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.
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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.
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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.
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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
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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.
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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.
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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,
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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.
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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
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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.
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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 .
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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.
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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
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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
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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.
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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
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FIGURE 1 - FUEL BURNING EQUIPMENT
l.UO
S C
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
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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.
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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.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(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
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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
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for 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
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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.
-------
(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2,' 1975)
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(17.0) 52.2380 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
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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
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
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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