U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 299
Air Pollution Regulations in State
Implementation Plans: Wyoming
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-100
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Wyoming
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U S DEPARTMENT OF COMMERCE
' ' SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Inunctions on the reverse before completing)
I. REPORT NO. -\
CPA-450/3-78-100
•j. ri ILL ANU sum n LI.
2.
Air Pollution Regulations in State Implementation i
Plans: Wyoming
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division, of Abcor, Inc.
Wilmington, Mass.
'i. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3. RECIPIENT'S ACCESSIOr+NO.
l>. REPOHI DATE
1978
6. PERFORMING ORGANIZATION CODE
n. rirnroMMiNci ORGANISATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air duality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution .
Federal Regulations
Pollution
State .Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS c. COSATI Held/Group
19. SECURITY CLASS (This Report/
Unclassified
20. SECURITY CLASS (This page)
Unclassified
21.
22. PRICE
E p£,
EPA Form 2220-1 (9-73)
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EPA-450/3-78-100
Air Pollution Regulations
in State Implementation Plans
Wyoming
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
i
i ('{-
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.'I'llin rupwrl is issued by the Environmental Protection Agency to
report air1 pollution regulations of interest to a limited number oi
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-450/3-78-100
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 1-977 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.
i •
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF
ERA-APPROVED REGULATION CHANGES
WYOMING
Submittal Date
4/18/73
8/7/74
Approval Date
10/23/73
6/2/75
Description
Chap. I, Sec. 1 - 20
(Entire Regs,)
Chap. I, Sec. 1 - 21
(Entire Regs.)
FEDERAL REGULATIONS
Section Number
52.2623
52.2630
Description
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT ERA-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
le.o 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'r SPECIFIC REGULATIONS
50.1 .PARTICULATES
.; 50,T.I 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,
R1ce 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 NO^-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 ^ULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 -MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
(2.0)
(1.0)
(50.1)
(50.2)
(50.2)
(50.2)
(50.2)
(50.7)
.(50,4)
(50.3)
(50.7)
(50.5)
(51.13)
(50.1)
(51.20)
(50.6) .
(12.0)
(2.0)
. (7:0)
(8.0)
(3.0)
STATE
Section Number
Chapter I 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
REGULATIONS
Title
Introduction
Definitions
Particulates
Sulfur Oxides
Sulfuric Acid Mist
Sulfation
Hydrogen Sulfide
Photochemical Oxidants
Hydrocarbons
Nitrogen Oxides
Fluorides
Carbon Monoxide
Open Burning Restrictions
Control of Particulate Emissions
Wood Waste Burners
Odors
Motor Vehicle Pollution Control
Diluting and Concealing Emissions
Abnormal Conditions and Equipment
Malfunction
Air Pollution Emergency Episodes
Permit Requirements for Construc-
Page
1
1
4
5
5
6
6
6
6
7
8
9
9
10
14
14
15
16
16
16
18
tion, Modification and Operation
VIII
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Revised Standard
Subject Index
(15.0) '
(1.0)
(16.0)
(3.0)
(2.0)
(2.0)
(2.0)
(2.0)
(16.0)
(16.0)
(16.0)
(2.0)
(2.0)
(16.0)
(16.0)
(2.0)
(2.0)
(2.0)
(2.0)
Section Number
Chapter II 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Title
Authority
Definitions
Initiation of Proceedings
Petition Required
Liberal Construction
Service of Notice
Docket
Default in Answering or
Appealing
Pre-Hearing Conference
Hearing
Order of Procedure at Hearing
Applicability of the Rules of
Civil Procedure
Attorneys
Attorney General to Assist at
Hearings
Reporting Testimony and
Compensation of Reporter
Decisions, Findings of Fact,
Conclusions of Law, Orders
Appeals to District Court
Transcript in Case of Appeal
Rules Not Applicable to
Page
24
24
24
25
25
25
25
26
26
26
26
27
28
28
28
28
28
28
29
Investigations
(2.0) 20 Amendment of Rules 29
IX
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FEDERALLY PROMULGATED REGULATIONS
Revised Standard
Subject Index Section Number Title Page
(10.0) 52.2623 Review of New or Modified 31
Indirect Sources
(17.0) 52.2630 Prevention of Significant 41
Deterioration
x
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CHAPTER I
(2.0) Section 1. . .Introduction.
In accordance with Chapter 9.1, Articles 1-11, Wyoming Statutes, 1973
Cumulative Supplement, the following Air Quality Standards and Regulations
are hereby promulgated by the Wyoming Environmental Quality Council.
(1.0) Section 2. Definitions.
a. The definitions contained in Section 35--502.3, Wyoming Environmental
Quality Act shall be applicable, where appropriate. The following
terms are used in these standards and regulations shall, unless the
context otherwise requires, have the following meanings:
(1) "Administrator" means Administrator of the Division of Air
Quality, Wyoming Department of Environmental Quality.
(2) "Air contaminant" shall mean dust, fumes, mist, smoke, other
particulate matter, vapor, gas or any combination of the fore-
going, but shall not include steam or water vapor.
(3) "Air pollution" shall mean the presence in the outdoor atmos-
phere of one or more air contaminants in such quantities and
duration as is materially injurious to human health or welfare,
animal or plant life or property, or unreasonably interferes
with the enjoyment of life or property.
(4) "Animal matter" shall mean any product or derivative of
animal life.'
(5) "Board" shall mean the Air Quality Advisory Board.
(6) "Control equipment" shall mean any device, contrivance, or
system which prevents or reduces emissions.
(7) "Control officer" shall mean the Director of the State Depart-
ment of Environmental Quality, or the Administrator of the Air
Quality Division, or any employee of the Division designated by
the Administrator, or any local health officer or employee
designated by the Administrator.
(8) "Council" shall mean the Environmental Quality Council.
(9) "Department" shall mean the Wyoming State Department of
Environmental Quality.
(10) "Director" shall mean the Director of the Wyoming Department
of Environmental Quality.
(11) "Division" shall mean the Air Quality Division, Wyoming Depart-
ment of Environmental Quality.
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(12) "Emission" shall mean a release into the outdoor atmosphere
of air contaminants.
(13) "Equivalent method" shall mean any procedure, practice, policy,
system or device which can be demonstrated to produce a result
adequate for the purpose required in these regulations and
consistent with specified reference methods.
(14) "Existing equipment" shall mean equipment installed prior to
the effective date of these regulations.
(15) "Existing source" means any stationary source other than a
new source.
(16) "Facility" shall mean any property, real or personal, which may
incorporate one or more sources of air pollution and shall
include but not be limited to processing plants, manufacturing
plants, power generator plants, refining plants, mining opera-
tions, lumber mills, ore processing plants, construction
material processing operation, etc.
(17) "Fuel burning equipment" shall mean any furnace, boiler appara-
tus, stack, or appurtenances thereto used in the process of
burning fuel or other combustible material for the purpose of
producing heat or power by indirect heat transfer.
(18) "Incinerator" shall mean any equipment, device or contrivance
used for the destruction of garbage, rubbish or other wastes by
burning, but not wood wastes burned in devices commonly called
teepee burners, silos, truncated cones, wigwam burners and
other such burners used commonly by the wood products industry.
(19) "Initial start-up" shall mean that point in time when a source
or group of sources actually begins operation for the purpose
of generating goods or services as an end product or as an inter-
imediate product. Start-up of a source to check functional
operation of the "machinery" shall not be construed as initial
.start-up.
(20) "Installation" shall mean any property, real or personal, includ-
ing but not limited to processing equipment, manufacturing equip-
ment, fuel burning equipment, incinerators, or any other equip-
ment or construction, capable of creating or causing emissions.
(21) "Maximum design production rate" shall mean the maximum produc-
tion rate at which a source is designed for continuous or batch
operation and for which the permit is applied.
(22) "Modification" shall mean any physical change in, or change in
method of operation of, an affected facility which increases the
amount of any air pollutant (to which any state standard applies)
• emitted by any such facility or which results in the emission of
any such air pollutant not previously emitted.
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(23) "Motor vehicle" shall mean those vehicles carrying people or
goods on public streets or highways.
(24) "Multiple chamber incinerator" shall mean any article, machine,
equipment, contrivance, structure or part of a structure used
to dispose of combustible refuse by burning, consisting of two
or more combustion furnaces in series physically separated by
walls, interconnected by gas passage ports or ducts and employ-
• ing adequate parameters necessary for maximum combustion of the
material to be burned.
(25) "New equipment" shall mean:
(a) Any equipment, installation, construction, article,
machine or contrivance ordered, constructed or installed
after the effective date of this regulation;
(b) Any equipment replaced or altered or processes changed
in such a manner after the effective date of this
regulation as to have an effect of increasing the pro-
duction of air contaminants;
lc) Any equipment moved after the effective date of this
regulation to another premise involving a change of
address when said move will cause or would be expected to
cause an increase in the production of air contaminants;
(d) Any equipment purchased and to be operated after the
effective date of this regulation by a new owner or
when a new lessee desires to operate such equipment.
(26) "New source" shall mean any stationary source, the construction
or modification of which is commenced after the effective date
of regulations prescribing a standard of performance applicable
to such source.
(27) "Odor" shall mean that property of an emission which stimulates
the sense of smell.
(28) "Open burning" shall mean a fire where any material is burned
in the open or in a receptacle other than a furnace, incinera-
tor, or other equipment connected to a stack or chimney.
(29) "Particulate matter" shall mean any material, except water in
uncombined form that is or has been airborne, and exists as a
liquid or a solid at standard conditions.
(30) "Person" means any individual, partnership, firm, association,
municipality, public or private corporation, sub-division or
agency of the state, trust, estate or any other legal entity.
(31) "Premises" shall mean any property, piece of land or real
estate or building.
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(32) ."Process weight" shall mean the total weight of all materials
...introduced into any specific process which may cause emissions.
Solid fuels changed will be considered as part of the process
weight but liquids and gaseous fuels, combustion air, and
water will not. However, water included as part of the normal
charge to a beet pulp dryer process shall be considered as part
of the process weight.
(33) "Reduction" shall mean any heated process, including rendering,
cooking, drying, dehydrating, digesting, evaporating, and pro-
tein concentrating.
(34) "Salvage operation" shall mean any operation conducted in whole
or in part for the salvaging or reclaiming of any product or
material.
(35) "Source" shall mean any property, real or personal, or person
contributing to air pollution.
(3(j) "Stack or chimney" shall mean any flue, conduit or duct arranged
• to conduct emissions.
(37) "Standard conditions" shall mean a temperature of 70° Fahrenheit
and pressure reduced to 29.92 inches of mercury at sea level.
(38) "Trade waste" shall mean solid, liquid, or gaseous material
resulting from construction or the prosecution of any business,
trade or industry, or any demolition operation including but
not limited to wood, plastics, cartons, grease, oil, chemicals
and cinders.
(39) "Wood waste burners" shall mean devices commonly called teepee
burners, silos, truncated cones, wigwam burners, and other
such burners commonly used by the wood product industry for the
disposal by burning of wood wastes.
(50.1) Section 3. Particulates.
The ambient air standards for total suspended particulates measured in
accordance with recommended practices described in Designation D2009,
latest revision, American Society for Testing and Materials are:
(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.
The ambient air standard for suspended particulates, soiling index*
measured by a tape sampler, or by an equivalent method, expressed
jn Coh units related to optical density is:
(1.) 0.4 Coh units per 1,000 lineal feet—annual geometric mean.
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c. The ambient air standard for total settleable particulates, dustfall
measured by a standard container of uniform cross-section, as des-
cribed by Designation D1739, latest revision, American Society for
Testing and Materials, or by an equivalent method are:
(1) 5 grams per square meter per month, for any 30 day period
in residential areas. Includes 1.7 grams per square meter
background;
(2) 10 grams per square meter per month, for any 30 day period
in industrial areas. Includes 1.7 grams per square meter
background.
(50.2) Section 4.
Sulfur Oxides.
(50.2) Section 5.
The ambient air standards for sulfur oxides measured by the para-
rosaniline (West-Gaeke) or equivalent methods are:
(1) 60 micrograms per cubic meter (0.02 ppm)--annual arithmetic
mean;
(2) . 260 micrograms per cubic meter (0.10 ppm)--maximum 24 hour
concentration not to be exceeded more than once per year;
(3) 1,300 micrograms per cubic meter (0.50 ppm)--maximum 3 hour
concentration not to be exceeded more than once per year.
Any existing facility producing sulfuric acid by the contact process
by burning elemental sulfur, alkylation acid, hydrogen sulfide,
organic sulfides, mercaptans, or acid sludge shall limit the atmos-
pheric discharge of sulfur dioxide in the effluent to not more than
2000 ppm--maximum 2 hour average.
Any new facility producing sulfuric acid by the contact process by
burning elemental sulfur, alkylation acid, hydrogen sulfide, organic
sulfides, mercaptans, or acid sludge shall limit the atmospheric
discharge of sulfur dioxide in the effluent to not more than four
pounds per ton of acid produced (2 kgm per metric ton),—maximum
2 hour average.
Sulfuric Acid Mist.
Any existing facility producing sulfuric acid by the contact process
by burning elemental sulfur, alkylation acid, hydrogen sulfide,
organic sulfides, mercaptans, or acid sludge shall limit the atmos-
pheric discharge of acid mist in the effluent to not more than
0.50 pounds per ton of acid produced (0.25 kgm per metric ton)--
mpximum 2 hour average, expressed as H2S04.
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(50.2) Section 6.
a.
Sulfation.
(50.2) Section 7.
a.
The ambient air standards for suspended sulfate measured as a sul-
fation rate by the lead peroxide method are:
(1) 0.25 milligrams $03 per 100 square centimeters per day,
maximum annual average;
(2) 0.50 milligrams 503 per 100 square centimeters per day,
maximum 30 day value.
Hydrogen Sulfide.
The ambient air standards for hydrogen sulfide, measured by the mercu-
ric chloride method, methylene blue method, or by an equivalent method
are: .
(1) 70 micrograms H2S per cubic meter, 1/2 hour average not to be
exceeded more than 2 times per year;
(2) 40 micrograms H£S per cubic meter, 1/2 hour average not to be
exceeded more than 2 times in any five consecutive days.
Any exit process gas stream containing hydrogen sulfide which is dis-
charged to the atmosphere from any source shall be vented, incinerated,
flared or otherwise disposed of in such a manner that ambient sulfur
dioxide and hydrogen sulfide standards are not exceeded.
(50.7) Section 8.
Photochemical Oxidants.
a. The ambient air standard for photochemical oxidants, measured and
corrected for interferences from nitrogen oxides and sulfur dioxide
by the reference method described in Appendix D, Federal Register,
Volume 36, No. 84, April 30, 1971, or by an equivalent method is:
(50.4) Section 9.
(1) 160 micrograms per cubic meter (0.08 ppm)--maximum 1 hour
concentration not to be exceeded more than once per year.
Hydrocarbons.
a. The ambient air standard for hydrocarbons, measured and corrected for
methane by the reference method described in Appendix E» Federal Regis-
ter, Volume 36, No. 84, April 30, 1971, or by an equivalent method is:
(1) 160 micrograms per cubic meter (0.24 ppm)--maximum 3 hour
:';'.. concentration (6:00 a.m. to 9:00 a.m.) not to be exceeded
more than once per year.
.b. , Hydrocarbon emissions shall be limited by all persons handling,
transporting, or storing volatile organic compounds to prevent un-
necessary emissions to the extent that ambient air standards described
in these standards are exceeded. Measures considered appropriate for
such control, or any equivalent method shall be:
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(1) All waste disposal combustion systems for organic compounds
from a vapor blowdown or emergency relief system shall be
burned by smokeless flares or an equally effective control
device;
(2) The storage of gasoline or petroleum distilleries having a
Reid Vapor Pressure 0WP) in excess of five pounds in any
stationary tank, reservoir, or other container of more than
65,000 gallons shall be in a pressure tank capable of main-
taining working pressures sufficient at all times to prevent
vapor or gas loss to the atmosphere;
(3) Floating roofs, consisting of a pontoon type, double deck type
roof, or internal floating cover, resting on the liquid surface,
equipped with seals between the roof and tank wall shall be con-
sidered as appropriate control equipment to prevent such vapor
loss. Tank gauging devices shall be gas tight except when tank
gauging or sampling is taking place;
,(4) Vapor recovery systems capable of collecting volatile organic
vapors and a disposal system capable of processing such vapors
in a manner that prevents their discharge to the atmosphere
shall be considered as appropriate control equipment to prevent
such vapor loss.
(50.3) Section 10. Nitrogen Oxides.
a. The ambient air standard for nitrogen dioxide, measured by the
reference method described in Appendix F, Federal Register, Volume
36, No. 84, April 30, 1971, or by an equivalent method is:
(1) 100 micrograms per cubic meter (0.05 ppm)--annual arithmetic
mean.
b. The emission standards for nitrogen oxides, measured by the method
described in Appendix, Method 7, Federal Register, Volume 36, No. 159,
• August 17, 1971, or by an equivalent method are:
(1) The emission of nitrogen oxides from new gas fired fuel burning
equipment calculated as nitrogen dioxide shall be limited to
0.20 pound per million BTU (0.36 grams per million gram calories)
of heat input.
(2) The emission of nitrogen oxides from existing gas fired fuel
burning equipment calculated as nitrogen dioxide shall be limited
to 0.23 pound per million BTU (0.41 grams per million gram calo-
ries) of heat input.
(3) The emission of nitrogen oxides from new oil fired fuel burning
equipment calculated as nitrogen dioxide shall be limited to
0.30 pounds per million BTU (0.54 grams per million gram calories)
of heat input for units having a heat input of 1.0 million BTU
per hour (250 million gram calories/hour) or greater and 0.60
-7-
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pounds per million BTU (1.08 grams per million gram calories)
of heat input for units having a heat input less than 1.0 million
. BTU per hour (250 million gram calories/hour).
(4) The emission of nitrogen oxides from existing oil fired fuel
burning equipment calculated as nitrogen dioxide shall be limited
to 0.46 pounds per million BTU (0.83 grams per million gram calo-
ries) of heat input for units having a heat input of 250 million
BTU per hour (62.5 gram calories/hour) or greater and 0.60 pound
per million BTU (1.08 grams per million gram calories) of heat
input for units having a heat input less than 250 million BTU
per hour (62.5 billion gram calories/hour).
(5) The emission of nitrogen oxides from new nitric acid manufacturing
plants, calculated as nitrogen dioxide shall be limited to 3
pounds per ton (1.5 kilograms per metric ton) of acid produced,
maximum 2 hour average.
(6) The emission of nitrogen oxides from existing nitric acid manu-
facturing plants, calculated as nitrogen dioxide shall be limited
to 5.5 pounds per ton (2.8 kilograms per metric ton) of acid pro-
duced, maximum 2 hour average.
(,7) The emission of nitrogen oxides from new solid fossil fuel
(except lignite) fired equipment calculated as nitrogen dioxide
shall be limited to 0.70 pounds per million BTU (1.26 grams per
million gram calories) heat input.
(8) The emission of nitrogen oxides from existing solid fossil fuel
(except lignite) fired equipment calculated as nitrogen dioxide
shall be limited to 0.75 pounds per mi 11 ion.BTU (1.35 grams per
million gram calories) heat input.
c. The requirements of this section shall not apply to internal combustion
engines having a heat input of less than 200 million BTU per hour.
(50.7) Section 11. Fluorides.
a. The ambient air standard for fluorides measured as hydrogen fluoride
is:
(1) 0.80 micrograms per cubic meter (1 part per billion) 24 hour
average or when the concentration of fluorides in forage for
animal consumption, measured as fluorine, dry weight basis is
25 micrograms per gram.
b. The ambient air standard for gaseous fluorides measured by the sodium
formate paper method or equivalent is 0.3 micrograms per square cen-
timeter, maximum 30 day value.
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(50.5) Section 12. Carbon Monoxide.
a. The ambient air standard for carbon monoxide, measured by nondisper-
£lv£ infrared spectrometry, as described in Appendix C. Federal
Register, Volume 36, No. 84, April 30, 1971, or by an equivalent
method is:
(1) 10 milligrams per cubic meter (9 ppm)--maximum 8 hour concen-
tration not to be exceeded more than once per year;
(2) 40 milligrams per cubic meter (35 ppm)--maximum 1 hour concen-
tration not to be exceeded more than once per year.
b. The emission of carbon monoxide in stack gases from any stationary
source shall be limited as may be necessary to prevent ambient stan-
dards described in this standard from being exceeded. Measures con-
sidered appropriate for such control are:
(T) Treatment of the waste gas stream by installation and use of
a direct flame afterburner or other means which will achieve
the required reduction as approved by the Division.
(51.13) Section 13. Open Burning Restrictions.
a. Refuse burning restrictions
(1) No person shall dispose of refuse by open burning, or cause,
suffer, allow or permit open burning of refuse.
(2) Regardless of provision of Subsections a. (1) of this regula-
tion, open burning on residential premises of refuse originating
in dwelling units on the same premises shall not be a violation
of this regulation in areas of low population density. A den-
sity of 100 dwelling units or less per square mile shall be used
as an approximate definition of areas of low population density.
b. Restrictions on open burning of trade wastes
(1) No person shall cause or permit the disposal of trade wastes or
conduct or cause or permit a salvage operation by open burning,
except as provided in Subsection b. (2) of this regulation.
(2) The open burning resulting from a salvage operation or disposal
of trade wastes may be permitted when it can be shown by a
person that such open burning is absolutely necessary and in the
public interest. Any person intending to engage in such open
burning shall file a request to do so with the Division of Air
Quality. The application shall state the following:
(a) the name, address, and telephone number of the person sub-
mitting the application;
(b) the type of business or activity involved;
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(c) a description of the proposed equipment and operating
practices, the type, quantity, and composition of wastes
to be burned, and the expected composition and amount of
air contaminants to be released to the atmosphere;
(d) the schedule of burning operation;
(e) the exact location where open burning will be used to
dispose of such waste;
(f) reasons why no method other than open burning can be used
for disposal;
(g) evidence that the proposed open burning has been approved
by any fire department which may,have jurisdiction. Upon
approval of the application by the Division of Air Quality,
the person may proceed with the operation without being in
violation of Subsection b. (1).
c. Restrictions on open burning of plant and forestry wastes
(1) The open burning of plant life grown on the premises in the
, course of any agricultural or forestry operation may be permitted
when it can be shown that such open burning is necessary and that
no fire hazard or public nuisance will occur.
(50.1) Section 14. . Control of Particulate Emissions.
a. Visible emissions of any contaminant discharged into the atmosphere
from any single new source of emission whatsoever as determined by a
qualified observer shall be limited to 20 percent opacity.
b. Visible emissions of any contaminant discharged into the atmosphere
from any single existing source of emission whatsoever as determined
by a qualified observer shall be limited to 40 percent opacity. This
limitation shall not apply to existing incinerators.
c. The emission of visible air pollutants from gasoline engines shall be
eliminated except for periods not exceeding five consecutive seconds.
d. The emission of visible air pollutants from diesel engines as deter-
mined by a qualified observer shall be limited to 30 percent opacity
below 7500 feet elevation except for periods not exceeding ten conse-
cutive seconds. This limitation shall not apply during a reasonable
period of warmup following a cold start or where undergoing repairs
and adjustment following a malfunction.
e. Any single source may discharge for a period or periods aggregating
not more than 6 minutes in any hour contaminants;
(!•) Having an equivalent opacity of not more than 40 percent as
determined by a qualified observer.
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f. The emission of fugitive dust shall be limited by all persons hand-
ling, transporting, or storing any material to prevent unnecessary
amounts of particulate matter from becoming airborne to the extent
that ambient air standards described in these regulations are exceeded.
Control measures described as follows or any equivalent method shall
be considered appropriate for such control:
(1) Use, where possible, of water or chemicals for control of dust
in the demolition of existing buildings, or structures, construc-
tion operations, the grading of roads or the clearing of land;
(2) Application of asphalt, oil, water, or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which can
give rise to airborne dusts;
(3) Installation and use of hoods, fans and fabric filters to
enclose and vent the handling of dusty materials; adequate
containment methods shall be employed during sandblasting or
other similar operations;
.(4) Covering, at all times when in motion, open bodied trucks,
transporting materials likely to give rise to airborne dust;
(5) Conduct of agricultural practices such as tilling of land,
application of fertilizers, et cetera,in such a manner as to
prevent dust from becoming airborne;
(6) The paving of roadways and their maintenance in a clear
condition;
(7) The prompt removal of earth or other material from paved
streets onto which earth or other material has been transported
by trucking or earth moving equipment, erosion by water, or
other means.
g. The emission of particulate matter from any new source shall be limited
.as indicated in Table I. The emission of particulate matter from any
existing source shall be limited as indicated in Table II.
(1) Process weight per hour means the total weight of all materials
introduced into any specific process that may cause any emis-
sions of particulate matter, including solid fuels, but exclud-
ing liquids or gasses used solely as fuels, and excluding air
introduced for purposes of combustion, and excluding the weight
of any water, water vapor or steam that may be introduced as
part of the total materials. However water contained as part
of the normal input to a beet pulp dryer process shall be
included as part of the process weight per hour.
(2) For a cyclical or batch operation, the process weight per hour
is derived by dividing the total process weight by the number
of hours in one complete operation from the beginning of any
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given process to the completion thereof, excluding any time
during which the equipment is idle.
(3) .For a continuous operation, the process weight per hour is
derived by dividing the process weight for a typical period
o,f time.
(4) Emission tests relating to this regulation shall be measured
according to Section 60.85, Appendix, Method 5, Federal Regis-
ter Volume 36, No. 247, December 23, 1971.
FIGURE 1: PARTICULATE EMISSION LIMITS
co
i.o
0.6
0.5
0.3
I/O
o
2 0.2
LU
•3
0.1
I I I Ml
I i i HIM i I i i mm I i i HIM i i i i iiini
Allowable = .8963 Ib/hr/lO^ BTU
1-1743
Where I = input in 106 BTU/hr
for inputs 10* 10,000 million BTU/hr
I I I
i i 1
I IMF
10
100
1000
10,000
100,000
INPUT-MILLION BTU/HR.
h. The emissions of particulate matter from existing sources where fuel
burning equipment is used for indirect heating shall be limited as
shown'in Figure 1 and shall be applicable to equipment burning solid
fuel. The emissions of particulate matter from new sources where
fuel burning equipment is used for indirect heating shall be limited
to 0.10 pound per million BTU input (0.18 grams per million calories)
-12-
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maximum 2 hour average. The visible emissions of particulate matter
from new sources where fuel burning equipment is used for indirect
heating shall be no greater than 20 percent opacity, except that 40
percent opacity shall be permitted for not more than 2 minutes in any
hour.
(1) This regulation applies to installations in which fuel is
burned for the primary purpose of producing steam, hot water,
or hot air or other indirect heating of liquids, gases, or
solids, and, in the course of doing so, the products of com-
bustion do not come into direct contact with process materials.
Fuels include those such as coal, coke, lignite, fuel oil, and
wood, but do not include refuse. When any products or by-
products of a manufacturing process are' burned for the same
purpose or in conjunction with any fuel, the same maximum
emission limitations shall apply.
(2) The heat content of coal shall be determined according to the
ASTM method D-271-64 Laboratory Sampling and Analysis of Coal
and Coke or ASTM method D-2015-62T Gross Calorific Value of
Solid Fuel by the Adiabatic Bomb Calorimeter, which publica-
tions are made a part of this regulation by reference.
(3) For purposes of this regulation, the heat input shall be the
aggregate heat content of all fuels whose products of combus-
tion pass through a stack or stacks. The heat input value used
shall be the equipment manufacturer's or designer's guaranteed
maximum input, whichever is greater. The total heat input for
determining the maximum allowable amount of particulate matter
which may be emitted.
(4) The amount of particulate matter emitted shall be measured by
a source test method approved by the Division for stationary
sources and shall be consistent with Section 60.85, Method 5,
Federal Register, Volume 36, No. 247, dated December 23, 1971.
i. Th,e emission of particulate matter from any incinerator shall be
limited to:
(1) 0.20 pound per 100 pounds (2 grams per kilogram) of refuse
charged as determined by a source test method approved by the
Division for stationary sources as described in Subsection g.
(4) of this regulation;
(2) A shade or density equal to but not greater than 20 percent
opacity as determined by a qualified observer.
j. Where the presence of uncombined water is the only reason for failure
of an emission to meet the opacity requirements of Section 14 of this
regulation, such opacity requirements shall not apply.
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(51.20) Section 15. Mood Waste Burners.
a. EnliS'Sipns of any air contaminant from any wood waste burner discharged
into the atmosphere for a period or periods aggregating more than 6
minutes in any one hour shall not exceed:
(1) An opacity of 20 percent as determined by a qualified observer.
f
b. Operational requirements for all wood waste burners shall include:
(1) A thermocouple and recording pyrometer or other temperature
measurement and recording device approved by the Division shall
be installed and maintained;
(2) A daily written log of the wood waste burner operation shall
be maintained to determine optimum operational patterns for
different fuel and atmospheric conditions. Such log shall
j include, but not be limited to, the time of day, draft settings,
' exit gas temperatures, type of fuel, and atmospheric conditions.
It must be shown that there is adequate time and responsibility
delegated for proper burner maintenance, operation, and control;
such log or a copy shall be made available to the Division
within 10 days upon request;
(3) Asphaltic materials, rubber products, or materials which cause
dense smoke discharges shall not be burned or disposed in wood
waste burners;
(4) Continuous flow conveying methods shall be utilized to convey
process wood waste to the combustion chamber of the wood waste
burners.
c. During startup and building of fires, in wood waste burners, the
particulate, opacity, and darkness limits specified in this regulation
may be exceeded for not more than 60 minutes in eight hours. Mate-
rials prohibited in Subsection b. (3) shall not be used for startup
and building of fires in wood waste burners.
(50.6) Section 16.. Odors.
a. The ambient air standard for odors from any source shall be limited to:
(1) An order emission at the property line from which such emissions
, . occur of sufficient strength to be equal to but not greater than
that detectable after seven dilutions with odor free air as
determined by a scentometer as manufactured by the Barnebey-
Cheney Company or any other instrument, device, or technique
designated by the Division as producing equivalent results.
The occurrence of odors shall be measured so that at least
two measurements can be made within, a period of one hour, these
determinations being separated by at least 15 minutes.
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b. No person shall operate or use any device, machine, equipment or
other contrivance for the reduction of animal matter unless all
gases, vapors and gas entrained effluents from such facility are
incinerated at a temperature of not less than 1200 degrees Fahrenheit
for a period not less than 0.3 second, or processed by condensation
or such manner as determined by the Division to be equally or more
effective for the purpose of controlling such emissions.
(1) A person incinerating or processing gases, vapors, or gas
entrained effluents pursuant to this rule shall provide,
properly install, and maintain in good working order and in
operation, devices as specified by the Division for indicating
temperature, pressure, or other operating conditions.
(2) Effective odor control devices, systems, or measures shall be
installed and operated such that no vent, exhaust pipe, blow-
off pipe, or opening of any kind shall discharge into the
outdoor air any odorous matter, vapors, gases, or dusts, or
any combination thereof, which create odors in areas adjacent
to the plant in excess of the limits described in Section 16 a.
(1) of this regulation.
c. Odor producing materials shall be stored, transported, and handled
in a manner that:
(1) Odors produced from such materials are confined and that
accumulation of such materials resulting from spillage or
other escape is prevented.
d. Whenever dust, fumes, gases, mist, odorous matter, vapors, or any
combination thereof escape from a building used for processing
animal matter in such manner and amount as to cause a violation of
Subsection a. (1) and (2) of this regulation the Division may require
that the building or buildings in which processing, handling, and
storage are done be tightly closed and ventilated in such a manner
that all airborne effluent materials leaving the building be treated
by an effective means for removal or destruction of odorous matter
before release to the open air.
(12.0) Section 17. Motor Vehicle Pollution Control.
a, No person shall intentionally remove, alter or otherwise render
ineffective or inoperative, exhaust emission control, crankcase
ventilation or any other air pollution control device or system
which has been installed on a motor vehicle or stationary internal
combustion engine as a requirement of any federal law or regulation.
b. No person shall operate a motor vehicle or other internal combustion
engine originally equipped with air pollution devices or systems as
required by any federal law or regulation unless such devices or
systems are in place and in operating condition.
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c. Subsections a. and b. of this regulation shall not apply to vehicles
or stationary internal combustion engines which have been modified
or altered to use a fuel other than gasoline or diesel fuel, except
that such units shall comply with existing standards for emissions
therefrom. .
(2.0) Section 18. Diluting and Concealing Emissions.
a. No person shall cause or permit the installation or use of any
device, contrivance or operational schedule which, without resulting
in reduction of the total amount of air contaminant released to the
atmosphere, shall dilute or conceal an emission from a source.
b. Subsection a. of this regulation shall not apply to the control of
odors.
(7.0) Section 19. Abnormal Conditions and Equipment Malfunction.
a. Emissions in excess of established regulation limits as a direct
result of malfunction or abnormal conditions or breakdown of a
prqcess, control or related operating equipment beyond the control
of the person or firm owning or operating such equipment shall not
be 'deemed to be in violation of such regulations, if the Division
is advised of the circumstances within 24 hours of such malfunction
ancj a corrective program acceptable to the Division is furnished.
(8.0) Section 20. Air Pollution Emergency Episodes.
a. This regulation is designed to prevent the excessive buildup of air
pollutants during air pollution episodes, thereby preventing the
occurrence of an emergency due to the effects of these pollutants
oh the health of persons.
b. Conditions justifying the proclamation of an air pollution alert,
air pollution warning or air pollution emergency shall be deemed to
exist whenever the Division determines that the accumulation of air
pollutants in any place is attaining or has attained levels which
could, if such levels are sustained or exceeded, lead to a substan-
tial threat to the health of persons. In making this determination,
thj» Division will be guided by the following criteria:
(1)' : Air pollution forecast: An internal watch by the Division
: shall be activated by a National Weather Service advisory
that an Atmospheric Stagnation Advisory, or the equivalent
local forecast of a stagnant atmospheric condition is in
effect.
(2) Air pollution alert: The alert level is that concentration
of pollutants at which first stage actions begin. An alert
'•]'- will be declared when any one of the following is reached at
any monitoring site:
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(a) Suspended particulate - 3.0 Cohs or 375 ug/m^,
24 hour average;
(b) SO? and particulate combined - product of S02 ppm,
24 hour average and Cohs equal to 0.2 or product of
S02 ug/m3, 24 hour average and particulate ug/m3,
24 hour average equal to 65 x 10^ and meteorological
conditions are such the pollutant concentrations can be
expected to remain at the above levels for twelve or more
hours or increase unless control actions are taken.
(3) Warning: The warning level indicates that air quality is
continuing to degrade and that additional control actions are
necessary. A warning will be declared when any one of the
following levels is reached in any monitoring site:
(a) Suspended particulate - 5.0 Cohs or 625 ug/m3, 24 hour
average;
(b) S02 and particulate combined—product of S02 ppm, 24 hour
average and Cohs equal to 0.8 or product of S0.2 ug/m3,
24 hour average and particulate ug/m3, 24 hour average
equal to 261 x 103, 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.
(4) Emergency: The emergency level indicates that air quality is
continuing to degrade to a level of significant harm to the
health of persons and that the most stringent control actions
are necessary. An emergency will be declared when any one of
the following levels is reached at any monitoring site:
(a) Suspended particulate - 7.0 Cohs or 875 ug/m^, 24 hour
average;
(b) S02 and particulate combined—product of S02 ppm, 24 hour
average and Cohs equal to 1.2 or product of $62 ug/m3,
24 hour average and particulate ug/m^, 24 hour average
equal to 393 x 10^, and meteorological conditions are such
that this condition can be expected to continue for 12
or more hours.
(5) Termination: Once declared, any status reached by application
of these criteria will remain in effect until the criteria for
that level are no longer met. At such time, the next lower
status will be assumed.
c. Whenever the Division declares that one of the above mentioned levels
exists, it shall take such control actions which in its best judgment
will lower the pollutant concentrations.
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(3.0) Section 21. Permit Requirements for Construction, Modification and Operation.
a. Any person who plans to construct any new facility, modify any exist-
ing facility, or to engage in the use of which may cause the issuance
of or an increase in the issuance of air contaminants into the air
of this'state shall obtain a construction permit from the State of
Wyoming Department of Environmental Quality before any actual work is
begun on the facility. An operating permit shall be obtained from
the State of Wyoming Department of Environmental Quality in order to
operate the facility after a 120 day start-up period. A permit to
operate shall also be required if a source existing in the state is
moved to a new location and expects to commence operation in their
new location.
b. The owner of the facility or the operator of the facility authorized
to act for ,the owner is responsible for applying for and obtaining a
permit to construct and/or operate. The application shall be made on
forms provided by the Division of Air Quality and each application
shall pe accompanied by site information, plans, descriptions, speci-
ficatipns, and drawings showing the design of the source, the nature
and amount of the emissions, and the manner in which it will be
operated and controlled. A separate application is required for each
source!. Any additional information, plans, specifications, evidence,,
or documentation that the Administrator of the Division of Air
Quality may require shall be furnished upon request.
c. No approval to construct or modify shall be granted unless the
applicant shows, to the satisfaction of the Administrator of the
Division of Air Quality that:
(1) ', .The proposed facility will comply with all rules and regulations
of the Wyoming Department of Environmental Quality, Division of
Air Quality, and with the intent of the Wyoming Environmental
Quality Act.
(2)' ' The proposed facility will not prevent the attainment or main-
tenance of any ambient air quality standard.
(3) . The proposed facility will not cause significant deterioration
of existing ambient air quality in the Region as defined by any
Wyoming standard or regulation that might address significant
deterioration.
(4) 'The proposed facility will be located in accordance with proper
land use planning as determined.by the appropriate state or
local agency charged with such responsibility.
(5) , The proposed facility will utilize the best available control
: technology with consideration to the technical practicability
and economic reasonableness of reducing or eliminating the
.emissions resulting from the facility.
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(6) The proposed facility will have provisions for measuring
the emissions of significant air contaminants as determined
by the Administrator of the Division of Air Quality.
(7) The proposed facility will achieve the performance specified
in the application for a permit to construct or modify. If
the applicant cannot demonstrate that the facility will comply
with this provision, a conditional construction/modification
.permit may be granted until such time as the applicant can
demonstrate compliance with this provision.
d. No permit to operate may be granted until the applicant demonstrates
to the satisfaction of the Administrator of the Division of Air
Quality that:
(1) The facility is complying with the Wyoming Air Quality Standards
and Regulations applicable at the time the permit to construct
or modify was granted and with the intent of the Wyoming Envi-
ronmental Quality Act, 1973.
(2) The facility has been constructed or modified in accordance
with the requirements and conditions contained in the permit
to construct or modify.
e. The Administrator of the Division of Air Quality may impose any
reasonable conditions upon an approval to construct, modify or
operate including, but not limited to, conditions requiring the
source to be provided with:
(1) Sampling and testing facilities as the Administrator may
require.
(2)' Safe access to the sampling facilities.
(3) Instrumentation to monitor and record emission data.
f. The Administrator will act within 60 days on an application and will
notify the applicant in writing of his approval, conditional approval,
or denial of the application. The Administrator will set forth his
reasons for any denial.
g. A permit to construct or modify shall remain in effect until the
permit to operate the facility for which the application was filed
is granted or denied or the application is cancelled. The Administra-
tor may cancel an approval to construct if the construction is not
begun within 2 years from the date of issuance, or if during the con-
struction, work is suspended for 1 year.
h. Any owner or operator subject to the provisions of this regulation
shall furnish the Administrator written notification as follows:
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(1) A,notification of the anticipated date of initial start-up of
.each source not more than 60 days or less than 30 days prior
;,- . -to such date.
(2) A notification of the actual date of initial start-up of each
•source within 15 days after such date.
i. Within 30 days after achieving the maximum design production rate for
which the permit is approved and at which each source will be operated,
but not later than 90 days after initial start-up of such sources, the
owner or operator of such source shall conduct a performance test(s)
in accordance with methods and under operating conditions approved by
the Administrator and furnish the Administrator a written report of
the results of such performance test.
(1) Such test shall be at the expense of the owner or operator.
(2) The Administrator may monitor such test and may also conduct
performance tests.
(3) The owner or operator of a source shall provide the Administra-
tor 15 days prior notice of the performance test to afford the
Administrator the opportunity to have an observer present.
(4) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated
by other means to the Administrator's satisfaction that the
source is being operated in compliance with all State and
Federal regulations which are part of the applicable plan.
(5) 'If the maximum design production rate for which the permit is
'approved is not achieved within 90 days of initial start-up,
testing will be conducted on a schedule to be defined by the
Administrator. This schedule may require that the source be
tested at the production rate achieved within 90 days of
initial start-up and again when maximum design production
rate is achieved.
j. Approval to construct shall not be required for:
(1) The installation or alteration of an air pollutant detector,
air pollutants recorder, combustion controller, or combustion
'shutoff.
(2) 'Air conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(3) ,.Fuel burning equipment other than a smokehouse generator which
has a heat input of not more than 25 million BTU per hour
(6.25 billion gm-cal/hr) and burns only gaseous fuel containing
not more than 20 grains total sulfur per 100 std. ft3; has a
heat input of not more than 1 million BTU/hr (250 million gm-
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cal/hr) and burns only distillate oil; or has a heat input of
not more than 350,000 BTU/hr (88.2 million gm-cal/hr) and burns
any other fuel.
(4) Mobile internal combustion engines.
(5) Laboratory equipment used exclusively for chemical or physical
analyses.
k. Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with all local, state and
federal rules and regulations.
1. After the Administrator has reached a decision based upon the infor-
mation presented in the permit application to construct or modify,
the Division of Air Quality will advertise such proposed decision
in a newspaper of general circulation in the county in which the
source is proposed. This advertisement will indicate the general
nature of the proposed facility, the proposed approval/disapproval
of the permit, and a location in the region where the public might
inspect the information submitted in support of the requested permit
and the Air Quality Division's analysis of the effect on air quality.
The .public will be afforded a 30 day period in which to make comments
and recommendations to the Division of Air Quality. A public hearing
may be called if sufficient interest is generated or if any aggrieved
party so requests in writing within the 30 day comment period. After
considering all comments, including those presented at any hearings
held, the Administrator will reach a decision and notify the appro-
priate parties.
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TABLE I
Process Emission
Weight Rate Rate
(Ibs./hr.). (Ibs./hr.)
50 - 0.36
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
Interpolation of the data in Table I for the
process weight rates up to 60,000 Ibs./hr.
shall be accomplished by the use of the
equation:
E = 3.59 P °'62 P i 30 tons/hr.
and interpolation and extrapolation of the data
for process weight rates in excess of 60,000
Ibs./hr. shall be accomplished by use of the
equation:
E = 17.31 P °'16 P > 30 tons/hr.
Where: E = Emissions in pounds per hour.
P = Process weight rate in tons per hour.
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TABLE II
Process Weight
Rate
Lb/Hr Tons/Hr
TOO
200
400
600
800
1,000
1,500 •
2,000
2,500
3,000
3,500
4,000.
5,000
6,000
7,000
8,000
9,000 ,
10,000
12,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
' 2.50
3.00
3.50
4.00
4.50
5.00
6.00
Rate of
Emission
Lb/Hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process Weight
Rate
Lb/Hr Tons/Hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.
9.
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Lb/Hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in Table II for process weight rates up to
60,000 Ib/h'r shall be accomplished by use of the equation E = 4.10 p°-67,
and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = 55.0 pO-11 - 40, where E = rate of emission in Ib/hr
and P = process weight rate in tons/hr.
Notwithstanding any other provision of this Table, any existing air con-
taminant source utilizing an air pollution control device having a collec-
tion efficiency of 99.5 percent or better, shall be deemed to be in com-
pliant with all provisions of this regulation. Such efficiency shall be
determinedly a professional engineer licensed to practice in Wyoming and
all expenses incurred in such determination shall be defrayed by the person
responsible for the emission.
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CHAPTER II
. . RULES OF PRACTICE AND PROCEDURE
BEFORE THE WYOMING AIR RESOURCES COUNCIL
(15.0) Section 1. ' Authority.
These Rules of Practice and Procedure are promulgated pursuant to
Section 35-491(a), Wyoming Statutes 1957 as amended, and Sections
9-276.20 and 9-276.21, Wyoming Statutes 1957 as amended.
(1.0) Section 2. 'Definitions.
By reference all of the definitions set forth and contained in Section
35-489, Wyoming Statutes 1957 as amended, are incorporated herein. In
addition, the following definitions are set forth:
a. "Administrator" - Director of the Division of Industrial Hygiene,
Wyoming State Department of Public Health.
b. "Chairman" - The Chairman of the Wyoming Air Resources Council. In
this capacity he shall act as chief hearing officer and spokesman for
the Council in all hearings.
c. "Contestee" - Any person, firm or corporation who appeals from an
order of a division of the Wyoming Department of Public Health under
the; provisions of Section 35-495, Wyoming Statutes 1957 as amended.
d. "Council" - The Wyoming Air Resources Council as created and defined
by Section 35-490, Wyoming Statutes 1957 as amended.
e. "Interested Party" - Any person, firm or corporation whose legal
rights, obligations and privileges may be affected by any action of
the'Department of Public Health or the Council.
f. '"Party" - Any Contestee or interested party as defined by these rules.
(16.0) Section 3. Initiation of Proceedings.
a. All appeals to the Council pursuant to the terms of Section 35-495,
Wyoming Statutes 1957 as amended, shall be initiated by the Contestee
pursuant to said Section 35-495, and Section 4 of these Rules.
b. All 'other hearings held before the Council pursuant to Section 35-491
(e), Wyoming Statutes 1957 as amended, may be initiated by the Adminis-
trator, interested parties, or the Council on its own motion. Said
hearings shall be initiated pursuant to Section 4 of these Rules.
c. All hearings requested by petition pursuant to Section 3b of these
Rules will be subject to dismissal upon the sole discretion of the
Council.
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(3.0) Section4. Petition Required.
All hearings requested before the Council pursuant to Section 3 of these
Rules Shall be based upon a formal petition. The petition shall be filed
in the Administrator's office in the State Office Building, Cheyenne,
Wyoming, and shall have the following format:
a. The name and address of the petitioning party.
b. A statement in ordinary and concise language of the facts on which
the petition is based, including, whenever applicable, particular
reference to statutory sections and/or rules, regulations and orders
involved.
c. A statement setting forth the appropriate relief sought.
(2.0) Section 5. Liberal Construction.
These Rules shall be liberally construed to secure a just, speedy and
inexpensive determination of the issues presented.
(2.0) Section 6. . Service of Notice.
Within twenty (20) days after receipt of a petition, the Administrator
shall serve upon Contestee and interested parties of record, or their
authorized attorneys or agents, a full, true and correct copy of the
petition. Said service may be made either personally or by publication,
as follows:
i
a. Personally. Said service, if. made by a sheriff, constable or other
official, shall be made in the manner prescribed by the Wyoming Rules
of Civil Procedure. Said service may be made by any person not an
officer, who is of lawful age and not a party in interest. Return
of such service shall be made by the certification of the officer who
made;such service, or if made by a person other than an officer, by
his affidavit. Such return of service must be filed with the Adminis-
trator prior to the commencement of the hearing.
b. Publication. Upon publication, if it is determined by the Adminis-
trator upon filing of a petition that personal service may not be
made, and all of the parties involved in the proceedings are within
the State of Wyoming, service may be made by one publication in a
newspaper published in the county where the hearing shall be held.
Following the publication of such notice, the Administrator shall
mail a true and correct printed copy of any such notice by certified
mail to the last known post office address of the parties involved.
Evidence of such service shall be kept and retained by affidavit to
be filed by the Administrator as a part of these proceedings.
(2.0) Section 7. . Docket.
When a proceeding is instituted by filing a petition, the Administrator
shall assign it a number and include the date of its filing on a separate
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page of a docket provided for such purpose. The Administrator shall
establish a separate file for each such docketed case in which shall be
systematically placed all papers, pleadings, documents, transcripts and
evidence pertaining thereto and all such items shall have noted thereon
the docket number assigned and the date of filing.
(2.0) Section 8. Default in Answering or Appealing.
In the event of failure of any party to answer or otherwise appear within
the time allowed, and provided that the foregoing rules as to service have
been complied with, the party so failing to answer or otherwise plead or
appear shall be considered in default, and the allegations of the petition
shall be taken as true.
(16.0) Section 9. Pre-Hearing Conference.
In the descretion of the Council and upon request of any party a pre-
hearing conference shall be held pursuant to the scope and procedure of
Rule 16 of the Wyoming Rules of Civil Procedure. However, in no event will
,such pre-hearing conference be held later than ten (10) days before the
hearing. All references in Rule 16 to the "Court" shall be deemed to
refer to the "Council." In addition, all references in said rule to
"Trial" shall be deemed to refer to "Hearing."
(16.0) Section 10. '-. Hearing.
At the date, time and place of hearing as directed by the Council, and
in accordance with the notice given, the Council shall hear all matters
presented. ; All issues set forth in the petition shall be presented by
the Administrator or an agent acting on behalf of the Administrator, as
designated by the Administrator. Any Contestee or interested party may
be represented personally or by counsel, provided that such counsel are
duly authorized to practice law in the State of Wyoming or are otherwise
associated with one or more attorneys who are authorized to practice Taw
i'n the State of Wyoming.
(16.0) Section 11. Order of Procedure at Hearing.
As nearly as may be, hearings shall be conducted in accordance with the
following order of procedure:
a. The Chairman of the Council shall announce that the hearing is
convened upon the call of the docket number and title of the matter
in 1-he case to be heard; and thereupon the Chairman shall direct the
Administrator to read the petition into the record, and shall note
, for the record all subpoenas issued, and all appearances of record,
including contestees, interested parties and their counsel of record.
b. All witnesses who are present to give testimony in the hearing shall
arise, identify themselves, indicate on whose behalf testimony will
: be given, and be sworn by the Chairman. Opening statements may be
based upon the discretion of the Chairman and Council.
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c. The Administrator or his agent, counsel or representative shall
proceed to present the Administrator's evidence. The Contestee
may make presentations in the same manner as the Administrator's
evidence, witnesses and exhibits have been heard and presented. In
addition in the discretion of the Council interested parties may also
make presentations in the same manner as the Administrator's evidence,
witnesses and exhibits have been heard and presented. Witnesses may
be cross-examined by both Administrator and Contestee. In the dis-
cretion of the Council interested parties may also cross-examine the
witnesses. All exhibits offered by and on behalf of the Administrator
shall be marked by letters of the alphabet beginning with "A." Each
contestee's or interested party's exhibits shall be marked separately
so as to identify the respective exhibits, commencing with the numeral
designation 1-A for the first contestee, and 1-B for the next, 1-C for
the next and so on for each contestee and interested party.
d. Any member of the Council, the Attorney General or a representative
of his staff, may examine and cross-examine any and all witnesses.
e, The Chairman may, in his discretion, allow evidence to be offered out
of the order as herein described.
f. Closing statements may be permitted at the discretion of Council.
Time for such closing statements may be limited. No rebuttal state-
ments may be made by any of the parties to the proceedings.
g. In addition to statements, testimony and documents introduced by the
Administrator and Contestee, the Council may permit, in its discretion,
all interested parties, as defined by these Rules, an opportunity to
submit oral and written statements for the record. These statements
will be limited to narrative form only, in compliance with Rule lOc.
In no event will direct testimony or cross-examination be permitted
by interested parties.
h. After all participants have been offered an opportunity to be heard,
the Chairman shall excuse all witnesses and declare the. evidence
closed. The evidence in the case may be reopened at a later date for
good cause shown by order of the Chairman, either upon his own motion
or upon the motion of any party to the proceedings.
t
i. The Contestee or other interested parties to the proceedings may tender
written legal briefs, either upon their own motions, or upon request
of the Council. The Chairman will declare that the case is to be
taken under advisement and that its decision and order will be an-
nounced.
(2.0) Section 12. . Applicability of the Rules of Civil Procedure.
The Rules'of Civil Procedure of the State of Wyoming, insofar as the same
may be applicable and not .inconsistent with the laws of the State of Wyoming
and these Rules shall apply to matters before the Council.
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(2.0) Section 13. Attorneys.
All persons appearing before the Council in a hearing, or persons who have
filed an answer or made other appearance, have the.right to represent them-
selves or be represented by an attorney of their choice. However, no
attorney will be permitted to make statements, examine or cross-examine
witnesses on behalf of any party unless such attorney is licensed to
practice law in the State of Wyoming; or if not licensed to practice
law in the State of Wyoming, such attorney shall be associated with a
Wyoming attorney qualified to practice law in the State of Wyoming. These
Rules shall not be construed to prohibit any person from representing him-
self in any hearing before the Council. However, any person appearing
personally must abide by these Rules and the Rules of Civil Procedure,
and the rules of evidence under the laws of the State of Wyoming.
(16.0) Section 14. Attorney General to Assist in Hearings.
In all matters before the Council, the Attorney General of Wyoming or a
representative of his staff shall be present throughout the hearing to
assist and advise the Council.
(16.0) Section 15. Reporting Testimony and Compensation of Reporter.
In all hearings held pursuant to the Act and these Rules and Regulations,
all testimony shall be reported verbatim stenographically or by other
appropriate means determined by the Council. The hourly cost for such
reporting may be assessed as costs to any parties appearing in the hearing
as directed by the Chairman.
(2.0) Section 16. | Decisions, Findings of Fact, Conclusions of Law, Orders.
The Council shall, following a full and complete hearing, make and enter
a written .decision and order containing findings of fact and conclusions
of law based upon the evidence, both testimonial and documentary, intro-
duced and admitted, in addition to all matters officially noticed. Such
decision, findings of fact, conclusions of law and order shall be filed
with the Administrator and will, without further action, become the
decision^ findings and order as a result of the hearing. The Adminis-
trator shall, upon receipt of any decision, finding and order, send a
copy to'a.11. parties involved, postage prepaid.
(2.0) Section 17. .Appeals to District Court.
Appeals tp the district court from decisions of the Council are governed
by Section 9-276.36, Wyoming Statutes 1957 (Laws 1965) and Rule 72.1 of
the Rules, of Civil Procedure promulgated by the Supreme Court of the
State of Wyoming.
(?.0) Section 18. Transcript in Case of Appeal.
In case.of an appeal to the district court as above provided, the party
k appealing shall secure and file a transcript of the testimony and all
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other evidence offered at the hearing, which transcript must be verified
by the oath of the reporter who took the testimony as a true and correct
transcript of the testimony and other evidence in the case. The compen-
sation of the reporter for making the transcript of the testimony and all
other costs involved in such appeal shall be borne by the party prosecu-
ting such appeal.
(2.0) Section 19. Rules not Applicable to Investigations.
Nothing contained herein, nor any rules herein announced, shall be
applicable to investigations which may or might be carried on and con-
ducted by the Administrator under the terms and provisions of Sections
35-493 and 35-495, Wyoming Statutes 1957 as amended.
(2.0) Section 20. Amendment of Rules.
Any amendments to these Rules shall become effective as provided by
Sections 9-276.21 and 9-276.22, Wyoming Statutes 1957 as amended.
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FEDERALLY PROMULGATED
REGULATIONS
-30-
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(10.0) 52.2623 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
. (f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where ap indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way.
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect 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.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
wi 11:
(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 conroittee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available .shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(]1) 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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I
. I
(17.0) 52.2630 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 J Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
pi) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations'of'particulate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
, redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed njdes-
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 (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
th«t 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 sounce 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,1 residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall, be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
. by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
.als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
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 1n paragraph (e) (1) (11). (1v), 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 1s not commenced within 18 months after receipt
of such approval or 1f construction 1s discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension 1s Justified.
(4) Approval to construct or modify shall not relieve any owner or
I operator of the responsibility to comply with the control strat-
qgy and all local, State, and Federal regulations which are part
of the applicable State Implementation P.lan. i
(f) beleg^tion 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, 1n 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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