U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 297
Air Pollution Regulations in  State
Implementation  Plans:  West Virginia
Abcor Inc, Wilmington, MA  Walden Div
 Prepared for

 Environmental Protection Agency, Research Triangle Park, NC


 Aug 78

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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290297

EPA-450/3-78-098
August 1978
Air
      Pollution Regulations
in State  Implementation
Plans:
West  Virginia
        REPRODUCED BY

        NATIONAL TECHNICAL

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

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                                  TECHNICAL REPORT DATA
                           (Please read /attractions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-098
4. Tl Tl t AND SUHTI1 I t.
 Air Pollution Regulations  in  State Implementation i
 Plans:  West Virginia
             3. RECIPIENT'S ACCESSION-NO.
             .PA^JI.O. .^4 7..
             (i. REPOHr I1ATF
              AuG.Mit .1978.	
             6. PE~RFO~RMING ORGANIZATION coot
7. AD I'MOH(S)
                                                          8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
  Control  Programs Development  Division
  Office of Air Quality Planning  and  Standards
  Office of Air, Noise, and  Radiation
  Research Triangle Park, NC  27711	
                                                          10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.
                                                            68-02-2890
                                                           13. TYPE OF REPORT AND PERIOD COVERED
             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.
                               KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
 5. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS C.  COSATI Field/Group
19. SECURITY CLASS (This Report/
   Unclassified	
                                             20. SECURITY CLASS (Thispage)

                                                Unclassi
21.


22. PRICE
                                      /HF
                                       P>&\
EPA Form 2220-1 (9-73)

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                                 EPA-450/3-78-098
    Air Pollution Regulations
in  State Implementation  Plans

                West Virginia
                        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

                              '•'PI

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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-450/3-78-098
                                  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 1377 Clean Air Act Amendments, indirect source regulations  may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable  SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore,  the
Federally promulgated indirect source regulations appearing in  this
document are not enforceable by EPA except as they relate to Federal
facilities.

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

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

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

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

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                        SUMMARY SHEET
Submi ttal  Date
  11/14/73
  6/17/74
  11/8/74

  3/16/76
              Of
EPA - APPROVED REGULATION CHANGES

           Approval  Date
             8/28/74
             11/10/75
             11/10/75

             11/19/76
Descri ption
Regulation X
Regulation XIII
Regulation II
  and VII
Regulation VIII
(Delete 3.01(a))
  Section Number
  52.2524
  52.2528
                           FEDERAL
             Description
             Federal Compliance Schedule
             Regulation for 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 Stan-
dard Subject
Index
(51.5)
(1.0)
(50.1.2)
(50.1.1)
(50.1)
(51.5)
(3.0)
(3.0)
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(51.8)
(i.o)
(50.1.2)
STATE
Regulation-
Section
Number
Regulation II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation III
Section 1
Section 2
REGULATIONS
Title
To Prevent and Control Parti -
culate Air Pollution From Com-
bustion of Fuel in Indirect
Heat Exchanges
Definitions
Emissions of Smoke and/or
Particulate Matter Prohibited
and Standards of Measurement
Weight Emission Standards
Control of Fugitive Parti-
culate Matter
Registration
Permits
Reports and Testing
Compliance Programs and
Schedules '
Variance
Exceptions
To Prevent and Control Air
Pollution From the Operation
of Hot Mix Asphalt Plants
Definitions
Emission of Smoke Prohibit
Page
Number
1
1
3
5
7
8
8
9
10
11
11
12
12
13
       ted and Standards of Measure-
       ment
          VIM

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Revised Stan-
dard Subject
   Index
  (50.1)
  (51.5)
   (3.0)
   (3.0)
  (13.0)
   (9.0)
   (5.0)
   (2.0)
  (51.2)
   (1.0)
  (50.1.2)

  (51.2)
  (51.2)

  (51.2)

   (3.0)
   (3.0)
  (13.0)
   (9,0)
   (5.0)
Regulation-
 Section
  Number
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Regulation V


Section 1
Section 2
Section 3
Section 4

Section 5

Section 6
Section 7
Section 8

Section 9
          Title
Control  and Prohibition of
Particulate Emission
Registration
Permits
Reports
Variance
Effective Date
To Prevent and Control Air
Pollution From the Operation
of Coal  Preparation Plants and
Coal Handling Operations
Definitions
Emission of Smoke Prohibited
and Standards of Measurement
Control  and Prohibition of
Particulate Emissions From
Coal Thermal Drying Opera-
tions of a Coal Preparation
Plant
Control  and Prohibitions of
Particulate
Emissions From an Air Table
Operation of a Coal Prepara-
tion Plant
Registration
Permits
Reports  and Testing
Variance
 Page
Number
 14
 15
 15
 16
 16
 17
 18
 18
 20
 20
 22

 22

 23
 23
 24

 24
                                        IX

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Revised Stan-
dard Subject
Index
(2.0)
(51.9)
(2.0)
d.o)
(51.13)
(51.9)
(3.0)
(51.9)
(13.0)
(9.0)
(5.0)
(2.0)
(51.21)
(1.0)
(50.1.2)
(50.1.1)
(50.1)
(3.0)
Regulation-
Section
Number
Section 10
Regulation VI
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Regulation VII
Section 1
Section 2
Section 3
Section 4
Section 5
                                 Page
          Title                 Number
Effective Date                   25
To Prevent and Control Air       26
Pollution From Combustion
of Refuse
Intent and Purpose               26
Definitions                      26
Open Burning Prohibited          28
Emission Standards for           29
Incinerators and Incinera-
tion
Registration                     30
New INcinerator Plan Review      31
Reports and Testing       .       31

Variances                        32
Effective Date                   32
To Prevent and Control Parti-    33
culate Air Pollution From
Manufacturing Process Opera-
tions
Definitions                      33
Emission of Smoke Prohibited     36
and Standards of Measurements
Control and Prohibition          37
of Particu.late Emissions
by Weight From Manufacturing
Process Source Operations
Control of Fugitive Parti-       42
late Matter
Registration                     43

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Revised Stan-
dard Subject
Index
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(2.0)
(4.1)
(4.2)
(2.0)
(1.0)
(4.1)
(4.2)
(9.0)
(2.0)
(4.4)
(4.5)
(4.6)
(2.0)
(i.o)
(4.4)
(4.5)
(4.6)
(9.0)
(2.0)
Regulation-
Section
Number
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation VIII
Section 1
Section 2
Section 3
Section 4
Section 6
Regulation IX
Section 1
Section 2
Section 3
Section 4
Section 5
                                 Page
          Title                 Number
Reports and Testing              43

Compliance Programs and          44
Schedules
.Variance                         44
Exemptions                       44
Effective Date                   44
Ambient Air Quality Stan-        45
dards For Sulfur Oxides
and Particulate Matter
Anti-Degradation Policy          45
Definitions                      45
Ambient Air Quality Stan-        46
dards
Methods of Measurement           47
Effective Date                   47
Ambient Air Quality Stan-        48
dards For Carbon Monoxide,
Non-Methane Hydrocarbons and
Photochemical Oxidants
Anti-Degradation Policy          48
Definitions                      48
Ambient Air Quality Stan-        49
dards

Methods of Measurement           50
Effective Date                   50
    XI

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Revised Stan-
dard Subject
   Index
  (50.2)
Regulation-
 Section
  Number
Regulation X
   (2.0)        Section 1
   (1.0)        Section 2
  (51.6)        Section 3
(3.0)
(3.0)
(13.0)
(9.0)
(6.0)
(5.0)
(2.0)
(2.0)
(8.0)
(2.0)
(i.o)
(8.0)
(9.0)
(8.0)
(8.0)
(8.0)
(16.0)
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Regulation XI
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
                                 Page
          Title                 Number
To Prevent and Control Air       51
Pollution From the Emission
Sulfur Oxides
Intent and Purpose               51
Definitions                      51
Sulfur Dioxide Weight Emis-      54
sions Standards for Fuel
Burning Units
Registration                     57
Permits                          58
Reports and Testing              58

Compliance Programs and          59
Schedules
Variance                         59
Exemptions and Recommendations   60
Effective Date                   61
Prevention of Air Pollution      62
Emergency Episodes
Intent and Purpose               62
Definitions                      62
Episode Criteria                 64
Methods of Measurement           68
Preplanned Reduciton Strategies  69
Emission Reduction Strategies    70
Air Pollution Emergencies;       80
Contents of Order; Hearings;
Appeals.
                                     XII

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Revised Stan-
dard Subject
Index
(2.0)
(4.3)
(2.0)
(1.0)
(4.3)
(9.0)
(2.0)
(3.0)
(2.0)
(1.0)
(3.0)
(13.0)
(3.0)
(13.0)
Regulation-
Section
Number
Section 8
Regulation XII
Section I
Section 2
Section 3
Section 4
Section 5
Regulation XIII
Section 1
Section 2
Section 3
Section 4
(6.0)
Section 5
                                 Page
          Title                 Number

Effective Date                   81

Ambient Air Quality Stan-        82
dard For Nitrogen Dioxide

Anti-Degradation Policy          82

Definitions                      82

Ambient Air Quality Standard     83

Methods of Measurement           83

Effective Date                   83

Permits For Construction,        84
Modification, or Relocation
of Stationary Sources of Air
Pollutants and Procedures
For Registration and Evalu-
ation

Intent and Purpose               84

Definitons                       84

Registration and Report          88
Requirements For Direct
Affected Sources on which
Construction, Modification
or Relocation Commenced Prior
To the Effective Date of this
Regulation.

Permit Application and Report    89
Requirements for Direct and/or
Indirect Affected Sources on
which Construcion, Modification
or Relocation is Commenced After
the Effecive Date of this Regu-
lation.

Determination of Compliance of   90
Direct Affected Sources with
Commission Rules and Regulations
                                  XIII

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Revised Stan-
dard Subject
   Index

  (14.0)
  (14.0)
Regulation-
 Section
  Number

Section 6


Section 7
(14.0)
(3.0)
(2.0)
(2.0)
Section 8
Section 9
Section 10
Section 11
                                 Page
          Title                 Number

Public Review Procedures for     91
Direct Affected Sources

Public Review Procedures For     91
Indirect Affected Sources

Public Meetings                  92

Permit Transfer, Cancellation,   92
and Responsibility

Conflict with Other Rules        93
or Regulations

Effective Date                   93
                    FEDERALLY PROMULGATED REGULATIONS
Revised Stan-
dard Subject
Index
(6.0)
(17.0)
Section
Number
52.2524
52.2528
                                             Title

                                   Federal  Compliance Schedule

                                   Prevention of Significant
                                   Deterioration
                                                    Page
                                                   Number

                                                    95

                                                   100
                                      XIV

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(51.5)                              REGULATION  II


                   TO PREVENT AND CONTROL  PARTICULATE  AIR  POLLUTION

                  FROM COMBUSTION OF  FUEL  IN  INDIRECT  HEAT EXCHANGERS

(1.0)     Section 1.       Definitions.

             1.01.   "Air Pollution",   'statutory  air pollution',  shall  have  the
                    meaning ascribed  to it in  Section  Two  of Chapter Sixteen,
                    Article Twenty of the  Code of West Virginia,  as amended.

             1.02.   "Air Pollutants"  shall mean solids, liquids,  or gases
                    which,  if discharged into  the air, may result in a
                    statutory air pollution.

             1.03.   "Commission"  shall  mean the West Virginia Air Pollution
                    Control Commission.

             1.04.   "Director" shall  mean  the  Director of  the West Virginia
                    Air Pollution Control  Commission.

             1.05.   "Person" shall mean any and all persons, natural or
                    artificial, including  any  municipal, public  or private
                    corporation organized  or existing  under the  laws of this
                    or any other state or  county, and  any  firm,  partnership,
                    or association of whatever nature.

             l.|06.   "Fuel  Burning Unit" shall  mean and include any furnace,
                    boiler apparatus, device,  mechanism, stack,  or structure
                    used in the process of burning fuel or other combustible
                    material for the  primary purpose of producing heat  or
                    power by indirect heat transfer.   For  the purposes  of  this
                    regulation, all fuel burning  units are classified  in the
                    following categories:

                    (a)  Type 'a' shall mean any  fuel  burning unit which has
                         as its primary purpose the generation of steam or
                         other vapor  to produce electric power for sale*

                    (b)  Type 'b1 shall mean any  fuel  burning unit not  class-
                         ified as a Type 'a'  of Type  'c1 unit such as  in-
                         dustrial pulverized fuel-fired furnaces, cyclone
                         furnaces, gas-fired and  liquid-fuel-fired units.

                    (c)  Type 'c' shall mean any  hand-fired or stoker-fired
                         fuel burning unit not classified  as a Type  'a' unit.

             1.07.   "Similar Unit(s)" shall mean  all Type  'a1, or all Type  'b',
                    or all  Type 'c1 fuel burning  units located at one  plant.
                                              -1-

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1.08.   "Fuel" shall, mean any form of combustible matter (solid,
       liquid, vapor, or gas) that is used as a source of heat.

1.09.   "Particulate Matter" shall mean any material  except
       uncombined water that exists in a finely divided form
       as a liquid or solid.

1.10.   "Smoke" shall mean small  gasborne and airborne particulate
       matter arising from a process of combustion in sufficient
       number to be visible.

1.11.   "Ringelmann Smoke Chart"  shall be the Ringelmann's Scale
       for Grading the Density of Smoke published by the U.S.
       Bureau of Mines, or any chart, recorder, indicator, or
       device which is a standardized method for the measurement
       of smoke density which is approved by the Commission as
       the equivalent of said Ringelmann's Scale.

1.12.   "Plant" shall mean and include all fuel  burning units,
       source operations, equipment, and grounds utilized in
       an integral complex.

1.13.   "Fugitive Particulate Matter" shall mean any and all
       particulate matter generated by any operation involving
       or associated with the combustion of fuel in fuel burning
       units which, if not confined, would be emitted directly
       into the open air from points other than a stack outlet.

1.14.   "Fugitive Particulate Matter Control System" shall mean
       any equipment of method used to confine, collect, or
       dispose of fugitive particulate matter,  including, but
       not limited to, hoods, bins, duct work,  fans, and air
       pollution control equipment.

1.15.   "Air Pollution Control Equipment" shall  mean any equipment
       used for collecting or confining particulate matter for
       the purpose of preventing or reducing the emission of
       air pollutant into the open air.

1.16.   "Stack", for the purposed of this regulation, shall mean,
       but not be limited to, any duct, control equipment exhaust,
       or similar apparatus, which vents gases  and/or particulate
       matter into the open air.

1.17.   "Kanawha Valley Air Basin" shall mean that area starting
       at the junction of the Gauley and New Rivers and
       terminating at the center of the Winfield Locks and
       extending a distance of three (3) statute miles, measured
       horizontally, with no reference to terrain, on each side
       of the center line of the Kanawha River.
                                  -2-

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(50.1.2)    Section 2.
Emissions of Smoke and/or Particulate Matter
Prohibited and Standards of Measurement.
               2.01.  Visible Emission Requirements for Fuel Burning Units Not
                      Meeting the Requirements of Section 3, Weight Emission
                      Standards.

                      No  person  shall cause, suffer, allow, or permit emission
                      of  smoke into the open air from any fuel burning unit
                      which  is in excess of the Rlngelmann  limitations
                      specified  in the following tables for the designated
                      areas  and  time  periods:

                      (a)  From  March 15,  1972, until September 1, 1972,
                           smoke which is  as dark as or darker than:
Areas of
State
Kanawha Valley
Air Basin
All Other
Installation Date of
Fuel Burning Unit
Before April 4, 1966
After April 4, 1966
Ringelmann Limita-
tion? on Fuel Burn-
ing Units
2
i
NO LIMITATIONS
                       (b)   From September 1,  1972,  until  June  30,  1975,  smoke
                            which is as dark as or darker  than:
Areas of
State
All
Ringelmann Limitation
Burning Units
of Fuel
1
                       (c)  After June 30, 1975, smoke which is darker than:
Areas of
State
All
Ringelmann Limitation
Burning Units
of Fuel
0.5
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2.02   The provisions of Sub-Section 2.01 of this section shall
       not apply to smoke emitted during the cleaning of a fire
       box or soot blowing the shade or appearance of which is
       less than the Ringelmann number specified in the following
       table, for a period or periods aggregating no more than
       eight (8) minutes per fuel burning unit in any eight (8)
       hour period:
Sub-Sections
2.01 (a)
2.01 (b) and (c)
Ringelmann Number
3
2
2.03.  Visible Emission Requirements for Fuel Burning Units
       that Meet the Requirements of Section 3, Weight Emission
       Standards.

       No person shall  cause, suffer, allow, or permit emission
       of smoke into the open air from any fuel burning unit
       which is darker in shade or appearance than 0.5 Ringelmann
       or tern (10) percent opacity.

2.04.  The provisions of Sub-Section 2.02 shall not apply to
       smoke emitted during the cleaning of a fire box or soot
       blowing the shade or appearance of which is less than
       No. 1 Ringlemann or twenty (20) percent opacity for a
       period or periods aggregating no more than eight (8)
       minutes per fuel burning unit for any eight (8)-hour
       period.

2.05.  Realizing that with present technology the provisions of
       this section may, in some cases, be too restrictive
       to be applied to the building of a new fire in a fuel
       burning unit, the Commission may, upon specific application
       by the owner and/or operator of a fuel burning unit(s),
       grant exemptions to these provision.   However, in no case
       shall these exemptions exceed the limitations set forth
       in the following table:
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                         Type of Fuel
                         Burning Unit
                       Exemptions  Allowed  For  No More Than
                       Two  (2)  Hours  Per Start-Up Operation
                       Shall  Not  be as  Dark  or Darker in Shade
                       or Appearance  as:
                  Type  'a1  and Type  'b1
                  Type  'c'
                            No.  2 Ringelmann
                            (1)   For forty-five (45)  minutes
                            No.  3 Ringelmann

                            (2)   For the remaining  seventy-
                            five minutes No.  2 Ringelmann
(50.1.1)  Section 3

            3.01.
If such an exemption to the provisions of this section is
desired, an application in writing shall  be made to the
Director.  From time to time the Commission shall  review
such exemptions to determine if they are still warranted.
If the Commission revises or terminates an exemption the
owner and/or operator fo the affected fuel burning unit(s)
shall be notified by certified mail.  Such revisions or
terminations shall not become effective for at least
ninety (90) days after the receipt of notification by
the owner and/or operator.

     Weight Emission Standards

(a)  No person shall cause, suffer, allow, or permit
     the discharge of particulate matter into the open
     air from all fuel burning units located at one
     plant, measured in terms of pounds per hour in excess
     of the amount determined as follows:

     (1)  For Type  'a1 fuel fuming units, the product
          of 0.05 and the total design heat inputs for
          such units in million British Thermal Units
          (B.T.U.'s) per hour, provided however that
          no more than 1200 pounds per hour of particulate
          matter shall be discharge into the open air
          from all such units;

     (2)  For Type  'b' fuel burning units, the product
          of 0.09 and the total design heat inputs for
          such units in million B.T.U.'s per hour,
          provided however that no more than 600 pounds
          per hour of particulate matter shall be
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          discharged into the open air from all  such  units;
          and

     (3)   For Type 'c'  fuel  burning units,  in  excess  of
          the values listed  in the following table,
          provided however that no more than 300 pounds
          per hour of particulate matter shall  be
          discharged into the open air from all  such  units.
Table for Type 'c1 Units
Total Design Heat Input for all
Type 'c1 Fuel Burning Units
Located at One Plant in Millions
of B.T.U.'s Per Hour












10
20
40
60
80
100
200
400
600
3,333
Total Allowable Parti c-
ulate Matter Emission
Rate for All Type 'c'
Fuel Burning Units
Located at One Plant in
Pounds Per Hour
3.4
5.6
9.0
11.7
14.4
16.6
26.4
42.2
54.0
300.0











          For values between any two corresponding
          consecutive values listed in this table,
          linear interpolation is to be used for both
          columns.

(b)   Subject to the provisions of this regulation,  allowable
     emission rates for individual  stacks  shall  be  determined
     by the owner and/or operator and registered with the
     Commission at the request of,  and on  forms  provided
     by, the Director.   Such rates  shall be subject to
     review and approval by the Director.

     The approved set of individual stack  allowable
     emission rates shall  become an official part of
     the compliance schedule and/or any permits  concerning
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                         such  source(s), and shall not be changed without
                         the prior written approval of the Director.

                    (c)   If the  number of similar fuel burning units located
                         at one  plant, each of which  is meeting the require-
                         ments of this regulation, is expanded by the addition
                         of a  new unit(s), the total  allowable emission
                         rate  for the new unit(s) shall be determined by
                         the following formula.  However, the maximum
                         allowable emission rates given in Sub-Section 3.01(a)
                         are not to  be exceeded:
                              R
                               c
R
                                                        ct
                                                  Hct
H
               c
                    Where,
                         Rc is the total  allowable emission rate in pounds
                         per hour for the new fuel burning unit(s);
                             is the total  design  heat  input  in million  B.T.U.'s
                         per hour of the existing and  new similar units;

                         Ret is the total  allowable  emission rate in  pounds
                         per hour corresponding to Hct;
                         HC  is the total  design  heat  input  in million  B.T.U.'s
                         per hour for the new fuel  Burning  unit(s).


             3.02.        Addition of Sulfur Oxides  to Combustion  Unit  Exit
                         Gas Stream.

                    No person shall  cause, suffer,  allow, or permit  the
                    addition of sulfur oxides to a  combustion unit exit  gas
                    stream for the purpose of improving  control equipment
                    efficiency.   Such action shall  constitute a violation of
                    this regulation.

             3.03.   The provision of Sub-Section 3.02 of this section  shall
                    not apply to combustion units in  operation on the  effective
                    date of  this regulation, September 1, 1974.            •

(50.1)    Section 4.       Control of Fugitive Particulate Matter.
(51.5)
             4.01.   No person shall  cause, suffer,  allow, or permit  any
                    source of fugitive particulate  matter to operate that
                    is not equipped with  a fugitive particulate matter control
                                             -7-

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                    system.   This  system shall  be  operated  and  maintained
                    in such  a manner as  to  minimize  the  emission  of  fugitive
                    particulate  matter.   Sources of  fugitive  particulate
                    matter associated with  fuel burning  units shall  include,
                    but not  be limited to,  the  following:

                    (a)  Stockpiling of  ash or  fuel  either  in the open  or  in
                         enclosures  such as silos;

                    (b)  Transport of ash in vehicles  or on conveying systems,
                         to  include  spillage, tracking,  or  blowing of
                         particulate matter from or  by such vehicles or
                         equipment;  and

                    (c)  Ash or  fuel handling systems  and ash disposal  areas.

(3.0)     Section 5.       Registration.

             5.01.   Within thirty  (30) days after  the  effective date of    '
                    this regulation  all  persons owning and/or operating
                    existing fuel  burning units not  previously  registered
                    shall  have registered such  units with the Commission.
                    The information  required for registration shall  be
                    determined and provided in  the manner specified  by  the
                    Director.  Registration forms  should be requested from
                    the Director by  the  owner and/or operator of  fuel
                    burning  unit(s)  subject to  the provisions of  this section.

             5.02.   The owner and/or operator of fuel  burning units  that are
                    under construction or on which construction is initiated
                    within thirty  (30) days after  the  effective date of this
                    regulation shall register such fuel  burning units within
                    this thirty  (30) day period.

(3.0)     Section 6.       Permits.

             6.01.   After the effective  date of this regulation,  no  person
                    shall  construct  or modify any  fuel burning  unit  without
                    first obtaining  a permit for such  construction or
                    modification.  Applications for  permits shall be made
                    upon forms available from the  Director  and  shall be filed
                    no less  than ninety  (90) days  prior  to  the  construction
                    or modification.  These forms  shall  include such information
                    as in the judgment of the Director will enable him  to
                    determine whether such  source(s) will be  so designed
                    as to operate  in conformance with  the provisions of this
                    regulation and the Code of  West  Virginia, and will  not
                    cause or contribute  to  the  violation of Secondary Air
                    Quality  Standards.  Within  ninety  (90)  days of the  receipt
                                              -8-

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                    of an  application  the  Director  shall  issue or deny such
                    permit in  accordance with  the provisions of Section 2
                    of Chapter 16,  Article 20,  Paragraph  lib of the Code of
                    West Virginia,  as  amended.

(13.0)    Section 7.      Reports  and Testing.
 (9.0)
             7.01.   At such reasonable times as the Director may designate,
                    the owner  or  operator  of any fuel  burning  unit(s) may
                    be required to  conduct or  have  conducted tests to
                    determine  the compliance of such unit(s) with the emission
                    limitations of  Section 3.   The  Director, or his duly
                    authorized representatve,  may at his  option witness or
                    conduct such  tests.  Should the Director exercise his
                    option to  conduct  such tests, the operator will provide
                    all the necessary  sampling connections  and sampling ports
                    to be  located in  such  manner as the  Director may require,
                    power  for  test  equipment,  and the required safety
                    equipment  such  as  scaffolding,  railings, and ladders to
                    comply with generally  accepted  good  safety practices.

                    Within a reasonable tolerance,  the individual samples
                    for such emission  tests shall be extracted isokinetically,
                    with the probe  and filter  media maintained at, or about,
                    stack  temperatures.   Individual measurements shall  be
                    made at each  of the various extraction  points throughout
                    the sampling  plane in  a manner  that  yields a composite
                    sample and a  distribution  of measurements  which are
                    representative  of the  total stack gas flow and pollutant
                    concentrations  during  the  test.

                    The primary particulate sample  collector  shall be a
                    preconditioned, fiberglass mat  filter,  certified as  being
                    at least ninety-nine (99)  percent efficient  in collecting
                    0.3 micron OOP  (Dioctyl Phthalate) smoke,  or  a  filter  or
                    equivalent properties  and  efficiency.  The filter  used
                    shall  be pre-weighed to at least one-tenth (0.1) of a
                    milligram.

                    The total  sample weight shall include both the  particulate
                    collected by the filter and the particulate  obtained
                    by appropriate  cleaning of all  devices  preceding  this
                    filter in the sampling train.  The total  sample weight
                    shall  be determined to the nearest one-tenth  (0.1)  of  a
                    milligram.

                    Sufficient information on  temperatures, velocities,  pressures,
                    weights, and dimensional  values shall be  reported
                    to the Director,  with  such necessary commentary as  he  may
                                              -9-

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                    require to allow an  accurate  evaluation  of the  reported
                    test results  and the conditions  under  which they  were
                    obtained.

             7.02.   The Director, or his duly authorized representative,
                    may conduct such other tests  as  he  may deem necessary
                    to evaluate air pollution emissions other than  those
                    noted in Sub-Section 3.01.

             7.03.   The operators of fuel  burning units shall  submit  data
                    on operating  schedules and the quality of fuel  used in
                    such units.   Such data shall  be  reported in the manner    i
                    the Director  may specify, and will  include, but not
                    necessarily be limited to,  information such as  the number
                    of start-ups, the quantity of fuel  burned, and  the ash,
                    sulfur, moisture, volatile matter,  and B.T.U. content.

             7.04.   Within a reasonable  time prior to the  start-up  of a fuel
                    burning unit(s), the owner and/or operator of such
                    unit(s) shall notify the Director of the proposed start-up.
                    If such prior notification is not practicable (e.g., if
                    emergency conditions require  prompt action, or  if the
                    requirement for the  start-up  and the start-up itself
                    must necessarily occur, in time, outside the Commission's
                    normal working hours)  notification  should be made within
                    a reasonable  time thereafter.

             7.05.   The Commission may publish, and  from time to time revise,
                    detailed test procedures and  reporting instructions
                    implementing  the provisions of this section.

(6.0)     Section 8.       Compliance Programs and  Schedules.

             8.01   In the event  that a  fuel burning unit(s) in existence
                    prior to the  adoption  of this regulation does not meet
                    the emission  limitations, an  acceptable  program to fully
                    comply with the regulation shall be developed and offered
                    to the Commission by the person  responsible for the plant.
                    This program  shall be  submitted  upon the request  of, and
                    within such time as  shall be  fixed  by, the Commission.
                    Once this program has  been approved by the Commission,
                    the owner and/or operator of  such installation  shall
                    not be in violation  of this regulation so long  as the
                    approved or amended  program is observed.  Compliance
                    programs, schedules, and variances  that  have previously
                    been issued by the Commission under Regulation  II (1966)
                    shall  remain  in effect until  the expiration date  of that
                    compliance program,  schedule, or variance.
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             8.02.   In the event that an  owner or operator  of  such  a  fuel
                    burning unit(s)  fails to submit  a  program  or  an
                    acceptable program and schedule, the  Commission shall,
                    by order,  determine the compliance program and  schedule.
(5.0)     Section 9.       Variance.
             9.01.   Due to unavoidable malfunction of equipment,  emissions
                    exceeding those provided for in this  regulation may be
                    permitted by the Director for periods not  to  exceed ten  (10)
                    days upon specific application to the Director.  Sutfh
                    application shall  be made within twenty-four  (24) hours  of
                    the malfunction.  In cases of major equipment failure,
                    additional  time periods may be granted by  the Commission
                    provided a  corrective program has been submitted by the
                    owner or operator and approved by the Cimmission.

             9.02.   For the purpose of preventing possible equipment damage
                    during the  start-up of a fuel burning unit(s), emissions
                    exceeding those provided for in this  regulation may be
                    permitted by the Director for periods not  to  exceed
                    twenty-four (24) hours, upon specific application to the
                    Director no less than twenty-four (24) hours  prior to the
                    start-up operation.

(2.0)    Section 10.     Exemptions.

             10.01.  All fuel burning units having a heat  input under ten (10)
                    million B.T.U.'s per hour will be exempt from Sections  3
                    through 8.   However, failure to attain acceptable air
                    quality in  parts of some urban areas  may require the
                    mandatory control  of these sources at a later date.

(2.0)    Section 11.     Effective Date.

             Regulation II (1974) shall become effective  September 1, 1973,
             and shall supersede Regulation II (1972) which was adopted by
             the West Virginia  Air Pollution Control Commission of the 26th
             day of January, 1972, and became effective March  15, 1972, and
             was filed with the Secretary of State January 31, 1972.
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(51.8)                              REGULATION  III

                    TO PREVENT AND CONTROL  AIR POLLUTION  FROM  THE

                        OPERATION OF HOT  MIX ASPHALT  PLANTS.

(1.0)     Section 1.       Definitions.

            ,1.01.   "Air Pollution", 'statutory air pollution'  shall  have  the
                    meaning ascribed to it  in  Section Two of Chapter  Sixteen,
                    Article Twenty of the Code of  West Virginia,  as amended.

             1.02.   "Commission"  shall  mean the West  Virginia  Air  Pollution
                    Control Commission.

             1.03.   "Person" shall mean any and all persons, natural  or  artifi-
                    cial, including any municipal, public or private  corporation
                    organized or  existing under the law of this or any other
                    state or county and any firm,  partnership,  or  association
                    of whatever nature.

             1.04.   "Fuel Burning Equipment" shall mean and include any
                    chamber, apparatus,  device, mechanism, stack  or structure
                    used in the process of  burning fuel or other  combustible
                    material for  the primary purpose  of producing  heat for
                    direct heat transfer  as applied to an asphaltic hot  mix
                    plant excluding internal combustion engines.

             1.05.   "Fuel" shall  mean a fuel such  as  gas  or liquid fuel  which
                    is fired in fuel burning equipment.  When  solid fuels
                    are substituted for or  used in conjuction  with either  of
                    the above fuels, the  same  regulation  will  apply.

             1.06.   "Plant" shall mean an 'asphaltic  hot  mix plant' which
                    shall mean and include  all the equipment utilized in the
                    manufacture of asphaltic hot mix  concrete,  such as burner,
                    drier, elevators, screens, mixer, weighing equipment,  bins,
                    air pollution control equipment,  etc.

             1.07.   "Air Pollution Control  Equipment" is  defined  as:

                    (a)  Primary  collection -  That equipment such as  cyclones
                         or multicyclones incorporated for the collection  of
                         fine particulate material generated and  emitted
                         principally from the  drying  operation and from
                         which all collected material may or may  not  be
                         reinjected into  the main  aggregate flow.

                    (b)  Secondary collection  - That  equipment such  as
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                          multicyclones, scrubbers, bag filters, and elec-
                          trostatic precipitators incorporated for the collection
                          of that particulate material not collected by the
                          primary collection equipment and from which such
                          collected material may or may not be reinjected
                          into the main aggregate flow.

              1.08.  "Smoke" shall mean small gasborne and airborne particles
                     arising from a process of combustion in sufficient numbers
                     to be visible.

              1.09.  "Ringelmann Smoke Chart" shall be the Ringelniann's Scale
                     for Grading the Density of Smoke published by the U. S.
                     Bureau of Mines as information circular 7718, August, 1955,
                     or any chart, recorder, indicator, or device which is a
                     standardized method for the measurement of smoke density
                     which is approved by the Commission as the equivalent of
                     said Ringelmann Scale.

              1.10.  "New Equipment" shall mean all asphaltic hot mix plants
                     installed after the effective date of this regulation.

              1.11.  "Fugitive Dust" shall mean any and all particulate matter
                     generated by the operation of an asphalt mix plant which,
                     if not confined, would be emitted directly to the atmosphere
                     from points other than the stack outlet.

              1.12.  "Fugitive Dust Control System" shall mean any equipment
                     or method used to confine, collect, and dispose of fugitive
                     dust, including hoods, bins, duct work, fans, air pollution
                     control equipment, etc.

                     Other words and phrases used in this Regulation, unless
                     otherwise indicated, shall have the meaning ascribed to
                     them in Section Two of Chapter Sixteen, Article Twenty
                     of the Code of West Virginia, 1931, as amended.

(50.1.2)    Section  2.      Emission of Smoke Prohibited and Standards of
                          Measurement.

              2.01.  No person shall cause, suffer, allow or permit emission
                     of smoke  into the open air from any fuel burning equipment
                     which is  as dark or darker in shade or appearance as
                     that designated as No. 1 on the Ringelmann Smoke Chart.

              2.02.  The provisions of Sub-Section 2.01 of this Section shall
                     not apply to smoke emitted during the starting operation
                     the shade or appearance of which  is less than No.3 of
                     the Ringelmann Smoke Chart for a  period or periods
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                    aggregating  no more  than  4  minutes  per  start-up.

             2.03.   The  equivalent opacity  of those  Ringelmann  numbers  in
                    Sub-Section  2.01  and Sub-Section 2.02 of  this  Section
                    shall  be  used as  a guide  in the  enforcement of Section  3
                    of this Regulation.

(50.1)    Section 3.       Control  and  Prohibition of  Particulate Emission
(51.5)
           1  3.01.   No person shall cause,  suffer, allow or permit particulate
                    emission  from a plant into  the open air in  excess of the
                    quantity  as  listed in the following table:


                    Aggregate Process Rate              Stack  Emission Rate
                      Pounds Per Hour                  Pounds  Per Hour
                         10,000                            10
                         20,000                            16
                         30,000                            22
                         40,000                            28
                         50,000                            31
                        100,000                            33
                        200,000                            37
                        300,000                            40
                        400,000                            43
                        500,000                            47
                        600,000 & above                     50
                I    For a process  weight  between  any  two  consecutive  process
                    weights  stated in this  table,  the emission  limitation
                    shall be determined by  interpolation.

             3.02.   In the case of more than  one  stack to a  hot mix asphalt
                    plant, the emission limitation of Sub-Section  3.01  of
                    this Section will be  based  on the total  emission  from  all
                    stacks.

             3.03.   No person shall  cause,  suffer, allow  or  permit a  plant to
                    operate  that is not equipped  with a fugitive dust control
                    system,   This  system  shall  be operated and  maintained  in
                    such a manner  as to prevent the emission of particulate
                    material from  any point other than the stack outlet.

             3.04.   The owner or operator of  the  plant shall maintain dust
                    control  of the plant  premises and plant  owned, leased,
                    or controlled  access  roads  by paving, oil treatment, or
                    other suitable measures.  Good operating practices  shall
                                              -14-

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                    be observed in relation to stockpiling,  screen  changing,
                    and general maintenance to prevent  dust  generation
                    and atmospheric entrainment.   Good  operating  practices,
                    including water spraying or other suitable  measures,
                    shall  be employed to minimize dust  generation and
                    atmospheric entrainment when hot bins  are pulled.

(3.0)     Section 4.       Registration.

             4.01.   Within thirty (30)  days after the effective date of this
                    regulation, all persons operating asphalt mix plants
                    within the state shall  have registered with the Commission
                    on forms to be made available by the Commission, the  name
                    of the person, company or corporation operating the plant,
                    the address, location,  county, ownership (lessee &  lessor),
                    the principal officer of the company,  and any other such
                    reasonable information as the Commission may require
                    including by not necessarily limited to  capacity of the
                    plant, type of fuel used, plant operating schedule,
                    description of rotary drier, height and  size of stack and
                    description of dust control equipment.

             4.02.   When such plants are modified by changes in burner  design,
                    heating fuel, fan capacity, drier design, air pollution
                    control equipment,  or like changes  which significantly
                    effect the emission characteristics of the  plants  then
                    they shall be re-registered with the Commission defining
                    those changes within thirty (30) days after being  placed
                    in operation.

(3.0)     Section 5.       Permits.

             5.01.   Plants in existence on the effective date of this
                    regulation will be granted a temporary operating permit.
                    These permits will  be valid for as  long  as  the  Commission
                    shall  designate.  When control programs  are completed
                    that meet the requirements of this  regulation,  these
                    temporary permits will  be replaced with  annual  operating
                    permits.

             5.02.   Plants in existence on the effective date of this  regulation
                    will be granted an operating permit provided they  meet
                    and maintain the requirements as set forth  in this
                    regulation.  Thses permits will be valid for one calendar
                    year and must be renewed annually.   Any  plant failing to
                    maintain these requirements shall,  at the discretion of
                    Commission, have their operating permit  revoked.

             5.03.   When permits are revoked, the Commission will consider
                                               -15-

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(13.0)
(  9.0)
  (5.0)
           reissuing permits when such changes as necessary to
           meet the requirements of this regulation are made by
           the owner or operator of the plants.

    5.04.  Ten (10) days prior to the operation of a new or relocated
           plant, application must be made to the Commission for a
           permit.  Such application shall be made oh forms to be.
           made available by the Commission and in the manner acceptable
           to the Commission.  Plants that meet the requirements of
           of this regulation will be issued an annual permit for
           operation by the Commission.

    5.05.  Plants operating without a permit will be in violation
           of this regulation.

Section 6.

    6.01.  When the Commission has reason to believe that the
           provisions of this regulation are being violated, the owner
           of the plant shall permit the Commission to conduct such
           stack tests as necessary to determine the dust loading
           in the exhaust gases.  The operator will provide all
           the sampling connections and sampling ports to be located
           in such manner as the Commission may require, power for
           test equipment and the required safety equipment such as
           the necessary scaffolding, railings, ladders, ect., to
           comply with generally accepted good safety practices.

    6.02.  At such time as the Commission may request, the operator
           of the plant will submit data on type, sizing, and quantity
           of the aggregate used and the hours of operation.

Section 7.      Variance.

    7.01.  Where plants in existence prior to the adoption of this
           regulation do not meet the particulate matter emission   i
           limitations shall be developed and offered to the
           Commission by the person owning the plant causing the
           emission.  This control program shall be submitted upon  .
           the request of and within such time as shall be fixed
           by the Commission, and after said program has been
           approved by the Commission, the owner or operator of
           the equipment causing the emission shall not be in vidlation
           of this regulation so long as the program is observed.

    7.02.  Due to unavoidable malfunctions of equipment, emissions
           exceeding those provided for in this regulation may be
           permitted by the Commission for periods not to exceed 2
           days upon specific application to the Commission.  Such
           application shall be made within 24 hours of the. malfunction
                                                -16-

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                    or within  such  other time  period  as  the  Commission may
                    specify.   When  parts are not  available for  repair the
                    Commission may  grant an extension of time for  a  period
                    longer than 2 days,  but not to exceed 10 days.

(2.0)     Section 8.       Effective  Date.

             Regulation III shall become effective October 1, 1966.
                                               -17-

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(51.2)                               REGULATION  V

                    TO PREVENT  AND  CONTROL  AIR  POLLUTION  FROM THE OPERATION

                    OF COAL  PREPARATION PLANTS  AND  COAL HANDLING OPERATIONS.

(1.0)     Section 1.       Definitions.

             1.01.   "Air Pollution",  "statutory air pollution'  shall  have the
                    meaning  ascribed  to it  in Chapter Sixteen,  Article Twenty,
                    Section  Two of  the  Code of  West Virginia, as amended.

             1.02.   "Commission" shall  mean the West Virginia Air Pollution
                    Control  Commission.

             1.03.   "Person" shall  mean any and all persons, natural  or
                    artificial, including any municipal,  public or  private
                    corporation organized or existing under the law of this
                    or any other state  or county  and any  firm,  partnership,
                    or association  of whatever  nature.

             1.04.   "Handling Operation" shall  mean and include but not  be
                    limited  to  all  coal  grinding, crushing, picking,  screening,
                    conveying,  storing,  and stockpiling operations  associated
                    with the transport,  production, or preparation  of coal or
                    coal refuse, excluding  coal washing,  drying, or air
                    separation  operations.

             1.05.   "Coal  Preparation"  shall mean and include but not be
                    limited  to  all  coal  washing,  drying or air  separation
                    operations  used for the purpose of preparing the  product
                    for marketing.

             1.06.   "Plant"  shall mean  and  include  all equipment and  grounds
                    utilized in an  integral complex for coal preparation and
                    associated  handling.

             1.07.   "Fuel" shall mean a fuel such as a solid, gase9us or
                    liquid fuel which is fired  in fuel burning  equipment.

             1.08.   "Fuel  Burning Equipment" shall  mean and include any
                    chamber, apparatus,  device, mechanism, stack or structure
                    used in  the process of  burning  fuel for the primary  purpose
                    of reducing the moisture content of coal.

             1.09.   "Thermal Drier" shall mean  a  device using fuel  burning
                    equipment for the primary  purpose of  reducing the moisture
                    content  of  coal.

             1.10.   "Air Table" shall mean  a device using a gaseous separating
                                               -18-

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       media for the primary purpose  of improving  the  product
       quality.

1.11.   "Air Pollution Control  Equipment" shall  mean  any  equipment
       used for collecting gasborne particulate matter for  the
       purpose of preventing or reducing particulate emissions
       into the open air.

1.12.   "Standard Cubic Foot" - One cubic foot of dry gas, measured
       at standard conditions of 60°F and 29.92 inches of mercury
       column.

1.13.   "Stack" - For the purpose of this Regulation  shall mean
       but not be limited to any duct, control  equipment exhaust,
       or similar apparatus, which vents gases  containing particulate
       matter into the open air.

1.14.   "Particulate Matter" shall mean any material  except  uncombined
       water, that exists in a finely divided form as  a  liquid  or
       solid.

1.15.   "Smoke" shall mean small gasborne and airborne  particles
       emitted from a stack in sufficient numbers to be  visible.

1.16.   "Ringelmann Smoke Chart" - Shall be the Ringelmann's Scale
       for Grading the Density of Smoke published by the U. S.
       Bureau of Mines as information circular 7718, August, 1955,
       or any chart, recorder, indicator, device, or method which
       is a standardized method for the measurement of smoke density
       which is approved by the Commission as the equivalent of
       said Ringelmann Scale.

1.17.   "Fugitive Dust" shall  mean any and all  particulate  matter
       generated, which, if not confined, would be emitted
       directly into the open air from points other than a  stack
       outlet.

1.18.   "Fugitive Dust Control System" shall mean any equipment
       or method used to confine, collect, and dispose of  fugitive
       dust, including but not limited to hoods, bins, duct work,
       fans, and air pollution control equipment.

       Other words and phrased used in this Regulation,  unless
       otherwise indicated, shall have the meaning ascribed to
       them in Chapter Sixteen, Article Twenty, Section  Two of
       Code of West Virginia, 1931, as amended.
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(50.1.2)    Section 2.       Emission  of Smoke  Prohibited  and  Standards  of
                           Measurement.

               2.01.   No person shall  cause,  suffer,  allow or  permit emission
                      of smoke into  the open  air  from any stack which  is  as
                      dark or darker in shade or  appearance  as that designated
                      as No.  1 on the  Ringelmann  Smoke Chart.

               2.02.   The provisions of Sub-Section  2.01 of  this  Section  shall
                      not apply to smoke,  the shade  or appearance of which is
                      less than No.  3  on the  Ringelmann  Smoke  Chart for a period
                      or periods aggregating  no more than 5  minutes in any
                      60-minute period during operation.

               2.03.   The provisions of Sub-Section  2.01 and 2.02 of this Section
                      shall  not apply  to smoke, the  shade or appearance of
                      which  is less  than No.  3 on the Ringelmann  Smoke Chart
                      for a  period of  up to 8 minutes in any operating day for
                      the purposes of  building a  fire of operating quality
                      in the fuel burning  equipment  of a thermal  drier.

               2.04.   The equivalent opacity  of those Ringelmann  numbers  in
                      Sub-Section 2.01 and Sub-Section 2.02  of this Section
                      shall  be used  as a guide in the enforcement of Section 3
                      and Section 4  of this Regulation.

               2.05.   No person shall  cause,  suffer,  allow or  permit emission
                      of smoke into  the open  air  from any fugitive dust control
                      system which is  as dark or  darker  in shade  or appearance
                      as that designated as No.l  on  the  Ringelmann Smoke  Chart
                      or the equivalent opacity of this  Ringlemann number.

  (51.2)    Section 3.       Control and Prohibition of Particulate Emissions From
                           Coal Thermal  Drying Operations of a Coal Preparation
                           Plant.!
                                                                             i
               No person shall cause,  suffer, allow  or permit  particulate matter
               to be  vented  into the open  air from any thermal drier exhaust in
               excess  of the following limitations:

               3.01.   Until  September  2, 1971, thermal driers  installed on or
                      before March 1,  1970, shall not emit more than 0.15 grains
                      of particulate matter per standard cubic foot of exhaust
                      gas.

               3.02.   After  September  1, 1971, thermal driers  installed on or before
                      March  1, 1970, shall  not exceed the emission limitations of
                      following table:
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Total Plant Volumetric                Maximum Allowable
   Flow Rate                      Particulate Loading Per Drier

(Standard Cubic Feet Per          (Grains Per Standard Cubic Foot)
     Minute)	       	

   120,000 or less                            0.12
   172,000                                    0.11
   245,000                                    0.10
   351,000                                    0.09
   500,000 & above                            0.08

3.03.  Thermal driers installed after March 1, 1970, shall not exceed
       the emission limitations of the following table:

Total Plant Volumetric                 Maximum Allowable
   Flow Rate                       Particulate Loading Per Drier

(Standard Cubic Feet Per           (Grains Per Standard Cubic Foot)
     Minute)	        	
   75,000 or less                             0.10
  111,000                                     0.09
  163,000                                     0.08
  240,000 & above                             0.07

3.04.  For the volumetric flow rate between any two consecutive vol-
       umetr'ic flow rates stated in Sub-Section 3.02 and Sub-Section
       3.03, limitations shall be as determined by linear interpola-
       tion.  For the purpose hereof, the total volumetric flow rate
       shall be the total standard cubic feet of dry gas passed
       through all thermal driers at one plant location.  This value
       shall be determined by methods which are acceptable to the
       Commission.

3.05.  When modifications are made to plants after March 1, 1970,
       that result in a significant increase in the total gas volume
       passing through a thermal drier, said drier(s) will be subject
       to the emission limitations of Sub-Section 3.03 even though
       such modifications do not include the installation of a new
       thermal drier(s).

3.06.  No person shall circumvent this Regulation by adding additional
       gas to any drier exhaust or group of drier exhausts for the
       purpose of reducing the grain loading.

3.07.  No person shall cause, suffer, allow or permit the exhaust
       gases from a thermal drier to be vented into the open air at
       an altitude of less than 80 feet above the foundation grade
       of the structure containing the drier or less than 10 feet
                                 -21-

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               3.08.
(51.2)      Section  4.
               4.01.
               4.02.
               4.03.
 (51.2)     Section 5.
               5.01.
               5.02.
above the top of said structure or any adjacent structure,
whichever is greater.

In determining the desirable height of the above stack,
due consideration shall be given to the local  topography,
meteorology, the location of nearby dwellings  and public
roads, and the stack emission rate.

Any stack venting thermal drier exhaust gases  into the open
air shall contain flow straightening devices or a vertical
run of sufficient length to establish flow patterns consistent
with acceptable stack sampling procedures.

     Control and Prohibitions of Particulate Emissions From
     an Air Table Operation of a Coal Preparation Plant.

No person shall cause, suffer, allow or permit particulate
matter to be vented into the open air from any air table
exhaust in excess of 0.05 grains per standard  cubic foot
of exhaust gases.

No person shall circumvent this Regulation by  adding additional
gas to any air table exhaust or group of air table exhausts
for the purpose of reducing the grain loading.

Any stack venting air table exhaust gases  into the open  air
shall contain flow straightening devices or a  vertical run
of sufficient length to establish flow patterns consistent
with acceptable stack sampling procedures.

     Control and Prohibitions of Fugitive  Dust Emissions From
     Coal Handling Operations and Preparation  Plants.

No person shall cause, suffer, allow or permit a plant or
handling operation to operate that is not equipped with  a
fugitive dust control system.  This system shall be operated
and maintained in such a manner as to minimize the emission
of particulate matter into the open air.

The owner or operator of the plant or handling operation shall
maintain dust control of the premises and owned, leased, or
controlled access roads by paving, or other suitable measures.
Good operating practices shall be observed in  relation to
stockpiling, car loading, breaking, screening, and general
maintenance to minimize dust generation and atmospheric
entrainment.
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(3,0)       Section 6.      Registration.
               6.01.  Within  thirty  (30) days after the effective date of this
                     Regulation,  all persons owning and/or operating coal
                     preparation  plants within the State shall have registered
                     with  the  Commission on forms to be made available by the
                     Commission,  the name of the person, company or corporation
                     operating the  plant, the address, location, county, ownef-
                     ship  (lessee & lessor), the principal officer of the company,
                     and any other  such reasonable information as the Commission
                     may require, including, but not necessarily limited to,
                     capacity  of  the plant, type of fuel used, plant operating
                     schedule, description and capacities of thermal driers
                     and air tables, height and size of stacks and air pollution
                     control equipment.

               6.02.  Persons operating registered plants which are to be modified
                     by changes in  fuel burning equipment, fuel, fan capacity,
                     drier design,  air pollution control equipment, air tables,
                     stacks  or like changes which could significantly affect the
                     emission  characteristics of the plants shall file with
                     the Commission those proposed changes not less than thirty
                      (30)  days before such changes are made.

               6.03.  Within  thirty  (30) days after the completion of the mod-
                     ifications as  filed under Sub-Section 6.02, the operator
                     shall register such changes with the Commission of forms to
                     be made available by the Commission.

               6.04.  Not later than sixty  (60) days prior to operation, new plants
                     shall be  registered by the owner and/or operator of such
                     plants.  Such  registration shall be made on forms to be
                     made  available by the Commission and will include the name
                     of the person, company, or ownership (lessee & lessor), the
                     principal officer of the company, and any other such reason-
                     able  information as the Commission may require including, but
                     not necessarily limited to, data on the capacity of the plant,
                     type  of fuel to be used, description and capacities of
                     thermal driers and air tables, height and size of stacks
                     and description of air pollution control equipment.
 (3.0)      Section 7.       Permits.
               7.01.   Plants in existence on the  effective  date  of  this  Regulation
                      will  be granted temporary operating permits subject  to
                      compliance with Sub-Section 6.01.  These permits will be
                      valid for as  long as the Commission shall  designate.  When
                      it is determined by theCommission  that  a plant  meets  the
                      requirements  of the Regulation,  the temporary permit  will
                      be replaced with an operating  permit.
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13.0
 9.0
(5.0)
    7.02.  Any plant failing to maintain the requirements  of this
           Regulation shall, at the discretion of the Commission,  have
           the permit revoked.

    7.03.  When permits are revoked, the Commission will  reissue
           permits when such changes as necessary to meet  the requirements
           of this Regulation are made.

    7.04.  New plants will be granted temporary operating  permits
           provided they comply with Sub-Section 6.04.

    7.05.  Subject to the provisions of Sub-Section 6.01,  plants
           operating without a  permit will  be in violation of this
           Regulation.

    7.06.  The possession of a  permit by any person shall  in no way
           relieve the holder thereof of his obligation to comply  with
           the provision of this Regulation.

Section 8.      Reports and Testing.

    8.01.  At such reasonable time as the Director may designate,  the
           operator of a coal preparation plant may be required to
           conduct or have conducted stack  tests to determine the  dust
           loading in exhaust gases when the Director has  reason  to
           believe that the stack emission  limitation is  being violated.
           Such tests shall be  conducted in such manner as the Director
           may specify and be filed on forms, and in a manner, acceptable
           to the Director.  The Director,  or his duly authorized
           representative, may  at his option witness or conduct such
           stack tests.  Should the Director exercise his  option  to con-
           duct such tests, the operator will provide all  the necessary
           sampling connections and sampling ports to be  located  in such
           manner as the Director may require, power for  test equipment,
           and the required safety equipment, such as scaffolding,.
           railings, ladders, etc., to comply with generally accepted
           good safety practices.

   ^.02.  The Director, or his duly authorized representative, may con-
           duct such other tests as he may  deem necessary to evaluate
           air pollution emissions other than those noted in Sub-Section
           8.01.

Section 9.      Variance.

    9.01.  If a plant operating under a temporary permit  does not  meet
           the requirements of  this Regulation, the operator of this plant
           shall develop and submit to the  Commission an  acceptable  .
           control program to meet these requirements.  This control
                                               -24-

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                    program shall  be  submitted  upon  the  request  of  and within
                    such  time as  shall  be  fixed by the Commission,  and after
                    said  program  has  been  approved by the  Commission, the  owner
                    or operator of the  plant will not be in  violation of this
                    Regulation as  long  as  said  program is  observed.

             9.02.   Due to unavoidable  malfunctions  of equipment or non-
                    availability  of repair parts, emissions  exceeding those
                    provided for  in this Regulation  may  be permitted by the
                    Commission upon specific application to  the  Commission.
            ,       Such  application  shall be made within  24 hours  of the
                    malfunction within  such other oeriod as  the  Commission
                    may specify.

(2.0)     Section 10.     Effective Date.

             Regulation V shall become  effective September 1, 1968.
                                              -25-

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(51.9)
                             REGULATION VI

               TO PREVENT AND CONTROL AIR POLLUTION FROM

                       COMBUSTION OF REFUSE.
(2.0)
(1.0)
Section 1.          Intent and Purpose.                           :

    1.0.1.  Neither compliance with the provisions of this Regulation
           nor the absence of specific language to cover particular
           situations constitutes approval  or implies consent or
           condonement of any emission which is released in any
           locality in such manner or amount as to cause or contribute
           to undesirable levels of air contaminants.  Neither does
           it exempt nor excuse anyone from complying with other
           applicable laws, ordinances,  regulations or orders of
           governmental entities having  jurisdiction.

    1.02.  All persons engaged in any form of combustion of refuse
           shall give careful consideration to the effects of the
           resultant emissions on the air quality of the area(s)
           affected by such burning.  Important considerations include
           but are not limited to the location and time of burning,
           the type of material being burned and the potential
           emissions and the prevailing  meteorological conditions.
           Persons failing to give due consideration to these
           factors will be in violation  of this Regulation.

    1.03.  It is the intent of the Commission that all incorporated
           areas and other local governmental entities prohibit open
           burning and develop alternative methods for disposal of
           waste material.  If such action is not taken in any air
           basin, air quality control region or other such areas as
           the Commission may designate, then such action may be
           taken by the Commission to insure compliance with air,
           quality standards.

Section 2.      Definitions.

    2.01.  "Air Pollution",  'statutory air pollution' shall have the
           meaning ascribed to it in Chapter Sixteen, Article Twenty,
           Section Two of the Code of West Virginia, as amended.

    2.02.  "Commission" shall mean the West Virginia Air Pollution
           Control Commission.

    2.03.  "Person" shall mean any and all persons, natural or
           artificial, including any municipal, public or private
           corporation organized or existing under the law of this
           .or any other state or county, and any firm, partnership
                                              -26-

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       or association of whatever nature.

2.04.  "Participate Matter" shall mean any material,  except
       uncombined  water, that exists in a finely divided form
       as a liquid or solid.

2.05.  "Smoke" shall mean small gasborne and airborne particles
       emitted as the result of the combustion of refuse in
       sufficient numbers to be visible.

2.06.  "Ringelmann Smoke Chart" shall mean the Ringelmann's
       Scale for Grading the Density of Smoke, published by the
       U. S. Bureau of Mines, or any chart, recorder, indicator,
       device or method which is a standardized method for the
       measurement of smoke density and is approved by the
       Commission as the equivalent of said Ringelmann Chart.

2.07.  "Air Pollution Control Equipment" shall mean any equipment
       used for collecting or converting gasborne particulate
       or gaseous materials for the purpose of preventing or
       reducing emission of these materials into the open air.

2.08.  "Incineration" shall mean the destruction of combustible
       refuse by burning in a furnace designed for that purpose.
       For the purposes of this Regulation, the destruction of
       any combustible liquid or gaseous material by burning
       in a flare/flare stack shall be considered incineration.

2.09.  "Incinerator" shall mean any device used to accomplish
       incineration.

2.10.  "Flare", 'flare stack' shall mean and include a combustion
       source normally comprised of but not limited to a length
       of stack or pipe which has an attached burner mechanism
       designed to destroy liquid or gaseous material with an
       open or semi-enclosed flame.

2.11.  "Open Burning" shall mean the combustion of refuse
       whereby the gaseous products of combustion are not conveyed
       through man-made means from one point to another and
       are discharged directly to the open air.

2.12.  "Refuse" shall mean the useless and/or unwanted or
       discarded solid, liquid and/or gaseous waste materials
       resulting .from community, commercial, industrial or citizen
       activities.

2.13.  "Construction and Demolition Wastes" shall mean combustible
       waste building materials and rubble resulting from
       construction, remodeling, repair and demolition operations
                                  -27-

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                    on  houses,  commercial  buildings,  pavements  and  other
                    structures.

             2.14.   "Incinerator Capacity"  shall  be the manufacturer's  or
                    designer's  guaranteed  maximum charging  rate or  such
                    other rate  as may be determined by the  Director in
                    accordance  with  good engineering  practices.   In case of
                    conflict the determination  by the Director  shall  govern.
                    For the  Purposes of this  Regulation the total of the
                    capacities  of all furnaces  within one system shall  be
                    considered  as the "incinerator capacity".

                    Other words and  phrases used  in this Regulation,  unless
                    otherwise indicated, shall  have the meaning ascribed to
                    them in  Chapter  Sixteen,  Article  Twenty,  Section Two of
                    the Code of West Virginia,  1931,  as amended.

(51.13)   Section 3.       Open Burning Prohibited.

             3.01.   General  Provisions

                    The open burning of refuse  for the purpose  of volume
                    reduction,  elimination or product recovery  by any person,
                    firm, corporation, association or public agency is  prohibited
                    except for  the following  exemptions:                 I

                    (a) Vegetation grown on the premises of a home  or farm,
                        provided that there is  compliance with  the  provisions
                        of Sub-Section 1.02,  and  the  health, safety, comfort
                        and  property of persons are protected from  the  effects
                        of such burning.

                    (b) Fires set for the  purpose of  bona fide  instruction and
                        training of  public and  industrial employees in  the
                        methods of fighting fires, provided that approval
                        to conduct such burning is received from the Director
                        or his  duly  authorized  representative.          i

                    (c) Open burning of construction  and demolition wastes,
                        provided that all  the following conditions  are  met:

                        (1)   There is no practical alternate method for
                             the disposal  of  the  material to be burned;

                        (2)   The health, safety,  comfort and property of
                             persons are protected from the effects of such
                             burning;
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             3.02.
(51.9)    Section 4.

             4.01.
    (3)   Such burning  shall  not be  conducted  for  salvage
         purposes;  and,

    (4)   In non-rural  areas  approval  to conduct such
         burning is received from the Director or his
         authorized representative.

(d) Backyard open burning for the reduction of refuse
    produced on the premises as long  as the amount does
    not exceed that weight normally produced by the everyday
    living habits of one (1) family,  until such families
    are serviced by a municipal or private refuse collection
    service.

The exemptions listed in Sub-Section 3.01 are subject
to the following stipulation:

Upon notification by the Director, no person shall cause,
suffer, allow or permit any form of open burning  during
existing or predicted periods of atmospheric stagnation.
Notification shall  be made by such means as the Director
may deem necessary and feasible.

     Emission Standards for Incinerators and Incineration

Unless authorized by the Commission, no person shall
cause, suffer, allow or permit particulate matter to
be discharged from an incinerator  into the open air in excess
of the quantity determined by use  of the following formula:
                        Emission (lb/hr)=F x Incinerator Capacity (tons/hr)

                        where the Factor, F, is as indicated in Table I below:
Table I: Factor, F, for Determining Maximum Allowable
Particulate Emissions

Incinerator Capacity
A.
B.
C.
200 Ibs/hr or less
More than 200 Ibs/hr but
less than 15,000 Ibs/hr
15,000 Ibs/hr or greater
F Factor
8.25
5.43
2.72
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             4.02.   Emission  of  Visible  Participate  Matter
                                                                          i
                    No person shall  cause,  suffer, allow  or  permit  emission
                    of smoke  into the atmosphere  from  any incinerator Which
                    is as  dark or darker in shade or appearance  that that
                    designated as No.l on the  Ringelmann  Smoke Chart or  the
                    equivalent opacity of this Ringelmann number.

             4.03.   The provisions of Sub-Section 4.02 shall  not apply to
                    smoke, the shade or  appearance of  which  is less than
                    No. 2  on  the Ringelmann Smoke Chart or the equivalent  opacity
                    of this Ringelmann number, for a period  or periods
                    aggregating  no more  than eight  (8) minutes per  start-up,
                    or six (6) minutes in any  60-minute period for  stoking
                    operations.

             4.04.   No person shall  cause,  suffer, allow  or  permit  the
                    emission  of  particles of unburned  or  partially  burned
                    refuse or ash from any  incinerator which are large
                    enough to be individually  distinguished  in the  ooen  air.

             4.05.   Incinerators, including all associated equipment and
                    grounds,  shall be designed, operated  and maintained  so
                    as to  prevent the emission of objectionable  odors.

             4.06.   Incineration of Residues and  Hazardous Materials

                    Persons responsible  for the incineration of  hazardous
                    materials such as insecticides,  empty insecticide con-
                    tainers,  toxic materials,  certain  chemical residues,
                    explosives,  used bandages  and other medical  wastes,
                    pathological wastes, human and animal remains and other
                    materials shall  give the utmost  care  and consideration
                    to the potential harmful effects of the  emissions resulting
                    from such activities.  Evaluation  of  these facilities
                    as to  adequacy,  efficiency and emission  potential will be
                    made on an individual basis by the Commission,  working
                    in conjunction with  other  appropriate governmental
                    agencies.

(3.0)    'Section 5.      Registration.

             5.01.   Registration of Existing Incinerators

                    Within sixty (60) days  after  the effective date of this
                    Regulation,  all  persons owning,  operating or constructing
                    incinerators within  the State shall register with the
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                    Commission  on  forms  to  be made available by the Commission.
                    The  Director may  require any  such  reasonable  information
                    as he  may specify.

             5.02.   Registration of New  Incinerators

                    New  incinerators  shall  be considered  duly  registered when
                    the  owner and/or  operator thereof  has received from the
                    Director written  approval of  the plans and specifications.
                    submitted,  pursuant  to  the  requirements of Section 6.

             5.03.   Registration of  Incinerator Modifications

                    When incinerators are to be modified  by changes in charging
                    method,  auxiliary fuel, air pollution control equipment  or
                    like changes which significantly affect the emission
                    characteristics  of the  incinerator,  such proposed changes
                    shall  be registered  with the  Commission no later than
                    thirty (30) days  prior  to their being made.

(51.9)    Section 6.       New Incinerator Plan Review.

             Plans  and specifications for proposed  incinerators are to be
             submitted to the Director at least sixty  (60) days prior to   (
             construction for review and approval.  These plans and speci-
             fications shall include  any such reasonable  information as
             the Director may specify.

(13.0)    Section 7.       Reports and  Testing.
( 9.0)
             7.01.   At such  reasonable times as the Director may  designate,
                    the  operator of  an incinerator may be required to conduct
                    or have  conducted stack tests to determine the dust
                    loading  in  exhaust gases, when  the Director has reason  to
                    believe  that the stack  emission  limitation is being  violated.
                    Such tests  shall  be  conducted in such manner  as the  Director
                    may  specify and  be filed on forms  and in a manner
                    acceptable  to  the Director.  The Director, or his duly
                    authorized  representative,  may  at  his option  witness
                    or conduct  such  stack tests.  Should the Director
                    exercise his option  to  conduct  such tests, the operator
                    will provide all  the necessary  sampling connections
                    and  sampling ports to be  located  in such manner as the
                    Director may require, power for  test equipment and the
                    required safety  equipment  such  as  scaffolding, railings
                    and  ladders to comply with  generally accepted good safety
                    practices.
                                               -31-

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(5.0)
    7.02.   The Director,  or his duly authorized representatives,
           may conduct such other tests as he may deem necessary
           to evaluate air pollution emissions other than those
           noted above.

                Variances.
Section 8.

    8.01.
(2.0)
                    If it can be demonstrated to the Commission  that  the
                    disposal  of certain materials by any method  other than
                    burning leans to ground water contamination, then the
                    person responsible for the disposal  fo such  materials shall
                    submit to the Commission within sixty (60) days a
                    program leading to the construction  of a  suitable
                    incinerator.  If such program is accepted by the  Commission,
                    the person shall not be in violation as long as the
                    program is observed.

             8.02.   Due to unavoidable malfunctions of equipment and/or
                    non-availability of repair parts, emissions  exceeding
                    those provided for in this Regulation may be permitted
                    by the Director.  Application for such variance shall be .
                    made within 24 hours of the malfunction or within,such
                    time period as the Director may specify.   These variances
                    shall be  valid for such time periods as the  Director  may
                    specify.

             8.03.   Control Program Variance

                    The owner or operator of an incinerator or an open
                    burning operation in existence on the effective date  of this
                    Regulation that does not meet the Regulation requirements
                    shall submit a control program to the Commission.  This
                    program shall be submitted upon the  request  of and
                    within such time as shall be fixed by the Commission, and
                    after said program has been approved by the  Comnission,
                    the owner or operator of such incinerator or open burning
                    operation shall not be in violation  of this  Regulation
                    so long as the program is observed.
Section 9.
                Effective Date.
             Regulation VI  shall  become effective September 1, 1969.
                                               -32-

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(5l'.21)                             REGULATION  VII

                         TO PREVENT AND CONTROL  PARTICULATE  AIR  POLLUTION

                               FROM MANUFACTURING  PROCESS  OPERATIONS

 (1.0)    Section 1.       Definitions.

              1.01.   "Air Pollution,"  'statutory air pollution1  shall  have  the
                     meaning ascribed  to it in Section Two of Chapter  Sixteen,
                     Article Twenty of the Code of West Virginia,  as amended.

              1.02.   "Commission" shall mean the Uest Virginia Air Pollution
                     Control Commission.

              1.03.   "Director" shall  mean the director of the West Virginia
                     Air Pollution Control Commission.

              1.04.   "Person" shall mean any and all persons, natural  or
                     artificial, including any municipal,  public or private
                     corporation organized or existing under the law of this
                     or any other state or county  and any  firm,  partnership,
                     or association of whatever nature.

              1.05.   "Particulate Matter" shall  mean any material, except
                     uncombined water, that exists in a finely divided form
                     as a liquid or solid.

              1.06.   "Smoke" shall mean small gasborne and airborne partic-
                     ulate matter emitted from a stack or other aperture in
                     sufficient numbers to be visible.

              1.07.   "Ringelmann Smoke Chart" shall be the Ringelmann's Scale
                     for Grading the Density of Smoke published by the U. S.
                     Bureau of Mines or any chart, recorder, indicator, or device
                     which  is a standardized method for the measurement of smoke
                     density which is approved by the Commission as the
                     equivalent of said Ringelmann Scale.

              1.08.   "Fugitive Particulate Matter" shall mean any and  all
                     particulate matter generated by any manufacturing process
                     which, if not confined, would be emitted directly into the
                     open air from points other than a stack outlet.

              1.09.   "Fugitive Particulate Matter Control  System" shall mean
                     any equipment or method used to confine, collect, and
                     dispose of fugitive  particulate matter, including, but not
                     limited to, hoods, bins, duct work, fans and air pollution
                     control equipment.
                                                -33-

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1.10.   "Fuel" shall  mean any form of combustible  matter  (solid,
       liquid, vapor,  or gas) that is used as a source of heat.

1.11.   "Air Pollution  Control Equipment"  shall mean  any  equipment
       used for collecting or converting  smoke and/or
       particulate matter for the purpose of preventing  or
       reducing emission of these materials into  the open air.

1.12.   "Standard Condition" shall mean for the purposes  of this
       regulation a temperature of 60 degrees F and  a pressure
       of 29.92 inches of mercury column.

1.13.   "Stack," for the purpose  of this  regulation, shall mean
       but not be limited to any duct, control equipment exhaust,
       or similar apparatus, which is designed to vent gases
       containing particulate matter into the open air.

1.14.   "Plant" shall mean and include all equipment, grounds,
       source operations, and any manufacturing process(es)
       utilized in an  integral complex.

1.15.   "Manufacturing  Process" shall mean any action, operation
       or treatment embracing chemical, industrial,  or manufac-
       turing efforts, and employing, for example, heat  treating
       furnaces, by-product coke plants,  core-baking ovens,
       mixing kettles, cupolas, blast furnaces, open hearth
       furnaces, heating and reheating furnaces,  puddling furnaces,
       sintering plants, electric steel furnaces, ferrous and
       nonferrous foundries, kilns, stills, driers,  crushers,
       grinders, roasters, and equipment  used in  connection
       therewith, and  all other methods or forms  of  manufacturing
       or processing that may emit smoke, particulate matter,  or
       gaseous matter.

1.16.   "Process Weight" shall mean that total weight of  all materials
       introduced into a source operation, excluding solid, liquid,
       and gaseous fuels used solely as fuels, and excluding
       air introduced  for purposes of combustion.

1.17.   "Process Weight Rate" shall mean a rate established
       as follows:

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

       (b)  For cyclical or batch unit operations, or unit
            processes, the total process  weight  for  a period
                                 -34-

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            that covers a complete operation  or an  integral
            number of cycles,  divided by the  hours  of  actual
            process operation  during  such a period.

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

1.18.   "Physical Change" shall mean for the purposes of this
       regulation; any change  in a substance  which  does not
       change the properties of the substance.  Such changes
       include but are not limited to crushing, grinding, drying,
       change of state and sizing.

1.19.   "Chemical Change" shall mean for the purposes of this
       regulation, any change  in a substance  which  does change
       the properties of the substance and by which a  new
       substance is formed.

1.20.   "Source Operation" shall mean the last operation in a
       manufacturing process preceding the emission of air
       contaminants which operation:

       (a)  Results in the separation of the  air contaminant
            from the process materials or in  the conversion  of
            the process materials into air contaminants;  and

       (b)  Is not an air pollution abatement operation.

1.21.   "A Duplicate Source Operation" shall mean any combination
       of two or more individual source operations  of  any size
       that have the same nomenclature, either formerly adopted
       and/or commonly sanctioned by usage such as  but not limited
       to two or more rotary driers, basic oxygen furnaces,  or
       electric arc furnaces contained in the same  plant.

1.22.   "Source Operation Type" shall  mean a  categorization estab-
       lished as follows:

       (a)  Type 'a' shall mean any manufacturing process source
            operation involving glass melting, calcination or
            physical change except as noted in Type 'c' below.

       (b)  Type 'b1 shall mean any metallurgical manufacuring
            process source operation except gray iron  cupolas
            in existence on the effective date of this regulation.
                                 -35-

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                      (c)  Type  'c'  shall mean any wet cement manufacturing
                          process  source operation  in existence on the
                          effective date of  this regulation which is used for
                          the primary  purpose of calcination and any gray iron
                          cupola in existence on the effective date of this   i
                          regulation.

                      (d)  Type  'd'  shall mean any manufacturing process
                          source operation in which materials of any origin
                          undergo  a chemical change unless otherwise classified.

                          Where the nature of any process or operation or the
                 1         design of any equipment is such as to permit more
                          than  one interpretation of source operation type, the
                          interpretation of  the Commission shall apply.

                          Other words  and phrases used  in this regulation, unless
                          otherwise indicated, shall have the meaning ascribed
                          to them  in Section Two of Chapter Sixteen, Article
                          Twenty of the Code of West Virginia, as amended.

(50.1.2)    Section  2.      Emission of  Smoke  Prohibited  and Standards of
                          Measurements.

               2.01.   No person  shall cause,  suffer, allow or permit emission
                      of smoke into the open  air from any process source operation
                      which  is darker in shade or appearance than that designated
                      as No.l on the Ringelmann Smoke Chart or the equivalent
                      opacity of this Ringelmann number, except as noted in
                 ;     Sub-Sections  2.02, 2.03, 2.04, and 2.05.

               2.02.   The  provisions of Sub-Section  2.01 shall not apply to
                      smoke  emitted from any  process source operation which  >
                      is less than  No.  2 on the Ringelmann Smoke Chart or the1
                      equivalent opacity of this Ringelmann number for any period
                      or periods aggregating  no more than five (5) minutes in
                      any  sixty  (60) minute period.

               2.03.   The  provisions of Sub-Sections 2.01 and 2.02 shall not
                      apply  to smoke emitted  during  the  charging or pushing
                      operations of a coke production facility in existence on
                      the  effective date of this regulation.  The following
                      conditions will apply:

                      (a)  Effective January  1, 1971, emission of smoke the shade
                          or appearance of which is no  darker than No.3 on the
                          Ringelmann Smoke Chart or the equivalent opacity of
                          that  Ringelmann number shall  be permitted for a period
                          or periods aggregating no more than three (3) minutes
                          per charge and one (1) minute per push.
                                                -36-

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                    (b)   Effective July  1,  1971, emission of smoke the shade
                         or  appearance of which  is no darker than No. 3 on
                         the Ringelmann  Smoke  Chart or  the equivalent opacity
                         of  that Ringelmann number shall be permitted for a
                         period or periods  aggregating  no more  than  two (2)
                         minutes per charge and  one  (1) minute  per push.

                    (c)   Effective January  1,  1972,  emission of smoke the
                         shade or appearance of  which  is no darker than No.  2.5
                         on  the Ringelmann  Smoke Chart  or  the equivalent opacity
                         of  that Ringelmann number shall be permitted for  a
                         period or periods  aggregating  no  more  than  two  (2)
                         minutes per charge and  one  (1) minute  per  push.

                    (d)   Effective July 1,  1972, emission  of  smoke  the  shade
                         or appearance of which  is not as  dark  as or darker
                         than No. 2  on the Ringelmann Smoke  chart or the
                         equivalent opacity of that Ringelmann  number shall
                         be permitted for a period or periods  aggregating  no
                         more than two  (2)  minutes per charge and one (1)
                         minute per push.

             2.04.  The  provisions of Sub-Sections 2.01, 2.02 and 2.03
                    shall not apply to  the charging or pushing operations of
                    a coke  production facility  installed after July 1, 1970.
                    Emission of smoke the  shade or appearance of which is
                    less than No. 2 on  the Ringelmann Smoke Chart or the
                    equivalent  opacity  of  that  Ringelmann number shall be
                    permitted  for a period or periods aggregating no more
                    than one  and one-half  (1.5) minutes per charge  and
                    one-half  (0.5)  minutes  per  push.

             2.05.  No  person  shall cause,  suffer, allow or permit  emission
                    of  smoke  into the open air  from any storage  structure
                    associated  with any manufacturing  process.

(50.1.1)   Sections.      Control and  Prohibition  of Particulate  Emissions
                          by Weight  From Manufacturing  Process  Source Operations.

              3.01.   No  person shall cause, suffer,  allow  or  permit  particulate
                     matter  to be vented into the open  air from any  type  source
                     operation or duplicate source operation, or from all  air
                     pollution control  equipment installed on any type  source
                     operation or duplicate source operation  in excess  of  the
                     quantity specified under the appropriate  source operation
                     type in the following  table:
                                               -37-

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}perating Source
Operation or Total
Duplicate Source
Dperation Process
Height Rate in
Pounds per Hour *
0
2,500
5,000
10,000
20,000
30,000
40,000
50,000
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,800,000 and
above
Maximum Allowable Total Stack Emission
Rate in Pounds per Hour for the
priate Process Weight and Source
Operation Type


Type 'a1 Type 'b' Type 'c1 Type
000
3 3 9
5 5 13
10 10 19
16 16 26
22 22 32
28 28 36
31 31 40
33 33 54
37 37 70
40 40 80
43 46 88
47 53 94
50 62 99
50 71 99
50 79 99
50 88 99
50 176 99

Appro-




•d'2
0
0.2
0.8
1.8
4.0
6.2
8.3
10.5
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2
21.2

3.02
 For a process weight between any two consecutive process
weights stated in this table the emission limitation
shall be determined by linear interpolation.

^Type 'd1  source operation stack emission rates do not
apply to MINERAL ACIDS. See Sub-Section 3.02.

Mineral acids shall not be released from any type source
operation or duplicate source operation or from all air
pollution control equipment installed on any type source
operation or duplicate operation in excess of the quantity
given in the following table:
                                  -38-

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Mineral Acid
Sulfuric Acid
Mist 	
Nitric Acid
Mist and/or
Vapor 	
Hydrochloric
Acid Mist
and/or Vapor
Phosphoric
Acid Mist
and/or Vapor
Allowable Stack Gas
Concentration in Mil-
ligrams per Dry Cubic
Meter at Standard Con-
ditions from Source
Operations or Dupli-
cate Source Operations
in Existence on the
Effective Date of this
Regulation
70
140
420
6
Allowable Stack Gas
Concentration in Mil-
ligrams per Dry Cubic
Meter at Standard Con-
ditions from Source
Operations or Dupli-
cate Source Operations
Installed After the
Effective Date of this
Regulation
35
70
210
3
3.03.   No person shall circumvent the provisions of this
       regulation by adding additional gas to any exhaust or
       group of exhausts for the purpose of reducing the stack gas
       concentration.

3.04.   If a duplicate source operation that meets the requirements
       of this regulation is expanded or if a source operation that
       meets the requirements of this regulation is expanded to
       form a duplicate source operation, the total allowable
       emission rate for the expanded portion shall be determined
       by the following formula:
                                  1
wet - Ret

  Wet
                                 -39-

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       Where,
           Be. is the total  allowable emission rate in pounds  per
           hour for the new expanded portion of the duplicate
           source operation;

           Wet is the total operating process weight rate in
           pounds per hour of the source operation or duplicate
           source operation prior to expansion plus the operating
           process weight rate of the new expanded portion;

           Ret is the allowable emission rate in pounds per  hour
           found in Sub-Section 3.01 opposite the process weight
           rate, Wet;

           We is the operating process weight rate in pounds  per
           hour for the new expanded portion.

3.05.  Separate stack emission rates for the new expanded portions
       of concern in Sub-Section 3.04 shall  be calculated as  per
       Sub-Section 3.09.   The applicable stack emission rate(s)
       so calculated shall  be additive with  the existing emission
       rate for any stack used to vent both  an existing source
       operation or duplicate source operation(s) and the addition(s)
       or portiori(s) thereof.

3.06   The operating process weight for new  plants which will
       contain duplicate  source operations shall include the
       total  process weight of those duplicate units to be in-
       stalled during the initial five(5) year operating period.

3.07.  Except as noted in Sub-Section 3.08,  the increase of  the
       operating process  weight rate of any  manufacturing process
       source operation or duplicate source  operation by the
       operation or new,  replacement, reactivated, and/or altered
       source operation(s)  which resulted in the increase shall be
       determined as per  Sub-Section 3.04.

3.08.  (a)  Type 'b' duplicate source operations whose air pollution
            control equipment efficiency is  a minimum of 99%  by
            weight and whose total process weight rate is less
            than 250,000  pounds per hour shall be exempted from
            the requirements of Sub-Section  3.01 provided that
            smoke emitted into the open air  from any such duplicate
            source operation is not as dark  or darker in shade or
            appearance than that desingated  as No.l on the
            Ringelmann Smoke Chart or the equivalent opacity  of
            that Ringelmann number.  If a duplicate source operation
            is expanded by the addition of a new source operation(s)
           .and the total operating process  weight rate is then
                                  -40-

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            greater  than  250,000  pounds  per  hour,  the allowable
            emission rates  from the  source operation which resulted
            in  the increase above 250,000 pounds per hour shall be
            determined  as per  Sub-Section 3.03.

       (b)   Primary  aluminum reduction potlines which are equipped
            with  a fluidized bed  reactor or  other  similar gas
            cleaning device which utilizes particulate matter  as
            a media  or  as a component of a media for collecting
            or  reducing the emissions of gaseous fluorides,  shall
            be  exempted from the  requirements  of Sub-Sections
            3.01  and 3.04 provided that:

            (1)  At  least 99%  of  the gaseous fluoride is  removed
                 from the exit gas stream by such  device  prior
                 to  discharging  the  cleaned  gas stream  to the  open
                 air;  and

            (2)  The particulate  matter  loading in the  exit  gas
                 stream is  not greater  than  0.01 grains  per
                 standard cubic  foot of  dry  stack  gas;   and

            (3)  The smoke  emitted into  the  open air  from any  such
                 duplicate  source operation  is not as dark or
                 darker in  shade  or appearance than that  designated
                 as  No. 1 on the  Ringelmann  Smoke  Chart or the
                 equivalent opacity of  that  Ringelmann  number.
                 If  a duplicate  source  operation  is expanded by
                 the addition  of  new source  operation(s)  and the
                 total  operating  process weight rate  is  then
                 greater than  250,000  pounds per  hour,  the allowable
                 emission rates  from the source operation which
                 resulted in the  increase above 250,000 pounds per
                 hour shall be determined as per  Sub-Section 3.04.

3.09.  Where more than one  source operation  or combinations
       thereof, which are part of a duplicate  source  operation,  are
       vented through separate stacks,  the  allowable  stack  emission
       rates for the separate  stacks shall  be  determined by  the
       following formula:
                                  Wt
                                 -41-

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                    Where,

                         RC  is the allowable stack emission rate for the separate
                         stack venting the source operation(s)  in question;

                         Rt  is the total  allowable emission rate for the duplicate
                         source operation;

                         Ws  is the operating process weight rate for the source
                         operation(s)  vented through the separate stack;

                         Wt  is the total  operating process weight rate for the
                         duplicate source operation.

             3.10.   The provisions of this Section shall not apply to the
                    coking of coal.   See  Section 2.

             3.11.   Any stack serving  any process source operation or air
                    pollution control  equipment on any process  source operation
                    shall contain flow straightening devices or a vertical run
                    of sufficient length  to establish flow patterns consistent
                    with acceptable stack sampling procedures.

             3.12.   Potential Hazardous Material Emissions.

                    Persons  responsible for manufacturing process source operations
                    from which hazardous  particulate material may be emitted such
                    as, but  not limited to, lead, arsenic, beryllium, and other
                    such materials shall  give the utmost care and consideration
                    to the potential  harmful effects of the emissions resulting
                    from such activities.   Evaluation of these  facilities as
                    to adequacy, efficiency and emission potential will  be made
                    on an individual  basis by the Commission working in
                    conjunction with  other appropriate governmental agencies.

(50.1)    Section 4.       Control of Fugitive Particulate Matter.

             4.01.   No person shall  cause, suffer, allow or permit any
                    manufacturing process generating fugitive particulate
                    matter to operate that is not equipped with a fugitive
                    particulate matter control  system.  This system shall be
                    operated and maintained in  such a manner as to minimize
                    the emission of fugitive particulate matter.          . .    •

             4.02.   The owner or operator of a  plant shall maintain dust control
                    of the plant premises and plant owned, leased, or controlled
                    access roads by paving or other suitable measures.  Good
                    operating practices shall be observed in relation to
                    stockpiling and general maintenance to prevent dust
                                             -42-

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(3.0)
(9.0)
(13.0)
           generation and atmospheric entrainment.

Section 5.       Registration.

    5.01.  After the effective date of this regulation all  persons
           owning and/or operating an existing manufacturing process
           source operation not previously registered shall register
           such source operation with the Commission.  The  information
           required for registration shall be determined by the
           Director, and shall be provided in the manner specified
           by the Director.

    5.02.  After the effective date of this regulation the  owner
           and/or operator of a manufacturing process source operation
           that is constructed, modified, or relocated in compliance
           with Regulation XIII shall register such process source
           with the Commission thirty (30) days after completion of
           such construction, modification or relocation.  The
           information required for registration shall be determined
           by the Director, and shall be provided in the manner
           specified by the Director.

Section 6.       Reports and Testing.

    6.01.  At such resonable times as the Director may designate, the
           operator of any manufacturing process source operation
           may be required to conduct or have conducted stack tests
           to determine the particulate matter loading in exhaust gases
           when the Director has reason to believe that the stack
           emission limitation(s) is/are being violated.  Such tests
           shall be conducted in such manner as the Director may
           specify and be filed on forms and in a manner acceptable
           to the Director.  The Director, or his duly authorized
           representative, may at his option witness or conduct
           such stack tests.  Should the Director exercise his
           option to conduct such tests, the operator will  provide
           all the necessary sampling connections and sampling ports
           to be located in such manner as the Director may require,
           power for test equipment, and the required safety equipment
           such as scaffolding, railings, and ladders to comply with
           generally accepted good safety practices.

    6.02.  The Director, or his duly authorized representative may
           conduct such other tests as he may deem necessary to
           evaluate air pollution emissions other than those noted  in
           Section 2 and 3.
                                              -43-

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(6.0)
Section 7.
                Compliance Programs and Schedules.
(5.0)
    7.01.  In the event that process equipment or operations in
           existence prior to the adoption of this regulation do not
           meet the emission limitations, an acceptable program to
           fully comply with the regulation shall be developed and
           offered to the Commission by the person responsible for
           the installation.  This program shall  be submitted upon
           the request of and within such time as shall be fixed by
           the Commission.  Once this program has been approved by the
           Commission, the owner,: and/or operator of such installation
           shall not be in violation of this regulation so long as
           the approved or amended program is observed.  Compliance
           programs, schedules, and variances that have previously been
           issued by the Commission under Regulation VII (1970)
           shall remain in effect until the expiration date of that
           compliance program, schedule, or variance.

    7.02.  In the event that an owner or operator of such process .
           equipment fails to submit a program or an acceptable
         .  program and schedule, the Commission shall, by order,
           determine the compliance program and schedule.

                Variance.
Section 8.

    8.01.
(2.0)
(2.0)
           Due to unavoidable malfunction of equipment, emissions
           exceeding those provided for in this regulation may be
           permitted by the Director for periods not to exceed
           10 days upon specific application to the Director.  Such
           application shall be made within 24 hours of the malfunction.
           In cases of major equipment failure, additional time periods
           may be granted by the Commission provided a corrective
           program has been submitted by the owner or operator and
           approved by the Commission.

                Exemptions.

           Provisions of  this Regulation shall not apply  to  particulate
           emissions regulated by Regulations II, III.V, and VI or to
           internal combustion engines, aircraft, and air entrained
           particulate matter from public or private carriers.

Section 10.     Effective Date.

    Regulation VII (1974) shall  become effective October 1,  1974, and
    shall supersede Regulation VII (1970) which was adopted  by the
    West Virginia Air Pollution Control Commission on the 27th day of
    May, 1970, and became effective July 1, 1970, and was filed iwith
    the Secretary of State  May 28, 1970.                       '
Section 9.

    9.01.
                                                -44-

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(4.1)
(4.2)
(2.0)
(1.0)
                           REGULATION  VIII

                AMBIENT AIR QUALITY STANDARDS  FOR SULFUR

                     OXIDES AND PARTICULATE  MATTER.

Section 1.       Anti-Degradation Policy.

    1.01.  In the best interests of the State  of West Virginia,  it  is
           the objective of the Commission  to  obtain  and  maintain
           the cleanest air possible,  consistent with the best
           available technology.

           Where the present ambient air is  of better quality
           than the established standards,  the Commission will
           develop long-range plans to protect the difference between
           the present pquality and the established standards.
           The plans will be based upon the  best available forecasts
           of probable land and air uses in  such areas of high
           air quality.

           The air quality of these areas will not be lowered unless
           it has been clearly demonstrated  to the Commission that
           such a change is justifiable as  a result of necessary
           economic or social development and  will not result in a
           statutory air pollution.

           This will  require that any industrial, public, or private
           project or development which could  constitute  a new source
           of air pollutants, within an area of such  high air quality,
           provide the best practicable control available under
           existing technology as part of the  initial project.

Section 2.       Definitions.

    2.01.  "Air Pollutants" shall mean solids, liquids or gases which,
           if discharged into the air, may  result in  a statutory air
           pollution.

    2.02.  "Air Pollution", 'statutory air  pollution1, shall have the
           meaning ascribed to it in Section Two of Chapter Sixteen,
           Article Twenty of the Code of West  Virginia, as amended.

    2.03.  "Commission" shall mean the West  Virginia  Air  Pollution
           Control Commission.

    2.04.  "Person" shall mean any and all  persons, natural or artificial,
           including any municipal, public,  or private corporation
           organized or existing under the  law of this or any other
                                               -45-

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                     state  or  coutry,  and  any  firm, partnership, or association
                     of whatever  nature.

              2.05.   "Participate Matter"  shall mean any material, except   '
                     uncombined water,  that  exists in a finely divided form
                     as a  liquid  or solid.
                                                                             i
              2.06.   "Standard Conditions" shall mean, for  the purposes of this
                     regulation,  a temperature of 25°C and  a pressure of 760
                i     millimeters  of mercury  column.

              2.07.   "Ambient  Air Quality  Standards" shall  mean the numerical
                     expression of a specified concentration level for a
                     particular air pollutant  in the ambient air and the
                     time-averaging interval over which that concentration
                     level  is  measured.

(4.1)      Section  3.       Ambient Air Quality  Standards.
(4.2)
              3.01.   The following ambient air quality standards shall not be
                     exceeded  at  any sampling  site:

                     (a)  Sulfur  Dioxide

                            Primary Standard

                               Annual  Arithmetic Mean - 80 micrograms per
                               cubic meter  (0.03 parts per million)

                               Maximum 24-Hour Concentration - 365 micrograms
                               per cubic  meter (0.14 ppm)  - not to be exceeded
                               more than  once per year

                            Secondary Standard

                               Maximum Three  (3) Hour Concentration -
                               1300 micrograms per cubic meter  (0.50 ppm) -
                               not to be  exceeded more than once  per year

                     (b)  Particulate Matter

                            Primary Standard

                               Annual  Geometric Mean - 75  micrograms per
                               cubic meter

                               Maximum 24-Hour Concentration - 260 micrograms
                               per cubic  meter - not to be exceeded more than
                               once per year
                                               -46-

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(9.0)
Section 4.

    4.01.
             4.02.
(2.0)
        Secondary Standard

           Annual Geometric Mean - 60 micrograms  per
           cubic meter

           Maximum 24-Hour Concentration - 150 micrograms
           per cubic meter - not to be exceeded more than
           once per year

     Methods of Measurement.
Suspended particulate matter concentrations shall  be
determined by high-volume filtration or by such other     '
methods approved as equally or more specific, accurate,
sensitive, and reproducible by the West Virginia Air
Pollution Control Commission.*

Sulfur dioxide concentrations shall be determined by
any of the methods listed below or by such other methods
approved as equally or more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution Control
Commission:
                    (a)
                    (b)
                Utilization of the
                method as modified
                        West-Gaeke (pararosaniline)
                        by Scaringelli, et al.
Section 6.
     The use of a continuous sampling and recording
     instrument based on coulometric, colorimetric, or
     an equivalent principle and utilizing the modified
     West-Gaeke analytical procedure as a standard means
     of calibration.

     Effective Date.
             Regulation VIII (1972) shall  become effective March 15,  1972,  and
             shall supersede Regulation VIII (1970)  which was adopted by the
             West Virginia Air Pollution Control Commission on the 31st day of
             August, 1970, and became effective October 1, 1970, and  was filed
             with the Secretary of State on August 31,  1970.

                    1 "Air Pollution Measurements of the National  Air Sampling
                    Network: Analysis of Suspended Particulates, 1957-1961."
                    Public Health Service Pub.  No. 978, Washington D.C., 1962.
                    2
                      Scaringelli, F. P.,  Saltzman,  B.  E., and Frey,  S. A.,
                    Spectrophotometric Determination of Atmospheric Sulfur
                    Dioxide."  Analytical  Chemistry, Vol. 39, pp.  1709-1719,
                    December, 1967.
                                               -47-

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(4.4)
(4.5)
(4.6)
(2.0)
(1.0)
                          REGULATION IX

           AMBIENT AIR QUALITY STANDARDS FOR CARBON  MONOXIDE,

          NON-METHANE HYDROCARBONS.  AND PHOTOCHEMICAL  OXIPANTS.

Section 1.      Anti-Degradation Policy.

    1.01.   In the best interests of  the State of West  Virginia,  it
           is the objective of the Commission to obtain  and  maintain
           the cleanest air possible, consistent with  the  best
           available technology.

           Where the present ambient air is of better  quality than
           the established standards, the Commission will  develop
           long-range plans to protect the difference  between the
      ;     present quality and the established standards.  The  plans
           will be based upon the best available forecasts of
           probable land and air used in such areas  of high  air quality.

           The air quality of these  areas will not be  lowered unless
           it has been clearly demonstrated to the Commission that  such
           a change is justifiable as a result of necessary  economic
           or social development and will not result in  "Statutory
           Air Pollution".  This will require that any industrial,
           public, or private project or development which could
           constitute a new source of air pollutants,  within an area
           of such high air quality, provide the best  practicable
           control available under existing technology as  part  of the
           initial project.

                Definitions.
Section 2.

    2.01.
             2.02.
           "Air Pollutants" shall mean solids, liquids, or gases which,
           if discharged into the air, will result in a statutory
           air pollution.

           "Air Pollution", 'statutory air pollution', shall  have the.
           meaning ascribed to it in Section Two of Chapter Sixteen,
           Article Twenty of the Code of West Virginia, as amended,.
             2.03.  "Commission" shall  mean the West Virginia Air Pollution
                    Control  Commission.

             2.04.  "Person" shall  mean any and all  persons,  natural  or artificial,
                    including any municipal, public, or private corporation.
                    organized or existing under the  law of this or any other
                    state or country and any firm, partnership, or association
                                               -48-

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                    of  whatever  nature.

             2.05.   "Hydrocarbons"  shall mean  compounds whose molecules
                    consist  of atoms  of  hydrogen and  carbon and exist in the
                    atmosphere in  the gas  phase.   Specifically excluded are
                    hydrocarbons and  other organics associated only with
                    suspended particles  in the atmosphere.  For purposes of
                    these  quality  standards non-methane hydrocarbons shall be
                    taken  to be  the difference between the reported total
                    hydrocarbons and  methane values obtained from  an air sample.

             2.06.   "Photochemical  Oxidant" shall  be  the  term used to describe
                    the net  oxidizing ability  of the  ambient air.  Oxidants are
                    produced in  the ambient air as the result of complex
                    photochemical  reactions.

             2.07.   "Standard Conditions"  shall mean  for  the purposes of this
                    regulation a temperature of 25°C  and  a pressure of  760 mm
                    of  mercury column.

             2.08.   "Ambient Air Quality Standards" shall mean the numerical
                    expression of  a specified  concentration level  for a
                    particular air pollutant in the ambient air and the time
                    averaging  interval  over which  that concentration  level is
                    measured.

(4.4)     Section 3.       Ambient Air  Quality Standards.
(4.5)
(4.6)         3.01.   The following  air pollutant concentrations shall  not be
                    exceeded at  any sampling site:

                    (a)  Carbon  Monoxide

                            Maximum Eight (8)  Hour Concentration,  10  milligrams
                            per  cubic meter (9ppm) -  not  to be exceeded more
                            than once per year.

                            Maximum One (1) Hour Concentration, 40 milligrams
                            per  cubic meter (35ppm) - not to  be exceeded more
                            than once per year.

                    (b)  Photochemical Oxidants (Measured and Corrected For
                         Interferences Due to  Nitrogen Oxides and  Sulfur
                         Dioxide)

                            Maximum One (1) Hour Concentration,  160 micrograms
                            per  cubic meter (0.08  ppm) -  not  to  be exceeded more
                            than once per year.
                                               -49-

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(9.0)
Section 4.

    4.01.
             4.02.
             4.03.
             4.04.
(c)  Hydrocarbons (Measured and Corrected for Methane)

        Maximum Three (3) Hour Concentration, 160 micro-
        grams per cubic meter (0.24ppm) for the time period
        of 6:00 a.m. to 9:00 a.m.  - not to be exceeded more
        than once per year.

The hydrocarbon standard is to be used as a guide in
devising implementation plans to achieve oxidant
standards.

     Methods of Measurement.
(2.0)     Section  5.
Carbon Monoxide concentrations shall be determined by
nondispersive infrared (NDIR) methods or by such other
methods approved as equally or more specific, accurate,
sensitive, and reproducible by the West Virginia Air
Pollution Control Commission.

Photochemical Oxidant concentrations shall be determined
by the neutral buffered potassium iodide method as modified
by Saltzman, et al, or by such other methods approved as
equally or more specific, accurate, sensitive, and repro-
ducible by the West Virginia Air Pollution Control Commission.

Hydrocarbon concentrations shall be determined by subtraction
of methane concentrations from total hydrocarbon concen-
trations determined by the flame ionization technique or
by such other methods approved as equally or more specific,
accurate, sensitive, and reproducible by the West Virginia
Air Pollution Control Commission.

Other less specific methods of measurement may be used
provided an accurate method of conversion can be developed
to express the results in terms of equivalence to those that
would be expected using the above methods of other more
specific, accurate, sensitive, and reproducible methods
approved by the West Virginia Air Pollution Control
Commission.

     Effective Date.
             Regulation  IX  shall  become  effective  September 1,  1971.
                                               -50-

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(50.2)                               REGULATION  X

                         TO PREVENT  AND  CONTROL AIR  POLLUTION  FROM

                              THE  EMISSION  OF SULFUR OXIDES

(2.0)     Section 1.       Intent  and  Purpose.

             1.01.   Fuel  Quality Goals.   It is  the  intent  of the  Commission
                    that  all  persons engaged  in the  burning of fuel make  a
                    maximum effort to utilize the best quality fuel available
                    regardless of  the requirements  of this regulation.

(1.0)     Section 2.       Definitions.

             2.01.   "Air  Pollution", 'statutory air  pollution1, shall  have
                    the meaning  ascribed to it  in Section  Two  of  Chapter  Sixteen,
                    Article Twenty of the Code  of West Virginia,  as amemded.

             2.02.   "Air  Pollutants" shall  mean solids, liquids,  or gases which,
                    if discharged  into the  air, may  result in  a statutory air
                    pollution.

             2.03.   "Commission" shall mean the West Virginia  Air Pollution
                    Conrol  Commission.

             2.04.   "Director" shall mean the director of  the  West Virginia
                    Air Pollution  Control Commission.

             2.05.   "Person" shall mean any and all  persons,  natural  or artificial,
                    including any  municipal,  public or private corporation
                    organized or existing under the laws of  this  or any other
                    state or country, and any firm,  partnership,  or association
                    of whatever  nature.

             2.06.   "Fuel Burning  Unit" shall mean  and include any furnace,
                    boiler apparatus, device, mechanism, stack or structure
                    used  in the  process of burning  fuel or other  combustible
                    material for the primary purpose of producing heat or power
                    in indirect  heat transfer.  For the purposes  of this
                    regulation,  all  fuel burning  units are classified in  the
                    following categories:

                    (a)  Type 'a1  shall  mean any  fuel burning  unit which  has
                         as its  primary purpose the generation of steam or,
                         other vapor to produce electric power for sale.

                    (b)  Type 'b1  shall  mean any  fuel burning  unit not classi-
                         fied as a Type 'a' or  Type 'c1 unit  such as  industrial
                                                -51-

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            pulverized-fuel-fired furnaces, cyclone furnaces,
            gas-fired and liquid-fuel-fired units.

       (c)  Type 'c' shall mean any hand-fired or stoker-fired
            fuel burning unit not classified as a Type 'a'  unit.

2.07.  "Fuel" shall mean any form of combustible matter (solid,
       liqued, vapor, or gas) that is used as a source of heat.

2.08.  "Priority I Regions", "Priority II Regions", and "Priority III
       Regions" are defined as follows:
       Priority        Federal Air Quality    Included West
       Classification  Control Region         Virginia Counties
                       Region I-Steubenville-    Brooke
                       Weirton-Wheeling Inter-   Hancock
                       state Air Quality Control  Marshall
                       Region(Ohio-W.  Va.)       Ohio
                       Region VII-Cumberland-    Grant (Union District
                       Keyser Interstate Air     only) Mineral (Elk,
                       Quality Control Region    New Creek, and
                       (W. Va. - Md.)            Piedmont Districts)
       II              Region II-Parkersburg-    Jackson
                       Marietta Interstate Air   Pleasants
                       Quality Control Region    Tyler
                       (W. Va. - Ohio)           Wetzel & Wood
       III             All other regions         All other counties
                                                 or districts not
                                                 listed above
2,09.   "Air Pollution Control  Equipment" shall  mean any equipment
       used for collecting, confining, or converting air pollutants
       for the purpose of preventing or reducing the emission of
       These pollutants into the open air.
                                  -52-

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2.10.   "Manufacturing Process"  shall  mean  any action,  operation
       or treatment embracing chemical,  industrial,  or manu^
       facturing efforts, and employing,  for example,  heat-
       treating furnaces, by-product  coke  plants,  core-baking  ovens,
       mixing kettles, cupolas, blast furnaces,  open hearth
       furnaces, heating and reheating furnaces, puddling  furnaces,
       sintering plants, electric steel  furnaces,  ferrous  and
       non-ferrous foundries, kilns,  stills, driers, crushers,
       grinders, roasters, and equipment used in connection
       therewith, and all other methods  or forms of manufacturing
       or processing that may emit sulfur dioxide or other sulfur
       comppunds.

2.11.  - "Source Operation" shall mean  the last operation  in a
       manufacturing process preceding the emission of air
       pollutants which operation:

       (a)  Results in the separation of the air pollutant from the
            process materials or in the conversion of the  process
            materials into air pollutants: and

       (b)  Is not an air pollution abatement operation.

2.12.   "Sulfur Dioxide" is an air pollutant which is a nonflammable,
       nonexplosive, colorless, gaseous molecule composed  of one
       atom of sulfur and two atoms of oxygen.  In concentrations
       of 0.3 to 1.0 parts per million and above, most people can
       detect it by taste;  in concentrations greater than 3.0 parts
       per million it has a pungent,  irritating odor to  most
       people.

2.13.   "Plant" shall mean and include all  fuel burning units,
       source operations, equipment and grounds utilized in  an
       integral complex.

2.14.   "Equivalent Fuel Sulfur Content" shall mean that  quantity
       of sulfur dioxide  in pounds per million British Thermal
       Units  (B.T.U.'s) which corresponds to a given percent
       slufur in fuel being burned and is calculated on  the  base's
       of 100 percent conversion of the sulfur to sulfur dioxide
       and assuming that  no sulfur or sulfur dioxide recovery or
       control  measures are employed.

2.15.   "Stack", for the purposes of this regulation, shall mean but
       not be limited to, any duct, control equipment exhaust,
       or similar apparatus, which vents gases and/or particulate
       matter into the open air.
                                  -53-

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(51.6)    Section 3.            Sulfur Dioxide  Weight  Emission  Standards  For
                              Fuel  Burning  Units.                            i

             3.01.   Maximum Allowable Emission  Rates For  Similar Units  In
                    Priority I  and  Priority II  Regions.

                    (a)   Not later  than  June  30,  1975,  no person shall  cause, .
                         suffer,  allow,  or  permit the discharge of  sulfur
                         dioxide  into the open  air from all stacks  located at
                         one plant,  measured  in terms of  pounds per hour, in
                         excess of  the amount determined  as follows:

                         (1)  For Type 'a1  fuel burning units, the  product of
                              2.7 and the total design  heat inputs  for  such
                              units  discharging through those stacks  in million
                              (B.T.U.'s) per  hour.

                         (2)  For Type  'b1 and Type 'c1  fuel burning units,
                              the product of  3.1  and the  total design heat
                              inputs for such units  discharging through those
                              stacks in  million B.T.U.'s  per  hour.

                    (b)   Not later  than  June  30,  1978,  no person shall  cause,
                         suffer,  allow,  or  permit the discharge of  sulfur
                         dioxide  into the open  air from all stacks  located at
                         one plant measured in  terms of pounds per  hour, in
                         excess of  the amount determined  as follows:

                         (1)  For Type 'a'  fuel burning units, the  product
                              of  2.0 and the  total design heat inputs for such
                              units  discharging through those stacks  in million
                              B.T.U.'s per  hour,  provided however,  that no more
                              than 45,000 pounds  per hour of  sulfur dioxide  shall
                              be  discharged into  the open air from  all  such
                              stacks.

                         (2)  For Type 'b'  and  Type  'c' fuel  burning  units,
                              the product of  2.3  and the  total design heat inputs
                              for such units  discharging  through those  stacks in
                              million B.T.U.'s  per hour,  provided however, that
                              no  more than  8,000  pounds per hour of sulfur
                              dioxide shall be  discharged into the  open air
                              from  all such stacks.

             3.02.   Maximum Allowable Emission  Rates For  Similar Units  In
                    Region  IV (Kanawha Valley Air Quality Control Regions:
                    Kanawha County,  Putnam  County, and  Falls  and Kanawha
                    Magisterial Districts of  Fayette County).
                                              -54-

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       Not later than January 1,  1973,  no   person  shall  cause,
       suffer,  allow, or permit the  discharge  of sulfur  dioxide
       into the open air from all  stacks  located at  one  plant,
       measured in terms of pounds per  hour, in excess of  the
       amount determined as follows:

       (a)  For Type 'a1 fuel burning units, the product of  1.6
            and the total design heat inputs for such units
            discharging through those stacks in million  B.T.U.'s
            per hour, provided however, that no more than  45,000
            pounds per hour of sulfur dioxide  shall  be discharged
            into the open air from all  such stacks.

       (b)  For Type 'b' and Type 'c1 fuel  burning units,  the
            product of 1.6 and the total  design heat inputs  for
            such units discharging through  those stacks  in
            million B.T.U.'s per hour,  provided however, that  no
            more than 5.500 pounds per  hour of sulfur dioxide  shall
            be discharged into the open air from all such  stacks.

3.03.   Maximum Allowable Emission Rates For Similar Units  In All
       Priority III Regions Except Region  IV.

       (a)  Not later than June 30,  1975,  no person shall  cause,
            suffer, allow, or permit the discharge of sulfur
            dioxide into the open air from  all stacks located  at
            one plant, measured in terms of pounds per hour, in
            excess of the amount determined as follows:

            (1)  For Type 'a1 fuel burning  units,  the product  of
                 3.2 and the total design  heat inputs for  such
                 units discharging through  those stacks  in million
                 B.T.U.'s per hour.

            (2)  For Type 'b1 and Type  'c1  fuel  burning  units,
                 the product or 3.2  and the total  design heat
                 inputs for such units  discharging through those
                 stacks in million B.T.U.'s per hour.

       (b)  Not later than June 30,  1978,  the  requirements of
            Sub-Section 3.01 (b) shall  apply to all  Type 'a',
            Type 'b', and Type 'c' fuel burning  units.

3.04.   Allowable Emission Rates For  Individual Stacks.

       The maximum allowable emission  rate  for an  individual
       stack shall not exceed by more than  25  percent  the  emission
       rate determined by prorating  the total  allowable  emission
       rate specified in Sub-Sections 3.01, 3.02,  or 3.03  on the
                                  -55-

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       basis of individual  unit heat input at design  capacity  for
       all  fuel burning units discharging  through that  stack.

       Subject to the provisions of this regulation,  allowable
       emission rates for individual stacks shall be  determined
       by the owner and/or operator and registered with the
       Commission at the request of and on forms  provided by the
       Director,  Such rates shall  be subject to  review and approval
       by the Director.

       The approved set of individual stack allowable emission
       rates shall become an official part of the compliance
       schedule and any permits concerning such source  or sources,
       and shall not be changed without the prior written approval
       of the Director.

3.05.   Weight Emission Standards For Manufacturing Process Source
       Operations.

       (a)   Not later than June 30, 1975,  no person shall cause,
            suffer, allow, or permit the emission into  the open
            air from any source operation  an in-stack sulfur
            dioxide concentration exceeding 2,000 parts per million
            by volume from existing source operations,  except
            as provided in Sub-Sections (b), (c), (d),  (e), and (f)
            following.

       (b)   Not later than June 30, 1975,  no person shall cause,
            suffer, allow, or permit sulfur dioxide tail gas
            emissions from sulfuric acid manufacturing  plants  to
            exceed the following:

            (1)  For plants using elemental sulfur as a feed stock,
                 30 pounds per ton of acid produced;  and

            (2)  For plants using other materials as  a  feed stock,
                 40 pounds per ton of acid produced.

       (c)   Not later than June 30, 1975,  no person shall cause,
            suffer, allow, or permit the emission of sulfur oxides,
            calculated as sulfur dioxide,  from a  sulfur recovery
            plant to exceed 0.06 pounds per pound of sulfur pro-
            cessed.

       (d)   Not later than June 30, 1975,  no person shall cause,
            suffer, allow, or permit the combustion of  any refinery
            process gas stream or any other process gas stream
            that contains hydrogen  sulfide in a concentration
                                 -56-

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                         greater  than  50  grains  per  100 cubic feet of gas.  In
                         certain  cases very  small  units may be considered
                         exempt from this requirement  if,  in the opinion
                         of  the Commission,  compliance would be economically
                         unreasonable  and if the contribution of the unit to
                         surrounding air  quality could be  considered negligible.

                    (e)   No  person  shall  cause,  suffer, allow, or permit the
                         emission of sulfur  oxides,  calculated as sulfur
                         dioxide, from primary non-ferrous smelters to  exceed
                         that determined  by  the  following  equations:


                              Copper Smelters:                Y = 0.2X    n OK
                              Zinc  Smelters:                 Y = 0.564 X u'Bt)
                              Lead  Smelters:                 Y = 0.98  X °-77

                         Where X  is the total  sulfur fed  to the smelter in pounds
                         per hour,  and Y  is  the  allowable  sulfur dioxide
                         emissions  in  pounds per hour.

                    (f)   No  person  shall  cause,  suffer, allow, or permit the
                         total sulfite pulp  mill emissions of sulfur oxides,
                         calculated as sulfur dioxide, from operations  such as
                         blow pits, washer vents, storage  tanks, digester relief,
                         and recovery  system,  to exceed 9.0 pounds  per  air-dried
                         ton of pulp produced.

(3.0)     Section 4.       Registration.

             4.01.   Within thirty (30) days  after the effective date of this
                    regulation all  persons owning and/or  operating  a source(s)
                    of sulfur dioxide  subject to this regulation and not
                    previously registered shall  have registered such source(s)
                    with the Commission.   The information  required  for  registra-
                    tion shall be determined and provided  in the manner specified
                    by the Director.  Registration forms  should be  requested
                    from the Director  by the owner and/or operator  of such
                    source(s).

             4.02   The owner and/or operator of a source(s)  of sulfur  dioxide
                    that is  under construction or on which construction is
                    initiated within thirty  (30) days after the effective date
                    of this  regulation shall register such source(s) within
                    this thirty (30) day period.
                                               -57-

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(3.0)
Section 5.
Permits.
(9.0)
(13.0)
    5.01.  After the effective date of this regulation,  no person shall
           construct or modify any source of sulfur dioxide without
           first obtaining a permit for such construction or modification.
           Applications for permits shall be made upon forms available
     .      from the Director and shall be filed no less  than ninety (90)
    .'      days prior to the construction or modification.  These forms
           shall include such information as in the judgment of the
           Director will enable him to determine whether such source
           will be so designed as to operate in conformance with.the
       i    provisions of this regulation and the Code of West Virginia,
           and will not cause or contribute to the violation of
           Secondary Air Quality Standards.  Within ninety (90) days
           of the receipt of an application the Director shall  issue
           or deny such permit in accordance with the provisions of
           Section 2 of Chapter 16, Article 20, Paragraph lib or the
           Code of West Virginia, as amended.

Section 6.       Reports and Testing.

    6.01.  Tests to determine compliance with the allowable sulfur
        ,   dioxide emission limitations of this regulation shall be based
           on a two (2)-hour averaging time.

    6.02.  (a)  At the request of the Commission the owner and/or  ,
                operator of a source shall install such  stack gas
                monitoring devices as the Director deems necessary to
                determine compliance with the provisions of this
                regulation.  The data from such devices  shall be
                readily available at the source location or such other
                reasonable location that the Director may specify.  At
                the request of the Director, or his duly authorized
                representative, such data shall be made  available for
                inspection or copying.  Failure to promptly provide such
                data shall constitute a violation of this regulation.

           (b)  Prior to the installation of calibrated  stack gas '
                monitoring devices, sulfur dioxide emission rates
                shall be calculated on an equivalent fuel sulfur
                content basis.

    6.03.  At such reasonable times as the Director may designate,
           the owner or operator of a source(s) of sulfur dioxide
           may be required to conduct or have conducted  tests to deter-
           mine the compliance of such source(s) with the emission
           limitations of Section 3.  Such tests shall be conducted
           in such manner as the Director may specify and be filed
           on forms and in a manner acceptable to the Director.
                                              -58-

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             6.04.
             6.05.
(6.0)
Section 7.

    7.01.
(5.0)
             7.02.
Section 8.

    8.01.
The Director, or his duly authorized representative,  may
at his option witness or conduct such tests.   Should  the
Director exercise his options to conduct such tests,  the
operator will provide all necessary sampling  connections
and sampling ports to be located in such manner as the
Director may require, power for test equipment, and the
required safety equipment such as scaffolding, railings,
and ladders to comply with generally accepted good safety
practices.

The Director, or his duly authorized representative,  may
conduct such other tests as he may deem necessary to
evaluate air pollution emissions other than those noted in
Section 3.

The operators of the fuel burning units or persons selling
fuel shall submit data on the fuel used or sold for use in
such units.  Such data shall be reported in the manner the
Director may specify.  However, reports on such data shall
not exceed one (1) per month.  Such reports must be filed
within fifteen (15) days of the end of the established
reporting period and will include, but not necessarily
be limited to, information such as the quantity of fuel
burned or sold and the sulfur, moisture, volatile matter,
and B.T.U. content.

     Compliance Programs and Schedules.

In the event that a source(s) of sulfur dioxide in
existence prior to the adoption of this regulation does not
meet the emission limitaions, an acceptable program to fully
comply with the regulation shall be developed and offered
to the Commission by the person responsible for the source.
This program shall be submitted upon the request of, and
within such time as shall be fixed by, the Commission.  Once
this program has been approved by the Commission, the
owner and/or operator of such installation shall not be in
violation of this regulation so long as the approved or
amended program is observed.

In the event that an owner or operator of such a source(s)
of sulfur dioxide fails to submit a program or an acceptable
program and schedule, the Commission, shall, by order,
determine the compliance program and schedule.

     Variance.

Due to unavoidable malfunction of equipment or inadvertent
                                              -59-

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                    fuel  shortages,  emissions  exceeding  those provided for
                    in  this  regulation may be  permitted  by the Director for
                    periods  not to exceed  ten  (10)  days  upon  specific application
                    to  the Director.   Such application shall  be made within
                    twenty-four (24)  hours of  the equipment malfunction or fuel
                 .   shortage.   Incases of  major equipment failure,  additional
                    time  periods may be granted by the Commission provided a
                    corrective program has been submitted by  the owner or  ;
                    operator and approved  by the Commission.

(2.0)     Section9.       Exemptions  and Recommendations.

             9.01.   All fuel burning  units having a heat input under ten (10)
                    million  B.T.U.'s  per hour  will  be exempt  from Section 3
                    through  Section  8.  However, failure to attain  acceptable
                    air quality in parts of some urban areas  may require the
                    mandatory control  of these sources at a later date.

             9.02.   In  an effort to  avoid  the  necessity  for such mandatory
                    controls the Commission strongly recommends that specific
                    fuel  quality objectives be met.  In  Priority I  and Priority  II
                    regions  and in cities  in Priority III regions with a
                    population of more than 10,000 (based on  the latest census)
                    the Commission recommeds that no person use or provide for
                    sale  fuel  having  a sulfur  content greater than  that listed
                    in  the following  table for use in residential and other
                    fuel  burning units not otherwise restricted by  this
                    regulation:
Effective Date
June 30, 1972
June 30, 1975
June 30, 1978
Maximum Desirable Persent; Sulfur
Content of Fuels
Coal
3.0
2.0
1.0
Oil
2.0
1.5
0.5
                                               -60-

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(2.0)     Section-10,      Effective Date.
             Regulation X shall  become effective March 15, 1972.
                                              -61-

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(8.0)                                REGULATION XI

                    PREVENTION OF AIR POLLUTION EMERGENCY  EPISODES

(2.0)     Section 1.       Intent and Purpose.

             1.01.   It is the intent of the Commission to  provide a  mechanism
                    to prevent the buildup of air  pollutant concentrations  during
                    periods of adverse meteorological  conditions in  which air
                   j pollutants may accumulate, thereby preventing the occurrence
                    of an emergency due to the effects of  these pollutants  on
                    health.  To achieve this purpose,  three (3) stages of
                    criteria (pollutant concentration  levels)  have  been
                    established and specific emission  reductions plans will
                    be developed which will be initiated at each criteria
                    stage to prevent further deterioration of  the air supply
                    in any air quality region or substantial portion thereof.

(1.0)     Section 2.       Definitions.

             2.01.   "Air Pollution Episode" shall  mean the occurrence of adverse
                    meteorological conditions during which air pollutants   .
                    accumulate, so that the population is  exposed to an elevated
                    concentration of airborne contaminants.

             2.02.   "Commission" shall mean the West Virginia  Air Pollution
                    Control Commission.

             2.03..   "Director" shall mean the director of  the  West  Virginia
                    Air Pollution Control Commission.

             2.04.   "COM" shall be the term used for the coefficient of haze,
                    A COM unit is defined as that  quantity of  light-scatte.ri.ng
                    solids, (on the filter) which produces  an optical density
                    equivalent of 0.01 when measured by light  transmission.

             2.05.   "Particulate Matter1  shall mean any material, except uncom-
                    bined water, that exists in a  finely divided form as a  liquid
                    or solid.

             2.06.   '"Photochemical Oxidant" shall  be the term  used  to describe
                    the net oxidizing ability of the ambient air.

             2.07.   "Standard Conditions" shall mean,  for  the  purposes of this
                    regulation, a temperature of 25°C  and  a pressure of 760
                    millimeters of mercury column.

             2.08.  ."Region" shall mean a Federal  Air  Quality  Control Region
                                              -62-

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       designated by the Secretary of Health,  Education and
       Welfare or the Administrator of the Environmental Protection
       Agency.

2.09.   "Person" shall mean any and all persons, natural or
       artificial, including any municipal, public or private
       corporation organized or existing under the laws of this
       or any other state or country, and any firm, partnership,
       or association of whatever nature.

2.10.   "Priority" shall mean the numerical classification  assigned
       to each Air Quality Control Region by the Environmental
       Protection Agency as follows:
REGION
Region I
Region II
Region III
Region IV
Region V
Region VI
Region VII
Region VIII
Region IX
Region X
POLLUTANT
'articu-
late
I
I
I
I
III
I
I
III
III
III
Sulfur
Oxides
I
II
III
III
III
III
I
III
III
III
Carbon
Monoxide.
Ill
, III
III
III
III
III
III
III
III
III
Nitrogen
Dioxide
III
III
III
III
III
III
III
III
III
III
Photo-
Chemical
Oxidants
III
III
III
III
III
III
III
III
III
III
Hydro-
Carbons
III
III
III
III
III
III
III
III
III
III
                                   -63-

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(8.0)     Section  3.       Episode  Criteria.

             3.01.   Conditions justifying the proclamation of an  Air Pollution
                    Alert or Air  Pollution  Warning  shall  be deemed to exist
                    whenever the  Director and/or  Commission determines  that
                    the accumulation  of air pollutants  in any place  is
                    attaining or  has  attained levels which could, if such
                    levels are exceeded,  lead to  an Air Pollution Emergency.
                    In naking this  determination  the Director and/or Commission
                    shall be guided by the  following criteria:

                    (a)  Air Pollution Forecast.

                         An internal  watch  by the West  Virginia Air  Pollution
                         Control  Commission will  be actuated  by a National
                         Weather  Service  advisory that  an Atmospheric Stag-
                         nation Advisory  is in effect or  the  equivalent local
                         forecast of  stagnant atmospheric conditions is issued
                         by the Commission.

                   ,(b)  Alert.

                         An alert shall be  declared by  the Director  and/or
                         Commission when  any one  of the following levels is
                         reached  at any monitoring  site and meteorological
                         conditions are such that pollutant concentrations
                         can be expected  to remain  at these levels for  twelve
                         (12) or  more hours or increase unless control  actions
                         are taken:

                              Sulfur  Dioxide

                                   800 micrograms  per  cubic  meter  (0.3 parts
                                   per million),  24 hour average

                  :            Particulate Matter
                  i
                                   3.0 COHs, 24-hour average

                              Sulfur  Dioxide and  Particulate  Matter  Combined  .

                                   Product of sulfur dioxide parts  per million,
                                   24-hour average, and  COHs, 24-hour  average,
                                   equal to 0.2

                              Carbon  Monoxide

                                   17 milligrams per cubic meter (15 parts  per
                                   million), 8-hour average
                                              -64-

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          Oxidant  (03)
                200  micrograms  per  cubic meter  (0.1 parts
                per  million), 1-hour average
          Nitrogen  Dioxide
                282 micrograms  per  cubic meter  (0.15 parts
                per million), 24-hour  average
(c)   Warning.
     A warning shall  be declared  by the  Commission when  any
     one of the following  levels  is reached  at  any monitoring
     site and meteorological  conditions  are  such  that
     pollutant concentrations can be expected to  remain  at
     these levels for twelve  (12) or more  hours or increase
     unless control  actions are taken:

          Sulfur Dioxide

                1600 micrograms per cubic  meter (0.6 parts
                per million), 24-hour average

          Particulate Matter

                5COHs, 24-hour average

          Sulfur Dioxide and  Particulate Matter Combined

                Product of sulfur dioxide  parts per million,
                24-hour average,  and COHs, 24-hour average,
                equal to 0.8

          Carbon Monoxide

                34 milligrams per cubic  meter  (30 parts  per
                million),  8-hour  average

          Oxidant (03)

                800 micrograms per cubic meter  (0.4  parts  per
                million),  1-hour  average

          Nitrogen Dioxide

                565 micrograms per cubic meter  (0.3  parts
                per million), 24-hour average
                           -65-

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(d)   Emergency.

     Conditions  justifying  the proclamation  of  an Air
     Pollution Emergency shall  be  deemed  to  exist whenever
     the Commission determines that the accumulation of  air
     pollutants  in any place has attained levels which
     require immediate action for  the protection of the
     public health.  The emergency level  indicates that
     air quality is continuing to  degrade and is approaching
     a level that should never be  reached, and  that the  most
     stringent control actions are necessary.   In making
     this determination, the Commission shall declare an
     emergency when any one of the following levels is
     reached at  any monitoring site and meteorological
     conditions  are such that this condition can be expected
     to continue for twelve (12) or more  hours:

          Sulfur Dioxide

                2100 micrograms per cubic meter (0.8 parts
                per million), 24-hour average

          Particulate Matter


                7.0 COHs, 24-hour  average

          Sulfur Dioxide and Particulate  Matter Combined

                Product of  sulfur  dioxide parts per million,
                24-hour average and COHs, 24-hour average,
                equal to 1.2

          Carbon Monoxide

                46 milligrams per  cubic meter (40 parts  per
                million), 8-hour average

          Oxidant (03)

                1200 micrograms per cubic meter (0.6 parts
                per million), 1-hour average

          Nitrogen Dioxide

                750 micrograms per cubic  meter  (0.4 parts per
                million), 24-hour  average
                            -66-

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            An emergency will  be declared  by  an  order  entered  by
            the Commission with the written approval of  the
            Governor.

       (e)  Termination.

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

3.02.   The episode criteria presented in Section 3.01  establish
       the basis for emission  control action  to  be initiated to
       prevent an Air Pollution Emergency  Episode.  The  stringent
       control actions required in  Section 6  when the  emergency
       stage has been declared are  designed to prevent air pollutant
       concentrations from reaching levels which, in the judgment
       of the Commission, could constitute imminent and  substantial
       endangerment to health.  These levels  are as follows:

                 Sulfur Dioxide

                       2620 rnicrograms per cubic meter (1.0  parts
                       per million), 24-hour  average

                 Particulate Matter

                       1000 micrograms per cubic meter or
                       8 COHsm 24-hour average

                 Sulfur Dioxide and Particulate  Matter Combined

                       Product of sulfur dioxide in micrograms per
                       cubic meter, 24-hour average, and particulate
                       matter in micrograms per  cubic meter,  24-hour
                       average, equal to 490  X 10^; or product of
                       sulfur dioxide in parts per million,  24-hour
                       and COHs, 24-hour average, equal  to  1.5

                 Carbon Monoxide

                       57.5 milligrams per cubic meter (50  parts  per
                       million), 8-hour average

                       86.3 milligrams per cubic meter (75  parts  per
                       million), 4-hour average

                       144 milligrams per  cubic  meter (125  parts
                       per nrniion), 1-hour average
                                   -67-

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                              Photochemical Oxidants

                                    800 micrograms per cubic meter  (0.4 parts
                                    per million), 4-hour average

                                    1200 micrograms per cubic meter (0.6 parts
                                    per million), 2-hour average

                                    1400 micrograms per cubic meter (0.7 parts
                                    per million), 1-hour average

                              Nitrogen Dioxide

                                    938 micrograms per cubic meter  (0.5 parts
                                    per million), 24-hour average

                                    3750 micrograms per cubic meter (2.0 parts
                                    per million), 1-hour average

(9.0)     Section  4.       Methods  of  Measurement.

             4.01.   Sulfur dioxide concentrations shall be determined by any
                    of the methods listed  below or by such other methods
                    approved  as equally or more specific, accurate, sensitive,
                    and  reproducible by the West Virginia Air Pollution Control
                    Commission:

                    (a)   Utilization of the West-Gaeke (paraosaniline) method
                         as modified by Scaringelli, et al.

                    (b)   The  use  of  a continuous sampling and recording
                         instrument  based  on  coulometric, colorimetric, or an
                         equivalent  principle and utilizing the modified
                         West-Gaeke  analytical procedure as a standard means
                         of calibration.

             4.02.   Suspended particulate  matter concentrations shall be
                    determined by any of the  methods listed below or by such
                    other methods approved as equally or more specific, accurate,
                    sensitive, and reproducible by the West Virginia Air
                    Pollution Control Commission:

                    (a)   Filter Tape Sampler

                    (b)   High-Volume Filtration

             4.03.   Carbon monoxide  concentrations shall be  determined  by  non-
                    dispersive infrared (NDIR) methods or by such other methods
                    approved  as equally or more specific, accurate, sensitive,
                                             -68-

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                    and  reproducible  by the West Virginia Air Pollution Control
                    Commission.

             4.04,   Photochemical  oxidant  concentrations shall be determined by
                    the  neutral  buffered potassium  iodide method as modified
                    by Saltman,  et al., or by  such  other methods approved as
                    equally or more specific,accurate,  sensitive, and reproducible
                    by the  West  Virginia Air Pollution  Control Commission.

             4.05.   Nitrogen dioxide  concentrations shall be determined by any
                    of the  methods listed  below or  by such  other methods
                    approved as  equally or more specific, accurate, sensitive,
                    and  reproducible  by the West Virginia Air Pollution Control
                    Commission.

                    (a)   Utilization  of Jacobs-Hocheiser method

                    (b)   The use of a continuous sampling and recording
                         instrument based  on coulometric, colorimetric, or an
                         equivalent principle

(8.0)     Section 5.       Preplanned Reduction  Strategies.

             5.01.   Any  person responsible for the  operation of a stationary
                    source  of air pollutants emitting 100 tons  (90.7 metric tons)
                    per  year or  more  in a  region classified Priority I or  II for
                    any  pollutant, shall prepare standby plans  for  reducing the
                    emission of  air pollutants during periods of an Air
                    Pollution Alert,  Air Pollution  Warning, and Air Pollution
                    Emergency.  Standby plans  shall be  designed to  reduce  or
                    eliminate emission of  air  pollutants in accordance with the
                    objectives set forth in Tables  I, II, and III.

             5.02.   Any  person responsible for the  operation of a source of
                    air  pollutants not set forth under  Section  5.01 shall, when
                    requested by the Commission, prepare standby plans  for
                    reducing the emissions of  air  pollutants  in accordance with
                    the  objectives set forth  in Tables  I,  II, and III.

             5.03.   Standby plans as  required  under Sections 5.01 and  5.02 shall
                    be in writing and shall  include, but not be limited to,
                    identifying  the sources  of air  pollutants,  the  approximate
                    amount  of reduction of pollutants,  and  a brief  description
                    of the  manner in  which the reduction will be achieved
                    during  an Air Pollution  Alert,  Air  Pollution Warning,  and
                    Air  Pollution Emergency.   Such  information  shall be filed
                    on forms and in a manner acceptable to  the  Director.
                                                -69-

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             5.04.   During  a  condition  of Air  Pollution Alert, Air  Pollution
                    Warning,  or  Air  Pollution  Emergency,  standby plans as
                    required  by  this section shall  also be made available.on the
                    premises  to  the  Director or  his duly  authorized repre-
                    sentative.

             5.05.   Standby plans  as required  by this  section shall  be submitted
                    to the  Director  upon request within sixty (60)  days  of
                    the receipt  of such request.  All  standby plans shall be
                    subject to review and approval  by  the Commission.  If,  in
                    the opinion  of the  Commission,  a standby plan does not
                    effectively  carry out the  objectives  as set forth in
                    Tables  I, II,  and III,the  Commission  may disapprove  it,
           ;         state its reason for disapproval,  and order the preparation
                    of an amended  standby plan within  the time period specified
                    in the  order.

(8.0)     Section 6.       Emission  Reduction Plans.

                    (a)  Air  Pollution  Forecast.

                         When the  National Weather  Service issues a public
                         announcement that an  Atmospheric Stagnation Advisory
                         is in effect or the equivalent local forecast of
                  :       stagnant  atmospheric  conditions  is issued  by the
                i  i       West Virginia  Air Pollution Control Commission, no
                         open burning shall be conducted.

                    (b)  Air  Pollution  Alert.

                         When an Air Pollution Alert is declared  in the  manner
                         provided  in Section 3.01 (b), any person responsible
                         for  the operation of  a  source, who is required  under
                         Section 5 to have standby  plans, shall put into effect
                         the  pre-planned abatement  strategy for an  Air Pollution
                         Alert when  notified by  the Director or his duly
                         authorized  representative. All  other persons responsible
                         for  the operation of  sources-of  air pollution shall
                         take actions as  required in Table I.

                    (c)  Air  Pollution  Warning.

                         When an Air Pollution Warning is declared  in the
                         manner  provided  in Section 3.01  (c), any person
                         responsible for  the operation of a source, who  is
                         required  under Section  5 to have standby plans, shall
                         put  into  effect  the preplanned abatement strategy  for
                         an Air  Pollution Warning when notified by  the Director
                         or his  duly authorized  representative.   All other
                                              -70-

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     persons responsible for the operation  of  sources
     of air pollutants  shall take actions as required  in
     Table II.

(d)   Air Pollution Emergency.

     When an Air Pollution Emergency is  declared in  the
     manner provided in Section 3.01 (d), any  person
     responsible for the operation of a  source,  who  is
     required under Section 5 to have standby  plans, shall
     put into effect the preplanned abatement  strategy for
     an Air Pollution Emergency when notified  by the
     Director or his duly authorized representative  of
     such emergency.  All other persons  responsible  for  the
     operation of sources of air pollutants shall  take
     actions as required in Table III.

(e)   When the Director and/or Commission determines  that
     a specified criteria level has been reached at  one  or
     more monitoring sites solely because of emissions from
     a limited number of sources, the Director shall notify
     such source(s) that the preplanned  abatement strategies
     qf Tables I, II, and III or the standby plans are
     required, insofar as it applies to  such source(s),
     and shall be put into effect until  the criteria of
     the specified level are no longer met.
                          -71-

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     TABLE I - EMISSION REDUCTION PLANS

               Alert Level
              Part A.   General

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

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

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

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

     Any person responsible for the operation of a source
     of air pollutants listed below shall take all required
     control actions for this Alert Level:
     Source of Air Pollution
     Control Action
     Coal or oil-fired electric  a.
     power generating facilities
                                 b.
Substantial reduction by
utilization of fuels hav-
ing low ash and sulfur
content

Substantial reduction by
diverting electric power
generation to facilities
outside of Alert  Area

Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
                          -72-

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TABLE I (Continued)
     Source of Air Pollution
    Control  Action
2.   Coal and oil-fired process  a.
     steam generating facilities
3.   Manufacturing industries of a.
     the following classifica-
     tions:

     Primary Metals Industry
     Petroleum Refining
         Operations
     Chemical Industries         b.
     Mineral Processing
         Industries
     Paper and Allied Products
     Grain Industry
Substantial reduction by
utilization of fuels
having low ash and sulfur
content

Substantial reduction of
steam load demands con-
sistent with continuing
plant operations

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

Substantial reduction of
air pollutants from man-
ufacturing operations by
curtailing, post-poning,
or deferring production
and allied operations

Maximum reduction by
deferring trade waste
disposal operations
which emit solid parti-
cles, gases, vapors, or
malodorous substances

Maximum reduction of heat
load demands for
processing

Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
                           -73-

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         TABLE II - EMISSION REDUCTION PLANS

                 Warning Level
               Part A.   General

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

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

3.   Persons operating motor vehicles must reduce operations
     by the use of car pools and increased use of public
     transportation and elimination of unnecessary operation.

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

     Any person responsible for the operation of a source
     of air pollutants listed below shall take all required
     control actions for this Warning Level:
     Source of Air Pollution
   Control Action
     Coal or oil-fired electric  a.
     power generating facilities
Maximum reduction by
utilization of fuels
having lowest ash and
sulfur content

Maximum reduction by
diverting electric
power generation to
facilities outside of
Warning Area

Maximum utilization of
midday (12 noon to 4 p.m.)
atmospheric turbulence
for boiler lancing and
soot blowing
                           -74-

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TABLE II (Continued)
     Source of Air Pollution
  Control Action
2.   Coal and oil-fired process  a.
     steam generating facilities
3.   Manufacturing industries
     which require considerable
     lead time for shut-down
     including the following
     classifications:
     Petroleum Refining
     Chemical Industries
     Primary Metals
          Industries
     Glass Industries
     Paper and Allied Products
Maximum reduction by
utilization of fuels
having lowest available
ash and sulfur content

Substantial reduction of
steam load demands con-
sistent with continuing
plant operations

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

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

Maximum reduction of air
contaminants from man-
ufacturing operations by,
if necessary, assuming
reasonable economic hard-
ships by postponing pro-
duction and allied
operations

Maximum reduction by de-
ferring trade waste dis-
posal operations which
emit solid particles,
gases, vapors, or
malodorous substances

Maximum reductions of
heat load demands for
processing
                          -75-

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TABLE II (Continued)
     Source of Air Pollution
        Control Action
4.   Manufacturing industries
     which require relatively
     short lead times for shut-
     down including the follow-
     ing classification:

     Primary Metals Industries
     Chemical Industries
     Mineral Processing
         Industries
     Grain Industry
d.  Maximum utilization of
    midday (12 noon to 4 p.m.)
    atmospheric turbulence
    for boiler lancing and
    soot blowing

a.  Elimination of air pol-
    lutants from manufac-
    turing operations by
    ceasing, curtailing,
    postponing, or deferring
    production and allied
    operations to the extent
    possible without
    causing injury to persons
    or damage to equipment

b.  Elimination of air pol-
    lutants from trade waste
    disposal processes which
    emit solid particles,
    gases, vapors, or
    malodorous substances

c.  Maximum reduction of heat
    load demands for
    processing

d.  Maximum utilization of
    midday (12 noon to 4 p.m.)
    atmospheric turbulence
    for boiler lancing and
    soot blowing
                           -76-

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     TABLE III- EMISSION REDUCTION PLANS

              Emergency Level
             Part A.   General

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

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

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

     a.  Mining and quarrying of nonmetallic minerals

     b.  All construction work except that which must proceed
         to have in force an air pollution emergency plan

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

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

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

     f.  All retail trade establishments except pharmacies,
         surgical supply distributors, and stores primarily
         engaged in the sale of food
                          -77-

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TABLE III (Continued)

     g.  Banks, credit agencies other than banks,
         securities and commodities brokers, uealers,
         exchanges and services; offices of insurance
         carriers, agents and brokers, real estate offices

     h.  Wholesale and retail laundries, laundry services
         and cleaning and dyeing establishments;  photo-
         graphic studios; beauty shops, barber shops, shoe
         repair shops                                i

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

     j.  Automobile repair, automobile services, garages

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

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

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

5.   The use of motor vehicles is prohibited except in
     emergencies with the approval of local or State police.
                  Part B.  Source Curtailment

     Any person responsible for the operation of a source
     of air pollutants listed below shall take all required
     control actions for this Emergency Level:
                            -78-

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TABLE III  (Continued)
     Source of Air Pollution
     Control Action
     Coal or oil-fired electric
     power generating
     facilities
a.
                                 b.
     Coal and oil-fired process
     steam generating
     facilities
a.
                                 b.
     Manufacturing industries of  a.
     the following classifications:

     Primary Metals Industries
     Petroleum Refining
     Chemical Industries
     Mineral Processing
       Industries
     Grain Industry
     Paper and Allied Products
Maximum reduction by
utilization of fuels
having lowest ash and
sulfur content

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

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

Maximum reduction by
reducing heat and steam
demands to absolute
necessities consistent
with preventing
equipment damage

Taking the action called
for in the emergency
plan

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

Elimination of air pol-
lutants from manufac-
turing operations by
ceasing, curtailing, post-
poning, or deferring
production and allied
operations to the extent
possible without causing
injury to persons or
damage to equipment
                           -79-

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                    TABLE  III  (Continued)
                    3.  (Continued)                   b.  Elimination of air pol-
                                                        lutants from trade waste
                                                        disposal processes
                                                        which emit solid parti-
                                                        cles, gases, vapors, or
                                                        malodorous  substances

                                                    c.  Maximum reduction of
                                                        heat load demands for
                                                        processing

                                                    d.  Maximum utilization of
                                                        midday (12 noon to 4 p.m.)
                                                        atmospheric turbulence
                                                        for boiler lancing and
                                                        soot blowing
(8.0)     Section 7.       Air  Pollution  Emergencies;  Contents of Order; Hearings;
(16.0)
                         Appeals.

                    As  is provided  in Chapter  16,  Article  20,  Section  10  of
                    the Code  of West Virginia,  as  amended,  if  the  Commission,
                    with the  written approval  of the Governor, shall hereafter
                    enter an  order  declaring an Air  Pollution  Emergency,  as
                    provided  in Section 3.01 (d) hereof, it shall, in  such order,
                    direct what action  shall be taken by the Director  to  bring
                    about the reduction or prevention of emissions substantially
                    contributing to said Emergency.   In such order the Commission
                    shall also fix  a time (which shall be  not  later than  twenty-
                    four (24) hours from the time  of entry of  such order) and
                    place for a hearing to be  held be the  Commission for  the
                    purpose of investigating and determining the factors
                    bearing upon the existence of  and contribution to  the.
                    alleged emergency.

                    A true copy of  any  such order  shall be served  upon all
                    persons whose interests are directly prejudiced by such
                    order in  the same manner as a  summons  in a civil action
                    may be served,  and  a true  copy shall also  be posted on
                    the front door  of the courthouse of the county in  which
                    the alleged emergency conditions originated.   All  persons
                    whose interests are prejudiced or affected in  any  manner
                    by  any such order shall have the right to  appear in person
                    or  by counsel  at such hearing  and to present relevant
                                               -80-

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                    evidence.   Within  twenty-four (24)  hours  after  the
                    completion of the  hearing,  the Commission shall  affirm,
                    modify or  set aside said order in  accordance  and consistent
                    with the evidence  adduced at such  hearing.

                    Any person aggrieved by any such  final  action of the
                    Commission may thereafter exercise the  rights of judicial
                    review and appeal  which are set forth in  the  statute
                    hereinabove cited.

(2.0)     Section 8.       Effective Date.

             Regualtion XI shall  become effective March 15, 1972.
                                               -81-

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(4.3)
REGULATION XII
                 AMBIENT  AIR QUALITY  STANDARD  FOR  NITROGEN DIOXIDE

(2.0)     Section 1.       Anti-Degradation  Policy.

             1.01.   In the best interests  of the State  of West Virginia,  it
                    is the objective  of the  Commission  to obtain and maintain
                    the cleanest air  possible,  consistent with the  best
                    available technology.

                    Where the present ambient  air  is  of better quality than
                    the established standards,  the Commission will  develop
                    long-range plans  to protect the difference between the
                    present quality and the  established standards.  The plans
                    will  be based upon the best available forecasts of
                    probable land and air  used  in  such  areas of high air
                    quality.

                    The air quality of these areas will  not be lowered unless
                    it has been clearly demonstrated  to the Commission that
                    such  a change is  justifiable as a result of necessary
                    economic or social development and  will not result in
                    a statutory air pollution.

                    This  will  require that any  industrial, public,  or private
                    project of development which could  constitute a new source
                    of air pollutants, within  an area of such high  air quality,
                    provide the best  practicable control available  under
                    existing technology as part of the  initial project.

(1.0)     Section 2.       Definitions.

             2.01.   "Air  Pollutants"  shall mean solids, liquids, or gases .
                    which, if discharged into  the  air,  may result in a
                    statutory air pollution.

             2.02.   "Air  Pollution",  'statutory air pollution1, shall have  the
                    meaning ascribed  to it in  Section Two of Chapter Sixteen,
                    Article Twenty of the  Code  of  West  Virginia, as amended.

             2.03.   "Commission1 shall mean  the West  Virginia Air Pollution
                    Control Commission.

             2.04.   "Person" shall mean any  and all persons, natural or artifi-
                    cial, including any municipal, public, or private
                    corporation organized  or existing under the law of this  or
                                              -82-

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             2.05.
(4.3)
(9.0)
Section 4.

    4.01.
(2.0)
           any other state or country,  and  any firm,  partnership,
           or association of whatever nature.

           "Standard Condtitiotts"  shall  mean,  for the purposes  of
           this regulation, a temperature of 25°C and a  pressure of
           760 mi Hi-meters of mercury column.
             2.06.   "Ambient  Air Quality  Standard"  shall mean  the numerical
                    expression  of a  specified  concentration  level for a
                    particular  air pollutant in  the ambient  air  and  the
                    time-averaging interval over which  that  concentration
                    level  is  measured.
Section 3.
     Ambient Air Quality Standard
             3.01.   The following  ambient  air quality  standard  shall  not  be
                    exceeded  at  any sampling  site:

                         Nitrogen  Dioxide
Section 5.
         Annual  Arithmetic Mean - 100 micrograms per
         cubic meter (0.05 parts per million)

     Methods of Measurement.                          '

Nitrogen dioxide concentrations shall be determined by
any of the methods listed below or by such other methods
approved as equally of more specific, accurate, sensitive,
and reproducible by the West Virginia Air Pollution
Control Commission:

(a)  The Jacobs-Hocheiser method

(b)  The use of a continuous sampling and recording
     instrument based on coulometric, colorimetric, or
     an equivalent principle.

     Effective Date.
             Regulation XII  shall  become effective March 15,  1972.
                                              -83-

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(3.0)                              REGULATION  XIII

                    PERMITS  FOR  CONSTRUCTION, MODIFICATION. OR RELOCATION

                    OF STATIONARY  SOURCES  OF  AIR POLLUTANTS. AND PROCEDURES

                           FOR REGISTRATION AND EVALUATION

(2.0)     Section 1.       Intent  and  Purpose.

             1.01.   To insure the  attainment  and maintenance of West
                    Virginia's primary and secondary  ambient air quality
                    standards; to  protect  the difference  between the  present
                    air quality  and  the secondary  standards in areas  of high
                    air quality; and to insure compliance with West Virginia's
                    emission standards, it is the  intent  of the Commission to
                    register and evaluate  sources  of  air  pollutants and to
                    preclude the construction, modification, or relocation of
                    any direct and/or indirect affected source(s)  in  any
                    locality, in which the establishment  of such source(s) may
                    interfere with the attainment  or  maintenance of these
                    standards, or  which would lower the air quality in any
                    area unless  it has been clearly demonstrated to the
                    Commission that  such change is justifiable as  a result
                    of necessary economic  or  social development and will not
                    result in a  statutory  air pollution.

                    The purpose  of this regulation is to  set forth the
                    procedures for registration and reporting, and the criteria
                    for obtaining  a  permit to construct a new direct  and/or
                    indirect affected source  within the State of West Virginia.
                    Such construction, modification,  or relocation without
                    such a permit  is a violation of this  regulation.  Sources
                    covered by this  regulation are termed a direct or indirect
                    'affected source1 as herein defined.

(1.0)     Section 2.       Definitions.

             2.01.   "Air Pollutants" shall mean solids, liquids, or gases
                    which, if discharged into the  air, may  result  in  a
                    statutory air  pollution.

             2.02.   "Discharge"  shall refer  to  the release, escape, or
                    emission of  air  pollutants  into the air.

             2.03..   "Air Pollution", 'statutory air pollution',  shall have
                    the meaning  ascribed to  it  in  Section Two of Chapter  .
                    Sixteen, Article Twenty  of  the Code of  West  Virginia,
                    as amended.
                                              -84-

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2.04.   "Commission" shall  mean the West Virginia  Air Pollution
       Control Commission.

2.05.   "Director" shall  mean the director of the  West Virginia
       Air Pollution Control Commission.

2.06.   "Person" shall mean any and all  persons, natural  or
       artificial, including any municipal,  public or private
       corporation organized or existing under the laws  of this
       or any other state or country, and any firm, partnership,
       or association of whatever nature.

2.07.   "Construction" shall mean the fabrication, erection, or
       installation of a direct or indirect  affected source.   For
       the purposes of this regulation, an expansion of  an
       existing direct affected source which increases the amount
       of any discharge or results in any new discharge  shall
       be considered construction.

2.08.   "Modification" for the purposes of this regulation is
       defined as follows:

       (a)  "Direct Affected Source Modification" shall  mean  any
            physical change in, or change in the  method  of
            operation of, an existing direct affected source  which
            increases the amount of any discharge from such existing
            source or results in any new discharge from  such
            existing source, for which the Commission has
            promulgated an emission or ambient air quality
            standard.  However, the following actions shall not
            constitute a modification of a direct affected source:

            (1)  An expansion of an existing direct affected  source;

            (2)  Routine maintenance, repair, and replacement;

            (3)  An increase in hours of operation;

            (4)  An increase in the production rate if such
                 increase does not exceed the design capacity of
                 the affected source; or

            (5)  Use of an alternative fuel  or raw material,
                 provided that prior to the  effective date of this
                 regulation the affected source is designed to
                 accommodate such alternative use without increasing
                 emissions.
                                 -85-

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       (b)   "Indirect Affected Source Modification";

            (1)   Any change is a parking  facility located  in  a
                 Standard Metropolitan Statistical  Area  which
                 increases the parking capacity of such  facility
                 by more than 500 cars;

            (2)   Any change in a parking  facility located  outside
                 of a Standard Metropolitan Statistical  Area
                 which increases the parking capacity of such
                 facility by more than 1,000 cars;

            (3)   Any change which is predicted by a method approved
                 by the Director to increase the average annual
                 daily traffic volume on  a road or highway section
                 located within a Standard Metropolitan  Statistical
                 Area by 10,000 vehicles  per day or more within
                 ten (10) years of modification; or

            (4)   Any change in an airport which is predicted  by
                 a method  approved by the Director to result
                 within ten (10) years of modification in  an
                 increase of 50,000 or more takeoffs  or  landings
                 per year by any scheduled air carriers  over
                 the existing volume of takeoffs or landings,
                 or increase of 1,600,000 or more passengers
                 per year.

2.09.   "Relocation" shall mean the physical movement  of  a
       direct and/or indirect affected source outside its  existing
       plant boundaries.

2.10.   "Commenced" shall mean that an owner or operator  has under-
       taken a continuous program of physical site preparation,
       construction, modification, or relocation, or  that  a binding
       general construction contract has  been entered into which
       obligates one party to such contract to perform the physical
       work involved in such program of construction, modification,
       or relocation of a direct and/or indirect affected  source.
       Interruptions resulting from acts  of God, strikes,  or  other
       matters beyond the control of the  owner shall  be  disregarded
       in determining whether a construction, modification, or
       relocation program is continuous.

2.11.   "Direct Affected Source"

       (a)   Except.for the exemptions of  Sub-Section  2.11(b), for
            the purpose of this regulation, a 'direct affected
            source' shall mean:
                                 -86-

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            (1)   Any stationary source  subject  to any emission
                 regulation  promulgated by  the  Commission; or

            (2)   Any stationary source  which  discharges,  or may
                 discharge more than  six (6)  pounds  per hour of
                 any air pollutant for  which  the Commission has
                 promulgated an ambient air quality  standard; or

            (3)   Any source  discharging, or which may discharge,  a
                 hazardous pollutant(s) as  defined by the Commission.

       (b)   However, for the purpose  of this  regulation,  a  'direct
            affected source1 shall not  mean:

            (1)   Any fuel burning unit  having a heat input
                 under ten (10) million B.T.U.'s  (British Thermal
                 Units) per  hour;

            (2)   Any internal combustion engines;

            (3)   Any normal  and necessary operation  associated
                 with the production  of agricultural products grown
                 on the premises or livestock,  dogs, cats,  and
                 poultry grown on the premises; or

            (4)   Any other source of  minor significance as  may
                 be specified by the  Commission.

2.12.   "Indirect Affected Source"

       For the purpose of this regulation an  "indirect affected
       source" shall mean:

       (a)   Any  new parking  area located in a Standard Metro-
            politan Statistical Area  with a capacity of 1,000
            or more cars;

       (b)   Any new parking  area located outside of  a Standard
            Metropolitan Statistical  Area with a capacity or 2,000
            cars of more;

       (c)   Any  new airport  which is  predicted by  a  method
            approved by the  Director  to have  50,000  or more takeoffs
            or landings per  year by regularly scheduled air
            c?rriers, or use by 1,600,000 or  more  passengers
            per year; or
                                 -87-

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                    (d)   Any new road  or highway  section  located  inside  a
                         Standard Metropolitan  Statistical Area which  is pre-
                         dicted  by a method  approved  by the  Director to  have
                         an average annual daily  traffic  volume within ten  (10)
                         years of construction  of 20,000  or  more  vehicles
                         per day.

             2.13.   "Standard Metropolitan Statistical Area" shall mean  any
                    county or group of counties which contain at  least one
                    city of 50,000 inhabitants  or more, or twin cities with
                    combined total population of  50,000 inhabitants or more,
                    and  any contiguous counties which are socially and
                    economically integrated  with  the  central city.

             2^14.   "Stationary  Source" shall mean, for the  purpose of this
                    regulation,  any building, structure,  facility, or  installation,
                    or combination thereof,  whcih may directly emit or indirectly
                    cause to be  emitted any  air pollutant.   Two designated
                    classes of stationary sources shall be "direct affected
                    source" and  "indirect affected source".

                    Other words  and phrases  used  in this  regulation, unless
                    otherwise indicated, shall  have the meaning ascribed to
                    them in Chapter Sixteen, Article  Twenty, Section Two of
                    the  Code of  West Virginia,  1931,  as amended,  and any rules
                    or regulations promulgated  thereunder;
(3.0)     Section 3.       Registration  and  Report  Requirements  for  Direct  Affected

   '                      Sources  on  which  Construction,  Modification,  or

                         Relocation  Commenced  Prior to the  Effective  Date
                         of this  Regulation.

             3.01.   Not later than one hundred  twenty (120)  days  after the   !
                    effective date of this  regulation all  persons owning
                    and/or operating  a direct affected source(s)  shall  register
                    such source(s) with the Commission unless  such source(s)
                    has been previously registered.

                    The information required  for registration  shall  be
                    determined and provided in  the manner  and  on  such  forms  as
                    specified by  the  Director.   Registration forms shall  be
                    requested from the Director, or  his duly authorized
                    representative, by the  owner and/or operator  of such  source(.s).
                                               -88-

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             3.02.   The  owner  and/or operator of such a direct affected source
                    shall maintain  data  on  the operation of the source and
                    the  Director, or his duly authorized representative, may
                    request  reports on such data in such resonable manner and
                    detail as  the Director  may specify.  If requested, such
                    reports  shall be filed  within  fifteen  (15) days of the end
                    of the established reporting period.   However, reports on
                    such data  shall not  exceed one (1) per month.

(3.0)     Section  4.       Permit  Application and Report Requirements for Direct

                         and/or  Indirect Affected  Sources  on which Construction,
                         Modification, or Relocation  is Commenced After the

                         Effective  Date  of  this Regulation.

             4.01.   No person  shall cause,  suffer, allow,  or permit the con-
                    struction, modification, or relocation of any direct and/or
                    indirect affected source(s) to be commenced after the
                    effective  date  of this  regulation without notifying the
                    Director of  such intent and obtaining  a permit(s) to so
                    construct, modify, or relocate the direct and/or indirect
                    affected source(s) as herein provided.  Where an indirect
                    affected source is constructed, modified, or relocated
                    'in increments which  individually  are not subject to the
                    provisions of this regulation, all such increments occuring
                    since the  effective  date of this  regulation shall be
                    added together  for determining the applicability of this
                    regulation.

             4.02.   Not  later  than  ninety (90) days,  for construction or
                    modification of a direct and/or indirect affected source
                    or for relocation of an indirect  affected source, or
                    forty-five (45) days for relocation of a direct affected
                    source  , prior  to the time that such construction,
                    modification, or relocation is commenced, the owner or
                    operator of  the source  shall file with the Director permit
                    application  forms available from  the Director.  These
                    applications shall contain sufficient  information as, in
                    the  judgment of the  Director,  will enable him to determine
                    whether  such souce construction, modification, or
                    relocation will be in conformance with the provisions of any
                    rules and  regulations promulgated by the Commission.  Such
                    information  may include, but not  be limited to, site
                    informftion, plans,  descriptions, specifications, and
                    drawings relating to the proposed construction,
                    modification, or relocation of the direct  and/or indirect
                    affected source and  the manner in which it will be
                    operated  and controlled.
                                             -89-

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             4.03.   Each permit application  shall  be  signed  by  the  owner  or
                    operator of the  direct and/or  indirect affected source, and
                    such signature shall  constitute an  agreement  that  the
                    applicant will  assume responsibility  for the  construction,
                    modification,  relocation,  or operation of the direct  and/or
                    indirect affected source in  accordance with applicable
                    rules and regulations of the Commission.

             4.04.   Within ninety  (90)  days  of the receipt of a permit
                    application for  construction or modification  of a  direct
                    and/or indirect  affected source or  for relocation  of  an
                    indirect affected source,  or within forty-five  (45) days,
                    for relocation of a direct affected source, the Director
                    shall issue such permit  unless he determines  that  the
                    proposed construction, modification,  or  relocation will
                    violate applicable  emission  standards, will interfere with
                    the attainment or maintenance  of  applicable ambient air
                    quality standards,  or will be  inconsistent  with the intent
                    and purpose of this regulation, in  which case he shall
                    issue an order for  the prevention of  such construction,
                    modification,  or relocation.   Failure to issue  the permit
                    or such order  within  the time  prescribed shall  be  deemed
                    a determination  that  such  construction,  modification, or
                    relocation may proceed:  provided  that it is in  accordance
                    with the plans and  specifications or  other  information
                    required to be submitted on  the application required
                    herein.

             4.05.   When the Director denies a permit application for  the
                    proposed construction, modification,  or  relocation of any
                    direct and/or  indirect affected source,  the order  shall set
                    forth his reasons with reasonable specificity.

             4.06.   the Director may impose  any  reasonable conditions  as  part
                    of a granted construction, modification,  or relocation
                    permit. Such conditions  may  include,  but not  be limited
                    to, the submission  of periodic progress  or  operation
                    reports, the provisions  of a suitable sampling  site,  and
                    the installation of pollutant  monitoring devices.

(6.0)     Section  5.       Determination  of Compliance  of Direct  Affected Sources

                         With Commission  Rules and Regulations.

             5.01.   At the time a  direct  affected  source  is  alleged to be in
                    compliance with  an  applicable  emission standard, an
                    appropriate test consisting  of visual determinations  and/or
                    conventional in-stack measurements  or such  other tests as
                    the Director may specify shall be conducted to  determine
                    such compliance.
                                             -90-

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             5.02.
(14.0)    Section 6.

             6.01,
             6.02.
             6.03.
(14.0)    Section  7.

             7.01.
At the request of the Commission the owner and/or
operator of a direct affected source shall install  such
stack gas monitoring devices as the Director deems
necessary to determine continuing compliance.  The  data
from such devices shall be readily available at the source
location or such other reasonable location that the
Director may specify. At the request of the Director, or
his duly authorized representative, such data shall be made
available for inspection or copying.  Failure to promptly
provide such data shall constitute a violation of this
regulation.

     Public Review Procedures for Direct Affected Sources

The Director shall maintain for public review a permit
application list for direct affected sources containing
the name of the applicant, the type and location of the
source, and the proposed startup date.  No permit shall be
issued to any applicant until he has been on the permit
application list for at least thirty (30) days for
construction of modification, or twenty-five (25) days
for relocation.

At the same time that an application for a direct affected
source permit is filed with the Director, the applicant
shall also place a legal advertisement in the paper of
general circulation in the area where the source is located.
The advertisement shall contain, as a minimum, the
name of the applicant, the type and the location of the
source, and the proposed startup date.

During the time periods specified in Sub-Section 6.01
that an applicant's name appears on the direct affected
source permit application list, the Director will receive
and evaluate written comments relating to the permit
application.

     Public Review Procedures for Indirect Affected Sources

Within thirty (30) days after receipt, by the Director, of
a satisfactorily completed application for a permit for an
indirect affected source, the Director shall place  a legal
advertisement in a paper of general circulation in  the area
where the source is located.  The advertisement shall contain,
as a minimum, the name of the applicant, the type and
location of the source, the proposed startup date,  and
shall notify the public of its opportunity to comment upon
the proposed construction, modification, or relocation and
the public availability of information pertinent to the
                                               -91-

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(3.0)
           application.

     7.02.  The Director, at the time of notifying the public of its
           opportunity to comment upon the proposed construction,
           modification, or relocation of an indirect affected source,
           shall make available for public review in at least one
           location in the affected region such information as may
           be provided by the owner or operator that is not of a
           proprietary nature, as well as the Director's analysis
           of the effect of the indirect affected source on air
           quality, and his intention to grant or deny a permit.

     7.03.  Public comments submitted within thirty (30) days after
           the Director's public notification of an opportunity for
           comment upon a proposed construction, modification, or
           relocation of an indirect affected source shall be considered
           by the Director before making his final decision upon the
           application.

           The Director shall take final action on an application for
           construction, modification, or relocation of an indirect
           affected source within thirty (30) days after the close of
           the public comment period.

                Public Meetings.

           Public meetings to receive comments on direct and/or
           indirect permit applications will be held when the Director
           deems it appropriate or when substantial interest is
           expressed, in writing, by a significant number of persons
           who might reasonably be expected to be affected by the
           source in question.

    8.02.  The Director, the Commission, or a duly authorized employee
           of the Corrmission shall preside over such meetings and
           insure thc.t all interested parties have ample opportunity
           to present comments.   Such meetings shall be held at a
           convenient place as near  as  practicable  to  the location
           of the proposed source.

    8.03.  At a reasonable time prior to such meetings, the Director
           shall  provide appropriate information to news media in the
           area whare the proposed source is to be located.

Section 9.       Permit Transfer, Cancellation, and Responsibility

    9.01.  A permit shall  not be transferable.

    9.02.  The Director will  cancel  or suspend a permit if, after
           six (6)  months  from the date  of issuance the holder of
             7.04.
(14.0)   Section 8.

             8.01.
                                              -92-

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                    the  permit  cannot  provide  the  Director, at the Director's
                  .  request,  with  written  proof  of a  good faith effort that
                    such construction,  modification,  or  relocation has
                    commenced.   Such proof shall be provided  not  later than
                    thirty (30) days after the Director's request.

             9.03.   The  Director may cancel  or suspend a permit if the plans
                    and  specifications upon which  the approval was based
                    and/or the  conditions  established in the  permit are not
                    adhered to.

             9.04.   Possession  of  a permit does  not relieve any person of
                    the  responsibility of  complying with any  and  all  applicable
                    rules or regulations of the  Commission or any other
                    governmental agency.

(2.0)     Section 10.      Conflict  With Other Rules or Regulations.

             10.01.  When a provision of this regulation  conflicts with a
                    similar portion(s) of  any rule or regulation  previously
                    adopted by  the Commission, the provision(s) of this
                    regulation  shall apply.

(2.0)     Section 11.      Effective Date.

             Regulation  XIII (1974) shall  become effective June 1, 1974, and
             shall  supersede Regulation XIII (1972) which was adopted by the
             West Virginia Air  Pollution Control Commission on the 5th day
             of May,  1972, and  became  effective  June  15, 1972, and was filed
             with the Sectretary of State  May 11,  1972.
                                              -93-

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FEDERALLY PROMULGATED



    REGULATIONS
           -94-

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(6.0)     52.2524    (b)   Federal  Compliance  Schedules.
                         (1)   The owner or  operator  of  any  boiler or furnace
                              of more than  250  million  BTU  per  hour heat  input
                              subject to the emission limitation requirements
                              of West Virginia  Administrative Regulation,
                              Chapter 16-20, Series  X (hereinafter regulation X),
                              section 3.01(a) or section  3.03(a), shall notify
                              the Administrator, no  later than  October 1, 19/3,
                              of his intent to  meet  the requirements of said
                              regulation by utilizing low-sulfur fuel, stack
                              gas desulfurization, or a combination of stack
                              gas desulfurization and low-sulfur fuel.

                         (2)   Any owner or  operator  of  a  stationary source
                              subject to subparagraph (1) of this paragraph who
                              elects to utilize low-sulfur  fuel, either alone
                              or in combination with stack  gas  desulfurization,
                              shall be subject  to the following compliance
                              schedule:

                              (i)  November 1,  1973  - Submit to the Administrator
                                   a projection of the  amount of fuel, by types,
                                   that will be substantially adequate to enable
                                   compliance with the  applicable regulation on
                                   June 30, 1975, and for at least one year
                                   thereafter.

                              (ii) December 31, 1973 -  Sign contracts  with fuel
                                   suppliers for fuel  requirements as  projected
                                   above.

                              (iii)January 31,  1974 - Submit a  statement  as  to
                                   whether boiler modifications will  be  required.
                                   If modifications  will  be required,  submit
                                   plans for such modifications.

                              (iv) March 15, 1974 - Let contracts  for  necessary
                                   boiler modifications,  if applicable.

                              (v)  May 15, 1974 - Initiate  onsite  modifications,
                                   if applicable.

                              (vi) February 28, 1975 -  Complete onsite modifica-
                                   tions, if applicable.

                              (vii)June 30, 1975 - Final  compliance  with  the
                                   requirements of regulation X,  section  3.01(a)
                                   or section 3.03(a).
                                              -95-

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(3)   Any owner or operator  of  a  stationary  source
     subject to subparagraph  (1) of  this  paragraph
     who elects to utilize  stack gas desulfurization,
     either alone or in  combination  with  low-sulfur
     fuel,  and any owner or operator of a stationary
     source subject to the  emission  limitation
     requirements of regulation  X, section  3.05,
     shall  be subject to the  following compliance
     schedule:

     (i)  October 15, 1973  -  Let necessary  contracts
          for construction.

     (ii) February 28, 1974 -  Initiate onsite
          construction.

     (iii)February 28, 1975 -  Complete onsite
          construction.

     (iv) June 30, 1975  - Final  compliance  with  the
          requirements of regulation X, section  3.01(a),
          section 3.03(a),  or  section 3.05.

(4)   The owner or operator  of any boiler  of furnace
     of more than 250 million  BTU per hour  heat  input
     subject to the emission  limitation requirements of
     regulation X, section  3.01(b) or section  3.03(b)
     shall  notify the Administrator, no later  than
     July 31, 1975, of his  intent to meet the
     requirements of said regulation by utilizing low-
     sulfur fuel, stack  gas desulfurization, or  a com-
     bination of stack gas  desulfurization  and low-sulfur
     fuel.

(5)   Any owner or operator  of a  stationary  source
     subject to subparagraph  (4) of  this  paragraph who
     elects to utilize low-sulfur fuel, either alone
     or in combination with stack gas desulfurization,
     shall  be subject to the  following compliance
     schedule:

     (i)  August 31, 1975 - Submit to the Administrator
          a projection of the amount of fuel,  by types,
          that will be substantially adequate  to
          enable compliance with the applicable
          regulation on June  30, 1978, and  for at  least
          one year thereafter, as well as a statement
          as to whether boiler modifications will  be
          required.  Submit final plans for modifications
                    -96-

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          if they will  be  required.

     (ii)  October 31,  1975 -  Sign  contracts with  fuel
          suppliers  for fuel  requirements as projected
          above.

     (iii)December  31,  1975 - Let  contracts for necessary
          boiler modifications,  of applicable.

     (iv)  April  30,  1976 - Initiate  onsite modifications,
          if applicable.

     (v)   April  30,  1977 - Complete  onsite modifications,
          if applicable.

     (vi)  June 30,  1978 -  Final  compliance with the
          requirements  of  regulation X,  section 3.01(b) or
          section  3.03(b).

(6)   Any  owner or operator of a  stationary source
     subject to subparagraph (4) of  this paragraph who
     elects to utilize  stack gas desulfurization, either
     alone or in combination with  low-sulfur fuel, shall
     be subject to  the following compliance  schedule:

     (i)   October  30,  1975 - Submit  to the Administrator
          a final  control  plan,  which describes at a
          minimum  the  steps which  will  be taken by the
          source to achieve compliance with  the appli-
          cable regulations.

     (ii)  February  28,  1976 - Let  necessary  contracts for
          construction.

     (iii)August 31, 1976 - Initiate onsite  construction.

     (iv)  December  31,  1977 - Complete onsite
          construction.

     (v)   June 30,  1978 - Final  compliance with the
          requirements of regulation X,  section 3.01(b)
          or section 3.03(b).

(7)   Any  owner or  operator subject to the compliance
     schedule in  subparagraph (2), (3),  (5)  or (6) of
     this paragraph shall  certify  to the Administrator
     within five days  after the  deadline for each
     increment of  progress, whether or not the required
     increment of  progress has been met.
                     -97-

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(8)   If a performance test is necessary for a
     determination as to whether compliance has  been
     achieved,  such a test must be completed by  the
     final  compliance date in the applicable
     regulation.   Ten days prior to such a  test,
     notice must  be given to the Administrator to
     afford him the opportunity to have an  observer
     present.

(9)   (i)  None  of the above subparagraphs shall  apply
          to a  source which is presently in compliance
          with  applicable regulation and which has
          certified such compliance to the  Administrator
          by October 1, 1973.  The administrator may
          request whatever supporting information he
          considers necessary for proper certification.

     (ii) Any compliance schedule adopted by the State
          and approved by the Administrator shall
          satisfy the requirements of this  paragraph
          of the  affected source.

     (iii)Any owner or operator subject to  a compliance
          schedule in this paragraph may submit to the
          Administrator no later than October 1, 1973,
          a proposed alternative compliance schedule.
          No such compliance schedule may provide for
          final compliance after the final  compliance
          date  in the applicable compliance schedule
          of this paragraph.  If promulgated by the
          Administrator, such schedule shall satisfy  the
          requirements of this paragraph for the
          affected source.

     (iv) The requirements of this paragraph shall not
          apply to the following sources for which a
          request for a post-ponement of the applica-
          bility of regulation X had been submitted
          pursuant to section 110(f) of the Act prior to
          the date of publication of this regulation:

          Source                      Location

Rammer Station, Ohio Power Company    Moundsville
Mitchell Station, Ohio Power Company  Moundsville
Harrison Station, Monongahela         Haywood
  Power Company
fort Martin Station, Monongahela      Maidsville
  Power Company
                     -98-

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(10)  Nothing in this paragraph  shall  preclude the
     Administrator from promulgating  a  separate
     schedule for any source to which the  application
     of the compliance schedule in  subparagraphs  (2),
     (3),  (5), or (6) of this paragraph fails to  satisfy
     the requirements of 51.15  (b)  and  (c) of this
     chapter.
                     -99-

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(17.0)   52.2528   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.
                                              -100-

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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)


             Parti oil ate 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"particulate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

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

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

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

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

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
                              -101-

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        (c)  A  discussion  of  the  reasons  for the proposed  redes-
            ignation  is available  for  public  inspection at  least
            30 days prior to the hearing and  the  notice announc-
            ing the hearing  contains appropriate  notification of
            the availability of  such discussion,  and

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

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

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

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

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

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

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

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

(v)     Nothing in this section  is  intended to convey  authority
        to the  States  over Indian Reservations where States  have
        not  assumed such authority  under other laws  nor  is it
        intended to deny jurisdiction which States have assumed
                         -102-

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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) (11)  and,

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

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

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

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

        (c)   Any redesignation submitted pursuant to subdivision
             (v) of this subparagraph shall be approved unless he
             determines (1)  that the requirements of subdivision
             (v) of this subparagraph have not been complied with,
             or  (2)  that the  Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations set forth  in subparagraph  (3)  (ii) (d) of this
             paragraph.
                        -103-

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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-   i
                      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.
                                  -104-

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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.
    (it)    Coal Cleaning Plants.
    (111)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per  24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (xiv)   By-Product Coke  Oven Batteries.
    (xv)    Sulfur  Recovery  Plants.
    (xvi)   Carbon  Black  Plants (furnace  process).
    (xvii)  Primary  Lead  Smelters.
    (xviii) Fuel  Conversion  Plants.
     (xix)   Ferroalloy production  facilities  commencing  construction
            after October 5,  1975.
(2)  No owner  or operator  shall  commence  construction  or  modification
    of a  source subject to this paragraph unless  the  Administrator  de-
    termines  that,  on  the basis of  information  submitted pursuant to
    subparagraph  (3)  of this  paragraph:
                             -105-

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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)  (1i) 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
                            -106-

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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:
                                 -107-

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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-
             pro vab Hi ty of  the  source.         .

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

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

(v)     The  Administrator shall  take  final  action on an applica^
        tion within  30  days  after the close  of  the  public comment
        period. The Administrator shall notify the applicant in
        writing of his  approval, conditional approval, or denial
        of the application,  and  shall set forth his reasons for
        conditional  approval or  denial.  Such notification  shall
        be made available for public  inspection in  at least one
        location  in  the region in which  the  source  would be lo-
        cated.
                         -108-

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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.
                                   -109-

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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  locate'd  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,  thje  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)
                              -110-

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