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.
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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.)
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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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.
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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-
-------
(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:
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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
-------
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.
-------
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
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
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.
-------
(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.
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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.
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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
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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.
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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
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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.
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FEDERALLY PROMULGATED
REGULATIONS
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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
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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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