiling  of materials.

(51.5)        .3  Fuel -Burning  or Combustion  Equipment
(51.6)
                 For  the  purpose of this  Subsection only,  if more than one fuel-burning
              or combustion  sources are connected  to a common flue discharging  into the
              open  air, such groups of sources shall be considered as one source, and
              the allowable  emissions  shall  be determined  on the basis of the total heat
              input.

                 A.   Particulate Matter

                     No person  shall cause,  suffer, or allow the emission into the open
                     air  of  particulate matter at  any time from any fuel -burning or com-
                     bustion equipment 1n excess of:

                     (1)  The  rate  of 0.4 Ib. per  million  BTU of heat input, when the
                         heat  input to the  fuel -burning or combustion equipment in
                         millions  of BTUs per hour 1s greater than 0.2 but less than 50,
                         or

                     (2)  The  rate  determined by the formula:

                                   A = 3.5E"0'56

                         where:

                         A  = allowable emission in Ib. per million BTU of heat input, and

                         E  = heat  input to  the fuel-burning or combustion equipment in
                             millions of BTUs per hour, when E is equal to or greater
                             than  50 but less than 850, or

                     (3)  The rate  of 0.08 Ib. per million BTU of heat input, when the
                         heat  input to the  fuel -burning or combustion equipment in
                         millions  of BTUs per hour 1s equal  to or greater than 850.

                 B.  Sulfur  Oxides

                    No person  shall cause,  suffer, or allow the emission into the open
                    air of  sulfur  oxides, expressed as $03,  from any fuel-burning or com-
                    bustion equipment at any time in excess  of:

                     (1)  The rate  of 1.0 Ib. per million BTU of heat input, when the heat
                         input  to  the fuel-burning or combustion unit in millions of
                         BTUs  per  hour is greater than 0.2 but less  than 50, or

                     (2)  The rate  determined by the formula:
                         where:
                                                110

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                     A = allowable emission in 15. per million BTU of heat input,
                         and
                                                                        'i
                     E = heat input to the fuel-burning or combustion equipment in
                         millions of BTUs per hour, when E is equal to or greater
                         than 50 but less than 2,000, or

                (3)  The rate of 0.6 Ib. per million BTU of heat input, when the heat
                     input to the fuel-burning or combustion equipment in millions of
                     BTUs per hour is equal to or greater than 2,000.
(51.0)    .4  Processes
            This Subsection shall apply to all processes except fuel-burning or com-
         bustion equipment and incinerators.

            A.  No person shall cause, suffer, or allow the emission into the open
                air of particulate matter from any process listed in Table I, at any
                time, in excess of the rate determined by the following formula:

                               A=0.76E+°'42
                     where:

                     A = allowable emissions in lbs./hr., and

                     E - emission index = F x W lbs./hr.,

                     where:

                     F = process factor 1n lbs./units and

                     W = production or charging rate in units/hr.

                         The factor F shall be obtained from Table I.  The units for
                         F and W shall be compatible.

            B.  No person shall cause, suffer, or allow the emission into the open air
                from any process not listed in Table I, in excess of seven (7) pounds
                of particulate air contaminant in any one-hour period or in excess
                of a total of one hundred (100) pounds of particulate air contamin-
                ants in any 24-hour period, except that no person shall be required
                to reduce such emission into the open air to a greater degree than
                ninety-nine (99) percent.
                                           -119-

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                                     TABLE I
               Process

 1.  Carbon black mfg.
 2.  Charcoal mfg.
 3.  Crushing or grinding or
     screening system
 4.  Paint mfg.
 5.  Phosphoric acid mfg.
 6.  Detergent drying
 7.  Ammonium nitrate mfg:
       Prilling tower or other granulator
 8.  Ferroalloy production furnace
 9.  Primary iron and/or steel  making:
       Iron production
       Sintering:  windbox
       Steel production
       Scarfing

10.  Primary lead production:
       Roasting
       Sintering:  windbox
       Lead reduction

11.  Primary zinc production:
       Roasting                          :
       Sintering:  windbox
       Zinc reduction

12.  Secondary aluminum production:
       Sweating
       Melting and refining

13.  Brass and bronze, production:
       Melting and refining

14.  Iron Foundry:
       Melting:
         Cupola
         Reverberatory Furnace
         Electric Induction Furnace
       Shake-out
       Sand Handling

15.  Secondary lead melting

16.  Secondary magnesium melting

17.  Secondary zinc melting:
       Sweating
       Refining
     Process Factor. F

500 Ibs./ton of product
400 Ibs./ton of product

 20 Ibs./ton of feed
0.05 Ibs./ton of pigment handled
  6 Ibs./ton of phosphorous burned
 30 Ibs./ton of product

0.1 Ibs./ton of product
0.3 Ibs./ton of product

100 Ibs./ton of product
 20 Ibs./ton of dry solids feed
 40 Ibs./ton of product
 20 Ibs./ton of product
0.004 Ibs./ton of ore feed
0.2 Ibs./ton of product
0.5 Ibs./ton of product
  3 Ibs./ton of ore feed
  2 Ibs./ton of sinter
 10 Ibs./ton of product
 50 Ibs./ton of aluminum product
 10 Ibs./ton of aluminum feed
 20 Ibs./ton of product
 50 Ibs./ton of iron
  2 Ibs./ton of iron
1.5 Ibs./ton of iron
 20 Ibs./ton of sand
 20 Ibs./ton of sand

0.5 Ibs./ton of product

0.2 Ibs./ton of product
0.01 Ibs./ton of product
0.3 Ibs./ton of product
                                      -120-

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                       Process                            Process Factor, F

         18.  Asphaltic concrete production             6 Ibs./ton of aggregate feed

         19.  Asphalt roofing mfg:
               Felt saturation                       0.6 Ibs./ton of asphalt used

         20.  Portland cement mfg:
               Clinker production                    150 Ibs./ton of dry solids feed
               Clinker cooling                        50 Ibs./ton of product

         21.  Coal drying                               2 Ibs./ton of product

         22.  Coal dry-cleaning                         2 Ibs./ton of product

         23.  Lime calcining               .           200 Ibs./ton of product

(51.9)        .5  Incinerators

                A.  No person shall cause, suffer, or allow the operation of a single
                    chamber incinerator, except sewage sludge incinerators complying
                    with the provisions of this Article.

                B.  No person shall cause, suffer, or allow the operation or installa-
                    tion of any incinerator without having obtained a permit as provided
                    for in Section 1815.

                C.  No person shall cause, suffers or allow the operation of any domes-
                    tic refuse-burning equipment at any time other than between the
                    hours of 10:00 A.M. and 4:00 P.M.  This restriction shall not apply
                    to incinerators having a rated capacity of five (5) tons per hour or
                    more.

                D.  No person shall cause, suffer, or allow the emission to the open air
                    of particulate matter from any incinerator at any time in such a
                    manner that the particulate matter concentration in the effluent gas
                    exceeds 0.125 pounds per 100 pounds per hour of rated capacity, ex-
                    cept that for incinerators rated at four (4) tons per hour or greater
                    the emission shall not exceed those shown on Table II.

                                            TABLE II

                         Rated Capacity,                Emission,
                            Tons/Hour                  Pounds/Hour

                                4                          10
                                8                          15
                               12                          20
                               18                          27
                               24                          33
                               32                          40
                               40                          48

                         Apply linear interpolation between steps given.
                                               -121-

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r
                    E.   For the purpose of Subsection .5,  the rated capacity 1s  defined  as
                        the amount of combusMble material  charged into the incinerator  of
                        which 95 percent will  burn to gas.

                    F.   All incinerators shall  be constructed so that  afterburning  shall  be
                        for a residence time of 0.5 second  at a  temperature of:

                        (1)  1400° Fahrenheit for putrescible and non-chemical refuse.

                        (2)  A minimum of 250°  Fahrenheit above  the auto-ignition tempera-
                             ture of any chemical  refuse.

                    G.   No person shall cause,  suffer,  or allow  emission  into the open air
                        of visible air contaminants from incinerators  in  such a  manner that
                        the opacity of the emission is  equal  to  or greater  than  No.  1 on
                        the Ringelmann Scale or an equivalent opacity.
   (50.2)       .6  Sulfur Compound Emissions

                    A.   General
                        Subjection 1809.6A.  shall  apply to  all  sources,  except  those  sub-
                        ject to the provisions  of  other sections  and  subsections of this
                        Article dealing  with the control  of sulfur compound  emissions.

                        No person shall  cause,  suffer,  or allow the emission into  the open
                        air of sulfur oxides from  any source in such  a manner that the con-
                        centration, at any time, of the sulfur  oxides, expressed as $03, in
                        the effluent gas  exceeds 500 parts  per  million (dry  basis).

                    B.   By-product Coke-oven Gas

                        ,(1)  No person shall  cause, suffer,  or  allow  the emission  of  byr
                             product coke-oven  gas into the open  air  unless  such gas  is first
                             burned.

                        (2)  No person shall  cause, suffer,  or  allow  the flaring,  mixing, or
                             combustion  of by-product coke-oven gas containing  hydrogen sul-
                             fide (H?S),  or the concentration of  sulfur  compounds  measured
                             as H2$ in the gas  1n  excess  of:

                             (1)   50 grains  per hundred dry standard  cubic feet for by-prod-
                                  uct coke plants  producing 70  million standard cubic feet
                                  or more of coke-oven  gas  per  day, or

                             (2)   The rate determined by  the formula:

                                      A  = 156E-0'27

                                  for plants producing  70 million standard cubic feet or
                                  less of coke-oven gas per day but 20 million  standard cubic
                                  feet or more  of  coke-oven  gas per day,
                                                  -122-

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                              where:

                              A  =  allowable HgS content in grains per hundred dry stand-
                                   ard cubic feet of coke-oven gas, and

                              E  =  millions of cubic feet of coke-oven gas produced per
                                   day, or

                          (3)  70 grains  per hundred dry standard cubic feet of coke-oven
                              gas  for by-product coke plants producing less than 20
                              million standard cubic feet of coke-oven gas per day.
                          Included  in  the permitted grains of H2$ is tail-gas sulfer, ex-
                          pressed as equivalent H2S, emitted into the open air from sul-
                          fur removal  equipment.
(51.2)        .7   Coke  Ovens
                 A.   No  person  shall cause,  suffer, or allow the emission into the open
                     air of visible air contaminants from the pushing and charging of a
                     battery of coke ovens  in  such a manner that the opacity of the emis-
                     sions  is equal to or greater than No. 2 on the Ringelmann Scale or
                     equivalent opacity.

                 B.   No  person  shall cause,  suffer, or allow the emission into the open
                     air of visible air contaminants from the pushing and charging of a
                     battery of coke ovens  after January 1, 1974 in such a manner that
                     the opacity of the emissions is equal to or greater than No. 1 on
                     the Ringelmann Scale or equivalent opacity.

                 C.   No  person  shall cause,  suffer, or allow the emission of any visible
                     air contaminants into  the open air from any opening on the top side
                     of  a battery of coke ovens, except for periods when a battery of coke
                     ovens  is being charged.

                 D.   No  person  shall cause,  suffer, or allow any visible emission, except
                     non-smoking flame, from any opening from more than ten (10) percent
                     of  the coke ovens In any  battery at any time except as provided in
                     the preceding paragraph.

                 E.   Self=sealing oven doors found to be leaking thirty (30) minutes or
                     more after an oven is  charged shall be adjusted, repaired, or re-
                     placed prior to the next  coking cycle which starts during the day-
                     light  turn after the leak is discovered.  Leaking luted doors shall
                     be  reluted immediately.

                 F.   No  person  shall cause,  suffer, or allow the operation of a coke
                     quenching  tower which  is  not equipped with interior baffles.
                                               -123-

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                                    TABLE III
 1.  Propagation, stockage, and processing of animals or animal  matter
 2.  Combustion, including combustion of waste
 3.  Food and beverage processing
I             4.  Manufacture,  storage,  and application  of paint,  lacquer,  varnish, and
I
   '
     commercial solvents
 5.  Manufacture and storage of chemicals
 6.  Manufacture and processing of plastics or rubber
 7.  Manufacture of asphalt and asphalt products
 8.  Surface coating and treating processes
 9.  Smelting and debonding
10.  Core making in foundries
11.  Manufacture of coke
12.  Manufacture of rubber
13.  Manufacture of tear gas
14.  Refining of crude oil and manufacture  and storage of  petroleum products
15.  Decomposition of waste
16.  Sewage treatment
17.  Dry cleaning process
18.  Painting and other graphic arts  processes

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                                     TABLE IV .   ,
 1.   Rendering cookers
 2.   Animal blood dryers
 3.   Asphalt oxidation
 4.   Asphalt roofing manufacturing
 5.   Brake shoe debonding
 6.   Core ovens
 7.   Varnish cookers                      •    •
 8.   Paint drying or baking ovens
 9.   Meat smokehouses other than those in single family houses
10.   Coffee roasting
11.   Fabric-backing and fabric-coating baking ovens
12.   Ovens for curing of binders in mineral  wool  production
13.   Tear gas manufacture
14.   Sources of hydrogen sulfide or mercaptans
                                      -125-

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(50.0)    1810    STANDARDS FOR  SOURCES

(51.16)       .1   Volatile  Organic  Compounds

                 A.   Storage  of Volatile  Organic  Compounds

                     No  person  shall  cause,  suffer, or allow  the  placing, storing, or
                     holding  in any  single stationary  tank, reservoir, or other container
                     rated at more than 40,000  gallons, of any volatile organic compound
                     unless such tank, reservoir, or other container is a pressure tank
                     capable  of maintaining  working pressures sufficient at all fimes to
                     prevent  vapor or gas loss  to the  open air or is designed and equip^
                     ped with one  of  the  following vapor loss control devices:

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

                     (2)   A vapor  recovery system, consisting of:  a vapor-gathering
                          system capable  of  collecting the volatile organic compound
                          vapors and  gases discharged, and a vapor disposal system cap-
                          able  of  processing such volatile organic vapors and gases so as
                          to  prevent  their emission to the open air,.with all tank gaug-
                          ing and  sampling devices gas-tight, except when gauging or
                          sampling is taking place.

                 B.   Volatile Organic Compounds Loading Facilities

                     (1)   No  person shall cause, suffer, or a^low the loading of any
                          volatile organic compound into any vehicular tank, rated at
                          more  than 200 gallons from any loading  facility which loads
                          20,000 gallons  or  more in any one day,  unless such loading
                          facility is equipped with a vapor collection and disposal  sys-
                          tem as described 1n Subsection 1810.1A., properly installed, in
                          good  working order, and in operation.

                     (2)   No  person shall cause, suffer, or allow the loading of any vola-
                          tile  organic compound into any vehicular tank, rated at more
                          than  200 gallons,  from any loading facility which loads 20,000
                          gallons  or more in any one day, unless such loading facility is
                          equipped with a loading arm with a vapor collection adaptor and
                          pneumatic,  hydraulic, or other mechanical means to enforce a
                          vapor-tight seal between the adaptor and the hatch of the tank.
                          A means  shall  be provided to prevent liquid organic compound
                          drainage from the  loading device when it is not connected to

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         the hatch, or to accomplish complete draining before such re-
         moval.  When loading 1s effected through means other than
      '   hatches all loading and vapor lines shall be equipped with fitr
         tings which make vapor-tight connections and which close auto-
         matically when disconnected.

C.  Volatile Organic Compound Water Separators

    No person shall cause, suffer, or allow the use of any compartment
    of any single- or multiple-compartment volatile organic compound
    water separator, which compartment receives effluent water contain-
    ing 200 gallons or more a day of any volatile organic compound from
    any equipment which processes, refines, treats, stores, or handles
    volatile organic compounds consisting of kerosene or more volatile
    organic materials, unless such compartment11s equipped with one of
    the following vapor loss control devices, properly installed, in
    good working order, and 1n operation:

    (1)  A container having all openings sealed and totally enclosing
         the liquid contents.  All gauging and sampling devices shall be
         gas-tight, except when gauging or sampling is taking place.

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

0.  Pumps and Compressors for Volatile Organic Compounds

    All pumps and compressors handling, volatile organic compounds shall
    have mechanical seals.

E.  Ethylene Production Plants

    No person shall cause, suffer, or allow the emission into the open
    air of any waste gas stream from any ethylene production plant or
    facility, unless the gas stream is properly incinerated in conform-
    ity with Subsection 1809.5F.S except that no person shall cause,
    suffer, or allow the emission of hydrocarbon gases into the open air
    from any vapor blowdown or other exhaust system unless such gases
    are burned by smokeless flares or otherwise disposed of to the satis-
    faction of the Director.

F.  Compliance Techniques

    Techniques other than those specified In the foregoing five Subsec-
    tions may be used to comply with the requirements of these Subsec-
    tions,, 1f it 1s shown to the satisfaction of the Director that such
    alternate techniques are equivalent to or better than those speci-
    fied in these Subsections in terms of the control of organic compounds.
                               -127-

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                 G.   Unsaturated Organic  Compound  Emissions

                     The emission standards  as  specified  In  Section  1809  shall  also apply
                     to the emission  of any  unsaturated organic  material  herein'defined,
                     for the purpose  of this Subsection,  as  unsaturated chemical  com-
                     pounds of carbon which  exist  as  gas  at  standard  conditions.
(51.18)       .2  Sulfuric  Acid Plants
                 A.   No person  shall  cause,  suffer,  or allow  the emission  into the open
                     air,  at any time,  from  any  sulfuric acid production plant or fsci!-
                     ity,  of sulfur oxides,  expressed as $03, in excess of the rate of
                     6.5 Ibs. per ton of acid  produced.

                 B.   No person  shall  cause,  suffer,  or allow  the emission  into th@ open
                     air,  at any time,  from  any  sulfuric acid production plant or facil-
                     ity,  of sulfuric acid mist,  in  excess of the rate of  0»5 Ibs.
                     ton of add produced, the production being expressed  as 100 per-
                     cent  H2S04-

(51.19)       .3   Sulfur Recovery Plants

                 No  person shall  cause,  suffer,  or allow the  emission into the open air9
              at any time, from any plant used for recovering elemental sulfur from
              gases  containing  sulfur compounds,  or  sulfur compounds, expressed as $03,
              in excess of the  rate determined by the formula:

                                   A =  0.32E"0'5

                 where:

                 A - allowable  emissions  in  pounds of sulfur  oxides per pound of sulfur
                     compounds,  expressed as S,  in the feed gases, and

                 £ = recovery plant rating in  long tons of sulfur per day.

 (51.18)      .4   Exceptions to  Standards  for Sulfur  Acid and  Recovery Plants
 (51.19)
                 The provisions  of Subsections 1810.2 and 1810.3 shall not be applicable
              to  processes  operated in conjunction with the desulfurfzation of by-product
              coke-oven gas, provided that the standards set forth in Subsection 1809.68.
              have been complied with.

 (51.4)       .5   Blast  Furnace  Slips

                 A.   Emissions  from blast furnaces shall be kept to a minimum.  No person
                     shall  cause,  suffer, or allow any blast  furnace to emit air contamin-
                     ants,  as a  result of a slip, more than sixty (60) times in any con-
                     secutive twelve  (12) month  period or more than ten (10) times in any
                     consecutive  thirty  (30) day  period.  For the purpose  of this Subsec-
                     tion,  a blast furnace slip  is defined as  a sudden emission of gas
                     containing  parf'culate matter of an opacity equal to  or greater than
                                                1 OO

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                     No.  2  of the  Rlngelmann  Scale  or of -an  equivalent  opacity  from  the
                     relief valves at the  top of the furnace.

                 B.   No person shall  cause, suffer, or a]low the  operation  of any  blast
                     furnace without  providing a device for  measuring and recording  all
                     blast  furnace slips.  Such device or devices must  be approved by, the
                     Director.

                 C.   All  devices used for  observing and recording blast furnace slips
                     shall  be maintained in good order.   Safe  and adequate  means for in-
                     spection of such devices shall be provided by the  person responsible
                     for the blast furnace.

                 D.   All  persons responsible  for blast furnaces shall make  available to
                     the Director, on request, the  records of  the required  observation
                     and recording devices.   These  records shall  be deemed  as an admis-
                     sion by the responsible  person of the number of blast  furnace
                     slips  occurring, but  they shall  not be  deemed as a limit on the
                     Director's action to  present evidence that a greater number of
                     slips  occurred than the  records indicate.
(51.17)       .6  Slag  Quenching  .
                 No person  shall  cause,  suffer,  or allow the  water  quenching  of slag  at
              any slag handling location,  except if such quenching  1s  performed under
              conditions which prevent the discharge of hydrogen  sulfide  or other  air
              contaminants  into the open air.
(51.13)       .7  Open Burning
                 A.   No person  shall  cause,  suffer,  or allow the  open  burning of any mate-
                     rials,  except where, a  permit has been  obtained  from  the  Director or
                     where  the  open  burning  is  conducted solely for the  purpose  of non-
                     commercial  preparation  of  food  for human consumption  or for recre-
                     ation.

                 B.   The Director may issue  a permit for the open burning  of material
                     during a period set by  the Director,  but only  when  the  open burning
                     is solely  for:

                     (1) The abating of a fire hazard when  a fire  is  set  by or  under
                         the supervision  of a  public officer.

                     (2) The instruction  of personnel  in  fire fighting

                     (3) The fostering of agriculture

                     (4) The conducting of  a ceremony

                     (5) Light,,  ornament, or other  purpose  contributing. a negligible
                         amount  of  air contaminants.
                                               -129-

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                 C.   Coal  Refuse Fires

                     (1)   The persons responsible for any coal  refuse pile or dump shall
                          in the case of a fire in the pile or  dump:

                          (1)  Report such fire to the Director upon  discovery,  and

                          (2)  Extinguish such fire at once, or demonstrate to the
                               satisfaction of the Director that all  necessary steps
                               are being taken to extinguish such fire,  and

                          (3)  Report the status of such  fire to the  Director at such
                               periods as he may require.

                     (2)   No person shall cause, suffer,  or allow the establishment of a
                          coal  refuse pile or dump until  a permit has been obtained from
                          the Director.   The Director shall  not grant a  permit unless
                          adequate measures have been taken to  prevent the ignition of
                          the coal  refuse pile or dump, such a  removal of all  combust-
                          ible material  and vegetation from the site, protection from
                          trespassing, and such other requirements as the Director may
                          deem necessary in view of local  conditions.

(9.0)     1811     REPORTING AND TESTING OF SOURCES
(13.0)

             .1   Reporting

                 Any  person who owns or operates a source  of air contaminants, shall,
              within  ninety (90)  days after order by the  Director,  report to  the Direc-
              tor in  a  form prescribed by the Director such information  as the Director
              may require  and is  necessary to assess the  actual  and potential  contribu-
              tion of the  'source  to the air quality of the County,  including,  but not
              limited to,  information on the quantity and  nature of potential  cr acuua"
              emissions and the nature and effectiveness  of any gas cleaning  devices op-
              erating in conjunction with the source.

             .2   Testing

                 A.   If there is  reasonable cause to believe that any equipment  or process
                     is in violation of any provision  of  this Article, or if  there is
                     reasonable cause to believe that  a source  is a substancial  contrib-
                     utor  to the  degradation of air quality,  the Director may conduct
                     emission or  ambient air tests or may  order the person responsible
                     for such source to  conduct and complete, within  a specified period
                     of time, under conditions  prescribed  by the Director,  such  tests
                     as the Director deems necessary.  The results  of such tests  shall be
                     submitted  to the Director  within  twenty (20)  days after  the tests
                     have  been  completed.

                 B.   At the request of the Director,  the  person  responsible for  such a
                     source shall  provide adequate sampling  ports,  safe  sampling plat-
                     forms, and adequate utilities for the performance of tests  at such

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    source by the Director.

C.  Whenever a test 1s required to be performed by a person who is re-
    sponsible for a source,  such test and results will  be accepted by
    the Director only if:

    (1)  Such tests are made and the results calculated in accordance
         with test procedures approved by the Director, and

    (2)  The Director has been given reasonable notice  of the testing
         and has been given  reasonable opportunity to observe and
         participate in the  testing, and

    (3)  The testing is conducted under the direct supervision of per-
         sons qualified by training and experience satisfactory to the
         Director to conduct such testing, and

    (4)  The reports of the  tests are accurate and comprehensive.

D.  Stationary Sources

    (1)  The following are applicable to source tests for determining
         emissions from stationary sources:

         (1)  All performance tests shall be conducted  while the source
              is operating at maximum routine operating conditions or
              under such other conditions, within the capacity of the
              equipment, as  may be requested by the Director.

         (2)  The Director shall consider test results  for approval
              where sufficient information is provided  to verify the
              source conditions existing at the time of the test and
              where adequate data is available to show  the manner in
              which the test was conducted.  Information submitted to the
              Director shall include, as a minimum:

              (a)  A thorough description of the source, of any gas clean-
                   ing device, and the flue, and

              (b)  Source operating conditions, e.g., charging rate of
                   raw material or rate of production of final product,
                   combustion rate, boiler pressure, oven temperature,
                   and other conditions which may affect emissions from
                   the source, and

              (c)  The location of the sampling ports,  and

              (d)  Effluent characteristics, including  velocity, tem-
                   perature, moisture content, gas composition, and
                   density,  e.g., percent S02, C02, 62, and N2, and
                   static and barometric pressures at pertinent points
                   in the system, and
                               -131-

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          (e)   Sample collection techniques  employed,  including pro-
               cedures used,  equipment descriptions, data  to  verify
               that isoklnetlc sampling occurred,  where  applicable,
               for partlculate matter collection,  and  that accept-
               able test conditions  were met,  and,

          (f)   Laboratory procedures and results,  and

          (g)   Calculated results.

(2)   The following are applicable to tests for determining omissions
     of particulate matter from stationary sources:

     (1)  Test methods for particulate emissions shall include  dry
          filters, or wet impingers, or both,  as the Director may
          specify, and provide for at least  a  ninety-five  (95)  per-
          cent collection efficiency of particulate matter.

     (2)  Isokinetic sampling procedures shall  be  used whenever it is
          possible to apply them in  sampling for particulate  matter
          emissions, and the  weights of all  soluble and  insoluble
          particulate shall be determined gravimetrically  after re-
          moval  of uncombined water.

     (3)  Test methods and procedures shall  be equivalent  to, or
          modified to produce results equivalent to, those results
        •  which would be obtained by employing the procedures speci-
          fied in References  1  and 2 of Subsection 1811.2F.   The
          equipment shall  be  inert where appropriate and similar to
          that specified in References 1, 2, and 3 of Section
          1811.2F).

     (4)  The  minimum sampling time  shall be one hour, and the  mini-
          mum  sample volume shall  be fifty (50) cubic feet corrected
          to standard conditions (dry basis).

     (5)  Results shall  be reported  both as  pounds of particulate
          matter per hour and in accordance  with units specified In
          Subsections 1809.3, 1809.4, and 1809.5 pertaining to  fuel-
          burning or combustion equipment, processes, or inciner-
          ators.

     (6)  Where the Director  determines that the above methods  and
          procedures are not  applicable, the Director shall specify
          the  appropriate sampling and testing procedures.

(3)   The following are applicable to tests for determining emissions
     of SOX» HgS, and NOX from stationary sources:

     (1)  Test methods for SOX, H2S, and NOX shall provide for  at
          least ninety-five (95) percent collection efficiency  of
          oxides  of sulfur, hydrogen sulfide,  and  oxides of nitrogen,
                          -132-

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          respectively.

     (2)   Sample collection  for SOX  shall  be  at  a  rate  proportional
          to the stack gas velocity,  where applicable,  and  the
          weight of oxides of sulfur shall  be determined  volumetri-
          cally.

     (3)   Test methods and procedures for  SOX shall  be  equivalent  tos
          or modified to produce results equivalent  to, those re-
          sults which would  be obtained by employing the  procedures
          specified in Reference 2 of Subsection 1811.2F.   The
          equipment shall be inert where   appropriate and similar  to
          that specified 1n  Reference 2 of Subsection 1811.2F.

     (4)   Sample collection  for H?S  shall  be  at  a  rate  proportional
          to the stack gas velocity,  where applicable,  and  the
          weight of hydrogen sulfide shall  be determined  colorimet-
          rically.

     (5)   Test methods and procedures for  HgS shall  be  equivalent  to,
          or modified to produce results equivalent  to, those results
          which would be obtained by employing the procedures speci-
          fied in Reference  4 of Subsection 1811.2F.  The equipment
          shall be Inert where appropriate and similar  to that  speci-
          fied in Reference  2 of Subsection 1811.2F.

     (6)   For determining emissions  of SOx and_H2S,  the minimum sam-
          pling time shall be one (1) hour and'the minimum  sample
          volume shall be thirty (30) cubic feet corrected  to stand-
          ard conditions (dry basis).

     (7)   Test methods,  procedures,  and equipment  for NOX shall  be
          similar to those specified in Reference  1  of  Subsection
          1811.2F.

     (8)   Results shall  be reported  as pounds per  hour  of SOX as
          S02> pounds per hour of H2S, or  pounds per hour of NOX as
          N02, and In accordance with units specified in  the Sec-
          tions and Subsections covering sulfur  compounds,  fuel-
          burning or combustion equipment, by-product coke-oven gas,
          sulfuric add plants, and  sulfur recovery  plants.

(4)   Test methods and procedures for determining emissions  of contam-
     inants other than particulate matter, SOX,  H2S,  and  NOX, from
     stationary sources  shall be consistent with accepted air pol-
     lution testing, practices and with obtaining accurate results
     which are representative of the conditions  evaluated,  and  such
     procedures shall be approved by the Director  and shall be  clear-
     ly recorded in the  report of test results.

(5)   Test methods and procedures for fugitive particulate matter may
     include ambient test procedures  approved by the Director and  in
                           -133-

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                 accordance with or equivalent to procedures specified 1n Ref-
                 erences 4, 5, 6, 7, 8, and 9 of Subsection 1811.2F. and other
                 provisions of this Article.

            (6)  The Director may Issue a supplement to this Section containing
                 detailed information on source test methods and procedures and
                 indicating the information that should be contained in a re-
                 port of emissions.

            (7)  Where the Director determines that the methods and procedures
                 set out in Subsection 1811.2 are not applicable, the Director
                 shall specify the appropriate sampling and testing procedures,

        E.  Ambient Levels of Air Contaminants

            Methods for determining ambient levels of air contaminants are as
            follows:

            (1)  Sampling and analytical  methods that may be used directly or
                 used as reference standards against which other methods may
                 be calibrated.  These methods are set out In Table V.
                                     TABLE V
                                           Reference Standards
     Contaminants
    Sampling Method
Settled particulates (total)
Lead
Beryllium
Sulfates (as H2S04)
Fluorides (total  soluble,
  as HF)
Hydrogen Sul fide

Suspended Partlculate
  Matter
open top cylinder (6)
high-volume filtration (7)
high-volume filtration (7)
high-volume filtration (7)
filtration plus gas
  absorption (9)
gas absorption (4)
 Analytical Method
gravimetric (6)
spectrographic (7
spectrographic (7
turbidimetric (8)
thorium-alizarin
  lake titration
methylene blue
  method (4)
(9)
high-volume filtration (7)  gravimetric (7)
            The numbers following the reference standards refer to references
            compiled at the end of Subsection 1811.2F.

            (2)  Sampling and analytical  procedures  promulgated by the Admin-
                 istrator of the United States Environmental  Protection Agency
                 pursuant to the provisions of the Clean Air  Act are  hereby in-
                 corporated, by reference,  as part of the methods listed in this
                 section.

        F.   References

            (1)  "Standards of Performance  for New Stationary Sources," Federal
                 Register Part II, Volume 36, No.  247,  pp.  24876-24895, Decem-
                 ber 23,  1971, Washington,  D.C.

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                     (2)   Devorkin,  H.,  et  al.   "Air  Pollution Source Testing Manual,"
                          Los  Angeles Mr Pollution Control  District, Second Printing,
                          November,  1965.

                     (3)   "Standard  Method  for  Sampling  Stacks for  Particulate Matter,"
                          American  Society for  Testing Materials, D 2928-71, 1916 Race
                          Street, Philadelphia,  Pennsylvania.

                     (4)   Jacobs, M. D.  et  al.,  "Ultramicrodetermination of Sulfides  in
                          Air," Anal. Chem.,  29:1349  (1957).

                     (5)   "Air Sampling  Instruments," 2nd ed., American Conference of
                          Governmental Industrial Hyglesists, 1014  Broadways Cincinnati
                          2, Ohio, 1962,  pp.  B-3-12-B-3-14.

                     (6)   "Recommended Standard  Method for Continuing Dust Fall Survey
                          (APM-1, Revision  1),"  TR-2 Air Pollution  Measurements Committee,
                          J_. Air Poll. Control Assoc.. 16:372 (1966).

                     (7)   "Air Pollution  Measurements of the National Air Sampling Net-
                          work:  Analyses of  Suspended Partlculates 1957-1961," Public
                          Health Service  Pub. No. 978, Washington,  D.C., 1962.

                     (8)   Interbranch Chemical Advisory  Committee,  "Selected Methods  for
                          the  Measurement of  Air Pollutants," PHS Pub. No. 999-AP-ll,
                          Cincinnati, Ohio, 1965, p.  1-1.

                     (9)   "Standard  Method  of Test for Inorganic Fluoride in the Atmos-
                          phere," ASTM Standards on Methods of Atmospheric Sampling and
                          Analyses,  Philadelphia, Pennsylvania, 1962, p. 67.

(4.0)     1812     AMBIENT AIR QUALITY STANDARDS

             .1   National  Ambient Air Quality Standards  promulgated by the Administrator
              of the  United States Environmental Protection Agency  pursuant to the pro-
              visions of the Clean Air Act, are  hereby incorporated, by reference, as
              part  of the  standards  of this Section.

             .2   The  Ambient A1r Quality  Standards adopted by the Pennsylvania Environ-
              mental  Quality Board,  pursuant  to  the provisions of the "Air Pollution
              Control  Act," 1960, January 8,  P.L. (1959) 2119, are  hereby incorporated,
              by referenda, as part  of the  standards  1n  this Section.

             .3   A  suspended particulate  matter  concentration of 350 ug/m3, averaged over
              four  (4) hours,  not to be exceeded, is adopted as part of the standards in
              this  Section.

             .4   The  values specified 1n  this Section shall be considered as represent-
              ing minimum  acceptable air  quality, not necessarily desirable or satisfac-
              tory  air quality.  Nothing  contained in this Section  shall be construed to
              preclude the Director  from  enforcing or applying any  provisions of this
              Article in areas where the  ambient air quality is, or will be, at
                                               -135-

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I                  concentrations  less  than  those  specified  1n  this  Section.

3    (8.0)     1813    AIR.POLLUTION  EMERGENCY  EPISODE  SYSTEM

                 .1   General

                     A.   The  purpose of this  Section  is  to  provide  the  Bureau  with  the  au-
                         thority  and means  to act to  decrease  the severity and duration of
                         high air pollution episodes.  Air  pollution  episodes  ere understood
                         to be short periods  of time  during which high  air pollution  con-
                         centrations are brought  about by the  occurrence of  stagnant  weathur
                         conditions conducive to  the  poor dispersion  of air  contaminants.
                         Such concentrations  are  defined as those which result In signifi-
                         cant harm  to  human health or welfare.'

                     B.   Such conditions are  to be avoided  by  staged  reductions  in  the  emis-
                         sion of  air pollutants and general reduction in activities which
                         place demands upon sources of air  pollution, in conjunction  with
                         air  quality measurements and meteorological  forecasts.  The  goa'i
                         of the staged reductions is  the avoidance  of conditions deemed to
                         present  imminent substantial endangerment  to human  health  snd  wel-
                         fare.

                     C.   Upon the establishment by the Department of  appropriate air  moni-
                         toring facilities  in Allegheny  County, the described  emergency epi-
                         sode system shall  be implemented.  The Department shall make availi-
                         able information on  the  location of air monitoring  facilities  and
|                         the  sampling  and data handling  techniques  employed.

j                     D.   Nothing  contained  1n this  Section  shall be construed  as allowing an
;                         emission from any  Installation  in  Allegheny  County  to be subject to
;                         a lesser degree of control than may be required by  existing  or new
;                         regulations.
i                                                              \
                 .2   Air  Pollution Source Curtailment Plans

                     A.   Any  person responsible for a source of air contamination or  a  poten-
                         tial  source of air contamination,  as  set forth in Table VIS  shell
                         prepare  source curtailment plans,  consistent with good  industrial
                         practice and  safe  operating  procedures, designed to reduce emissions
j                         of air contaminants  during periods designated  within  this  Section as
                         First Stage Alert, Second  Stage Alert, or  Emergency Stage.   Such
i                         plans shall be designed  1n accordance with the guides set  forth in
                         Table VI, which follows,  and with  any further  guides  developed  by
                         the  Department 1n  the administration of this Section.

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                                TABLE VI

                           FIRST STAGE ALERT
      Source of Emissions
                     First Stage Alert Actions
Coal or oil-fired electric
power generating facilities.
              a.  Reduction of emissions by uti-
                  lizing fuels having low ash and
                  sulfur content, using gaseous
                  fuels if possible.

              b.  Reduction of emissions by di-
                  verting electric power generation
                  to stations outside Stage I Alert
                  area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
              a.  Reduction by utilization of
                  fuels having low ash and sulfur
                  content, using gaseous fuels if
                  possible.

              b.  Reduction in steam load demands.
Manufacturing industries of the
following Standard Industrial
Classifications which employ
more than twenty (20) employees
at any one location.
Primary Metals
Paper and Allied Products
Chemicals and Allied
  Products
Petroleum Refining and
  Related Industry
Stone, Glass,, Clay, and
  Concrete Products
Group

  33
  26

  28

  29

  32
Reduction of emissions from
manufacturing operations by cur-
tailing, postponing, or defer-
ring production and allied opera-
tions.

Reduction of emissions by defer-
ring by-product or trade waste
disposal.

Reduction in emissions of air
contaminants by the maximum effi-
cient use of process heat equip-
ment.
                                  -137-

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                           SECOND STAGE ALERT
      Source of Emissions
      Second Stage Alert Action
Coal or oil-fired electric
power generating facilities.
a.  Reduction of emissions by uti-
    lizing fuels having low ash
    and sulfur content, using gas-
    eous, fuels if possible.

b.  Reduction of emissions by di-
    verting electric power gener-
    ation to stations outside Stage
    II Alert area.

c.  Reduction in power supplied to
    users outside Stage II Alert
    area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
    Reduction of emissions by uti-
    lization of fuels having low
    ash and sulfur content, using
    gaseous fuels if possible.
Manufacturing industries of the
following Standard Industrial
Classifications which employ more
than twenty (20) employees at any
one location.
Primary Metals                33
Paper and Allied Products     26
Chemicals and Allied
  Products                    28
Petroleum Refining and
  Related Industry            29
Stone, Glass, Clay, and
  Concrete Products           32
    Substantial  reduction of air
    contaminants from manufacturing
    operations by ceasing, curtail-
    ing, postponing, or deferring
    production and allied opera-
    tions to the extent possible
    without causing injury to per-
    sons or substantial damage to
    equipment.

    Substantial  reduction of air
    contaminants from by-product or
    trade waste  disposal  operations.

    Substantial  reduction in emis-
    sions of air contaminants by
    the maximum  efficient use of
    process heat equipment.

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                            EMERGENCY STAGE
      Source of Emissions
    Emergency Stage Alert Actions
Coal or oil-fired electric
power generating facilities.
a.  Reduction of emissions by uti-
    lizing fuels having low ash
    and sulfur content, using gas-
    eous fuels if possible.

b.  Reduction of generation by
    maximum reduction in power
    supplied to users outside
    Emergency Stage area.
Coal or oil-fired steam gener-
ating facilities having a rated
capacity greater than 10 million
BTU per hour.
a.  Maximum reduction by reducing
    heat and steam demands to
    absolute minimum consistent
    with preventing substantial
    equipment damage.

b.  Utilization of fuels having low
    ash and sulfur content.
Manufacturing industries of the
following Standard Industrial
Classifications which employ more
than twenty (20) employees at any
one location.
Primary Metals                33
Paper and Allied Products     26
Chemicals and Allied
  Products                    28
Petroleum Refining and
  Related Industry            29
Stone, Glass, Clay, and
  Concrete Products           32
a.  Elimination of air contaminants
    from manufacturing operations
    by ceasing, curtailing, post-
    poning, or deferring production
    and allied operations to the
    maximum extent possible without
    causing injury to persons or
    substantial damage to equipment.

b.  Elimination of air contaminants
    from by-product or trade waste
    disposal operations.

c.  Maximum reduction in emissions
    of air contaminants by the maxi-
    mum efficient use of process
    heat equipment for the purpose
    of preventing substantial damage
    to equipment.
                                  -139-

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B.  Any person responsible for the operation of a source of air con-
    taminants or potential air contaminants not specifically identi-
    fied in Table VI shall, when requested by the Director in writing,
    prepare source curtailment plans, consistent with good industrial
    practice and safe operating procedures, designed to reduce emis-
    sions of air contaminants during periods defined as First Stage
    Alert, Second Stage Alert, or Emergency Stage in accordance with the
    objectives of this Section.

C.  Source curtailment plans as required above shall be in writing and
    show the source of emissions, the approximate emissions rate and the
    minimum amount and percentage of reductions to be achieved upon
    implementation, the time necessary after notification to implement
    the plan, and a brief description of the manner in which reductions
    will be achieved, at the First  Stage Alert, Second  Stage Alert,  and
    Emergency Stage of an air pollution emergency episode.

D.  The goal of a First Stage Alert source curtailment plan is the re-
    duction of air contaminant emissions to a level that would result
    were the source in compliance with the appropriate emissions stand-
    ards contained in other sections of this Article.  The goal of a
    Second Stage Alert source curtailment plan is the substantial  re-
    duction of emissions of air contaminants by ceasing, curtailing,
    deferring, or postponing production and allied operations without
    causing Injury to persons or substantial damage to equipment.   The
    goal of an Emergency Stage source curtailment plan is the elimina-
    tion of emissions of air contaminants by ceasing, curtailing,  defer-
    ring, or postponing production and allied operations without causing
    injury to persons or substantial damage to equipment.

E.  Source curtailment plans for incinerators shall specify what prepar-
    ations have been made to handle and store, or otherwise dispose of
    without incineration, the amount of refuse that could accumulate for
    four (4) days.

F.  During conditions of Air Pollution Watch, First Stage Alert, Second
    Stage Alert, or Emergency Stage, source curtailment plans required
    by this Section shall be made immediately available on the premises
    to any person authorized to enforce the provisions of this Article.

G.  When requested by the Director, each person responsible for the op-
    eration of a source or potential source of air contaminants, who is
    required by this Section to prepare source curtailment plans,  shall
    submit its plan to the Department within thirty (30) days of the
    receipt of such a request.  If such a plan is not acceptable to the
    Director, he may issue an order directing the responsible person to
    modify and resubmit the plan, and he may set out the data by which
    such modified plan shall be resubmitted.  Such an order shall  con-
    tain the reason for disapproval and recommend specific changes or
    additions to the plan.

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    H.   The  Director  shall  have  the authority, upon his determination that
        particular  sources  are adversely contributing to an air pollution
        episode,  to order such sources  to  Implement the procedures of their
        source  curtailment  plans.  Upon notification by the Director of the
        existence of  any episode stage  and the need to implement a source
        curtailment plan, the individual responsible for the operation of
        an air  pollution source  shall implement  such a plan.

    I.   On the  basis  of plans submitted in accordance with the foregoing
        provisions  and on other  Information available to the Director, the
        Director  shall prepare a master plan describing procedures and plans
        to be followed by the Department,  individual sources, and the pub-
        lic, at each  stage  of an air pollution emergency episode.

    J.   In the  absence of a generalized condition of air pollution of the
        type referred to as Alert or Emergency Stages, if the Director
        nevertheless  finds  that  emissions  from the operation of one or more
        air  contamination sources 1s causing imminent danger to human health,
        safety, or  welfare, he may order the persons responsible for the
        sources to  reduce or discontinue emissions Immediately without re-
        gard to the other provisions of this Section.

.3   Emergency Episode Criteria

    A.   Air  Pollution Watch Criteria

        An Air  Pollution Watch shall be declared by the Director when either
        of the  following conditions have been met:

        (1)  The  Bureau has received an official meteorological forecast
            that for the next 36-hour  period or more a condition of atmos-
            pheric stagnation conducive to the  poor dispersion of air con-
            taminants will  exist, or

        (2)  The  Bureau has received an official meteorological forecast
            that a condition of atmospheric stagnation has existed for the
            preceding 12 hours  and that such conditions are forecast for
            the  next 24-hour period or more.

    B.   First Stage Alert Criteria

        The  Director  shall  declare a First Stage Alert to exist 1f0 during
        a Watch period„ any of the following values have been equalled or
        exceeded  at any official monitoring station judged by the Bureau to
        be in working condition  provided that the Bureau has obtained a
        forecast  thst for the next 24 hours or more a condition of atmos-
        pheric  stagnation conducive to  the poor  dispersion of air contamin-
        ants will exist.
                                  -141-

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The First Stage Alert values are:
c.
'Sulfur Dioxide
Soiling Index
                            or,
                            or,
      x (Soiling Index)
                            or,
Carbon Monoxide (CO)

Second Stage Alert Criteria
                                      0.30 ppm, 24-hour average,
                                      0.40 ppm, 12-hour average
                                      3.0 COH/1000 ft., 24-hour
                                      average, or 4.0 COH/1000 ft.,
                                      12-hour average
                                      0.20 ppm-COH/1000 ft.,  24-hour
                                      average, or 0.30 ppm-COH/1000
                                      ft., 12-hour average
                                      15 ppm,  8-hour average.
The Director shall declare a Second Stage Alert to exist if, during
a Watch period, any of the following values have been equalled or
exceeded at any official monitoring station judged by the Bureau to
be in working condition provided that the Bureau has obtained a-
forecast that for the next 12-hour period or more a condition of at-
mospheric stagnation conducive to the poor dispersion of air contam-
inants will exist.  The Second Stage Alert values are:
Sulfur Dioxide (S02)
Soiling Index
0.50 ppm, 24-hour average.
0.60 ppm, 12-hour average
                                                                 or
                            or,
                            or,
      x (Soiling Index)
                            or,
Carbon Monoxide (CO)
                                      6.0 COH/1000  ft.,  24-hour  av@rages
                                      or 7.0 COH/1000  ft.,  12-hour
                                      average
                                      1.0  ppm-COH/1000  ft.,  24-hour
                                      average,  or  1.5 ppm-COH/1000 ft.,
                                      12-hour average
                                      30  ppm,  8-hour average
                            or,

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    Nitrogen Dioxide (NCL)             0.30 ppm,  24-hour average

                                or,
    Oxidants                          0.25 ppm,  4-hour average.

D.   Emergency Stage

    The Chairman of the Board of County Commissioners, or his designated
    representative, in conjunction with advice from the Director,  shall
    declare an Emergency Stage to exist if, during a Watch period, any
    of the following values have been equalled or exceeded at any  offi-
    cial monitoring station judged by the Bureau to be in working  con-
    dition, provided that tht Bureau has obtained a forecast that  for
    the next 12-hour period or more a condition  of atmospheric stagna-
    tion conducive to the poor dispersion of air contaminants will
    exist.  Th@ Emergency Stage values are:
    Sulfur Dioxide (S02)
    Soiling Index
    (S02) x (Soiling Index)
    Carbon Monoxide (CO)
    Nitrogen Dioxide (N02)
    Oxidants

E.  Termination
or,


or,



or,


or,


or,
      0.80 ppm, 24-hour average
7.0 COH/1000 ft., 24-hour average
1.4 ppm-COH/1000 ft., 24-hour
average
40 ppm, 8-hour average
0.40 ppm, 24-hour average
      0.35 ppm, 4-hour average.
    (1)  An Emergency Stage declaration shall  be terminated by the
         Chairman of the Board of County Commissioners or his designated
         representative when Emergency Stage values are no longer ex-
         ceeded and when an official  meteorological forecast is received
         that for the next 24-hour period conditions conducive to the
         good dispersion of air contaminants will  exist.

    (2)  The Director shall terminate a First or Second Stage Alert
         when the respective Alert Criteria no longer are exceeded or
         when an official  meteorological forecast is received that for
         the next 24-hour period conditions conducive to the good
         dispersion of air contaminants will exist.  The latter fore-
         east will terminate a Watch.
                                -143-

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        (3)   Upon the termination of an Emergency,  or First or Second Stage
             Alert,  the Director shall  make a public announcement to that
             effect, and shall  also so  notify those persons required to
             implement source curtailment plans.

        (4)   Upon the termination of an Emergency Stage or Second Stage
             Alert,  the Director shall  prepare and  make available to the
             Advisory Committee and the public a  report on the seventy and
             duration of the  preceding  air pollution episode and  the nature
             and effectiveness  of measures taken  to control  the episode.

.4  Emergency Episode Actions

    A.   Air  Pollution Watch Actions

        Upon the declaration  of an Air  Pollution  Watch:

        (1)   The Bureau shall  review air quality  Information for  the psst
             24-hour period,  determine  the current  operational  status  a?
             the air pollution  monitoring network,  and compute all  rele-
             vant air quality Indices until  the Watch is terminated.

        (2)   The Bureau shall  notify all  sources  of air pollution that re-
             quire advance preparation  time that  a  Watch is  in effect  and
             that coordination  of episode control actions will  be required.

        (3)   The Bureau shall  notify all  affected staff and  affected State,
             Local and Federal  agencies that a Watch is  in effect and  that
             coordination of  episode control  actions will  be required.

    B.   First Stage  Alert Actions

        Upon the declaration  of a First Stage Alert:

        (1)   The Bureau shall  determine which source curtailmant  plans
             should  be placed in effect and in which area and notify those
             sources to institute First Stage Alert curtailment actions.

        (2)   The Bureau shall  notify all  affected Local,  State, and  Federal
             agencies that a  First Stage Alert is in effect  and that coordi-
             nation  of episode  control  actions is required.

        (3)   The Bureau shall  inform the public via the  mass media that a
             First Stage Alert  1s in effect.   The public shall  be requested
             to  curtail  use of  automobiles and electricity and to otherwise
             take actions required by this Article.   Individuals  sensitive
             to  high levels of  air pollution shall  be advised to  take  pre-
             cautionary measures.
                                    -144-

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    (4)  All open burning of tree waste, vegetations, refuse, or debris
         of any form shall be prohibited, notwithstanding the existence
         of any variance or program of delayed compliance.

    (5)  Incinerators used for the disposal of solid or liquid waste
         shall be operated only between the hours of 12:00 noon and
         4:00 P.M.

C.  Second Stage Alert Actions

    Upon the declaration of a Second Stage Alert:

    (1)  The Bureau shall determine which source curtailment plans
         should be placed in effect and in which areas and notify those
         sources to institute Second Stage Alert curtailment actions.

    (2)  The Bureau shall notify all affected Local, State, and Federal
         agencies that a Second Stage Alert is in effect and that con-
         tinued coordination of episode control actions is required.

    (3)  The Bureau shall inform the public via the mass media that a
         Second Stage Alert Is in effect.  The public shall be requested
         to continue to curtail use of automobiles and electricity and
         to otherwise take actions required by these regulations.  Com-
         mercial establishments Involved in retail trade, amusement, and
         recreation, office buildings, and other businesses and insti-
         tutions listed in Subsection 1813.4D.8. shall be requested by
         the Bureau to voluntarily reduce their consumption of electric-
         ity and to maintain their buildings and offices at the legal
         minimum temperature.  The Bureau shall advise those individuals
         deemed to be particularly sensitive to high levels of air pol-
         lution to take precautionary measures.  Hospitals shall be in-
         formed that a Second Stage Alert has been declared and that
         increased demand upon their facilities may be imminent.

    (4)  All open burning of tree waste, vegetation, refuse, or debris
         of any form shall be prohibited, notwithstanding the existence
         of any variance or program of delayed compliance.

    (5)  Incinerators used for the disposal of solid or liquid wastes
         shall not be operated with the exception of those used for the
         Incineration of pathogenic materials for which written permis-
         sion to operate has been obtained from the Director.

    (6)  In the event Second Stage Alert carbon monoxide, oxidant, or
         nitrogen dioxide values are exceeded at any official monitoring
         station, the Bureau shall act in concert with Local and State
         traffic control agencies to divert vehicular traffic around and
         away from affected areas and act in other ways to minimize
        .vehicular air contaminant emissions in the vicinity of affected
         areas.  The public shall be informed of the location of such
         areas and be requested to avoid them.
                              -145-

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D.  Emergency Stage Actions

    Upon the declaration of an Emergency Stage Alert:

    (I)  The Bureau shall notify all  affected Local, State, and Federal
         agencies that an Emergency Stage 1s 1n effect and that contin-
         ued coordination of episode control actions 1s required.

    (2)  The Bureau shall inform the public via the mass media that an
         Emergency Stage is in effect.   Those individuals deemed to be
         particularly sensitive to high levels of air pollution she'll
         be informed directly that an Emergency Stage has been declared
         and that increased demand upon their facilities may be imminent.

    (3)  Second Stage Alert prohibitions of open burning and incinera-
         tion shall remain 1n effect during the Emergency Stage.

    (4)  Those persons required to design emergency episode source cur-
         tailment plans shall reduce their emissions in accordance with
         the guides set forth in Subsection 1813.2 when notified by the
         Bureau that an Emergency Stage has been declared.

    (5)  All non-essential motor vehicle use within the County shall  be
         prohibited.  Essential  uses  include police, fire,  and health
         services, delivery of food and essential  fuels, waste collac-
         tion, direct conveyance between home and employment of those
         persons employed by air pollution sources required to insti-
         tute Emergency Stage source curtailment plans, travel by  em-
         ployees of the Department and  other agencies and courts needed
         to administer this Article,  direct one-way conveyance home by
         members of the public,  and travel for other purposes directly
         related to the protection of health and safety.

    (6)  All airplane flights originating within the County shall  be
         prohibited with the exception  of those required by public
         health or safety as approved by the Director in advance.

    (7)  Public buildings, apartment houses, commercial facilities list-
         ed in Subsection 1813.4D.8., air pollution sources permitted  to
         operate during an Emergency Stage, office buildings, and  other
         buildings, offices, and factories listed in the Emergency Epi-
         sode Master Plan shall  reduce  the temperature of their struc-
         tures and offices to the legal  minimum.

    (8)  All places of employment described hereafter shall  immediately
         cease operations:

         (1)  Mining and quarrying of non-metallic minerals

         (2)  All  construction work,  except that which must proceed to
              avoid physical harm

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 (3)   All  manufacturing  establishments,  except  those possessing
      emergency episode  curtailment  plans

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

 (5)   Government agencies,  boards, author!ties9 courts, and
      other  public bodies,  except those  needed  to administer
      and  enforce  the  Air Pollution  Emergency Episode  program or
      those  determined by the  Chairman of  the Board of County
      Commissioners to be vital to the public safety,  health, or
      welfare

 (6)   All  retail trade establishments, except pharmacies  and
      stores primarily engaged in the  sale of food

 (7)   Banks, credit agencies other than  banks,  securities and
      commodities  brokers,  dealers,  exchanges and services,
      offices  of insurance  carriers, agents  and brokers,  and
      real estate  offices

 (8)   Wholesale and retail  laundries,  laundry services and
      cleaning and drying establishments,  photographic studios,
      beauty shops, barber  shops, and  shoe repair shops

 (9)   Advertising  offices,  consumer  credit reporting,  adjustment
      and  collection agencies, duplicating,  addressing, blue-
      printing, photocopying,  mailing  lists,  stenographic ser-
      vices, equipment rental  services,  commercial rental  ser-
      vices, and commercial testing  laboratories

(10)   Automobile repair, automobile  services, and garages

(11)   All  wholesale and  retail handling  of gasoline

(12)   Establishments rendering amusement and  recreation services
      Including motion pictures theaters

(13)   Elementary and secondary schools,  colleges, universities,
      professional schools, junior colleges,  vocational schools,
      and  public and private libraries

(14)   All  other places of employment as  announced by the  Chair-
      man  of the Board of County Commissioners.
                      -147-

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(5.0)     1814    VARIANCES

             .1   The A1r Pollution Variance Board

                 A.   There shall  be established an Air Pollution Variance Board consist-
                     ing of five  (5) members,  appointed by the Board of County Commis-
                     sioners,  who shall  have the power to grant variances ir.  conformity
                     with this Section.   The Board of County Commissioners shall  desig-
                     nate one  member to  serve as Chairman.   Those individuals appointed
                     to the Board of Air Pollution Appeals and Variance Review under
                     Article XVII of the Allegheny County Health Department Rules and
                     Regulations, effective January 1, 1970, shall  serve as members of
                     the Air Pollution Variance Board until  the expiration of their
                     original  appointments.   Members of the Air Pollution Variance Boerd
                     appointed subsequent to the effective date of this Article shall be
                     appointed for a term of four (4) years.  The following criteria
                     shall  be  followed in appointing members to the Board:

                     (1)  Members of the Board shall  be residents of the County ov
                          Allegheny.

                  ;   (2)  One  member shall  be  an engineer registered by the Commonwealth
                          of Pennsylvania.

                     (3)  One  member shall  be  a physician licensed to practice in the
                          Commonwealth of Pennsylvania.

                     (4)  One  member shall  be  an attorney admitted to practice law be-
                          fore any court in the United States.

                 B.   Criteria  establishing general  conduct of the Board's business are
                    ' as follows:

                     (1)  All  action of  the Board shall  be by a majority of the members
                          of the  Board.

                     (2)  Meetings of the Board shall  be held at the request  of the
                          Chairman or at such  other times as the majority cf  the Board
                          shall determine.

                     (3)  The  Board shall  have the power to adopt and enforce such rules
                          of procedure as it may deem necessary to perform its duties as
                          provided in this Article.

                     (4)  Any  member of  the Board who has any personal  interest in any
                          petition for a variance which is  before the Board shall  dis-
                          qualify himself from consideration of such petition.

                 C.   The Director shall  designate a  Secretary of the Air Pollution Vari-
                     ance Board,  who shall  be  authorized to receive petitions,  accept
                     service on behalf of the  Board,  and perform such other duties as the
                     Board  may require,  including,  but not  limited  to,  notifying  the

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        Director of the status  of compliance with each  condition  attached  to
        a variance.

.2  Petitions

    The Air Pollution Variance  Board may grant an exemption  or variance
 from compliance with any emission standard or other standard of  performance
 set forth in this Article,  except those contained in Section 1813,  upon the
 petition of the person responsible for the air contamination source for
 which such an exemption is  sought.   The petition shall  be filed  with the
 Secretary of the Board and  shall  include or shall  be accompanied by the fol-
 lowing:

    (1) One hundred dollars  ($100) in cash or a certified  check in that
        amount payable to the Treasurer of the County of Allegheny

    (2) The name, address, and  telephone number of the  petitioner and any
        other parson authorized to receive notice

    (3) The type and location of the operations giving  rise  to the emissions
        for which a variance 1s sought, including a description of the proc-
        ess or activity giving  rise to such emissions

    (4) The quantity and nature of such emissions in the same units  as is  the
        standard for which a variance is being sought

    (5) Each provision of this  Article for which a  variance  is sought

    (6) A detailed plan setting forth all  steps the petitioner proposes to
        take to reduce such  emissions to a level  permitted by this Article,
        including a schedule indicating the dates upon  which each inter-
        mediate step shall be completed and the date upon  which full  com-
        pliance with the standards and requirements of  this  Article  shall  be
        achieved, and the period for which a variance is sought.

    (7) The reasons why full compliance with the standards and requirements
        of this Article cannot  be  attained at any time  prior to the  date of
        full  compliance set  forth  in petitioner's plan

    (8) Any and all  other Information and data which the Board may reason-
        ably require.

,3  Variance Standards

    A.   The Board shall  grant any  petition for a  variance, in whole  or in
        part, upon a review  of  the petition and accompanying material  and
        upon any additional  investigations which  the Board may conduct,  pro-
        vided the Board finds that:

        (1)  Such action will not  prevent or interfere with,  attainment or
             maintenance of  any ambient air quality standard contained in
             this Article within the time prescribed for the attainment  of
                                 -149-

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             such ambient air quality standard by the Clean Air Act,  or
             the Commonwealth of Pennsylvania, whichever time is the  lesser,
             and

        (2)   The quality and level  of emissions from the source at the ex-
             piration of the variance will  comply with the applicable stand-
             ards of this Article,  and

        (3)   Such action is reasonable,  considering:  the toxicity end
             other effects of such  emissions  on the public health, safety9
             and welfare;  the meteorological  factors affecting the disper-
             sion of the emissions;  the land  use characteristics  of  the
             areas affected by the  emissions;   efforts taken by the peti-
             tioner to comply with  provisions  of this Article and  any arti-
             cle that was in effect prior to  the effective date of this
             Article, which efforts are  related to those contaminants
             which are the subject  of the petition;  the status of compli<»
             ance of the petitioner;  and any  other relevant factors.
               \                                •   *
    B.   In granting a variance, the Board may  set reasonable terms and con-
        ditions  including, but not  limited  to, the following:

        (1)   The gradual  reduction  of emissions during the variance period
                        /
        (2)   The reduction, cutback, or  alteration of operations giving
           1  rise to the emissions  for which  the variance is sought

        (3)   The development of new air  pollution control  technology  by the
             petitioner

        (4)   The submission of periodic  progress reports of the steps taken
             to  reduce emissions

        (5)   The sampling of emissions and  the monitoring and  recording of
             emissions and any operating conditions that may affect the
             emissions,  at such locations,  at  such intervals of tima* and
             in  accordance with such methods and procedures as  the Board
             may prescribe, results of which shall  be submitted to the
             Board.

.4   Variance  Conditions

    A.   Any variance granted pursuant to this  Section shall  be  granted for a
        period of time not to exceed two (2) years,  and  may be  renewed after
        additional  public hearings  for additional  periods  of time,  not to
        exceed one (1) year each, and not to extend beyond a total  of four
        (4) years from the granting of the  initial  variance.  A petition  for
        the renewal  of a  variance must be submitted to the Board at least
        sixty (60)  days  prior to the expiration of the period for  which the
        variance was originally granted,  and must comply with the  require-
        ments for submission of a variance  petition as  prescribed  in  this
        Section.   The filing of a petition  for an additional  variance shall
                                  -150-

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        not  operate as a  stay of prosecution.

    B.   The  Board may, for  good cause,  revoke, modify, amend, or change,  In
        whole  or 1n part, at any time,  any granted variance.  Without in-
        tending to limit  the generality of the immediately preceding sen-
        tence, the failure  to  perform, within the time specified for such
        performance,  any  condition or requirement attached to the grant of
        a  variance, shall constitute sufficient cause to revoke such vari-
        ance.

    C.   Any  petition  which  complies with the requirements of this Section
        and  which is  received by the Board before October 1, 1972, shall
        operate as an automatic stay of prosecution for violations of those
        provisions of this  Article with respect to which the variance is
        sought, until one (1) year after the effective date of this Article
        or until the  Board  renders a decision on such petition, whichever
        comes  first.  But 1n no event shall the filing of any petition for
        a  variance, or the  grant thereof, relieve the petitioner from full
        compliance with any orders and  permits heretofore issued or any
        stipulations  and  agreements heretofore entered into by the Director,
        nor  shall such filing 1n any way preclude the Director from pur-
        suing  any and all remedies available to him at law or in equity to
        enforce such  orders, permits, stipulations, or agreements.
    D.


.5   Procedures
                   • •     -_,_-,_._-__  v      ^ -

No variance may be granted for the operation of any  single chamber
incinerator except sewage sludge incinerators.
   A.   Notwithstanding  the existence of a variance, any person responsible
        for  any air contamination  source, who  1s required by this Article to
        prepare a  Source Curtailment Plan, shall be subject to prosecution
        for  violation  of any  provision of this Article during a First Stage
        Alert, Second  Stage Alert, or Emergency Stage of an air pollution
        episode.

   B.   The  Board  shall  conduct a  public hearing on each petition for a
        variance.  The Board  may adopt such  rules and procedures as it deems
        necessary  to conduct  such  public hearings which shall be subject to
        the  following  criteria:

        (1)   Parties to  a  variance hearing may Include, aside from the peti-
             tioner, the Director  of the Allegheny County Health Department
             and other intervening parties who petition the Board under
            . procedures  established by it.

        (2)   Any party involved may appear with counsel, file written argu-
             ments, offer  testimony, cross-examine witnesses, or take any
             combination of such actions pursuant to the procedures estab-
             lished by the Board.

        (3)   In any case where a person seeking a variance contends that
                                  -151-

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      compliance with any provision of this Article 1s not practical
      or possible because of the cost Involved either 1n installing
      air pollution control equipment or changing or curtailing his
      operation 1n any manner, he shall make available to the Board
      such financial  records as the Board may require.

 (4)  All testimony taken before the Board shall  be under oath and
      may be recorded stenographically.  The transcripts of the
      record shall be made available to any person upon payment of
      the fair charges therefor.

 (5)  The Board shall notify the Director and any parties of record
      of all petitions for a variance it receives thirty (30) days
      prior to any hearing on the petition.

 (6)  All hearings must be conducted in the presence of at least
      three (3) members of the Board.  The Chairman of the Board
      may appoint any member to conduct the hearing, and the Chair-
      man or member conducting the hearing shall  have authority to
      administer oaths and do all other necessary and proper duties
      in the conducting of a hearing.

 (7)  Any person who  petitions for a variance 1n  excess of eighteen
      (18) months or who petitions for a renewal  or extension of a
      variance shall  advertise the time and place of the variance
      hearing, and Include in such notice the name of the petitioner,
      the source of emissions and emissions standard for which a
      variance is sought, a statement that any person may present
      testimony at the variance hearing, and a telephone number at
      which relevant information may be obtained.  Such notice shall
      be advertised in a prominent place and size in two newspapers
      of general circulation at least twenty (20) days before such
      hearing.

 (8)  The Board shall hold a public hearing not less than thirty (30)
      days after the  filing of a petition for variance and shall
      generally make  a final decision within ninety (90) days after
      the date of the original hearing.

 (9)  All decisions of the Board shall  be in writing, shall  contain
      findings of fact and the reasons for the decision,, and shall
      be served on all parties and the Director personally or by
      certified mail.  If service is made by certified mail, the date
      of receipt shall be considered the date of  service for the pur-
      pose of any appeal.

(10)  Any decision of the Board rendered pursuant to this Article
      shall be final.  Any appeal therefrom shall be made to the
      Court of Common Pleas of Allegheny County pursuant to the pro-
      visions of Local Agency Law 1968, December  2, P.L. 	,
      No. 353 § 1, effective January 1, 1969.

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                 .6'  Stay of Proceedings

                     In any case the Director may,  upon application of any petitioner,  grant
                  a stay of all  proceedings,  including prosecutions for violations  of this
                  Article, pending the decision of  the Board.

     (3.0)   1815    PERMITS AND FEES

                 .1  Permi ts

                     A.  Purpose

                         It is the purpose of this  Section to  insure that:
t
i
                         (1)  All  applicable  emission standards  and standards  of performance
                              will be complied with by persons operating or intending to
                              operate sources of air contaminants,  by prior review  of all
j                              plans for the construction,  modification, installation,, re-
                              placement, or reactivation of sources of air contaminants and
.                              air pollution control devices and  by  periodic review  of com-
                              pi lance with permit conditions

|                         (2)  In areas of Allegheny County in  which existing air quality is
j                        '      superior to any ambient air  quality standard, such air quality
                              will be generally maintained

                         (3)  All  new sources of air contaminants shall control  emissions to
                              the maximum extent possible  by the use of the best obtainable
                              technology.

j                     B.  Installation Permits
i
                         (1)  After the effective date of  this Article, no person shall be
!                              permitted to construct, install, modify,, replace,,  or  reacti-
;                              vate any device, machine, system,  equipment, or  other source
                              of air contaminants which may result  in the emission  of air
                              contaminants Into the open air,  or any device, machine, system,
j                              or equipment which may eliminate,,  reduce, or control  the  emis-
;                              sion of air contaminants Into the  open air, unless he has ob-
i                              tained an Installation Permit for  the construction, installa-
                              tion, modification, replacement, or reactivation of such  devices
i                              machine, system, or equipment.

;                         (2)  The provisions  of Subsection 1815.18. shall not  apply to  fuel-
.;                              burning or combustion equipment  of a  net load rating  of 200,000
i                              BTU per hour or less, motor  vehicles  or other devices used for
j                              overland transportation, or  incinerators used exclusively for
j                              domestic purposes in  buildings containing fewer  than  three
j                              dwelling units.

                         (3)  Applications for Installation Permits shall be made on forms
I                              prepared by the Director for such  purpose.   The  application
                                                   -153=

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     forms may call for Information as the Director may require to
     determine whether the permit should be Issued.  Applications
     shall be accompanied by the required fee as determined by
     Schedule I.

(4)  The Director shall reject any application for an Installation
     Permit if he finds that:

     (1)  The proposed installation, construction, modification, re-
          placement, or reactivation will result in emissions of sir
          contaminants which are in excess of amounts permitted by
          this Article;  or where no standards have been prescribed
          by this Article, the Director finds that all  available
          methods to prevent and control the emissions  of air con-
          taminants have not been utilized, or

     (2)  The operation of the Installation would prevent the attain-
          ment and maintenance of any ambient air quality standard
          defined 1n this Article, or

     (3)  For new sources, the installation does not utilize the
          best obtainable technology to control  the emission of air
          contaminants from the source, or does  not meet standards
          for new sources or sources of hazardous air contaminants
          prescribed by the Commonwealth of Pennsylvania or by the
          Administrator of the Environmental  Protection Agency pur-
          suant to the Clean A1r Act, or

     (4)  The information required by the Director in the applica-
          tion has not been supplied or is not adequate to permit
          the evaluation of the permit application.

(5)  To insure the continued compliance with the standards of this
     Article, Installation Permits issued hereunder may be subject
     to such terms and conditions as the Director may require.   The
     Director may require that Installation Permits include:   re-
     quirements for continued maintenance, alternate operational  or
     control plans designed to bring about a reduction  of air con-
     taminants on an Interim basis in compliance with Section 1813,
     provisions to equip the source of air contaminants with ade-
     quate facilities to monitor and record the  emissions of air
     contaminants, and any operating conditions  that may affect the
     emissions of a,1r contaminants.

(6)  An Installation Permit may be revoked at any time  if the Direc-
     tor finds that any statement made in the permit is not true or
     has not been complied with, or that the control  of air contami-
     nants will  not be in the manner or to the degree stated in the
     permit, or that the terms and conditions of the permit have not
     been complied with in any manner.
                          -154-

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C.  Operating Permits

    (1)  No person shall  operate any device,  equipment,  system,  machine,
         or other source of air contaminants  which may,  if uncontrolled,
         result in the emission of air contaminants,  or  any device,
         equipment, system, or machine which  may eliminate, reduce,  or
         control the emission of air contaminants into the open  air,
         unless he has obtained an Operating  Permit or a Variance Oper-
         ating Permit for the operation of such device,  machine, equip-
         ment, or system, except that the Director may permit the
         temporary operation of devices, equipment, systems, or  machin-
         ery for which an Installation Permit has been issued for the
         sole purpose of demonstrating or testing its potential  for  the
         emission of air contaminants.

    (2)  The provisions of this Subsection shall not  apply to fuel-
         burning or combustion equipment of a net load rating of 200,000
         BTU per hour or less;  motor vehicles or other  devices  used for
         overland transportation;  incinerators used  exclusively for
         domestic purposes In buildings containing fewer than three
         dwelling units;  or devices, equipment, machinery, or other
         sources of air contaminants for which a variance has been ob-
         tained under the provisions of this  Article  and which are sub-
         ject to the requirements for Variance Operating Permits.

    (3)  Applications for Operating Permits shall be  made on forms pre-
         pared by the Director for such purpose.  The application forms
         may call for such Information as the Director may require to
         determine whether the permit should  be issued.   Applications
         shall be accompanied by the required fee as  determined  from
         Schedule II.

    (4)  The Director shall reject any application for an Operating  Per-
         mit if he finds that:

         (1)  The operating of the source of  air contaminants will re-
              sult in emissions which are in  excess of amounts allowed
              by this Article;  or where no standards have been  pre-
              scribed by this Article, the Director finds that methods
              to prevent or control air contaminants  are not being uti-
              lized, or

         (2)  The operation of the installation would prevent the attain-
              ment and maintenance of any ambient air quality standard
              defined in this Article, or

         (3)  For new sources, the operation  does not utilize the best
              obtainable technology to control the emission of air con-
              taminants from the source, or does not  meet standards  for
              new sources or sources of hazardous air contaminants pre-
              scribed by the Commonwealth of  Pennsylvania or by  the  Ad-
              ministrator of the Environmental Protection Agency
                              -155-

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          pursuant to the Clean A1r Act, or

     (4)  The Information required by the Director on the applica-
          tion has not been supplied or is not adequate to permit
          evaluation of the permit application.

(5)  Operating Permits issued hereunder may be subject to such terms
     and conditions as the Director may require.   To insure the con-
     tinued compliance with the standards of this  Article., the Di-
     rector may require that Operating Permits include:   require-
     ments for continued maintenance, alternate operational or con-
     trol  plans designed to bring about a reduction of air contami-
     nants on an interim basis in compliance with  Section 1813S
     provisions to equip the source of air contaminants with adequate
     facilities to monitor and record the emissions of air contami-
     nants, and any operating conditions that may  affect the emis-
     sions of air contaminants.

(6)  Operating Permits Issued prior to the effective date of this
     Article shall  remain in effect until  December 31,  1972.   In no
     event, however, shall the provisions hereunder applicable to
     Operating Permits prevent revocation of a permit for the rea-
     sons  specified hereunder or exempt the permit holder from any
     of the provisions of this Article.   Operating Permits issued
     after December 31, 1972 shall  be valid during that calendar
     year  of its issuance, unless revoked pursuant to the provis-
     ions  set forth hereunder.

(7)  Operating Permits shall be renewed annually upon payment of the
     required fee set forth in Schedule II and a finding by the Di-
     rector that:

     (1)  All  of the terms and conditions  of the Operating Permit
          are being complied with,  and

     (2)  All  of the provisions of this Article  are being complied
          with.

(8)  The Director may revoke a permit at any time, whenever:

     (1)  Any of the terms and conditions  of permit have been  vio-
          lated, or

     (2)  Any provision of this Article has been violated, or

     (3)  Air pollution control equipment installed under the  con-
          ditions of the permit has not been maintained in good con-
          dition, or

     (4)  The Director has been denied access pursuant  to a lawful
          inspection to any premises upon  which  the subject equip-
          ment is located.

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D.  Variance Operating Permit

    (1)  No person shall  operate any device, system, machine, equipment,,
         or other source of air contaminants for which a variance has
         been applied for, unless such person has obtained a Variance
         Operating Permit.

    (2)  Applications for Variance Operating Permits shall be made on
         forms prepared by the Director.   The application forms may call
         for such information as the Director may require.  An Applica-
         tion for a Variance Operating Permit must be received within
         five (5) days after the filing of the petition for a variance.
         The application shall be accompanied by the required fee as
         determined from Schedule III.

    (3)  The Director shall reject any application for a Variance Oper-
         ating Permit 1f he finds that no petition for a variance has
         been filed.

    (4)  Variance Operating Permits shall be valid for one year, or un-
         til such time as the Board denies a variance petition, or in
         the event a variance 1s granted, until  such variance expires
         or 1s revoked, whichever of the above occurs soonest.

    (5)  Variance Operating Permits shall be renewed annually by the
         payment of the required fee set forth in Schedule III, provided
         that the Director finds that:

         (1)  The petition for variance has not yet been decided upon,
              or

         (2)  That a granted variance is still in effect.

    (6)  The Director may revoke any Variance Operating Permit at any
         time he finds that the terms of the variance are not being
         complied with.

E.  Receipt of an Installation or Operating Permit shall not exempt any
    person from complying with any provisions of this Article, nor shall
    it exempt any person from prosecution for violations of this Article,
    nor shall it connoti certification of compliance.

F.  Whenever any application for an Installation, Operating, or Variance
    Operating Permit is rejected, or any Installation, Operating or
    Variance Operating Permit is revoked, the Director shall notify the
    person involved 1n writing setting forth the reasons.  Any person
    aggrieved by the rejection or revocation of any permit application
    or permit shall be entitled to an administrative hearing pursuant to
    the provisions of Article XI of the Rules and Regulations of the
    Allegheny County Health Department.
                              -157-

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    G.   Installation,  Operating,  or Variance  Operating  Permits  may  not  be
        transferred  from one  person to  another,  and  are valid only  for  the
        specific  source  of air  contaminants for  which they  are  issued.
.2   Fees
    A.   The  Director may  not  issue  any  Installation,  Operating,  or  Variance
        Operating  Permit,  except  for  temporary  operation,  unless  he fcas  re-
        ceived  the fee, in cash or  a  certified  check  payable  to  the Treas-
        urer of Allegheny  County, in  accordance with  the schedules  herein.

    B.   In the  case of fuel-burning or  combustion equipment,  rating or
        rated capacity shall  be used  to calculate the fee.  Fees  shall b®
        required for each  individual  piece  of fuel-burning or combustion
        equipment.

    C.   In the  case of process equipment, for processes listed in Table  I9
        the  tons per hour  is  to be  calculated on the  basis of product,, feeci8
        material handled,,  or  other  denominator  of the Process Factor.  In
        the  case of process equipment,  for  processes  not listed  in  Table Is
        tons per hour is calculated on  the  weight of  the product.   Fees
        shall be required  for each  individual piece of process equipment.

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              SCHEDULE I - INSTALLATION PERMITS
             Fuel-burning or Combustion Equipment
200,000 BTU per hour to 1 million BTU
  per hour or less                                 $  5.00
1 million BTU per hour to 5 million BTU
  per hour or less                                   10.00
5 million BTU per hour to 10 million BTU
  per hour or less                                   15.00
10 million BTU per hour to 50 million BTU
  per hour or less                                   25.00
50 million BTU per hour to 100 million BTU
  per hour or less                                   50,00
100 million BTU per hour to 500 million BTU
  per hour or less                                   75.00
500 million BTU per hour to 1000 million BTU
  per hour or less                                  100.00
1000 million BTU per hour to 2000 million BTU
  per hour or less                                  125.00
2000 million BTU per hour to 3000 million BTU
  per hour or less                                  150.00
3000 million BTU per hour to 4000 million BTU
  per. hour or less                                  200.00
Over 4000 million BTU per hour                      300.00
                      Process Equipment
0 to 1  ton per hour                                $ 25.00
1 to 10 tons per hour                                75.00
10 to 100 tons per hour                             150.00
Over 100 tons per hour                  '            300.00
                             -159-

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                              Incinerators

     Domestic Incinerators serving less than
       three (3) dwelling units                         $  5.00

     Incinerators having less than 4 square
       feet of horizontal cross-sectional  area
       in the primary combustion chamber                  25.00

     Incinerators having 4 square feet or more
       of horizontal cross-sectional area in
       the primary combustion chamber                     50.00

Fees for Installation permits shall be deducted from the first annual
Operating Permit fee.
                    SCHEDULE II - OPERATING PERMITS
                  Fuel-burning or Combustion Equipment

     200,000 BTU per hour to 1 million BTU
       per hour or less                                 $  5.00

     1  million BTU per hour to 5 million BTU
       per hour or less                                   10.00

     5  million BTU per hour to 10 million BTU
       per hour or less                                   15.00

     10 million BTU per hour to 25 million BTU
       per hour or less                             '      25.00

     25 million BTU per hour to 50 million BTU
       per hour or less                                   50.00

     50 million BTU per hour to 100 million BTU,
       per hour or less                                  100.00

     100 million BTU per hour to 500 million BTU
       per hour or less                                  200.00

     500 million BTU per hour to 1000 million BTU
       per hour or less                                  300.00

     1000 million BTU per hour to 2000 million BTU
       per hour or less                                  400.00
                                 -160-

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2000 million BTU per hour to 3000 million BTU
  per hour or less                                 $500.00
3000.mi 11 ion BTU per hour to 4000 million BTU
  per hour or less                                  600.00
Over 4000 million BTU per hour                      700.00
                      Process Equipment
0 to 1 ton per hour                                $ 20.00
1 to 10 tons per hour                               100.00
10 to 100 tons per hour                             200.00
Over 100 tons per hour                              400.00
                         Incinerators
Domestic incinerators serving less than
  three (3) dwelling units                         No fee
Incinerators having less than 4 square
  feet of horizontal cross-sectional  area
  in the primary combustion chamber                $ 25.00
Incinerators having 4 square feet or more
  of horizontal  cross-sectional area in
 . the primary combustion chamber, per
  square foot of horizontal cross-sectional
  area of such horizontal cross-sectional
  area                                               10.00
          SCHEDULE III - VARIANCE OPERATING PERMITS
             Fuel-burning or Combustion Equipment
200,000 BTU per hour to 1 million BTU
  per hour or less                                 $  7.00
1 million BTU per hour to 5 million BTU
  per hour or less                       '            15.00
5 million BTU per hour to 10 million BTU
  per hour or less                                   22.00
                            -161-

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10 million BTU per hour to 25 million BTU
  per hour or less    *                 '   '         $ 37.00

25 million BTU per hour to 50 million BTU
  per hour or less                                   75.00

50 million BTU per hour to  100 million BTU
  per hour or less                                  150.00

100 million BTU per hour to 500 million BTU
  per hour or less                                  300.00

500 million BTU per hour to 1000 million BTU
  per hour or less                                  400.00

1000 million BTU per hour to 2000 million BTU
  per hour or less                                  500.00

2000 million BTU per hour to 3000 million BTU
  per hour or less                                  600.00

3000 million BTU per hour to 4000 million BTU
  per hour or less                                  750.00

Over 4000 million BTU per hour                      900.00

                      Process Equipment
            /    /
0 to 1 ton per hour                                $ 30.00

1 to 10 tons per hour                               150.00

10 to 100 tons per hour                             300.00

Over 100 tons per hour                              600.00

                         Incinerators

Domestic incinerators serving less than
  three (3) dwelling units                         No fee

Incinerators having less than 4 square
  feet of horizontal cross-sectional  area
  in the primary combustion chamber                $ 37.00

Incinerators having 4 square feet or  more
  of horizontal  cross-sectional area  in
  the primary combustion chamber, per square
  foot of horizontal cross-sectional
  area of such horizontal  cross-sectional area        15.00
                            -162-

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     (7.0)    1816    SHUTDOWN  OR  BREAKDOWN  OF  EQUIPMENT

               .  .1   Shutdown

                     In the  event of shutdown  of  any air  pollution control device for neces-
                  sary scheduled  maintenance,  the intent  to shut down  such equipment shall
I                  be  reported  to  the Director, and his approval obtained, at least 24 hours
                  prior to the planned shutdown.   Such prior  report  shall include:

                     (1)  Identification of  the specific device to be taken out of service
j                         as  well  as  its location  and permit number
                     (2)  The  expected  length  of  time  that  the device 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 extra  labor and equipment, that will
                         be taken to minimize the length of  the shutdown period

                     (5)  The  reasons, that  it  will be  impossible or  impractical to  shut down
                         the  source  of air contaminants during the  shutdown period

                     (6)  Other information required by the Director.

                 .2   Breakdown

                     A.   In the event  that any air pollution control device or related facil-
                         ity  breaks  down in such a manner  as to cause the  emission of air
                         contaminants  in violation of this Article, the person responsible
                         for  such device shall immediately notify the Director of  such fail-
                         ure  or breakdown  and provide a written statement  giving all the
                         psrtinent facts,  including the estimated duration of the  breakdown.
                         The  Director  shall be notified when the condition causing the fail-
                         ure  or breakdown  has been corrected and the device is again in op-
                         eration.

                     B.   In no case  shall  the reporting of a breakdown prevent the prose-
                         cution for  any  violation of  this  Article.
j                 .3   Cold  Start
                     In  the  event  that any  person  intends to perform a cold start on any
                  fuel-burning  or  combustion equipment,  such intent shall be reported to the
                  Director at least  24 hours prior to the planned cold start.  Such report
                  shall  include the  expected time  and duration of the startup.
1     (16.0)   1817    PENALTIES
i

j                 .1   Summary  Offenses
                     Any  person who  violates any of the provisions of this Article or any
                  rule  or regulation of  the Allegheny County Apartment of Health or who
                                                   -163-

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             interferes with the Director or any other agent of the Department of
             Health in the discharge of his official duties, shall, for the first of-
             fense, upon conviction thereof 1n a summary proceeding before any alder-
             man or justice of the peace of Allegheny County, or before any police
             magistrate if such offense be committed in a city of the second class,  be
             sentenced to pay the costs of prosecution and a fine of not less than
             thirty ($30) dollars nor more than three hundred ($300) dollars and, in
             default thereof, to undergo imprisonment of not less than ten (10) days
             nor more than thirty (30) days.

            .2  Misdemeanors

                Any person who violates any of the provisions of this Article or any
             rule or regulation of the County Department of Health or who interferes
             with the Health Director or any other agent of the Department of HoaHh In
             the discharge of his official  duties, convicted of a second or subsequent
             offense, shall be guilty of a misdemeanor and shall, upon conviction
             thereof, be sentenced to pay a fine of not less than five hundred ($BCO)
             dollars nor more than one thousand ($1,000) dollars or to undergo impris-
             onment not exceeding one (1) year, or both.

            .3  Separate Offenses

                For the purpose of this Section, violations on separate days shall be
             considered separate offenses.   Each violation of any separate subsection
             or section of this Article shall  constitute a separate offense.

            .4  Other Remedies
                         -- " —-~*                    i

                The remedies  prescribed by this Article shall  be deemed concurrent,,  and
             the existence of or exercise of any remedy shall  not prevent the Commis-
             sioner of the Director from exercising any other remedy they may have at
             law or in equity.

(50.7)  1818    NUISANCES

             Any violation of any section of this  Article shall  constitute a nuisance.

(2.0)   1819    APPLICATION FOR INJUNCTIVE  RELIEF

             In addition to any other remedies provided for in this Article,  the  Board
        of Health or the Director may request the  Board of County Commissioners  to pe-
        tition the Allegheny  County Court of Common Pleas for an injunction  to restrain
        any violation of this Article.

(2.0)   1820    OTHER RIGHTS  AND REMEDIES PRESERVED

             Nothing in this  Article shall  be construed as impairing any right or
        remedy, now or hereafter existing in  equity or under common or statutory  law,
        to abate private or public nuisances,  nor  shall  the Court of Common  Pleas of
        Allegheny County be deprived of such  jurisdiction for the reason  that such
        nuisance constitutes  air pollution.
                                              -164-

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(2.0)   1821     SEVERABILITY CLAUSE

             The provisions of this Article shall  be severable.   If any  provision  of
        this  Article 1s found by a  court of record to be  unconstitutional  or void,  the
        remaining provisions of the Article shall, nevertheless,  remain  valid;   unless
        the court finds the valid provisions of the Article are so  essentially  and in-
        separably connected with, and so depend upon, the void provision that it can-
        not be presumed that the Commissioners  would have enacted the  remaining valid
        provisions without the void ones, or unless the court finds the  remaining  val-
        id provisions,  standing alone, are incomplete and are incapable  of being exe-
        cuted in accordance with the Commissioners' intent.

(2.0)   1822     REPEALER

             Article XVII0 Rules and Regulations of the Allegheny County Health Depart-
        ment, effective January 1»  1970, is hereby repealed.
             This artlel© shall  besom© effective on
1972.
                                              -165-

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                            APPENDIX TO ARTICLE XVIII

Allowable Emission Graphs
     Coke Oven Gas:  Sulfur Compounds
     Sulfur Oxides:  Fuel-Burning or Combustion Equipment
     Sulfur Oxides:  Sulfur Recovery Plants
     Particulate Matter:  Processes listed in Table I
     Particulate Matter:  Fuel-Burning or Combustion Equipment
Table of Ambient Air Quality Standards
                                      -166-

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                      COKE OVEN  GAS:   SULFUR COMPOUNDS
                                                       5    6   7   8  9 10
v/l
s
UJ
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a
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                 M m MM M» m m m * • « »11»11 u (»i

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            E  = HEAT  INPUT.   10  BTU/HR


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     SULFUR OXIDES:   SULFUR  RECOVERY PLANTS

= nn»imnin«
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PARTICULATE MATTER:   PROCESSES LISTED IN TABLE  I
                                         i--
                                   d --i-c-iir ^ilfaH! ar 3-jfc:r. j:'
                                                          co
                                                          c;
                                                      o  9
                                                          Ml
                                                          00
 A = ALLOWABLE  EMISSIONS, LBS/HR
                      -170-

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       E =  HEAT  INPUT,  10b BTU/HR

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                          AMBIENT AIR QUALITY STANDARDS
     The following ambient air quality standards are Incorporated in Article
XVIII.  Except where stated, these are maximum values in units of micrograms
per cubic meter, not to be exceeded.

CONTAMINANT                         CONCENTRATIONS AVERAGED OVER

                        1 yr.   30 days   24 hr.   8 hr.   4 hr.   3 hr.   1 hr.

Suspended Particulate
Matter
  National Primary        75*             260^
  National Secondary      60              150C
  Allegheny County                                         350

Sulfur Oxides               h
  National Primary        80°             365C                         .
  National Secondary      60°             260C                     1300C

Nitrogen Oxides
  National Primary &        b
  Secondary              100
                                        i
Carbon Monoxide
  National Primary &
  Secondary                                       10,000C                 40,000C
                                                                                c
Photochemical Oxidants
  National Primary &
  Secondary                                                                  160

Hydrocarbons
  National Primary &                                                   H
  Secondary                                                       160C'°

Settled Particulates6    800b   1500

Lead6                              5

Berry!lium6                     0.01

Sulfates (as H2S04)e              10       30

Fluorides6
  (total soluble, as HF)           5

Hydrogen Sulfide6                         0.005 ppm                       0.1 ppm
                                       -172-

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     For conversion of standards  for gaseous  contaminants  from ug/m  to  ppm
(dry volume)  multiply ug/m3 by (24.5 /  1000 x molecular weight).
   geometric mean
   arithmetic mean
   not to be exceeded  more  than  once a year
   only applicable  6 AM - 9 AM
   Commonwealth  of  Pennsylvania  Standards,  incorporated  by  reference  in
   Article XVIII
                                      -173-

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FEDERALLY PROMULGATED
    REGULATIONS
         -174-

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   (14.0)   52.2024   Public Avail abilityof Data

            (b)  Regulation for public availability of emission data

                 (1)  Any person who cannot obtain emission data from the Agency responsible
                      for making emission data available to the public, as specified in the
                      applicable plan concerning emissions from any source subject to emis-
                      sion limitations which are part of the approved plan may request that
                      the appropriate Regional Administrator obtain and make public such
                      data.  Within 30 days after receipt of any such written request, the
                      Regional Administrator shall require the owner or operator of any such
                      source to submit information within 30 days on the nature and amounts
I                      of emissions from such source and any other information as may be
{                      deemsd necessary by the Regional Administrator to determine whether
;                      such source is in compliance with applicable emission limitations or
                      other control measures that are part of the applicable plan.
i
j                 (2)  Commencing after the initial notification by the Regional Administrator
                      pursuant to paragraph (b)(T) of this section, the owner or operator of
i                      the source shall maintain records of the nature and amounts of emis-
;                      sions from such source and any other information as may be deemed
i                      necessary by the Regional Administrator to determine whether such
                      source 1s in compliance with applicable emission limitations or other
                    ,  control measures that are part of the plan.  The information recorded
                      shall be summarized and reported to the Regional Administrator, on
                      forms furnished by the Regional Administrator, and shall be submitted
                      within 45 days after the end of the reporting period.  Reporting peri-
!                      ods are January 1 - June 30 and July 1 - December 31.

!                 (3)  Information recorded by the owner or operator and copies of this sum-
I                      marlzing report submitted to the Regional Administrator shall be re-
i                      tained by the owner or operator for 2 years after the date on which
I                      the pertinent report 1s submitted.
                 (4)  Emission data obtained from owners or operators of stationary sources
                      will bi correlated with applicable emission limitations and other con-
                      trol measures that are part of the applicable plan and will be avail-
                      able at the appropriate regional office and at other locations in the
                      state designated by the Regional Administrator.

     (12.0)  52.2038   Inspection and maintenance

            (a)  Definitions:

                 (1)  "Inspection and maintenance program" means a program to reduce emis-
                      sions from 1n-use vehicles through Identifying vehicles that need emis-
                      sion control related maintenance and requiring that such maintenance
                      be performed.

                 (2)  "Light-duty vehicle" means a gasoline, powered motor vehicle rated at
                      6,000 Ib 6VW (gross vehicle weight) or less.
                                                   -175-

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     (3)  "Medium-duty vehicle" means a gasoline powered motor vehicle rated at
          more than 6,000 Ib GVW and less than 10,000 Ib GVW.

     (4)  All  other terms used in this section which are defined in Appendix N
          to Part 51  of this chapter, are used herein with the meanings as de-
          fined.

(b)   This section is  applicable in the Pennsylvania portion of the Metropolitan
     Philadelphia Interstate AQCR and in the Southwest Pennsylvania IntrEstate
     AQCR.

(c)   The Commonwealth of Pennsylvania shall  submit to the Administrators, no
     later than February 1,  1974, a detailed compliance schedule showing tha
     steps that will  be taken to establish and enforce an inspection and main-
     tenance program pursuant to paragraph (d) of this section.   The compliance
     schedule  shall include:

     (1)  The  text of any statutory proposals and regulations  that are needed
          to carry out the inspection/maintenance program.

     (2)  A detailed  timetable describing the steps that must  be taken (and the
          date by which such steps will  be taken) to ensure the  timely sub-
          mittal  of any needed legislation to the legislature  and to ensure
          timely  adoption of the regulations needed for paragraph (d)  of this
          section.

     (3)  A signed statement by the chief executive of the Commonwealth identi-
          fying the sources  and amounts  of funding for the inspection/mainten-
          ance program.  If  funds cannot legally be obligated  under existing
          statutory authority, the text of the needed legislation shall  be
          submitted to the Administrator pursuant to paragraph (c)(l)  of this
          section.

(d)   The Commonwealth of Pennsylvania shall  establish an inspection and main-
     tenance program  applicable to all  light- and medium-duty  vehicles subject
     to registration  in Pennsylvania and registered to persons residing i.i any
     area defined in  paragraph (b) of this section.   No later  than April  1,
     1974, the Commonwealth  of Pennsylvania  shall submit legally adopted regu-
     lations to the Administrator establishing such a program.   The Common-
     wealth may exempt any class or category of vehicles which the Commonwealth
     finds is  rarely  used on public streets  and highways (such as classic or
     antique vehicles).  The regulations shall include:

     (1)  Provisions  for the inspection  of all light- and medium-duty vehicles
          subject to  this section at periodic intervals of no  more than 1  year
          by means of an idle test.  Such inspection must be performed within
          one  of the  AQCR's  subject to this  section.

     (2)  Provisions  for inspection failure  criteria consistent  with average
          annual  vehicular exhaust emissions reductions of 8 percent for carbon
          monoxide and 10 percent for hydrocarbons of the amounts that would
          have been emitted  by vehicles  subject to this section  without the
                                      -176-

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                  program.   These  criteria  shall  Include  an  Initial  failure  rate  of  30
                  percent.

             (3)   Provisions to  require  that failed  vehicles receive,, within 2 weeks,
                  the maintenance  necessary to  achieve  compliance with  the inspection
                  standards.  This shall  include  sanctions against  individual owners
                  and repair facilities,  retest of failed vehicles  following mainte-
                  nance,,  a  certification  program  to  ensure that  repair  facilities per-
                  forming the required maintenance above  the necessary  equipment, parts,
                  and knowledgeable operators to  perform  the tasks  satisfactorily,, and
                  such other measures  as  may be necessary or appropriate.

             (4)   A program of enforcement  to ensure that vehicles  are  not intention-
                  ally readjusted  or modified subsequent  to  the  inspection and/or main-
                  tenance in such  a way  as  would  cause  them  no longer to comply with
                  the inspection standards.   This might include  spot checks  of idle
                  adjustments and/or a suitable type of physical tagging.  This program
                  shall  Include  appropriate penalties for violation.

             (5)   Designation of the agency or  agencies responsible for conducting,
                  overseeing, and  enforcing the inspection and maintenance program.

             (6)   Provisions for beginning  the  first Inspection  cycle no later than
                  May 1,  1975, and for completing 1t no later than  April 30, 1976,

             (7)   Criteria  and procedures for Identifying, whether  by specially marked
                  license plates,,  registration  cards, or  otherwise, vehicles subject
                  to the  requirements  of this section.

        (e)   After April  30„ 1976, the Commonwealth  of  Pennsylvania shall now allow  to
             operate on its streets and  highways  vehicles subject to this section which
             do not display a valid State sticker certifying compliance with the  applic-
             able standards and  procedures  of paragraph (d)  of this section.  This shall
             not apply to the initial  registration of a new  motor vehicle.

        (f)   After April  30„ 1976, no  owner of  a  vehicle  subject to this section  shall
             operate or allow to be operated a  vehicle  which does not display a valid
             State sticker  certifying  compliance  with the applicable standards and pro-
             cedures adopted pursuant  to  paragraph (d)  of this section.  This shall  not
             apply to the initial  registration  of a  new motor vehicle.

        (g)   The requiremants of this  section shall  apply to any vehicle registered  to
             any parson residing outside  any area defined in paragraph  (b) of this sec-
             tion if said vehicle  1s used primarily  within any such area.

(12.0)   52.2039   A1r blesd to intake  manifold  retrofit

        (a)   Definitions:

             (1)   "Air bleed to  intake manifold retrofit" means  a system or  device (such
                  as a modification to the  engine's  carburetor or positive crankcase
                  ventilation system)  that  results 1n engine operation  at an increased
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          air-fuel  ratio so as to achieve reductions in exhaust emissions  of
          hydrocarbons and carbon monoxide from 1967 and earlier light-duty
          vehicles  of at least 21 percent and 58 percent, respectively.

     (2)  "Light-duty vehicle" means a gasoline-powered motor vehicle rated at
          6,000 Ib  GVW (gross vehicle weight) or less.

     (3)  All  other terms used in this section that are' defined in Appendix N,
          to Part 51  of this Chapter, are used herein with the meanings  so de-
          fined.

(b)  This section is  applicable in the Allegheny County portion of the Southwest
     Pennsylvania Intrastate AQCR and the Pennsylvania  portion of the Metro-
     politan Philadelphia Interstate AQCR.

(c)  The Commonwealth of Pennsylvania shall  establish a retrofit program to en-
     sure that on or  before June 1,  1976, all  light-duty vehicles of model  years
     prior to 1968, subject to registration  in Pennsylvania and registered to
     persons residing in any area defined in paragraph  (b) of this section, are
     equipped with  an appropriate air bleed  to intake manifold retrofit  device.
     No later than  April  1, 1974, the Commonwealth  shall  submit legally  adopted
     regulations  to the Administrator establishing  such a program.  The  Common-
     wealth may exempt any class or  category of vehicles that the Commonwealth
     finds is  rarely  used on public  streets  and highways (such as classic  or
     antique vehicles).  The regulation shall  include:

     (1)  Designation of an agency responsible for  evaluating and approving such
          devices for use on vehicles subject to this section.

     (2)  Designation of an agency responsible for  ensuring that the provisions
          of paragraph (c)(3) of this section are enforced.

     (3)  Provisions  for beginning the Installation of  the air bleed devices by
          August  1, 1975, with installation  of the  devices on all  vehicles  sub-
          ject to this section no later than May 31, 1976.

     (4)  Procedures  for ensuring that those installing the retrofit devices
          have the  training and ability to perform  the  needed tasks  satisfac-
          torily  and  will have an adequate supply of retrofit components.

     (5)  Criteria  and procedures for identifying,  whether by specially  marked
          license plates, registration cards,  or otherwise, vehicles subject to
          the requirements of this section.

(d)  After June 1,  1976,  the Commonwealth shall not register or allow to op-
     erate on its streets or highways any light-duty vehicle subject to  this
     section which  does not comply with the  applicable  standards and procedures
     adopted pursuant to  paragraph (c) of this section.

(e)  After June 1,  1976,  no owner of a vehicle subject  to this section shall op-
     erate or allow the operation of any such  vehicle that does not  comply  with
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              the  applicable  standards and  procedures  Implementing this section.

         (f)   The  Commonwealth  of Pennsylvania  shall submit to the Administrator no later
              than February 1,  1974,  a detailed compliance schedule showing the steps it
              will take to  establish  and  enforce a  retrofit program pursuant to paragraph
              (c)  of this section,  including:

              (1)   The  text of  statutory  proposals  and regulations that the Commonwealth
                   proposes for adoption.

              (2)   The  date by  which  the  State  will  recommend needed  legislation to the
                   State legislature.

              (3)   The  date by  which  the  Commonwealth  will evaluate and approve devices
                   for  use  in this  program.  Such date shall be  no later than September
                   30,  1974.

         (g)   The  rsquirgmants  of this section  shall apply to any vehicle registered to
              any  person residing outside any area  defined 1n paragraph (b) of this sec-
              tion if said  vehicle 1s used  primarily within any  such  area.

(12.0)    52.2040   Management of parking  supply

         (a)   Definitions:

              (1)   "Parking facility" (also called  "facility") means  a lot, garage, build-
                   ings or  structure, or  combination or portion  thereof, in or on which
                   motor vehicles are temporarily parked.

              (2)   "Vehicle trip" means a single movement by a motor  vehicle that orig-
                   inates or  terminates at  a parking facility.

              (3)   "Construction" means fabrication, erection, or installation of a park-
                   ing  facility,, or any conversion  of  lane, buildings, or structures, or
                   portions thereof,  for  use as a facility.
                       Ideation"  means  any change  to a  parking  facility that  increases
                   or may increase the motor vehicle capacity of, or  the motor vehicle
                   activity associated with, such parking  facility.

              (5)   "Commence"  means to undertake a  continuous program of on-site con-
                   struction or modification.

              (6)   "Philadelphia CBD" means the area within  the  City  of Philadelphia,
                   Pennsylvania, bounded by, but not including,  Vine  Street, South Street,
                   and Schuylkill  River, and the Delaware  River.

         (b)  This section is  applicable in the Southwest  Pennsylvania Intrastate AQCR
              and  in the Philadelphia CBD of the Pennsylvania portion of the Metropolitan
              Philadelphia Interstate AQCR.             .

         (c)  The  requirements of  this section are  applicable to the  following parking
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     facilities in the areas specified in paragraph (b) of this section, the
     construction or modification of which 1s commenced after January 1, 1975.

     (1)  Any new parking facility with parking capacity for 50 or more motor
          vehicles;

     (2)  Any parking facility that will  be modified to increase parking capac-
          ity by 50 or more motor vehicles;  and

     (3)  Any parking facility constructed or modified in increments  which indi-
          vidually are not subject to review under this section, but  which,  whefl
          all such increments occurring since January 1, 1975,  are added to-
          gether as a total, would subject the facility to review under this
          section.

(d)  No person shall  commence construction or modification of any facility sub-
     ject to this section without first obtaining written approval from the  Ad-
     ministrator or an agency designated by him;  provided,  that this paragraph
     shall  not apply to any proposed construction or modification for which  a
     general construction contract was finally executed by all  appropriate par-
     ties on or before January 1, 1975.

(e)  No approval  to construct or modify a facility shall be  granted unless the
     applicant shows  to the satisfaction of the Administrator or agency approved
     by him that:

     (1)  The design  or operation of the facility will  not cause a violation of
          the control  strategy which 1s part of the applicable  implementation
          plan, and will  be consistent with the plan's  VMT reduction  goals.

     (2)  The emissions resulting from the design or operation  of the facility
          will  not prevent or interfere with the attainment  or  maintenance of
          any national  ambient air quality standard at  any time with  10 years
          from the date of application.

(f)  All applications for approval  under this section shall  include the follow-
     ing information:

     (1)  Name and address of the applicant.

     (2)  Location and description of the parking facility.

     (3)  A proposed  construction schedule.

     (4)  The normal  hours of operation of the facility and  the enterprises  and
          activities  that it serves.

     (5)  The total motor vehicle capacity before and after  the construction or
          modification of the facility.

(g)  The Administrator or agency approved by him may require an application  to
     include the  following information:
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     (1)   The number of people  using or  engaging  1n any enterprises or activit-
          ies that the  facility will serve  on  a dally basts and a  peak hour
          basis.

     (2)   A projection  of the geographic areas In the community from which
          people  and motor vehicles will  be drawn to the  facility.  Such  pro-
          jection shall  include data concerning the availability of mass  transit
          from such areas.

     (3)   An estimate of the average and peak  hour vehicle trip generation rate
          before  and after construction  or  modification of the facility.

     (4)   An estimate of the effect of the  facility on traffic pattern and flow.

     (5)   An estimate of the effect of the  facility on total  VMT for the  air
          quality control  region.

     (6)   An analysis of the effect of the  facility on total  VMT for the  air
          quality including a showing  that  the facility will  be compatible with
          the applicable implementation  plan,  and that the facility will  not
          cause any national air quality standard to be exceeded within 10 years
          from date of  application.  The Administrator may prescribe a standar-
          dized screening technique to be used in analyzing the effect of the
          facility on ambient air  quality.

     (7)   Additional  Information,  plans, specifications,  or documents required
          by the  Administrator.

(h)   All  applications under this section, for  new parking facilities with park-
     ing  capacity for 250 or more  vehicles, or for any modification which,
     either individually or together with modifications since January 1,  1975,
     will  increase capacity by  that amount, shall, in addition to  that informa-
     tion required by paragraph (f) of-this section, include  the information re-
     quired by paragraphs (g)(l) through (7) of this section  unless the appli-
     cant has received  a waiver from any provisions of such paragraph from the
     Administrator or agency approved  by him.

(i)   Each application shall be  signed  by the owner or operator of  the facility„
     whose signature shall  constitute  an agreement that the facility shall be
     operated in  accordance with applicable rules, regulations, permit condi-
     tions, and the design submitted in  the application.

(j)   Within 30 days after recilpt  of an  application, the  Administrator or agency
     approved by  him shall  notify  the  public,  by  prominent advertisement  in the
     Region affected, of tha receipt of  the application and the proposed  action
     on 1t (whether approval, conditional approval, or denial), and shall Invite
     public comment.

     (1)   The application,  all  submitted information, and the terms of the pro-
          posed action  shall be made available to the public  in a  readily acces-
          sible place within the affected air  quality region.
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              (2)   Public  comments  submitted  within  30 days  of the date such information
                   is  made available  shall  be considered in  making the final decision on
                   the application.

              (3)   The Administrator  or agency approved by him shall  take final  action
                   (approval,  conditional approval,  or denial) on  an  application within
                   30  days after close of the public comment period.

              Note:  The provisions of 52.2040 were  suspended indefinitely at 40 FR  29714S
                    July  15,  1975.

(12.0)    52.2041    Study and establishment  of bikeways

         (a)   Definitions:

              (1)   "Philadelphia CBD" is defined  as  the area within the City of  Phila-
                   delphia, Pennsylvania, bounded by,  but not including Vine Street,
                   South Street, the  Schuylkill River, and the Delaware River.

              (2)   "Pittsburgh CBD" is defined as the  area enclosed by the Allegheny
                   River,  the  Monogahela River, and  1-876.   1-876  is  not included.

         (b)   This  section is  applicable in the Southwest Pennsylvania Intrastate AQCR
              and  in the Pennsylvania portion of  the Metropolitan  Philadelphia Inter-
              state AQCR (the  Regions).

         (c)   The  Commonwealth of Pennsylvania shall,  according to the schedule  set forth
              in paragraph (d) of this section, conduct a study of, and shall  in that
              study recommend  locations  for exclusive  bicycle lanes and bicycle  parking
              facilities in the areas described in paragraph (b) of this section.  The
              study shall  be made with a view toward maximum safety and security.  The
              study shall  include consideration of the physical  designs for such lanes
              and  parking  facilities, and of  rules of  the road for bicyclists and, to. the
              extent that  present rules  must  be modified because of bicycle lanes^ new
              rules of the road for motorists.  In conducting the  study, opportunity
              shall be given for public  comments  and suggestions.   The study shall recom-
              mend as  large a  network of new  CBD-oriented commuter bicycle lanes and  bi-
              cycle parkina facilities as is  practicable within the areas described in
              paragraph (b) of this section and shall  recommend physical  designs for  said
              lanes and facilities.   The networks shall  contain at least 25 miles of  ex-
              clusive  bicycle  lanes in each direction  in the Pennsylvania portion of  the
              Metropolitan Philadelphia  Interstate AQCR and  shall  contain at least 10
              miles of such lanes in  each direction  within the Southwest Pennsylvania
              Intrastate AQCR.

         (d)   The  Commonwealth of Pennsylvania shall submit  to the Administrator no later
              than March 1, 1974, a detailed  compliance schedule showing the steps that
              will be  taken to carry  out the  study required  by paragraph (c)  of  this  sec-
              tion.  The compliance schedule  shall at  a minimum include:

              (1)  Designation of the agency  responsible for conducting the study.
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     (2)   A date for initiation of the study,  which  date  shall  be  no  later  than
          May 1, 1974.

     (3)   A date for completion of the study,  and  submlttal  thereof to  the  Ad-
          ministrator,  which date shall  be no  later  than  March  1,  1975.

     (4)   A detailed timetable describing the  steps  that  must be taken  and  when
          these steps will  be taken to ensure  the  timely  submittal  of any legis-
          lation needed to  generally authorize establishment of bikeways and
          parking facilities in Pennsylvania to the  State legislature.

(e)   On or before April  1,  1975, the Administrator shall  submit to the  Common-
     wealth of Pennsylvania his response to the study required  by  paragraph (c)
     of this section8 and shall, 1n that response, either approve  the route and
     parking facility location and designs recommended 1n the study,  or shall
     designate alternative  and/or additional route and parking  facility loca-
     tions and daslgns.

(f)   The  Commonwealth of Pennsylvania, and such county and local jurisdictions
     as the Commonwealth shall request to participate in  the establishment  of
     the  networks (the  Commonwealth must request the participation of a county
     or local  jurisdiction  if the participation of that jurisdiction  Is neces-
     sary to the establishment of the lanes and other facilities required by
     this section) shall establish, according  to the schedule set  forth in  the
     compliance schedule required by paragraph (g) of this section, bike lanes
     and  parking facilities along the routes and in  the locations  approved  or
     designated by the  Administrator pursuant  to paragraph (e)  of  this  section.

(g)   On or before June  1, 19759 the Commonwealth of  Pennsylvania,  and such  coun-
     ty and local jurisdictions as the Commonwealth  has requested  to  partici-
     pate (and ares therefore, required to participate by paragraph (f) of  this
     section)  shall submit  to the Administrator compliance schedules  which  shall
     show in detail the steps which each governmental  entity will  take  to .estab-
     lish the bike lanes^and parking facilities required  by this section.   The
     schedule must include  as a minimum the following:

     (1)   Each lane and parking facility must  be identified with a date set for
          its-establishment.

     (2)   The design0 security, and safety features  of each lane and  parking
          facility must be  precisely described and shown  to be  in  accord with
          the designs approved or designated by the  Administrator  pursuant  to
          paragraph (e)  of  this section.

     (3)   A date must be set for the initiation of lane and parking constructions
          which date shall  be no later than September 1,  1975.

     (4)   A data must be set for completion of 50  percent of lane  and parking
          construction,  which date shall be no later than February 1, 1976.

     (5)   A date must be set for completion of 100 percent of lane and  parking
          construction,  which dati shall be no later than May 31,  1976.
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              (6)   Designation must be made of the agencies responsible for guaranteeing
                   the establishment of the lanes and facilities  1n accordance with the
                   Administrator's  response to the Commonwealth study.

              (7)   Signed statements of the chief executives of all  jurisdictions  In-
                   volved in the establishment of the lanes and parking facilities re-
                   quired by this section,  or their designees,  must be  submitted iden-
                   tifying the sources and  amounts of funding for the programs required
                   by this section, along with a  timetable to ensure that  proper funds
                   will  be available.

         (h)   No later than August  1,  1975, each  governmental entity required by this  sec«
              tion  to establish bicycle lanes and/or parking facilities, shall submit  w
              the Administrator legally adopted regulations sufficient  to  implement aad
              enforce all  of the requirements of  this section.

         (i)   Notwithstanding paragraph (c) of this section, if prior to the completion
              and submittal  of the  study required by paragraph  (c)  of this section the
              Commonwealth of Pennsylvania  has good and  reasonable  cause,  through  public
              comment or otherwise, to believe that the  maximum practicable network of
              bicycle lanes  will  be less than 25  miles,  1n each direction, in the  Penn-
              sylvania portion of the  Metropolitan Philadelphia Interstate AQCR, and/or
              less  than  10 miles, in each direction, in  the Southwest Pennsylvania Intra-
              state AQCR,  the Commonwealth  shall  so notify the  Administrator and shall
              obtain his concurrence or nonconcurrence,  and shall conduct  the remainder
              of the study to assure that the network of lanes  shall  be that mileage
              specified  by the Administrator.   Notice pursuant  to this  paragraph shall  be
              given no later than the  beginning of the ninth month  of the  study.

(12.0)    52.2042   Gasoline transfer vapor  control

         (a)   "Gasoline" means any  petroleum distillate  having  a  Reid vapor pressure of
              4  pounds or greater.

         (b)   This  section is applicable in the Allegheny County  portion of the  Southwest
              Pennsylvania Intrastate  AQCR.

         (c)   No person  shall  transfer gasoline from any delivery vessel into any  sta-
              tionary storage container with a capacity  greater than 250 gallons unless
              the displaced  vapors  from the storage container are processed by a system
              that  prevents  release to the  atmosphere of no less  than 90 percent by
              weight of  organic compounds 1n said vapors displaced  from the stationary
              container  location.

              (1)   The vapor recovery  portion of  the system shall include  one or more  of
                   the following:

                   (i)   A vapor-tight return line from  the storage  container to the de-
                         livery vessel  and  a system that will ensure that  the vapor re-
                         turn line  is  connected before gasoline can  be  transferred into
                         the container.
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          (ii)   Refrigeration-condensation system or equivalent designed to re-
                cover no less than 90 percent by weight of the organic  compounds
                in the displaced vapor

     (2)  If a  "vapor-balance return" or "simple displacement" system is used
          to meet the requirements of this section,  the system shall  be so con-
          structed as to be readily adapted to retrofit with an adsorption sys-
          tem,  refrigeration-condensation system, or equivalent vapor removal
          system.

     (3)  The vapor-laden delivery vessel shall  be subject to the following con-
          ditions:

          (1)   The delivery vessel  must be so designed and maintained  as to be
                vapor-tight at all times.

          (11)   Within the Southwest Pennsylvania Intrastate AQCR, the  vapor-
                laden delivery vessel may be refilled only at facilities equip-
                ped with a vapor recovery system or the equivalent, which can
                recover at least 90 percent by weight of the organic  compounds
                in the vapors displaced from the delivery vessel  during refill-
                ing.

          (iii) Gasoline storage compartments of 1,000 gallons or less  in gaso-
                line delivery vehicles presently in use on the promulgation date
                of. this section will not be required to be retrofitted  with a
                vapor return system until January 1, 1977.

          (iv)   Facilities which have a daily throughput of 20,000 gallons of
                gasolln© or less are required to have a vapor recovery  system
                In operation no later than May 31, 1977.   Delivery vessels and
                storage containers served exclusively by facilities required to
                have a vapor recovery system in operation no later than May 31,
                1977S also are required to meet the provisions of this  section
                no later than May 31, 1977.

(d)   The provisions of paragraph (c) of this section shall  not apply  to the
     following:

     (1)  Stationary container having a capacity less than 550 gallons  used ex-
          clusively for the fueling of implements of husbandry.

     (2)  Any container having a capacity of less than 2,000 gallons  installed
          prior to promulgation of this section,

     (3)  Transfer made to storage tanks equipped with floating roofs or their
          equivalent.

(e)   Every owner or operator of a stationary storage container or delivery ves-
     sel subject to this section shall  comply with the following  compliance
     schedule:
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     (1)  June 1. 1974.   Submit to the Administrator a final  control  plan,  which
          describes at a minimum the steps that will  be taken by the  source to
          achieve compliance with the provisions of paragraph (c) of  this  section.

     (2)  March 1, 1795  (Sic).   Negotiate and sign all  necessary contracts  for
          emission control  systems, or issue orders for the purchase  of compon-
          ent parts to accomplish emissions control.

     (3)  May 1,1975.  Initiate on-site construction or installation of emission
          control equipment.

     (4)  February Ij,  1976.   Complete on-site construction or installation  of
          emission control  equipment.

     (5)  March 1, 1976.  Assure final  compliance with the provisions of para-
          graph (c) of this section.

     (6)  Any owner or operator of sources subject to the compliance  schedule in
          this paragraph shall  certify to the Administrator,  within 5 days  after
          the deadline for  each increment of progress,  whether or not the  re-
          quired increment  of progress  has been met.

(f)  Paragraph (e) of  this  section shall  not apply:

     (1)  To a source  which is  presently in compliance with the provisions  of
          paragraph (c)  of  this section and which has certified such  compliance
          to the Administrator  by June  1, 1974.   The  Administrator may request
          whatever supporting information he considers  necessary for  proper
          certification.

     (2)  To a source  for which a compliance schedule is adopted by the State
          and approved by the Administrator.

     (3)  To a source  whose owner or operator submits to the  Administrator  by
          June 1, 1974,  a proposed alternative schedule.  No  such schedule  may
          provide for  compliance after  March 1,  1976.   Any such schedule shall
          provide for  certification to  the Administrator within 5 days after the
          deadline for each increment therein, as to  whether  or not that incre-
          ment has been  met.  If promulgated by the Administrator, such sched-
          ule shall satisfy the requirements of this  paragraph for the affected
          source.

(g)  Nothing in this section shall  preclude the Administrator from promulgating
     a separate schedule for any source to which the  application of the compli-
     ance schedule in  paragraph (e) of  this section fails to  satisfy  the require-
     ments of.51.15 (b)  and (c) of this chapter.

(h)  Any gasoline dispensing facility subject to this section that installs a
     storage tank after  the effective date of this section shall  comply with
     the requirements  of paragraph (c)  of this section  by March 1, 1976, and
     prior to that date  shall comply  with paragraph (e)  as far as possible,,
     Any facility subject to this section that installs  a storage tank after
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              March 1,  1976,  shall  comply with  the requirements  of paragraph  (c)  of  this
              section at the  time of Installation.

(12.0)   52.2043   Computer carpool  matching system

         (a)  Definitions:

              (1)  "Carpool"  means  two or more  persons  utilizing the  same  vehicle.

              (2)  "Carpool matching" means  assembling  lists  of  commuters  sharing similar
                   travel  needs and providing a mechanism by  which persons on  such lists
                   may  be put in contact with each other for  the purpose of forming  car-
                   pools.

              (3)  "Time-origin-destination  (TOD)  information" means  information  that
                   identifies a commuters' work schedule, home and work location, or the
                   location of other desired origins  and destinations of trips (such as
                   shopping or recreational  trips).

              (4)  "Pilot program"  means a program that is initiated  on a  limited basis
                   for  the purpose  of facilitating a  future full  scale regional program.

         (b)  This section is applicable in  the Southwest Pennsylvania Intrastate AQCR
              and in the Pennsylvania portion of the  Metropolitan Philadelphia Inter-
              state AQCR (the Regions).

         (c)  Beginning June  1, 1975, the Commonwealth  of Pennsylvania shall,  unless
              exempted  by the Administrator  on  the basis of a finding that equivalent
              service is being or will be provided by some other public or private en-
              tity, establish a computer-aided  carpool  matching  system which  is conven-
              iently available at least to all  employees or employers within  the  Regions
              who employ 100  or more employees. The  system shall, as soon as  practi-
              cable, be made  available to employees of  smaller employers.   No  later
              than June 1,  1974S the Commonwealth  of  Pennsylvania shall submit to the
              Administrator,  a program,  legally adopted (through regulation or statute)
              by and legally  binding on the  Commonwealths providing for such  a system.
              The program shall include:

              (1)  A method of collecting Information that will  include the following as
                   a minimum:

                   (i)    Provisions for each affected employee- to receive  an  application
                         form with  a cover letter  describing  the matching  program.

                   (11)  Provisions on each  application for applicant identification of
                         his  TOD information, and  the applicant's desire to drive only,
                         ride only, or share driving.

              (2)  A computer method of matching information  that will have provisions
                   for  locating each applicant's origin and destination within a  grid
                   system in  each of the Regions and  matching applicants with  identical
                   origin and destination grids and compatible work schedules.
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              (3)   A method for providing continuing service so that the master list of
                   all  applicants is retained and available for use by new applicants,
                .   applications are currently available,  and the master list is periodi-
                   cally updated to remove applicants who have moved from the area
                   served.

              (4)   An agency or agencies  responsible for  operating, overseeing and  main-
                   taining  the carpool  computer matching  system.

         (d)   No later than January 1,  1975,  a pilot program shall  be initiated in  each
              Region identified in paragraph  (b) of this  section in preparation for the
              full  implementation required under paragraph (c) of this section.

(12.0)    52.2044   Pennsylvania-New Jersey busways

         (a)   Any  governmental  entity,  including the Delaware River Port Authority9  hav-
              ing  ownership or control  over all  or any portion of the following streats
              and  highways, including the Benjamin Franklin Toll  Bridge, shall  take all
              action necessary to establish by August 1,  1974, the  lanes indicated  below
              during the times  indicated  below,  as lanes  exclusively for use by buses:

              (1)   One  continuous lane  which  extends from the New Jersey entrance onto
                   the  Benjamin Franklin  Toll  Bridge along said bridge to Vine Street,
                   along Vine Street to Sixth Street,  along Sixth Street to  Market  Streets
                   and  along Market Street to Philadelphia City Hall,  shall  be so re-
                   served to serve buses  bound into the City of Philadelphia from 6:30
                   a.m.  to  9:30 a.m., Monday  through Saturday.

              (2)   One  continuous lane  which  extends along Market Street from Sixth  Street
                   to Juniper Street, the exclusive lane  terminating briefly to  allow
                   blending of all  traffic around Philadelphia City Hall,  the exclusive
                   lane  beginning again on Broad Street at the intersection  of John  F.
                   Kennedy  Boulevard and  Broad Street  and extending along  Broad  Street
                   to Vine  Street,  along  Vine Street to the Benjamin Franklin Tell  Bridge,,
                   along said bridge to the exit from  the bridge  Into  New Jersey shull  be
                   so reserved  to serve buses  bound out of the City of Philadelphia  from
                   3:30  p.m.  to 6:30 p.m.,  Monday through Saturday.

         (b)   Each  affected governmental  entity,  including the Delaware River Port Au-
              thority,  shall  coordinate the lanes  required by paragraph (a)  of this  sec-
              tion  with  any exclusive bus  lanes  established or to be established by  the
              State of  New  Jersey and any appropriate  local  government therein,  on  the
              New Jersey approaches to  the Benjamin Franklin  Toll Bridge.

         (c)   Each  governmental  entity, including  the  Delaware River Port  Authority, re-
              quired by  paragraph (a) of  this  section  to  establish  exclusive bus lanes,
              shall  submit  to the Administrator  no later  than March  1,  1974,  a compli-
              ance  schedule which shall show  in  detail  the steps  which  it  will  take  to
              establish  the bus  lanes provided for by  this  section,  and to enforce the
              limitations on  their  use.   In the  compliance schedule  submitted pursuant
              to this paragraph,  a  governmental  entity, Including the  Delaware River Port
              Authority, may designate  limited segments of lanes  which  may be entered
                                               -188-

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              briefly by vehicles,  otherwise  excluded  from  such  lanes,  for  reasons of
              safety or sound traffic  planning,   Such  exceptions shall  be subject to the
              approval  of the Administrator.   Special  circumstances  justifying  the need
              for such an exception (such  as  the  desire  to  allow an  exclusive lane to  be
              entered briefly fay automobiles  for  purposes of making  a turn) must be set
              forth  in detail.

         (d)   Exclusive bus  lanes must be  prominently  indicated  by distinctive  painted
              lines, pylons»  signs, or physical barriers.   All lanes must be established
              and needed signs must be Installed  by August  1,  1974.

         (e)   A signed statement by the chief executive  of  each  governmental entity sub-
              ject to this section  (including the chief  executive of the Delaware River
              Port Authority) or their designee shall  be submitted to the Administrator
              no later than  March 1, 1974, to Identify the  sources and  amounts  of funds
              for all projects required by this section.

         (f)   No later than  May 1,  1974, each governmental  entityD subject  to this sec-
              t1on0  including th© Delaware River  Port  Authority, shall  submit to the Ad-
              ministrator legally adopted  regulations  sufficient to  Implement and en-
              force  all  of th@ requirements of this section.

(12.0)    52.2045  Roosevelt Boulevard busway between  Grant Avenue and  Hunting  Park

         (a)   This section is applicable 1n the City of  Philadelphia which  is a segment
              of the Pennsylvania portion  of  the  Metropolitan  Philadelphia  Intrastate
              AQCR.

         (b)   Each governmental  entity having ownership  or  control over Roosevelt Boule-
              vard between Grant Avenue and the Hunting  Park exit shall by  December 1,,
              1974,  take all  actions necessary to reserve the  outside (right) lane of  the
              inside set of  three lanes, on both  the northbound  and  southbound  sides of
              such boulevard, for the  exclusive use of buses at  all  times.

         (c)   Each governmental  entity required to take  action under paragraph  (b) of
              this section shall  submit to the Administrator no  later than  March 1, 1974,
              a compliance schidule which  shall show in  detail the steps which  it will
              take to establish the bus lanes provided for  by  this section  and  to enforce
              the limitations on thsir use.  In the compliance schedule submitted pur-
              suant  to this  paragraphs a governmental  entity may designate  limited seg-
              ments  of lants which  may be  entered briefly by vehicles,  otherwise ex-
              cluded from such lanes,  for  reasons of safety or sound traffic planning.
              Such exceptions shall be subject to the  approval of the Administrator.
              Special circumstances justifying the need  for such an  exception (such as
              the desire to  allow an exclusive lane to be entered briefly by automobiles
              for purposes of making a turn)  must be set forth in detail.

         (d)   Exclusive bus  lanes must be  prominently  indicated  by distinctive  painted
              lines, pylons,  signs, or physical barriers.   All lanes must be established
              and needed signs must be installed  by December 1,  1974.
                                               -189-

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         (e)   A signed statement  by the  chief executive of each  governmental  entity re-
              quired  to take  action under paragraph  (b) of this  section or their desig-
              nees  shall  be submitted to the  Administrator no  later than March 1,  1974,
              to identify the sources and amounts  of funds for all  projects  required by
              this  section.

         (f)   No later than June  1, 1974, each governmental  entity  subject to this  sec-
              tion  shall  submit to  the Administrator legally adopted regulations suffi-
              cient to implement  and enforce  all of  the requirements of this  section.

(12.0)    52.2046   Central business districts bus  and trolley  ways  and  parking
                   restrictions

         (a')   "Philadelphia CBD"  1s defined as the area within the  City of Philadelphia
              bounded by  but  not  including Vine Street, South  Street, the Schuylklll
              River,  and  the  Delaware River.

         (b)   Within  the  Philadelphia CBD, each governmental entity having ownership or
              control  over the following streets and highways  shall  reserve  the following
              lanes thereon,  at the time indicated,  exclusively  for use by buses:

              (1)   The right  lane of Chestnut Street from  22nd Street through 6th Street
                   shall  be so reserved  from  9 a.m.  to 6 p.m.  Monday through  Saturday.

              (2)   The right  lane of Walnut Street from 8th  Street  through 23rd Street
                   shall  be so reserved  from  8 a.m.  to 6 p.m., Monday through Saturday.

              (3)   The right  lane of eastbound Market Street from Juniper Street through
                   6th Street shall  be so reserved from 8  a.m. to 6 p.m., Monday through
                   Saturday.

              (4)   The right  lane of 8th Street, 9th Street, 16th Street, and 17th  Street
                   between Vine and South Streets  shall be so  reserved  from 8 a.m.  to
                   6  p.m., Monday through Saturday.

         (c)   Each  governmental entity required to establish exclusive  bus lanes by para-
              graph (b) of this section, shall  ensure:

              (1)   That in the center lane of all  streets  on which  exclusive  bus lanes
                   are established  pursuant to paragraph (b) of  this section  the flow of
                   traffic is not obstructed  by stopped or parked vehicles, or otherwise
                   at any time, and that in the left lane  of such streets the flow  of
                   traffic is not obstructed  by stopped or parked vehicles, or otherwise,
                   from 11 a.m. to  6 p.m., Monday  through  Saturday.

              (2)   That the left  lane of all  streets along which exclusive bus lanes  are
                   established pursuant  to paragraph (d) of this section 1s available
                   for taxi,  carpool, and truck loading and  unloading from 6  p.m. until
                   11  a.m. the following morning.  Short-term  parking (no more than 2
                   hours) may also  be permitted during these hours.
                                              -190-

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(d)   Within the Philadelphia CBD,  each governmental  entity having ownership or
     control  over the center lanes of llth Street and 12th Street between Vine
     and South Streets shall reserve such lanes for  the exclusive use of trol-
     leys at all  timas.

(e)   Each governmental entity required to establish  exclusive trolley lanes by
     paragraph (d) of this section shall  ensure:

     (1)  That in the left lane of streets on which  exclusive trolley lanes are
          established pursuant to  paragraph (d) of this section the flow of
          traffic is not obstructed by stopped or parked vehicles, or otherwise
          at any tima» and that in the right lane of such streets the flow of
          traffic is not obstructed by stopped or parked vehicles or otherwise
          from 11 a.m. to 6 p.m.

     (2)  That the right lane of streets  along which exclusive trolley lanes
          are established pursuant to paragraph (d)  of this section is available
          for taxi0 carpool, and truck loading and unloading from 6 p.m.  until
          11  a.m. the following morning.   Short-term parking (no more than two
          hours) may also be permitted during these  hours.

(f)   The City of Philadelphia shall prohibit the obstruction of the flow of
     traffic by stopped or parked  vehicles on Filbert Street between Broad
     Street and 6th Street from 8  a.m. to 6 p.m., Monday through Saturday and
     shall also prohibit the loading and  unloading of any vehicle on said street
     except during periods of low  traffic density as are designated by the City
     of Philadelphia and approved  by the  Administrator.

(g)   Each governmtntal entity required to take action under any paragraph of
     this section shall  submit to  the Administrator  no later than March 1a 1974S
     a compliance schedule which shall show in detail the steps which that enti-
     ty will  take to establish th© bus and trolley lanes provided for by this
     sections and to ©nforce the limitations on their useD and which shall also
     show the steps the entity will take  to establish and enforce all parking
     and loading/unloading restrictions provided for by this section.  Th
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              of the1lanes  must be established and  needed signs  must be installed by
              August 1,  1974;   100 percent established by January 1, 1975.

         (i)   Each governmental  entity subject to this section shall provide that any
              vehicle stopped  or parked in violation  of any restriction imposed  by this
              section shall  be towed away and  the owner shall be fined not  less  than
              $50 per. violation.

         (j)   A signed statement by the chief  executive of each  governmental  entity sub-
              ject to this  section or their designees shall  be submitted to the  Admin-
              istrator not  later than March 1, 1974,  to identify the sources and amounts
              of funds for  all  projects required by this section.

         (k)   No later than May 1, 1974,  each  governmental  entity subject to this sec-
              tion shall  submit to the Administrator  legally adopted regulations suffi-
              cient to implement and enforce all of the requirements of this  section.

(12.0)    52.2047   Exclusive busways in Philadelphia  outside the CBD

         (a)   This section  is  applicable  in the City  of Philadelphia which  is a  segment
              of the Pennsylvania portion of the Metropolitan Philadelphia  Intrastate
              AQCR.

         (b)   Each governmental  entity having  ownership or control over the following
              streets and highways,  or any portion  thereof,  shall  take all  action nec-
              essary to  establish the lanes indicated below during the times  indicated
              below, as  lanes  exclusively for  use by  buses  or trolleys (as  indicated).
              Lanes must be  established in accordance with  the schedule set forth in
              paragraph  (d)  of this  section.
              (1)   One  lane  in each direction on Girard Avenue  between Norn's Street
                   23rd Street shall  be  so  reserved  for trolleys  from 6:30 a.m.  to 9:30
                   p.m., Monday  through  Saturday.

              (2) .  One  lane  in each direction on Erie Avenue  between Kensington  Avenue
                   and  23rd  Street shall be so reserved for trolleys from 6:30 a.m. to
                   9:30 a.m. and from 3:30  p.m. to 6:30 p.m., Monday through Saturday.

              (3)   One  lane  in each direction on Allegheny Avenue between Richmond Ave-
                   nue  and 35th  Street shall be so reserved for trolleys from 6:30 a.m.
                   to 9:30 a.m.  and from 3:30 p.m. to 6:30 p.m.,  Monday through  Saturday.

              (4)   One  lane  on Woodland  Avenue to serve trolleys  traveling from  45th
                   Street to 38th Street shall be so reserved from 6:30 a.m. to  9:30
                 .a.m., Monday  through  Saturday, and one lane  on Woodland Avenue to
                   serve trolleys traveling from 38th Street  to 45th Street shall be so
                   reserved  from 3:30 p.m.  to 6:30 p.m., Monday through Saturday.

              (5)   One  lane  in each direction on Oregon Avenue  between Vare Avenue and
                   20th Street (for westbound transit) and 19th Street (for eastbound
                   transit)  shall be  so  reserved for buses from 6:30 a.m. to 9:30 a.m.
                   and  from  3:30 p.m.  to 6:30 p.m.,  Monday through Saturday.
                                               -192-

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     (6)   One lane 1n each  direction  on Spring Garden  Street  between  Front
          Street and the Art Museum Circle shall  be so reserved  for buses from
          6:30 a.m.  to 9:30 a.m.  and  from 3:30 p.m. to 6:30 p.m.,  Monday through
          Saturday.

     (7)   One lane in each  direction  on Columbia  Avenue between  33rd  Street and
          7th Street (eastbound transit) and 6th  Street (for  westbound  transit)
          shall  be so reserved for buses from 6:30 a.m.  to 9:30  a.m.  and from
          3:30 p.m.  to 6:30 p.m., Monday through  Saturday.

     (8)   One lane in each  direction  on Lehigh Avenue  between Kensington Avenue
          and 34th Street shall  be so reserved for buses from 6:30 a.m.  to  9:30
          a.m. and from 3:30 p.m. to  6:30 p.m., Monday through Saturday.

     (9)   One lane on Ogontz Avenue to serve trolleys  traveling  from  Cheltenham
          Avenue to Champ!ost Avenue  shall be so  reserved from 6:30 a.m. to 9:30
          a.m.0  and one lane on Ogontz Avenue to  serve trolleys  traveling from
          Champlost Avenue  to Cheltenham Avenue shall  be so reserved  from 3:30
          p.m. to 6:30 p.m., Monday through Saturday.

(c)   Each governmental entity required to take action  under paragraph (b) of
     this section shall submit to the Administrator no later  than  April  1D  1974,
     compliance schedules which shall  show in detail the steps which  each such
     governmental entity will take to establish the trolley and  bus lanes pro-
     vided for by this section,  and to enforce the limitations or  their use.   In
     the  compliance schedule submitted pursuant to this paragraph, a  government-
     al entity may designate limited  segments of  lanes which  may be entered
     briefly by vehicles, otherwise excluded from such lanes, for  reasons of
     safety or sound traffic planning.  Such exceptions shall be subject to the
     approval of the Administrator.  Special circumstances justifying the need
     for  such an exception  (such as the desire to allow an exclusive  lane to be
     entered briefly by automobiles for purposes  of making a  turn) must be  set
     forth in detail.

(d)   Exclusive trolley and  bus lanes  must be prominently indicated by distinct-
     ive  painted 11n©ss pylons,  signs, or physical  barriers.   Fifty percent of
     the  lanes must be established and needed signs must be installed by August
     !„ 1974;  100 percent  must be established by January 1,  1975.

(e)   A signed stetament by  the chief  executive of each governmental entity  re-
     quired to take aetion  under paragraph (b) of this section,  or his  designee,
     shall by submitted to  the Administrator no later  than April 1, 1974, to
     identify the sources and amounts of funds for all projects  required by this
     section.

(f)   No later than June 1,  1974, each governmental  entity subject  to  this sec-
     tion shall  submit to the Administrator legally adopted regulations  suffi-
     cient to 'implement and enforce all of the requirements of this section.
                                     -193-

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(12.0)    52.2048   Exclusive bus  lanes  for Philadelphia  suburbs  and  outlying  areas

         (a)   Definitions:

              (1),  "Carpool" means  a  vehicle containing  three  or more  persons.

              (2)   "Bus/carpool lane" means a lane  on  a  street or  highway,  which  lane  is
                   open only to buses (or buses  and carpools), whether constructed,  espe-
                   cially for that  purpose or converted  from existing  lanes.

              (3)   "Philadelphia  CBD" means the  area within  the  City of Philadelphia,
                   Pennsylvania,  bounded  by but  not including  Vine Street,  South  Street-,
                   the  Schuylkill River,  and the Delaware  River.

         (b)   The  Commonwealth of Pennsylvania and  such  county and local jurisdictions
              as the Commonwealth may request to participate (the  Commonwealth must  re-
              quest the participation of  a county or local jurisdiction by  December  ISj,
              1974, if  the  participation  of that jurisdiction  is necessary  to the estab-
              lishment  of the lanes required by  this section), shall establish, accord-
              ing  to the schedule in  paragraph (f)  of  this section,  bus/carpool lanes
              along .corridors connecting  at least the  following  suburban or outlying
              areas (or alternative areas if indicated in  the  study  required  by paragraph
              (c)  of this section and approved by the  Administrator) to the Philadelphia
              CBD:

              (1)   King of  Prussia, Pennsylvania,

              (2)   Chester,  Pennsylvania,

              (3)   Paoli, Pennsylvania,

              (4)   Media, Pennsylvania,

              (5)   West Chester,  Pennsylvania, and

              (6)   Tacony section,  Philadelphia,  Pennsylvania  and  adjacent  areas.

              For  each  route either approved or  designated by  the  Administrator pursuant
              to paragraph  (d) of this  section,  at  least one bus/carpool lane shaVi  be
              established to serve  traffic traveling toward  the  Philadelphia  CBD  from
              6:30 a.m.  to  9:30 a.m.  (or  for a longer  time), and at  least one bus/carpool
              lane shall  be established to serve traffic traveling toward the suburban
              or outlying areas from  3:30 p.m. to 6:30 p.m.  (or  for  a  longer  time),
              Monday through Saturday.

         (c)   On or before  November 1,  1974, the Commonwealth  of Pennsylvania shall  sub-
              mit  to the Administrator a  study which shall contain for each of the cor-
              ridors  described in paragraph (b)  of  this  section a  detailed  analysis
              showing every specific  route location considered by  the  Commonwealth for
              that corridor.   The study shall  designate  one  of the specific routes ex-
              amined for each corridor as the most  practicable route for that corridor.
                                               -194-

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              The study shall  fully present  the  advantages  and  disadvantages  of  estab-
              lishing the bus/carpool  lanes  provided for in paragraph  (b)  of  this  section
              along the most practicable route.   For any corridor identified  in  this  sec-
              tion along which the Commonwealth  concludes that  bus/carpool  lanes are  not
              feasible, the Commonwealth shall designate a  replacement corridor  connect-
              ing' the Philadelphia CBD and another significant  source  of CBD-bound traf-
              fic along'which  bus/carpool  lanes  are feasible.   An analysis of the  sub-
              stituted corridor shall  be included, similar  to the analysis of the  ori-
              ginal  corridor,  to show  the most practicable  route  for said  bus/carpool
              lanes.

         (d)   On or before December 1, 1974,  the Administrator  shall submit to the Com-
              monwealth of Pennsylvania his  response to the study required by paragraph
              (c) of this section, and shall, in that response, either approve the routes
              selected by the  Commonwealth as the most practicable and feasible  for bus/
              carpool  lanes, or shall  designate  alternative routes on  which bus/carpool
              lanes must be established.

         (e)   On or before February 1, 1975,  the Commonwealth of  Pennsylvania and  such
              county and local  jurisdictions  as  the Commonwealth  has requested to  partici-
              pate (and as are, therefore, required by paragraph  (b) of this  section  to
              establish lanes), shall  submit  to  the Administrator compliance  schedules
              which shall show in detail  the  steps which each governmental  entity  will
              take to establish the bus/carpool  lanes required  by this section,  and to
              enforce the limitations  on their use.  In the compliance schedule  sub-
              mitted pursuant  to this  paragraph  a governmental  entity  may  designate lim-
              ited segments of lanes which may be entered briefly by vehicles, otherwise
              excluded from such lanes, for  reasons of'safety or  sound traffic planning.
              Such exceptions  shall  be subject to the approval  of the  Administrator.
              Special  circumstances justifying the need for such  an exception (such as
              the desire to allow,an exclusive lane to be entered briefly  by  automobiles
              for purposes of  making a turn)  must be set forth  in detail.

         (f)   Bus/carpool lanes must be prominently indicated by  distinctive  painted
              lines,  pylons9 signs or  physical barriers.  Twenty-five  percent of the  lane
              mileage for each of the  governmental entities must  be established  and the
              needed signs installed by July  1,  1975;  50 percent established by October
              1, 1975;  and 100 percent established by January  1, 1976.

         (g)   A signed statement by the chief executive of  each governmental  entity es-
              tablishing lanes, or his designee, shall  be submitted to the Administrator
              no later than February 1, 19758 to identify the sources  and  amount of
              funds for all projects required by this section.

         (h)   No later than April  1, 1975, each  governmental entity required  by  this  sec-
              tion to establish lanes  shall  submit to the Administrator legally  adopted
              regulations sufficient to implement and enforce all  of the requirements of
              this section.

(12.0)    52.2049   Specific express busways  in Allegheny County

         (a)   This section is  applicable in  the  Allegheny County  portion of the  Southwest
                                              -195-

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     Pennsylvania Intrastate AQCR.

(b)   Each governmental  entity having ownership or control  over the following
     streets,,and highways,  or any portion thereof, shall  take all  action neces-
     sary to establish  the  lanes Indicated below, during  the times indicated
     below,  as lanes exclusively for use by buses.  Lanes  must be  established
     in accordance with the schedule set forth 1n paragraph (d) of this section.

     (1)  One lane in each  direction of Fifth Avenue in the City of Pittsburgh
          between Grant Street and Liberty Avenue shall be so reserved fro;n
          6  a.m. to 7 p.m., Monday through Saturday.

     (2)  One lane of Fifth Avenue in the City of Pittsburgh to serve buses
          traveling from Jumonville Street to Neville Street shall be so re-
          served 24 hours per day,  Monday through Saturday.

     (3)  One lane of Liberty Avenue in the City of Pittsburgh to  serve buses
          traveling from Grant Street to 32nd Street shall be so reserved from
          4:30 p.m. to  6:30 p.m., Monday through Saturday.

     (4)  One lane of Stanwix Street in the City of Pittsburgh to  serve buses
          traveling from Liberty Avenue to the Boulevard of the Allies shall be
          so reserved from  4:30 p.m.  to 6:30 p.m., Monday  through  Saturday.

     (5)  One lane of Centre Avenue in the City of Pittsburgh to serve buses
          traveling from Penn Circle to Craig Street shall be so reserved from
          6  a.m. to 9 a.m., Monday  through Saturday.

     (6)  One lane of Centre Avenue in the City of Pittsburgh to serve buses
          traveling from Craig Street to Penn Circle shall be so reserved from
          4:30 p.m. to  6:30 p.m., Monday through Saturday.

     (7)  One lane of the Penn Lincoln Parkway to serve buses traveling from
          the Greentree entrance to the Saw Mill Run exit  shall be so reserved
          from 6 a.m. to 9  a.m., Monday through Saturday.

     (8)  One lane of the Penn Lincoln Parkway to serve buses traveling from
          the Saw Mill  Run  entrance to the Greentree exit  shall be so reserved
          from 4:30 p.m.  to 6:30 p.m., Monday through Saturday.

     (9)  One lane of the Penn Lincoln Parkway to serve buses traveling from
          the Squirrel  Hill entrance to the Boulevard of the Allies exit shall
          be so reserved from 6 a.m.  to 9 a.m., Monday through Saturday.

     (10) One lane of the Penn Lincoln Parkway to serve buses traveling from
          the Boulevard of  the Allies entrance to the Squirrel  Hill exit shall
          be so reserved from 4:30  p.m. to 6:30 p.m., Monday through Saturday.

     (11) One lane of the Fort Pitt Bridge to serve buses  traveling from Point
          Park shall  be so  reserved from 4:30 p.m.  to 6:30 p.m., Monday through
          Saturday.
                                      -196-

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         (c)   Each  governmental entity  required  to take actiort under paragraph  (b) of
              this  section  shall  submit to  the Administrator no later than April 1,
              1974, compliance  schedules which shall  show  In detail the steps which each
              such  governmental entity  will  take to establish the bus lanes provided for
              by  this  section,  and  to enforce the limitations on their use.  In the com-
              pliance  schedule  submitted pursuant to  this  paragraph a governmental enti-
              ty  may designate  limited  segments  of lanes which may be entered briefly by
              vehicles,  otherwise excluded  from  such  lanes,  for reasons  of safety or
              sound traffic planning.   Such  exceptions shall'be subject to the  approval
              of  the Administrator.  Special circumstances justifying the need  for such
              an  exception  (such  as  the desire to allow an exclusive lane to be entered
              briefly  by automobiles for purposes of  making a, turn) must be set forth in
              detail.

         (d)   Exclusive  bus lanes must  be prominently indicated by distinctive  painted
              lines, pylons,  signs,  or  physical  barriers.  Fifty percent of the lanes
              must  be  established and needed signs must be installed by August  1, 1974;
              100 percent must  be established by January 1, 1975.

         (e)   A signed statement  by the chief executive of each governmental entity re-
              quired to  take action  under paragraph (b) of this section, or his designee,
              shall be submitted  to  the Administrator no later than April 1, 1974, to
              identify the  sources  and  amounts of funds for all projects required by
              this  section.

         (f)   No  later than June  1,  1974, each governmental entity subject to this sec-
              tion  shall  submit to  the  Administrator  legally adopted regulations suffi-
              cient to implement  and enforce all of the requirements of this section.

(12oO)    52.2050    Exclusive bus  lanes  for  Pittsburgh suburbs and outlying areas

         (a)   Definitions:

              (1)  "Carpool"  msans  a vehicle containing three or more persons.

              (2)  "Bus/carpool lane" means  a lane on a street or highway, which lane is
                   open  only to buses (or buses  and carpools), whether constructed espe-
                   cially for that  purpose  or converted from existing lanes.

              (3)  "Pittsburgh  CBD"  means the area enclosed by the Allegheny River, the
                   Monongahela  River, and 1-876.  1-876 Is not included.

         (b)   The Commonwealth  of Pennsylvania and such county and local jurisdictions as
              tha Commonwealth  may  request  to participate  (the Commonwealth must request
              th© participation of  a county or local  jurisdiction by December 15, 1974,
              if.the participatien  of that  jurisdiction 1s necessary to the establish-
              mQmt  ©f.the lane§ paquired by this section)  shall ©stablish, according to
              tha schedule  in paragraph (f)  of this section, bus/carpool lanes along cor-
              ridors connecting at  least the following suburban or outlying areas (or
              alternative areas if  indicated in  the study  required by paragraph (c) of
              this  section  and  approved by  the Administrator) to the Pittsburgh CBD:
                                               -197-

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     (1)  Belleville, Pennsylvania,

     (2) . Bethel Park, Pennsylvania,             >

     (3)  Clairton, Pennsylvania,

     (4)  The Greater Pittsburgh International  Airport,

     (5)  McKeesport, Pennsylvania,

     (6)  McKees Rocks, Pennsylvania,

     (7)  Monroeville, Pennsylvania

     (8)  North Braddock, Pennsylvania, and

     (9)  Penn Hills, Pennsylvania

     For each route either approved or designated by the Administrator pur-
     suant to paragraph (d) of this section,  at least one bus/carpool  lane
     shall be established to serve traffic traveling toward the Pittsburgh CBD
     from 6:30 to 9:30 a.m. (or for a longer  time),  and at least one bus/car-
     pool lane shall  be established to serve  traffic traveling toward the
     suburban or outlying areas from 3:30 to  6:30 p.m.  (or for a longer time),
     Monday through Saturday.

(c)  On or before November 1,  1974, the Commonwealth of Pennsylvania shall sub-
     mit to the Administrator  a study which shall  contain for each of the cor-
     ridors described in paragraph (b) of this  section a detailed analysis
     showing every specific route location considered by the Commonwealth for
     the corridor.   The study  shall designate one of the specific routes ex-
     amined for each corridor  as the most practicable route for that corridor.
     The study shall  fully present the advantages and disadvantages of estab-
     lishing the bus/carpool  lanes provided for in paragraph (b) of this section
     along the most practicable route.  For any corridor Identified in this
     section along which the Commonwealth concludes  that bus/carpool  lanes are
     not feasible,  the Commonwealth shall designate  a replacement corridor,
     connecting the Pittsburgh CBD and another  significant source of CBD-bound
     traffic along which bus/carpool  lanes are  feasible.  An analysis  of the
     substituted corridor shall  be included similar  to the analysis of the ori-
     ginal corridor,  to show the most practical  route for said bus/carpool
     lanes.

(d)  On or before December 1,  1974, the Administrator shall  submit to  the Com-
     monwealth of Pennsylvania his response to  the study required by paragraph
     (c) of this section, and  shall in that response, either approve the routes
     selected by the Commonwealth as  most practicable and feasible for bus/car-
     pool lanes, or shall designate alternative routes  on which bus/carpool
     lanes must be  established.

(e)  On or before February 1,  1975, the Commonwealth of Pennsylvania and such
     county and local  jurisdictions as the Commonwealth has  requested  to
                                      -198-

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              participate  (and are,  therefore,  required by  paragraph  (b) of this section
              to  establish  lanes)  shall  submit  to the Administrator compliance  schedules
              which  shall  show 1n  detail  the  steps which each governmental entity will
              take, to,.establish  the  bus/carpool  lanes required by  this  section, and  to
              enforce  the  limitations on  their  use.  In the compliance  schedule submitted
              pursuant to  this paragraph  a  governmental entity may designate  limited seg-
              ments  of lanes which may be entered briefly by vehicles,  otherwise excluded
              from such lanes, for reasons  of safety or sound traffic planning.  Such ex-
              ceptions shall be  subject  to  the  approval of  the Administrator.   Special
              circumstances justifying the  need for such an exception (such as  the desire
              to  allow an  exclusive  lane  to be  entered briefly by  automobiles for pur-
              poses  of making a  turn) must  be set forth in  detail.

         (f)   Bus/carpool  lanes  must be  prominently indicated by distinctive  painted
              lines, pylons, signs,  or physical  barriers.   Twenty-five  percent  of the
              lane mileage for each  of the  governmental entitles must be established and
              the needed signs installed  by July 1, 1975;   50 percent established by
              October  1„ 1975;   and  100  percent established by January  1, 1976.

         (g)   A signed statement by  the  chief executive of  each governmental  entity  estab-
              lishing  lanes, or  his  designee, shall be submitted to the Administrator no
              later  than February  1, 1975,  to identify the  sources and  amounts  of funds
              for all  projects required  by  this section.

         (h)   No  later than April  1, 1975,  each governmental entity required  by this sec-
              tion to  establish  lanes shall submit to the Administrator legally adopted
              regulations  sufficient to  Implement and enforce all  of  the requirements of
              this section.

(12.0)    52.2051   Regulation for  limitation  of public parking

         (a)   "On-stre
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     the Administrator legally adopted regulations establishing such a prohib-
     ition program.   For any governmental  entity not subject to any requirement
     to establish exclusive lanes until so requested by the Commonwealth of
     Pennsylvania pursuant to 52.2048 (b)  and 52.2050 (b), legally adopted reg-
     ulations need not be submitted to the Administrator until  2 months after
     the Commonwealth of Pennsylvania requests the participation of such govern-
     mental entity in an exclusive lane program.  At a minimum, such regulations
     must provide that vehicles parked 1n  violation of the prohibition shall  be
     towed away and the owner shall be fined not less than $50  per violation.

(d)  Any governmental entity required under paragraph (c) of this section to
     establish on-street parking limitations may apply to the Administrator for
     permission to allow pickup and delivery of goods in certain identified
     zones along streets or highways containing exclusive trolley, bus, or bus/
     carpool  lanes.   Such applications must be submitted to the Administrator no
     later than June 1, 1974, or 1 month before the exclusive lane 1s establish-
     ed, whichever 1s later, and must Identify precisely the physical location
     of the zones, the times for which permission to load and deliver in the
     zone is  sought, and the manner (signs, pylons, etc.) 1n which the 2ones
     will be  identified to motorist.   Such application must also demonstrate
     that no  safe and feasible alternatives exist for loading and delivery for
     the affected merchants (or others) from streets not containing exclusive
     trolley, bus, or bus/carpool  lanes.

(e)  After July 1, 1974, any governmental  entity required under paragraph (c)  of
     this section to establish on-street parking limitations, shall  also pro-
     hibit stopping  any vehicle along any  street or highway containing an ex-
     clusive  trolley, bus, or bus/carpool  lane for the purpose  of effecting any
     pickup or delivery of goods,  except in loading and delivery zones approved
     by the Administrator pursuant to paragraph (d) of this section.   Such pro-
     hibition shall  apply during the same  hours as the prohibition against on-
     street parking  and shall state that any vehicle parked in  violation of the
     prohibition shall  be towed away and the owner shall  be subject to a fine of
     not less than $50 per violation.

(f)  This section shall have no application to the Streets and  highways con-
     taining  exclusive bus or trolley lanes as provided for in  52.2046.

(g)  No later than February 1, 1974,  governmental  entities subject to this sec-
     tion shall  submit to the Administrator detailed compliance schedules show-
     ing the  steps they will  take  to establish and enforce the  on-street parking
     limitation program, Including statutory proposals and needed regulations
     that they will  propose for adoption.   For any governmental  entity not sub-
     ject to  any requirement to establish  exclusive bus/carpool  lanes until so
     requested by the Commonwealth of Pennsylvania pursuant to  52.2048 (b)
     and 52.2050 (b), a compliance schedule need not be submitted to  the Admin-
     istrator until  1 month after  the Commonwealth of Pennsylvania requests the
     participation of such governmental  entity in an exclusive  lane program.
                                      -200-

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(12.0)   52.2052   Employer's  provision  for mass  transit  priority  Incentives

         (a)   Definitions:

              (1)   "Philadelphia  CBD"  means the area  within  the  City  of  Philadelphia,
                   Pennsylvania,  bounded by,  but  not  including.  Vine  Street, South Street,
                   the Schuylkill  River, and  the  Delaware River.

              (2)   "Employee parking space" means any parking  space reserved or  provided
                   by an  employer for  the use of  his  employees.

         (b)   This  section  is  applicable in the Southwest Pennsylvania Intrastate AQCR,
              and  in the  Philadelphia  CBD of  the  Pennsylvania  portion of the Metropolitan
              Philadelphia  Intrastate  AQCR (the Regions).

         (c)   Each  employer 1n the Regions who maintains  more  than 700 employee  parking
              spaces shall, on or before February 1,  1974, submit  to  the Administrator
              an adequate transit Incentive program designed to  encourage the  use of mass
              transit and discourage the use  of single-passenger automobiles by  his em-
              ployees. This program may contain  provisions  for  transit, reductions 1n
              the  number  of employee parking  spaces surcharges on  the use of such spaces
              by employees,, provision  of special  charter  buses or  other  modes  of mass
              transit for the  use of employees, preferential parking, and other  benefits
              to employees  who travel  to work by  carpool, and/or any  other measures ac-
              ceptable to the  Administrator.   By  April  1, 1974,  the Administrator shall
              approve such  program for each employer  if he finds it to be adequate, and
              shall  disapprove it if he  finds 1t  not  be adequate.  Notice of such ap-
              proval or disapproval will be published in  Subpart NN of this part.

         (d)   In order to be approvable  by the Administrator,  such program shall (con-
              tain  procedures  whereby  the employer will supply the Administrator with
              semi-annual certified reports which shall show,  at a minimum the following
              information:

              (1)   The number  of  employees at each of the employer's  facilities  within
                   the Regions on October 25, 1973, and as of  the  date of the  report.

              (2)   The number  of  free  and non-free employee  parking spaces provided by
                   the employer at each  such  employment facility on October 15,  1973, and
                   as of  the date of the report.

              (3)   The number  of  employees regularly  commuting to  and from work  by pri-
                   vate automobile9 carpool,  and  mass transit  at each such employment
                   facility on October 15, 1973,  and  as of the date of the report.

              (4)   Such other  information as  the  Administrator may prescribe.

         (e)   If, after the Administrator has approved a  transit incentive program, the
              employer fails to submit any reports in full compliance with paragraph (d)
              of this section, or if the,Administrator finds that  any such report has
              been  Intentionally  falsified, or if the Administrator determines that the
              program is  not in operation or  Is not providing  adequate incentives for
              employee use  of  carpools and mass transit,  the Administrator may revoke
                                               -201-

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              the approval  of such plan.   Such revocation shall  constitute a disapproval.

         (f)   By April  1,  1974,  the Administrator shall  prescribe  a  transit Incentive
              program for  each employer to whom paragraph (c)  of this  section 1s  appli-
              cable 1f such employer has  not submitted a program.  By  June 1, 1974,  the
              Administrator shall  prescribe a transit  incentive  program  for each  em-
              ployer to whom paragraph  (c) of this section is  applicable if the program
              submitted is  not adequate.   Within 2 months after  any  revocation pursuant
              to paragraph  (e) of  this  section, the Administrator  shall  prescribe a
              transit incentive  program for the affected employer.   Any  program pre-
              scribed by the Administrator shall  be published  in Subpart NN of this  part.

         (g)   Each employer in the Regions who maintains more  than 70  employees parking
              spaces shall, on or  before  February 1, 1975, submit  to the Administrator
              an adequate  transit  incentive program conforming to  the  requirements of
              paragraphs (c) and (d)  of this section,  except that  1n paragraph (d),  the
              reference date for reports  shall  be October 15,  1974,  rather than October
              15, 1973. Each such program shall  be subject to approval  or disapproval
              by the Administrator by April  1, 1975.   Each such  program,  when approved,
              shall  be  subject to  revocation as provided 1n paragraph  (e)  of this sec-
              tion.

         (h)   By April  1,  1975,  the Administrator shall  prescribe a  transit incentive
              program for each employer to which  paragraph (g) of this section is appli-
              cable if  such employer  has  not submitted a program.  By  June 1, 1975,  the
              Administrator shall  prescribe a transit  incentive  program  for each  em-
              ployer to which paragraph (g)  of this section is applicable  if the  program
              submitted is  not adequate.   Within  2 months after  any  revocation of any
              program of any employer pursuant to paragraph (e)  of this  section,  the Ad-
              ministrator  shall  prescribe a  transit incentive  program  for  the affected
              employer.  Any program  prescribed by the Administrator shall  be published
              in Subpart NN of Part 52, Title 40,  Code of Federal Regulations.

(12.0)    52.2053   Monitoring transportation mode trends

         (a)   This section  is applicable  to  the Southwest Pennsylvania Intrastate AQCR
              and the Pennsylvania portion of the Metropolitan Philadelphia  Intrastate
              AQCR.

         (b)   In order  to assure the  effectiveness of  the inspection and maintenance
              program and the retrofit  devices  required  under  52.2038  and  52.2039, the
              Commonwealth  of Pennsylvania shall  monitor the actual  per  vehicle emission
              reductions occurring as a result of such sections.  All  data  obtained from
              such monitoring shall be  included in the quarterly report  submitted to the
              Administrator by the Commonwealth in accordance  with 51.7 of this chapter.
              The first quarterly  report  for reporting emission  reduction  data shall
              cover the period from January  1  to  March 31,  1976.

         (c)   In order  to assure the  effective  implementation  of 52.2050,  52.2041, and
              52.2043 through 52.2051 the Commonwealth shall monitor vehicle  miles
              traveled  and  average vehicle speed  for each  area in which such  sections are
              in effect for such time periods  as  may be  appropriate  to evaluate the
                                               -202-

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     effectiveness  of such  sections.   The first quarterly report  for reporting
     vehicle miles  (traveled and vehicle speed data  shall  cover the  period  from
     July 1» through September 30,  1974.  All  data obtained from  such monitoring
     shall  be included in the quarterly report submitted to the Administrator by
     the State in accordance with 51.7 of this chapter in the basic  format  shown
     in Table 1.
     Time period -•
     Affected area
                          VMT OR AVERAGE VEHICLE SPEED
          Roadway type           Vehicle type (1)                 Vehicle type
                                                                     (2)1
     Freeway --
     Arterial  -
     Collector
     Local  	
       1   Continue with other vehicle types  as  appropriate.

(d)   No later than March 1,  1974,  the Commonwealth shall  submit to the Adminis-
     trator a compliance schedule  to implement  this section.   The program de-
     scription shall  Include the following:

     (1)   The Agency  or agencies responsible for conducting,  overseeing,  and
          maintaining the monitoring program.

     (2)   A description of the methods to be used to collect  the emission data,
          VMT data, and vehicle speed data;   a  description of any modeling
          techniques  to be employed;  a description of the geographical area to
          which the data apply, identification  of the location at which the data
          will be collected;  and  the time periods during which data will  be
          collected.
                        /    i
     (3)   The administrative procedures to be used.
                                      -203-

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(10.0)     52.2055   Review of  New or Modified  Indirect Sources

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

                 (1)  All terms used 1n this  paragraph  but not specifically defined
                      below shall  have the meaning given them in 52.01  of this chapter.

                      (i)     The term "indirect source" means a facility, building,
                              structure, or installation which attracts or nay attract
                              mobile source activity that results in emissions of £
                              pollutant for which there is a national standard.  Such
                              indirect sources include, but are not limited to:

                              (a)   Highways and roads.

                              (b)   Parking facilities.

                              (c)   Retail, commercial  and Industrial facilities.

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

                              (e)   Airports.

                              (f)   Office and Government buildings.

                              (g)   Apartment and condominium buildings.

                              (h)   Education  facilities.

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

                      (111)   The term "associated parking area" means  a perkUng  facil-
                              ity or facilities owned and/or operated in conjunction
                              with an Indirect source.

                      (1v)    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 .
                                             -204-

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     (v1)     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.

     (1x)     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 1n 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 voluma  of 20,000 or more  vehi-
                  cles per day  within ten years of construction; or

             (d)   Any modified  highway project which will increase
                  average  annual daily traffic volume by 10,000  or
                  more vehicles per day within ten years after modifi-
                  cation.

     (11)     Outside  an  SMSA:

             (a)   Any new  parking facility, or other new indirect
                  source with an associated parking area, which  has
                  a parking capacity of 2,000  cars or more;  or
                            -205-

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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:  50S000  or more operations per y^a;? by
                  regularly scheduled air carriers, or  use  by 136009000
                  or more  passengers per year.

             (b)   Modified airport:  Increase of  50,000 or  morsg o'para-
                  'tions  per year by regularly scheduled air carriers
                  oyer the existing volume  qf operations, or Increase
                  of 1,600,000 or more  passengers per year.

     (1v)     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  incremsnts
             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 suc.i environ-
     mental  impact statement,  the Administrator may request  the follow-
     ing information:

     (i)     For  all indirect  sources subject to  this paragraphs,  other
             than highway  projects:

             (a)   The  name and address  of the applicant.

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

             (c)   A description of  the  proposed use of  the  site,  in-
                  cluding  the  normal hours  of operation  of the facil-
                  ity, and the general  types  of activities to be  op-
                  erated therein.
                            -206-

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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 on@~hour and
            eight-hour periods, and  vehicle capacities of the
            principal roads,  highways, and  intersections iden-
            tified  pursuant to subdivision  (1) (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.
(11)     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 commercials,  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)   Thi information required under  subdivisions (i) (a)
             through  (i) of this subparagraph.
                       -207-

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     (111)    For highway projects:

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

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

             (c)  A map  showing the location  of the highway projeet9
                  including the location of buildings along the right-
                  of-way.
             (d)   A description  of the  general  features  of the
                  way project and associated right-of-way.,
                  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)  (111) 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 1f  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.

     (11)     The  Administrator shall make the determination pursuant
             to paragraph  (b) (4) (1) (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
                            -208-

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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 1n 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.

     (11)    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  1n  paragraphs (b) (4) and (6) (i) and (11)  of
             this section  shall be  met.

(6)   (1)      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.

     (11)    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-
             captor 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)
             (11) of this section.

     (111)   For new highway projects subject  to this paragraph with
             an anticipated  average daily traffic volume of 50,000 or3
             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
                             -209-

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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)  (1)  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 tiraa
     periods  consistent with  the national ambient air quality standards
     for the  pollutants specified for analysis  pursuant to tMs para-
     graph .

(8)   (1)     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 tho
             purpose of paragraph (b) (8) (11)  of this  section  shall
             be the date on which all required  Information is received
             by the Administrator.

     (11)    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 1n 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 summ^y of
                  other materials,  1f any, considered by the Adminis-
                  trator in making his preliminary  determination  and

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

     (iii)   A copy of the notice required pursuant to  this subpara-
             graph shall be sent to the applicant and  to officials
             and agencies having cognizance  over  the location where
             the indirect source will b,e situated,  as  follows:  State
             and local air pollution  control  agencies,  the chief exec-
            .utive of the city and county;   any comprehensive regional
                           -210-

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             land  use  planning  agency;  and  for highways,  any  local
             board or  committee charged w.1th responsibility  for  activ-
             ities 1n  the  conduct of the  urban  transportation  planning
             process  (3-C  process)  pursuant  to  23 U.S.C. 134.

     (1v)     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 clo.-.e
             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
             1n  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 approvals  or denial
             of  the application* and shall set  forth his reasons for
             conditional approval or denial. Such  notification  shall
             be  made  available  for  public Inspection in at least one
             location  In the  region in which the indirect  source would
             be  located.

     (vi)     The Administrator  may  extend each  of the tima periods
             specified in  paragraphs (b)  (8) (ii),  (1v), 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)  (1)      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)  (1), (b)  (5) (1). or  (b)  (6)  (1)
             and (111) 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  sourcn,  1f  constructed  or  modified 1n accordance
             with  such conditions,  could  meet the tests set  forth
             pursuant to paragraphs (b) (4)  (1), (b) (5) (i),  or (b)
             (6) (1)  and (111)  of this section. Such conditions may
             include,  but  not be limited  to:

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

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

      (11)    The Administrator may specify that any items of informa-
              tion provided 1n an application for approval related tc
              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
      1n accordance with the application as approved by the Administra-
      tor;  any owner or operator who falls to construct and operate an
      Indirect source 1n accordance with conditions imposed by the Ad-
      ministrator under paragraph (b) (9) of this section;  any owner
      or operator who modifies an Indirect source in violation of con-
      ditions Imposed by the Administrator under paragraph (b) (10) of
      this section;  or any owner or operator of an Indirect source
      subject to this paragraph who commences construction or modifi-
      cation thereof after December 31, 1974, without applying for and
      receiving approval hereunder, shall be subject to the penalties
      specified under section 113 of the Act and  shall  be considered in
      violation of an emission standard or limitation under section 304
      of the Act.  Subsequent modification to an  approved indirect
      source may be made without applying for permission pursuant to
      this paragraph only where such modification would, not violate any
      condition Imposed pursuant to paragraphs (b) (9)  and (10) of this
      section and would not be subject to the modification criteria set
      forth 1n 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)s
              (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.

      (11)    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.

      (Ill)   A copy of the notice required pursuant to paragraph (b)
              (8) (il) (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 1s In effect, in-
      direct sources which are subject to review under the terms ef 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 A1r 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 1s to be conditioned on air quality consid-
      erations.

(16)  Notwithstanding any of the foregoing provisions to the contrary,
      the operation of this paragraph 1s 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)
                              -213-

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(17.0)   52.2058   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 Iand8 delud-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognised
                     reservation established by Treaty, Agreement, Executive OrderB
                     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 peri,  Whera
                     this paragraph 1s so Incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this paragraph.
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(2)  (1)      For purposes of this  paragraph,  areas  designated as  Class
             I or II shall be limited to the  following Increases  in
             pollutant concentration occurring since January 1,  1975:

             	.	Area Designations	

                  Pollutant                      Class I      Class  II
                                                 (ug/m3)      (ug/m3)
             Particulate matter:
               Annual  geometric mean 	        5            10
               24-hr maximum	       10            30

             Sulfur dioxide:
               Annual  arithmetic  mean 	..        2            15
               24-hr maximum	        5           100
                3-hr maximum	       25           700
     (11)    For purposes of this paragraph, areas designated as Class
             III shan be limited to concentrations'of •pa'r£teu1at§
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (111)   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, 19750 shall not
             be counted against the air quality Increments specified
             in paragraph (c) (2) (1) of this section.

(3)  (1)     All areas are designated Class II as of the effective
             date of this paragraph.  Redes1gnation may be proposed by
             the respective States, Federal Land Manager, or Indian
             Governing Bodies, as provided below, subject to approval
             by the Administrator.

     (11)    The State may submit to the Administrator a proposal to
             redeslgnate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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         (c)  A discussion of the reasons for the proposed redes-
             Ignatlon 1s 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 redesignatlon is based on the record of
             the State's hearing, which must reflect the basis
             for the proposed redes1gnation, including consider-
             ation of (1)  growth anticipated  in the areas  (2)
             the social, environmental, and economic effects of
             such redesignatlon upon the area  being proposed for
             redesignatlon and upon other areas and States, and
             (3)  any impacts of such proposed redesignatlon upon
             regional or national Interests.

         (e)  The redesignatlon 1s proposed after consultation
             with the elected leadership of local and other sub-
             state general purpose governments in the area cov-
             ered by the proposed redesignatlon.

 (111)    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 redesignatlon is consistent with adjacent State
             and privately owned land, and

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

•(1v)     Notwithstanding subdivision (111) 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) (11) and,

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

 (v)      Nothing in this section is Intended to convey authority
         to the States over Indian Reservations where States have
         not assumed such authority under other laws nor is it
         intended to deny jurisdiction which States have assumed
                        -216-

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

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

        (b)   Such redeslgnation 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.

(v1)    The  Administrator  shall approve, within 90 days, any re-
        designation proposed pursuant  to this subparagraph as
        follows:

        (a)   Any redeslgnation proposed pursuant to subdivisions
             (11) and (111) of this subparagraph shall be approv-
             ed unless the Administrator determines (1)  that the
             requirements  of subdivisions (11) and (ill) of this
             subparagraph  have not been complied with, (2)  that
             the State has arbitrarily and  capriciously disre-
             garded relevant considerations set forth 1n sub-
             paragraph (3) (11) (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 (1v) of  this subparagraph have not  been complied
             with,  or (2)   that the Federal Land Manager has arb1=
             trarily and capriciously  disregarded relevant con-
             siderations set forth in  subparagraph (3) (11) (d)  of
             this paragraph.

        (c)   Any redeslgnation 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 with6
             or (2)  that  the Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations set forth in subparagraph (3) (11) (d) of this
             paragraph.
                        -217-

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                  (d)  Any redesignatfon 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 redeslgnatlon 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 1f he determines
                       that 1n his Judgment the redeslgnatlon appropriately
                       balances considerations of growth anticipated 1n the
                       area proposed to be redeslgnated;  the socia'i, envi-
                       ronmental and economic effects of such redeslgnatlon
                       upon the area being redeslgnated and upon other areas
                       and States;   and any Impacts upon regional  or nation-
                       al  Interests.

                  (f)  The requirements of paragraph (c) (3) (v1)  (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 redeslgnatlon,
                       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 1n 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) 1f the State Attor-
                       ney-General  has determined that the State cannot ac-
                       cept delegation of the administrative/technical  func-
                       tions.

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

(d)   Review of new sources

     (1)   The provisions of this paragraph have been incorporated  by refer-
          ence into the applicable  Implementation plans for various States,
          as provided in Subparts B through ODD of this part.   Where this
          paragraph is so incorporated, the requirements of this paragraph
          apply  to any new or modified stationary source of the type iden-
          tified below which has not commenced construction or modification
          prior  to June 1, 1975 except as specifically provided below.   A
                                 -218-

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    source which 1s modified, but does not Increase the amount of
    sulfur oxides or partlculate matter emitted, or 1s modified'to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (1)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat Input.
    (11)    Coal Cleaning Plants.
    (111)   Kraft Pulp Mills.
    (1v)    Portland Cement Plants.
    (v)     Primary Z1nc Smelters.
    (v1)    Iron and Steel Mills.
    (v11)   Primary Aluminum Ore Reduction Plants.
    (v111)  Primary Copper Smelters.
    (1x)    Municipal Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.
    (x)     Sulfurlc Add Plants.
    (x1)    Petroleum Refineries.
    (xii)   Lime Plants.
    (xi11)  Phosphate Rock Processing Plants.
    (xiv)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery Plants.
    (xv1)   Carbon Black Plants  (furnace  process).
    (xvii)  Primary Lead Smelters.
    (xv111) Fuel Conversion Plants.
    (x1x)   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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     (1)      The effect on air quality concentration of the source  or
             modified source,  1n 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 1n  any other areas.   The analysis  of
             emissions growth  and reduction after  January 1, 1975,  of
             other sources 1n  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.

     (11)     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 partlculate 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.

     (111)    With respect to modified  sources, the requirements of  sub-
             paragraph (2) (11)  of this paragraph  shall  be applicable
             only to  the facility or facilities from which emissions
             are increased.

(3)  In making the determinations  required by paragraph (d)  (2)  of  this
     section, the Administrator  shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site  information, plans,  description, specifications, and drawings
     showing the design of the source;  information  necessary  to de-
     termine the impact that the construction or modification  will  have
     on sulfur dioxide and particulate matter air  quality levels;  and
     any other Information necessary to determine  that  best available
     control technology will be  applied.   Upon request  of the  Adminis-
     trator, the owner or operator of  the source shall  provide  informa-
     tion  on the nature and extent of  general  commercial,  residential,
     industrial, and  other growth  which has occurred in  the  area af-
     fected by the source's emissions  (such area to  be  specified by the
                            -220-

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         Administrator) since January 1, 1975.

     (4)  (1)     Where a new or modified source 1s located on Federal
                 Lands, such source shall be subject to the procedures
                 set  forth  1n paragraphs (d) and  (e) of this section.
                 Such procedures shall be 1n 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.

         (11)    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.

      ;   (111)   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
         redeslgnation 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 redeslgnation.

(e)   Procedures  for public participation

     (1)  (1)     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 1n the Information submitted 1n support of the
                 application.  In the event of such a deficiency, the date
                 of receipt of the application for the purpose of para-
                 graph  (e)  (1) (11) of this section shall be the date on
                 which all  required information is received by the Admin-
                 istrator.

         (ii)    Within 30  days after receipt of  a complete application,
                 the  Administrator shall:
                                -221-

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        (a)  Make a preliminary determination whether the source
             should be approved, approved with conditions, or dis-
             approved.

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

        (c)  Notify the public, by prominent advertisement in
             newspaper of general circulation 1n each region in
             which the proposed source would be constructed, of
             the opportunity for written public comment on the in-
             formation submitted by £he owner or operator and the
             Administrator's preliminary determination on the ap-
             pro vabiHty of the source,

(111)   A copy of the notice required pursuant to this subpara-
        graph shall be sent to the applicant and to officials and
        agencies having cognizance over the locations where the
        source will be situated as follows:  State and local  air
        pollution control agencies, the chief executive of the
        city and county;  any comprehensive regional  land use plan-
        ning agency;  and any State, Federal  Land Manager or In-
        dian Governing Body whose lands will  be significantly af-
        fected by the source's emissions.

(iv)    Public comments submitted in writing within 30 days after
        the date such information is made  available shall  be con-
        sidered by the Administrator in making his final  decision
        on the application.  No later than 10 days after the
        close of the public comment period, the applicant may sub-
        mit a written response to any comments submitted by the
        public.  The Administrator shall consider the applicant's
        response In making his final  decision.  All  comments  shall
        be made available for public'Inspection in at least one
        location in the region 1n 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 1n
        writing of his approval,  conditional  approval,  or  denial
        of the application, and shall  set  forth his  reasons  for
        conditional approval  or denial.  Such notification  shall
        be made available for public inspection In at least one
        location in the region in which the source would be lo-
        cated.
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          (vi)     The  Administrator may extend each  of the  time  periods
                  specified  1n  paragraph  (e)  (1)  (11),  (1v), or  (v)  of this
                  section  by no more  than 30  days or such other  period as
                  agreed to  by  the  applicant  and  the Administrator.

     (2)   Any owner or operator who constructs* modifies, or operates  a
          stationary source  not 1n  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 1f construc-
          tion  or expansion  Is  not  commenced  within  18 months after  receipt
          of such approval or If  construction 1s  discontinued for a  period
          of 18 months or  more.  The  Administrator may extend such time  pe-
          riod  upon a  satisfactory  showing that an extension 1s  Justified.

     (4)   Approval to  construct or  modify shall not  relieve any  owner  or
          operator of  the  responsibility  to comply with the control  strat-
          egy and all  local, State, and Federal regulations which are  part
          of the applicable  State Implementation  Plan.

(f)   Delegation of authority

     (1)   The Administrator  shall have the authority to delegate responsi-
          bility for Implementing the procedures  for conducting  source re-
          view  pursuant to paragraphs (d) and (e), in accordance with  sub-
          paragraphs (2),  (3),  and  (4) of this paragraph.

     (2)   Where the Administrator delegates the responsibility for Imple-
          menting the  procedures  for  conducting source review pursuant to
          this  section to  any Agency, other than  a regional office of  the
          Environmental Protection  Agency, the following provisions  shall
          apply:

          (1)     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.

          (11)     A copy of  the notice pursuant to paragraph (e) (1) (11)
                  (c)  of this section shall be sent  to  the  Administrator
                  through  the appropriate regional office.
                                  -223-

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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 tills 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, 1n 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)
                             -224-

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