U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 300
Air Pollution Regulations in
State Implementation Plans
American Samoa
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
PB 290300
EPA-450/3-78-101
August 1978
Air
&EFA
Air Pollution Regulations
in State Implementation
Plans:
American Samoa
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
I. R6POBT NO.
EPA-450/3-78-101
2.
3. RECIPIENT'S ACCESSION NO.
J%_J ~ "
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation
Plans: American Samoa
5. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
7. AUTHOH(S)
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell, Control Programs Development Division
16. ABSTRACT
This document has been produced in compliance with Section 110(h)(l) of the Clean Air
Act amendments of 1977. The Federally enforceable regulations contained in the State
Implementation Plans (SIPs) have been compiled for all 56 States and territories
(with the exception of the Northern Mariana Islands). They consist of both the
Federally approved State and/or local air quality regulations as indicated in the
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the.above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
b.IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Report!
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
22. PRICE
|MF
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-101
Air Pollution Regulations
in State Implementation Plans
American Samoa
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
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-101
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been •
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source.regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF;
EPA-APPROVED REGULATION CHANGES
AMERICAN SAMOA
Submittal Date
6/8/72
Approval/Pi sapproval
Date
3/2/76
Description
Entire Regulations
Section Number
52.2824
52.2877
FEDERAL REGULATIONS
Description
Review of New or Modified Indirect Sources
Prevention of Significant Deterioration
-------
DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE- STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
-------
TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(10.0)
(13.0)
(9.0)
(7.0)
(2.0)
(6.0)
(2.0)
(2.0)
(4.0)
(51.13)
(50.1.2)
(50.1.3)
(51.9)
(51.5)
(50.1.1)
(9.0)
(51.6)
Section
Number
1.0
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
2.1
3.1
3.2
3.3
3.4
3.5
3.6
4.1
STATE REGULATIONS
Title
Definitions
Approval of New Sources;
Permit to Operate
Source Monitoring, Record
Keeping and Reporting
Sampling and Testing Methods
Malfunction of Equipment;
Reporting
Prohibition of Air Pollution
Compliance Schedule
Circumvention
Severability
Ambient Air Quality Standards
Control of Open Burning
Visible Emissions
Fugitive Dust
Incineration
Fuel Burning Equipment
Process Industries - General
Sampling Methods
Fuel Combustion
Page
1
2
5
5
5
6
6
6
6
6
8
9
9
10
10
10
12
12
VIII
-------
TABLE OF CONTENTS
STATE REGULATIONS
FEDERALLY PROMULGATED REGULATIONS
Revised Standard Section
Subject Index Number Title Page
(10.0) 52.2824 Review of New or Modified 14
Indirect Sources
(17.0) 52.2877 Prevention of Significant 24
Deterioration
IX
-------
GENERAL PROVISIONS
(1.0) 1.0 Definitions
1.0.1 "Air pollutant" shall mean dust, mist, fumes, smoke, other particulate
matter, vapor, gas, odorous substances, or any combination thereof.
1.0.2 "Air pollution" shall mean the presence in the outdoor atmosphere of
one or more air pollutants in such quantities and duration as is or
tends to be injurious to human health or welfare, animal or plant
life, or property or interferes with the enjoyment of life or property.
1.0.3 "Chairman" shall mean the Chairman of the Environmental Quality
Commission.
1.0.4 "Emission" shall mean the act of releasing or discharging air pollutants
into the ambient air from any source.
1.0.5 "Existing source" shall mean any stationary source other than a new
source.
1.0.6 "Fuel-burning equipment" shall mean any furnace, boiler, apparatus,
stack, and all appurtenances thereto, used in the process of burning
fuel for the primary purpose of producing heat or power by indirect
heat.
1.0.7 "Fugitive dust" shall mean solid airborne particulate matter emitted
from any source other than through a stack.
1.0.8 "Modification" shall mean any physical change to or change in the method
of operation of a stationary source which increases, the amount of any
air pollutant emitted by such source or which results in the emission
of any air pollutant not previously emitted.
1.0.9 "New source" shall mean any stationary source, the construction or mod-
ification of which is commenced after publication of any applicable
proposed regulations.
1.0.10 "Opacity" shall mean a state which renders material partially or wholly
impervious to rays of light and causes obstruction of an observer's
view.
1.0.11 "Open burning" shall mean the burning of any matter in such a manner
that the products of combustion resulting from the burning are emitted
directly into the ambient air without passing through an adequate stack
or flare.
1.0.12 "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.
1.0.13 "Person" shall mean any individual, corporation, partnership, firm, as-
sociation, trust, estate, public or private institution, group, agency,
-1-
-------
political subdivision of this Territory, any other State or political
subdivision or agency thereof or any legal successor, representative,
agent, or agency of the foregoing.
1.0.14 "Ringelmann chart" shall mean the chart published and described in the
U.S. Bureau of Mines Information Circular 8333.
1.0.15 "Soiling index" shall mean a measure of the soiling properties of sus-
pended particles in air determined by drawing a measured volume of air
through a known area of Whatman No. 4 filter paper for a measured period
of time, expressed as COH's/1,000 linear feet, or equivalent.
1.0.16 "Source" shall mean any property, real or personal, which emits or may
emit any air pollutant.
1.0.17 "Stack" shall mean any chimney, flue, conduit, or duct arranged to con-
duct emissions to the ambient air.
1.0.18 "Standard conditions" shall mean a dry gas temperature of 68° Fahrenheit
and a gas pressure of 14.7 pounds per square inch absolute (20 C, 760
mm Hg)
(10.0) 1.1 Approval of new sources; permit to operate.
1.1.1 Approval to construct:
(a) No person shall construct or cause the construction of any new
source without first obtaining approval from the Chairman of the location and
design of such new source.
(b) Application for approval to construct a new source shall be made
by the owner or operator thereof on forms furnished by the Chairman.
(c) A separate application is required for each new source subject to
rules and regulations.
(d) Each application shall be signed by the applicant, which signature
shall constitute an agreement that the applicant will assume responsibility for
the construction, or operation of the new source in accordance with applicable
rules and regulations and will notify the Chairman in writing of the start up of
operation of such source.
(e) Each application for approval to construct a new source shall be ac-
companied by siting information, plans, descriptions, specifications and draw-
ings showing the design of the new source and the manner in which it will be op-
erated and controlled.
(f) Any additional information, plans, specifications, evidence or doc-
umentation that the Chairman may require shall be furnished upon request.
1.1.2 Standards for granting approval to construct: No approval to construct
a new source shall be granted unless the applicant shows to the satis-
faction of the Chairman that:
-2-
-------
(a) The new source will operate without causing a violation of ap-
plicable rules and regulations.
(b) The new source will not prevent or interfere with attainment or
maintenance of any applicable ambient air quality standards.
1.1.3 Action on Applications:
(a) The Chairman shall act within 60 days on an application and shall
notify the applicant in writing of his approval, conditional approval, or denial
of the application.
(b) The Chairman shall set forth in any notice of denial his reasons
for denial.
1.1.4 Conditional approval: The Chairman may impose any reasonable con-
ditions upon an approval, including conditions requiring the new source
to be provided with:
(a) Sampling ports of a size, number, and location as the Chairman may
require,
(b) Safe access to each port,
(c) Instrumentation to monitor and record emission data, and
(d) Any other sampling and testing facilities.
1.1.5 Cancellation of approval: The Chairman may cancel an approval if the
construction or modification is not begun within 2 years from the date
of issuance, or if during the construction work is suspended for one
year.
1.1.6 Permi t to operate:
(a) No person shall operate or cause the operation of a source without
applying for and obtaining a permit to operate from the Chairman. Application
for a permit to operate a new source shall be made at least 30 days prior to
start up of operation.
(b) No person shall operate or cause the operation of an existing
source without, within 90 days of the date of adoption of applicable rules and
regulations, applying for a permit to operate such source or submitting a con-
trol plan for approval in accordance with section 1.6 of these regulations.
(c) No owner or operator shall operate or cause the operation of a
source if the Chairman denies or revokes a permit to operate.
1.1.7 Standards for granting permits: No permit to operate shall be granted
unless the applicant shows to the satisfaction of the Chairman that the
source is in compliance with applicable rules and regulations.
-3-
-------
1.1.8 Performance testing: Before a permit to operate is granted, the ap-
plicant, if required by the Chairman, shall conduct performance tests
in accordance with methods approved by the Chairman. Such tests shall
be made at the expense of the applicant. The Chairman may monitor such
tests and may also conduct performance tests.
1.1.9 Action on applications:
(a) The Chairman shall act within 60 days after start up on an ap-
plication for a permit to operate a new source and within 60 days after receipt
thereof, on an application to operate an existing source, and shall notify the
applicant, in writing, of his approval, conditional approval, or denial of the
application.
(b) The Chairman shall set forth in any notice of denial his reasons
for denial.
1.1.10 Conditional permit: The Chairman may impose any reasonable conditions
upon a permit.
1.1.11 Suspension or revocation of permit:
(a) The Chairman may suspend or revoke a permit to operate for viola-
tion of applicable rules and regulations.
(b) Suspension or revocation of a permit to operate shall become final
10 days after service of notice on the holder of the permit.
(c) A permit to operate which has been revoked pursuant to these regu-
lations shall be surrendered forthwith to the Chairman.
1.1.12 Transfer of permit: The holder of a permit may not transfer it without
the prior written approval of the Chairman.
1.1.13 Exemptions: Approval to construct or a permit to operate shall not be
required for:
(a) The installation or alteration of an air pollutants detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(b) Air conditioning or ventilating systems not designed to remove air
pollutants generated by or released from equipment.
(c) Fuel burning equipment, other than smoke house generators, which:
use gas as a fuel for space heating, air conditioning, or heating water; is used
in a private dwelling; has a heat input of not more than 350,000 B.t.u. per hour
(88.2 million gm-cal/hr.); or is used for space heating, other than boilers and
hot air furnaces.
analyses.
(d) Mobile internal combustion engines.
(e) Laboratory equipment used exclusively for chemical or physical
-4-
-------
(f) Other sources of minor significance specified by the Chairman.
1.1.14 Possession of approval to construct or modify or a permit to onerate
shall not relieve any person of the responsibility to comply with ap-
plicable emission limitations or other regulations.
(13.0) 1.2 Source Monitoring, Record Keeping, and Reporting.
1.2.1 The Chairman may require the owner or operator of any air pollutant
source to install, use, and maintain such monitoring equipment, sample
such emissions, establish and maintain such records, and make such per-
iodic emission reports as the Chairman shall prescribe.
1.2.2 Records and reports prescribed by the Chairman shall be recorded, com-
piled, and sumbitted on forms furnished by the Chairman.
(9.0) 1.3 Sampling and Testing Methods
1.3.1 All tests shall be made and the results calculated in accordance with
test procedures approved by the Chairman. All tests shall be made under
the direction of persons qualified by training and/or experience in the
field of air pollution control.
1.3.2 The Chairman may conduct tests of emissions of air pollutants from any
source. Upon request of the Chairman, the person responsible for the
source to be tested shall provide necessary ports in stacks or ducts
and such other safe and proper sampling and testing facilities, exclu-
sive of instruments and sensing devices, as may be necessary for proper
determination of the emissions of air pollutants.
(7.0) 1.4 Malfunction of Equipment; Reporting
1.4.1 In the case of shutdown of air pollution control equipment for neces-
sary scheduled maintenance, the intent to shut down equipment shall be
reported to the Chairman at least twenty-four (24) hours prior to the
planned shutdown. Such prior notice shall include, but is not limited
to the following:
(a) Identification of the specific facility to be taken out of
service as well as its location and permit number.
(b) The expected length of time that the air pollution control
equipment will be out of service.
(c) The nature and quantity of emissions of air pollutants likely
to be emitted during the shutdown period.
(d) Measures such as the use of off-shift labor and equipment that
will be taken to minimize the length of the shutdown period.
(e) The reasons that it would be impossible or impractical to shut-
down the source operation during the maintenance period.
-5-
-------
1.4.2
(2.0) 1.5
(6.0) 1.6
1.6.1
(2.0) 1.7
(2.0) 1.8
(4.0) 1.9
1.9.1
In the event that any emission source, air pollution control equipment
or related facility breaks down in such a manner as to cause the emis-
sion of air pollutants in violation of applicable rules and regulations,
the person responsible for such equipment shall immediately notify the
Chairman of such failure or breakdown and provide a statement giving
all pertinent facts, including the estimated duration of the breakdown.
The Chairman shall be notified when the condition causing the failure
or breakdown has been corrected and the equipment is again in operation.
Prohibition of Air Pollution
No person shall permit or cause air pollution, as defined in section
1.02 of this part.
Compliance Schedule. Except as otherwise specified, the compliance
with the provisions of applicable rules and regulations shall be ac-
cording to the following time schedule.
Existing sources. All existing sources not in compliance with appli-
cable rules and regulations on the date of adoption of such rules and
regulations shall be in compliance within six months of the date of
adoption unless the owner or person responsible for the operation of
the source shall have submitted to the Chairman a control plan and
schedule for achieving compliance, such plan and schedule to contain a
date on or before which compliance will be attained, and such other in-
formation as the Chairman may require. If approved by the Chairman,
such date will be the date on which the person shall comply. The
Chairman may require persons submitting such a plan to submit subse-
quent periodic reports on progress in achieving compliance. In no
event shall the control plan and schedule prescribe a compliance date
later than three years from the date of adoption of applicable rules
and regulations.
Circumvention. No person shall install or cause the installation or
use of any device or any means which, without resulting in reduction
in the total amount of air pollutant emitted, conceals or dilutes an
emission of air pollutant which would otherwise violate applicable
rules and regulations.
Severability. If any provisions of these regulations or the applica-
tion thereof to any person or circumstances is held to be invalid, such
invalidity shall not affect other provisions or application of any
other part of these regulations which can be given effect without the
invalid provisions or application, and to this end the provisions of
these regulations and the various applications thereof are declared to
be severable.
Ambient Air Quality Standards
The ambient air quality standards for the Territory of American Samoa
shall be the same as the National Secondary Air Quality Standards.
(See Federal Register dated April 30, 1971 entitled National Primary
-6-
-------
and Secondary Ambient Air Quality Standards). These standards are
enumerated below:
AMBIENT AIR QUALITY STANDARDS
Pollutant
S02
Particulate
CO
Oxidants
HC
NO
Yearly Mean, ug/m^
60 (arithmetic)
(0.02)
60 (geometric)
-
•
100 (arithmetic)
(0.05)
Yearly. Maximum, ug/nv*
260
(0.1)
150
10 mg/m
(9)
4 mg/m
(35)
160
(0.08)
160
(0.24)
'
Time
24-hours
24-hours
8-hours
1-hour
1-hour
3-hours
(6-9 am)
-
Other, ug/m^
1300 yearly
(0.5) 3 hr.
Max.
Secondary
numbers in parenthesis are ppm equivalents.
1.9.2 These numerical air quality standards are the maximum allowable concen-
trations of pollutants in the ambient air necessary to protect the
health and welfare of the people of American Samoa. No degradation of
the quality of the ambient air shall be permitted in areas in which the
concentrations of the identified pollutants are lower than the numerical
standards established by these regulations unless it has been ade-
quately demonstrated to the Chairman of the Environmental Quality Com-
mission that a degradation of the air quality in an area is justified as
a result of necessary economic or social development and that such low-
ering of air quality will not seriously interfere with or become in-
jurious to any assigned use made thereof.
-7-
-------
CONTROL OF OPEN BURNING
(51.13) 2.1 No person shall ignite, cause to be ignited, permit to be ignited
or maintain any open fire except as follows:
(a) Open fires for the cooking of food for human consumption on
other than commercial premises;
(b) Fires for recreational or ceremonial purposes;
(c) Fires to abate a fire hazard, providing hazard is so declared
by the fire department or fire district having jurisdiction;
(d) Fires for prevention or control of disease or pests;
(e) Fires for training personnel in the methods of fighting fires in
compliance with 3.1.1;
(f) Fires for the disposal of dangerous materials, where there is
no alternate method of disposal and burning is approved in ad-
vance by the Chairman.
(g) Agricultural burning
(h) Other open burning as deemed necessary by the Chairman.
-8-
-------
CONTROL OF PARTICULATE EMISSIONS
(50.1.2) 3.1 Visible Emissions
3.1.1 Visible emission restrictions for stationary sources.
(a) No person shall cause or permit the emission of visible air pol-
lutants of a shade or density equal to or darker than that desig-
nated as No. 1 on the Ringelmann chart or 20 percent opacity.
(b) A person may discharge into the atmosphere from any single source
of emission, for a period or periods aggregating not more than 3
minutes in any 60 minutes, air pollutants of a shade or density
not darker than No. 3 on the Ringelmann chart or 60 percent opacity.
3.1.2 Exceptions for uncombined water. The provision of this regulation shall
not apply to any emission which, except for the presence of uncombined
water, such as condensed water vapor, would not be in violation of such
provisions.
(50.1.3) 3.2 Fugitive Dust
3.2.1 No person shall cause or permit any materials to be handled, transported,
or stored; or a building, its appurtenances, or a road to be used, con-
structed, altered, repaired or demolished without taking reasonable pre-
cautions to prevent particulate matter from becoming airborne. Such
reasonable precautions shall include, but not be limited to, the fol-
lowing:
(a) Use, where possible, of water or chemicals for control of dust in
the demolition of existing buildings or structures, construction
operations, the grading of roads or the clearing of land;
(b) Application of asphalt, oil, water or suitable chemicals on dirt
roads, materials stockpiles, and other surfaces which can give rise
to airborne dusts;
(c) 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.
(d) Covering, at all times when in motion, open bodied trucks trans-
porting materials likely to give rise to airborne dusts;
(e) Conduct of agricultural practices such as tilling of land, appli-
cation of fertilizers, etc., in such manner as to prevent dust
from becoming airborne.
(f) The prompt removal of earth or other material from paved streets
onto which earth or other material has bean transported by truck-
ing or earth moving equipment, erosion by water, or other means.
3.2.2 No person shall cause or permit the discharge of visible emissions be-
yond the lot line of the property on which the emissions originate.
-9-
-------
3.2.3 When air pollutants escape from a building or equipment in such a man-
ner and amount as to cause a nuisance or violate any regulations, the
Chairman may order that the building or equipment in which processing,
handling, and storage are done be tightly closed and ventilated in such
a way that all emissions from the building or equipment are treated to
remove or destroy such air pollutants before emission to the open air.
(51.9) 3.3 Incineration
3.3.1 No person shall cause or permit the emission of particulate matter from
any incinerator, of greater than 50 tons per day charging rate, to ex-
ceed 0.10 pounds per 100 pounds of refuse charged nor from any inciner-
ator, of less than 50 tons per day charging rate, to exceed 0.20 pounds
per TOO pounds of refuse charged.
3.3.2 Emission tests shall be conducted at a maximum burning capacity of the
incinerator.
3.3.3 The burning capacity of an incinerator shall be the manufacturer's or
designer's guaranteed maximum rate or such other rate as may be deter-
mined by the Chairman in accordance with good engineering practices.
In cases of conflict, the determination made by the Chairman shall gov-
ern.
3.3.4 For the purposes of this regulation, the total of the capacities of all
furnaces within one system shall be considered as the incinerator capac-
ity.
(51.5) 3.4 Fuel Burning Equipment
3.4.1 No person shall cause or permit the emission, from fuel burning equip-
ment burning solid fuel, or particulate matter in excess of 0.10 pounds
per million B.t.u. (0.54 gm/10 gm/cal) of heat input.
3.4.2 For purposes of this regulation, the heat input shall be the aggregate
heat content of all fuels whose product of combustion pass through a
stack or stacks. The heat input value used shall be the equipment
manufacturer's or designer's guaranteed maximum input, whichever is
greater. The total heat input of all fuel burning units on a plant or
premises shall be used for determining the maximum allowable amount of
particulate matter which may be emitted.
(50.1.1) 3.5 Process Industries - General
3.5.1 No person shall cause or permit the emission of particulate matter in
any one hour from any source in excess of the amount shown in Table 1
for the process weight rate allocated to such source.
3.5.3 Process weight per hour is the total weight of all materials introduced
into any specific process that may cause any emission of particulate
matter. Solid fuels charged will be considered as part of the process
weight, but liquid and gaseous fuels and combustion air will not.
-10-
-------
TABLE 1
PARTICULATE EMISSION ALLOWABLE BASED ON PROCESS WEIGHT
Process Weight
Rate
Lb/Hr
50
TOO
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
Rate of
Emission Lb/Hr
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4.84
4.92
5.02
5.10
5.18
5.27
5.36
Process Weight
Rate Lb/Hr
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
Rate of
Emission Lb/Hr.
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00
-11-
-------
Interpolation of the data in this table for process weight rates in excess of
60,000 Ib/hr shall be accomplished by use of equation E = 55p "•'' - 40, where
E = rate of emission in Ib/hr. and p = process weight rate in tons/hr.
For a cyclical or batch operation, the process weight per hour will be
derived by dividing the total process weight by the number of hours in
one complete operation from the beginning of any given process to the
completion thereof, excluding any time during which the equipment is
idle. For a continuous operation, the process weight per hour will be
derived by dividing the process weight for a typical period of time.
3.5.4 Where the nature of any process or operation or the design of any equip-
ment is such as to permit more than one interpretation of this regula-
tion, the interpretation that results in the minimum value for allow-
able emission shall apply. j
3.5.5 For purposes of the regulation, the total process weight from all
similar process units at a plant or premises shall be used for deter-
mining the maximum allowable emission of particulate matter that pas-
ses through a stack or stacks.
(9.0) 3.6 Sampling methods
3.6.1 The emission limitations set forth in 3.3, 3.4, and 3.5 are based on
Source Test Method 5 - "Determination of Particulate Emissions from
Stationary Sources" published in the December 23, 1971 Federal Regis-
ter, page 24888 by the Environmental Protection Agency.
CONTROL OF SULFUR COMPOUND EMISSIONS
(51.6) 4.1 Fuel Combustion
4.1.1 No person shall burn, sell, or make available for sale for burning in
fuel burning equipment, any fuel containing in excess of 3.5 percent
sulfur by weight.
-12-
-------
FEDERALLY PROMULGATED
REGULATIONS
-13-
-------
(10.0) 52.2824 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.
-14-
-------
(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.
(11) Outside an SMSA:
(a) Any new parking facility, or other new1indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-15-
-------
(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-16-
-------
(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.
-17-
-------
(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
-18-
-------
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
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
-19-
-------
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
-20-
-------
land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed .to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
-21-
-------
(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
-22-
-------
(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)
-23-
-------
(17.0) 52.2877 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.
-24-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
1n 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
-25-
-------
(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-26-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
-27-
-------
(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
-28-
-------
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:
-29-
-------
(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
-30-
-------
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:
-31-
-------
(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.
-32-
-------
(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
-33-
-------
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
-34-
------- |