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
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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.
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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
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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
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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.
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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
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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)
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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.
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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.
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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.
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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.
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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.
-------
(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
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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.
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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
0
'
PRIOR
-
i
,
TO FE9 II, \^7\^
ON OR
»
\
\
AFTER FES II, 1971 -^
'
*
2 12% cf
i S'OCk h
!'ae> •<
t Subj'o"
^rta'tr
l.gmttt
BASIS
tiQKy flol lirrdin
fiall no «(**illiOn
r 01 g»cd
5 10
i
i
\
i
STACK HEIGHT/
(FT) '
obove grgdt
"\ 1
*
\ \ 600
% V
\ \ 300 \
\ \ ! % \
\ V 225\ \
*I50
J°°\
r M
\ \ ^
\ \ 1
\ \
\ \
V \ \
\ %
\ \
V
\
\
\
\
\
\
V
\
\
\
\
\
1 3
1 0
9
e
7
6
e
4
3
1
50 100 500 1000 5000 10,000
3
h-
03
tr
UJ
a.
01
a
o
Q-
o
en
tn
3
a
TOTAL EQUIPMENT CAPACITY RATING
MILLION 8TU PER HOUR INPUT
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
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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
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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.
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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.
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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.
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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
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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.
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FEDERALLY PROMULGATED
REGULATIONS
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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.
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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
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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.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(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
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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.
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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
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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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