U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 293
Air Pollution Regulations in State
Implementation Plans: Utah
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
PB 290293
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-094
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Utah
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-094
3. RECIPIENT'S ACCESSION>N.
r 6 * ^ ~ "
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Utah
S. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOR(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/
Unclassified
21.
20. SECURITY CLASS (Thispage/
Unclassified
22.
CE _fJO,/MF
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-094
Air Pollution Regulations
in State Implementation Plans
Utah
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
-------
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-450/3-78-094
11
-------
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-
1 ate 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
-------
to the SIP and the date of the Federal Register in which the reyision
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 ars 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
-------
SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
UTAH
Subnrittal Date
5/18/72
9/13/72
7/10/75
Approval Date
5/31/72
5/14/73
4/27/77
Description
Clarification of Original
Regulations, Sections 3.5.1,
4.1
Section 1.3.3
Entire package: all regula-
tions renumbered. Some
changed, added, or deleted.
Sections 1.3, 1.4, 1.5, 1.6,
2.5
Note: Section 2.5 is dis-
approved. 3.5 is dis-
approved. 3.5 was
changed to 2.3 in the
7/10/75 submittal there-
fore 2.3 is disapproved.
Section Number
52.2325
52.2327
52.2328
52.2330
52.2334
52.2346
FEDERAL REGULATIONS
Description
Control Strategy: Sulfur Oxides
Compliance Schedules
Review of New or Modified Indirect Sources
Rules and Regulations: Particulate Matter
Review of New Sources and Modifications
Prevention of Significant Deterioration
-------
DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
-------
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
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)(2.0)
(2.0)
(2.0)
(13.0)
(5.0)
(2.0)
(2.0)
(50.0)(51.0)
(51.13)
(50.1.2)
(51.6)
(12.0)
(8.0)
(8.0)
(4.0)
(10.0)
State
Section
Number
Part I
1.2
1.3
1.4
1.5
1.6
1.7
Part II
2.1
2.2
2.4
2.6
Part III
3.1
Appendix A-Part 1
Appendix A-Part 2
Regulations
Title
Definitions and General Requirements
Air Pollution Prohibited
Air Quality Degradation Regulated
Periodic Reports of Emissions -
Availability of the Information
Variances Authorized
Notice of Intent to Construct
Required
Requirements of Pollution Control
Equipment Specified
Emission Standards
Open Burning
Visible Emissions
Sulfur Content of Fuels
Automobile Emissions
Emergency Controls
Air Pollution Emergency Episodes
National Ambient Air Standards
Federal Standards of Performance
Page
3
6
6
6
6
7
9
10
10
11
13
13
14
14
16
for New Stationary Source
17
VIII
-------
Federally Promulgated Regulations
Revised Standard Section
Subject Index Number Title Page
(50.2) 52.2325 Control Strategy 24
(6.0) 52.2327 Compliance Schedules 34
(10.0) 52.2328 Review of New or Modified Indirect
Sources 35
(50.1) 52.2330 Rules and Regulations; Particulate
Matter 45
(10.0) 52.2334 Review of New Sources and Modifica-
tions 53
(17.0) 52.2346 Prevention of Significant
Deterioration 58
IX
-------
UTAH STATE DIVISION OF HEALTH
AIR CONSERVATION REGULATIONS
FOREWARO
The Air Conservation Act and these Air Conservation Regulations constitute
the legal bases for control of air pollution sources in the State of Utah.
These Regulations have been adopted by the Utah Air Conservation Committee and
the Utah State Board of Health under authority of Section 26-24-5 and 26-15-5,
Utah Code Annotated, 1953, as amended.
These Regulations apply and will be enforced throughout the State of Utah,
whether adopted by local governments or not. They are recommended for adop-
tion in local jurisdictions where environmental specialists are available to
cooperate in implementing Regulation requirements.
These Regulations are designed to facilitate addition of new sections as they
are adopted. It is recognized that rapid growth of technical and scientific
knowledge coupled with knowledge acquired by experience will necessitate
revision of these Regulations from time to time.
Federal ambient and new source standards apply throughout the Nation and are
legally enforceable in Utah. Therefore, a summary of the Federal standards*
is included in Appendix A for convenience of reference.
The Committee and Board have interpreted their duties, as assigned by Legis-
lative Act, in the following language:
" (1) to determine the kinds and concentrations of pollutants in the
air, (2) to control the release of air pollutants to achieve a quality of air
that is not harmful to man, animals, or vegetation, or which creates property
damage, (3) to control man-caused air contamination which aggravates the
visibility problem to which Utah is periodically subjected due to natural mete-
orological phenomena, (4) whenever economically feasible, to reduce or eliminate
the production of pollutants which are a nuisance though not harmful to man,
animals or vegetation, (5) to establish an alert system enforcing curtailment
of activities of major pollution sources that are not amenable to permanent
control."
* The Utah Air Conservation Committee and the State Board of Health do not
necessarily agree with most of the specific limits selected for ambient standards
by the Federal Government. (Reference March 17, 1971 letter from the Executive
Secretary Utah Air Conservation Committee to Mr. William D. Ruckelshaus,
Administrator, Environmental Protection Agency.)
-1-
-------
The Committee has adopted the following air quality monitoring policy:
Determining ambient air pollutant concentrations is, at best, a complex operation
if meaningful and useful data are to be obtained. In mountainous terrain.
characteristic of most of Utah, the difficulties are particularly severe because
micrometeorological variables are superimposed upon the macrometeorological
situation and frequently predominate. Under these circumstances a valid
monitoring program for the State must be developed on at least one unchanging
base-line for reference, consisting of a network of permanently located stations
at strategic sites. On this premise, it is concluded that the State monitoring
system shall include an appropriate number of permanent stations capable of
continuously monitoring all of the pollutants of interest, augumented with semi-
permanent stations of a number and capability to assess air quality in any
location deemed necessary.
-2-
-------
UTAH STATE DIVISION OF HEALTH
AIR CONSERVATION REGULATIONS
PART I
(1-0) DEFINITIONS AND GENERAL REQUIREMENTS
(2.0)
1.1.1 Air contaminant means any particulate matter or any gas, vapor, sus-
pended solid or any combination thereof, excluding steam and water
vapors. (Section 26-24-2 (1) UCA, 1953, as amended)
1.1.2 Air contaminant source means any and all sources of emissinn of air
contaminants whether privately or publicly owned or operated (Sec-
tion 26-24-2 (2) UCA, 1953, as amended)
1.1.3 Air Pollution means the presence in the ambient air of one or more air
contaminants in such quantities and duration and under conditions and
circumstances, as is or tends to be injurious to human health or wel-
fare, animal or plant life or property or would unreasonably interfere
with the enjoyment of life or use of property, as determined by the
standards, rules and regulations adopted by the Air Conservation
Committee. (Section 26-24-2 (3) UCA, 1953, as amended)
1.1.4 Ambient air means the surrounding or outside air. (Section 26-24-2
(4) UCA, 1953, as amended)
1.1.5 Appropriate authority means the governing body of any city, town or
county.
1.1.6 Atmosphere means the air that envelops or surrounds the earth and
includes all spaces outside of building, stacks or exterior ducts.
1.1.7 Authorized local authority means a city, county, city-county, or dis-
trict health department; a city, county, or combination fire depart-
ment; or other local agency duly designated by appropriate authority,
with approval of the State Division of Health, as the agency to issue
permits for open burning and perform other appropriate functions under
regulations of the State Division of Health and other lawfully adopted
ordinances, codes or regulations not in conflict therewith.
1.1.8 Board means the Utah State Board of Health.
1.1.9 BTU means British Thermal Unit, the quantity of heat necessary to
raise the temperature of one pound of water one degree Fahrenheit.
1.1.10 Clearing index means a1 number indicating the predicted rate of clear-
ance of ground level pollutants from a given area. This number is
calculated by the National Weather Service, from daily measurements of
temperature lapse rates and wind speeds and directions from ground
level to 10,000 feet. (See appendix for further details)
-3-
-------
1.1.11 Committee means Utah Air Conservation Committee.*
1.1.12 Director means the Director of the Utah State Division of Health.*
1.1.13 Division means Utah State Division of Health.*
1.1.14 Executive Secretary means the executive secretary of the Committee.
(Section 26-24-2 (11) UCA, 1953, as amended)
1.1.15 Emission means the act of discharging, into the atmosphere, an air
contaminant or an effluent which contains or may contain an air con-
taminant; or the effluent so discharged into the atmosphere.
1.1.16 Existing installation means a plant, process, process equipment, or a
device, construction of which began prior to the effective date of any
regulation having application to it.
1.1.17 Facility means machinery, equipment, structures or any part or acces-
sories thereof, installed or acquired for the primary purpose of con-
trolling or disposing of air pollution. It does not include an air
conditioner, fan or other similar device for the comfort of personnel.
1.1.18 Garbage means all putrescible animal and vegetable matter resulting
from the handling, preparation, cooking and consumption of food,
including wastes attendant thereto.
1.1.19 Heavy fuel oil means a petro.sum product or similar material with a
boiling point higher than that of diesel fuel.
1.1.20 Household waste means any solid or liquid material normally generated
by a family in a residence in the course of ordinary day-to-day living,
including but not limited to garbage, paper products, rags, leaves
and garden trash.
1.1.21 Open burning means any burning of combustible materials resulting in
emission of products of combustion into open air without passage
through a chimney or stack.
1.1.22 Person means any individual, public or private corporation, partner-
ship, association, firm, trust, estate, the state or any department,
institution, bureau, or agency thereof, any municipal corporation,
county, city and county, or other political subdivision of the state,
or any other legal entity whatsoever which is recognized by the law
as being subject to rights and duties. (Section 26-24-2 (5) UCA,
1953, as amended)
1.1.23 Refuse means solid wastes, such as garbage and trash.
* See Section 26-24-2 UCA, 1953, as amended.
-4-
-------
1.1.24 Ringelmann Chart means the chart published by the U.S. Bureau of Mines
(Information Circular 7718) which illustrates graduated shades of
grey to black for use in determining the light obscuring capability
of particulate matter.
1.1.25 Salvage operation means any business, trade or industry engaged in
whole or part in salvaging or reclaiming any product or material,
including but not limited to metals, chemicals, shipping containers
or drums.
1.1.26 Total suspended particulate means any dispersed matter, collected by
the high volume sampler procedure.*
1.1.27 Trash means solids not considered to be highly flammable or explosive,
including, but not limited to clothing, rags, leather, plastic, rub-
ber, floor coverings, excelsior, tree leaves, yard trimmings and other
similar materials.
1.1.28 Waste means all solid, liquid or gaseous material, including, but not
limited to, garbage, trash, household refuse, construction or demo-
lition debris, or other refuse including that resulting from the
prosecution of any business trade or industry.
1.1.29 Equivalent opacity means the relationship of opaqueness or percent
obstruction of light to the Ringelmann chart for shades other than
black and is approximately equal to the following:
Equivalent Opacity (%) Ringelmann No.
20
40
60
80
100
1
2
3
4
5
1.1.30 LPG means liquid petroleum gas such as propane or butane.
1.1.31 Federal Ambient Air Standards means the allowable concentrations of
air pollutants in the ambient air specified by the Federal Government
and can be found in Title 40 Code of Federal Regulations, Part 50.
* Daily sampling as specified in Title 40 Code of Federal Regula-
tions Part 50 as published in the Fed. Reg. Vol. 36, No. 228,
Thurs. Mar. 25, 1971 pages 22384 - 22397
.. -5-
-------
(2.0) 1.2 Air Pollution Prohibited Emission of air contaminants in sufficient
quantities to cause ai^pollution as defined in paragraph 1.1.3 is
prohibited.*
(2.0) 1.3 Air Quality Degradation Regulated In areas of present high air qual-
ity where measured or estimated ambient levels of controllable pollu-
tants are below the levels specified by applicable standards, any
emission of pollutant to the ambient air must be shown to result in
pollution levels, as determined by appropriate evaluating procedures,
within applicable ambient air standards, and will be prohibited in
any case unless shown to be controlled to afford the highest efficien-
cies and the lowest discharge rates that are reasonable and practica-
ble as specified in Section 1.7, below.
(13.0) 1.4 Periodic Reports of Emissions - Availability of the Information The
owner or operator of any stationary air-contaminant source in Utah
shall furnish to the Committee the periodic reports required under
Subsection 26-24-5 (3) Utah Code Annotated, 1953, as amended, and any
other information as the Committee may deem necessary to determine
whether the source is in compliance with Utah and federal regulations
and standards. The information thus obtained will be correlated with
applicable emission standards or limitations and will be available to
the public during normal business hours at the appropriate office of
the Division.
(5.0) 1.5 Variances Authorized Variance from these regulations may be granted
by the Committee as provided by law (See Section 26-24-11 (5), UCA,
1953, as amended).
a. To permit continued operation of an air pollution source for the
time period involved in installing or constructing air pollution
control equipment in accordance with a compliance schedule negoti-
ated by the Exective Secretary and approved by the Committee.
b. To permit continued operation of an air pollution source where
there is no practicable means known or available for adequate
prevention, abatement, or control of the air pollutants involved.
Such a variance shall be only until the necessary means for pre-
vention, abatement, or control become known and available, subject
to the use of substitute or alternate measures the Committee may
prescribe.
c. To permit continued operation of an air pollution source where
the control measures, because of their extent or cost, must be
spread over a considerable period of time.
* The State Statute provides for penalties up to $50,000/day for
violation of State Statutes, Regulations, Rules or standards. (See
Section 26-24-13, UCA, 1953, as amended, for further details.)
..-6-
-------
Variance requests may be submitted by the owner or operator who is in
control of any plant, building, structure, establishment, process or
equipment.
(2.0) 1.6 Notice of Intent to Construct Required
1.6.1 Except for the exemptions listed herein, any person planning to con-
struct a new installation which will or might reasonably be expected
to become a source of air pollution or to make modification to an
existing installation which will or might reasonably be expected to
increase the amount or change the effect of, or the character of, air
contaminants discharged, so that such installation may be expected to
become a source of air pollution, or any person planning to install
an air cleaning device or other equipment intended to control emission
of air contaminants from a stationary source, shall submit to the
Executive Secretary a notice of intent to construct prior to initia-
tion of construction.
1.6.2 Within 15 days of receipt of such notice, the Executive Secretary may
require the submission of plans, specifications and such other infor-
mation as he deems necessary to determine whether the proposed con-
struction, installation, or establishment will be in accord with
applicable sections of Utah Air Conservation Regulations, Environmental
Protection Agency Regulations on Standards of Performance for New
Stationary Sources, and National Primary and Secondary Ambient Air
Quality Standards.
1.6.3 Within 90 days of receipt of plans, specifications and other informa-
tion required under this section, the Executive Secretary shall issue
an order prohibiting the proposed construction, installation or
establishment if he deems any part of it inadequate to meet pertinent
regulations including the Environmental Protection Agency Regulations
on National Primary and Secondary Ambient Air Quality Standards and
Standards of Performance for New Stationary Sources, or if he needs
more time, not to exceed three 30-day extensions, to review the pro-
posal .
1.6.4 Prior to approving or disapproving the construction of a new instal-
lation, the Executive Secretary will advertise notice of his intent to
approve or disapprove the construction in a newspaper of general cir-
culation in the locality of the proposed construction site. A 30-day
period will be allowed for submission of public comment; at least one
location will be provided where the information submitted by the owner
or operator and the State's analysis of the effect of the facility on
air quality will be available for public inspection. Any comments
received during the 30-day period will be considered before issuing
an approval notice or an order prohibiting the construction.
1.6.5 Whenever the Executive Secretary determines that the plans, specifi-
cations and other information submitted, with such revisions as he may
require, are in accord with applicable requirements, he will issue an
-7-
-------
approval order permitting the proposed construction, installation or
establishment, with the further stipulation that all such devices be
maintained in good working order. To accommodate stage construction
of a large facility, he may issue approval notice of an initial stage
prior to receipt of detailed plans for the entire facility provided
he is satisfied through a review of general plans that the facility
is feasible under the intent of these regulations. Subsequent detailed
plans will then be received and processed as prescribed in this sec-
ti on.
1.6.6 The following information should be submitted with the notice of con-
struction;
a. A description of the nature of the process(es) involved; the
nature, procedures for handling, and the quantities of raw
materials; the type and quantity of fuels employed; and the
nature and quantity of finished product.
b. Expected composition and physical characteristics of effluent
stream both before and after treatment by an air cleaning device,
including emission rate, volume, temperature, and concentration
of air contaminants.
c. Size, type, and performance characteristics of air cleaning
devices.
d. Location and elevation of the emission point and other factors
relating to dispersion and diffusion of the air contaminant in
the relation of the emission to nearby structures and window
openings, and other information necessary to appraise the possi-
ble effects of the effluent.
e. The location of planned sampling points and the tests to be made
of the completed installation by the owner when necessary to
ascertain compliance.
1.6.7 The following types of installations are exempt from the notice of
intent to construct requirement:
a. Comfort heating equipment, boilers, water heaters, air heaters,
and steam generators with a rated capacity of less than one mil-
lion BTU per hour.
b. Comfort ventilating systems.
c. Unit space heaters.
d. Vacuum cleaning systems used exclusively for commercial or resi-
dential housekeeping.
-8-
-------
e. Exhaust systems for controlling steam and heat which do not con-
tain combustion products.
f. Fuel-burning equipment using no other fuel than natural gas, or
LPG or other mixed gas distributed by a utility in accordance with
the rules of the Public Service Commission of the State of Utah,
unless there are emissions other than combustion gases.
(2.0) 1.7 Requirements of Pollution Control Equipment Specified
In all areas of the State, air pollution control equipment and proces-
ses shall be selected and operated so as to afford the highest effi-
ciencies and the lowest discharge rates that are reasonable and prac-
ticable. Reasonableness and practicability as determined by the Com-
mittee shall take into account, among other things, the concentration
and characteristics of the air contaminant in the gas stream, technical
feasibility for control, and cost benefit relationships.
-9-
-------
UTAH STATE DIVISION OF HEALTH
AIR CONSERVATION REGULATIONS
PART II
(50 0) EMISSION STANDARDS* (adopted by the Committee and Board after public
(5l!0) hearing)
(51.13) 2.1 Open Burning. (Original Effective date 3/5/69)
2.1.1 Community Waste Disposal - no open burning shall be done at sites used
for disposal of community trash, garbage and other wastes except as
authorized through a variance or as authorized for a specific period
of time by the Air Conservation Committee on the basis of justifiable
circumstances reviewed and weighed in terms of pollution effects and
other relevant considerations at appropriate hearing following writ-
ten application.
2.1.2 General Prohibitions - no person shall burn any trash, garbage or
other wastes, nor shall conduct any salvage operation by open burning
except in conformity with the provisions of Sections 2.1.3 and 2.1.4
below.
2.1.3 Permissible Burning - Without Permit - when not prohibited by other
laws or. by other officials having jurisdiction and provided that a
nuisance is not created, the following types of open burning are per-
missible without the necessity of securing a permit.
a. In devices for the primary purpose of preparing food such as out-
door grills and fireplaces.
b. Camp fires and fires used solely for recreational purposes where
such fires are under control of a responsible person.
c. Indoor fireplaces.
d. Properly operated industrial flares for combustion of flammable
gases.
e. Burning, on the premises, of combustible household wastes gener-
ated by occupants of dewllings of four family units or less in
those areas only where no public or duly licensed disposal service
is available.
* Sections 1.3 and 1.7 may require more stringent controls than
listed herein; in any event the requirements of Sections 1.3 and
1.7 must be net.
-10-
-------
2.1.4 Permissible Burning - With Permit - Exemptions - when not prohibited
by other laws or other officials having jurisdiction and when a nui-
sance is not created, the types of open burning listed as a, b, c, d
and e, below, are permissible; (1) under the terms of individual per-
mits issued by authorized local authority under a "clearing index"
system approved and coordinated by the Utah State Division of Health,
or (2) when specifically exempted by the Air Conservation Committee,
following written application and appropriate hearing. Application
under (2) may be made by a political subdivision of the State as well
as by an individual citizen.
a. Open burning of tree cuttings and slash in forest areas where the
cuttings accrue from pulping, lumbering and similar operations,
but excluding waste from sawmill operations such as sawdust and
scrap lumber.
b. Open burning of trees and brush within railroad and public road
rights-of-way provided that dirt is removed from stumps before
burning, and that tires, oil more dense than #2 fuel oil or other
materials which can cause severe air pollution are not used to
start fires or keep fires burning.
c. Open burning of solid or liquid fuels or structures for removal
of hazards or eyesores or for fireman training purposes when con-
ducted under the direct control and supervision of organized fire
departments.
d. Open burning, in remote areas, of highly explosive or other hazard-
ous materials, for which there is no other known practical method
of disposal.
e. Open burning for special purposes, or under unusual circumstances
when approved by the Division following formal request therefore.
(50.1.2) 2.2 Visible Emissions (Original Effective date 4/25/71)
2.2'.l Single sources of emission from existing installations except inciner-
ators and internal combustion engines shall be of a shade or density
no darker than a No. 2 Ringelmann Chart (40% black) or an equivalent
opacity except as provided in Section 2.2.6.
2.2.2 Single sources of emission from any incinerator or any other new instal-
lation except internal combustion engines shall be of a shade or den-
sity no darker than a No. 1 Ringelmann Chart (20% black) or an equiva-
lent opacity, except as provided in Section 2.2.6.
a. For the purposes of this Section, "new installation" shall mean a
plant, process or process equipment, construction of which began
following the effective date of the regulation concerned. A modi-
fied process unit or system shall be construed as a new installa-
tion if a physical change in, or change in the method of a process
unit or system, increases the amount of any air pollutant by such
.-11-
-------
unit or system or results in the emissions of any air pollutant
not previously emitted. An increase in either production rate or
hours of operation alone shall not be considered a change in meth-
od of operation.
2.2.3 No owner or operator of a gasoline powered vehicle shall allow, cause
or permit the emission of visible contaminants except for starting
motion no farther than 100 yards or for stationary operation not
exceeding 3 minutes in any hour.
2.2.4 Emissions from diesel engines manufactured after January 1, 1973 shall
be of a shade or density no darker than a No. 1 Ringelmann Chart (20%
black), or an equivalent opacity, except for starting motion no far-
ther than 100 yards or for stationary operation not exceeding 3 min-
utes in any hour.
2.2.5 Emissions from diesel engines manufactured before January 1, 1973
shall be of a shade or density no darker than a No. 2 Ringelmann Chart
(40% black), or equivalent opacity, except for starting motion no far-
ther than 100 yards or for stationary operation not exceeding 3 min-
utes in any hour.
2.2.6 Exceptions
a. Excessive emissions resulting from the unavoidable break-down of
equipment or procedures must be reported immediately (within 24
hours) to the Executive Secretary. Within five days of the begin-
ning of such an incident, a written report shall be submitted to
the Executive Secretary which shall include the cause and nature
of the event, estimated quantity of pollutant, time of emissions,
and steps taken to control the emission and to prevent recurrence.
Such emission shall not be deemed in violation providing this
report is considered acceptable to the Executive Secretary. If
such emissions are predictable, they are covered by the variance
procedure.
b. When conducting a procedure or using equipment necessary to the
operation of a process other than planned maintenance such as, but
not limited to, building a new fire, tube blowing, initial warm-up
or start-up locomotives, or cleaning grates, the limits specified
in these regulations may be exceeded when it can be demonstrated
to be unavoidable.
Emissions exceeding the standard as the result of planned mainten-
ance on an air cleaning unit shall not be deemed a violation pro-
vided the Executive Secretary is notified prior to the shut-down
of the control unit and he determines that simultaneous shut-down
of the air pollution source is not practical.
c. For all other excessive emissions the variance procedure may be
employed.
.-12-
-------
d. An emission failing to meet the standard because of the effect of
uncombined water shall not be in violation.
2.2.7 Compliance Method - emissions shall be brought into compliance with
these requirements by reduction of the total weight of contaminants
discharged per unit of time rather than by dilution of emissions with
clean air.
(51.6) 2.4 Sulfur Content of Fuels (Original Effective date 9/26/71)
2.4.1 Coal or oil burned in any fuel burning or process installation shall
contain no more than 1.0% sulfur by weight or 1.5% sulfur by weight,
respectively,* except as provided in Section 2.4.2.
2.4.2 Any person engaged in operating fuel burning equipment using coal or
fuel oil, may apply for an exemption from the sulfur content restric-
tions of Section 2.4.1. His application shall furnish evidence, to
the satisfaction of the Executive Secretary, that the fuel burning
equipment is operating in such a manner as to prevent the emission of
sulfur dioxide in amounts greater than would be produced under the
limitations of Section 2.4.1. Control apparatus to continuously pre-
vent the emission of sulfur greater than provided by Section 2.4.1
must be specified in the application for an exemption.
2.4.3 In case an exemption is granted, the operator shall install monitoring
devices approved by the Executive Secretary. The operator shall pro-
vide the Executive Secretary with a monthly summary of the data from
such monitors. This summary shall be such as to show the degree of
compliance with Section 2.4.1. It shall be submitted no later than
the calendar month succeeding its recording.
2.4.4 Methods for determining sulfur content of coal and fuel oil shall be
those methods of the American Society for Testing and Materials.
(12.0) 2.6 Automobile Emissions
2.6.1 Automobile Emission Control Devices (Original Effective Date 1/23/72)
Any person owning or operating any motor vehicle or motor vehicle engine
registered in the State of Utah on which is installed or incorporated
a system or device for the control of crankcase emissions or exhaust
emissions in compliance with the Federal motor vehicle rules, shall
maintain the system or device in operable condition and shall use it at
all times that the motor vehicle or motor vehicle engine is operated.
No person shall remove or make inoperable within the State of Utah the
system or device or any part thereof, except for the purpose of instal-
ling another system or device, or part thereof, which is equally or
more effective in reducing atmospheric emissions from the vehicle.
* Coal containing 1.0% sulfur and oil containing 1.5% sulfur have
approximately the same atmospheric SO potential per million BTUs
of heat production. Any combination of fuels not exceeding this
potential will be acceptable.
-13-
-------
UTAH STATE DIVISION OF HEALTH
AIR CONSERVATION REGULATIONS
PART III
(8.0) EMERGENCY CONTROLS* (Adopted by the Committee and Board after public hearing)'- •"
(8.0) 3.1 Air Pollution Emergency Episodes (Effective date 1/23/72)
3.1.1 Determination of an episode and its extent or stage shall be made by
the Executive Secretary taking into consideration the following levels
of pollutant concentrations:
Pollutant
Parti culate (ug/m3)^2^
Parti cul ate (COM units)^
Sulfur Oxides (ppm)*- -*
Product of Parti cul ate and-
Sulfur Oxide, both in ug/m
Product of Parti culate
expressed in COH units
and Sulfur Oxide
expressed in ppm
Carbon Monoxide (ppm)
Nitrogen dioxide (ppm)
Oxidants (ppm)
Ambient Pollutant Concentration
Time
24 hours
24 hours
24 hours
24 hours
1 hour
4 hours
8 hours
1 hour
24 hours
1 hour
2 hours
4 hours
24 hours
Stage I
500
0.5
300,000
80
30
1.0
0.3
0.3
0.1
Stage II
800
0.8
450,000
40
1.4**
0.4
0.5**
0.2
Never to be Exceeded^
1000
8
1.0
490,000
1.5
125
75
50
2.0
0.5
0.7
0.6
0.4
-14-
-------
[1] The levels listed under "Stage I" and Stage II" are values set by the
State; the values under the "Never to be Exceeded" column are Federal
requirements applicable throughout the United States.
F21 3
L J ug/m is micrograms per cubic meter
*• ••" OCH unit is a measure of the light obscuring capability of sampled air.
f4l
ppm is parts per million.
* A more detailed description of the Emergency Episode procedures is
contained in the Utah Implementation Plan.
** These Standards were inserted as an interpretation and submitted on
May 18, 1972.
3.1.2 The Executive Secretary shall also take into consideration, to determine
an episode and its extent, rate of change of concentration, meteorological
forecasts, and the geographical area of the episode, including a consider-
ation of point and area sources of emission, where applicable.
3.1.3. If an episode is determined to exist, the Director, with concurrence of
the Governor shall:
(a) Make public announcements pertaining to the existence, extent and
area of the episode.
(b) Require corrective measures as necessary to prevent a further
deterioration of air quality.
3.1.4 Episode termination shall be announced by the Director, with concurrence
of the Governor, once monitored pollutant concentration data and meteor-
ological forecasts determine the crisis is over.
-15-
-------
APPENDIX A
(4.0) Part I - National Ambient Air Standards*
A. Participate
1. National Primary Ambient Air Standard for Participate - 75 micro-
grams per cubic meter of air, annual geometric mean; and 260 micro-
grams per cubic meter of air, maximum 24-hour concentration not to
be exceeded more than once per year.
2. National Secondary Ambient Air Standard for Particulate - 60 micro-
grams per cubic meter of air, annual geometric mean, as a guide to
be used in assessing implementation plans to achieve the 24-hour
standard; and 150 micrograms per cubic meter, maximum 24-hour
concentration not to be exceeded more than once per year.
B. Sulfur Oxides
1. National Primary Ambient Air Standard for Sulfur Oxides (sulfur
dioxide) - The national primary ambient air quality standards for
sulfur oxides, measured as sulfur dioxide by the reference methods
described in 40 CFR, Part 50, Appendix A, or by an equivalent
method, are:
(a) 80 micrograms per cubic meter (0.03 ppm) - annual arithmetic
mean.
(b) 365 micrograms per cubic meter (0.14 ppm) - maximum 24-hour
concentration not to be exceeded more than once per year.
2. National Secondary Ambient Air Quality Standard for Sulfur Oxides
(sulfur dioxide) - The national secondary ambient air quality
standard for sulfur oxides, measured as sulfur dioxide by the
reference method described in 40 CFR, Part 50, Appendix A, or by
an equivalent method, is 1,300 micrograms per cubic meter (.15 ppm)
maximum 3-hour concentration not to be exceeded more than once per
year.
C. Carbon Monoxide
1. National Primary and Secondary Ambient Air Standard for Carbon
Monoxide - 9 ppm maximum 8-hour concentration not to be exceeded
more than once per year; and 35 ppm maximum 1-hour concentration
not to be exceeded more than once per year.
National Ambient Air Standards are found in Title 40, Code of Federal
Regulations, Part 50. Measurement of standards are by methods stated in above
publication and are to be corrected to a reference temperature of 25° C and a
reference pressure of 760 millimeters or mercury.
-16-'
-------
D. Photochemical Oxidants
1. National Primary and Secondary Ambient Air Standard for Photo-
chemical Oxidants - .08 ppm maximum 1-hour concentration not to be
exceeded more than once per year.
E. Hydrocarbons
1. National Primary and Secondary Ambient Air Standard for Hydrocarbons
The hydrocarbon standard is for use as a guide in devising imple-
mentation plans to achieve oxidant standards and is .24 ppm maximum
3-hour concentration (6 to 9 A.M.) not to be exceeded more than
once per year.
F. Nitrogen Oxides
1. National Primary and Secondary Ambient Air Standard for Nitrogen
Oxides - .05 ppm annual arithmetic mean measured as nitrogen
dioxide.
(10.0) Part II - Federal Standards of Performance for New Stationary Sources
A. Standards of Performance for Fossil-Fuel Fired Steam Generators
1. Standard for Particulate Matter - emission of particulate matter
shall not exceed 0.18 grains per million calories heat input (0.10
Ibs. per million BTU) derived from fossil fuel.
2. Standard for Sulfur Dioxide - emission of sulfur dioxide shall not
be in excess of (a) 1.4 grains per million calories heat input
(0.80 Ibs. per million BTU) derived from liquid fossil fuel (b) 2.2
grains per million calories heat input (1.2 Ibs. per million BTU)
derived from solid fossil fuel (c) when different fossil fuels
are burned simultaneously in any combination the applicable standard
shall be determined by proration using the following formula:
y (1.4) + a (2.2)
y + z
where:
y = the percentage of total heat input
derived from liquid fossil fuel.
z = the percentage of total heat input
derived from solid fossil fuel.
(d) compliance shall be based on total heat input from all fossil
fuels burned, including gaseous fuels.
3. Standard for Nitrogen Oxides - no emission of nitrous oxides,
expressed as NOj, shall be in excess of: (a) .036 grains per
.-17-
-------
million calories of heat input (0.20 Ibs. per million BTU) derived
from gaseous fossil fuel (b) 0.54 grains per million calories of
heat input (0.30 Ibs. per million BTU) derived from liquid fossil
fuel (c) 1.26 grains per million calories heat input (0.70 Ibs. per
million BTU) derived from solid fossil fuel (except lignite) (d)
when different fossil fuels are burned simultaneously in any
combination, the applicable standard shall be determined by pro-
ration using the following formula:
x (.036) + y (0.54) + z (1.26)
x + y + z
where:
x = the percentage of total heat input derived
from gaseous fossil fuel.
y = the percentage of total heat input
derived from liquid fossil fuel.
z = the percentage of total heat input
derived from solid fossil fuel
(except lignite).
B. Standards of Performance for Incinerators (Charging rate greater
than 50 tons per day)
1. Standard for Particulate Matter - paniculate emissions shall
not exceed 0.18 g/dscm (0.08 gr/dscf) corrected to 12% C02*.
C. Standards of Performance for Portland Cement Plants
1. Standard for Particulate Matter - (a) particulate emissions
from any kiln shall not exceed: (1) 0.15 kg per metric ton of
feed (dry basis) to the kiln (0.30 Ibs. per ton), (2) 10
percent opacity (excluding the presence of uncombined water)
(b) particulate emissions from any clinker cooler shall not
exceed: (1) 0.050 kg per metric ton of feed (dry basis) to the
kiln (0.10 Ibs. per ton), (2) 10 percent opacity (excluding the
presence of uncombined water) (c) no emissions of any gases may
be discharged into the atmosphere from any affected facility
other than the kiln or clinker cooler which exhibit 10% opacity
or greater, (excluding the presence of uncombined water).
*Methods for calculating the adjusted (#2 percentage are
contained in Title 40 CFR, Part 60, Subpart E, paragraph
60.54.
-18-
-------
D. Standards of Performance for Nitric Acid Plants
1. Standards for Nitrogen Oxides - emissions of nitrogen oxides,
expressed as NO? shall not exceed: (a) 1.5 kg per metric ton
of acid produced (3.0 Ibs. per ton), the production being
expressed as 100 percent nitric acid (b) 10% opacity (excluding
the effects of uncombined water).
E. Standards of Performance for Sulfuric Acid Plants
1. Standards for Sulfur Dioxide - no emissions of sulfur dioxide
shall exceed:(a) 2 kg per metric ton of acid produced (4 Ibs.
per ton) the production being expressed as 100 percent HLSO^.
2. Standards for Acid Mist - no emissions of acid mist, expressed
as H^SOd shall exceed: (a) 0.075 kg per metric ton of acid
produced (0.15 Ibs. per ton) the production being expressed as
100% ^SO^, (b) 10% opacity or greater (excluding the effect
of uncombined water).
F. Standard of Performance for Asphalt Concrete Plants
1. Standard for Particulate Matter - particulate emissions shall
not exceed: (a) 90 mg/dscm (0.04 gr/dscf) (b) 20% opacity
(excluding the effect of uncombined water).
G. Standards for Performance of Petroleum Refineries
1. Standard for Particulate Matter - (a) no emissions of parti-
culate matter from any fluid catalytic cracking unit catalyst
regenerator or from any fluid catalytic cracking unit inciner-
ator-waste heat boiler shall exceed: (1) 1.0 kg/1000 kg
(1.0 Ibs./1000 Ibs.) of coke burn-off in the catalyst regener-
ator, (2) 30 percent opacity or greater, except for 3 minutes
in any 1 hour (excluding the effects of uncombined water) (b)
in those instances in which auxiliary liquid or solid fossil
fuels are burned in the fluid catalytic cracking unit inciner-
ator waste heat boiler, particulate matter in excess of that
permitted in paragraph (1) (a) of this section may be emitted
to the atmosphere, except that the incremental rate of
particulate emissions shall not exceed 0.18 g/million calories
(0.10 Ibs./million BTU) of heat input attributable to such
liquid or solid fuel.
2. Standard for Carbon Monoxide - no emission of carbon monoxide
from a fluid catalytic cracking unit catalyst regenerator shall
exceed: (a) 0.050 percent by volume.
3. Standard for Sulfur Dioxide - no fuel gas may be burned in any
fuel gas combustion device which contains t^S in excess of:
(a) 230 mg/dscm (0.10 gr/dscf), except as provided in paragraph
..-19-
-------
(b) below. The combustion of process upset gas in a flare, or
the combustion in a flare of process gas or fuel gas which is
released to the flare as a result of relief valve leakage, is
exempt from this paragraph, (b) the owner or operator of a
petroleum refinery may elect to treat the gases resulting from
the combustion of fuel gas in a manner which limits the release
of SOp to the atmosphere if it is shown to the satisfaction of
the Administrator that this prevents S02 emissions as effectively
as compliance with the requirements of paragraph (a) above.
H. Standards of Performance for Storage Vessels for Petroleum Liquids
1. Standard for Hydrocarbons - petroleum liquids shall be stored
as follows:(a) if true vapor pressure of the petroleum liquid,
as stored, is equal to or greater than 78 mm Hg (1.5 psia) but
not greater than 570 mm Hg (11.1 psia), the storage vessel shall
be equipped with a floating roof, a vapor recovery system, or
their equivalents, (b) if the true vapor pressure of petroleum
liquid is greater than 570 mm Hg (11.1 PSIA), the storage vessel
shall be equipped with a vapor recovery system or its equivalent.
I. Standards of Performance for Secondary Lead Smelters and Secondary
Brass and Bronze Ingot Production Plants
1. Standard for Particulate Matter - la) no emission of parti-
culate matter from a blast (cupola) or reverberatory furnace
shall exceed: (1) 50 mg/dscm (0.022 gr/dscf), (2) 20% opacity
(excluding the effects of uncombined water) (b) emissions of
particulate matter from any pot furnace shall not exceed: (1)
10 percent opacity (excluding the effects of uncombined water).
J. Standards of Performance for Secondary Brass and Bronze Ingot
Production Plants
1. Standard for Particulate Matter - (a) no particulate emissions
from a reverberatory furnace shall exceed: (1) 50 mg/dscm
(0.022 gr/dscf), (2) 20 percent opacity (excluding the effects
of uncombined water) (b) no particulate emissions from any
blast (cupola) or electric furnace shall exceed: (1) 10 percent
opacity (excluding the effects of uncombined water).
K. Standards of Performance for Iron and Steel Mills
1. Standards of Performance for Particulate Matter - emissions of
particulate matter shall not exceed:(a) 50 mg/dscm (0.022
gr/dscf).
L. Standards of Performance for Sewage Treatment Plants
1. Standards for Particulate Matter - particulate emissions from
any sewage sludge incinerator shall not exceed: (a) 0.65 g/kg
dry sludge input (1.30 Ibs./ton dry sludge input) (b) 20 percent
opacity (excluding the effects of uncombined water).
-20-
-------
APPENDIX B
Utah uses a "Clearing Index" as a determining factor in granting permission for
certain classes of open burning. The clearing index is directly related to
atmospheric stability, indicating periods of ambient pollutant increase. The
critical value has been found to be 500; lower values indicate atmospheric
stagnation.
Under stable meteorological conditions (including temperature inversions),
normal dispersion of pollutants emitted to the atmosphere is markedly diminished.
In the Wasatch Front (Provo to Ogden), inversions occur almost daily. In the
period March through October, stable atmospheric conditions build only during
evening and night; during the daytime, surface heating normally causes the air
to become unstable thus dispersing pollutants through a deep layer of the
atmosphere and consequently decreasing any pollution concentrations to insig-
nificant levels. In the period November through February, cold air drainage
from the mountains into the valleys sometimes causes deep temperature inversions
to exist for periods up to three weeks without interruption. During such con-
ditions, visibility decreases because of the formation of fog aggravated by
increased particulate concentration.
Photochemical smog (the eye irritant characteristic of Los Angeles inversions)
is caused by the interaction of certain organic pollutants with oxidizing
pollutants and ultra violet light from the sun. These eye irritants are not
a problem in Utah for two reasons: (a) the only time concentrations of organic
and oxidizing pollutants could reach levels sufficient to form photochemical
smog is under a severe prolonged inversion (which occur only in winter in Utah)
(b) in the winter, insolation is of such short duration and at such an acute
angle that very little photochemical reaction results. This is the exact
opposite to the Los Angeles situation in which the inversions caused by the
sea breeze trap the photochemical oxidants which are then acted upon by the
high altitude and long duration summer sun.
An example of the method of calculation of the clearing index is diagra-
matically shown on the following page.
-21-
-------
9/26/74
CLEARING INDEX
(SAM)
WIND SPEEDS
14 6000'
12
10 4000'
A
8
|
6 2000'
5
3 KNOTS SURFACE
HORNING SOUNDING
'X —
\
\
\
V
V
V
\
\
\
\
\
X
\
x
DRY ADIABATIC »
LAPSE RATE *
\
\
\ TOP OF
\ *
\
\ ''
s
V '
,' ^ "A"
/• . f DEPTH
,' \ J (800ft)
-40° -30« -20° -10° 0° 10° 20° 30°
Temperature (°C)
"8" AVERAGE WIND"\
in >• 5*3 • 4 IC+S
MIXING OEPTHJ 2
''PREDICTED MAXIMUM
AFTERNOON TEMPERATURE
CLEARING INDEX = "A" x "B"« 800 x a » 33
Too" 100
Pri.-ted under appropriation Ha. 01-28-03
Approval No. 7500075
- -22-
-------
FEDERALLY PROMULGATED
REGULATIONS
-23-
-------
(50.2) 52.2325 Control strategy: Sulfur oxides.
(a) The requirements of 51.13 of this chapter are not met since the
plan does not provide an adequate control strategy to assure the
attainment and maintenance of the national standards for sulfur
oxides in the Wasatch Front Intrastate Region. Furthermore,
section 2.5 of the Utah Air Conservation Regulations is disap-
proved because it does not provide for attainment of the short-
term ambient standards for $03, is unenforceable, and allows the
utilization of a supplementary control system without requiring
the application of reasonably available control technology.
(b) The requirements of 51.13 of this chapter are not met since the
plan does not contain an adequate control strategy to provide
for the maintenance of the national standards for sulfur oxides
in the Utah portion of the Four Corners Interstate Region.
(c) Regulation for control of fugitive sulfur oxides emissions
(Wasatch Front Intrastate Region).
(1) The owner or operator of the Kennecott Copper Corporation
smelter located in Salt Lake County, Utah, in the Wasatch
Front Intrastate Region shall utilize best engineering tech-
niques for reducing escape of pollutants to the atmosphere
and to capture sulfur oxides emissions and vent them
through a stack or stacks. Such techniques shall include,
but not be limited to:
(i) Installing and operating primary hoods on each
active reactor,
(ii) Installing and operating primary and secondary hoods
on each active converter,
(iii) Maintaining all ducts, flues, and stacks in a leak-
free condition,
(iv) Maintaining all reactors and converters under nor-
mal operating conditions in such a fashion that out
leakage of gases to the air will be prevented to
the maximum extent possible,
(v) Wherever possible, ducting emissions through the
tallest stack or stacks serving the facility, and
(vi) Wherever possible, passing the effluent from all
hooding through the tallest stack or stacks serving
the facility.
-24-
-------
(2) (i) The owner or operator of the smelter subject to this
paragraph shall comply with the compliance schedule
specified below:
(a) December 15, 1975. Submit a final plan to the
Administrator for meeting the requirements of
paragraph (c) (1) of this section. Such plans
shall be subject to approval by the Admini-
strator.
(b) January 31, 1976. Let contracts or issue pur-
chase orders for emission capture systems.
(c) April 1, 1976. Institute on-site construction
and/or installation of emission capture equip-
ment.
(d) May 31, 1977. Complete on-site construction
and/or installation of emission capture system.
(e) July 31, 1977. Achieve final compliance with
the requirements of paragraph (c) (1) of this
section.
(ii) Any owner or operator of the smelter subject to this
paragraph may submit to the Administrator, no later
than thirty (30) days after the effective date of
this paragraph, a proposed alternative compliance
schedule. No such compliance schedule may provide
for final compliance after July 31, 1977. If
approved by the Administrator, such schedule shall
satisfy the compliance schedule requirements of this
subparagraph for the affected source.
(iii) The owner or operator of the smelter subject to the
requirements of this subparagraph shall certify to
the Administrator within five days after the dead-
line for each increment of progress, whether or not
the required increment of progress has been met.
(d) Regulation for control of sulfur oxides emissions (Wasatch Front
Intrastate RegionTi
(1) The owner or operator of the Kennecott Copper Corporation
smelter located in Salt Lake County, Utah, in the Wasatch
Front Intrastate Region shall not discharge or cause the
discharge of sulfur dioxide into the atmosphere in excess
of 6030 pounds per hour (2710 kg/hr) as determined by the
method specified in paragraph (d) (4) of this section. Such
limitation shall apply to the sum total of sulfur dioxide
-25-
-------
emissions from the smelter premises, but not including
uncaptured fugitive emissions and those emissions due solely
to the use of fuel for space heating or steam generation.
(2) (i) The owner or operator of the smelter subject to this
paragraph shall comply with the compliance schedule
specified below:
(a) December 15, 1975. Submit a final plan to the
Administrator for meeting the requirement of
subparagraph (1) of this paragraph. Such plan
shall be subject to approval by the Admini-
strator.
(b) January 31, 1976. Let contracts or issue pur-
chase orders for emission control systems and
process modifications.
(c) April 1, 1976. Initiate on-site construction
and/or installation of emission control system
and process change.
(d) May 31, 1977. Complete on-site construction
and/or installation of emission control system
and process change.
(e) July 31, 1977. Achieve final compliance with
the requirements of subparagraph (1) of this
paragraph.
(ii) The owner or operator of the smelter subject to the
requirements of this subparagraph shall certify to
the Administrator within five days after the dead-
line for each increment of progress, whether or not
the required increment of progress has been met.
(iii) Notice must be given to the Administrator at least
30 days prior to conducting a performance test to
afford him the opportunity to have an observer
present.
(iv) The owner or operator of the smelter subject to this
paragraph may submit to the Administrator, no later
than thirty (30) days after the effective date of
this paragraph, a proposed alternative compliance
schedule. No such compliance schedule may provide
for final compliance after the date for attainment
of national standards in the applicable implementa-
tion plan. If approved by the Administrator, such
-26-
-------
schedule shall satisfy the compliance schedule
requirements of this subparagraph for the affected
source.
(3) (i) The owner or operator of the smelter to which this
paragraph is applicable shall install, calibrate,
maintain, and operate a measurement system(s) for
continuously monitoring sulfur dioxide emissions
and stack gas volumetric flow rates in each stack
which emits 5 percent or more of the total poten-
tial (without emission controls) hourly sulfur
oxides emissions from the source. For the purpose
of this paragraph, "continuous monitoring" means
the taking and recording of at least one measure-
ment of sulfur dioxide concentration and stack gas
flow rate reading from the effluent of each affect-
ed stack, in each 15-minute period.
(ii) No later than May 31, 1977 and at such other times
in the future as the Administrator may specify the
sulfur dioxide concentration measurement system(s)
installed and used pursuant to this paragraph shall
be demonstrated to meet the measurement system per-
formance specifications prescribed in Appendix D to
this part.
(iii) No later than May 31, 1977 and at such other times
in the future as the Administrator may specify the
stack gas volumetric flow rate measurement system(s)
installed and used pursuant to this paragraph shall
be demonstrated to meet the measurement system per-
formance specifications prescribed in Appendix E to
this part.
(iv) The Administrator shall be notified at least 30
days in advance of the start of the field test per-
iod required in Appendices D and E to this part to
afford the Administrator the opportunity to have an
observer present.
(v) The sampling point for monitoring emissions shall
be in the duct at the centroid of the cross section
if the cross sectional area is less than 4.647 m2
(50 ft^) or at a point no closer to the wall than
0.914 m (3 ft) if the cross sectional area is 4.647
m2 (50 ft2) or more. The monitor sample point
shall be in. an area of small spatial concentration
gradient and shall be representative of the average
concentration of the duct.
-27-
-------
(vi) The measurement system(s) installed and used pur-
suant to this section shall be subjected to the
manufacturer's recommended zero adjustment and cal-
ibration at shorter intervals, in which case such
specifications or recommendations shall be followed.
Records of these procedures shall be made which
clearly show instrument readings before and after
zero adjustment and calibration.
(vii) Six-hour average sulfur dioxide emission rates shall
be calculated in accordance with paragraph (d) (4)
of this section, and recorded daily.
(viii) The owner or operator of the smelter subject to
this paragraph shall maintain a record of all mea-
surements required by this paragraph. Measurement
results shall be expressed as pounds of sulfur
dioxide emitted per six-hour period. A six-hour
average value calculated pursuant to paragraph (d)
(4) (i) of this section shall be reported as of
each hour for the preceding six-hour period. Re-
sults shall be summarized monthly and shall be sub-
mitted to the Administrator within 15 days after
the end of each month. A record of such measure-
ments shall b retained for at least two years
following the
-------
sulfur dioxide concentrations and stack gas
flow rate measurements (from the respective
affected facilities) recorded during the 15-
minute period or from the arithmetic average
of any number of sulfur dioxide concentration
and stack gas flow readings equally spaced
over the 15-minute period. In the latter
case, the same number of concentration read-
ings shall be taken in each 15-minute period
and shall be similarly spaced within each 15-
minute period.
(c) Calculate the arithmetic average (Ibs S02/hr)
from all 24 emission rate measurements in
each 6-hour period for each stack.
(d) Total the average sulfur dioxide emission
rates for all affected stacks.
(ii) Notwithstanding the requirements of paragraph (d)
(4) (i) of this section, compliance with the re-
quirements of paragraph (d) (1) of this section
shall also be determined by using the methods
described below at such times as may be specified
by the Administrator. For all stacks equipped with
the measurement system(s) required by subparagraph
(3) of this paragraph, a 6-hour average sulfur
dioxide emission rate (Ibs S02/hr) shall be deter-
mined as follows:
(a) The test of each stack emission rate shall be
conducted while the processing units vented
through such stack are operating at or above
the maximum rate at which they will be operated
and under such other relevant conditions as
the Administrator shall specify.
(b) Concentrations of sulfur dioxide in emissions
shall be determined by using Method 8 as
described in Part 60 of this chapter. The ana-
lytical and computational portions of Method 8
as they relate to determination of sulfuric
acid mist and sulfur trioxide as well as iso-
kinetic sampling may be omitted from the over-
all test procedure.
(c) Three independent sets of measurements of sul-
fur dioxide concentrations and stack gas volum-
etric flow rates shall be conducted during
three 6-hour periods for each stack. Each 6-
hour period will consist of three consecutive
-29-
-------
2-hour tests. Measurements need not necessar-
ily be conducted simultaneously of emissions
from all stacks on the smelter premises. All
tests must be completed within a 72-hour per-
iod.
(d) In using Method 8, traversing shall be con-
ducted according to Method 1 as described in
Part 60 of this chapter. The minimum sampling
volume for each 2-hour test shall be 40 ft3
corrected to standard conditions, dry basis.
(e) The volumetric flow rate of the total effluent
from each stack evaluated shall be determined
by using Method 2 as described in Part 60 of
this chapter and traversing according to Meth-
od 1. Gas analysis shall be performed by
using the integrated sample technique of Meth-
od 3 as described in Part 60 of this chapter.
Moisture content shall be determined by use of
Method 4 as described in Part 60 of this chap-
ter.
(f) The gas sample shall be extracted at a rate
proportional to gas velocity at the sampling
point.
(g) For each 2-hour test, the sulfur dioxide emis-
sion rate for each stack shall be determined
by multiplying the stack gas volumetric flow
rate (ft3/hr at standard conditions, dry basis)
by the sulfur dioxide concentration (lb/ft3 at
standard conditions, dry basis). The emission
rate in Ibs/hr for each stack is determined by
calculating the arithmetic average of three
independent 6-hour periods, each consisting of
three 2-hour tests.
(h) The sum total of sulfur dioxide emissions from
the smelter premises in Ibs/hr is determined by
adding together the emission rates (Ibs/hr)
from all stacks equipped with the measurement
systems required by subparagraph (3) of this
paragraph.
(iii) A violation of the requirements of paragraph (d) (1)
shall occur whenever the total sulfur dioxide emis-
sion rate determined according" to paragraph (d) (4)
(i) or (ii) of this section exceeds the sulfur diox-
ide emission rate specified in paragraph (d) (1) of
this section.
-30-
-------
(e) Compliance with emission standards; Reporting excess emissions
during periods of start-up, shutdown, and malfunction: Kennecott
smelter complex.
(1) The provisions of this paragraph are applicable to the Ken-
necott Copper Corporation located in Salt Lake County, Utah,
in the Wasatch Front Intrastate Air Quality Control Region.
(2) All terms used in this paragraph but not specifically de-
fined below shall have the meaning given them in the Clean
Air Act or Parts 51, 52, or 60 of this chapter,
(i) The term "excess emissions" means an emission rate
which exceeds any applicable emission limitation
prescribed by paragraph (d) of this section. The
averaging time and test procedures for determining
such excess emissions shall be as specified as part
of the applicable emission limitation.
(ii) The term "manfunction" means any sudden and una-
voidable failure of air pollution control equipment
or process equipment or a process to operate in a
normal and usual manner. Failures that are caused
entirely or vi part by poor maintenance, careless
operation, *.ny other preventable upset condition
or preventa.. ...• equipment breakdown shall not be
considered malfunctions.
(iii) The term "start-up" means the setting into opera-
tion of any air pollution control equipment or pro-
cess equipment for any purpose, except routine
phasing out of process equipment'.
(iv) The term "shutdown" means the cessation of opera-
tion of any air pollution control equipment or pro-
cess equipment for any purpose, except routine
phasing out of process equipment.
(v) The term "violation" means any incident of excess
emissions, regardless of the circumstances of the
occurrence.
(3) (i) In the case of excess emissions from the Kennecott
smelter for which the Administrator has issued a
Notice of Violation, the owner or operator of the
subject smelter may submit the following data in
order to assist the Administrator in carrying out
his statutory responsibility under section 113 of
the Clean Air Act to:
-31-
-------
(A) take into account, when issuing an administra-
tive order under section 113(a) (4), the
"seriousness of the violation and any good
faith efforts to comply" with paragraph (d)
of this section, or
(B) initiate a judicial action under section 113(b)
0) or (2) or section 113(c) (1) (A) or (B),
in appropriate circumstances.
(ii) Each submission shall include, as a minimum:
(A) The identity of the stack and/or other emission
point where the excess emissions occurred:
(B) The magnitude of the excess emissions expressed
in the units of the applicable emission limita-
tion and the operating data and calculations
used in determining the magnitude of the excess
emissions;
(C) The time and duration of the excess emissions;
(D) The identity of the equipment causing the
excess emissions;
(E) The nature and cause of such excess emissions;
(F) If the excess emissions were the result of a
malfunction, steps taken to remedy the mal-
function and the steps taken or planned to pre-
vent the recurrence of such malfunctions;
(G) The steps taken to limit the excess emissions;
and
(H) Documentation that the air pollution control
equipment, process equipment, or processes
were at all times maintained and operated, to
the maximum extent practicable, in a manner
consistent with good practice for minimizing
emissions.
(4) At any time, the owner or operator of the Kennecott smelter
has the right to submit data, information or reports to the
Administrator, including but not limited to the information
specified in paragraph (e) (2) (ii) above, in order to
assist the Administrator in carrying out his statutory
responsibilities under sections 113 and 303 of the Clean
Air Act.
-32-
-------
(5) The submittal of information pursuant to paragraphs (e) (3)
and (4) of this paragraph shall be used by the Administrator
in determining the nature of the violation, the need for
further enforcement action and the appropriate sanctions, if
any, under the provisions of the Clean Air Act.
(6) Nothing in this section shall be construed to limit the
obligation of the source to attain and maintain the nation-
al air quality standards for S02 nor the authority of the
Administrator to institute actions under sections 113 and
303 of the Clean Air Act or to exercise his authority under
section 114 of the Clean Air Act.
-33-
-------
(6.0) 52.2327 Compliance schedules.
(a) The requirements of 51.15 (a) (1) of this chapter are not met since
the control strategy for sulfur oxides in the Wasatch Front Intra-
state Region does not have a legally enforceable compliance schedule.
(b) Federal compliance schedule.
(1) Except as provided in paragraph (b) (2) of this section, the owner
or operator of any stationary source subject to 52.2330 (c) shall
. comply with such regulation on or before January 31, 1974. The
owner or operator of the source subject to 52.2330 (b) shall
comply with such regulation at initial startup of such source
unless a compliance schedule has been submitted pursuant to para-
graph (b) (2) of this section.
(i) Any owner or operator in compliance with 52.2339 (c) on the
effective date of this regulation shall certify such compli-
ance to the Administrator no later than 120 days following
the effective date of this paragraph.
(ii) Any owner or operator who achieves compliance with 52.2330
(b) or (c) after the effective date of this regulation shall
certify such compliance to the Administrator within 5 days
of the date compliance is achieved.
(2) Any owner or operator of a stationary source subject to paragraph
(b) (1) of this section may, no later than 120 days following the
effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compli-
ance with 52.2330 (b) or (c) (1) (i) as expeditiously as practic-
able but no later than July 31, 1975.
(3) The compliance schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement of such
increments shall be specified. Increments of progress shall in-
clude, but not be limited to: Submittal of the final control
plan to the Administrator; letting of necessary contracts of con-
struction or process change, or issuance of orders for the pur-
chase of component parts to accomplish emission control or pro-
cess modification; initiation of on-site construction or in-
stallation of emission control equipment or process modification;
and final compliance.
(4) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for
each increment of progress, certify to the Administrator whether
or not the required increment of the approved compliance schedule
has been met.
• -34-
-------
(10.0) 52.2328 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.
-35-
-------
(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
-36-
-------
(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.
-37-
-------
(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.
•-38-
-------
(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
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
--39-
-------
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-
ti on.
(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
..-40-
-------
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 sourca.
(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
..-41-
-------
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
--42-
-------
(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.
'-43-
-------
(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)
..-44-
-------
(50.1) 52.2330 Rules and regulations; Particulate matter.
(a) The requirements of 51.22 of this chapter are not met since sec-
tion 3.5 of the Utah Code of Air Conservation Regulations, per-
taining to particulate emissions from stationary sources, is not
legally enforceable and is therefore disapproved.
(b) Replacement for section 3.5 (Four Corners Interstate Region).
(1) The owner or operator of the fossil fuel-fired steam gener-
ating equipment designated as Unit 2 at the Huntington Can-
yon powerplant in the Utah portion of the Four Corners
Interstate Region (81.121 of this chapter) shall not dis-
charge or cause the discharge of particulate matter into
the atmosphere in excess of 0.075 Ibs. per 10° B.T.U.
(0.135 g. per million cal.) heat input.
(2) Compliance with this paragraph (b) shall be in accordance
with provision of 52.2327(b).
(3) The test methods and procedures used to determine compli-
ance with this paragraph (b) shall be those prescribed for
particulate matter in 60.46 of this chapter.
(c) Replacement for section 3.5 (Wasatch Front Intrastate Region) -
(1) Regulation for control of process sources.
(i) No owner or operator of any process source, except
open hearth furnaces, sintering plants, copper
smelting operations (reactors and converters) and
byproduct coke ovens, in the Wasatch Front Intra-
state Region (81.52 of this chapter) shall dis-
charge or cause the discharge of particulate matter
into the atmosphere in excess of the hourly rate
shown in the following table for the process weight
rate identified for each source.
-45-
-------
POUNDS PER HOUR
Process
weight Emission
rate rate
100 0.551
200 0.877
600 1.830
1,000 2.580
5,000 7.580
10,000 12.00
20,000 19.20
60,000 40.00
80,000 42.50
120,000 —46.30
160,000 49.00
200,000 51.20
1,000,000 69.00
2,000,000 77.60
(A) Interpolation of the data in the table for
process weight rates up to 60,000 Ib/h shall
be accomplished by use of the equation:
E=4.10P°'67 for F*3030 tons/h
Where:
E = Emissions in pounds per hour.
P = Process weight in tons per hour.
(B) Process weight is the total weight of all
materials and solid fuels introduced into any
specific process. Liquid and gaseous fuels
and combustion air will not be considered as
part of the process weight. For a cyclical or
batch operation, the process weight per hour
will be derived by dividing the total process
weight by the number of hours in one complete
operation from the beginning of any given pro-
cess to the completion thereof, excluding any
time during which the equipment is idle. For
a continuous operation, the process weight per
-46-
-------
hour will be derived by dividing the process
weight for a given period of time by the num-
ber of hours in that period.
(ii) No owner or operator of any open hearth furnace in
the Wasatch Front Intrastate Region shall discharge
or cause the discharge of particulate matter into
the atmosphere from such furnaces in excess of 0.027
grains per standard cubic foot of exhaust gas, max-
imum 8-hour average.
(A) The owner or operator of any open hearth fur-
nace subject to paragraph (c) (1) (ii) of this
section shall comply with the compliance sched-
ule specified below:
(1) October 1, 1974 - Submit a control plan
to the Administrator for meeting the
requirements of paragraph (c) (1) (ii) of
this section. Such plan shall be subject
to approval by the Administrator.
(2) November 1, 1974 - Let contracts or issue
purchase orders for emission control sys-
tems and/or process modifications.
(3) December 1, 1974 - Initiate on-site con-
struction and/or installation of emission
control equipment or process change.
(4) January 1, 1975 - Complete on-site con-
struction and/or installation of emission
control system or process change.
(5) March 1, 1975 - Achieve final compliance
with requirements of paragraph (c) (1)
(ii) of this section.
(B) The owner or operator of any open hearth fur-
nace subject to this paragraph may submit to
the Administrator, no later than thirty (30)
days after the effective date of this paragraph,
a proposed alternative compliance schedule. No
such compliance schedule may provide for final
compliance after July 31, 1975. If approved
by the Administrator, such schedule shall sat-
isfy the compliance schedule requirement of
this paragraph for the affected source..
(iii) No owner or operator of any sintering plant in the
Wasatch Front Intrastate Region shall discharge or
..-47-
-------
cause the discharge of particulate matter into the
atmosphere from such plant in excess of 0.035
grains per standard cubic foot of exhaust gas, max-
imum 2-hour average.
(A) The owner or operator of any sintering plant
subject to this paragraph shall comply with
the requirements of paragraph (c) (1) (iii)
within 30 days after the effective date of
this regulation.
(B) If the owner or operator of any sintering plant
subject to this paragraph cannot comply within
thirty (30) days after promulgation of this
regulation, he may submit to the Administrator,
no later than thirty (30) days after the
effective date of this paragraph, a proposed
alternative compliance schedule. No such com-
pliance schedule may provide for final compli-1
ance after July 31, 1975. If approved by the
Administrator, such schedule shall satisfy the
compliance schedule requirements of this para-
graph for the affected source.
(iv) No owner or operator of any copper smelting opera-
tion in the Wasatch Front Intrastate Region shall
discharge or cause the discharge of particulate
matter into the atmosphere from the stack or stacks
serving the reactor and converter operations in
excess of 1340 pounds per hour, maximum 6-hour aver-
age, or allow the escape of any fugitive particulate
matter emissions which can be captured and control-
led using best available techniques.
(A) The owner or operator of any smelter subject to
this paragraph shall comply with the compliance
schedule specified below:
(1) December 15, 1975 - Submit a final plan to
the Administrator for meeting the require-
ments of paragraph (c) (l).(iv) of this
section. Such a plan shall be subject to
approval by the Administrator.
(2) January 31, 1976 - Let contracts or issue
purchase orders for emission capture sys-
tems.
(3) April 1, 1976 - Initiate on-site construc-
tion and/or installation of emission cap-
ture equipment,
..-48-
-------
(4) May 31, 1977 - Complete on-site construc-
tion and/or installation of emission cap-
ture system.
(5) July 31, 1977 - Achieve final compliance
with the requirements of paragraph (c)
(1) (iv) of this section.
(2) Fuel burning sources: No owner or operator of any
stationary source in the Wasatch Front Intrastate Region
(81.52 of this chapter) shall discharge or cause the dis-
charge of particulate matter into the atmosphere from fuel-
burning equipment, with the exception of carbon monoxide
waste heat boilers, in excess of the rate set forth in the
following table:
Maximum allowable
emission of
Total rated capacity particulate matter
(106 BTU/h) (lb/106 BTU)
10 or less --0.60
100 0.42
1,000 0.29
10,000 or more 0.20
The allowable emission rate for equipment having an inter-
mediate total rated capacity between 10 MBTU and 10,000
MBTU/h may be determined by the formula:
A=0.87(T°-16
Where: A = The allowable emission rate in lb/1065 BTU
C = The total rated capacity in 106 BTU/h
(3) Incinerators: No person in the Wasatch Front Intrastate
Region (81.52 of this chapter) shall discharge or cause the
discharge of particulate matter into the atmosphere in
excess of 0.16 Ib (72.6 g) per 100 pounds (45.4 kg) of ref-
use charged, from any incinerator with a waste burning cap-
acity equal to or in excess of 10,000 Ib (4,500 kg) per
hour.
(i) Emission tests shall be conducted at the maximum
burning capacity of the incinerator.
(4) Byproduct coke ovens. No owner or operator of any byproduct
coke oven in the Wasatch Front Intrastate Region (81.52 of •
this chapter) shall operate any coke oven during the pushing
and charging operations in such a manner as to cause, permit
or allow the emissions of visible particulate matter except
-49-
-------
that visible emissions shall be allowed for a period or
periods aggregating no more than 35 seconds for each charg-
ing operation and 45 seconds for each pushing operation,
averaged over a period of any four consecutive hours for
each battery. The charging operation shall be observed
from the top side of the battery, downwind of the larry car
where all ports and hoppers can be clearly observed (approx-
imately 30 feet from the charging holes), The pushing oper-
ation shall be observed from immediately outside of the coke
wharf in front of the coke oven being pushed. This para-
graph does not exempt the pushing operations from compliance-
with section 3.2, Visible Emissions, Utah Code of Air Con-
servation Regulations which is part of the approved State
Implementation Plan.
(i) No owner or operator of any coke oven subject to
paragraph (c) (4) of this section shall discharge
or cause the discharge into the atmosphere of any
visible emissions except non-smoking flame, from
more than 5 percent each of the coke oven doors,
charging hole covers, and standpipes, and from more
than 10 percent each of the chuckdoors and elbow
covers. Compliance with this requirement shall be
determined by observations taken not less than 45
minutes apart from the top side of the battery for
the charging hole covers, standpipes and elbow
covers; from outside the coke wharf area for coke-
side doors; and from outside the pusher track area
for the pusher-side doors and the chuckdoors. Only
sources found to be discharging visible emissions
during two consecutive observations shall be counted
in determining violations.
(ii) No owner or operator of any coke oven subject to
paragraph (c) (4) of this section shall operate a
coke quenching tower unless such quenching tower is
equipped with interior baffles.
(iii) The owner or operator of any coke oven subject to
this paragraph shall comply with the requirements
of paragraph (c) (4) of this section within 30 days
after the effective date of this regulation.
(iv) If any owner or operator of the coke oven subject
to this paragraph can not comply within 30 days
after the effective date of this regulation, he may
submit to the Administrator, no later than thirty
(30) days after the effective date of this paragraph,
a proposed compliance schedule. No such compliance
schedule may provide for final compliance after July
31, 1975. If approved by the Administrator, such
-50-
-------
schedule shall satisfy the compliance schedule
requirements of this paragraph for the affected
source.
(5) The test methods and procedures used to determine compli-
ance with paragraph (c) (1) of this section are set forth
below. The methods referenced are contained in the appen-
dix to part 60 of this chapter. Equivalent methods and
procedures may be used if approved by the Administrator.
(i) For each sampling repetition, the average concen-
tration of particulate matter shall be determined
by using method 5, except that compliance with para-
graph (c) (1) (iv) of this section shall be deter-
mined by modifying method 5 to maintain a gas temp-
erature above the sulfuric acid dew point (320° F
minimum) at the exit end of the sampling probe and
to utilize 80 percent isopropanol as the reagent in
the first two impingers in place of water. Deter-
mination of the sulfuric acid mist concentration
(including sulfur trioxide) collected by this modi-
fied method shall be based on the procedures des-
cribed in method 8. Traversing during sampling by
method 5 shall be according to method 1. The mini-
mum sampling time shall be 2 hours and the minimum
sampling volume shall be 60 feet3 (1.170 m3) cor-
rected to standard conditions on a dry basis.
(ii) The volumetric flow rate of the total effluent shall
be determined by using method 2. Gas analysis shall
be performed using the integrated sample technique
of method 3, and moisture content shall be deter-
mined by the condenser technique of method 4.
(iii) All tests shall be conducted while the source is
operating at the maximum production or combustion
rate at which such source will be operated. During
the tests, the source shall burn fuels or combina-
tions of fuels, use raw materials, and maintain
process conditions representative of normal opera-
tion, and shall operate under such other relevant
conditions as the Administrator shall specify.
(6) The test methods and procedures used to determine compliance
with paragraph (c) (2) of this section shall be those pre-
scribed for particulate matter in 60.46 of this chapter.
(7) The test methods and procedures used to determine compliance
with paragraph (c) (3) of this section shall be those in
60.54 of this chapter.
-51-
-------
(8) The procedures used to determine compliance with this para-
graph are prescribed in method 9 in the appendix to Part 60
of this chapter.
(9) Compliance with this paragraph shall be in accordance with
52.2327(b).
-52-
-------
(10.0) 52.2334 Review of new sources and modifications.
(a) Regulation for review of new sources and modifications: Federal
Regulation.
(1) This requirement is applicable to any stationary source
subject to the requirements of 52.2330, the construction or
modification of which is commenced after the effective date
of this regulation.
(2) No owner or operator shall commence construction or modifi-
cation of any stationary source after the effective date of
this regulation without first obtaining approval from the
Administrator of the location and design of such source.
(i) Application for approval to construct or modify
shall be made on forms furnished by the Administra-
tor, or by other means prescribed by the Admini-
strator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site infor-
mation, plans, descriptions, specifications, and
drawings showing the design of the source, the
nature and amount of emissions, and the manner in
which it will be operated and controlled.
(v) Any additional information, plans, specifications,
evidence, or documentation that the Administrator
may require shall be furnished upon request.
(3) No approval to construct or modify will be granted unless
the applicant shows to the satisfaction of the Administrator
that the source will operate without causing a violation of
52.2330.
(4) (i) Within twenty (20) days after receipt of an applica-
tion to construct, or any addition to such applica-
tion, the Administrator shall advise the owner or
operator of any deficiency in the information sub-
mitted in support of the application. In the event
of such a deficiency, the date of receipt of the
application for the purpose of paragraph (a) (4)
(ii) of this section, shall be the date on which all
required information is received by the Administra-
tor.
-53-
-------
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the
source should be approved, approved with condi-
tions, or disapproved.
(b) Make available in at least one location in
each region in which the proposed source would
• be constructed, a copy of all materials sub-
mitted 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 Administrator 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 source would be
constructued, of the opportunity for written
public comment on the information submitted by
the owner or operator and the Administrator's
preliminary determination on the approvability
of the source.
(iii) A copy of the notice required pursuant to this sub-
paragraph shall be sent to the applicant and the
State and local air pollution control agencies,
having cognizance over the location where the source
will be situated.
(iv) Public comments submitted in writing within thirty
(30) days after the date such information is made
available shall be considered by the Administrator
in making his final decision on the application.
No later than ten (10) days after the close of the
public comment period, the applicant may submit a
written response to any comment submitted by the
public. The Administrator shall consider the appli-
cant's response in making his final decision. All
comments shall be made available for public inspec-
tion in at least one location in the region in
which the source would be located.
(v) The Administrator shall take final action on an
application within thirty (30) days after the close
of the public comment period. The Administrator
shall notify the applicant in writing of his approv-
al, conditional approval, or denial of the applica-
tion, and shall set forth his reasons for condition-
al approval or denial. Such notification shall be
..-54-
-------
made available for public inspection in at least
one location in the region in which the source
would be located.
(vi) The Administrator may extend each of the time per-
iods specified in paragraph (a) (4) (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.
(5) The Administrator may impose any reasonable conditions upon
an approval including conditions requiring the source to be
provided with:
(i) Sampling ports of a size, number, and location as
the Administrator may require.
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data,
and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction
is not begun within 2 years from the date of issuance, or
if during the construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this reg-
ulation shall furnish the Administrator written notification
as follows:
(i) A notification of the anticipated date of initial
startup of source not more than 60 days or less than
30 days prior to such date.
(ii) A notification of the actual date of initial startup
of a source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate
at which the source will be operated but not later than 180
days after initial startup of such source, the owner or
operator of such source shall conduct a performance test(s)
in accordance with the methods and under operating condi-
tions approved by the Administrator and furnish the Admini-
strator a written report of such performance test.
(i) Such test shall be at the expense of the owner or
operator.
-55-
-------
(ii) The Administrator may monitor such test and also
may conduct performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the perform-
ance test to afford the Administrator the opportun-
ity to have an observer present.
(iv) The Administrator may waive the requirement for
performance tests if the owner or operator of a
source has demonstrated by other means to the Admin-
istrator's satisfaction that the source is being
operated in compliance with the requirements of
52.2330.
(9) Approval to construct or modify shall not relieve the owner
or operator of the responsibility to comply with all local,
State, or Federal regulations which are part of the applic-
able plan.
(10) Any owner or operator who constructs, modifies, or operates
a stationary source not in accordance with the application,
as approved and conditioned by the Administrator, or any
owner or operator of a stationary source subject to this
paragraph who commences construction or modification with-
out applying for and receiving approval hereunder, shall be
subject to enforcement action under section 113 of the Act.
(b) Delegation of authority.
(1) The Administrator shall have the authority to delegate
responsibility for implementing the procedures for conduct-
ing source review pursuant to this section in accordance
with paragraphs (g) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review
pursuant to this section to any Agency, other than a Region-
al Office of the Environmental Protection Agency, a copy of
the notice pursuant to paragraph (a) (4) (iii) of this sec-
tion shall be sent to the Administrator through the appro-
priate Regional Office.
(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 dele-
gated, 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 source located on Federal lands; except that, with
-56-
-------
respect to the latter category, where new or modified
sources are constructed or operated on Federal lands pursu-
and to leasing or other Federal agreements, the Federal
Land Manager may at his discretion, to the extent permis-
sible under applicable statues and regulations require the
lessee or permittee to be subject to new source review re-
quirements which have been delegated to a State or local
agency pursuant to this paragraph.
(4) The Administrator's authority for implementing the proced-
ures for conducting source review pursuant to this section
shall not be redelegated, other than to a Regional Office
of the Environmental Protection Agency, for new or modified
sources which are located in Indian reservations except
where the State has assumed jurisdiction over such land
under other laws, in which case the Administrator may dele-
gate his authority to the States in accordance with para-
graphs (g) (2), (3) and (4) of this section.
-57-
-------
(17.0) 52.2346 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.
•-58-
-------
(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 td Concentrations' of parti 'cullate
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
•-59-
-------
(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
-60-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (11) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
—61-
-------
(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive and technical functions of the new source re-
view. The Administrator will carry out any required
enforcement action in cases where the State does not
have adequate legal authority to initiate such ac-
tions. The Administrator may waive the requirements
of paragraph (c) (3) (vi) (a) (3) if the State Attor-
ney-General has determined that the State cannot ac-
cept delegation of the administrative/technical func-
tions.
(vii) If the Administrator disapproves any proposed area desig-
nation under this subparagraph, the State, Federal Land
Manager or Indian Governing Body, as appropriate, may re-
submit the proposal after correcting the deficiencies
noted by the Administrator or reconsidering any area des-
ignation determined by the Administrator to be arbitrary
and capricious.
(d) Review of new, sources
(1) The provisions of this paragraph have been incorporated by refer-
ence into the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
-62-
-------
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:
- -63-
-------
(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
-64-
-------
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:
-65-
-------
(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.
-66-
-------
(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.
•-67-
-------
(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)
-68-
------- |