U.S. DEPARTMENT OF  COMMERCE
                                  National Technical Information Service

                                  PB-290 289
Air Pollution Regulations  in State
Implementation  Plans: South  Carolina
Abcor Inc, Wilmington,  MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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             United States
             Environmental Protection
             Agency
             Office of Air Quality
             Planning and Standards
             Research Triangle Park NC 27711
PB 2^0289
EPA-450/3-78-090
August 1978
             Air
c/EPA
Air Pollution Regulations
in  State Implementation
Plans:
South Carolina
                       REPRODUCED BY
                      NATIONAL TECHNICAL

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

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-090
                                                           3. RECIPIENT'S ACCESSION-NO
4. TITLE AND SUBTITLE
 Air Pollution  Regulations in State  Implementation i
•Plans: South  Carolina
             5. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHOH(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                             68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air, Noise,  and Radiation
  Research Triangle  Park,  NC 27711	
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has  been  produced in compliance with  Section 110(h)(l) of  the  Clean Air
  Act amendments of  1977.   The Federally enforceable  regulations contained  in  the State
  Implementation Plans  (SIPs) have been compiled  for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both  the
  Federally approved State and/or local air quality regulations as indicated  in  the
  Federal Register and  the Federally promulgated  regulations for the State, as
  indicated in the Federal Register. Regulations  which fall into one of the above
  categories as of January .1,1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State  and/or local air Quality  regulations
  which have not been Federally approved as of January 1, 1978, 'are not included here;
  omission of these  regulations from this document in no  way affects the ability of
  the respective Federal,  State, or local agencies to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
                                              b.lDENTIFIERS/OPEN ENDED TERMS  c.  COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
13. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS {This Report I
   Unclassified	
                                                                         21. l
                                              20. SECURITY CLASS (Thispage/

                                                 U nclass ified	
                           22. PRICE

                             f' 5>
EPA Form 2220-1 (9-73)

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                                EPA-450/3-78-090
    Air Pollution Regulations
in  State Implementation  Plans

               South Carolina
                       by

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

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

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc.  The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency.  Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                    Publication No. EPA-450/3-78-090
                                  11

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

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

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

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

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

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

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                              SUMMARY SHEET

                                   PJL

                     EPA-APPROVED REGULATION CHANGES

                             SOUTH CAROLINA
Submittal Date

  8/23/72

  8/16/73

  3/14/74
   Approval  Date

     10/28/72

       2/1/74

       9/6/74
 Description

Reg. 1A, 2A, 4A

Reg. 1A, 2A, 4A, 5A

Entire Regs, (format
change i.e. numbering
system) S02 Emission
limitation in
Standard No. 2
Section Number
FEDERAL REGULATIONS

Description
  52.2125


  52.2131
   Review of New or Modified Indirect
   Sources

   Prevention of Significant
   Deterioration

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

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

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Revised Standard
  Subject Index
       (2.0)
       (1.0)
       (3.0)

       (2.0)

     (51.13)
     (51.13)
       (8.0)
       (2.0)
       (8.0)
       (8.0)
       (6.0)
       (2.0)
       (6.0)
      (13.0)
       (8.0)
       (2.0)
       (1.0)
      (12.0)
       (8.0)
       (8.0)
       (2.0)
            TABLE  OF CONTENTS
              STATE REGULATIONS
Reg-Section
  Number              Title                            Page
Reg. 2.1         Air Pollution Control  Regulations        1
Section I        Definitions                              1
Section II       Construction Permit Required,  Con-
                 struction Permit  Application,
                 Operation Permit  Required                3
Section III      Engineering  Guides  and Analytical
                 Methods                                  5
Reg. 2.2         Open Burning                            6
Section I        Prohibition  of Open Burning              6
Reg. 2.3         Air Pollution Episode  Regulations        9
Section I        General                                  9
Section II       Episode  Criteria                         9
Section III      Emission Reduction  Requirements         11
Reg. 2.4         Compliance Schedule                    17
Section I        General                                 17
Section II          -                                   17
Section III      Reports  Required                        17
Reg. 2.5         Hazardous Conditions                   19
Section I        General                                 19
Section II       Definitions                             19
Section III      Traffic  Hazards                        19
Section IV       Emergency Actions    ,                  19
Section V        Cleanup                                 20
Section VI       Notification                           20
                                          VIM

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Revised Standard
Subject Index
(50.0)
-
(50.1.2)
(50.1.2)
-
(51.5)
(51.6)
(2.0)
(4.0)
-
(51.9)
(51.9)
(51.21)
(51.18)
(51.14)
(51.2)
(51.3)
(51.1)
(51.8)
(51.21)
Reg-Section
Number
Reg. 2.6
-
Section I
Section II
-
Section I
Section II
Section III
-
-
Section I
Section II
-
Section I
Section II
Section III
Section IV
Section V
Section VI
Section VII
Title
Air Pollution Control Standards
Standard No. 1 - Smoke Emission
Existing Source
New Sources
Standard No. 2 - Emission from
Fuel Burning Operation
Parti culates
Sulfur Dioxide Emissions
Exemptions
Standard No. 3 - Ambient Air
Quality Standards
Standard No. 4
Requirements for Existing Inciner-
ators
Requirements, for New Incinerators
Standard No. 5 - Emission from
Process Industries
Sulfuric Acid Manufacturing Plants
Pulp and Paper Manufacturing Plants
Mining, Quarrying and Other
Non-Enclosed Operations
Cement Manufacturing Plants
Cotton Gin
Hot Mix Asphalt Plants
Other Process Industries
Page
21
21
21
21
21
21
22
24
24
25
25
26
27
27
27
23
28
28
29
30
IX

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                            FEDERALLY PROMULGATED REGULATIONS

Revised Standard      Section
  Subject Index       Number                Title                            Page

      (10.0)          52.2125          Review of New or Modified Indirect
                                       Sources                                34

      (17.0)          52.2131          Prevention of Significant Deteri-
                                       oration                                44

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                         AIR POLLUTION  CONTROL  REGULATIONS

(2.0)                            REGULATION  NO.  2.1

(1.0)   SECTION I

       DEFINITIONS

       The following words  and phrases  when used in  the  Regulations  and
       Standards  shall  for  the purpose  of these regulations  have  the meanings
       respectively ascribed to them in this section,  unless  a  different
       meaning is clearly indicated.  This  section augments  Section  1  of the
       South Carolina Pollution Control Act.

       Acid Mist  - Sulfuric acid mist and droplets plus  sulfur  trioxide
       emitted during the manufacture of sulfuric acid.

       Add - Additions  to a process which will  increase  size, scope  or
       emissions  from such  process.

       Alter - Alter means  modification or change in a process  or processes
       which would affect emissions to  the atmosphere.

       Ambient Air Quality  Standards -  That standard for the quality of
       ambient air at or beyond a property line on which a  source of pollu-
       tion is emitting.

       Application - Means  a form provided by the Department which is
       prescribed to provide the information required to grant  approval  to
       construct  and operate a source or an incinerator; or to  report an
       existing incinerator.

       Board - Board means  Board of Health and Environmental  Control.

       Commissioner - Commissioner means the Commissioner of the  Department
       of Health  and Environmental Control.

       Department - Department means the Department  of Health and Environ-
       mental Control.

       Effective  Stack Height - The sum of the stack height and the  rise
       of the stack gases above the stack due to the exit gas velocity and
       temperature.

       Environmental Location - Location of human,  plant, or animal  life or
       property.

       Fuel Burning Operation - Use of  furnace, boiler,  device  or mechanism
       used principally but not exclusively, to burn any fuel for the
       purpose of indirect heating in which the material being  heated is not
                                           -1-

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contacted by and adds no substance to the products of combustion.

Fugitive Dust - Solid airborne particulate matter emitted at or near
ground level from any source other than a flue.

Garbage - Animal and vegetable waste resulting from the handling,
preparation, cooking and serving of foods.

Incinerator - Means an engineered apparatus and all appurtenances
thereto, designed to reduce combustible solid, semi-solid, liquid,  or
gaseous waste by high temperature burning.

Mass Emission Rate - The weight discharged per unit of time.

New Incinerator - Means one on which construction or operation began
on or after February 11, 1971.

Opacity - The obscuration by smoke or other fine particulate matter
of an observer's view to a degree comparable to that of a corresponding
number on the Ringelmann Chart.

Open Burning - Any fire or smoke-producing process which is not
conducted in any boiler plant, furnace, high-temperature processing
unit, incinerator or flare, or in any other such equipment primarily
designed for the combustion of fuel or waste material.

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

Process Industry - Any source engaged in the manufacture, processing,
handling, treatment, forming, storing or any other action upon
materials except fuel-burning operations.

Process Weight - The total weight of all materials introduced into  a
source operation, including solid fuels, but excluding liquids and
gases used solely as fuels, and excluding air introduced for combustion
and other purposes.

Process Weight Rate - A rate established as follows:

(a)  For continuous or long-run steady-state source operations, the
     total process weight for the entire period of continuous opera-
     tion or for a typical portion thereof, divided by the number of
     hours of such period or portion thereof.

(b)  For cyclical or batch unit operations, or unit processes, the
     total process weight for a period that covers a complete operation
     or an integral number of cycles, divided by the hours of actual
     process operation during such a period.
                                    -2-

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      Where the nature of any process or operation or the design of any
      equipment is such as to permit more than one interpretation of this
      definition, the interpretation that results in the minimum value for
      allowable emission shall apply.

      Refuse - Garbage, rubbish and/or trade waste.

      Ringelmann Chart - The chart published and described in the U. S.
      Bureau of Mines Information Circular 7718, on which is illustrated
      graduated shades of gray to black for use in estimating the light
      obscuring capacity of smoke.

      Rubbish - Solid wastes from residences and dwellings, commercial
      establishments, and institutions.

      Salvage Operations - Any operation of a business, trade, or industry
      engaged in whole or in part in salvaging or reclaiming any product
      or material including, but not limited to, metals, chemicals, shipping
      containers, drums or automobiles.

      Smoke - Small gas-borne and airborne particles arising from a process
      of combustion in sufficient number to be observable by a person of
      normal vision under normal conditions.

      Solid Fuel - A fuel which is fired as a solid such as coal, lignite
      and wood.

      Stack - Any flue, conduit, duct, chimney, or opening arranged to
      conduct an effluent into the open air.

      Stack Height - The vertical distance measured in feet between the
      point of discharge from the stack or chimney into the outdoor atmos-
      phere and the elevation of the land thereunder.

      Standard Conditions -  760 millimeters of mercuty at 25° Centigrade.

      Trade Waste - All solid, liquid  or gaseous material or rubbish
      resulting from construction, building operations, or the prosecution
      of any business, trade or industry including, but not limited to,
      plastic products, cartons, paint, grease, oil and other petroleum
      products, chemicals and cinders.

(3.0)  SECTION  II

      1.  CONSTRUCTION PERMIT REQUIRED

      Any person who plans a facility  which may discharge an air contaminant
      to the atmosphere from any source where such person is not now
      discharging such material; any person intending to build, alter or
      add to any source, or  device for the control of air contaminant
                                           -3-

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discharges, shall  first apply to the Department for a permit to
construct, alter,  or add to the source or device.   No permit shall
be required for the construction and operation of space heating systems
of less than 500,000 BTU/hr., dwellings of four families or less,  or
motor vehicles.  In the case of portable or semi-portable equipment,
the new location is the only new information required if relocation is
the only change, and if already permitted.

2.  CONSTRUCTION PERMIT APPLICATION

  A.  Submit a completed application form as provided by the Department.

  B.  In addition,  if information is not provided on form required  by
     2.A., submit, as applicable:

     (1) A complete description of the process being contemplated.

     (2) A statement giving the character, volume and concentration,
         length of time of discharge if intermittent, of the solid,
         liquid or gas .which will  be discharged as measured by a
         reliable method or as estimated according to accepted practice.
         Such methods or accepted practices shall  be described by
         reference or by exact description.

     (3) A description of any air pollution control system or methods
         which will be installed and used, including engineering and
         perspective drawings where such drawings will add to the
         understanding of the system or method.

     (4) A description of the manner or method used to determine that
         no undesirable levels will be created and no applicable
         Federal or State standards or regulations will be contravened
         or violated.

     (5) Such other pertinent data as may be necessary for a good
         understanding of the proposal which is being made, or as
         required by the Authority.

Any permit granted shall be based, in part, upon the statements and
description contained in the application and addenda.  Any such state-
ments and descriptions which are found to be incorrect may be the
cause for immediate revocation of the permit.

The construction permit is required for any construction, alteration
or addition started on or after February 11, 1971.

No permit will be required for emergency power generators, portable
air compressors, laboratory hoods or maintenance or replacement in kind
of existing equipment.  However, the Department shall be notified  of
the use of emergency power generators within one week of 1:he emergency
                                    -4-

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       use  if such  extends  that  long  or  longer.

       3.   OPERATION  PERMIT REQUIRED

       In addition  to a  permit to  construct,  a  permit  to operate  shall  be
       obtained.  Upon completion  of  the construction,  addition to,  or  altera-
       tion of a  facility,  the Department shall  be  notified.  The source will
       then be evaluated for satisfactory operation.   If determined  to  be
       satisfactory,  a permit to operate will be issued.   This permit may  be
       temporary  in nature  if additional  operating  experience is  needed to
       evaluate the source.  .In  making this evaluation the Department may
       require the  owner or operator  of  the source  to  furnish test date or
       other evidence of satisfactory performance.

(2.0)   SECTION III

       ENGINEERING  GUIDES AND ANALYTICAL METHODS

       A statement  of guidelines,  engineering factors  to be considered, the
       analytical methods used,  and procedures  established will be published
       by the Department from time to time and  will  be on  file and distributed
       by the Department to interested persons.   These guides may serve as a
       basis of design to install  or  modify equipment  or devices  subject to
       the  provisions of these  Regulations and  Standards.
                                           -5-

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(51.13)                            REGULATION  NO.  2.2

                                     OPEN  BURNING

(51.13)   SECTION  I

         PROHIBITION  OF OPEN  BURNING

         Open burning is prohibited except as provided below:

       " Open burning may be  conducted  in  certain situations  if no  "undesirable
         levels"  are  or will  be created.   The authority to  conduct  open  burning
         under this Regulation does not exempt or excuse the  person responsible
         for the  burning from the consequences of or  the damages  or injuries
         resulting  from the burning and does  not  exempt or  excuse anyone from
         complying  with other applicable laws and with ordinances,  regulations,
         and orders of governmental entities  having jurisdiction, even though
         the burning  is otherwise conducted in compliance with  this Regulation.
         The situations which are exempt from this Regulation and the conditions
         for exemption are enumerated in the  following paragraphs (A-J):

           A. Open  burning of leaves, tree branches or yard trimmings origin-
              ating on the premises of private residences or  dwellings of four
              families or less, and burned on those premises.

           B. Open  burning in connection with the preparation of food for
              immediate consumption.

           C. Campfires and fires used  solely for recreational  purposes  or for
              ceremonial occasions.

           D. Fires purposely set to forest lands for specific  forest management
              purposes in accordance with  practices acceptable  to the Board of
              Health  and Environmental  Control.

           E. Fires purposely set for agricultural control  of diseases,  weeds,
              pests,  and for  other specific agricultural purposes in accordance
              with  practices  acceptable to the Department of  Health and  Environ-
              mental  Control.

           F. Open  burning of trees, brush, grass and other vegetable matter for
              game  management purposes  in accordance  with practices acceptable
              to  the  Department of Health  and Environmental Control.

           G. Open  burning in other than predominantly residential  area  for the
              purpose of land clearing or right-of-way maintenance. This will
              be  exempt only  if the following conditions are  met:

              (1) Prevailing  winds at the time of the burning are away from any
                                             -6-

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    city or town,  the ambient air of  which  may  be  significantly
    affected by smoke from the burning.

(2)  The location of the burning is at least one thousand  (1,000)
    feet from all  residential, commercial and  industrial  facilities
    other than a dwelling or structure located  on  the  property on
    which the burning is conducted.

(3)  The amount of dirt on the material being burned is minimized.

(4)  Heavy oils, asphaltic materials,  items  containing  natural  or
    synthetic rubber, or any materials other than  plant growth
    which produces smoke of a shade darker  than No.  2  on  the
    Ringelmann Chart are not a part of the  material  burned.

(5)  The initial burning may be commenced only  between  the hours of
    9:00 A.M. and 3:00 P.M.; no combustible material is added  to
    the fire between 3:00 P.M. of one day and  9:00 A.M. the
    following day.

(6)  No more than one pile 60' x 60'  or equivalent  will be burned
    within a six-acre area at one time.

(7)  In the case of land clearing, all salvageable  timber and
    pulpwpod must be removed.

(8)  A written report or warning to a  person of a violation at  one
    site shall be considered adequate notice of the Regulation
    and subsequent observed violations at the  same or different
    site will result in immediate appropriate  legal action by  the
    Board.

Fires set for the purposes of training public  fire-fighting
personnel when authorized by the appropriate governmental entity,
and fires set by a private industry as a part  of an organized
program of drills for the training of industrial fire-fighting
personnel will be exempt only if the following condition is  met:

(1)  The drills are solely for the purpose of fire-fighting
    training and the duration of the  burning held  to the minimum
    required for such purposes.

Open burning of rubbish and garbage on the  premises of and
originating from private residences or dwellings of four families
or  less where services for the disposal of  such materials are  not
available and open burning on the property  where it occurs of
trade waste from building and construction  operations  will be
exempt only if the following conditions are met:

(1) The location of  the burning is at least five hundred (500)
                               -7-

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       feet from any dwelling located in a predominantly residential
       area other than a dwelling or structure located on the property
       on which the burning  isconducted.

   (2) Heavy oils, asphaltic materials, items containing natural  or
       synthetic rubber, or any other trade waste which produce
       amounts of smoke of a shade darker than No. 2 on the Ringelmann
       Chart is not burned.

   (3) The initial burning is commended only between the hours of
       9:00 A.M. and 3:00 P.M.; no additional fuel shall be added
       before 9:00 A.M. of the following day.

J. Open burning, in remote or specified areas:

   (1) Of such trade waste as constitutes  rubbish as defined in this
       Regulation provided smoke of shade darker than No. 2 on the
       Ringelmann Chart is not emitted except for a reasonable
       period to get the fire started, and the burning is conducted
       in accordance with Section I. G. of this Regulation.

   (2) Of highly explosive or other dangerous material for which
       there is no other feasible method of disposal.

   (3) For non-recurring unusual circumstances.

   (4) For experimental burning for purposes of data gathering and
       research.

   However, a written permit for these types of burning  (in
   subparagraph J. above) must be obtained in advance from the
   Department.

   The Department reserves the right to impose other or different
   restrictions and exemptions on open burning in addition to those
   enumerated above, whenever in the judgment of the Department
   this is necessary to realize the purpose of this Regulation.
                                  -8-

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(8.0)                            REGULATION  NO.  2.3

                         AIR POLLUTION  EPISODE  REGULATIONS

(2.0)   SECTION I

       GENERAL

       This  regulation is responsive to the requirements  of 42  CFR 420.16  and
       is designed 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.

(8.0)   SECTION II

       EPISODE CRITERIA

       In consonance with the emergency powers  contained  in Section 32  of  the
       Pollution  Control Act, conditions justifying the proclamation of any
       stage of an air pollution episode shall  be deemed  to exist whenever the
       Commissioner determines that  the accumulation  of air pollutants  in  any
       place is attaining or has attained levels  which could,  if such levels
       are sustained or exceeded, lead  to substantial threat to the health of
       persons.   In making this determination,  the Commissioner will be
       guided by  the criteria listed below.

       1. FORECAST - This level will normally be  activated  when an Air
          Stagnation Advisory (ASA)  is  issued for any part  of South Carolina
          by the Columbia Forecast Office of the  National Weather Service.
          If continuous air monitoring  equipment  indicates  an upward trend in
          pollutant concentrations,  the Commissioner may  request that the
          National Weather Service issue an ASA,  even though meteorological
          factors do not appear critical.  In the absence of an ASA, the
          Commissioner may, at his discretion,  declare this level when  it  is
          in the best interest of public health and welfare.

       2. WATCH - This level will be activated when continuous  air quality
          monitoring indicates that  one of the following  pollutant concen-
          trations has been reached:

            S02 - 400 >jg/m3 (0.15 p.p.m.),  24-hour average;
            Particulate - 3.0 COHs or 375 >ig/m3,  24-hour  average;
            S02 and particulate combined -  Product of S02 p.p.m., 24-hour
              average and COHs equal to 0.15 or product of  S02>ug/m3, 24-
              hour average, and particulate >ug/m3, 24-hour  average equal
              to 49 x 103;
            03 (Qxidant) - 200 /ig/m^ (0.1 p.p.m.), 1-hour average (Metropolitan
              Charlotte AQCR only);
                                           -9-

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   and meteorological  conditions are such that the pollutant concen-
   trations can be expected to remain at the above levels  for twelve
   (12) hours or more, or increase,  or in the case of oxidants,  the
   situation is likely to recur within the next 24 hours unless  control
   actions are taken.

3. ALERT - This level  indicates that air quality is continuing to
   deteriorate and that additional  control actions are necessary.  An
   alert will be declared when monitoring indicates that one of  the
   following pollutant concentrations has been reached:

     S02 - 800^g/m3 (0.3 p. p.m.),  24-hour average;
     Parti cul ate - 4.0 COHs or 500,ug/m3, 24-hour average;
     S02 and parti cul ate combined -  product of S02 p. p.m.,  24-hour
       average and COHs equal  to 0.7 or product of S02yg/m3, 24-hour
       average and parti cul ate /^g/m3, 24-hour average equal  to 229 x
       103;
     03 (Oxidant) - 800 //g/m3  (0.4  p. p.m.), 1-hour average  (Metro-
       politan Charlotte AQR only);

   and meteorological  conditions are such that pollutant concentrations
   can be expected to  remain at the  above levels for twelve  (12) hours
   or more, or increase, or in the  case of oxidants, the situation is
   likely to recur within the  next  24 hours unless control actions are
   taken.
4. EMERGENCY - The primary objective of this plan is to prevent  this
   level from ever being reached; however, should this level  be  reached
   the most stringent  control  actions are necessary.  An emergency will
   be declared when monitoring indicates that one of the following
   pollutant concentrations has been reached:
     S02 - ISOOyug/m  (0.6 p. p.m.),  24-hour average;
     Particulate - 6 COHs or 750 /tg/m3,  24-hour average;
     S02 and particulate combined -  product of S02  p. p.m.,  24-hour
       average and COHs equal  to 1.3 or  product of  S02^g/m3,  24-
       hour average and particulate^g/m3,  24-hour  average  equal to
       425 x 103;
     03 (Oxidant) - 1200/ig/m3 (0.6  p. p.m.), 1-hour average
       (Metropolitan Charlotte AQCR  only);

   and meteorological  conditions are such that this condition  can be
   expected to continue for twelve (12)  hours or more,  or increase, or
   in the case of oxidants, the situation is likely to  recur within
   the next 24 hours unless control  actions are taken.

5.  TERMINATION - Once declared, any level  reached  by application of
   these criteria will remain  in effect  until the criteria  for that
   level are no longer met.  At such time,  the next lower level will  be
   assumed.
                                    -10-

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       The appropriate episode stage will  be declared  on  a  regional  basis,  as
       dictated by air quality monitoring.   Adverse  air quality  need not  be
       regionwide to trigger control  actions;  the  appropriate  episode stage will
       be declared for an  entire Air Quality Control Region when any monitoring
        site within the region records  ambient air quality  in  excess of that
       designated in the criteria.

(8.0)   SECTION III

       EMISSION REDUCTION  REQUIREMENTS

       Persons responsible for the  operation of a  source  of air  pollutants  as
       listed in Tables 1, 2 and 3  below are required  to  plan  for and may be
       required to implement emission reduction as indicated.

                        TABLE 1 - EMISSION REDUCTION PLANS
                                    WATCH LEVEL

                                 PART A.  GENERAL

       When a Watch Level  is declared,  the following voluntary actions will be
       requested.

       1. There should be  no open burning by any persons  of tree waste,
          vegetation, refuse, or debris in any form.

       2. The use of incinerators for the disposal of  any form of solid waste
          should be limited to the  hours between 12  noon  and 4 p.m.

       3. Persons operating fuel-burning equipment which  requires boiler
          lancing or soot blowing should perform such  operations between  the
          hours of 12 noon and 4 p.m.

       4. Persons operating motor vehicles should  eliminate all  unnecessary
          operations.

                            PART B.  SOURCE CURTAILMENT

       Persons responsible for the  operation of a  source  of air  pollutants
       listed below shall  be advised of existing conditions and  be advised  to
       review their emission reduction plans.

       1. Coal or oil-fired electric power generating  facilities.

       2. Coal or oil-fired process steam generating facilities.

       3. Manufacturing industries  of the following  classifications:
                                           -11-

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   Primary Metals Industry               Mineral Processing Industries
   Petroleum Refining Operations         Paper and Allied Products
   Chemical Industries                   Grain Industry

                 TABLE 2 - EMISSION REDUCTION PLANS
                             ALERT LEVEL

                          PART A.  GENERAL

Upon declaration of an Alert Level the following will apply:

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

2. The use of incinerators for the disposal of any form of solid waste
   or liquid waste shall be prohibited.

3. Persons operating fuel-burning equipment which requires boiler
   lancing or soot blowing shall perform such operations only between
   the hours of 12 noon and 4 p.m.

4. Persons operating motor vehicles are requested to reduce operations
   by the use of car pools and increased use of public transportation
   and elimination of unnecessary operation.

                     PART B.  SOURCE CURTAILMENT

Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Alert
Level to include the following:

1. Coal  or oil-fired electric power generating facilities.

   A. Maximum reduction by utilization of fuels having lowest ash and
      sulfur content.

  • B. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
      turbulence for boiler lancing and soot blowing.

   C. Maximum reduction by diverting electric power generation to
      facilities outside of Alert Area.

2. Coal  and Oil-fired process steam generating facilities.

   A. Maximum reduction by utilization of fuels having the lowest
      available ash and sulfur content.

   B. Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
      turbulence for boiler lancing and soot blowing.
                                    -12-

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   C.  Making ready for use a plan of action  to be taken if an  emergency
      develops.

3. Manufacturing industries which require considerable lead time for
   shut-down including the following classifications.

   Petroleum Refining
   Chemical  Industries
   Primary Metals Industries
   Glass Industries
   Paper and Allied Products

   A.  Maximum reduction of air contaminants  from manufacturing operations
      by, if necessary, assuming reasonable  economic hardships by post-
      poning production and allied operations.

   B.  Maximum reduction by deferring trade waste disposal  operations
      which emit solid particles, gases,  vapors or any 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.

4. Manufacturing industries which require relatively short lead times for
   shut-down, including the following classifications:

   Primary Metals Industries
   Chemical  Industries
   Mineral Processing Industries
   Grain Industry

   A.  Elimination of air pollutants from  manufacturing operations by
      ceasing, curtailing, postponing or  deferring production  and allied
      operations to the extent possible without causing injury to persons
      or damage to equipment.

   B.  Elimination of air pollutants from  trade waste disposal  processes
      which emit solid particles, gases,  vapors or malodorous  substances.

   C.  Maximum utilization of heat load demands for processing.

   0.  Maximum utilization of mid-day (12  noon to 4 p.m.) atmospheric
      turbulence for boiler lancing or soot  blowing.
                                    -13-

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                 TABLE 3 - EMISSION REDUCTION PLANS
                           EMERGENCY LEVEL

                          PART A.  GENERAL

Upon declaration of Emergency Level the following will  apply:

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

2. The use of incinerators for the disposal  of any form of solid or
   liquid waste shall be prohibited.

3. All places of employment described below  shall immediately  cease
   operations.

   A. Mining and quarrying of nonmetallic minerals.

   B. All construction work except that which must proceed to  avoid
      emergency physical harm.

   C. All manufacturing establishments except those required to  have
      in force an air pollution emergency plan.

   D. All wholesale trade establishments; i..e., places  of business
      primarily engaged in selling merchandise  to retailers, or
      industrial, commercial, institutional  or professional  users,
      or to other wholesalers or acting as agents in buying  merchandise
      for or selling merchandise to such persons or companies  except
      those engaged in the distribution of drugs, surgical supplies
      and food.

   E. All offices of local, county and State governments including
      authorities, joint meetings and other  public bodies except such
      agencies which are determined by the chief administrative
      officer of local, county, or state government, authorities, joint
      meetings and other public bodies to be vital for  public  safety
      and welfare and the enforcement of the provisions of this  order.

   F. All retail trade establishments except pharmacies, surgical
      supply distributors, and stores primarily engaged in the  sale of
      food.

   G. Banks, credit agencies other than banks,  securities and
      commodities brokers, dealers, exchangers  and services; offices of
      insurance carriers, agents and brokers, real estate offices.

   H. Wholesale and retail laundries, laundry services  and cleaning and
      dyeing establishments; photographic studios; beauty shops, barber
      shops, shoe repair shops.
                                    -14-

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

   J.  Automobile repair,  automobile services, garages.

   K.  Establishments rendering amusement and recreational  services
      including motion  picture theaters.

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

4. All commercial and manufacturing establishments not included  in this
   order will institute such actions as  will result  in maximum reduction
   of air pollutants from their operation by ceasing,  curtailing,  or
   postponing operations  which emit air  pollutants to  the  extent
   possible without causing injury to persons or damage to  equipment.

5. The use of motor vehicles is prohibited except in emergencies with
   the approval of local  or state police.

                     PART B.  SOURCE CURTAILMENT

Any person responsible for the operation of a source of air pollutants
listed below shall take all required control actions for this Emergency
Level  to include the following:

1. Coal or oil-fired electric power generating facilities.

   A.  Maximum reduction by utilization of fuels having lowest ash and
      sulfur content.

   B.  Maximum utilization of mid-day (12 noon to 4 p.m.) atmospheric
      turbulence for boiler lancing or soot blowing.

   C.  Maximum reduction by diverting electric power  generation to
      facilities outside of Emergency Area.

2. Coal and oil-fired process steam generating facilities.

   A.  Maximum reduction 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.  Take the action called for in the  emergency plan.
                                    -15-

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3. Manufacturing industries of the following classifications:

   Primary Metals Industries
   Petroleum Refining
   Chemical Industries
   Mineral Processing Industries
   Grain Industry
   Paper and Allied Products

   A. Elimination of air pollutants from manufacturing operations  by
      ceasing, curtailing,  postponing or deferring production  and
      allied operations to  the extent possible without causing injury
      to persons or damage  to equipment.

   B. Elimination of air pollutants 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.
                                    -16-

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 (6.0)                           REGULATION NO. 2.4

                                COMPLIANCE SCHEDULE

 (2.0)   SECTION  I

        GENERAL

        The  owner  or  operator of any  source subject to the emission limitations
        of Air Pollution  Control Regulations and Standards for the State of
        South Carolina  shall comply with  the schedule of incremental steps
        necessary  to  achieve final compliance set forth in Section II of this
        standard,  as  applicable.  This  requirement shall not apply to the owner
        or operator of  any  source which is already in compliance with existing
        standards* or for which a compliance schedule has heretofore been
        approved and  is currently in  effect.

 (6.0)   SECTION  II

        The  incremental steps required  by Section I of this regulation  shall be
        accomplished  no later than the  relevant dates shown in Part A of this
        section.  The Board will consider alternative schedules to the  ones  in
        Part A by  individual sources  if (a) a request is received by September 1,
        1973, or two  months before the  first incremental step in Part A of this
        section  is due, whichever is  the  later; (b) the alternative schedule so
        requested  will  not  alter the  final compliance date in this section;  (c)
        the  proposed  alternative schedule is supported by adequate evidence
        showing  that  the  schedule is  attainable.

(13.0)   SECTION  III

        REPORTS  REQUIRED

        1. The owner  or operator of any source subject to the compliance
          schedule  in  Part A of Section  II of this standard shall notify the
          Board within five  (5) days after the deadline for each incremental
          step  whether or  not  the required incremental step has been met.

        2. The owner  or operator of any source subject to the compliance
          schedule  in  Part A of Section  II of this standard shall notify the
          Board ten  days prior to conducting a performance test.  The  Board
          reserves  the right to have an  observer present for such tests.
        *The owner or operator of the source  must  certify  compliance  to  the
        Board and furnish supporting evidence no later  than  the  date  that  the
        first incremental step in Section  II  is  to be attained,  if  ALREADY IN
        COMPLIANCE with emission standards.   All others  follow the  schedule  in
        Section II.
                                            -17-

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                                                                 PART A.   COMPLIANCE  SCHEDULE
oo
i
Source Class
Cottun Gins
Fuel Burning Operations
(Particulates)
Mot Mix Asphalt Plants
Mining, Quarrying & Other
Non-enclosed Operations
Incinerators
Primary & Secondary Metals
Plants
Pulp & Paper Manufacturing
Plants
Sulfuric Acid Manufacturing
Plants
Applicable
Standard
Std. No. 5A
Section V
Std. No. 2A
Section I
Std. No. SA
Section VI-C
Std. No. SA
Section III
Std. No. 4A
Section I-E
Std. No. 5A
Section VII
Std. No. 5A
Section II
Std. No. 5A
Section I
Plans & Permit
Application
Submitted
Sept. 15, 1973
Oct. 1, 1973
Sept. 1. 1975
Oct. 15. 1973
Sept. 15, 1973
Nov. 1, 1973
Nov. 1, 1973
Nov. 1, 1974
Necessaryl
Contracts
Let
Dec. 1, 1973
Dec. 1. 1973
Nov. 15, 1975
Dec. 15, 1973
Oct. 15, 1973
Feb. 1, 1974
Jan. 15. 1974
Apr. 1, 1975 .
On-Slte
Construction
Started
May 15, 1974
Jan. 15, 1974
Dec. 15, 1976
Mar. 1, 1974
Dec. 1, 1973
Apr. 1, 1974
May 15, 1974
Jan. 1, 1976
Construction
Completed
July 1. 1974
June 1. 1974
May 1. 1977
June 1, 1974
Dec. 31, 1973
Apr. 15, 1975
Apr. 1, 1975
June 1, 1977
Final'1
Coinpl iance
July 1, 19743
July 1, 1974
July 1, 1977
July 1, 1974
Dec. 31. 1973
May 1. 1975
July 15. 1975
July 1. 1977
                 1.  Include purchase orders or contracts  for equipment or services necessary  to achieve compliance with standards  In
                     accordance with plans and permit applications  submitted and approved.

                 2.  Final compliance is achieved after all  adjustments to control equipment or processes have been made and emission
                     test shows that standards are being met.

                 3.  As soon after July 1, 1974, as possible, but no  later than October  15, 1974 - Conduct performance test and/or
                     certify to the Board compliance with  applicable  regulations and standards.  This date Is extended to coincide
                     with the approximate starting date of the 1974 ginning season.

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 (8.0)                            REGULATION  NO.  2.5

                                HAZARDOUS  CONDITIONS

 (2.0)   SECTION  I

        GENERAL

        The  owner  or  operator  of any  source,  in  addition  to complying with all
        applicable regulations and  standards,  shall take  all  steps  necessary  to
        protect  human health and welfare and otherwise minimize  the effects of
        unintended, short-term or other releases  of air contaminants and  other
        substances which  produce unintended  hazardous conditions.

 (1.0)   SECTION  II

        DEFINITIONS

        1. Hazardous  Conditions (or hazardous  levels) - Sha-11  refer to  condi-
          tions created  by the release or discharge into the ambient air of
          one or  more air contaminants which  because of  the  characteristic
          and/or  quantity of  material  involved  may pose  an imminent threat to
          the health of  anyone who might  come in contact with the  material
          through this release as  well as involving substantial  risk of
          injury, to include  injury  to property or plant and animal life.  This
          includes the indirect threat to human life and property  by the
          creation of traffic hazards.

        2. Traffic Hazards - For purposes  of this regulation  a traffic  hazard
          resulting  from impairment  of visibility exists whenever  the  concen-
          tration of dust, fumes,  condensed vapor, or any other substance is
          such  that  the  horizontal visibility at or near ground level  is
          reduced to 2400 feet or  less.

(12.0)   SECTION  III

        TRAFFIC  HAZARDS

        The  emission  of smoke, dust,  fumes,  condensed vapor,  or  any other
        substance  which creates a traffic  hazard on public roads by impairment
        of visibility, or intensifies an existing condition to the  extent that
        a traffic  hazard  is created is  prohibited.

 (8.0)   SECTION  IV

        EMERGENCY  ACTIONS

        In the event  that releases  of dust,  fumes, smoke, gases, mists, vapors
        or other substances occur in  such  quantity as to  create  imminently
                                            -19-

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       hazardous levels,  all  necessary emergency acts  shall  be taken to cause
       the release to cease,  to notify nearby residents  and  occupants,  to
       assist in evacuation if deemed necessary, to notify the Department of
       Health and Environmental Control  immediately and  to take such other
       action as responsible  officials deem advisable.
(8.0)   SECTION V

       CLEANUP
       If releases to the atmosphere of air contaminants  result from spillage
       and cause such concentrations as to produce an imminently hazardous
       level,  clean up activities  shall begin  as  soon as  possible,  and  shall
       be completed to the satisfaction of the Commissioner.
(2.0)  SECTION VI

       NOTIFICATION
       The affected public,  the Department of Health  and Environmental
       Control,  the South Carolina Disaster Preparedness Agency,  and  all  law
       enforcement officials having jurisdiction shall  be notified  promptly
       by the owner or operator of the source in the  event of releases  of
       material  which may cause imminently hazardous  levels.   If  traffic
       hazards are created,  notification shall  be made  to appropriate state
       or local  agencies of  the possible existence of such a  condition  and
       of the corresponding  need for posting of appropriate signs,  warning
       devices or flagmen.  When the concentrations of  materials  are  reduced
       sufficiently as to no longer present an imminent hazard, public
       announcement will be  made, and normal operations may resume.
                                           -20-

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  (50.0)                              REGULATION  2.6

                             AIR POLLUTION  CONTROL STANDARDS
                                     STANDARD  NO.  1
                                     SMOKE  EMISSION
(50.1.2)   SECTION I

          EXISTING SOURCE
            A.  No one shall  discharge to  the  ambient air from any  source  existing
               or under construction prior to February  11,  1971, smoke  of a  shade
               as dark or darker than No.  2 on the  Ringelmann Chart.   For a  total
               of five (5)  minutes  in one  hour or twenty (20) minutes  in  a 24-hour
               period, Ringelmann Scale No. 2 may be exceeded for  start-up,  shut-
               down,  soot blowing or equipment change but shall  not exceed
               Ringelmann Scale No.  3.

            B.  Smoke, exclusive of condensed  water  vapor, from fuel burning  shall
               not obscure an observer's  view to a  degree as  great as  or  greater
               than does smoke designated  as  No. 2  on the Ringelmann Chart.
(50.1.2)   SECTION II

          NEW SOURCES
            A.  No one shall  discharge to the outside atmosphere from any single
               source constructed on or after February 11,  1971,  smoke of a  shade
               as dark or darker than No.  1  on the Ringelmann Chart.   For a
               total  of five (5) minutes in  one hour or twenty (20)  minutes  in
               a twenty-four hour period,  Ringelmann Scale  No. 1  may be exceeded
               for a  start-up,  shut-down,  soot blowing or equipment  change but
               shall  not exceed Ringelmann Scale No. 3.

            B.  Smoke, exclusive of condensed water vapor, from fuel  burning  shall
               not obscure an ovserver's view to a degree as great as or greater
               than does smoke designated as No. 1 on the Ringelmann Chart.
                                     STANDARD NO.  2
                          EMISSION FROM FUEL BURNING OPERATION
  (51.5)  SECTION I

          PARTICULATES
          The allowable discharge of particulate matter arising from fuel  burning
          operations shall be limited to the values obtained by use of Figure 1.
          Fuel burning operations in use or under construction before February 11,
                                              -21-

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        1971,  and  fuel  burning operations constructed on or after  February 11,
        1971,  shall  use the appropriate portion of the graph.
                     PARTICULATE EMISSION, FUEL BURNING OPERATIONS
               APPROXIMATE STEAM GENERATION,  THOUSANDS  OF  POUNDS PER  HOUR
            I
1 0
9
3
7
6
5
4
3
2
1
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FIGURE I
(51.6)  SECTION II

        SULFUR DIOXIDE EMISSIONS

          A. The maximum allowable discharge of  sulfur  dioxide  ($02)  from fuel
             burning operations shall be  in accordance  with  a  system  of
             priorities as specified hereinafter in  paragraph  B.   The
             classifications shall be delineated on  a county basis.   The
                                             -22-

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   maximum allowable discharge for the various classes is specified
   in paragraph C of this Section.

B. (1) The class into which a given county falls has been determined
       by mathematical atmospheric diffusion models and other methods
       which evaluate those factors which necessitate limits on
       sulfur dioxide emissions.  These factors include but were not
       limited to:  (1) total sulfur dioxide emissions; (2) spatial
       distribution of sulfur dioxide sources; (3) effects of
       single, large sources; (4) existing, measured air quality;
       (5) topographical features of the county; (6) contributions to
       background levels due to sources outside the county being
       considered; (7) population density.

   (2) The assigned classifications will be reviewed periodically at
       intervals not to exceed three years, and changes will be made
       as required.  When a county is assigned to a more restrictive
       class, individual compliance schedules will be established in
       such a way that reasonable time will be allowed for the sources
       to make necessary changes in equipment and/or fuel contracts.

   (3) The following classifications will be effective after January
       30, 1974, and will remain in effect until changed by the
       procedure described in subparagraph 2.

       Class I   - Charleston County

       Class II  - Aiken County - Anderson County

       Class III - All others

C. After January 30, 1974, sulfur dioxide emissions from fuel burning
   sources located in various counties will not exceed the following
   limits:

   (1) Counties in Class I
                                        Maximum Allowable Emissions
       Rated Source Size                (Ib SOp/million BTU Input)

       Up to and including
       10 million BTU/hr.                          3.5

       Greater than 10 million BTU/hr.             2.3

   (2) Counties in Class II
                                        Maximum Allowable Emissions
       Rated Source Size   •             (Ib S0?/mi11ion BTU Input)

       Up to 1000 million BTU/hr.                  3.5
                                  -23-

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                1000 million BTU/hr. and larger             2.3

            (3) Counties in Class III
                                                 Maximum Allowable Emissions
                Rated Source Size                (1b S0?/million BTU Input)

                All                                          3.5

         D.  If it can be demonstrated to the satisfaction of the Board that
            ambient air standards will  not be contravened by a source, alone
            or in combination with other sources,  a greater allowance for
            sulfur dioxide discharges may be made  on a case by case basis.
            This shall  be done in accordance with  usual  variance procedures.

(2.0)   SECTION III

       EXEMPTIONS

         A.  Residences  or dwelling of four families or less are exempt from
            the requirements of this Standard.

         B.  Ocean-going vessels actually engaged in the  physical  process  of
            national  or international trade or  defense shall  be exempt from
            the provisions of Section II of this Standard.

(4.0)                              STANDARD NO.  3
                           AMBIENT AIR QUALITY  STANDARDS

       The following  table constitutes  the ambient air quality standards  for
       the State of South Carolina.   Additions  to  this table  will  be made
       from time to time, after public hearings.

       The analytical methods to be used will be published  in ENGINEERING
       GUIDES  AND ANALYTICAL METHODS.
POLLUTANT
Sulfur Dioxide


MEASURING
INTERVAL
3 hour
24 hours
annual
MICROGRAMS/CUBIC METER*
**
1 300****
365****
80
          * Arithmetic  Average  except in  case  of suspended  particulates
         ** At 25°C.  and 760  mm Hg.
        *** Geometric Mean.
       **** Not to be exceeded  more  than  once  a  year.
                                           -24-

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POLLUTANT
Suspended Particulates
Carbon Monoxide
Photochemical Oxidant
MEASURING MICROGRAMS/CUBIC METER*
INTERVAL **
?.4 hours
annual G.M.***
1 hour
8 hours
1 hour
250
60
25,000
10,000
100
        Non-methane  hydrocarbons      3  hours
                       130
        Gaseous  Fluorides

            (as  HF)
30 days   ugm/cm2/mo.

              0.3
        Oxides  of Nitrogen
 annual
100
                                   STANDARD  NO.  4

(51.9)   SECTION I

        REQUIREMENTS FOR EXISTING INCINERATORS

          A.  All  existing incinerators  shall  operate  within  the  following
             maximum emission limitations:'

             (1)  Particulates in the flue gas discharged into  the  atmosphere
                 shall  not exceed 0.75  pounds per  million BTU  of heat  input to
                 the incinerator, excluding  auxiliary fuel.

             (2)  Emissions shall not produce smoke,  the shade  or appearance of
                 which  is greater than  No.  2 (or equivalent  opacity) of the
                 Ringelmann Smoke Chart,  for an  aggregate of more  than five
                 (5) minutes in any one hour or  twenty (20)  minutes  in a
           * Arithmetic Average except in  case  of suspended  particulates
          ** At 25°C.  and 760 mm Hg.
         *** Geometric Mean.
        **** Not to be exceeded more  than  once  a  year.
                                            -25-

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                 twenty-four hour period.

             (3)  Odors  from the incinerator shall  be  reduced  to  such  a  level  as
                 not to create  an undesirable  level.

             (4)  Emissions  shall  not contain particles  which  are sufficiently
                 large  as  to be. visible  as  individual  particles  at  the  emission
                 point  or  are of such size  and nature as  to be visible  indivi-
                 dually as  incandescent  particles.  This  requirement  shall  only
                 apply  if  particles  fall  on real  property other  than  that  of  the
                 person responsible  for  the emission.

          B.  Prior to July  1, 1971,  owners  or  operators of existing incinerators
             shall  have complied with the requirements  of this Section  or  shall
             have obtained  approval  in writing from the Department  of a program
             designed to meet the above  requirements.

          C.  Large municipal  type incinerators will not be subject  to these
             standards  and  will be subject  to  fuel burning standards  instead.

          D.  Operators  or  owners of  all  incinerators  existing or under  construc-
             tion prior to  February  11,  1971,  except  domestic-type  incinerators
             intended for  private residences of four  families or less,  shall
             furnish the Department  with a  completed  application form.   This
             application shall  be furnished within ninety days after  the
             effective  date of  these standards, if such information has not
             already been  filed.

          E.  All  existing  incinerators must conform to  the requirements for New
             Incinerators  in Section II  below, after  December 31, 1973.

(51.9)   SECTION II

        REQUIREMENTS FOR NEW INCINERATORS

          A.  An application provided by  the Department  shall  be  submitted  to
             the Department for a permit to construct new incinerators  except
             domestic-type incinerators  intended for  use  in private residences
             of four families or less.  Upon completion of the incinerator,
             the Department shall be notified  so that the unit may  be evaluated
             for the required permit to  operate.

          B.  All  new incinerators shall  operate within  the following  minimum
             emission limitations:

             (1)  Pa'rticulates in the flue gas  discharged  into the atmosphere
                 shall  not exceed 0.5 pounds per million  BTU  of  heat  input to
                 the incinerator, excluding auxiliary fuel.

             (2)  Emissions shall not produce smoke  the  shade  or  appearance of
                                            -26-

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               which  is  as  dark  or  darker  than  No.  1 of  the  Ringelmann Chart,
               or  equivalent  opacity,  for  an  aggregate of more  than  three
               (3)  minutes  in any one  hour or fifteen  (15) minutes in a  twenty-
               four hour period.

           (3)  Odors  from the incinerator  shall  be  reduced to such, a level  as
               not to create  an  undesirable level.

           (4)  Emissions shall not  contain individual  particles which are
               sufficiently large as to  be visible  as  individual  particles  at
               the emission point or are of such  size  and nature  as  to be
               visible individually as incandescent particles.  This require-
               ment shall only apply if  such  particles fall  on  real  property
               other  than that of the  person  responsible for the  emission.

     C.  Large municipal type incinerators wi-11 not be subject  to these
         standards and will be subject to  fuel  burning standards  instead.

 (51.21)                           STANDARD  NO.  5
                           EMISSION FROM PROCESS INDUSTRIES

(51.18)  SECTION I

         SULFURIC  ACID MANUFACTURING PLANTS

         The rate  of  emission of sulfur  dioxide from sulfuric acid manufacturing
         plants shall be limited to 10 pounds per ton  of 100% acid produced and
         emissions of acid  mist  to  0.5 pounds of sulfuric acid  per ton of  100%
         acid produced.   The  Board  further requires that all sulfuric acid
         manufacturing plants shall emit no more than  4  pounds  of sulfur dioxide
         per ton of 100% sulfuric acid produced by  July  1, 1977.

(51.14)  SECTION II

         PULP AND  PAPER MANUFACTURING  PLANTS

         The rate  of  particule emissions from pulp  and paper manufacturing
         plants shall be limited to the  following:

                                      Maximum  allowable emission of particulates
                                            in  pounds/equivalent  ton of  air
                                            dried,  unbleached pulp produced.

         Recovery  Furnace Stack  	                 2.75

         Dissolving Tank Vents 	                 1.0

         Lime Kiln Stack 	                 1.0
                                       -27-

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(51.2)   SECTION III

(51.3)   MINING, QUARRYING AND OTHER NON-ENCLOSED OPERATIONS

          A.  All  quarries, mines,  pits,  and other sources  of this  type shall
             be operated in such a manner that a minimum of  particulate matter
             becomes  airborne.   In no  case shall  established ambient air
             quality  standards  be  exceeded at or beyond  the  property line.

          B.  The owner or operator of  the plant shall  maintain  dust control  of
             the plant premises and access roads  by  suitable measures.

          C.  All  crushing, drying, classification and  like operations  shall
             employ a suitable  control device acceptable to  the Department,  and
             shall discharge no more particulate matter  than that  specified  in
             Section  VII of this Standard.

(51.3)   SECTION IV

        CEMENT MANUFACTURING PLANTS

        The rate of emission of particulate matter from  cement  plants  shall  be
        limited to the following:

        Production Rate                         Maximum  Allowable  Emissions  of
            Per Kiln                              Particulate Matter Per Kiln   '
        (Tons per Hour)                               (Pounds per  Hour)

              10                                             14
              15                                             18
              20                                             22
              25                                             25
              30                                             29
              50                                             40
              60                                             42
              80                                             45
             100                                             47
             120                                             48
             130                                             49
             150                                             50
             180                                             52
             200                                             53

(51.1)   SECTION V

        COTTON GIN

        The particulate emissions  from a cotton ginning  operation  shall be
        limited to the maximum rate specified in the table below for the process
        rate allocated to such process.
                                            -28-

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        Production Rate                             Maximum Allowable  Rate of
           (Output)                                         Particulate
        (Bales* per  Hour)                                 (Pounds  per Hour)

               4                                               12.3
               5                                               14.4
               6                                               16.2
               7                                               18.0
               8                                               19.5
               9                                               21.2
              10                                               22.8
              11                                               24.2
              12                                               25.8
              13                                               27.1
              14                                               28.5
              15                                               29.9
              16 and above                                     31.2

(51.8)   SECTION VI

        HOT MIX ASPHALT PLANTS

          A. The rate of emission  of particulate matter  from hot  mix asphalt
             plants  in operation or under  construction on March 1,  1972,  shall
             be limited to the  following:

          Aggregate  Process Weight             Maximum  Allowable Emission Rate
              (Tons  per Hour)                          (Pounds  per Hour)

                     20                                     30
                     50                                     45
                    100                                     57
                    150                                     67
                    200                                     75
                    250                                     82
                    300                                     88
                    350 and above                            94

          B. The rate of emission  of particulate matter  from hot  mix asphalt
             plants  beginning operation in South Carolina after March 1,  1972,
             shall be limited to  the following:
        *For the purpose of this  standard a  bale  is  defined  as  a  finished  bale
        weighing 500 pounds.
                                            -29-

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           Aggregate Process  Weight             Maximum Allowable Emission Rate
               (Tons per Hours)                        (Pounds  per Hours)

                      20                                      22
                      50                                      31
                     100                                      38
                     150                                      45
                     200                                      51
                     250                                      56
                     300                                      61
                     350 and  above                            65

           C.  The Rate of emission of particulate  matter from  all  hot mix
              asphalt plants  shall  be limited  to the amounts shown in Paragraph B
              of this Section by July 1,  1977.

           D.  All  hot mix asphalt plants  shall  be  equipped  with  a fugitive dust
              control system  which shall  be operated and maintained in such a
              manner as to reduce to  a minimum the emission of particulate matter
              from any point  other than the stack  outlet.

           E.  The owner or operator of all  hot mix asphalt  plants shall maintain
              dust control  of the plant premises and access roads by paving,
              oil  treatment or other  suitable  measures.

(51.21)   SECTION VII

         OTHER PROCESS INDUSTRIES

           A.  The particulate emissions from all other process industries  shall
              be limited to the  rate  specified in  Table A for  the process  weight
              rate allocated  to  such  process,  and  modified  using the effect
              factors of Table B.

           B.  Interpolation of the data in  this table for process weights  up to
              30 tons per hour shall  be accomplished by use of the equation:

                E = 4.10 p°-67

              and interpolation  and extrapolation  of the data  for process  weight
              rates greater than 30 tons  per hour  shall  be  accomplished by using
              the equation:

                E = 55.0 P0-11  - 40

              where E = the allowable emission rate in pounds  per hour,
              and   P = process  weight rate in tons per hour.
                                             -30-

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                               TABLE A

       ALLOWABLE RATE OF EMISSION BASED ON PROCESS  WEIGHT RATE
PROCESS WEIGHT
RATE
(Tons/Hour)
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
RATE OF'
EMISSION
(Pounds/Hour)
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
PROCESS WEIGHT
RATE
(Tons/Hour)
8
9
10
15
20 '
25
30
35
40
45
50
60
70
80
100
500
1,000
3,000
RATE OF
EMISSION
(Pounds/Hour)
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
                               TABLE B

              EFFECT FACTOR FOR PARTICIPATE EMISSIONS*
             (TO BE USED WITH STANDARD 5 - SECTION VII)
MATERIAL
EFFECT FACTOR
  a. All materials not specifically listed hereunder

  b. Elements and their compounds on the basis of
     the element contained therein**	
  c. Specific Materials:
       Acid Mists	
      1.0


 none assigned


      0.25
                                    -31-

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*The Board will make additions to this table as required from time to
time to preserve public health and property in South Carolina.

**When a material contains two or more elements, the effect factor of
the element having the lowest effect factor shall  apply.
                                     -32-

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FEDERALLY PROMULGATED



     REGULATIONS
          -33-

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(10.0)   52.2125    Review of New or Modified  Indirect  Sources

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

                 (1)  All terms used in this paragraph but not specifically defined
                      below shall have the meaning given them in 52.01 of this chapter.

                      (i)     The term "indirect source" means a facility, building,
                              structure, or installation which attracts or may attract
                              mobile source activity that results in emissions of a
                              pollutant for which there is a national standard.  Such
                              indirect sources include, but are not limited to:

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial  and industrial facilities.

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

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)  Education facilities.

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

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

                      (iv)    The term "aircraft operation" means an aircraft take-off
                              or landing.

                      (v)     The phrase  "to commence construction" means to engage in
                              a continuous program of on-site construction including
                              site clearance, grading, dredging, or land filling specif-
                              ically designed for an indirect source in preparation for
                              the  fabrication, erection, or installation of the build-
                              ing components of the indirect source.  For the purpose
                              of this paragraph, interruptions resulting from acts of
                              God, strikes, litigation, or other matters beyond the
                              control of  the owner shall be disregarded in determining
                              whether a construction or modification program is contin-
                              uous.
                                              -34-

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     (vi)    The phrase "to. commence modification" means to engage in
            a continuous program of on-site modification, including
            site clearance, grading, dredging, or land filling in
            preparation for specific modification of the indirect
            source.

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

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

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

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

     (i)     In an SMSA:

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

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

             (c)  Any  new  highway  project with an anticipated average
                 annual daily  traffic volume of 20,000 or more vehi-
                 cles per day  within ten years of construction;  or

             (d)  Any  modified  highway project which will increase
                 average  annual daily traffic volume  by 10,000 or
                 more vehicles  per  day within ten years after modifi-
                  cation.

     (ii)    Outside  an  SMSA:

             (a)   Any  new' parking  facility, or other  new  indirect
                  source with  an  associated parking area, which has
                  a  parking capacity of  2,000  cars or more;   or
                             -35-

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

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

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

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

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

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

     (i)     For  all  indirect sources subject to this paragraph,  other
             than highway  projects:

             (a)  The name and  address  of the applicant.

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

             (c)   A description of  the  proposed use  of the  site,  in-
                  cluding  the normal hours of operation of  the facil-
                  ity, and the  general  types of activities  to be  op-
                  erated therein.
                             -36-

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       (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to and from the site and its associated
            parking areas, and the location and height of
            buildings on the site.

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

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

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

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

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

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

        (c)   Expected passenger  loadings at  the airport.

        (d)   The information required under  subdivisions  (i)  (a)
             through (i)  of  this subparagraph.
                        -37-

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     (i i i)    For  highway  projects:

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

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

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

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

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

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

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

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

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

     (ii)    The  Administrator shall make the determination  pursuant
             to paragraph (b)  (4)  (i)  (b) of this section by evaluat-
             ing  the anticipated  concentration  of carbon monoxide at
             reasonable  receptor  or exposure sites which will be af-
             fected  by the mobile source activity expected  to be at-
             tracted by  the  indirect source.  Such determination may
             be made by  using  traffic  flow  characteristic guidelines
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             published by the  Environmental  Protection Agency which
             relate  traffic  demand and capacity considerations  to  am-
             bient carbon monoxide impact, by  use of  appropriate at-
             mospheric diffusion models  (examples of  which  are  refer-
             enced in Appendix 0 to  Part 51  of this chapter), and/or
             by  any  other reliable analytic  method.   The  applicant
             may (but need not) submit with  his application, the re-
             sults of an appropriate diffusion model  and/or any other
             reliable analytic method, along with the technical data
             and information supporting  such results. Any  such results
             and supporting  data submitted by  the applicant shall  be
             considered by the Administrator in making his  determina-
             tion pursuant to  paragraph  (b)  (4)  (i)  (b) of  this sec-
             tion.

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

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

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

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

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

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

     (iii)   For new highway projects subject to this paragraph with
             an anticipated average daily traffic volume  of 50,000 or
             more vehicles within  ten years of construction,  or mod-
             ifications to highway projects subject to this paragraph
             which will increase average daily traffic volume by 25,000
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             or more vehicles  within  ten  years  after modification,  the
             Administrator's  decision on  the approval  or disapproval
             of an  application shall  be based on  the considerations to
             be published  as  an Appendix  to  this  Part  in addition to
             the requirements  of paragraph  (b)  (6)  (i)  of this  section.

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

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

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

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

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

             (c)  Notify the  public,  by  prominent advertisement in  a
                  newspaper of general circulation  in  each region in
                  which the proposed  indirect source would be con-
                  structed, of the opportunity  for  written public com-
                  ment  on  the information submitted by the owner or
                  operator and the Administrator's  preliminary  deter-
                  mination on the approvability of  the indirect source.

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the  applicant and to officials
             and agencies  having cognizance  over  the location where
             the indirect  source will be  situated,  as  follows:  State
             and local  air pollution  control agencies, the chief exec-
             utive of the  city and county;  any comprehensive regional
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            land use planning agency;  and for highways, any local
            board or committee charged with responsibility for activ-
            ities in the conduct of the urban transportation planning
            process (3-C process) pursuant to 23 U.S.C. 134.

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

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

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

(9)   (i)     Whenever an indirect source as proposed by an owner or
            operator's application would not be permitted to be con-
            structed for failure to meet the tests set forth pursuant
            to paragraphs  (b)  (4)  (i),  (b) (5)  (i), or (b)  (6) (i)
            and  (iii) of this  section,  the Administrator may impose
            reasonable conditions on an approval related to the air
            quality aspects of the proposed indirect source so that
            such source, if constructed or modified in accordance
            with such conditions, could meet the tests set  forth
            pursuant to paragraphs (b)  (4) (i), (b) (5)  (i), or (b)
             (6)  (i) and  (iii)  of this section.  Such conditions may
             include, but not  be  limited  to:

             (a)  Binding commitments to  roadway improvements or ad-
                 ditional  mass transit  facilities to serve  the in-
                 direct source secured  by the owner or operator from
                 governmental  agencies  having jurisdiction  thereof;

             (b)  Binding commitments by  the owner or operator to
                 specific  programs for  mass transit incentives for
                 employees and patrons  of the source;  and
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              (c)   Binding  commitments  by  the  owner or operator to  con-
                   struct,  modify,  or operate  the  indirect source  in
                   such a manner as may be necessary to achieve the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant to paragraph
                   (b)  (4)  (ii) of  this section.

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

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
        1975;  40  FR 40160, Sept. 2, 1975)
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(17.0)   52.2131    Prevention  of Significant Deterioration

           (b)  Definitions.   For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means fabrication, erection or installation of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

           (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974,and therefore
                     are exempt from the requirements of this paragraph.
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(2)   (i)      For purposes  of this  paragraph,  areas  designated as  Class
             I  or II  shall  be limited to the  following increases  in
             pollutant concentration occurring since January 1,  1975:

             	Area Designations	

                  Pollutant                      Class I      Class II
                                                 (ug/m3)      (ug/m3)
             Particulate matter:
               Annual  geometric mean 	        5            10
               24-hr maximum	       10            30

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

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

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

     (ii)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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        (c)   A  discussion  of the  reasons  for the  proposed  redes-
             ignation  is available  for public inspection at least
             30 days prior to the hearing and the notice announc-
             ing the hearing contains  appropriate notification  of
             the availability of  such  discussion, and

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

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

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

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

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

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

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

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

(v)     Nothing in this section  is  intended to convey  authority
        to the States  over Indian Reservations where States have
        not assumed such  authority  under other laws  nor  is  it
        intended to deny jurisdiction which States have assumed
                        -46-

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

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

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

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

        (a)  Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall  be approv-
             ed  unless the Administrator determines (1)  that the
             requirements  of subdivisions  (ii)  and (iii)  of this
             subparagraph  have  not  been complied with,  (2)   that
             the State has arbitrarily  and capriciously disre-
             garded  relevant considerations set forth in  sub-
             paragraph  (3) (ii) (d) of this paragraph,  or (3)
             that the State has not requested and received  dele-
             gation  of responsibility  for  carrying out the  new
             source  review requirements of paragraphs (d) and (e)
             of this section.

        (b)  Any redesignation  proposed pursuant to subdivision
             (iv) of this  subparagraph  shall  be approved  unless
             he determines (1)   that the  requirements of subdivi-
             sion (iv)  of this  subparagraph have not been complied
             with, or (2)   that the Federal Land Manager has arbi-
             trarily and capriciously  disregarded relevant con-
             siderations set forth  in  subparagraph (3)  (ii) (d) of
             this paragraph.

        (c)  Any redesignation  submitted  pursuant to subdivision
             (v) of this subparagraph  shall be approved unless  he
             determines  (1)  that the  requirements of subdivision
             (v) of this subparagraph  have not been complied with,
             or  (2)   that the  Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations  set forth  in  subparagraph (3) (ii)  (d)  of this
             paragraph.
                         -47-

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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall  be  approved  only  after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian  Governing Bodies and  from the
                      public on the proposal.

                  (e)  Any  proposed redesignation  protested to the  propos-
                      ing  State,  Indian  Governing Body,  or Federal  Land
                      Manager and  to  the Administrator by  another  State  or
                      Indian Governing Body  because of the effects  upon
                      such protesting State  or Indian Reservation  shall  be
                      approved  by  the Administrator only if he  determines
                      that in his  judgment the redesignation  appropriately
                      balances  considerations  of  growth  anticipated in the
                      area proposed to be  redesignated;  the  social,  envi-
                      ronmental  and economic effects  of  such  redesignation
                      upon the  area being  redesignated and upon other areas
                      and  States;  and any impacts  upon  regional or nation-
                      al interests.

                  (f)  The  requirements of  paragraph (c)  (3) (vi) (a)  (3)
                      that a State request and receive delegation  of the
                      new  source review  requirements  of  this  section  as  a
                      condition to approval  of a  proposed  redesignation,
                      shall  include as a minimum  receiving the  administra-
                      tive and  technical functions  of the  new source  re-
                      view.   The Administrator will carry  out any  required
                      enforcement  action in  cases where  the State  does not
                      have adequate legal  authority to initiate such  ac-
                      tions. The  Administrator may waive  the requirements
                      of paragraph (c) (3) (vi) (a) (3)  if the  State  Attor-
                      ney-General  has determined  that the  State cannot ac-
                      cept delegation of the administrative/technical func-
                      tions.

          (vii)    If the Administrator disapproves any proposed  area desig-
                  nation under this subparagraph,  the  State, Federal  Land
                  Manager or  Indian Governing Body,  as appropriate,  may re-
                  submit the  proposal  after correcting the  deficiencies
                  noted by  the Administrator  or reconsidering  any area des-
                  ignation  determined  by  the  Administrator  to  be arbitrary
                  and capricious.

(d)   Review of new sources

     (1)   The provisions of this paragraph  have been incorporated by refer-
          ence into the applicable  implementation  plans for various  States,
          as provided in Subpart.s 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
                                  -48-

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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (111)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery  Plants.
    (xvi)   Carbon Black  Plants  (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xviii) Fuel Conversion  Plants.
    (xix)   Ferroalloy production  facilities commencing construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence construction  or modification
    of a  source subject to this  paragraph unless  the  Administrator de-
    termines  that, on  the basis  of  information  submitted  pursuant to
    subparagraph  (3) of this  paragraph:
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     (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other  sources in the areas affected by the proposed source
            shall  include all new and modified sources granted approv-
            al to  construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part" of 1974;  and general commer-
            cial,  residential, industrial, and other sources of emis-
            sions  growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

     (ii)    The new or modified source will meet an emission limit,
            to be  specified by the Administrator as a condition to
            approval, which represents that level of emission reduc-
            tion which would be achieved by the application of best
            available control technology, as defined in 52.01 (f),
            for particulate matter and sulfur dioxide.  If the Admin-
            istrator determines that technological or economic limi-
            tations on the application of measurement methodology to
            a particular class of sources would make the imposition
            of an  emission standard infeasible, he may instead pre-
            scribe a design or equipment standard requiring the appli-
            cation of best available control technology.  Such standard
            shall  to the degree possible set forth the emission re-
            ductions achievable by implementation of such design or
            equipment, and shall provide for compliance by means which
            achieve equivalent results.

     (iii)   With respect to modified sources, the requirements of sub-
            paragraph  (2)  (ii) of this paragraph shall be applicable
            only to the facility or facilities from which emissions
            are increased.

(3)  In making the  determinations required by paragraph (d) (2) of this
     section, the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site information,  plans, description, specifications, and drawings
     showing the design of  the source;  information necessary to de-
     termine the impact that the construction or modification will have
     on sulfur dioxide  and  particulate matter air quality levels;  and
     any other  information  necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the owner  or operator of the source shall provide informa-
     tion on the nature and extent of general commercial, residential,
     industrial, and other  growth which has occurred in the area af-
     fected by  the  source's emissions  (such area to be specified by  the
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         Administrator) since'January 1, 1975.

    (4)  (i)     Where a new or modified source is located on Federal
                 Lands, such source shall be subject to the procedures
                 set forth in paragraphs (d) and (e) of this section.
                 Such procedures shall be in addition to applicable pro-
                 cedures conducted by the Federal Land Manager for admin-
                 istration and protection of the affected Federal Lands.
                 Where feasible, the Administrator will coordinate his
                 review and hearings with the Federal Land Manager to
                 avoid duplicate administrative procedures.

         (ii)    New or modified sources which are located on Indian
                 Reservations shall be subject to procedures set forth in
                 paragraphs (d) and (e) of this section.  Such procedures
                 shall be administered by the Administrator in cooperation
                 with the Secretary of the Interior with respect to lands
                 over which the State has not assumed jurisdiction under
                 other laws.

         (iii)   Whenever any new or modified source is subject to action
                 by a Federal Agency which might necessitate preparation
                 of an environmental impact statement pursuant to the
                 National Environmental  Policy Act  (42 U.S.C. 4321), re-
                 view by the Administrator conducted pursuant to this
                 paragraph shall be coordinated with the broad environmen-
                 tal reviews under that  Act, to the maximum extent feas-
                 ible and reasonable.

     (5)  Where  an  owner or operator has  applied for permission to con-
         struct or modify pursuant to this paragraph and the proposed
         source would be located in an area which has been proposed  for
         redesignation to a more stringent class  (or the State,  Indian
         Governing Body, or Federal Land Manager has announced such  con-
         sideration), approval shall not be granted until the Administra-
         tor has acted on the proposed redesignation,

(e)   Procedures  for public participation

     (1)   (i)    Within 20 days after receipt of an application  to con-
                 struct, or any addition to such application, the Admin-
                 istrator shall advise the owner or operator of  any  de-
                 ficiency in  the information  submitted  in support of the
                 application.   In  the event of such a deficiency, the date
                 of  receipt of  the application for  the  purpose of para-
                 graph  (e)  (1)  (ii) of this section shall be the date on
                 which  all  required information  is  received by the Admin-
                  istrator.

          (ii)   Within  30  days after receipt of  a  complete application,
                 the Administrator shall:
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        (a)   Make a preliminary determination whether the source
             should be approved, approved with conditions,  or dis-
             approved.

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

        (c) •  Notify the public, by prominent advertisement  in
             newspaper of general circulation in each region  in
             which the proposed source would be constructed,  of
             the  opportunity for written public comment  on  the in-
             formation submitted by the  owner or operator and the
             Administrator's preliminary determination on the ap-
             provability of the source.

(iii)    A copy of the notice required pursuant to this subpara-
        graph shall be sent to  the applicant and to officials and
        agencies  having cognizance over  the locations where the
        source will be situated as follows:  State  and local  air
        pollution control agencies, the  chief executive  of  the
        city  and  county; any comprehensive regional  land use plan-
        ning  agency;  and any State,  Federal Land Manager or  In-
        dian  Governing Body whose lands  will be significantly af-
        fected by the source's  emissions.

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

(v)     The Administrator shall take  final action on  an  applica-
        tion  within 30 days after the close of the  public comment
        period.  The Administrator shall notify the applicant in
        writing of his approval, conditional approval, or denial
        of the application, and shall set forth his reasons for
        conditional approval or denial.   Such notification  shall
        be made available for public  inspection in  at least one
        location  in the region  in which  the source  would be lo-
        cated.
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          (vi)    The Administrator may extend each of the time periods
                 specified in paragraph  (e) (1) (ii), (iv), or (v) of this
                 section by no more than 30 days or such other period as
                 agreed to by the applicant and the Administrator.

     (2)   Any owner or operator who constructs, modifies, or operates a
          stationary source not in accordance with the application, as ap-
          proved and conditioned by the Administrator, or any owner or op-
          erator of a stationary source subject to this  paragraph who com-
          mences construction or modification after June 1, 1975, without
          applying for and receiving approval hereunder, shall be subject
          to enforcement action under section 113 of the Act.

     (3)   Approval to construct or modify shall become invalid if construc-
          tion  or expansion is not commenced within 18 months after receipt
          of such approval or if construction is discontinued for a period
          of 18 months or more.  The Administrator may extend such time  pe-
          riod  upon a satisfactory showing  that an extension is justified.

     (4)   Approval to construct or modify shall not relieve any owner or
          operator of the responsibility  to comply with  the control strat-
          egy and all local, State, and Federal regulations which are part
          of the applicable State  Implementation Plan.

(f)   Delegation of authority

     (1)   The Administrator shall  have the  authority to  delegate responsi-
          bility for  implementing  the procedures for conducting source  re-
          view  pursuant  to paragraphs  (d) and  (e), in accordance with sub-
          paragraphs  (2),  (3), and  (4) of this paragraph.

     (2)   Where the Administrator  delegates the responsibility for imple-
          menting the procedures for conducting source review pursuant  to
          this  section  to any Agency, other than a regional office of the
          Environmental  Protection Agency,  the following provisions shall
          apply:

          (i)     Where  the agency designated  is not an  air pollution con-
                 trol  agency, such agency  shall consult with the appropri-
                 ate State and  local air pollution control agency prior to
                 making any determination  required by paragraph (d) of
                  this  section.  Similarly, where  the agency designated
                 does  not  have  continuing  responsibilities for managing
                  land  use,  such agency  shall  consult with the appropriate
                  State and  local  agency  which  is  primarily responsible for
                  managing  land  use prior to making any  determination re-
                  quired by  paragraph  (d) of this  section.

          (ii)     A copy of the  notice pursuant to paragraph  (e) (1)  (ii)
                  (c)  of this  section  shall be  sent to the Administrator
                  through the  appropriate regional office.
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(3)   In accordance with Executive Order 11752,  the  Administrator's
     authority for implementing the procedures  for  conducting  source
     review pursuant to this  section shall  not  be delegated, other  than
     to a regional office of  the Environmental  Protection  Agency, for
     new or modified sources  which are  owned  or operated by  the  Federal
     government or for new or modified  sources  located  on  Federal lands;
     except that,  with respect to the latter  category,  where new or
     modified sources are constructed or operated on  Federal lands  pur-
     suant to leasing or other Federal  agreements,  the  Federal land
     Manager may at his discretion, to  the  extent permissible  under ap-
     plicable statutes and regulations, require the lessee or  permittee
     to be subject to a designated State or local agency's procedures
     developed pursuant to paragraphs (d) and (e) of  this  section.

(4)   The Administrator's authority for  implementing the procedures  for
     conducting source review pursuant  to this  section  shall not be re-
     delegated, other than to a regional  office of  the  Environmental
     Protection Agency, for new or modified sources which  are  located
     on Indian reservations except where the  State  has  assumed juris-
     diction over such land under other laws, in which  case  the  Admin-
     istrator may delegate his authority to the States  in  accordance
     with subparagraphs (2),  (3), and (4) of  this paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan.  16,  1975, as
      amended at 40 FR 24535, June 9, 1975;  40 FR  25005,  June 12,
      2975;  40 FR 42012, Sept. 10, 1975)
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