U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service
                                  PB-290  294
Air Pollution  Regulations in  State
Implementation  Plans:  Vermont
Abcor Inc, Wilmington, MA  Walden  Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                                29Q294
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-095
August 1978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Vermont
        REPRODUCED BY
        NATIONAL TECHNICAL

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

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-095
                             2.
             3. RECIPIENT'S ACCESSION>NO.
                PB
4. TITLE AND SUBTITLE
 Air Pollution  Regulations in State  Implementation
•Plans: Vermont
             5. REPORT DATE
               August  1978
             6. PERFORMING ORGANIZATION CODE
U
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
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (ThisReport!

   Unclassified	
                                                                         21.
                                              20. SECURITY CLASS (Thispage)

                                                 Unclassified
                                                                         22. PRICE
                                          HP
EPA Form 2220-1 (9-73)

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                                EPA-450/3-78-095
    Air Pollution Regulations
in  State  Implementation Plans
                   Vermont
                        by

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

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

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author  and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                    Publication No. EPA-450/3-78-095
                                  11

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

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

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

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

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

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

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                            SUMMARY SHEET
                                 OF_
                   EPA-APPROVED REGULATION CHANGES
                              VERMONT
Submittal Date
   1/29/72
   5/19/72

  11/30/73
    3/3/75

   7/19/76
Approval Date
   5/31/72
   5/31/72

   3/22/76
   1/21/76

    2/4/77
     Description
Plan Regs., Appendix B
Rule 5-412, 5-466, 5-467,
5-481, 5-486, 5-487, 5-488
Rule 5-231:2a, 2b
Rule 5-101:42, 5-103:5a,
5-231:3a(4)
Rule 5-221:lb, 5-231:2a,
2c, 3a(2), 5-303:3a
                          FEDERAL REGULATIONS
Section Number
   52.2374
   52.2377

   52.2380
Description
Public Availability of Emissions Data
Regulation for the Review of New and Modified
Indirect Sources
Regulation for the Prevention of Significant
Deterioration

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

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

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TABLE OF  CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(2.0)
(2.0)
(13.0)
(2.0)
(2.0)
(2.0)
(15.0)
(8.0)
(5.0)
(16.0)
(9.0)
(2.0)
(12.0)
(15.0)
(2.0)
(2.0)
(2.0)
(2.0)
Section
Number
351
352
353
354
355
356
357
358
359
360
361
362
364
365
366
367
368
369
370
371
STATE REGULATIONS
Title
Declaration of Policy and Purpose
Definitions
Agency and Board
Powers
Classification and Reporting
Additional' Contaminant Control
Measures
Inspections
Emission Control Requirements
Enforcement
Emergency Procedure
Variance
Hearings and Judicial Review
Local Air Pollution Control Programs
State and Federal Aid
Motor Vehicle Pollution
Penalties
Limitations
Exemption from Taxation
Construction With Other Laws
Exemption; Steam Locomotives and
Page
1
1
2
2
3
4
4
5
5
6
6
7
8
8
8
9
10
10
10
10
  Engines
  VIII

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AGENCY OF ENVIRONMENTAL CONSERVATION
ENVIRONMENTAL PROTECTION REGULATIONS
Revised Standard
Subject Index
(1.0)
(51.13)
(51.13)
(2.0)
(2.0)
(50.1.2)
(51.21)
(50.1)
(50.6)
(50.3)
(2.0)
(9.0)
(4.0)
(2.0)
(13.0)
(2.0)
(9.0)
(9.0)
(9.0)
(2.0)
Section
Number
5-101
5-201
5-202
5-203
5-204
5-211
5-221
5-231
5-241
5-251
5-301
5-302
5-303
5-401
5-402
5-403
5-404
5-405
5-406
5-407
Title
Definitions
Open Burning Prohibited
Permissible Open Burning
Exceptions
Exemption from Liability
Prohibition of Visible Air
Contaminants
Prohibition of Pollution Potential
Materials in Fuels
Prohibition of Parti cul ate Matter
Prohibition of Nuisance and Odor
Prohibition of Gaseous Air
Contaminants
Preamble
Air Monitoring
Standards
Industries Classified
Written Reports When Requested
Circumvention
Provisions of Sampling and
Testing Facilities
Required Air Monitoring
Testing Procedures
Additional Contaminant Control
Page
11
15
15
16
16
16
17
17
19
20
22
22
22
25
25
26
26
26
26
26
            Information Needed Prior to
            Construction
             IX

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Revised Standard     Section
  Subject Index      Number

       (13.0)          5-408
(2.0)
(51.21)
(2.0)
(12.0)
5-409
5-420
5-501
5-502
                    Ti 11e                           Page

             Installations Requiring that            27
             Information be Submitted to the
             State Air Pollution Control Agency
             Prior to Construction

             Consolidation of Applications           28

             Procedures for Local  Authorities         29
             to Burn Natural Wood

             Removal of Control  Devices              29

             Excessive Smoke Emissions from          29
             Motor Vehicles
                        FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index
(14.0)
(10.0)
Section
Number
52.2374
52.2377
       (17.0)
52.2380
       Title

General Requirements

Review of New or Modified
Indirect Sources

Prevention of Significant
Deterioration
Page

 33

 34


 44

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                                      AIR POLLUTION  CONTROL
                               Title  10  Vermont  Statutes Annotated
                                   Chapter 15 Nos.   351-370

(2.0)       Sec.  351.   Declaration  of  policy and  purpose

                (a)   It is hereby  declared to be the public policy  of  this  state and
           the purpose of this  chapter to achieve and maintain  such levels  of air qual-
           ity as will protect  human  health and  safety, and to  the  greatest degree
           practicable, prevent injury to plant  and  animal life and property, foster
           the comfort and convenience of the people, promote the economic  and social
           development of this  state  and facilitate  the enjoyment of the  natural attrac-
           tions of this state.

                (b)   It is also declared that local  and regional air pollution control
           programs  are to be supported to the extent practicable as essential instru-
           ments for the securing  and maintenance of appropriate levels of  air qual-
           ity.

                (c)   To these ends it is the purpose of this chapter to provide for a
           coordinated statewide program of air  pollution  prevention,  abatement and
           control,  for an appropriate distribution  of responsibilities among the state
           and local  units of government, and to facilitate cooperation across juris-
           dictional  lines in dealing with problems  of air pollution not  confined within
           single jurisdictions, and  to provide  a framework within  which  all values may
           be balanced in the public  interest.

(1.0)       Sec.  352.   Definitions
           As used in this chapter:

                (1)   "Agency" means  the agency of environmental conservation.

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

                (3)   "Air pollution"  means the presence  in the  outdoor atmosphere of one
           or more contaminants in such quantities and duration as  is  or  tends to be
           injurious to human health  or welfare, animal or plant life, or property,  in
           accordance with the establishment of  ambient air quality standards for the
           state as a whole or any part thereof, based on  nationally recognized criteria
           applicable to the State of Vermont.

                (4)   "Board" means the air quality variance board.

                (5)   "Emission" means a release  into the  outdoor atmosphere of air con-
           tami nants.

                (6)   "Person" shall  mean an individual,  partnership, corporation, asso-
           ciation,  unincorporated organization, trust or  any other legal of commercial
           entity, including a joint venture or  affiliated ownership.  The  word  "person"
           also means a municipality  or state  agency.
                                                -1-

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                (7)   "Secretary"  means  the secretary of the agency of environmental
           conservation  or such  person  as  the  secretary may designate.

(2.0)       Sec.  353.   Agency and  Board

                (a)   The agency  is designated  as  the air pollution control  agency  for
           the state.  The secretary or his duly  designated representative,  within the
           agency,  shall  perform  the functions vested in the agency,  as  specified  in
           the following sections of this  chapter.

                (b)   An  air quality variance board  shall  be appointed by the Governor,
           with  the  advice and consent  of  the  Senate.  The board shall  consist of  five
           members,  none of whom  is otherwise  employed by the State.   The board shall
           consist of a  lawyer,  a manufacturer, a professional  engineer, a  businessman
           and a member  representing the public at  large.  The Governor shall  designate
           the Chairman.   The terms of  office  shall  be five years except that the  ini-
           tial  members  shall  be  appointed so  that  the term of one member shall  expire
           in each of the succeeding five  years.

(2.0)       Sec.  354.   Powers

           In addition to any other powers conferred on it by law the (Secretary)  shall
           have  power to:

                (1)   Appoint and  employ personnel and consultants as  may be necessary
           for the  administration of this  chapter.

                (2)   Adopt, amend and repeal rules,  implementing the  provisions of this
           chapter.

                (3)   Hold hearings related to  any aspect of or matter in the adminis-
           tration  of this chapter, and in connection therewith, subpoena witnesses
           and the  production of  evidence.

                (4)   Issue orders as may be necessary to effectuate the purposes of
           this  chapter  and enforce the same by all  appropriate administrative and
           judicial  proceedings.

                (5)   Prepare and  develop a comprehensive plan or plans for the preven-
           tion, abatement and control  of  air  pollution in this state.

                (6)   Encourage voluntary cooperation by persons and affected groups  to
           achieve the purposes  of this chapter.

                (7)   Encourage local units of  government to handle air pollution prob-
           lems  within their respective jurisdiction, and by compact on a cooperative
           basis, and to provide  technical and consultative assistance therefor.

                (8)   Encourage and conduct studies,  investigations and research relat-
           ing to air contamination and air pollution and their causes, effects, pre-
           vention,  abatement and control.

                (9)   Determine by appropriate  means  the degree of air contamination and
           air pollution in the  state and  the  several parts thereof.
                                                -2-

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                (10)  Make a continuing study of the effects of the emission of air
           contaminants from motor vehicles on the quality of the outdoor atmosphere
           of this state and the several parts thereof, and make recommendations to
           appropriate public and private bodies with respect thereto.

                (11)  Establish ambient air quality standards for the state as a
           whole or for any part thereof, based on nationally recognized criteria
           applicable to the State of Vermont.

                (12)  Collect and disseminate information and conduct educational
           and training programs relating to air contamination and air pollution.

                (13)  Advise, consult, contract and cooperate with other agencies of
           the state, local governments, industries, other states, interstate or
           interlocal agencies, and the federal government, and with interested
           persons or groups.

                (14)  Consult, upon request, with any person proposing to construct,
           install, or otherwise acquire an air contaminant source or device or
           system, for the control thereof, concerning the efficacy of the device
           or system, or the air pollution problem which may be related to the
           source, device or system.  Nothing in any consultation shall be construed
           to relieve a person from compliance with this chapter, rules in force
           pursuant thereto, or any other provision of law.

                (15)  Accept, receive and administer grants or other funds or gifts
           from public and private agencies, including the federal government, for the
           purpose of carrying out any of the functions of this chapter.  The funds
           received by the Secretary pursuant to this section shall be deposited in
           the state treasury to the account of the Secretary.

                (16)  Have access to records relating to emissions which cause or
           contribute to air contamination.

(13.0)      Sec.  355.  Classification and reporting

                (a)  The Secretary, by rule, may classify air contaminant sources
           which in its judgment may cause or contribute to air pollution, according
           to levels and types of emissions and other characteristics which relate to
           air pollution, and may require reporting by any class.  Classifications
           made pursuant to this subsection may apply to the state as a whole or to
           any designated area of the state, and shall be made with special reference
           to effects on health, economic and social factors, and physical effects
           on property.

                (b)  Any person operating or responsible for the operation of air
           contaminant sources of any class for which the rules of the Secretary
           require reporting shall make reports containing information as required
          by the Secretary concerning location, size and height of contaminant outlets,
         .orocesses employed, fuels used and the nature and time periods of duration
          of emissions, and such other information relevant to air pollution and
          available or reasonably capable of beinq assembled.
                                                -3-

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 (2.0)       Sec.  356.  Additional  contaminant control  measures

                 (a)  The Secretary may require that notice be given to it prior
            to the undertaking of the construction or installation of particular types
            or classes of new air contaminant sources specified in its rules and
            regulations.  Within fifteen days of its receipt of the notice, the Secretary
            may require, as a condition precedent to the construction or installation
            or establishment of the air pollution source or sources covered thereby,
            the submission of plans, specifications, and other information as it deems
            necessary in order to determine whether the proposed construction or
            installation will be in accord with applicable rules in force pursuant
            to this chapter.  Within thirty days of the receipt of plans, specifications
            or other information required  pursuant to this section the Secretary shall
            determine if the proposed construction or installation is in accord with
            the requirements of this chapter or applicable rules and shall issue an
            order approving or prohibiting the construction or installation or
            establishment of the air contaminant source or sources, or give approval
            upon fulfillment of specified conditions.  Failure of such an order to
            issue within the time prescribed herein shall be deemed a determination
            that the construction,  installation or establishment may proceed provided
            that it is in accordance with the plans, specifications or other information,
            if any, required to be  submitted.

                 (b)  In addition to other remedies available on account of the issuance
            of an order prohibiting construction or installation and prior to invoking
            any remedies, the person or persons aggrieved thereby shall, upon request
            in accordance with rules of the Secretary be entitled to a hearing on the
            order.  Following such  hearing, the order may be affirmed, modified or
            withdrawn.

                 (c)  For the purposes of this chapter, addition to or enlargement or
            replacement of an air contaminant source, or any major alteration therein,
            shall be construed as construction or installation of a new air contaminant
            source.

                 (d)  All facilities or parts thereof called for by plans, specifications
            or other information submitted pursuant to subsection (a) of this section
            shall be maintained in  good working order.

                 (e)  Nothing in this section shall be construed to authorize the
            Secretary to require the use of a facility available only from a particular
            supplier or produced by a particular manufacturer.

                 (f)  The absence or failure to issue a rule or order pursuant to this
            section shall not relieve any person from compliance with any emission
            control requirements or with any other provision of law.

(2.0)        Sec.  357.  Inspections

                 Any duly authorized officer, employee, or representative of the
            Secretary many enter and inspect any property, premise or place on or at
            which an air contaminant source is located or is being constructed or
            installed at any reasonable time for the purpose of ascertaining the state
                                                -4-

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            of compliance with this chapter and rules  in  force  pursuant  thereto.   No
            authorized person shall refuse entry or access  to any  authorized  represen-
            tative of the Secretary who requests entry for  purposes  of inspection  and
            who presents appropriate credentials; nor  shall  any person obstruct, hamper
            or interfere with the inspection.   If requested, the owner or  operator of
            the premises shall receive a report setting forth all  facts  found which
            relate to compliance status.

(2.0)        Sec.  358.  Emission control requirements

                 The Secretary may establish such emission  control requirements, by
            rule, as in its judgment may be necessary  to  prevent,  abate, or control air
            pollution.  The requirements may be for the state as a whole or may vary
            from area to area, as may be appropriate to facilitate accomplishment  of the
            purposes of this chapter, and in order to  take  necessary or  desirable
            account of varying local conditions.

(15.0)      Sec.  359.  Enforcement

                 (a) Whenever the Secretary has reason to believe  that a violation of
            any provision of this chapter or rule pursuant  thereto has occurred,
            it may cause written notice to be served upon the alleged violator or
            violators.  The notice shall specify the provision  of  this chapter or  rule
            alleged to be violated, and the facts alleged to constitute  a  violation
            thereof, and may include an order that necessary corrective  action be
            taken within a reasonable time.  The order shall become final  unless,  no
            later than thirty days after the date the  notice and order are served, the
            person or persons named therein request in writing  a hearing before the
            Secretary.  Upon receipt of the request, the Secretary shall hold a hearing.
            In lieu of an order, the Secretary may require  that the alleged violator
            or violators appear before the Secretary for a  hearing at a  time  and
            place specified in the notice and answer the charges complained of, or the
            Secretary may initiate action pursuant to  section  367  of this  title.

                 (b) If, after a hearing held pursuant to subsection (a) of this
            section, the Secretary finds that a violation or violations  have  occurred,
            it shall affirm or modify its order previously  issued, or issue an
            appropriate order or orders for the prevention, abatement or control of
            the emissions involved or for the taking of such other corrective action
            as may be appropriate.  If, after hearing  on an order  contained in a notice
            the Secretary finds that no violation is occurring, it shall rescind the
            order.  Any order issued as part of a notice or after  hearing  may prescribe
            a time schedule for necessary action in preventing, abating  or controlling
            the emissions.

                 (c) Nothing in this chapter shall prevent  the  Secretary from making
            efforts to obtain voluntary compliance through  warning, conference or  any
            other appropriate means.

                 (d) In connection with any hearing held pursuant to this  section, the
            Secretary shall have power and upon application by  any party it shall  have
            the duty to subpoena witnesses and the production  of evidence  on behalf of
            all parties.
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(8.0)       Sec.  360.   Emergency  procedure

                 (a)   Any  other provisions of  law  to  the contrary notwithstanding,  if
            the  Secretary  finds that a  generalized condition of air  pollution exists
            and  that  it creates an  emergency requiring  immediate action to protect  human
            health  or safety,  with  the  concurrence of the  Governor,  the Secretary shall
            order persons  causing or contributing  to  the air pollution to reduce or
            discontinue immediately the emission of air contaminants and such order
            shall fix a place  and time  not later than twenty-four hours thereafter  for
            a  hearing to be  held  before the Director.   Not more than twenty-four hours
            after commencement of such  a  hearing and  without adjournment thereof, the
            director  shall affirm,  modify or set aside  the order.

                 (b)   In the absence of a generalized condition of air pollution of the
            type  referred  to in subsection (a) of  this  section, if the Secretary finds
            that  emissions from the operation  of one  or more air contaminant sources
            is causing the imminent danger to  human health or safety, the Director  of
            Industrial  Hygiene may  order  the person or  persons responsible for the
            operation or operations in  question to reduce  or discontinue emissions
            immediately, without  regard to the provisions  of section 359 of this title.
            In that event, the requirements for hearing and affirmance, modification
            or setting aside of orders  set forth in subsections 359  (a) and 359 (b)
            shall apply.

                 (c)   Nothing  in  this section  shall be  construed to  limit any power
            which the Governor or any other officer may have to declare an emergency
            and  act on the basis  of such  declaration.

(5-0)       Sec.  361.   Variance

                 (a)   A person who  owns or is  in control of any plant, building,
            structure,  process or equipment may apply to the Secretary for a variance
            from its  rules.  The  Secretary may grant  a  variance if it finds that:

                 (1)   The  emissions occurring  or proposed  to occur do not endanger  or
            tend  to endanger human  health or safety.

                 (2)   Compliance  with the rules from  which variance  is sought would
            produce serious  hardship without equal  or greater benefits to the public.

                 (b)   No variance shall be granted pursuant to this  section except  after
            public  hearing on  due notice  and until  the  Secretary has considered the
            relative  interests of the applicant, other  owners of property likely to be
            affected  by the  discharges, and the general public.

                 (c)   Any  variance  or renewal  thereof'shall be granted within the
            requirements of  subsection  (a) of  this section and for time periods and
            under conditions consistent with the reasons therefore,  and within the
            following limitations:

                 (1)   If the variance is  granted on the ground that  there is no
            practicable means  known or  available for  the adequate prevention, abate-
            ment or control  of the  air  pollution involved, it shall  be only until the
            necessary practicable means for prevention, abatement or control become
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            known  and available,  and  subject  to  the  taking  of any substitute or
            alternate measures  that the  Secretary may  prescribe.

                 (2)   If the  variance is granted on  the  ground  that compliance with
            the particular requirement or requirements from which variance is sought
            will  necessitate  the  taking  of measures  which,  because of  their extent or
            cost,  must be spread  over a  considerable period of  time, it shall be for
            a period  not to exceed  such  reasonable time  as, in  the view of the
            Secretary is requisite  for the taking of the necessary measures.  A
            variance  granted  on the ground specified herein shall contain a time
            schedule  for the  taking of action in an  expeditious manner and shall be
            conditioned on adherence  to  the time schedule.

                 (3)   If the  variance is granted on  the  ground  that it is justified to
            relieve or prevent  hardship  of a  kind other  than that provided for in items
            1  and  2 of this subparagraph, it  shall be  for not more than one year.

                 (d)   Any variance  granted pursuant  to this section may be renewed on
            terms  and conditions  and  for periods which would be appropriate on initial
            granting  of a variance.  If  complaint is made to the Secretary on account
            of the variance,  no renewal  thereof  shall  be granted, unless following
            public hearing on the complaint on due notice,  the  Secretary finds that
            renewal is justified.  No renewal shall  be granted  except  on application
            therefor.  The application shall  be  made at  least sixty days prior to the
            expiration of the variance.   Immediately upon receipt of an application
            for renewal the Secretary shall give public  notice  of the  application in
            accordance with rules of  the Secretary.

                 (e)   A variance  or renewal shall not  be a  right of the applicant or
            holder thereof but  shall  be  in the discretion of the Secretary.  However,
            any person adversely  affected by  a variance  of  renewal granted by the
            Secretary may obtain  judicial review thereof by a proceeding in the
            appropriate court.

                 (f)   Nothing in  this section and no variance or renewal granted pur-
            suant hereto shall  be construed to prevent or limit the application of
            the emergency provisions  and procedures  of section  360 of  this chapter
            to any person or  his  property.

(16.0)       Sec.  362.  Hearings and judicial  review

                 (a)   No rule or regulation and  no amendment or repeal thereof shall
            take effect except after  public hearing.  The Secretary shall appoint a
            time and  place for the hearing and shall order  the  publication of the
            substance thereof and of  the time and place  of  hearing two weeks successively
            in the daily newspapers of the state, the  last  publication to be at least
            seven  days before the day.appointed  for  the  hearing.

                 (b)   Nothing in  this section shall  be construed to require a hearing
            before issuance of an emergency order pursuant  to section  360 of this
            chapter.

                 (c)   Any person aggrieved by any order  of  the  Secretary may have
            judicial  review thereof by appeal under  Section 2382 of title 12 within
            thirty days of the  date of the order.
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(9.0)        Sec.  364.   Local  air  pollution  control  programs

                 (a)   A municipality may establish  and  thereafter  administer  within
            its  jurisdiction  an air pollution  control program which:

                 (1)   Provides  by ordinance or local  law for  requirements  compatible
            with,  or  stricter or  more extensive than  those  imposed by  sections  358,
            360,  and  361  of this  chapter and regulations issued  thereunder;

                 (2)   Provides  for the enforcement  of such  requirements  by appropriate
            administrative and  judicial  process;

                 (3)   Provides  for administrative organizations, staff,  financial, and
            other resources necessary to effectively  and efficiently carry out  its pro-
            gram;  and

                 (4)   Is  approved by the Secretary  as adequate to  meet the requirements
            of this chapter and any applicable rules  and regulations pursuant thereto.

                 (b)   A municipality may administer all  or  part  of its air pollution
            control program in  a  compact if the program meets the  requirements  of
                action (a)  of this section.
uuni.ru i  (jruyrctiii in a (,UIII|JCU_L 11
subsection (a) of this section.
                 (c)   If  an  approved  local  air  pollution  authority  so   petitions  and
            the  Secretary finds  that  the  control  of  a  particular  class  of  air  contaminant
            source  because of  its  complexity  or magnitude is  beyond the reasonable
            capability of the  local air pollution control  authorities or may be more
            efficiently and  economically  performed at  the state level,  it  may  assume
            and  retain jurisdiction over  that class  of air contaminant  source.
            Classifications  pursuant  to this  paragraph may be either on the basis of
            the  nature of the  sources involved  or on the  basis of their relationship
            to the  size of the communities  in which  they  are  located.

                 (d)   Nothing  in this chapter shall  be construed  to supersede  or  oust
            the  jurisdiction of  any local air pollution control program in operation
            on July 1, 1968; provided that  within two  years from  such date any such
            program shall  meet all requirements of this chapter for a local air
            pollution  control  program.  Any approval required from  the  Secretary  shall
            be deemed  granted  unless  the  Secretary takes  specific action to the
            contrary.

(2.0)       Sec.  365.   State and federal  aid

                 Local  air pollution  control  agencies  established or approved  pursuant
            to this chapter  may  make  application  for,  receive, administer  and  expend
            federal  funds for  the  control of  air  pollution or the development  and
            administration of  programs related  to.air  pollution control, provided the
            application is first submitted  to and approved by the State Board  of  Health.
            The  State  Board  of Health shall approve  the application if  it  is consistent
            with  this  chapter  and  any other applicable requirements of  law.

(12.0)      Sec.  366.   Motor vehicle  pollution

                 (a)   The Secretary in conjunction with the motor vehicle  department



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           may provide rules  for the control  of emissions  from  motor  vehicle?..   Such
           rules  may prescribe  requirements  for the  installation  and  use  of  equipment
           designed to reduce or eliminate emissions  and for the  proper maintenance
           of the equipment and the vehicles.   Rules  pursuant to  this section  shall
           be consistent with provisions  of  federal  law, if any,  relating to control
           of emissions from the vehicles concerned  and  shall not require, as  a
           condition precedent  to the initial  sale of a  vehicle or vehicular equip-
           ment,   the inspection, certification or other approval  of  any  feature or
           equipment designed for the control  of emissions from motor vehicles,  if the
           feature or equipment has been  certified,  approved, or  otherwise authorized
           pursuant to federal  law.

                (b)  Except as  permitted  or  authorized by  law,  no person  shall  fail
           to maintain in good  working order or remove,  dismantle or  otherwise cause
           to be  inoperative any equipment or feature constituting an operational
           element of the air pollution control system or  mechanism of a  motor
           vehicle and required by rules  pursuant to this  chapter to  be maintained in
           or on  the vehicle.  Any failure to maintain in  good  working order or
           removal, dismantling or causing of inoperability shall  subject the  owner
           or operator to suspension or cancellation  of  the registration  for the
           vehicle by the motor vehicle department.   The vehicle  shall not thereafter
           be eligible  for registration  until all parts and equipment constituting
           operational elements of the motor vehicle have  been  restored,  replaced
           or repaired and are  in good working order.

                (c)  The Secretary shall  consult with the  motor vehicle department
           and furnish it with  technical  information, including testing techniques,
           standards and instructions for emission control features and equipment.

                (d)  When rules have been issued requiring the  maintenance of  features
           or equipment in or on motor vehicles for  the  purpose of controlling
           emissions therefrom, no motor  vehicle shall be  issued  an inspection
           sticker unless all required features or equipment have been inspected in
           accordance with the  standards, testing techniques and  instructions
           furnished pursuant to subsection  (b) hereof and has  been found to meet
           those  standards.

                (e)  The remedies and penalties provided here apply to violations of
           section 366 and provision of section 367  of this title shall  not  apply.

                (f)  As used in this section "motor  vehicle" shall have  the  same
           meaning as defined in section  4 of title  23.
(15.0)      Sec.  367.   Penalties
                Any person who violates a provision of this chapter,  except sections
           353 and 356 or any rule shall be fined not to exceed $2,000.00.

                In the event such violation is of any of the terms and conditions of
           an order of the Secretary issued under section 359 of this chapter,  the
           expiration of each 30-day period after the expiration of the reasonable
           time specified in that order during which corrective action must be  taken
           shall  constitute a separate violation under this section.   In the event
           such violation is of any of the terms and conditions of an order of  the
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          Secretary issued under section 360 of this title, the expiration of each
          five-day period after the effective date of that order shall constitute a
          separate violation under this section.

(2.0)     Sec. 368.  Limitations

          Nothing in this chapter shall be construed to:

               (a)  Affect the relations between employers and employees with respect
          to or arising out of any condition of air contaminaiton or air pollution.

               (b)  Supersede or limit the applicability of any law or ordinance
          relatinq to sanitation, industrial nealth or safety.

               (c)  Grant to the director any jurisdiction or authority with respect
          to air contamination existing solely within commercial and industrial plants,
          works or shops or private property appurtenant thereto.

(2.0)     Sec. 369.  Exemption from taxation

               Approved air pollution treatment facilities shall be exempted from real
          and personal property taxation in the same manner provided tax exemption
          of water treatment facilities under the provisions of section 3802 of title 32.

(2.0)     Sec. 370.  Construction with other laws

               When a person as defined in section 352, subsection 4, is required to
          abate a source of air pollution existing at the date of passage of this
          chapter and to concurrently abate a source of water pollution in accord
          with any existing Vermont water resources board's classification order
          document issued pursuant to sections 902-908 of title 10, water pollution
          control, the Secretary, the Vermont water resources board and the person
          or their designated representatives shall meet and establish a properly
          coordinated program for the abatement of air and water pollution sources
          concurrently or in sequence.  Such program shall specify a reasonable time
          within which facilities for abatement shall be in use, having regard for
          the rights and interests of the general public, and reasonableness and
          equity of the cost of installation of the pollution abatement devices.
          New sources of air pollution notwithstanding are subject to abatement.

(2.0)     Sec. 371.  Exemption; steam locomotives and engines

               The provisions of this chapter shall not apply to any steam locomotives,
          engines and rolling stock used in connection with the operation of a rail-
          road within the state.
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                               AGENCY OF ENVIRONMENTAL CONSERVATION
                                        Montpelier,  Vermont

                                     ENVIRONMENTAL PROTECTION
                                            REGULATIONS

                                            Chapter 5

                                       AIR POLLUTION CONTROL

            SUBCHAPTER I.  DEFINITIONS

(l.O)        5-101    As used in this part, all terms not defined herein shall  have the
            meaning given them in the Act.

                 1.  "Act" refers to the Air Pollution Control  Act, 10 VSA 15, as
            amended.

                 2.  "Agency" means the Agency of Environmental Conservation.

                 3.  "Air Contaminant" means dust, fumes, mist, smoke, other particulate
            matter, vapor, gas, odorous substances,  or any combination thereof.

                 4.  "Air Pollution" means the presence in the  outdoor atmosphere of
            one or more air contaminants in such quantities, and duration as is or
            tends to be injurious to human health or welfare, animal or plant life, or
            property, or would unreasonably interfere with the  enjoyment of life, or
            property, in accordance with the establishment of ambient air quality
            standards for the state as a whole or any part thereof, based on nationally
            recognized criteria applicable to the State of Vermont.

                 5.  "Emission" means a release into the outdoor atmosphere of air
            contaminants.

                 6.  "Secretary" means the Secretary of the Agency of Environmental
            Conservation or such person as the Secretary may designate.

                 7.  "Air Pollution Control Officer" means the  person whose functional
            responsibility is to direct and coordinate the air pollution control activities
            and program for the State.

                 8.  "Natural wood" - for the purposes of these regulations, natural
            wood means trees, including logs, boles, trunks, branches, limbs, and
            stumps, lumber including timber, logs or slabs, especially when dressed
            for use.  This definition shall also include pallets which are used for
            the shipment of various materials so long as such pallets are not chemically
            treated with any preservative, paint, or oil.  This definition shall not
            extend to materials which have resulted from the demolition of any building,
            or to other wood products such as sawdust.

                 9.  "Person" means any individual, or group of individuals organized
            for fraternal or any other purpose, partnership, firm, association,
            municipality, public or private corporation, state  agency or subdivision
            of the state, or any other legal entity.
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     10.  "Combustion products" - particulate and gaseous  contaminants
created by the burning of any kind of material.

     11.  "Open burning" - the burning of any type of combustible  material
in the open where the products of combustion are emitted directly  into  the
atmosphere without passing through a stack,  chimmney, or other enclosure.
Burning shall include ignition, permitting or causing ignition and suffering,
allowing or maintaining burning.

     12.  "Refuse" - garbage, rubbish and trade  wastes.

     13.  "Garbage" - waste resulting from distribution, preparation  and
serving of food.

     14.  "Rubbish" - Solids or liquids not  considered to  be  highly flammable
or explosive, such as, but not limited to, paper, rags,  ashes, leaves,  tree
branches, yard trimmings, furniture, tin cans, glass, crockery,  demolition
wastes, junk automobiles, tires,  automotive  parts, paints, oils, and  other
similar materials.

     15.  "Trade waste" - combustible solid  or liquid material resulting
from construction, building operations, or the prosecution of any  business,
trade or industry, such as, but not limited  to,  plastic, rubber, leather,
chemicals, cartons, paints, greases, oils, other petroleum products,  sawdust,
dead animals (including fish and fowl), and  other forms  of solid or liquid
waste materials.

     16.  "Forest Land Area" - is at least 25 acres of land that is at  least
10% stocked with trees of any size.

     17.  "Ringlemann Chart" - the chart published and described in U.  S.
Bureau of Mines Information Circular 8333 (May,  1967), and on which are
illustrated graduated shades of grey for use in  estimating the light
obscuring capacity of smoke.

     18.  "Fuel" - any form of combustible matter - solid, liquid  or  gas,
excluding combustible refuse.

     19.  "Sulfur compounds" - all organic or inorganic  chemicals  having
an atom or atoms of sulfur in their chemical structure.

     20.  "Particulate Matter" is any material,  except uncombined  water,
that exists in a finely divided form as a liquid or solid  at  standard
condition.

     21.  "Combustion Contaminants" are particulate matter discharged into
the atmosphere from the burning of any kind  of material  containing carbon
in a free or combined state.

     22.  "Process Operations" means any method, form, action, operation,
or treatment of manufacturing or processing, and shall include any storage
or handling of materials or products before, during or after  manufacturing
or processing.
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     23.  "Process Unit" refers to reactions where raw materials undergo
chemical and/or physical change.

     24.  "Process Weight" is the total  weight of all  materials introduced
into any specific process which may cause discharge into the atmosphere.
Solid fuels charged will be considered as part of the  process weight, but
liquid and gaseous fuels and combustion air will  not.   "THE PROCESS WEIGHT
PER HOUR" will be derived by dividing the total process weight by the
number of hours in a complete operation from beginning of any given process
to the completion thereof, excluding any time during which the equipment
is idle.

     25.  "Fugitive Particulate Matter" means any particulate matter
generated by a process operation which is emitted into the open air from
points other than a stack outlet.

     26.  "Incinerator" is any structure or furnace in which combustion
takes place, the primary purpose of which is the reduction in volume and
weight of an unwanted material.

     27.  "Multiple Chamber Incinerator" is any article, machine, equip-
ment, contrivance, structure or part of a structure used to dispose of
combustible refuse by burning, consisting of three or more refractory lined
combustion furnaces in series, physically separated by refractory walls
interconnected by gas passage ports or ducts and employing adequate design
parameters necessary for maximum combustion of the material to be burned.

     28.  "BTU" means British Thermal Units, which is the amount of heat
necessary to raise the temperature of one pound of water from 39°F to 40° F.

     29.  "Heat Input" shall be the aggregate heat content of all fuels
whose products of combustion pass through a stack or stacks.  The heat
input value used shall be the equipment manufacturer's or designer's
guaranteed maximum input, whichever is greater.  The total heat of all
fuel burning  units on a plant or premises shall be used for determining
the maximum allowable amount of particulate matter which may be emitted.

     30.  "Odor" means that property of gaseous, liquid or solid materials
that elicit a physiologic response by the human sense of smell.

     31.  "Stationary Source" means any building, structure, facility or
installation which emits or may emit any air pollutant.

     32.  "Modification" means any physical change in, or change in the
method of operation of, an affected facility which increases the amount
of any air pollutant (to which a standard applies) emitted by such facility
or which results in the emission of any air pollutant  (to which a standard
applies) not previously emitted except that:

     a.  Routine maintenance, repair, and replacement shall not be
considered physical changes.

     b.  The following shall not be considered a change in the method of
operation:


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          (1)  an increase in the production  rate, if such increase does
          not exceed the operating design capacity of the affected facility.

          (2)  an increase in the operation hours.

          (3)  change in the equipment, or raw materials with no increase
          in the amount of pollutants.

     33.  "Ambient Air Space" means the unconfined space occupied by the
atmosphere above the geographic area of the State of Vermont.

     34.  "Annual Average" - a mean value arithmetic or geometric as indicated
determined for a period of 12 consecutive months which need not coincide
with the calendar year.

     35.  "Arithmetic Mean" - the sum of N factors divided by N.

     36.  "N" - the number of factors used in determining an arithmetic
or geometric mean.

     37.  "Geometric Mean" - the Nth root of the product of n factors
(e.g. 3x4x5x6=360.  The 4th root of 360 = 4.35+).

     38.  "Standard" means a delineation of the maximum concentration and
duration of a specific contaminant, alone or in conjunction with other
contaminants in the ambient air space which is deemed compatible with man's
health and welfare.

     39.  "Motor Vehicle" shall include all vehicles propelled or drawn by
power other than muscular power, except tractors used entirely for work on
the farm, vehicles running only on stationary rails or tracks, motorized
highway building equipment and road making appliances.

     42.  "Public Notice" - Notice given to the public by prominent
advertisement in the State announcing the date(s), time(s) and place(s) of
public hearings as required in the code of Federal Regulations, CFR Title
40, Part 51.4.  Notice shall be given at least 30 days prior to the date
of such hearings.
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            SUBCHAPTER  II.   PROHIBITIONS

(51.13)     5-201   OPEN BURNING  PROHIBITED

                 No person  shall  engage  in  open  burning of  refuse except  in conformity
            with  the provisions  of  Section  5-202.

(51. 13 )     5-202   PERMISSIBLE OPEN BURNING

                 When not  prohibited by  local  ordinances  or officials  having jurisdiction
            such  as local,  state or federal  fire wardens  or other  fire prevention
            officials,  the  following types  of  burning  are permissible, provided no  public
            or private  nuisance  is  created.

                 1.  Fires  in conjunction with holiday and  festive  celebrations.

                 2.  Campfires,  outdoor  grills,  and  fireplaces  for  recreation  or
            preparing food.

                 3.  Burning of  solid or liquid fuels  or  structures for the purpose
            of bona fide instruction and training  of municipal,  volunteer, and
            industrial  firefighters in the  methods of  fighting  fires when conducted
            under the direct control and supervision of qualified   instructors.
            Said  firefighters shall be residents of  the State of Vermont  or affiliated
            with  the mutual  aid  systems  within the State  of Vermont.   Notification
            by the fire training officer or the fire chief  of the training exercise
            shall  be made  to the Air Pollution Control Officer  on prescribed forms  at
            least fourteen  days  prior to the exercise.

                 4.  Burning in  forest land areas  of brush, tree cuttings and  slash
            where the cuttings accrue from  pulping,  lumber, and clearing  of initial
            rights of way.   Open  burning related  to clearing of initial  rights of
            way in forest  land areas will be considered permissible until September
            1, 1973.  (Tires, asphalt material or  other material that  could cause
            dense black smoke shall not  be  used to ignite the brush or tree cutting.)

                 5.  On premise  burning  for the purpose of  weed abatement; disease,
            forest fire and pest prevention; and agricultural improvement.

                 6.  On premise  burning  of  leaves, brush, deadwood, tree  cuttings
            accrued from normal  property maintenance by the owner,  or  lessee thereof.

                 7.  Backyard burning of combustible domestic rubbish, except  garbage,
            where no public disposal is  available.  This  provision  applies only to  on-
            premises burning of  combustible materials, except garbage, in a backyard
            waste burner having  a capacity  of  eight  (8) cubic feet  or  less and serving
            a building  containing four (4)  or  less dwelling units.

                 8.  Open  burning in remote areas, as  follows,  if prior approval  in
            writing is  obtained  from the Air Pollution Control  Officer.

                 a.  Highly explosive or other dangerous, or unusual materials for
            which there is  no other feasible method  of disposal.
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                 b.   Burning of combustible construction  material  resulting  from  the
            demolition  of buildings  and other structures,  brush,  tree  trunks  and
            the like, originating from within the  state.

                 c.   Other combustible materials  for which there  is  no other  feasible
            method of disposal.

                 9.   Burning of natural  wood in an area designated by  the selectmen
            or city council, with the  permission  of the selectmen  or city council of
            that municipality,  and the fire warden in that jurisdiction, and  in confor-
            mance with  the procedures  outlined in  Subchapter  IV of these regulations.

(2.0)        5-203  EXCEPTIONS

                 Open burning incidental  to the development and testing of open pit
            incinerators  provided plans and location meet the approval of the Air
            Pollution Control Officer  and further  provided that the  Air Pollution
            Control  Officer reserves the right to  approve  or  disapprove the  final
            design based  on acceptable performance tests.

(2.0)        5-204  EXEMPTION FROM LIABILITY

                 A permission granted  by the Air  Pollution Control Officer under  the
            provisions  of this  regulation does not relieve the petitioner from any
            legal responsibility attributable to  the burning  authorized by the permit.

(50.1.2)     5-211  PROHIBITION  OF VISIBLE AIR CONTAMINANTS

                 1.   Installations Constructed prior to April  30,  1970

                     On or after January 1, 1971,  no person shall  cause, suffer,  allow
            or permit the emission of  any air contaminant for more than a period  or
            periods  aggregating six (6)  minutes in any hour,  which has:

                 a.   A  shade, or density, greater  than No. 2  of the  Ringelmann Chart.

                 b.   A  shade or density of such opacity as to obscure  an observer's
            view to a degree greater than does smoke described in  subsection (a)
            of this  section.

                 At no  time shall the  visible air  contaminants have  a  shade,  density,
            or appearance greater than No.  3 of the Ringelmann Chart.

                 2.   Installations Constructed Subsequent to  April 30,  1970

                 On or  after April 30, 1970 no person shall cause, suffer, allow  or
            permit the  emission of any visible air contaminant,.from installations
            constructed after the effective date  of these regulations  for more  than
            a period or periods aggregating six  (6) minutes in any hour, which has:

                 a.   A  shade or density, greater  than No.  1 of the Ringelmann Chart.

                 b.   A  shade, or density, of such  opacity as  to obscure an observer's
            view to a degree greater than does the smoke  described in  subsection  (a)
            of this section.
                                               -16-

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              At no time shall the visible air contaminant have a shade, density
         or appearance greater than No. 3 of the R^'ngelmann Chart.

(51.21)   5-221  PROHIBITION OF POLLUTION POTENTIAL MATERIALS IN FUELS.

              1.  Sulfur Limitation in Fuel

              a.  No person shall cause or permit the use, purchase, or sale for use
         in stationary combustion installations within the State of Vermont for heat
         or power generation, fuels containing more sulfur, percentage by weight, than
         specified  in the table below:

              By October 1, 1971, not more than 2.2% sulfur by weight.
              By October 1, 1972, not more than 1.5% sulfur by weight.
              By October 1, 1974, not more than 1.0% sulfur by weight.

              b.  Notwithstanding the provisions of the other subsections of this
         section, after July  1, 1976 no new stationary combustion installation with
         greater than 250 million BTU's heat input shall discharge gases containing
         sulfur dioxide in excess of .80 Ib. per million BTU heat input derived from
         liquid fossil fuels  or 1.2 Ib. per million BTU heating input derived from
         solid fossil fuels.  This subsection shall not apply to gas turbine generators.

(50.1)   5-231  PROHIBITION OF PARTICULATE MATTER

              1.  Industrial  Process Emissions

              a.  A person shall not discharge, cause, suffer, allow or permit in any
         one  hour from any source whatsoever dust or fumes in total quantities in
         excess of  the amounts shown in the following table:  (See Table I).  For
         purposes of this subsection, similar process units will be considered a
         singe process.

              To use the table, take the process weight per hour as such is defined
         in the definition Process Weight.  Opposite this number on the table is the
         maximum number of pounds of contaminants which may be discharged into the
         atmosphere in any hour.  As in example, if A has a process which emits con-
         taminants  into the  atmosphere and which process takes three hours to
         complete,  he will divide the weight of all materials in a specific process,
         in this example, 1500 pounds, by three giving a process weight per hour of
         500  pounds.  The table shows that A may not discharge more than 1.77 pounds
         in any hour of process.  Where the process weight per hour falls between the
         figures in the left-hand column the exact weight of the permitted discharge
         may  be a linear interpolation.

              b.  In cases where process weight is not applicable as determined by
         the  Air Pollution Control Officer, the concentration of  solid  particulates
         in the effluent gas  stream shall not exceed 0.1 lb/1000  Ib. of undiluted
         exhaust gas as actual conditions.

              c.  Fugitive particulate matter shall not be included in  the determination
         of the maximum allowable weight discharged per hour as it applies to subsection
         (a)  unless the fugitive particulate matter enters an  air cleaning system that
         was  not specifically designed for the fugitive particulate matter.
                                               -17-

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     d.  If this section is in conflict with any interpretation of (Fugitive
Participate Matter), the Air Pollution Control Officer shall  determine which
section shall apply.

     2.  Incinerator Emissions

     a.  A person shall not discharge, cause, suffer, allow,  or permit air
contaminants into the open air from any incinerator, with a designed charging
rate of less than 50 tons per day, particulate matter in the  exhaust gases
to exceed 0.10 pounds per 100 pounds of refuse burnt.  All incinerators built
and installed after July 1, 1971 shall be multiple chamber incinerators or
equipment found by the Air Pollution Control Officer, in advance of such use,
to be equally effective for the purpose of air pollution control as an approved
multiple chamber incinerator.  The responsibility for showing that the equip-
ment other than a multiple chamber incinerator is in compliance with the
emission limits of this section shall be on the person seeking to come within
the provisions of this section.

     b.  After January 1, 1974, no incinerator with a capacity less than 500
pounds per hour of refuse burnt shall be built or installed except incinerators
used exclusively for the destruction of pathological waste unless substantial
operating data is available to demonstrate compliance with emission standards
when the proposed incinerator is utilizing a similar waste and conditions to
the proposed installation.

     c.  After July, 1976 any incinerators with a designed charging rate of
50 ton per day or more shall be operated in such a manner that emissions of
particulate matter shall not exceed 0.08 grain per dry standard cubic foot
corrected to 12 percent carbon dioxide.

     3.  Combustion Contaminants

     a.  A person shall not discharge, cause, suffer, allow,  or permit the
emission of particulate matter caused by the combustion of fuel in fuel burning
equipment from any stack or chimney.

       (1)  in excess of 0.5 (five tenths) of a pound per hour per million
   BTU's of heat input in combustion installations where the heat input is
   rated at 10 million BTU's or less per hour.

       (2)  in excess of allowable particulate emissions limitations as
   determined by Figure 1 for combustion installations where the heat input
   is greater than 10 million BTU's per hour, but where the heat input is less
   than 250 million BTU's per hour.

       (3)  in excess of 0.1 (one tenth) of a pound per hour per million BTU's
   of heat input in installations where the heat input is rated greater than
   250 million BTU's per hour.

       (4)  in excess of 0.06 (six hundreths) of a pound per hour per million
   BTU's of heat input in installations constructed after July 1, 1971 where
   the heat input is rated greater than 1000 million BTU's per hour.

     b.  This regulation applies to installations in which fuel is burned
for the primary purpose of producing steam, hot water, hot air or other liquids,
                                      ..-18-

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            gases,  or  solids,  and  in  the course of doing so, the products of combustion
            do  not  come  into direct contact with the process material.  Fuels include
            coal, coke,  lignite, fuel oil and wood, but does not include refuse.  When
            any product  or  by-products of a manufacturing process are burned for the
            same purpose, or in  conjunction with any fuel, the same maximum emission
            limitation shall apply.

                 4.  Potential Hazardous Particulate Matter

                 Persons responsible  for a source operation from which hazardous particu-
            late matter  may be emitted such as, but not limited to, lead, silica and other
            such materials  shall give the utmost care and consideration to the potential
            harmful  effects of emissions resulting from such activities.  Evaluation of
            these facilities as  to the adequacy, efficiency and emission potential will
            be  made on an individual  basis by the Air Pollution Control Officer in conjunc-
            tion with  the Director, Division of Industrial Hygiene.

                 5.  Fugitive  Parti culate Matter

                 A  person shall  not discharge, cause, suffer, allow, or permit any
            process operation  to operate that is not equipped with a fugitive particu-
            late matter  control  system.  A person shall not cause, suffer, allow, or
            permit  any materials to be handled, transported, or stored; or a building,
            its appurtenances, or  a road to be used, constructed, altered, repaired or
            demolished without taking reasonable precautions to prevent particulate
            matter  from  becoming airborne.  Public roads will not be subject to this
            section unless  a public nuisance is created.

                 When  fugitive dust emissions escape from a building or equipment in
            such manner  and amount as to cause a nuisance or to violate any regulation,
            the Air Pollution  Control Officer may order that the building or equipment
            in  which processing, handling and storage are done be tightly closed and
            ventilated in such a way  that all air and gases and air or gasborne material
            leaving the  building or equipment are treated by removal or destruction of
            air contaminants before discharge to the open air.

                 6. Installations constructed subsequent to April 30, 1970

                 Hot-mix asphalt paving batch plant.  A person shall not discharge or
            cause,  suffer,  allow or permit particulate matter in excess of  .04 "grains
            per standard cubic foot from a hot-mix asphalt batch plant constructed after
            April 30,  1970. For purposes of this regulation, an asphalt batch plant
            involves the use of  a  rotary frier, screening and classifying equipment, and
            an  aggregate weighing  system, a mixer, storage bins, and conveying equipment.

(50.6)       5-241  PROHIBITION OF  NUISANCE AND ODOR

                 1.  Nuisance

                 A  person shall  not discharge, cause, suffer, allow, or permit  from any
            source  whatsoever  such quantities of air contaminants or other material which
            will cause injury, detriment, nuisance or annoyance to any considerable number
            of  people  or to the  public or which endangers the comfort, repose, health
            or  safety  of any such  persons or the public or which causes or  has  a  natural
            tendency to  cause  injury  or damage to business or property.
                                               -19-

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              2.   Odors

              A person shall  not discharge,  cause,  suffer,  allow  or  permit  any emissions
         of objectionable odors  beyond  the  property line  of a  premises.  An objection-
         able odor shall  mean those  odors deemed  objectionable by fifteen percent or
         more of a sample of  people  exposed  to  them.   The number  of  people  in the said
         sample shall  be  at least 20 or,  if  fewer than 20 people, but  greater than 4
         (and provided that these persons are not from the  same household)  are exposed
         in a particular  situation,  75  percent  of the  people exposed.  The  sample of
         people shall  be  taken from  among those occupying or frequenting places closest
         to, but beyond the property line of the  source of  odors. Domestic odors are
         exempt from this section.

              3.   Control of  Odor from  Industrial Processes

              a.   No person shall  operate or use  any device, machine,  equipment or
         other contrivance for the industrial processes which  as  determined by the Air
         Pollution Control  Officer is an odoriferous process per  se, unless all gases,
         vapors,  and gas-entrained effluents from such facility are  incinerated at a
         temperature of 1600  degrees F  for  a period of not  less than five-tenths  (0.5)
         second,  or processed in such manner as determined  by  the Air  Pollution Control
         Officer to be equally or more  effective  for the  purpose  of  air pollution con-
         trol.

              b.   Effective devices  and measures  shall be installed  and operated  in a
         manner such that no  vent, exhaust  pipe,  blowoff  pipe  or  opening of any kind
         shall  discharge  into the open  air  or atmosphere  any odorous matter, air  con-
         taminants, dusts or  any combination thereof which  create odors or  other  nui-
         sances.

              c.   Odor-producing materials  shall  be confined and  handled in a manner
         such that odors  produced within or outside the plant  from such materials are
         controlled.  Accumulation of odor-producing materials resulting from spillage
         or other means is prohibited.

              d.   Odor-bearing air contaminants arising from materials in process shall
         be confined at the point of origin  so  as to prevent liberation of  odorous matter
         into the workroom and the confined  air contaminants shall be  treated before
         discharge to the atmosphere, as  required in section c.  COMBUSTION CONTAMINANTS.

              e.   Whenever air contaminants  escape  from a building or  buildings used
         for processing,  handling or storage of materials used in the  industrial  proc-
         esses  specified  in section  c.  COMBUSTION  CONTAMINANTS in such matter and
         amount as to cause a nuisance  or to violate this Subchapter,  the Air Pollution
         Control  Officer  shall order that said  building or  buildings be tightly closed
         and ventilated in such  a way that  all  air  contaminants are  treated by incin-
         erator or other  means effective  for their  removal  or  destruction before  dis-
         charge to the open air.

(50.3)    5-251.  PROHIBITION  OF  GASEOUS AIR CONTAMINANTS

              1.   Control of  Nitrogen Oxides Emissions

              a.   No person shall  discharge, cause, allow or permit  emission of nitrogen
                                              -20-

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oxides from a combustion installation with a capacity of 250 million Bill's
or more and completed after July 1, 1971 in excess of 0.30 pounds per million
BTU's of heat input per hour.

     b.  The provisions of this section shall not apply to a stationary
industrial gas turbine utilized as a combustion installation until July 1,
1973.
                                      -21-

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                                SUBCHAPTER  III.  AMBIENT AIR  QUALITY
                                                STANDARDS
(2.0)      5-301   PREAMBLE
               The  ambient  air  quality  standards  as  set  forth  in  this  Subchapter  are
          based upon:

               1.   The  United States  Department of Health,  Education and Welfare's
          published air quality criteria  reflecting  scientific knowledge indicating
          the  kind  and  extent of identifiable  effects  on health and welfare which may
          be expected from  the  presence of  an  air contaminant,  or combination of
          contaminants, in  the  ambient  air  in  varying  quantities.

               2.   The  United States  Department of Health,  Education and Welfare's
          published information on  air  pollution  control  techniques and technology
          and  costs of  emission control which  provides data  on the economic feasibility
          of methods of prevention  and  control of air  contamination and cost-effective-
          ness analyses.

               3.   Evidence presented at  public hearing.
               4.   A policy of  non-degradation wherein the  objective of ambient air
          quality standards is  to provide a basis for  preventing, or abating the  effects
          of air pollution  including  effects on health,  esthetics, and economy.   Since
          their objective is to improve air quality, the standards should not be  inter-
          preted as permitting, encouraging or condoning degradation of the present air
          quality which is  superior to  that stipulated in the  standards.


(9.0)     5-302 AIR MONITORING

               The  location of  the  monitoring  stations,  the  method and frequency  of
          sample collection, and the  analytical procedures  to  be  followed in the
          determination of  the  concentration of contaminants in the ambient air shall
          be as may be  acceptable to  the  Agency of Environmental  Conservation.

(4.0)     5-303 STANDARDS

               1.   Application

                   The  presence in  the  ambient air space of contaminants in concentra-
          tions and durations exceeding these  standards  shall  be  deemed air pollution.

               2.   Total Suspended  Particulates (T.S.P.)

               a.   Total suspended  particulates shall  be reported as ug/M   (micrograms
          per  cubic meter)  of air and shall  be determined by the  High  Volume Air
          Sampling  Procedure.*

                 * United  States Public  Health Service  "Air Pollution Measurements
                    of  the  National Air Sampling  Network",  P.H.S. Publication 978,
                    U.S. Govt.  Printing Office, Wash., D. C.

               b.   The  annual geometric average shall  not exceed  45 ug/M .


                                               -22-

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     c.  The daily amount of total suspended participates shall not exceed
125 ug/M3.

     3.  Sulfur Dioxide (SQ2)

     a.  Sulfur dioxide concentrations shall be reported as ug/M  (micrograms
per cubic meter)  as determined by the Modified West-Gaeke Procedure* and/or
pulse fluorescent method****

     b.  The annual average shall not exceed 57ug/M  (0.02 parts per million)

     c.  The daily average concentration shall  not exceed 150 ug/M  (0.05
parts per million).

     d.  The hourly concentration shall not exceed 285 ug/M  (0.10 parts per
million).

     4.  Carbon Monoxide (CO)

     a.  Carbon Monoxide concentrations shall be reported as mg/M  (Milligrams
per cubic meter) as determined by nondispersive infrared (NDIR) Procedures.**
                                                                   o
     b.  Concentrations of carbon monoxide shall not exceed 10 mg/M  (8.7
parts per million)for any consecutive eight hour period.

     5.  Photochemical  Oxidants

     a.  Photochemical  oxidant concentrations shall be reported as ug/M
(micrograms per cubic meter) as determined by the Chemiluminescence Test
Procedure.***

     b.  The hourly concentration shall not exceed 118 ug/M  (0.06 parts
per million).

        * Scaringelli,  F. P. Saltzman, V. E. & FRAY, S. A.,
         "Spectrophotometric Determination of Atmospheric Sulfur",
          Analytical Chemistry XXXIX (Dec. 1967) pp 1709-19.

       ** Intersociety Committee, Subcommittee IV on Carbon Compounds,
          Health Laboratory Science (January Supplement, 1970) p. 81-86.

      *** Federal Register Vol. 36, No. 228, Part 50, Appendix D.

     **** Federal Register Vol. 41, page 8531 Feb. 27, 1976.

     6.  Hydrocarbons  (HC)

         A primary ambient air quality standard for hydrocarbons is not being
proposed at this time based on the following reasons:

     a.  There is an inferred inconsistency in the Hydrocarbon criteria
document* between the method for continuous monitoring and the standard
which seems to be acceptable to the Environmental Protection Agency.
Routine continuous measuring of hydrocarbons have utilized the measurement
of total hydrocarbon while the criteria suggests a standard for nonmethane
hydrocarbons.
                                     -23-

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   b.  Recent amendment to the Federal Clean Air Act (December 31, 1970)
places the onus of adopting an ambient air quality standard for hydrocarbon
on the Administrator of the Federal  Environmental Protection Agency within
120 days of the enactment of the Clean Air Act.

   c.  In order to maintain the primary standard for oxidant, it will be
necessary to limit the hydrocarbon concentration to levels much below any
level which gives rise directly to health effects.

*  Air Quality Criteria for Hydrocarbons, U. S. Department of Health,
   Education and Welfare, March 1970.
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                           SUBCHAPTER IV.  OPERATIONS AND PROCEDURES
(2.0)       5-401  INDUSTRIES CLASSIFIED
                The following activities are hereby classified as air contaminant
           sources if they do or may result in the discharge or emission  of solid,
           liquid or gaseous wastes into the atmosphere.
                1.  Petroleum and petro-chemical development, processing  and marketing
                2.  Industrial chemical manufacturing and processing
                3.  Paints and related materials, manufacturing and handling and
           application
                4.  Plastic, rubber and resin processing
                5.  Metal melting and reclaiming
                6.  Metal fabricating
                7.  Surface finishing and coating
                8.  Mineral, development and processing, including mining and quarrying
           and  product application, including refuse
                9.  Woodworking, furniture manufacturing, sawmills, including refuse
                10.  Food processing
                11.  Inedible animal and vegetable byproduct processing
                12.  Commercial, industrial, recreational, lodging, public and other
           buildings
                13.  Commercial activities
                14.  Governmental activities
                15.  Vehicle manufacturing and servicing facilities
                16.  Textile, fabric, fiber, monofilament manufacturing and processing
                17.  Public utilities
113.0)      5-402  WRITTEN REPORTS WHEN REQUESTED
                The Air Pollution Control Officer may require written reports from the
           person operating or responsible for any air contaminant source, which reports
           shall  include the location, siting information, size and height of contaminant
           outlets, processes employed, pertinent process and material flow, fuels used,
           nature and amount and time periods or duration of emissions and such other
                                               -25-

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         information relevant to air pollution potential of a contaminant source
         and available or reasonably capable of being assembled as determined
         necessary and requested by said Officer.  This information may also include
         the use of source test reports as required in Section 5-404.  New point
         sources greater than one hundred tons per year of all pollutants would be
         required to submit information on their impact on the ambient air quality
         standards.

(2.0)     5-403  CIRCUMVENTION

              No person shall build, erect, install or use any article, machine,
         equipment or other contrivances, the use of which, without resulting in a
         reduction in the total release of air contaminants to the atmosphere,
         reduced or conceals an emission which otherwise would constitute a violation
         of these regulations.

(9.0)     5-404  PROVISIONS OF SAMPLING & TESTING FACILITIES

              1.  Whenever the Air Pollution Control Officer has reason to believe
         that the emission limits of these regulations are being violated, it may
         require the owner to conduct tests to determine the particulate matter
         emission level, which tests shall include stack tests if circumstances so
         demand.  The Air Pollution Control Officer may require that such tests be
         conducted in the presence of representatives of the Agency.

              2.  Should the Air Pollution Control Officer wish to conduct tests
         of his own to determine compliance with the emission limits of these
         regulations, the owner shall provide at no expense to the State of Vermont,
         reasonable and necessary openings in stacks, vents and ducts, along with safe
         and easy access thereto, including a suitable power source to the point of
         testing.

              3.  The Air Pollution Control Officer shall be supplied with such data
         as it may require to establish test conditions.

(9.0)     5-405  REQUIRED AIR MONITORING

              The Air Pollution Control Officer may require the owner or operator of
         any air contaminant source to install, use and maintain such monitoring
         equipment and records, establish and maintain such records, and make such
         periodic emission reports as the Officer shall prescribe.

(9.0)     5-406  TESTING PROCEDURES

              The method, or any conditions associated with the method, for source
         testing or air monitoring must be approved by the Air Pollution Control
         Officer.

(2.0)     5-407  ADDITIONAL CONTAMINANT CONTROL INFORMATION NEEDED PRIOR TO
                CONSTRUCTION

              1.  No person shall cause, suffer, allow or permit the new construction,
         modification, or alteration of any installation provided for in Section 5-408
                                               -26-

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         without  first  notifying  the State Air Pollution Control Agency of his
         intentions  to  construct  or modify a stationary air contaminant source speci-
         fied  in  Section  5-408.   Within  15 days of the receipt of the notice, the State
         Air Pollution  Control Agency may require as a condition precedent to the
         construction installation or modification of the said source, additional
         information that it  deems necessary in order to determine whether the
         proposed construction installation or modification will be in accordance
         with  its applicable  rules in force pursuant to this Act.

              2.   Within  30 days  after the receipt of complete plans, specifications
         or other information required pursuant to the Act, the Air Pollution Control
         Officer  shall  determine  if the  proposed construction or installation is in
         accord with the  requirements of the regulations or applicable rules and
         shall issue an order approving  or prohibiting the construction or modifica-
         tion  of  the said air contaminant source,  or give approval upon the fulfill-
         ment  of  specific conditions.  Failure of the Agency of Environmental
         Conservation to  issue an order  within the time prescribed herein shall
         redeem the  determination that the construction, installation, modification
         of the establishment may proceed provided that it is in accordance with the
         plans, specifications or other  information, if any, required to be submitted.

              3.   Nothing in  this section shall be construed that, by the order or
         the  lack of an order the affected facility is relieved from any performance
         standards which  are  specified by regulations or with any other provision of
         the  law.

              4.   If the  new  construction or modification of the source will result
         in a  violation of the applicable plans of the control strategy or will
         interfere with the attainment or maintenance of a national air quality
         standard, the  Environmental  Conservation Agency will issue an order
         preventing  the construction, installation, or modification of said source.

(13.0)    5-408   INSTALLATIONS REQUIRING THAT  INFORMATION BE SUBMITTED TO THE STATE
                 AIR POLLUTION CONTROL AGENCY  PRIOR TO CONSTRUCTION

              The following types of  installations are required  to submit to the State
         Air  Pollution  Control Agency information regarding the air pollution potential
         of  their proposed new construction, new installation, or modification:
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               1.  Incinerators.

               2.  Asphalt hot-mix batching plants

               3.  Extraction Mineral Industry

               4.  Operations handling or transferring sand or dust producing materials

               5.  Chemical processes

               6.  Electrical power generation facilities

               7.  Petroleum or petrol chemical development processing or marketing

               8.  Inedible animal by-product processes

               9.  Woodwork, furniture manufacturing

              10.  Mineral product industries including quarrying operations

              11.  Fuel burning installations greater than 10 million BTU's per hour
           rated heat input

              12.  Leather tanning and finishing

              13.  Metal reclamation furnaces

              14.  Kraft Pulping Industry

              15.  Any other installation that would be required to meet Federal
           standards of performance for new stationary sources pursuant to Section
           III of the Federal Clean Air Act, (December 31, 1970) as amended.

              16.  Such sources as the Air Pollution Control Officer may require

(2.0)       5-409  CONSOLIDATION OF APPLICATIONS

                In the event a person proposes to build, erect, alter, replace, sell
           or rent any stationary air contaminant source specified by regulation and
           subject to this Act and Act No. 250 of the Acts of 1969 (Adjourned Session
           1970) required such person to make application to, and receive a permit
           from, a District Environmental Commission in accordance with Regulations
           of the Environmental Board, such person may consolidate his application for
           additional air contaminant information herein with his application for a
           permit under No. 250 provided that such application contains all such
           information and documentation as is required herein and subject to the same
           restrictions and conditions that are, or may be, imposed herein; in such
           event, the Division of Protection will  review such application in accord-
           ance with these regulations and shall inform the District Commission
           whether, and upon what conditions, a permit should be issued insofar as
           these regulations, duly promulgated by this Act, have been satisfied.
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(51.21)     5-420  PROCEDURES FOR LOCAL AUTHORITIES TO BURN NATURAL WOOD

               The legislative branch of a municipality  (selectmen or city council)
           may authorize the burning of natural wood and chemically untreated wood
           at a place within the municipality.  The burning of such wood shall be
           conducted under the direction and at such times as the fire warden for that
           municipality determines.  If the selectmen or city council intends to
           exercise this option to burn natural wood, the selectmen or city council
           shall notify the Secretary of the location of the site to be utilized
           for the public disposal of natural wood by open burning.  Prior to burning
           of any material at this site, the Secretary shall certify in writing that
           this site is the one place within the municipality that will be used for
           the open burning of natural wood.
           SUBCHAPTER V.  MOTOR VEHICLE EMISSIONS


(2.0)      5-501  REMOVAL OF CONTROL DEVICES

               No person shall remove, alter or otherwise render inoperative, the
           exhaust emission control system, the evaporative control system, or crank-
           case ventilation, or any other air pollution control device which has been
           installed as a requirement of the Federal or State laws or regulations.

(12.0)     5.502  EXCESSIVE SMOKE  EMISSIONS FROM MOTOR VEHICLES

               No person shall cause, suffer, allow, or permit excessive emissions
           of visible air contaminants, other than water, from a motor vehicle for
           longer than five (5) consecutive seconds.
                                              -29-

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                       Industrial  Process  Weight  Standards

                                     TABLE I


  Process            Maximum Weight            Process            Maximum Weight
Wt/hr (Ibs)          Disch/hr (Ibs)          Wt/hr  (Ibs)          Disch/hr  (Ibs)

     50                    .24                   3400                  5.44
    100                    .46                   3500                  5.52
    150                    .66
    200                    .85                   3600                  5.61
    250                   1.03                   3700                  5.69
    300                   1.20                   3800                  5.77
    350                   1.35                   3900                  5.85
    400                   1.50                   4000                  5.93
    450                   1.63
    500                   1.77                   4100                  6.01
                                                 4200                  6.08
    550                   1.89                   4300                  6.15
    600                   2.01                   4400                  6.22
    650                   2.12                   4500                  6.30
    700                   2.24
    750                   2.34                   4600                  6.37
    800                   2.43                   4700                  6.45
    850                   2.53                   4800                  6.52
    900                   2.62                   4900                  6.60
    950                   2.72                   5000                  6.67
   1000                   2.80
   1100                   2.97                   5500                  7.03
   1200                   3.12                   6000                  7.37
   1300                   3.26                   6500                  7.71
   1400                   3.40                   7000                  8.05
   1500                   3.54       "            7500                  8.39
   1600                   3.66                   8000                  8.71
   1700                   3.79                   8500                  9.03
   1800                   3.91                   9000                  9.36
   1900                   4.03                   9500                  9.67
   2000                   4.14
                                                 10000                  10.0
   2100                   4.24                   11000                  10.63
   2200                   4.34                   12000                  11.28
   2300                   4.44                   13000                  11.89
   2400                   4.55                   14000                  12.50
   2500                   4.64                   15000                  13.13

   2600                   4.74                   16000                  13.74
   2700                   4.84                   17000                  14.36
   2800                   4.92                   18000                  14.97
   2900                   5.02                   19000                  15.58
   3000                   5.10                   20000                  16.19
                                                 30000                  22.22
   3100                   5.18                   40000                  28.3
   3200                   5.27                   50000                  34.3
   3300                   5.36                   60000                  40.0
                                                or More
                                       -30-

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                               FIGURE 1 - FUEL BURNING EQUIPMENT
       l.UO
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ui  o
o  tn
i—  -a

£  §
<€  O
a.  a.
       0.01
                                                        100.0
1000.0
                                       TOTAL ENERGY INPUT


                                     millions of BTU's/hour
                                      ••-31-

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FEDERALLY PROMULGATED



    REGULATIONS
          -32-

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(14.0)      52.2374    GENERAL REQUIREMENTS

                (b)   REGULATION FOR PUBLIC AVAILABILITY OF EMISSION DATA

                (1)   Any person who cannot obtain emission data from the Agency
           responsible for making emission data available to the public, as speci-
           fied in the applicable plan, concerning emissions from any source subject
           to emission limitations which are part of the approved plan may request
           that the appropriate Regional Administrator obtain and make public such
           data.  Within 30 days after receipt of any such written request, the
           Regional Administrator shall require the owner or operator of any such
           source to submit information within 30 days on the nature and amounts of
           emissions from such source and any other information as may be deemed
           necessary by the Regional Administrator to determine whether such source
           is in compliance with applicable emission limitations or other control
           measures that are part of the applicable plan.

                (2)   Commencing after the initial notification by the Regional
           Administrator pursuant to paragraph (b) (1) of this section, the owner
           or operator of the source shall maintain records of the nature and amounts
           of emissions from such source and any other information as may be deemed
           necessary by the Regional Administration to determine whether such source
           is in compliance with applicable emission limitations or other control
           measures that are part of the plan.  The information recorded shall be
           summarized and reported to the Regional Administrator, on forms furnished
           by the Regional Administrator, and shall be submitted within 45 days after
           the end of the reporting period.  Reporting periods are January I—June 30
           and July 1— December 31.

                (3)   Information recorded by the owner or operator and copies of
           this summarizing report submitted to the Regional Administrator shall be
           retained by the owner or operator for 2 years after the date on which the
           pertinent report is submitted.

                (4)   Emission data obtained from owners or operators of stationary
           sources will be correlated with applicable emission limitations and
           other control measures that are part of the applicable plan and will be
           available at the appropriate regional office and at other locations in
           the state designated by the Regional Administrator.
                                              -33-

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(10.0)   52.2377    Review  of  New  or Modified  Indirect Sources

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

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

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

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial  and industrial facilities.

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

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)  Education facilities.

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

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

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

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

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

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

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

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

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

     (i)     In  an SMSA:

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

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

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

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

     (ii)    Outside  an SMSA:

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

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

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

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

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

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

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

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

             (a)   The  name and  address  of the  applicant.

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

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

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

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

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

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

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

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

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

        (c)   Expected passenger loadings at the airport.

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

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     (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   .rces other than airports and those high-
             way  projects suoject 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
                            -38-

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             published by  the  Environmental  Protection Agency which
             relate  traffic  demand and capacity considerations to am-
             bient carbon  monoxide impact,  by  use of appropriate at-
             mospheric diffusion models  (examples of which are refer-
             enced in Appendix 0 to  Part 51  of this chapter), and/or
             by  any  other  reliable analytic method.  The  applicant
             may (but need not) submit with his application, the re-
             sults of an appropriate diffusion model and/or any other
             reliable analytic method, along with the  technical data
             and information supporting  such results.  Any such results
             and supporting  data submitted  by  the applicant shall be
             considered by the Administrator in making his determina-
             tion pursuant to paragraph  (b) (4)  (i)  (b) of this sec-
             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
                            -39-

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

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

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

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

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

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

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

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the  applicant and to officials
             and agencies having cognizance over the location where
             the indirect source will be situated,  as follows:   State
             and local air pollution  control agencies, the chief exec-
             utive of the city and county;  any comprehensive  regional
                            -40-

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            land use planning agency;  and for hignways, 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
                            -41-

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

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

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

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

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

(13)   Approval to  construct or modify  shall not relieve  any owner or
      operator of the responsibility to comply with  the  control  strategy
      and all  local, State  and Federal  regulations which are  part of  the
      applicable State implementation  plan.

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(14)   Where the Administrator delegates  the responsibility for imple-
      menting the procedures for conducting indirect source review pur-
      suant to this paragraph to any agency, other than a regional of-
      fice of the Environmental  Protection Agency, the following pro-
      visions shall apply:

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July  3,
       1975;  40 FR 40160, Sept. 2,' 1975)
                              -43-

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(17.0)   52.2380   Prevention  of Significant Deterioration

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

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

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

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

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

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

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

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

           (c)  Area designation and deterioration increment

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

             	Area Designations	

                  Pollutant                      Class  I       Class  II
                                                 (ug/m3)       (ug/m3)
             Particulate matter:
               Annual geometric mean 	        5            10
               24-hr maximum	       10            30
             Sulfur dioxide:
               Annual arithmetic mean 	        2            15
               24-hr maximum	        5           100
                3-hr maximum	       25           700
     (ii)    For purposes of this paragraph, areas designated as Class
             III shall be limited to concentrations'of "parti cul ate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(vi)     The  Administrator shall approve,  within 90 days,  any re-
        designation  proposed pursuant to this subparagraph  as
        fol1ows:

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

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

        (c)   Any redesignation submitted pursuant to subdivision
             (v) of this subparagraph shall be approved unless he
             determines  (1)  that the requirements of subdivision
             (v) of this subparagraph have not been complied with,
             or  (2)   that the  Indian  Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations  set forth  in subparagraph (3) (ii) (d)  of this
             paragraph.
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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall  be  approved only  after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian  Governing Bodies  and  from the
                      public on the proposal.

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

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

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

(d)   Review of new sources

     (1)   The provisions of this paragraph  have  been incorporated by refer-
          ence into the  applicable implementation  plans  for various States,
          as provided in 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
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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (ii1)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per  24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke  Oven Batteries.
    (xv)    Sulfur Recovery  Plants.
    (xvi)   Carbon Black  Plants (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xviii) Fuel Conversion  Plants.
    (xix)   Ferroalloy production  facilities commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence construction  or  modification
    of a  source subject to this paragraph unless  the  Administrator  de-
    termines  that, on  the basis of  information  submitted pursuant to
    subparagraph  (3) of this  paragraph:
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     (i)     The effect on air quality concentration of the source or
            modified source, in conjunction with the effects of growth
            and reduction in emissions after January 1, 1975, of other
            sources in the area affected by the proposed source, will
            not violate the air quality increments applicable in the
            area where the source will be located nor the air quality
            increments applicable in any other areas.  The analysis of
            emissions growth and reduction after January 1, 1975, of
            other sources in the areas affected by the proposed source
            shall include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of 1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

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

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

(3)   In making the determinations required by paragraph (d)  (2) of this
     section, the Administrator shall, as a minimum, require the owner
     or operator  of the source subject to this paragraph to submit:
     site information,  plans, description, specifications, and drawings
     showing the  design of  the source;  information necessary to de-
     termine the  impact that the construction or modification will have
     on sulfur dioxide  and  particulate matter air quality levels;  and
     any other  information  necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the  owner  or operator of the source shall provide informa-
     tion on the  nature and extent of general commercial, residential,
     industrial,  and other  growth which has occurred  in the area af-
     fected by  the source's emissions  (such area to be specified by  the
                            -50-

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         Administrator) since January 1, 1975.

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

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

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

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

(e)   Procedures  for public participation

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

          (ii)   Within  30 days after receipt of  a  complete application,
                  the Administrator shall:
                                -51-

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        (a)   Make a  preliminary  determination  whether the  source
             should  be approved, approved  with conditions,  or  dis-
             approved.

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

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

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

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

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

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

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

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

(f)  Delegation of authority

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

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

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

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

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

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