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- ------- |