U.S. DEPARTMENT OF COMMERCE
                                   National Technical Information Service

                                   PB-290 298
Air Pollution  Regulations  in State
Implementation Plans:  Wisconsin
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                            PB  290298
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-099
August 1978
Air
Air  Pollution Regulations
in State  Implementation
Plans:
Wisconsin
        REPRODUCED BY
        NATIONAL TECHNICAL

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

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1. REPORT NO.
  EPA-450/3-78-099
                                                           3. RECIPIENT'S ACCESSION-NO.
4. TITLE AND SUBTITLE
 Air Pollution  Regulations in State  Implementation i
•Plans: Wisconsin
             5. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
7. AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.


               68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
                                                           13. TYPE OF REPORT AND PERIOD COVERED
  Control Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air, Noise,  and Radiation
  Research Triangle  Park,  NC 27711	
             14. SPONSORING AGENCY CODE
16. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has been  produced in compliance with  Section 110(h)(l) of  the Clean Air
  Act amendments of 1977.   The Federally enforceable  regulations contained in the State
  Implementation Plans  (SIPs)  have been compiled  for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both the
  Federally approved State and/or local air quality regulations as indicated  in the
  Federal Register and  the Federally promulgated  regulations for the State, as
  indicated in the Federal Register. Regulations  which fall into one of the above
  categories as of January 1,  1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State  and/or local air quality  regulations
  which have not been Federally approved as of January 1, 1978, are not included here;
  omission of these regulations from this document  in no way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS  C. COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
18. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report)

   Unclassified	
                                                                         21
                                              20. SECURITY CLASS (This page)

                                                Unclassified
                           22. PRICE   p£_
EPA Form 2220-1 (9-73)

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                                  EPA-450/3-78-099
    Air Pollution Regulations
in  State Implementation  Plans

                  Wisconsin
                       by

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

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

                     August 1978

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author  and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                     Publication No. EPA-450/3-78-099
                                  11

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

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

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

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

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

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

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                             SUMMARY SHEET
                    EPA-APPROVED REGULATION CHANGES

                               WISCONSIN
Submittal Date              Approval  Date             Description
  1/19/73                      5/14/73           Emergency Episode NR
                                                 154.01  (41) (c)-3. NR
                                                 154.01  (41) (c)-4.
                          FEDERAL REGULATIONS
Section Number                        Description
   52.2573                    . Public Availability of Emission Data
   52.3578                    . Compliance Schedule
   52.2579                    . Review of New or Modified Indirect Sources
   52.2581                    . 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
                                STATE REGULATIONS
   Revised  Standard
   Section
    Subject Index       Number
        (1.0)         NR 154.01
        (2.0)         NR 154.02
        (3.0)         NR 154.03
        (3.0)
     (50.1.1)

       (51.5)

(50.1)  (51.9)

     (50.1.2)
      (50.2)
NR 154.04
(3.0)
(9.0)
(2.0)
(15.0)
(2.0)
(51.13)
(50.0)
NR 154.05
NR 154.06
NR 154.07
NR 154.08
NR 154.09
NR 154.10
NR 154.11
NR 154.11  4.

NR 154.11  5.

NR 154.11  6.

NR 154.11  7.
NR 154.12
      Title                     Page
Definitions                       1
Applicability                     8
Registration of Existing
Sources                           9
Application to Construct
or Modify                         9
Action on Applications           10
Operation and Inspection
of Sources                       10
County and Regional
Programs                         12
Enforcement and Penalties        13
Emissions Prohibited             13
Limitations on Open  Burning      14
Control of Particulate
Emissions                        15
Particulate Emission Limits
For Processes                    17
Particulate Emission Limits
For Fuel Burning Install-
ations                           19
Particulate Emission Limits
For Incinerators                 20
Visible Emissions                21
Control of Sulfur Emissions      22
                                     VIII

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Revised Standard     Section
 Subject Index       Number
    (50.4)

    (50.5)

    (50.3)
     (2.0)
    (12.0)

     (8.0)

     (2.0)
     (4.0)
     (9.0)

     (2.0)

     (2.0)

     (2.0)
NR 154.13

NR 154.14

NR 154.15

NR 154.16
NR 154.17

NR 154.20

NR 154.21
     (2.0)        NR 154.22
     (1.0)        NR 155.01
     (2.0)        NR 155.02
NR 155.03
NR 155.04

NR 155.05

NR 155.06

NR 155.07
      Title                     Page
Control of Organic Compound
Emissions                        23
Control of Carbon
Monoxide Emissions               25
Control of Nitrogen
Compound Emissions               25
Use of Standby Fuel              26
Control of Motor Vehicles,
Internal Combustion Engines
and Mobile Sources               26
Emergency Emission Control
Action Programs                  28
Limitations on County,
Regional or Local
Regulations                      43
Severability                     43
Definitions                      44
Applicability of Air
Standards                        44
Air Standards                    46
Measurement of Air
Quality                          47
Interpretation of Air
Quality Data with Respect
to Air Standards                 48
Guidelines for Application
of Air Standards                 48
Severability                    48
                                     IX

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                  FEDERALLY PROMULGATED REGULATIONS
Revised Standard
 Subject Index

    (14.0)

     (6.0)

    (10.0)



    (17.0)
 Section
 Number

52.2573

52.2578

52.2579
52.2581
      Ti tl e                     Page

General Requirements             50

Compliance Schedules             51

Review of New or
Modified Indirect
Source                           54

Prevention of Significant
Deterioration                    64

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                                    FOREWORD
         Chapter  144. Wis. Stats., directs the department of Natural Resources
         to organize a comprehensive program to enhance the quality, management,
         and  protection of the state's air resources.  These rules are one part
         of that  program.  Chapter 144 also stresses the role of county govern-
         ment in  establishing local air pollution control programs in cooperation
         with the department.

         The  objectives of these rules are to maintain standards of air quality
         at a level which will provide adequate protection to public health
         and  welfare, and to prevent detrimental effect on property and our
         environment.

         Nothing  in these rules or in Chapter 144, Wis. Stats., prohibits a
         county or local jurisdiction from adopting more restrictive ordinances
         where local conditions indicate their need.

         These rules, all or in part, may be adopted by reference by a county
         or municipality.

         It shall  be a policy of the department to seek reasonable uniformity
         among local air pollution control ordinances in order to make the
         statewide comprehensive program more effective and less complicated
         for  all  persons concerned.

         These rules are subject to periodic revision to reflect advancing
         control  technology, increasing knowledge of the effect on health of
         sub-acute long term exposure to air pollutants and increased knowledge
         of the effect of pollutants on plant life, animal life, soils, and water
         resources.

(1.0)     NR 154.01 Definitions.

         1.   Air  contaminant:

             Dust, fly ash, particulate, smoke,soot, fume, mist fog, vapor, gas,
             odorous substance, radioactive substance, allergen, pathogen, or
             any  combination thereof.

         2.   Air  pollution:

             The  presence in the ambient air of one or more air contaminants in
             such quantity and of such duration as is or tends to be injurious
             to human health and welfare, animal or plant life, property, or
             water quality, or would unreasonably interfere with the enjoyment
             of life or property, or would reduce the visibility on highways or
             navigable waters so as to create hazard, or would interfere with the
             safe operation of an airport.


                                             -1-

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 3.  AQCR:
     Air quality control  region.
 4.  Air region:
     An area designated pursuant to federal  or Wisconsin laws in which a
     program to maintain or achieve air standards is implemented on
     a regional basis.
           (a) "Southeast Wisconsin Intrastate AQCR":   The counties of
               Kenosha, Racine.Milwaukee, Waukesha,  Washington,  Walworth,
               and Ozaukee.
           (b) "Subregion 1 of the Lake Michigan Intrastate AQCR":  The
               counties of Brown, Outagamie  and Winnebago.
 5.  Ambient air:
     The portion of the atmosphere external  to buildings and to  which
     the general public has access.
 6.  ASME:
     American Society of Mechanical Engineers, 345 East 47th Street,
     New York, New York.
 7.  BTU:
     British Thermal Unit.
 8.  Construction:
     Site preparation for, fabrication, erection, or installation of an
     air contaminant source.
 9.  Department:
     The department of Natural Resources, state of Wisconsin.
10.  Dose:
     The total exposure to a pollutant over  a specified time period.
               >^
     (Dose =  /   2 c dT where T  is the start anc| T  the end of the time
          '^~/  T,             1                   2
     period and C the concentration.)
                                     -2-

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11.  Emergency or reserve equipment:

    That equipment used when normal  equipment fails,  or  used  only  to
    meet high peak loads.

12.  Emission:

    The act of releasing or discharging air pollutants into the  ambient
    air.

13.  Equivalent air-dried kraft pulp:

    Pulp production which produces a loading of black liquor  solids
    to the recovery furnace equivalent to that loading produced  with
    kraft pulp.

14.  Equivalent  opacity:

    An opacity of 20% per Ringelmann number.

15.  Fugitive dust:

    Solid airborne particles emitted from any source  other than  a  flue
    or stack.

16.  Implementation plan:

    A plan adopted to implement, maintain, and enforce air standards
    within an air region, or portion thereof.

17.  Kraft process:

    Any pulping process which uses an alkaline sulfide solution  contain-
    ing sodium hydroxide and sodium sulfide for a cooking liquor.

18.  Modification:

    Any change in method of operation which increases the amount of any
    pollutant emitted from a source, except a change  in  production rate,
    or operating hours of existing equipment, or a change of  fuel  type
    provided the total amount of pollutants emitted is not increased.

19.  New source:

    Any affected facility, the construction or modification of which  is
    commenced after the effective date of these rules.
                                    -3-

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20. Non-condensibles:
    Gases and vapors from processes that are not condensed with the
    equipment used in those processes.
21. Opacity:
    The state of a substance which renders it partially or wholly
    impervious to rays of light.
22. Open burning:
    Oxidation from which the products of combustion are emitted directly
    into the ambient air without passing through a stack or chimney.
23. Organic compounds:
    Any compound containing carbon and hydrogen or containing carbon
    and hydrogen in combination with any other element and having a
    vapor pressure of 1.5 pounds per square inch absolute or greater
    under actual storage conditions.
24. Particulate or particulate matter:
    Any material which exists as a solid at standard conditions.
25. Performance Test:
    Measurements of emissions or other procedures used for the purpose
    of determining compliance with a standard of performance.
26. Person:
    Any individual, corporation, cooperative, owner, tenant, lessee,
    syndicate, partnership, firm, association, trust, estate, public
    or private institution, political subdivision of the state of
    Wisconsin, any state agency, or any legal successor, representative,
    agent, or agency of the foregoing.
27. Parts per million (ppm):
    Parts of a contaminant per million parts of gas by volume.
28. Process weight:
    The total weight of all materials introduced into any source operation,
    except liquid fuels, gaseous fuels, and air.
                                    r4-

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29. Regulating authority:
    The agency which has jurisdiction over a source.
30. Ringelmann  chart:
    The chart published by the U.S.  Bureau of Mines  in  which  are
    illustrated graduated shades of grey to black for use in estimating
    the shade or density of smoke.1
31. Secretary:
    The secretary of the department of Natural  Resources, state  of
    Wisconsin.
32. Semi stationary sources:
    Sources that have the capability  of emitting  while moving  but
    generally do not.  (Including but not limited to  diesel cranes,
    diggers and other construction equipment.)
33. Smoke:
    All products of combustion of sufficient density  to  be observable
    including but not limited to carbon, dust,fly ash, and other
    particles.
34. Source:
    Any installation, location, or operation which emits air contaminants
    into the ambient air.
35. Stack:
    Any device or opening designed or used to emit air contaminants
    to the ambient air.
36. Standard conditions:
    A temperature of 25° centigrade and a pressure of 760 millimeters
    of mercury.
  Ringelmann Chart published Dec. 1950 by the U.S.  Bureau of Mines
                                    -5-

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37. Standby fuel:

    Any fuel normally used less than 15 days per year and in place of a
    regular fuel.

38. Start up:

    The initial use of a piece of equipment, plant, or source.

39. Total reduced sulfur (TRS):

    Hydrogen sulfide, mercaptans, dimethyl sulfide, dimethyl disulfide,
    and any other organic sulfides.

40. Uncombined water:

    Water not chemically or physically bound to other materials.

41. Air pollution episode levels:

          (a)  "Alert":

               The alert level is that concentration of pollutants at
               which first stage control actions are to begin.  An
               alert will be declared when any one of the following levels
               is reached at any monitoring site and meteorological
               conditions are such that the pollutant concentrations can
               be expected to remain at the above levels for 12 or more
               hours or increase unless control actions are taken.

               1.  The S0.2 dose is equal to or greater than 2.8 ppm-hr.
                   (7,500!lig-hr/m3) for any consecutive 8-hour period in
                   the preceding 16 hours.

               2.  The particulates dose is equal to or greater than
                   28 COHs-hr.  (3,500 ,ug-hr/m3) for any consecutive
                   8-hour period in the preceding 16 hours.

               3.  S02 and particulate combined - product of S02, ppm,
                   24-hgur average, and COHs, 24-hour average equal to
                   0.2 or product of SOgjjg/m3, 24-hour average, and  ,
                   particulate jjg/m3, 24-hour average equal to 65 x 10 3.

               4.  The CO dose is equal to or greater than 120 ppm-hr.
                   (138 mg-hr/m3) for any consecutive 8-hour period in
                   the preceding 16 hours.
                                    -6-

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     5.   The oxidant (OJ  dose is  equal  to  or  greater  than
         0.4 ppm-hr.  (800 tig-hr/m3)  for any consecutive
         4-hour period in  the preceding  8 hours.

     6.   The N02 dose is equal to  or  greater than  2.4  ppm-hr.
         (4,510 yug-hr/m3)  for any  consecutive  4-hour period
         in the preceding  8 hours.

(b)   "Warning":

     The warning level indicates that air quality  is contin-
     uing to degrade and that additional control actions  are
     necessary.  A warning will  be declared 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 the above
     levels for 12 or more hours or increase unless  control
     actions are taken.

     1.   The SOo dose is equal to  or  greater than  5.6  ppm-hr.
         (15,000,ug-hr/m3) for any consecutive 8-hour  period
         in the preceding  16 hours.

     2.   The particulates  dose is  equal  to  or  greater  than  56
         COHs-hr.  (7,000  Aig-hr/m3) for  any consecutive 8-hour
         period in the preceding 16 hours.

     3.   S02 and particulate combined -  product of S02» ppm,  24-
         hour average and  COHs,  24-hour  average equal  to  0.8  or
         product of S02  Jug/m3, 24-hour average and particulate
        jug/m3, 24-hour average equal to 261 x 103.

     4.   The CO dose is  equal to or greater than  240 ppm-hr.
         (275 mg-hr/m3)  for any consecutive 8-hour period in
         the preceding 16  hours.

     5.   The oxidant (0-s)  dose is  equal  to  or  greater  than  1.2
         ppm-hr.  (2,000 .ug-hr/m ) for any  consecutive 4-hour
         period in the preceding 8 hours.

    .6.   The N02 dose is equal to  or  greater than  4.8  ppm-hr.
         (9,040,yg-hr/m3)  for any consecutive  4-hour period  in
         the preceding 8 hours.

(c)   "Emergency":

     The emergency level indicates that  air quality is continuing
     to  degrade to a level that should never be reached and
     that the most stringent control  actions are  necessary.
                          -7-

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                        An emergency will  be declared when any one of the follow-
                        ing levels is reached at any monitoring site and meteoro-
                        logical  conditions are such that this  condition  can  be
                        expected to continue for 12 or more hours.

                        NOTE:   Copies of Fundamentals of Smoke Abatement,
                        December, 1950, Ringelmann Chart, Information Circular
                        7588,  are available for inspection at  the offices of
                        Department of Natural Resources, Pyare Square Building,
                        and Secretary of State and Revisor of   Statutes,
                        Capitol, Madison,  Wisconsin, and may be procured for
                        personal use from the United States Department of Inter-
                        ior, Washington, D.C.

                        1.  The S0£ dose is equal  to or greater than 8.0 ppm-hr.
                            (21,500 Aig-hr/m3) for any consecutive 8-hour period
                            in the preceding 16 hours.

                        2.  The particulates dose is equal to  or greater than  72
                            COHs-hr. (9,000 .ug-hr/m ) for any  8-hour period  in the
                            preceding 16 hours.

                        3.  S02 and particulate combined - product of S02 ppm, 24-
                            hour average and COHs, 24-hour average equal to  1.2 or
                            product of SOgjjg/m »  24-hour average and particulate
                            ug/m3, 24-hour average equal to 393 x 103.

                        4.  The CO dose is equal to or greater than 37.0 ppm-hr.
                            (368 mg-hr/m ) for any consecutive 8-hour period in
                            the preceding 16 hours.

                        5.  The oxidant (03) dose is equal to  or greater than  1.4
                            ppm-hr.  (2,800 jug-hr/m3) for any  consecutive 4-hour
                            period in the preceding 8 hours.

                        6.  The N02 dose is equal  to or greater than 6.4 ppm-hr.
                            (12,050 ug-hr/m3) for any consecutive 4-hour period  in
                            the preceding 8 hours.

(2.0)     NR 154.02  Applicability.

         The provisions of this chapter govern the release of  air contaminants to
         the ambient air and the regulation of them by:

         1.  The department or

         2.  A countywide or regional program approved by the  department.
                                             -8-

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(3.0)     NR 154.03  Registration of existing sources.

         When requested by the department a person shall  furnish  to  the  department
         information to locate and classify contaminant sources according  to
         type, level, duration, characteristic,  and such  other information as may
         be necessary.  The information shall  be sufficient to evaluate  the
         effect on air quality and the compliance with these rules.

(3.0)     NR 154.04  Application to construct or  modify.

         1.  No person shall  cause, suffer, allow, or  permit the  construction of
             a new air contaminant source, or the addition  to, enlargement of,  re-
             location, modification, or replacement of an existing source  without
             prior written approval by the regulating  authority.  The  applicant
             shall show by plans, specifications, and  other data  that  the  facility
             will  operate without causing violation of these rules,  and  the
             ambient air quality standards, and  will comply with  the implementation
             plan requirements for approval.

                   (a)  The submittal shall include dates  of start  of con-
                        struction and expected completion.

                   (b)  Approval to construct or modify is  cancelled if  work  is
                        not begun within 1 year  of approval.  Approval may be
                        extended for 6 months on written  request.

                   (c)  Applications to construct or modify must  be  submitted to
                        the regulating authority for all  sources  which:

                        1.  Can burn coal, coke, or other solid fuel with  500
                            pounds or more per hour input.

                        2.  Can burn 300 or more gallons  per hour of fuel  oil.

                        3.  Can burn gas at more than  750,000 cubic  feet per  day.

                        4.  Can incinerate over  500 pounds  per hour.  Incinerators
                            this size are to be  licensed under the solid waste
                            disposal standards,  Wis. Adm. Code chapter NR  151.  A
                            single submittal to  the department of information for
                            licensing under chapter NR 151  is sufficient for  these
                            rules.

                        5.  Produce carbon black, charcoal, detergent  and  soap,
                            explosives, hydrofluoric acid,  nitric acid,  paint,
                            varnish, phosphoric  acid,  plastics, printing ink,
                            sodium carbonate, sulfuric acid, dehydrated  alfalfa,
                            dried corn, roasted  coffee, feed and  grain,  fish  meal,
                            fertilizers, smoked  meats  and sausage, starch, pri-
                            mary metals, ferroalloys,  metallurgical  coke,  cast
                                             -9-

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                            metals, asphalt roofing, asphaltic concrete, brick
                            or  clay products, calcium carbide, cement, ceramics,
                            cleaned coal, concrete mix, desulfurized oil, fiber
                            glass, frit glass, gypsum, lime, mineral wool, paper
                            board, perlite, paper pulp, phosphate rock, gravel
                            or  sand, refined petroleum or petrochemical products,
                            or  wood products.

                        6.  Have  uncontrolled emissions which exceed or are esti-
                            mated to exceed 6 pounds per hour of any pollutant or
                            which have emission controls or limits specified in
                            these rules.

                    (d)  Sources not included in subsection (l)(c) may be regulated
                        by county, regional or local ordinances.

                    (e)  Exemption from the requirement to make application to
                        construct or modify under department or local rules does
                        not relieve any person from compliance with the emission
                        limits  of this chapter.

(3.0)      NR  154.05  Action on applications.

          1.   If within  30 days  after the receipt of plans, specifications, or
              other  information  as required in section NR 154.04 the department de-
              termines the source  will not be in accordance with these rules, the
              implementation plan, or the air quality standards, it shall issue
              an order prohibiting the construction, installation, or establish-
              ment of the source.  If the department does not issue such an order
              within the 30-day  period the construction, 'installation, or esta-
              blishment; of the  source may proceed in accordance with the plans,
              specifications or  other information.

                    (a)  When plans are disapproved or an order is issued to pro-
                        hibit construction, the aggrieved person may request
                        a hearing in accordance with the rules of the department.

                    (b)  Failure of the department to issue a ruling or order does
                        not relieve a person from compliance with the emission
                        limits  of this chapter.

(9.0)      NR  154.06  Operation and inspection of sources.

          1.   No person  shall deny information or access to records relating to
              emission to an authorized representative of the department.

          2.   Information determined to be confidential in accordance with section
              144.33, Wis. Stats., shall, upon certification of the applicant,
              be so  treated by the department.
                                              -10-

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3.  The department may require provision for sampling ports, a safe
    place to work for test crews, stack or performance tests by or
    under the direction of a qualified engineer or person with demon-
    strated ability in this field, or instrumentation to monitor and
    record emission data.

          (a)  The department shall be advised in advance of stack or
               performance tests, and a department representative may wit-
               ness the test.  Test results shall be furnished to the
               department within 30 days.

          (b)  Performance tests or stack tests shall follow the pro-
               cedure and sampling train described in ASME Performance  „
               Test Code 27 or other method precribed by the department.

          (c)  The department shall charge a fee to cover the cost of
               stack or performance tests it conducts when those tests
               show the source to be in violation of these rules.

4.  The department may require provisions for instrumentation to
    determine the efficiency of control equipment.  Such instrumentation
    may include devices to measure voltage, or pressure drop across
    the control equipment; amperage, exhaust flow rates, or scrubbing
    solution flow rates to, or in the control equipment; temperature in
    the control equipment; or other information determined to be
    necessary by the department.

5.  No person shall deny entry at any reasonable time to an authorized
    representative of the department for purposes of inspection, or at
    any time when an air pollution episode condition exists or is be-
    lieved imminent.

6.  The department shall furnish a report of stack or performance tests
    or inspections it conducts to a representative of the source.

7.  A person shall promptly report to the department malfunction and
    breakdown of control equipment or use of emergency reserve equip-
    ment, and shall report in advance planned shutdown schedules and
    the measures taken to minimize the down time of the control equip-
    ment.  The department shall investigate repetitive breakdowns or
    emergency conditions.

8.  No person shall cause, suffer, allow, or permit the installation or
    use of any machine, equipment or other device for dilution of
    emissions which would otherwise be in violation of these rules, un-
    less written approval has been obtained from the department.
_	
 American Society of Mechanical Engineers Performance Test Code 27,
 copyright 1957.
                                    .-11-

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          NOTE:   Copies  of  PTC  27  -  1957 are available for inspection in the
          offices of Department of Natural  Resources, Pyare Square Building, and
          Secretary  of State  and Revisor of Statutes, Capitol, Madison, Wisconsin,
          and  may be obtained for  personal  use  from the American Society of
          Mechanical  Engineers,  United Engineering Center, 345 East 47th Street,
          New  York,  New  York  10017.

          9.   Results of stack  or  performance tests submitted to the department
              shall  include information from the instrumentation specified in
              subsection (4)  taken at the time  of the tests, along with copies
              of the original data sheets,  nozzle and stack diameter, weight of
              material sampled  and other information needed to evaluate the stack
              or performance  tests.

(2.0)      NR 154.07   County and regional programs.

          Approved local  programs  must be compatible with these rules and the imple-
          mentation  plan, avoid duplication, and provide:

          1.   Sufficient staff  and resources to carry out the program.

          2.   An air pollution  control officer  responsible for the program.

          3.   Record keeping  and reporting  to the department of emission inventory,
              air quality monitoring, enforcement status, and other data on a
              standardized  basis and in the form prescribed by the department.

          4.   An agreement  defining  the responsibilities of the department and
              local  agency  to achieve an effective program.

          5.   Countywide or regionwide enforcement of regulations involving:

                    (a)  Open,  backyard, and leaf burning.

                    (b)   Ringelmann  and opacity standards on stationary, semi-
                         stationary  and mobile  sources.

                    (c)   Incinerators rated at  500 pounds of waste per hour or
                         less.

                    (d)   Fugitive  dust and  other pollutants from sources other
                         than those  specified in section NR 154.04.

                    (e)   Fugitive  dust and  other pollutants from sources specified
                         in section  NR 154.04,  where authorized by the department.

                    (f)   Zoning restrictions where air pollution considerations
                         are  involved.
                                               -12-

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         6.   Consultation  on  traffic  planning, approval, and implementation
             where  air  pollution  considerations are involved, such as freeways,
             highway  relocation and highway widening.

(15.0)    NR  154.08  Enforcement and penalties.

         Whenever the department  has  reason to believe these rules have been
         violated,  it may  issue a written notice, which may include an order.

         1.   Within 10  days after the date of notice the aggrieved person may
             make a written request for  a hearing.

         2.   Penalties:  Any  person who  violates this chapter, or who fails,
             neglects,  or  refuses to  obey any general or special order of the
             department, shall forfeit not less than $10 nor more than $5,000,
             for each violation,  failure, or refusal.  Each day of continued
             violation  is  a separate  offense.  While the order is suspended,
             stayed,  or enjoined, such penalty shall not accrue.

(2.0)     NR  154.09  Emissions  prohibited.

         1.   No  person  shall  cause, suffer, allow, or permit emissions into the
             ambient  air in excess of the limits set in these rules, except:

                   (a)  When  an approved program or plan with a time schedule for
                       correction has been undertaken and correction is being
                       pursued with  diligence.

                   (b)  Emissions in  excess of the limits shown which are tempor-
                       ary and due to scheduled maintenance, breakdown of equip-
                       ment  orstart-upor shut-down of operations shall not be
                       considered a  violation provided that the department is
                       immediately notified of such unusual occurrence and it
                       considers the requested period of time necessary for
                       correction to be reasonable.

                   (c)  The use of emergency or reserve equipment needed for
                       meeting of high  peak loads, testing of the equipment, or
                       other uses approved by the department.  Such equipment
                       must  be specified in writing as emergency or reserve
                       equipment by  the department and cannot have a normal use
                       Of more than  15  days per year.  Upon start-up of this
                       equipment notification must be given to the department
                       which may or  may not give approval for continued equipment
                       use.
                                            -13-

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51.13)  NR 154.10  Limitations on open burning.

        1.  Open burning is prohibited with the  following exceptions:

                  (a)   Burning of brush or weeds on  agricultural  lands.

                  (b)   Fires set for practice and instruction  of  firemen,  or
                       testing of fire fighting  equipment.

                  (c)   Backfires to control  forest fires  or  fires set  for  forest
                       or wildlife habitat management with approval  of the depart-
                       ment where no reasonable  alternative  is available.

                  (d)   Burning of explosive or dangerous  material  for  which there
                       is no other safe means of disposal.

                  (e)   Burning of small amounts  of dry  combustible rubbish
                       (not to include wet combustible  rubbish, garbage, oily
                       substances, asphalt,  plastic  or  rubber  products)
                       except where prohibited by local ordinance.

                  (f)   Burning at rural or isolated  solid waste disposal sites
                       outside of the Southeast  Wisconsin Intrastate AQCR  that
                       serve less than 2,500 people  and are  licensed to burn
                       waste under section NR 151.18 of the  solid waste disposal
                       standards, or burning of  special waste  where  permits
                       are obtained from both the air pollution control section
                       and the solid waste disposal  section  of the department.

                  (g)   Outdoor fires for cooking, ceremonies,  or  recreation.

                  (h)   Burning of trees, limbs,  stumps, brush  or  weeds for
                       clearing or maintenance of rights-of-ways  outside of the
                       Southeast Wisconsin Intrastate AQCR.

                  (i)   Burning of trees, wood, brush, or  demolitions materials
                       (excluding asphaltic, or  rubber  materials) by such
                       methods approved by the department.

                  (j)   Small open flames for welding, acetylene torches, safety
                       flares^ heating tar, or similar applications.

                  (k)   Burning of gaseous or liquid  waste in a manner  approved
                       by the regulating authority.

                  (1)   Burning of small amounts  of dry  leaves  and dry  plant
                       clippings except where prohibited  by  local ordinance.
                                            ,r!4-

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         2.  All allowed open burning  shall be conducted in a safe pollution free
             manner, when wind and weather conditions are such as to minimize ad-
             verse effects and in conformance with local and state fire protection
             regulations.

(50.1 )    NR  154.11  Control of particulate emissions.

         1.  GENERAL LIMITATIONS.  No person shall cause, suffer, allow, or permit
             particulate matter to be emitted into the ambient air which sub-
             stantially contributes to exceeding of an air standard, or creates
             air pollution.

         2.  FUGITIVE DUST.  No person shall cause, suffer, allow, or permit any
             materials to be handled, transported, or stored without taking
             precautions to prevent particulate matter from becoming air-borne.
             Nor shall a person allow a structure, a parking lot, or a road to
             be used, constructed, altered, repaired, sand blasted or demolished
             without taking such precautions.  Such precautions shall include,
             but not be limited to:

                   (a)  Use, where possible, of water or chemicals for control of
                        dust in the demolition of existing buildings or structures,
                        or construction operations.

                   (b)  Application of asphalt, oil, water, suitable chemicals,
                        or plastic covering on dirt roads, material stockpiles,
                        and other surfaces which can create airborne dust, pro-
                        vided such application does not create a hydrocarbon, odor,
                        or water pollution problem.

                   (c)  Installation and use of hoods, fans and air cleaning de-
                        vices to enclose and vent the areas where dusty materials
                        are handled.

                   (d)  Covering or securing of materials likely to become air-
                        borne while being moved on public roads, railroads, or
                        navigable waters.

                   (e)  Conduct of agricultural practices such as tilling of
                        land or application of fertilizers in such manner as not
                        to create air pollution.

                   (f)  The paving or maintenance of roadways or parking lots so
                        as not to create air pollution.

         3.  PARTICULATE CATEGORY APPLICATIONS AND PROGRAM DUE DATES.  Particulate
             categories shall be as follows:
                                              -15-

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(a)  Category I:

     1.   Applies to new or modified sources  throughout the
         state which are constructed or modified after the
         effective date of these rules.  Compliance   with
         these limitations shall be shown to the department on
         start up of the new source or modification.

(b)  Category II:

     1.   Applies to all existing sources throughout  the state.
         Compliance with these limitations shall  be  by July 1,
         1973.  A control  plan or program, specifying equip-
         ment design and timetable for implementation shall  be
         submitted to the department by July 1,  1971.

(c)  Category III:

     1.   In addition to the limitations of category  II existing
         sources in subregion 1  of the Lake  Michigan  Intra-
         state AQCR shall  meet the emission  limits of category
         III.  If the department finds that  major changes in the
         control plan or program are needed  to meet  these limits
         compared to the limits  of category  II,  it may grant
         until January 1,  1973 for the submittal  of  a new con-
         trol plan or program, and until May 1,  1975  for com-
         pliance with these limits.   If a major  change is not
         needed the new control  plan or program  and  compliance
         with these limits shall be at earlier dates  specified
         by the department.

(d)  Category IV:

     1.   In addition to the limitations of category  II existing
         sources in the Southeast Wisconsin  Intrastate AQCR
         shall meet the emission limits of category  IV.  If
         the department finds that major changes in  the control
         plan or program are needed to meet  these limits com-
         pared to the limits of category II, it  may  grant until
         January 1, 1973 for the submittal of a  new  control  plan
         or program, and until May 1, 1975 for compliance with
         these limits.  If a major change is not needed the
         new control plan  or program and compliance with these
         limits shall be at earlier dates specified  by the  de-
         partment.

     2.   The department may grant a source variance  from
         category IV to category III if it determines that  such
         variance will not cause significant degradation of air
         quality and the source is so located that  it will  not
         affect the attainment of an air standard.
                         -16-

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                    (e)  All  categories:

                        1.   No extensions beyond these time limits for imple-
                             mentation may be granted without formal application to
                             the  department which determines adequate justification.

(50.1.1)   4.   PARTICULATE  EMISSION  LIMITS FOR PROCESSES.  No person shall cause,
              suffer,  allow,  or permit the emission of particulate matter to the
              ambient  air  from a  process source  in excess of one of the following
              limitations:  dates for compliance are specified in section NR
              154.11  (3).

                    (a)  Category I:

                        1.   All  sources in this category; emission in excess of:

                             a.   Any other process not enumerated below:  emission
                                 calculated by the use of the equation, E=3.59 pO-°
                                 for process weight rates up to 60,000 pougds per
                                 hour; by use of the equation E-17.31 P°-'b for
                                 process weight  rates of 60,000 pounds per hour or
                                 more; (E is the allowable emissions in pounds
                                 per hour, and P is the process weight rate in tons
                                 per hour,) or in concentrations greater than those
                                 listed in section NR 154.11 (4)(b), whichever is
                                 more restrictive.  Some examples of these cal-
                                 culations are given in the following table.


                                   Process                              Emission
                                 weight Rate                              Rate
                                 (Ibs/hr.)                             (Ibs./hr.)

                                      50	0.03
                                     100	0.55
                                     500	1.53
                                   1,000	2.25
                                   5,000	6.34
                                   10,000	9.73
                                   20,000	14.99
                                   60,000	29.60
                                   80,000	31.19
                                 120,000	33.28
                                 160,000     .                           34.85
                                 200,000	36.11
                                 400,000     ...                     40.35
                               1,000,000                                46.72

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         b.   Cement Kilns:   0.30  pounds  of particulate  per  ton
             of feed to the kiln.

         c.   Cement clinker coolers:   0.10 pounds  of  particulate
             per ton of feed to the  kiln.

(b)   Categories II, III and IV:

     1.   All  sources in these categories;  emissionsin excess of:

         a.   Cupolas:   0.45 pounds dust  per 1,000  pounds of gas

         b.   Electric  arc,  or induction  furnaces:   0.1  pounds
             dust per  1,000 pounds of  gas

         c.   Open hearth furnaces:   0.2  pounds  dust per 1,000
             pounds of gas

         d.   Basic oxygen furnaces:  0.1 pounds  dust  per 1,000
             pounds of gas       ,

         e.   Sintering plants:  0.2  pounds dust  per 1,000
             pounds of gas

         f.   Air melting furnaces:   0.3  pounds  dust per 1,000
             pounds of gas

         g.   Heating,  or preheating  furnaces:   0.3 pounds dust
             per 1,000 pounds of  gas

         h.   Blast furnaces:  0.2 pounds dust per  1,000 pounds
             of gas

         i.   Asphalt,  concrete, or aggregate mix plants:  0.3
             pounds dust per 1,000 pounds  of gas

         j.   Cement kilns:   0.2 pounds dust per 1,000 pounds of
             gas

         k.   Lime kilns: 0.2 pounds dust  per 1,000 pounds  of
             gas

         1.   Cement clinker coolers:   0.3  pounds dust per
             1,000 pounds of gas

         m.   Grinding, drying, mixing, conveying,  sizing, or
             blending:  0.2 pounds dust  per 1,000  pounds of gas
                          -18-

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                             n.   Grain  processing, or handling:  0.4 pounds dust
                                 per  1,000  pounds of gas

                             o.   Any  other  process not enumerated:  0.4 pounds dust
                                 per  1,000  pounds of gas.

(51.5)     5.   PARTICULATE  EMISSION  LIMITS FOR FUEL BURNING INSTALLATIONS.  No
              person  shall  cause, suffer, allow or permit particulate matter to be
              emitted to the  ambient  air from any indirect heat exchanger, power or
              heating plant,  fuel-burning installation, or pulp recovery furnace in
              excess  of one of  the  following limitations:  dates for compliance
              are  specified in  NR 154.11 (3).

                    (a)  Category I:

                        1.   Installations  of 250 million BTU per hour or less: the
                             maximum  emission of 0.15 pounds of particulate matter
                             per  million BTU input to any stack,except those in-
                             stallations in the Southeast Wisconsin Intrastate
                             AQCR which shall follow section NR 154.11 (5)(d)l.

                        2.   Installations  of more than 250 million BTU per hour:
                             the  maximum emission of 0.10 pounds of particulate
                             matter per million BTU input to any stack.

                    (b)  Category II:

                        1.   All  installations in this category:  emissions deter-
                             mined  by use of figure 2 of the ASME Standard Number
                             APS-1  with the maximum emission irrespective of stack
                             height of 0.60 pounds of particulate matter per million
                             BTU  to any stack.3

                    (c)  Category III:

                        1.   All  installations in this category:  emissions deter-
                             mined  by use of figure 2 of the ASME Standard Number
                             APS-1  with the maximum emission irrespective of stack
                             height of 0.30 pounds of particulate matter per million
                             BTU  input to any stack.

                    (d)  Category IV:

                        1.   Installations  of less than 250 million BTU per hour
                             (heat  input of an installation shall follow ASME
                             Standard Number APS-1):  these installations shall
                             not  burn coal. In addition the maximum emission of
                             0.15 pounds of particulate matter per million
                             BTU  input to any stack.
          	
           American  Society of  Mechanical Engineers Standard Number APS-1.Second  -
           Edition,  November  1968,  copyright 1969.

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                       2.   Installations  of 250 million  BTU  per  hour or more:  the
                           maximum emission of 0.15  pounds of  particulate matter
                           per million BTU  input to  any  stack.

0.1)    6.  PARTICULATE EMISSION LIMITS FOR INCINERATORS.  No  person shall cause,
1.9)        suffer, allow,  or permit particulate matter, concentrations corrected
            to 12% carbon  dioxide, to be  emitted to  the  ambient  air from any
            incinerator in  excess of one  of the following limitations:  dates for
            compliance are  specified in section NR 154.11 (3).

                  (a)   Category I:

                       1.   Incinerators rated  at 4,000 pounds  of waste per hour
                           or more:   0.15 pounds of  particulate  per 1,000
                           pounds of exhaust gas.

                       2.   Incinerators rated  at over 500 pounds of waste per
                           hour and  less  than  4,000  pounds of  waste per hour:
                           0.20 pounds of particulate per 1,000  pounds of exhaust
                           gas.

                       3.   Incinerators rated  at 500 pounds  of waste per hour or
                           less:  0.30 pounds  of particulate per 1,000 pounds of
                           exhaust gas.

                       4.   Prefabricated  domestic incinerators below 5 cubic
                           feet capacity  shall  not exceed the  performance emission
                           requirements prescribed by the United States of America
                           Standards Institute for domestic  incinerators, standard
                           Z21.6.4

                  (b)   Category II:

                       1.   Incinerators rated  at over 500 pounds of waste per
                           hour:  0.50 pounds  of particulate per 1,000 pounds
                           of exhaust gas.

                       2.   Incinerators rated  at 500 pounds  of waste per hour
                           or"less:   0.60 pounds of  particulate  per 1,000 pounds
                           of exhaust gas.

                       3.   Prefabricated  domestic incinerators below 5 cubic
                           feet capacity  shall  not exceed the  performance emission
                           requirements prescribed by the United States of
                           America Standards Institute for domestic incinerators,
                           standard  Z21.6.   _	

         United States of America Standards Institute Approval Requirements for
         Domestic Gas-Fired Incinerators, number Z21.6,  approved December 28, 1966,
         copyright 1967.

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                    (c)  Categories III and IV:

                         1.  Incinerators of 5 cubic feet capacity or more:  0.30
                             pounds of particulate per 1,000 pounds of exhaust gas.

                         2.  Prefabricated domestic incinerators below 5 cubic feet
                             capacity shall not exceed the performance emission
                             requirements prescribed by the United States of
                             America Standards Institute for domestic incinerators,
                             standard Z21.6.

(50.1.2 )  7.  VISIBLE EMISSIONS.  No person shall cause, suffer, allow,or permit
              emissions into the ambient air from any stationary source in excess
              of one of the following limitations:  dates for compliance are
              specified in NR 154.11 (3).

                    (a)  Categories I, III and IV:

                         1.  All sources in these categories:  emissions of shade
                             or density greater than number 1 of the Ringelmann
                             chart or 20% opacity except when:

                             a.  Combustion equipment is being cleaned or a new
                                 fire  started, not to exceed number 4 of the
                                 Ringelmann chart or 80% opacity for 5 minutes
                                 in any one hour.  Combustion equipment may not be
                                 cleaned or a fire started more than 3 times per
                                 day.

                             b.  Equipment failure occurs and emissions are not
                                 reasonably preventable, provided notification is
                                 given to the regulating authority.

                             c.  Uncombined water is the cause of failure to meet
                                 the requirements of this rule.

                             d.  For stated periods of time as permitted by the
                                 regulating authority for such purpose as operating
                                 test, use of emergency or reserve equipment or
                                 other good cause, provided no significant air
                                 pollution results and no hazard or unsafe condition
                                 arises.

                             e.  Stack test data taken concurrently with Ringelmann
                                 or opacity readings show the source to be in com-
                                 pliance with the emission limits but not the
                                 Ringelmann or opacity limits.  In this case Ringel-
                                 mann or opacity limits shall be set at 0.5
                                 Ringelmann or 10% opacity above the average read
                                 during the stack test.


                                              r21-

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NOTE;  Copies of the above standard are available for inspection in
the office of Department of Natural Resources, Pyare Square Building,
and Secretary of State and Revisor of Statutes, Capitol,  Madison,
Wisconsin, and may be obtained for personal  use from The  American                    i
Society of Mechanical Engineers, United Engineering Center, 345 East                 J
47th Street, New York, N. Y. 10017.                                                  |

NOTE:  Copies of the above standard are available for inspection in the
office of the Department of Natural Resources, Pyare Square Building,
and Secretary of State and Revisor of Statutes, Capitol,  Madison,
Wisconsin, and may be obtained for personal  use from American Gas
Association, Inc., 605 Third Avenue, New York, N.Y.  10016.

          (b)  Category II:

               1.  All sources in this category:  emission of shade or
                   density equal to or greater than number 2 of the
                   Ringelmann chart or 40% opacity.  Exceptions listed
                   in section NR 154.11 (7)(a) shall apply.

NR 154.12 Control of sulfur emissions.

1.  GENERAL LIMITATIONS.  No person shall cause, suffer,  allow, or permit
    emission of sulfur or sulfur compounds into the ambient air which
    substantially contribute to the exceeding of an air standard or
    cause air pollution.  The limitation on sulfur content of stand-by
    fuel is specified in section NR 154.16 and the limitation on total
    reduced sulfur from pulping operations is specified in section
    NR 154.18 (2).

2.  SULFUR LIMITATIONS.  No person shall cause, suffer, allow, or permit
    sulfur dioxide to be emitted to the ambient air in amounts greater
    than:

          (a)  New or modified fossil fuel-fired steam generators
               rated at over 250 million BTU per hour:

               1.  Firing of liquid fossil fuel: 0.80 pounds of S02 per
                   million BTU input.

               2.  Firing of solid fossil fuel:  1.2 pounds of SQ2 per
                   million BTU input.

          (b)  New or modified sulfuric acid plants other than those
               utilized primarily as a means of preventing emission to
               ambient air of sulfur dioxide or other sulfur compounds:
               4.0 pounds of SO  per ton of acid produced.
                                     -22-

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(50.4)    NR 154.13 Control  of organic  compound  emissions.

         1.  GENERAL LIMITATIONS.   No  person  shall  cause,  suffer,  allow, or  per-
             mit organic compound  emissions  into  the  ambient  air which  substan-
             tially contribute to  the  exceeding of  an air  standard or cause  air
             pollution.

         2.  ORGANIC COMPOUND LIMITATIONS.   No  person shall cause, suffer, allow,
             or permit from any source in  the state,  organic  compounds  to be
             handled, transported, stored, or used  without taking  reasonable
             precautions to prevent hydrocarbon escape or  emission.  In the
             Southeast Wisconsin Intrastate  AQCR  or for any new or modified  source
             throughout the state, such precautions shall  include, but  are not
             limited to:

                   (a)  Use of pressure tanks,  floating roofs,  vapor seals,
                        gas-tight  fittings,  vapor recovery systems or similar
                        controls on storage  tanks of over  40,000 gallon capacity.

                   (b)  Use of vapor collection and disposal  system, vapor collec-
                        tion adaptors  and  vapor-tight seal, or  underfill method
                        with the top hatches  partially closed or means  of creating
                        a slight back  pressure  when loading tank trucks or
                        trailers at facilities  with over 40,000 gallons per  day
                        throughput.

                   (c)  Use of a submerged fill pipe of at least 95% or underfill
                        method when loading  tank  trucks or trailers at  facilities
                        with 40,000 gallons  or  less per day throughput.

                   (d)  Use of a permanent submerged fill  pipe  on  all tanks  of
                        over 1,000 gallon  capacity, provided  such  a tank does not
                        have controls  as in  section NR 154.13 (2)(a).

                   (e)  Use of systems to  prevent spillage or leakage when filling
                        tanks, trucks  or trailers.

                   (f)  Use of caution when  filling automotive  tanks to prevent
                        spillage.

                   (g)  Use of vapor seals,  floating roofs, flexible diaphragms,
                        gas-tight fittings,  vapor recovery systems or similar
                        controls of at least 8S%  efficiency on  volatile organic
                        compound water separation systems  that  process  over  200
                        gallons per day.

                   (h)  Use of direct flame  incinerators,  catalytic incinerators,
                        or smokeless flares  of  at least 85% efficiency  on waste
                        gas streams or vapor vent systems that emit more than 15
                        pounds per day or  3  pounds  per hour or  organic  compounds.
                                             -23-

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          (i)  Use of incinerators,  adsorption,  or similar methods  of at
               least 85% efficiency for control  of organic compounds  from
               baking, heating, curing, or drying of materials  that
               liberate such compounds under one of the above processes
               in excess of 15 pounds per day or 3 pounds per hour.

          (j)  Use of disposal methods that prevent organic compounds
               from being emitted to the ambient air.

          (k)  Use of incinerators,  adsorption,  scrubbers or other  methods
               of at least 85% efficiency for control of organic com-
               pounds from dry cleaning operations that emit more than 15
               pounds per day or 3 pounds per hour or enclosed  paint  spray
               operations that emit more than 30 pounds per day or  6
               pounds per hour of organic compounds.

3.  EXCEPTIONS TO LIMITATIONS.  The provisions of section NR 154.13 (2)
    shall not apply to the application or use of insecticides,  pesticides,
    herbicides, saturated halogenated hydrocarbons, perch!oroethylene,
    benzene, acetone trichloroethylene or other solvents which  have
    been shown to be virtually unreactive in the formation of oxidants.
    A solvent shall be considered reactive if it has an aggregate of  more
    than 20% of its total volume composed of the chemical compounds
    classified below or exceeds any of the following individual percentage
    composition limitations, referred to the total volume of solvent:

          (a)  A combination of hydrocarbons, alcohols, adehydes, esters,
               ethers, or ketons having an olefinic or cyclo-olefinic
               type of unsaturation: 5%;

          (b)  A combination of aromatic compounds with eight or more
               carbon atoms  to the molecule except ethyl benzene: 8%;

          (c)  A combination of ethyl benzene,ketones having branched
               hydrocarbon structures, or toluene: 20%.

    Whenever any organic solvent or any constituent of an organic solvent
    may be classified from its chemical structure into more than one  of
    the above groups of organic compounds, it shall be considered as  a
    member of the most reactive chemical group,  that is, that group
    having the least allowable percent of the total volume of solvents.

4.  ORGANIC COMPOUND PROGRAM  DUE DATES.  Organic compound control shall
    follow the following time schedule:

          (a)  Existing  sources  in  the Southeast Air Region:   the
               department may grant  until January  1, 1975, for
                                     -24-

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                        compliance with limitations in section NR 154.13 (2).
                        A plan or program, specifying equipment design and time
                        table for implementation shall be submitted to the
                        regulating authority by January 1, 1973.  To extension
                        of this time limit may be granted without formal appli-
                        cation to the department which determines adequate
                        justification.

                    (b)  New  sources in the state:  compliance with section NR 154.13
                        (2)  shall be shown to the department on startup or first
                        use  of the source or installation.

(50.5)     NR  154.14  Control  of carbon monoxide emissions.

          1.  GENERAL LIMITATIONS.  No person shall cause, suffer, allow, or permit
             emission of carbon monoxide to the ambient air which substantially
             contribute to the exceeding of an air standard or cause air pollution.

          2.  CARBON MONOXIDE LIMITATIONS.  No person shall cause, suffer, allow,
             or  permit from  any new source, carbon monoxide to be emitted to the
             ambient air unless such emissions are incinerated at 1300°F. for 0.3
             seconds, or reduced by other means an equivalent amount.  Such
             emissions shall include, but are not limited to the exhaust of
             cupolas, blast  furnaces, basic oxygen furnaces; or waste streams from
             catalyst regeneration, petroleum fluid cokers, or other petroleum
             processes.  Compliance with this limitation shall be shown to the
             department on start up of the source.

(50.3)     NR  154.15  Control  of nitrogen compound emissions.

          1.  GENERAL LIMITATIONS.  No person shall cause, suffer, allow, or
             permit nitrogen oxides or nitrogen compounds to be emitted to the
             ambient air which substantially contribute to the exceeding of an
             air standard or cause air pollution.

          2.  NITROGEN OXIDES LIMITATIONS.  No person shall cause, suffer, allow,
             or  permit nitrogen oxides (expressed as N00) to be emitted to the
             ambient air in  amounts greater than:      u

                    (a)  New  or modified fossil fuel-fired steam generators rated
                        .at over 250 million BTU per hour:

                        1.   Firing of gaseous fossil fuel; 0.20 pounds of N02 per
                             million BTU input.

                        2.   Firing of liquid fossil fuel:  0.30 pounds of N0~ per
                             million BTU input.
                                              r25-

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                         3.   Firing  of solid  fossil  fuel:  0.70 pounds of N02 per
                             million BTU  input.

                    (b)   New or modified  weak nitric acid  plants  (acid 30 to 70
                         percent in  strength:)  3.0  pounds  of N0£  per ton of acid
                         produced.

(2.0)     NR 154.16  Use of  standby  fuel.

          1.  USE OF STANDBY FUEL SHALL MEET  THE  FOLLOWING LIMITATIONS:

                    (a)   Visible emissions:

                         1.   The limits in visible  emission shall be the same as
                             section NR 154.11  (7)(b) of these rules.

                    (b)   Particulate emission limits:

                         1.   No person while  burning standby fuel shall cause,
                             suffer, allow, or permit to be emitted to the
                             ambient air  particulate matter which substantially
                             contribute to the  exceeding of an air standard or
                             create  air pollution.

                    (c)   Sulfur emission  limits:

                         1.   No person shall  cause,  suffer, allow, or permit use of
                             standby fuel with  greater sulfur content than:

                             a.   Coal: 1.50% (by weight as fired)

                             b.   Residual Oil:  1.00%

                             c.   Distillate Oil:  0.70%

                         2.   Variance from the  above sulfur limits may be granted
                             by the  department until  July  1, 1975, or until
                             existing fuel supplies  are used or contracts expired.

(12.0)     NR 154.17  Control  of motor vehicles, internal combustion engines, and
          mobile  sources.

          1.  GENERAL LIMITATIONS.   No person shall  cause, suffer, allow, or permit
              emissions  of particulate matter,  sulfur oxides, hydrocarbons, carbon
              monoxide,  or nitrogen  oxides from a motor vehicle,  internal combustion
              engine, or mobile source which  substantially contribute to the ex-
              ceeding of an  air standard  or create  air pollution.

          2.  CONTROL OF MOTOR VEHICLES.  No  person  shall  cause,  suffer, allow, or
              permit the removal, dismantling,  disconnection, disabling, or dis-
                                              -26-

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    repair of any air pollution control  device  or system which  has  been
    installed on a motor vehicle or internal  combustion engine.   Such
    devices or systems include but are  not limited to:

          (a)  Positive crank case ventilation  system.

          (b)  Exhaust emission control  devices.

          (c)  Evaporative fuel loss control  systems.

          (d)  Any control device operating on  principles  such  as thermal
               decomposition, catalytic oxidation or reduction,  absorp-
               tion, or adsorption.

3.  REQUIREMENTS.  The following requirement applies to motor vehicles in
    the Southeast Wisconsin Intrastate  AQCR.

          (a)  Gasoline powered on the  the road vehicles:   inspection,
               and repair if necessary, for a gasoline-powered  vehicle
               to be eligible for registration.  Inspection and repair
               shall include:

               1.  Positive crankcase ventilation system.

               2.  Hosing on pollution  control  system.

               3.  Cleaning of air cleaner.

               4.  Setting of idle speed (manufacturer  recommendation).

               5.  Setting of idle mixture (manufacturer  recommendation
                   on 1968 and later vehicles and best  lean idle on all
                   other).

4.  VISIBLE EMISSION LIMITS FOR MOTOR VEHICLES, INTERNAL  COMBUSTION
    ENGINES, AND MOBILE SOURCES.  No person shall cause,  suffer, allow,
    or permit visible emissions in amounts greater than  the following
    limitations, except when uncombined water is the cause for  violation.

          (a)  Gasoline-powered internal combustion engines of  25 HP or
               more, or gasoline-powered motor vehicles:   no visible
               emissions for longer than five consecutive seconds.

          (b)  Diesel-powered motor vehicles of model year 1970 or later:
               emissions of shade or density greater than Number 1  on
               the Ringelmann chart or 20% opacity for  longer than ten
               consecutive seconds.
                                    -27-

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                    (c)   Diesel-powered motor  vehicles of model year 1969 or
                         earlier:   emissions of  shade or density greater than
                         Number 2  on  the  Ringelmann chart of 40% opacity for
                         longer than  10 consecutive seconds.

                    (d)   Ships,  locomotives, or  semistationary diesel engines:
                         emissions of shade or density greater than number 2 on
                         the  Ringelmann chart  or 40% opacity for longer than an
                         aggregate time of 5 minutes in any 30-minute period.  At
                         no time shall emissions exceed a shade or density greater
                         than number  4 on the  Ringelmann chart or 80% opacity.

(8.0)      NR  154.20  Emergency emission control action programs.

          1.   GENERAL  PROGRAM.

                    (a)   Any  person responsible  for the operation of a source of
                         air  contaminants which  emits 0.25 tons per day or more of
                         any  air contaminant for which air standards have been
                         adopted shall prepare emission control action programs
                         consistent with  good  industrial practice and safe
                         operating procedures, for reducing the emission of air
                         contaminants  into the outdoor atmosphere during periods
                         of an AIR POLLUTION ALERT, AIR POLLUTION WARNING,
                         or AIR POLLUTION EMERGENCY.  Emission control action
                         programs  shall be designed to reduce or eliminate emissions
                         of air contaminants into the outdoor atmosphere in
                         accordance with  the objectives set forth in Tables 1-5 of
                         section NR 154.20 (2)(e).

                    (b)   Emission  control action programs as required under
                         section NR 154.20 (l)(a) shall be in writing and show the
                         source  of air contamination, the approximate amount of
                         reduction of contaminants, the approximate time required
                         to effect the program,  a brief description of the manner
                         in which  the  reduction  will be achieved during each
                         stage of  an  air  pollution episode, and such other infor-
                         mation  as the department shall deem pertinent.

                    (c)   During  a  condition of AIR POLLUTION ALERT, AIR POLLUTION
                         WARNING,  or  AIR  POLLUTION EMERGENCY emission control
                         action  programs  as required by section NR 154.20 (l)(a)
                         shall  be  made available on the premises to any person
                         authorized to enforce the provisions of the department's
                         episode procedure.

                    (d)   Emission  control action programs as required by section
                         NR 154.20 (l)(a) shall  be submitted to the department
                         upon request within 50  days of the receipt of such request;
                                              -28-

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           such emission control  action programs shall  be subject
           to review and approval  by the department.   If, in  the
           opinion of the department, such emission control action
           programs do not effectively carry out the objectives as
           set forth in Tables 1-5 of section NR 154.20 (2)(e); the
           department may disapprove said emission control  action
           programs, state its reason for disapproval,  and order  the
           preparation of amended emission control action programs
           within the time period specified in the order.  If the
           person responsible fails within the time period specified
           in the order to submit an amended emission control action
           program which in the opinion of the department meets  the
           said objectives, the department may revise the emission
           control action programs to cause it to meet these  objectives,
           Such revised program will thereafter be the emission  control
           action program which the person responsible must put  into
           effect upon declaration of an air pollution episode by the
           secretary.

EMERGENCY EPISODE ORDERS.  The following are orders which may be
appropriate for use by the secretary under section 144.40, Wis.
Stats., upon his declaration that an air pollution emergency
episode exists for any air contaminants for which air standards
have been adopted:

      (a)  Air pollution alert:

           1.  Any one or combination of air contaminants:

               a.  Any person responsible for the operation of a
                   source of air contamination as set forth in
                   section NR 154.20 (l)(a) shall take all AIR
                   POLLUTION ALERT actions as required for such
                   source of air contamination, and shall parti-
                   cularly put into effect the emission control
                   action programs for an AIR POLLUTION ALERT.

           2.  Suspended particulate matter:

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

               b.  The use of incinerators for the disposal of any
                   form of solid waste shall be limited to the
                   hours between 12:00 and 4:00 p.m.
               c.
Persons operating fuel-burning equipment which
requires intermittent boiler lancing or soot
                                -29-

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             blowing shall  perform such  operations,  to  the
             maximum extent possible,  between  the  hours  of
             12:00 Noon and 4:00 p.m.

     3.   Nitrogen oxides:

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

         b.   The use of incinerators for the disposal of any
             form of solid  waste shall be limited  to the hours
             between 12:00  Noon and 4:00 p.m.

(b)   Air pollution warning:

     1.   Any one or combination of air contaminants:

         a.   Any person responsible for  the  operation of a
             source of air  contamination as  set forth in
             section NR 154.20 (l)(a)  shall  take all AIR
             POLLUTION WARNING actions as required for  such
             source of air  contamination, and  shall  parti-
             cularly put  into effect the emission  control
             action programs for an AIR  POLLUTION  WARNING.

     2.   Suspended particulate matter:

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

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

         c.   Persons operating fuel-burning  equipment which re-
             quires intermittent boiler  lancing or soot blowing
             shall perform  such operations,  to the maximum
             extent possible, between  the hours of 12:00 Noon
             and 4:00 p.m.

     3.   Nitrogen oxides:

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

         b.   The use of incinerators for the disposal of any  form
             of solid waste or liquid  waste  shall  be prohibited.
                          -30-

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(c)   Air pollution emergency:

     1.   Any one or combination  of contaminants:

         a.   Any person responsible for  the  operation  of  a
             source of air contamination as  described  in
             section NR 154.20  (l)(a)  shall  take  all AIR
             POLLUTION EMERGENCY actions as  listed  as  required
             for such source of  air contamination;  and shall
             particularly put into effect the  emission control
             action programs for an AIR  POLLUTION EMERGENCY.

         b.   All manufacturing establishments  except those
             included in section NR 154.20 (l)(a) will  insti-
             tute such action as will  result in maximum reduction
             of air contaminants from  their  operations by
             ceasing, curtailing, or postponing operations
             which emit air contaminants to  the extent possible
             without causing injury to persons or damage  to
             equipment.

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

             1.  Mining and quarrying  of nonmetallic minerals.

             2.  All contract construction work except that
                 which must proceed to avoid physical  harm.

             3.  Wholesale trade establishments,  i.e.  places
                 of business primarily engaged in selling
                 merchandise to  retailers, to  industrial,
                 commercial, institutional or  professional
                 users, or to wholesalers, or  acting as agents
                 in buying merchandise for or  selling  merchandise
                 to such persons or companies.

             4.  All offices of  local, county, and  state  govern-
                 ment and any other public body;  except those
                 offices that must continue  to operate in order
                 to enforce the  requirements of this order
                 pursuant to statute.

             5.  All retail trade establishments  except pharma-
                 cies and stores primarily engaged  in  the sale
                 of food.

             6.  Banks, credit  agencies  other  than  banks, securi-
                 ties and commodities  brokers, dealers, exchanges
                 and services,  offices of insurance carriers,
                 agents and brokers, and real  estate offices.


                          -31-

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             7.   Wholesale and retail  laundries,  laundry
                 services and cleaning and dyeing establish-
                 ments,  photographic studios,  beauty shops,
                 barber  shops, shoe repair shops.

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

             9.   Automobile repair, automobile services, garages.

            10.   Establishments rendering  amusement  and recrea-
                 tion  services including motion picture theatres.

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

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

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

         f.   The use of  motor vehicles is  prohibited except
             in  emergencies with the approval  of  local  or
             state police.

(d)   When the secretary  determines that an Air Pollution
     Episode condition exists at one or more monitoring sites
     solely  because of emissions from a limited number of
     sources, he may order such source or  sources to put into
     effect  the  emission control action programs  which are
     applicable  for each episode stage.

(e)   Tables  for  emission reduction:
                           -32-

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                             TABLE 1.   EMISSION REDUCTION OBJECTIVES  FOR  PARTICULATE MATTER
             Source of
               Air
          Contamination
     Air Pollution
        Alert
    Air Pollution
       Warning
   Air Pollution
     Emergency
         l.Coal or Oil-
           fired electric
           power gener-
           ating facili-
           ties
CO
CO
a.Substantial reduction by
  utilization of fuels
  having lowest available
  ash content.
b.Maximum utilization of
  midday (12:00 Noon to
  4:00 p.m.) atmospheric
  turbulence for boiler
  lancing and soot blowing.
c.Substantial reduction by
  diverting electric power
  generation to facilities
  outside of Alert Area.
a.Maximum reduction by
  utilization of fuels
  having lowest  available
  ash content.

b.Maximum utilization of
  midday (12:00 Noon to
  4:00 p.m.) atmospheric
  turbulence for boiler
  lancing and soot blowing

c.Maximum reduction by
  diverting electric power
  generation to facilities
  outside of Warning Area.
a.Maximum reduction by
  utilization of fuels
  having lowest available
  ash content.

b.Maximum utilization of
  midday (12:00 Noon to
  4:00 p.m.) atmospheric
  turbulence for boiler
  lancing and soot blowing

c.Maximum reduction by
  diverting electric power
  generation to facilities
  outside of Emergency
  Area.
         2.Coal  or Oil-
           fired process
           steam gener-
           ating facili-
           ties.
a.Substantial  reduction by
  utilization  of fuels
  having lowest available
  ash content.
                           b.Maximum  utilization of
                            midday (12:00 Noon to
                            4:00 p.m.) atmospheric
                            turbulence for boiler
                            lancing  and soot blowing.
a.Maximum reduction by
  utilization of fuels
  having lowest available
  ash content.
                              b.Maximum  utilization of
                               midday (12:00 Noon to
                               4:00  p.m.) atmospheric
                               turbulence for boiler
                               lancing  and soot blowing.
a.Maximum reduction by re-
  ducing heat and steam
  demands to absolute
  necessities consistent
  with preventing equip-
  ment damage.

b.Maximum utilization of
  midday (12:00 Noon to
  4:00 p.m.) atmospheric
  turbulence for boiler
  lancing and soot blowing

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                     TABLE 1.  EMISSION REDUCTION OBJECTIVES  FOR PARTICULATE  MATTER (CONT).
            Source of
               Air
          Contamination
                      Air Pollution
                         Alert
                                 Air  Pollution
                                   Warning
                                  Air Pollution
                                    Emergency
         2.Coal or Oil-
           fired process
           steam gener-
           ating facili-
           ties
                  c.Reduction  of steam  load
                    demands  consistent  with
                    continuing plant  opera-
                    tions.
                             c.Reduction  of steam load
                               demands  consistent with
                               continuing plant  opera-
                               tions.

                             d.Making ready for  use  a
                               plan  of  action  to be
                               taken if an emergency
                               develops.
                             c.Taking the action called
                               for in the emergency
                               plan.
CO
-t»
3.Manufacturing,
  processing,
  and mining
  industries.

     OR

  Other persons
  required by
  the Department
  to prepare
  standby plans.
a.Substantial  reduction of
  air contaminants from
  manufacturing operations
  by curtailing, postponing
  or deferring production
  and allied operations.
                           b.Maximum reduction by de-
                             ferring trade waste dis-
                             posal operations  which
                             emit particles, gases,
                             vapors or malodorous sub-
                             stances.
a.Maximum reduction of air
  contaminants from manu-
  facturing operations by,
  if necessary, assuming
  reasonable economic hard-
  ship by postponing pro-
  duction and allied oper-
  ations.
                            b.Maximum  reduction by de-
                              ferring  trade waste dis-
                              posal  operations which
                              emit particles, gases,
                              vapors or malodorous sub-
                              stances.
a.Elimination of air con-
  taminants 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 con-
  taminants from trade
  waste disposal processes
  which emit particles,
  gases, vapors or malo-
  dorous substances.

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                     TABLE  1.  EMISSION REDUCTION OBJECTIVES FOR PARTICULATE MATTER (CONT).
            Source of
               Air
          Contamination
    Air Pollution
       Alert
     Air Pollution
        Warning
    Air Pollution
      Emergency
          3.Continued
c.Reduction of heat load
  demands for processing
  consistent with con-
  tinuing plant operations.
c.Reduction of heat load
  demands for processing
  consistent with con-
  tinuing plant operations,
c.Maximum reduction of
  heat load demands for
  processing.
         4.Refuse dispo-
           sal operations
CO
en
i
a.Maximum reduction by pre-
  vention of open burning.


b.Substantial reduction by
  limiting burning of re-
  fuse in incinerators to
  the hours between 12:00
  Noon and 4:00 p.m.
a.Maximum reduction by pre-
  vention of open burning.

b.Complete elimination of
  the use of incinerators.
a.Maximum reduction by
  prevention of open
  burning.
b.Complete elimination of
  the use of incinerators

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                       TABLE 2.  EMISSION REDUCTION OBJECTIVES FOR SULFUR OXIDES
             Source of
               Air
           Contamination
                        Air Pollution
                           Alert
                                  Air Pollution
                                     Warning
                                   Air Pollution
                                     Emergency
         l.Coal  or Oil-
           fired electric
           power gener-
           ating facili-
           ties.
                   a.Substantial  reduction  by
                     utilization  of fuels hav-
                     ing lowest available sul-
                     fur content.

                   b.Substantial  reduction  by
                     diverting electric  power
                     generation to facilities
                     outside of Alert Area.
                             a.Maximum reduction by
                               utilization of fuels hav-
                               ing lowest available sul-
                               fur content.

                             b.Maximum reduction by di-
                               verting electric power
                               generation to facilities
                               outside of Warning Area.
                             a.Maximum reduction by
                               utilization of fuels hav-
                               ing lowest available sul
                               fur content.
                             b.Maximum reduction by di-
                               verting electric power
                               generation to facilities
                               outside of Emergency
                               Area.
U>
CTI
2.Coal  or oil-
  fired process
  steam gener-
  ating facili-
  ties.
a.Substantial reduction by
  utilization of fuels
  having lowest available
  sulfur content.
                            b.Reduction of steam load
                             demands consistent with
                             continuing plant opera-
                             tions.
a.Maximum reduction by
  utilization of fuels hav-
  ing the lowest available
  sulfur.content.
                                                b.Reduction  of  steam  load
                                                  demands  consistent  with
                                                  continuing plant opera-
                                                  tions.

                                                c.Reduction  of  heat load
                                                  demands  for processing
                                                  consistent with contin-
                                                  uing  plant operations.
a.Maximum reduction by re-
  ducing heat and steam
  demands to absolute
  necessities consistent
  with preventing equip-
  ment damage.

b.Taking the action called
  for in the emergency
  plan.

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                      TABLE 2.  EMISSION REDUCTION OBJECTIVES FOR SULFUR OXIDES (CONT.)
             Source of
               Air
           Contamination
                       Air Pollution
                          Alert
                                   Air Pollution
                                      Warning
                                    Air Pollution
                                       Emergency
CO
-vl
3.Manufacturing
  and processing
  industries.

     OR

  Other persons
  required by
  the Depart-
  ment to pre-
  pare standby
  plans.
                           a.Substantial reduction of
                             air contaminants from
                             manufacturing operations
                             by curtailing, postponing
                             or deferring production
                             and allied operations.
b.Maximum reduction by de-
  ferring trade waste dis-
  posal operations which
  emit particles, gases,
  vapors or malodorous
  substances.

c.Reduction of heat load de-
  mands for processing con-
  sistent with continuing
  plant operations.
                             a.Maximum reduction of air
                               contaminants from manu-
                               facturing operations by,
                               if necessary, assuming
                               reasonable economic hard-
                               ship by postponing pro-
                               duction and allied opera-
                               tion.
b.Maximum reduction by de-
  ferring trade waste dis-
  posal operations which
  emit particles, gases,
  vapors or malodorous
  substances.

c.Reduction of heat load de
  mands for processing con-
  sistent with continuing
  plant operations.
a.Elimination of air con-
  taminants from manu-
  facturing 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 con-
  taminants from trade
  waste disposal process-
  es which emit particles,
  gases, vapors or mal-
  odorous substances.

c.Maximum reduction of
  heat load demands for
  processing.

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                       TABLE  3.   EMISSION  REDUCTION OBJECTIVES FOR NITROGEN OXIDES
            Source of
               Air
          Contamination
                       Air Pollution
                          Alert
                                    Air Pollution
                                       Warning
                                    Air Pollution
                                      Emergency
         1 .Steam-electric
           power gener-
           ating facili-
           ties.
                  a.Substantial  reduction  by
                    utilization  of fuel which
                    results  in the formation
                    of less  air  contaminant.


                  b.Substantial  reduction  by
                    diverting electric power
                    generation to  facilities
                    outside  of Alert  Area.
                             a.Maximum reduction by utili
                              zation of fuel  which re-
                              sults  in the formation of
                              less air contaminant.


                             b.Maximum reduction by di-
                              verting electric power
                              generation to facilities
                              outside of Warning Area.
                               a.Maximum reduction by
                                 diverting electric
                                 power generation to
                                 facilities outside of
                                 Emergency Area.
CO
00
2.Process steam
  generating
  facilities.
a.Substantial  reduction by
  utilization  of fuel  which
  results in the formation
  of less air  contaminant.
                           b.Reduction  of steam load
                             demands  consistent with
                             continuing plant opera-
                             tions.
a.Maximum reduction by
  utilization of fuel which
  results in the formation
  of less air contaminant.
                                              b.Reduction of steam  load
                                                demands consistent  with
                                                continuing  plant opera-
                                                tions.

                                              c.Making ready for use  a
                                                plan of action  to be
                                                taken if an emergency
                                                develops.
a.Maximum reduction by
  reducing heat and
  steam demands to ab-
  solute necessities
  consistent with pre-
  venting equipment
  damage.

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                    TABLE 3.  EMISSION REDUCTION OBJECTIVES FOR NITROGEN OXIDES (CONT.)
             Source of
               Air
         Contamination
      Air Pollution
         Alert
     Air Pollution
        Warning
     Air Pollution
       Emergency
         3.Manufacturing
          and  processing
          industries.

             OR

          Other persons
          required by the
          Department to
          prepare standby
          plans.
CO
IO
I
a.Substantial reduction of
  air contaminants from
  manufacturing operations
  by curtailing, postponing
  or deferring production
  and allied operations.
b.Maximum reduction by de-
  ferring trade waste dis-
  posal operations which
  emit particles, gases,
  vapors or malodorous
  substances.

c.Reduction of heat load
  demands for processing
  consistent with con-
  tinuing plant operations.
a.Maximum reduction of air
  contaminants from manu-
  facturing operation by,
  if necessary, assuming
  reasonable economic hard
  ship by postponing, pro-
  duction and allied opera
  tions.
b.Maximum reduction by de-
  ferring trade waste dis-
  posal operations which
  emit particles, gases,
  vapors or malodorous
  substances.

c.Reduction of heat load
  demands for processing
  consistent with con-
  tinuing plant operations
a.Elimination of air con-
  taminants from manu-
  facturing operations by
  ceasing, curtailing,
  postponing, or deferring
  production and allied
  operations to the ex-
  tent possible without
  causing injury to per-
  sons or damage to
  equipment.
b.Elimination of air con-
  taminants from waste
  disposal processes
  which emit particles,
  gases, vapors or mal-
  odorous substances.

clMaximum reduction of
  heat load demands for
  processing.

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                    TABLE 3.   EMISSION  REDUCTION OBJECTIVES FOR NITROGEN OXIDES (CONT.)
            Source of
               Air
          Contamination
       Air Pollution
           Alert
       Air Pollution
         " Warning
       Air Pollution
         Emergency
        4.Stationary
         internal  com-
         bustion engines.
o
I
        5.Refuse disposal
          operations.
a.Reduction of power demands
  for pumping consistent
  with continuing opera-
  tions.
a.Maximum reduction by pre-
  vention of open burning.

b.Substantial reduction by
  limiting burning of re-
  fuse in incinerators to
  the hours between 12:00
  Noon and 4:00 p.m.
a.Reduction of power demands
  for pumping consistent
  with continuing opera-
  tions.
b.Maximum reduction by
  utilization of fuels or
  power source which
  results in the formation
  of less air contaminants.

a.Maximum reduction by pre-
  vention of open burning.

b.Complete elimination of
  the use of incinerators.
a.Maximum reduction by
  reducing power demands
  to absolute necessities
  consistent with person-
  nel safety and preventing
  equipment damage.

b.Maximum reduction by
  utilization of fuels or
  power source which
  results in the formation
  of less air contaminants

a.Maximum reduction by pre-
  vention of open burning.

b.Complete elimination of
  the use of incinerators.

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                 TABLE 4.  EMISSION REDUCTION OBJECTIVES FOR HYDROCARBONS
     Source of
        Air
  Contamination
       Air Pollution
          Alert
       Air Pollution
          Warning
       Air Pollution
         Emergency
1.Petroleum
  products storage
  and distribu-
  tion.
2.Surface coating
  and preparation.
e.Manufacturing
  and processing
  industries.

       OR

  Other persons
  required by  the
  Department to
  prepare standby
  plans.
a.Substantial reduction of
  air contaminants by
  curtailing, postponing,
  or deferring transfer
  operations.
a.Substantial reduction of
  air contaminants by
  curtailing, postponing,
  or deferring transfer
  operations.
a.Substantial reduction of
  air contaminants from
  manufacturing operations
  by curtailing, postponing,
  or deferring production
  and allied operations.
a.Maximum reduction of air
  contaminants by assuming
  reasonable economic hard-
  ship by postponing
  transfer operations.
a.Maximum reduction of air
  contaminants by assuming
  reasonable economic hard-
  ship by postponing
  transfer operations.
a.Maximum reduction of air
  contaminants from manu-
  facturing operations by,
  if necessary,  assuming
  reasonable economic hard-
  ship by postponing,
  production and allied
  operations.
a.Elimination of air con-
  taminants by curtailing,
  postponing, or deferring
  transfer operations to
  the extent possible
  without causing damage
  to equipment.

a.Elimination of air con-
  taminants by curtailing,
  postponing, or deferring
  transfer operations to
  the extent possible
  without causing damage
  to equipment.
a.Elimination of air con-
  taminants from manu-
  facturing operations by
  ceasing, curtailing,
  postponing, or deferring
  production and allied
  operations to the extent
  possible without causing
  injury to persons or
  damage to equipment.

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                          TABLE 5.  EMISSION REDUCTION  OBJECTIVES  FOR  CARBON MONOXIDE
            Source of
               Air
         Contamination
                          Air  Pollution
                            Alert
                                    Air Pollution
                                       Warning
                                    Air Pollution
                                      Emergency
ro
i
        1.Manufacturing
          industries
               OR
          Other persons
          required by the
          Department to
          prepare standby
          plans.
2.Refuse disposal
  operations.
                   a.Substantial  reduction of
                     air contaminants  from
                     manufacturing  operations
                     by curtailing,  postponing,
                     or deferring production
                     and allied operations.
a.Maximum reduction by
  prevention of open
  burning.
                             a.Maximum reduction  of air
                              contaminants  from  manu-
                              facturing operations by,
                              if necessary,  assuming
                              reasonable economic  hard-
                              ship by postponing
                              production and allied
                              operations.
a.Maximum reduction by
  prevention of open
  burning.
a.Elimination of air con-
  taminants from manu-
  facturing operations
  by ceasing, curtailing,
  postponing or deferring
  production and allied
  operations to the extent
  possible without causing
  injury to persons or
  damage to equipment.

a.Maximum reduction by
  prevention of open
  burning.

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(2.0)      NR  154.21  Limitations  on  county,  regional, or local regulations.

          Nothing  in these  rules shall  be construed to limit the provisions of
          any county,  regional,  or  local ordinance, regulation, or resolution
          which  is more  stringent or  restrictive.

(2.0)      NR  154.22 Severability.

          Should any section,  paragraph, phrase,  sentence, or clause of this
          chapter  be declared  invalid or unconstitutional, the remainder of this
          chapter  shall  not be affected thereby.

                                        FOREWARD

          The board of the  department of Natural  Resources adopted ambient air
          quality  standards for the Southeast Wisconsin Air  Region on July 9,
          1970.  The proposed  revision of  those air standards is necessary to be
          consistent with national  ambient  air standards  adopted April 30, 1971.
          The proposed air  standards  will  be applied  throughout the State.

          Air standards  are definitions of  the characteristics of ambient  air
          quality  which  in  terms of present day knowledge, need to be maintained
          in  order to protect  the public health and welfare  and our environment
          from adverse effects of air pollution.

          The purpose of air standards should be viewed as goals or objectives
          to  be achieved by these and other rules of  the  Department, by  regional
          implementation plans, and by enforcement programs  of both state  and
          local  governments as population,  industrial  activity, and land  use
          changes.

          The standards  are meaningful for pollution  control  when applied  to
          achieve  and maintain desired air quality as expressed by  the  standards.

          Because  of variation in population, transportation and  industrial
          densities, in addition to variation in terrain  and meteorology,  equal
          air quality may not be achieved  throughout  a region or  area.

          These standards conform to national ambient air quality  standards.
          They are subject to review as knowledge of  the  effects  of  air pollution
          on  health, plant and animal life, property, visibility,  and  our
          environment increases.

          These standards are promulgated  pursuant to chapter 144,  Wis.  Stats.,
          which directs the department of Natural Resources  to  undertake a
          comprehensive program to manage and protect the state's  air  resources.
          These rules are one part of that program.
                                              -43-

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(1.0)      NR  155.01  Definitions.

          1.  Air  region:
             An area designated  pursuant to federal or Wisconsin laws in which
             a program  to maintain or achieve air standards is implemented on a
             regional basis.

          2.  Air  standard or  ambient air quality standard:

             The  definition of levels or air quality which are necessary to
             protect public health and welfare.

                    (a)   Primary  air standard:  The level of air quality which
                         provides protection for public health with an adequate
                         margin of safety.

                    (b)   Secondary air standard:  The level of air quality which
                         may be necessary to protect public welfare from antici-
                         pated adverse effects.

          3.  Ambient air:

             The  portion of the  atmosphere external to buildings and to which
             the  general public  has access.

          4.  Implementation plan:

             A plan adopted to implement, maintain and enforce air standards
             within an  air region, or portion thereof.

          5.  Standard conditions:

             A temperature of 25° centigrade and a pressure of 760 millimeters of
             mercury.

          6.  Reference  methods:

             The  method of choice for sampling and analyzing for an air
             contaminant.

          7.  Equivalent method:

             Any  method of sampling and analyzing  for an air contaminant which
             has  a consistent relationship to the  reference method.

 2.0      NR  155.02 Applicability of air standards.

          1.  Scope:

             The  air  standards apply  to the entire state without exception.
                                              -44-

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2.   Air regions:

    The air standards apply in the following regions:

          (a)  Interstate air quality control  regions:

               1.  Duluth (Minnesota) - Superior (Wisconsin)  Interstate
                   Air Quality Control Region including the counties
                   of Ashland, Bayfield, Burnett,  Douglas,  Iron,
                   Price, Rusk, Sawyer, Taylor, and Washburn  in Wisconsin,
                   and the counties of Aitkin, Carl ton, Cook, Itasca,
                   Koochicing, Lake and St.  Louis  in Minnesota.

               2.  Southeast Minnesota - La Crosse (Wisconsin) Inter-
                   state Air Quality Control Region including the counties
                   of Barren, Buffalo, Chippewa, Clark, Crawford, Dunn,
                   Eau Claire, Jackson, La Crosse, Monroe,  Pepin,
                   Pierce, Polk, St. Croix, Trempealeu, and Vernon in
                   Wisconsin, and the counties of Blue Earth, Brown,
                   Dodge, Farlbault, Fillmore, Freeborn, Goodhue,
                   Houston, Le Sueur, Martin, Mower, Nicollet,
                   Olmsted, Rice, Sibley, Steele,  Wabasha,  Waseca,
                   Watonwan, and Winona in Minnesota.

               3.  Metropolitan Dubuque Interstate Air Quality Control
                   Region including Grant County in Wisconsin and
                   Clayton, Dubuque, and Jackson counties in Iowa.

               4.  Rockford (Illinois) - Janesville-Beloit (Wisconsin)
                   Interstate Air Quality Control   Region including Rock
                   County in Wisconsin, and Boone, DeKalb,  Ogle,
                   Stephenson, and Winnebago counties  in Illinois.

           (b)  Intrastate air quality control regions:

               1.  Lake Michigan  Intrastate Air Quality Control Region,
                   consisting of  the counties of Brown, Calumet, Door,
                   Fond du Lac, Green Lake, Kewaunee,  Manitowoc,
                   Marinette, Marquette, Menominee, Oconto, Outagamie,
                   Shawano, Sheboygan, Waupaca, Waushara, and Winnebago.
                   For purposes of applying rules  and  regulations the
                   Lake Michigan  Air  Region will be divided  into two
                   subregions.  Winnebago, Outagamie and Brown Counties
                   will constitute subregion  1.  Calumet, Door, Fond du
                   Lac, Green Lake,  Kewaunee, Manitowoc, Marinette,
                   Marquette, Menominee, Oconto, Shawano, Sheboygan,
                   Waupaca, and Waushara Counties  will constitute sub-
                   region 2.

               2.  Southeastern Wisconsin Intrastate Air Quality Control
                                     -45-

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                            Region consisting of the counties of Kenosha,
                            Milwaukee, Ozaukee, Racine, Walworth, Washington and
                            Waukesha.
                        3.   Southern Wisconsin Intrastate Air Quality Control
                            Region consisting of the counties of Columbia, Dane,
                            Dodge, Green,  Iowa, Jefferson, Lafayette, Rich!and
                            and  Sauk.
                        4.   North Central  Wisconsin Intrastate Air Quality
                            Control Region consisting of the counties of Adams,
                            Forest, Florence, Juneau, Langlade, Lincoln,
                            Marathon, Oneida, Portage, Vilas and Wood.
(4.0)     NR  155.03 Air  Standards
         1.   Sulfur  oxides:
                   (a)   Primary  standards:
                        1.   80 micrograms  per cubic meter (.03 ppm)  - annual
                            arithmetic mean.
                        2.   365  micrograms per cubic meter (.14 ppm) - maximum
                            24-hour concentration  not to be exceeded more than
                            once per year.
                   (b)   Secondary standards:
                        1.   60 micrograms  per cubic meter (.02 ppm)  - annual
                            arithmetic mean.
                        2.   260  micrograms per cubic meter (0.1 ppm) - maximum
                            24-hour concentration  not to be exceeded more than
                            once per year.
                        3.   1300 micrograms per cubic meter (0.5 ppm) -  maximum
                            3-hour concentration not to be exceeded  more than
                            once per year.
         2.   Suspended  particulate matter:
                   (a)   Primary  Standards
                        1.   75 micrograms  per cubic meter - annual  geometric mean.
                        2.   260  micrograms per cubic meter - maximum 24-hour
                            concentration  not to be exceeded more  than once  per
                            year.
                                             -46-

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                  (b)  Secondary standards:

                       1.  60 micrograms per cubic meter - annual geometric mean.

                       2.  150 micrograms per cubic meter - maximum 24-hour
                           concentration not to be exceeded more than once per
                           year.

        3.  Carbon Monoxide:  Primary and secondary standards

                  (a)  10 milligrams per cubic meter (9 ppm) - maximum 8-hour
                       concentration not to be exceeded more than once per year.

                  (b)  40 milligrams per cubic meter (35 ppm) - maximum 1-hour
                       concentration not to be exceeded more than once per
                       year.

        4.  Photochemical oxidants:  Primary and secondary standards.

            160 micrograms per cubic meter  (.08 ppm) - maximum 1-hour concentra-
            tion  not  to  be exceeded more than once per year.

        5.  Hydrocarbons:  Primary and  secondary standards.

            160 micrograms per cubic meter  (.24 ppm) measured and corrected for
            methane - maximum 3-hour concentration (6 to 9 am) not to be exceeded
            more  than once per year.

        6.  Nitrogen  dioxide:  Primary  and  secondary standards.

            100 micrograms per cubic meter  (.05 ppm) - annual arithmetic mean.

(9.0)    NR  155.04 Measurement of air quality.

        1.  Reference methods:

            The following  shall  be  used as  reference methods when measuring air
            quality:   Sulfur Dioxide  (Pararosaniline Analysis),  Suspended
            Particulate  (High Volume Sampler),  Carbon Monoxide  (Nondispersive
             Infrared  Spectrometry), Photochemical Oxidants  (Gas  Phase Chemi-
             luminescence corrected  for  interferences due  to  nitrogen oxide and
             sulfur  dioxide), Hydrocarbons  (Flame  lonization  corrected for
            methane), Nitrogen  Dioxide  (Jacobs  -  Hochheiser).

        2.   Equivalent methods:   The following  shall be considered as
             equavalent to  reference methods for the  purpose  of  air quality
            measurement:  Sulfur Dioxide -  Gas  Chromatographic  Separation,
             Flame Photometric  Detection (provided Teflon  is  used throughout  the
             instrument system in parts  exposed  to the air stream),  Flame
             Photometric  Detection (provided interfering  sulfur  compounds
             present in significant  quantities  are removed),  Coulometric  Detection
             (provided oxidizing  and  reducing interferences  such  as Og,  N02>  and


                                             .-47-

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             H2S  are  removed),  the  automated Pararosaniline Analysis; Suspended
             Particulate  -  Tape Sampler; Carbon Monoxide - Gas Chromatographic
             Separation,  Catalytic  Conversion  Flame  lonization Detection;
             Photochemical  Oxidants -  Potassium Iodide Colorimetric Detection
             (provided  a  correction is made for SC>2  and N02), UV Photometric
             Detection  of Ozone (provided  compensation is made for interfering
             substances), Chemiluminesence Analysis  differing from that of the
             reference  method;  all  pollutants  - other procedures approved by the
             department.

(2.0)    NR 155.05  Interpretation of air quality  data with respect to air
                   standards.

         1.   The  department shall,  for implementation purposes, take into account
             levels and variations  in  natural  background levels of contaminants,
             the  quality  of air entering a region, abnormal local short-term
             activities and the numbers and types of persons and property
             affected.

(2.0)    NR 155.06  Guidelines  for application  of  air standards.

         1.   In all air regions: No local programs  may grant variances or
             construction or operating permits in conflict with the implementa-
             tion plan  for  that region.

         2.   In all air regions: Any  person may  be  required to reduce his
             emissions  below limits established in an implementation plan or by
             air  pollution  control  rules where his emissions cause or substantially
             contribute to  exceeding an air standard in a  localized area.   In
             this case, appropriate special orders,  which  are not general in
             application, may  be issued.

         3.   Fuels  and  raw  materials:  The department may  prescribe character-
             istics of  fuels and raw material  for existing and  planned facilities.

         4.   Existing air quality:   Where  air  quality  is  better than secondary
             standards, the department shall  review  plans  for all new sources
             which  have the potential  to degrade  significantly  existing  local
             or regional  air quality.  If  the  department  determines that
             significant  degradation of  air quality  will  result, the department
             shall  hold a hearing  in the affected area  to  assess the public
             attitude on  permitting such a source.

(2.0)    NR 155.07  Severability.

         1.  Should any section, paragraph, phrase,  sentence,  or clause  of  this
             chapter  be declared invalid or  unconstitutional  for any reason,  the
             remainder  of this chapter shall  not  be  affected  thereby.
                                             .-48-

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FEDERALLY PROMULGATED



    REGULATIONS
          -49-

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(14.0)    § 52.2573 General requirements.

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

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

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

                        4.  Emission data obtained from owners or operators of
                            stationary sources will be correlated with applicable
                            emission limitations and other control measures that
                            are part of the applicable plan  and will be available
                            at the appropriate  regional office and at other
                            locations in  the state designated by  the Regional
                            Administrator.
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(6.0)     §  52.2578  Compliance  schedules.

                   (c)   Federal  compliance  schedules.
                        1.   Except  as  provided  in  subparagraph  (3) of this para-
                            graph,  the owner  or operator of any stationary
                            source  in  the  Southeast Wisconsin AQCR subject to
                            the  following  emission limiting regulation  in the
                            Wisconsin  implementation  plan  shall comply  with  the
                            applicable compliance  schedule in subparagraph (2)
                            of this paragraph:   Wisconsin  Air Pollution Control
                            Regulation NR  154.13.

                        2.   (i)  Compliance schedules.   The owner  or  operator of
                            any  stationary source  in  the Southeast Wisconsin
                            AQCR subject to NR  154.13 shall notify the  Adminis-
                            trator  no  later than October 1, 1973, of his  intent
                            either  to  install necessary control systems per
                            Wisconsin  Air  Pollution  Control Regulation  NR
                            154.13(2)  or to switch to an exempt solvent per
                            Wisconsin  Air  Pollution  Control Regulation  NR
                            154.13(3)  to comply with  the requirements of  Wisconsin
                            Air Pollution  Control  Regulation NR 154.13.

                            (ii) Any owner or operator of  a stationary  source
                            subject to subparagraph  (c) (2)  (i) of  this paragraph
                            who elects to  comply with the  requirements  of NR
                            154.13  by  installing a control system shall take the
                            following  actions with respect to  the source  no
                            later than the specified dates.

                            (a)   November  1,  1973  -  Advertise  for bids  for pur-
                                 chase and/or construction of  control  system or
                                 purchase  of  requisite material for process
                                 modification sufficient  to  control  hydrocarbon
                                 emissions from the  source.

                            (b)  December 15, 1973 - Award contracts or issued
                                 order for purchase  and/or construction of control
                                 system or purchase  of requisite  material for
                                 process modification sufficient  to control
                                 hydrocarbon  emissions from the source.

                            (c)  April 15, 1974 -  Initiate onsite construction
                                 or installation of  control  system  or process
                                 modification.

                            (d)  November 1,  1974  -  Complete  onsite construction
                                 or installation of control  system  or process
                                 modification.
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(e)  January 1, 1975 - Achieve final  compliance
     with Wisconsin Air Pollution Control  Regu-
     lation NR 154.13.

(iii) Any owner or operator of a stationary source
subject to paragraph (c) (2) (i) of this section,
who elects to comply with the requirements of
Wisconsin Air Pollution Control Regulation NR
154.13 by switching to an exempt solvent,  shall
take the following actions with respect to the
source no later than the dates specified.

(a)  April 1, 1974 - Begin testing exempt solvents.

(b)  June 1, 1974 - Issue purchase orders for
     exempt solvents.

(c)  December 1, 1974 - Convert to complete use of
     exempt solvent.

(d)  January 1, 1975 - Achieve full compliance with
     Wisconsin Air Pollution Control  Regulation
     NR 154.13

(iv) Any owner or operator subject to a compliance
schedule above shall certify to the Administrator,
within five days after the deadline for each incre-
ment of progress in that schedule, whether or not
the increment has been met.

(i) None of the above subparagraphs shall  apply
to a source which is presently in compliance with
applicable regulations 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 certi-
fication.

(ii) Any compliance schedule adopted by the State
and approved by the Administrator shall satisfy the
requirements of this paragraph for 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 pro-
posed 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
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    by the Administrator, such schedule shall  satisfy
    the requirements of this paragraph for the affected
    source.

4.  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 subparagraph (2) of this
    paragraph fails to satisfy the requirements of
    § 51.15 (b) and (c) of this chapter.
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(10.0)   52.2579    Review of New or Modified  Indirect  Sources

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

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

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

                              (a)  Highways and roads.

                              (b)  Parking facilities.

                              (c)  Retail, commercial  and industrial facilities.

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

                              (e)  Airports.

                              (f)  Office and Government buildings.

                              (g)  Apartment and condominium buildings.

                              (h)  Education facilities.

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

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

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

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

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

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

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

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

     (i)     In  an SMSA:

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

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

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

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

     (ii)    Outside an  SMSA:

             (a)   Any new parking  facility,  or other  new indirect
                  source with  an associated  parking  area, which  has
                  a  parking capacity of 2,000  cars  or more;   or
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        (b)  Any modified parking facility,  or any modification
             of an associated parking area,  which increases  park-
             ing capacity by 1,000 cars  or more.

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

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

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

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

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

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

        (a)  The name and address of the applicant.

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

        (c)  A description of the proposed use of the site,  in-
             cluding the normal hours of operation of the facil-
             ity, and the general types  of activities to be  op-
             erated therein.
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        (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to and from the site and its associated
            parking areas, and the location and height of
            buildings on the site.

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

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

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

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

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

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

        (c)   Expected passenger loadings at the airport.

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

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     (iii)    For highway  projects:

             (a)  A  description  of  the  average  and maximum  traffic
                  volumes  for  one,  eight,  and 24-hour  time  periods
                  expected within 10 years  of date of  expected  comple-
                  tion.

             (b)  An estimate  of vehicle speeds  for  average and maxi-
                  mum traffic  volume conditions  and  the  vehicle capac-
                  ity of  the highway project.

             (c)  A  map showing  the location of the  highway project,
                  including the  location of buildings  along the right-
                  of-way.

             (d)  A  description  of  the  general  features  of  the  high-
                  way project  and associated right-of-way,  including
                  the approximate height of buildings  adjacent  to the
                  highway.

             (e)  Any additional information or documentation that  the
                  Administrator  deems necessary to determine the air
                  quality impact of the indirect source, including  the
                  submission of  measured air quality data at the pro-
                  posed site prior  to construction or  modification.

     (iv)     For indirect sources other than airports  and those high-
             way projects  subject to the provisions  of paragraph (b)
             (6) (iii) of this section, the air quality  monitoring  re-
             quirements of paragraph  (b) (3) (i) (i) of  this section
             shall be limited  to carbon monoxide, and  shall be  con-
             ducted  for a period of not more than 14 days.

(4)  (i)      For indirect sources other than highway projects and air-
             ports,  the Administrator shall not approve  an  application
             to construct or modify if  he  determines that the indirect
             source  will:

             (a)  Cause a violation of  the control strategy of  any
                  applicable state  implementation plan;   or

             (b)  Cause or exacerbate a violation of the national stan-
                  dards for carbon  monoxide in  any region or portion
                  thereof.

     (ii)     The Administrator shall  make  the  determination pursuant
             to paragraph (b)  (4)  (i)  (b)  of this section by evaluat-
             ing the anticipated concentration  of carbon monoxide at
             reasonable receptor or exposure sites which will be af-
             fected  by the mobile  source activity expected  to be at-
             tracted by the  indirect  source.   Such determination may
             be made by using  traffic  flow characteristic guidelines
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             published  by  the  Environmental  Protection Agency which
             relate  traffic  demand  and capacity considerations  to am-
             bient carbon  monoxide  impact,  by  use of appropriate at-
             mospheric  diffusion  models  (examples of which  are  refer-
             enced in Appendix 0  to Part 51  of this chapter), and/or
             by  any  other  reliable  analytic method.  The  applicant
             may (but need not) submit with his application, the re-
             sults of an appropriate diffusion model and/or any other
             reliable analytic method, along with the  technical data
             and information supporting  such results.  Any  such results
             and supporting  data  submitted  by  the applicant shall be
             considered by the Administrator in making his  determina-
             tion pursuant to paragraph  (b) (4)  (i)  (b) of  this sec-
             tion.

(5)   (i)      For airports  subject to this paragraph, the  Administrator
             shall base his  decision on  the approval or disapproval  of
             an  application  on the considerations to be published as
             an  Appendix to  this  Part.

     (ii)    For highway projects and parking  facilities  specified
             under paragraph (b)  (2) of this section which  are  assoc-
             iated with airports, the requirements  and procedures
             specified  in  paragraphs (b) (4) and  (6)  (i)  and  (ii) of
             this section  shall be met.
                             9
(6)   (i)      For all highw   'rejects subject  to  this  paragraph,  the
             Administrator   jill  not approve an  application to  con-
             struct  or modify" if he determines that the indirect  source
             will:

             (a)  Cause a violation of the control  strategy of any  ap-
                  plicable state implementation  plan;   or

             (b)  Cause or exacerbate a violation of the national  stan-
                  dards for carbon monoxide in any region or portion
                  thereof.

     (ii)    The determination pursuant to paragraph (b)  (6)  (i)  (b)
             of this section shall be made by evaluating the anticipa-
             ted concentration of carbon monoxide at reasonable  re-
             ceptor or exposure sites which will  be affected by the
             mobile source activity expected on the highway for the ten
             year period following the expected date of completion ac-
             cording to the procedures specified in paragraph  (b) (4)
             (ii) of this section.

     (iii)   For new highway  projects subject to this paragraph with
             an anticipated average daily traffic volume of 50,000 or
             more vehicles within ten years of construction, or mod-
             ifications to highway  projects subject to this paragraph
             which will increase average daily traffic volume  by 25,000
                             -59-

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

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

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

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

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

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

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

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and agencies having cognizance over the location where
             the indirect source will be  situated, as follows:   State
             and local air pollution  control agencies, the chief exec-
             utive of the city and county;  any comprehensive  regional
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            land use planning agency;  and for highways, any local
            board or conmittee charged with responsibility for activ-
            ities in the conduct of the urban transportation planning
            process (3-C process) pursuant to 23 U.S.C. 134.

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

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

     (vi)    The Administrator may extend each of the time periods
            specified  in paragraphs  (b)  (8) (ii),  (iv), or  (v) of
            this section by no more than 30 days, or such other peri-
            od as agreed to by the applicant and the Administrator.

(9)   (i)     Whenever an indirect source  as proposed  by an owner or
            operator's application would not be permitted to be con-
            structed for failure to meet the tests set forth pursuant
            to paragraphs  (b)  (4)  (i),  (b) (5)  (i),  or  (b)  (6)  (i)
            and  (iii)  of this section,  the Administrator may impose
            reasonable conditions on an  approval related to  the air
            quality aspects of the proposed indirect source  so  that
            such source, if constructed  or modified  in accordance
            with such  conditions,  could  meet the tests set  forth
            pursuant to paragraphs  (b)  (4) (i),  (b)  (5)  (i), or (b)
             (6)  (i) and  (iii) of this  section.  Such conditions may
             include, but not  be limited  to:

             (a)  Binding commitments to  roadway improvements or ad-
                 ditional  mass  transit facilities  to serve  the  in-
                 direct source  secured by the  owner  or operator from
                  governmental  agencies  having  jurisdiction  thereof;

             (b)   Binding commitments by  the owner  or operator  to
                 specific  programs  for mass transit  incentives  for
                 employees  and  patrons  of the  source;   and
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              (c)   Binding  commitments  by  the  owner or operator to  con-
                   struct,  modify,  or operate  the  indirect  source in
                   such  a manner as may be necessary to achieve the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant to  paragraph
                   (b)  (4)  (11) of  this section.

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

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

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

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

(13)   Approval to  construct or modify shall not  relieve any owner or
      operator of  the responsibility to comply with the control strategy
      and all local, State  and Federal  regulations which are  part of  the
      applicable State implementation plan.
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(14)   Where the Administrator delegates the responsibility for imple-
      menting the procedures for conducting indirect source review pur-
      suant to this paragraph to any agency, other than a regional  of-
      fice of the Environmental  Protection Agency, the following pro-
      visions shall apply:

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)
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(17.0)   52.2581   Prevention of Significant Deterioration

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

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

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

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

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

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

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

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

           (c)  Area designation and deterioration increment

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

             	Area Designations	

                  Pollutant                      Class  I       Class  II
                                                 (ug/m3)       (ug/m3)
             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" pa'rticulate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

(v)     Nothing in this section is  intended to convey  authority
        to the States  over Indian Reservations where States  have
        not  assumed such  authority  under other laws nor is it
        intended to deny jurisdiction  which States have assumed
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        under other  laws.  Where  a  State  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 (1i)  and (iii)  of this
             subparagraph have  not  been complied with, (2)   that
             the State  has arbitrarily  and  capriciously disre-
             garded  relevant considerations set forth in  sub-
             paragraph  (3) (ii) (d) of this paragraph, or (3)
             that the State  has not requested and received  dele-
             gation  of responsibility  for carrying out the  new
             source  review requirements of paragraphs (d)  and (e)
             of this section.

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

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

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

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

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

(d)   Review of new sources

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

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

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

(3)  In making the  determinations required by paragraph (d) (2) of this
     section, the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site  information, plans, description, specifications, and drawings
     showing the design of the source;  information necessary to de-
     termine the  impact that the construction or modification will have
     on sulfur dioxide and particulate matter air quality levels;  anJ
     any other  information necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the owner or operator of the source shall provide informa-
     tion  on the nature and extent of general commercial, residential,
     industrial,  and other growth which has occurred  in the area af-
     fected by  the  source's emissions  (such area to be specified by  the
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         Administrator) since January 1, 1975.

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

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

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

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

(e)   Procedures  for public participation

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

          (ii)   Within  30  days after receipt of  a  complete application,
                  the  Administrator shall:
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        (a)   Make a  preliminary  determination  whether the  source
             should  be  approved, approved  with conditions,  or  dis-
             approved.

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

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

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

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

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

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

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

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

(f)   Delegation of authority

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

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

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

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

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

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