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

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             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

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                                   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)

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                                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

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are  those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                    Publication No. EPA-450/3-78-101
                                  11

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

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

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

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

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

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

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                                 SUMMARY SHEET
                                      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

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                         DOCUMENTATION  OF CURRENT EPA-APPROVED
                            STATE AIR POLLUTION REGULATIONS
                            REVISED STANDARD SUBJECT INDEX
 1.0    DEFINITIONS
 2.0    GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
 3.0    REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
 4.0    AIR QUALITY  STANDARDS (PRIMARY AND SECONDARY)
       4.1    PARTICULATES
       4.2   SULFUR DIOXIDE
       4.3   NITRIC OXIDES
       4.4   HYDROCARBONS
       4.5   CARBON MONOXIDE
       4.6   OXIDANTS
       4.7   OTHERS
 5.0    VARIANCES
 6.0    COMPLIANCE SCHEDULES
 7.0    EQUIPMENT MALFUNCTION AND MAINTENANCE
 8.0    EMERGENCY EPISODES
 9.0    AIR QUALITY  SURVEILLANCE AND SOURCE TESTING
10.0    NEW SOURCE PERFORMANCE- STANDARDS
11.0    NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0    MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0    RECORD KEEPING AND REPORTING
14.0    PUBLIC AVAILABILITY OF DATA
15.0    LEGAL AUTHORITY AND ENFORCEMENT
16.0    HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0    PREVENTION OF SIGNIFICANT DETERIORATION
18.0    AIR QUALITY  MAINTENANCE AREA
19.0 - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0   POLLUTANT -  SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1.1  PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                          VI

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
              Rice and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (includes Cleaning, Preparation, Coal  Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
              (includes Fuel  Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (includes Related Topic)
       51.13  OPEN BURNING (includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE BURNERS
       51.21  MISCELLANEOUS TOPICS
                                          VII

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TABLE OF CONTENTS
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

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                               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

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                                    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-

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                 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-

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         (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-

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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-

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                  (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-

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        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-

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         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-

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                                        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-

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                                  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-

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         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-

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                       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-

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         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-

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FEDERALLY PROMULGATED



    REGULATIONS
          -13-

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(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-

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     (vi)    The  phrase  "to commence modification" means to engage in
            a continuous  program of on-site modification, including
            site clearance, grading, dredging, or land filling in
            preparation for specific modification of the indirect
            source.

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

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

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

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

     (i)     In an SMSA:

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

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

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

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

     (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-

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             (b)   Any  modified  parking  facility,  or  any  modification
                  of an  associated  parking  area,  which increases  park-
                  ing  capacity  by 1,000 cars  or more.

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

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

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

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

(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-

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        (d)  A site plan showing the location of associated
            parking areas, points of motor vehicle ingress and
            egress to and from the site and its associated
            parking areas, and the location and height of
            buildings on the site.

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

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

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

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

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

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

        (c)   Expected passenger loadings at the airport.

        (d)   The information required under subdivisions  (i)  (a)
             through (i) of this subparagraph.
                       -17-

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     (iii)    For  highway  projects:

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

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

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

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

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

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

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

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

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

     (ii)     The  Administrator shall make the  determination pursuant
             to paragraph (b)  (4)  (i)  (b) of this section by evaluat-
             ing  the anticipated concentration of carbon  monoxide at
             reasonable receptor or exposure sites which  will be af-
             fected  by the mobile  source activity expected to be at-
             tracted by the  indirect source.   Such determination may
             be made by using  traffic  flow characteristic guidelines
                            -18-

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             published  by  the  Environmental  Protection Agency which
             relate  traffic  demand  and capacity considerations  to am-
             bient carbon  monoxide  impact,  by  use of  appropriate at-
             mospheric  diffusion  models  (examples of  which are  refer-
             enced in Appendix 0  to Part 51  of this chapter), and/or
             by  any  other  reliable  analytic method.   The  applicant
             may (but need not) submit with his application, the re-
             sults of an appropriate diffusion model  and/or any other
             reliable analytic method, along with the technical data
             and information supporting  such results. Any such results
             and supporting  data  submitted  by  the applicant shall be
             considered by the Administrator in making his determina-
             tion pursuant to paragraph  (b) (4)  (i)  (b) of this sec-
             tion.

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

     (ii)    For highway  projects and parking  facilities  specified
             under paragraph (b)  (2) of  this section  which are  assoc-
             iated with airports, the requirements  and procedures
             specified  in  paragraphs (b) (4) and  (6)  (i)  and  (ii) of
             this section  shall be met.

(6)   (i)      For all highway projects subject  to  this paragraph,  the
             Administrator shall  not approve an  application  to  con-
             struct  or modify if he determines that the indirect source
             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-

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

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

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

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

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

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

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

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the applicant and to officials
             and agencies having cognizance over the location where
             the indirect source will be situated, as follows:   State
             and local air pollution control agencies, the chief exec-
             utive of the city and county;  any comprehensive  regional
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            land use planning agency;  and for highways, any local
            board or 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
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              (c)   Binding  commitments  by  the  owner or  operator  to  con-
                   struct,  modify,  or operate  the  indirect  source in
                   such  a manner as may be necessary to achieve  the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant to  paragraph
                   (b)  (4)  (ii) of  this section.

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

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40  FR 40160, Sept. 2, 1975)
                              -23-

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(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.
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(2)   (i)      For purposes of this  paragraph,  areas  designated  as  Class
             I or II shall  be limited to  the  following increases  in
             pollutant concentration occurring since  January 1,  1975:

             	Area  Designations	

                  Pollutant                      Class I       Class  II
                                                 (ug/m3)       (ug/m3)
             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
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        (c)   A  discussion  of the  reasons  for  the  proposed  redes-
             ignation  is available  for  public inspection at  least
             30 days prior to the hearing and the notice announc-
             ing the hearing contains appropriate notification of
             the availability of  such discussion, and

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

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

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

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

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

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

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

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

(v)     Nothing in  this section  is  intended to convey  authority
        to the States  over Indian Reservations where States  have
        not assumed such  authority  under other laws nor is it
        intended to deny  jurisdiction  which States have assumed
                       -26-

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        under  other  laws.   Where  a  State  has  not  assumed  juris-
        diction  over an  Indian  Reservation  the  appropriate  In-
        dian Governing Body may submit  to the Administrator a
        proposal  to  redesignate areas Class I,  Class  II,  or
        Class  III, provided that:

        (a)  The Indian  Governing Body  follows  procedures equiv-
            alent to those required of States  under  paragraph
             (c) (3) (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.
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                  (d)  Any  redesignation  proposed  pursuant  to  this  para-
                      graph  shall be  approved only after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies  and Indian  Governing Bodies and  from the
                      public on the proposal.

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

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

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

(d)   Review of new sources

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

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

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

(3)   In making the  determinations required by paragraph (d)  (2) of this
     section, the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site information,  plans, description, specifications, and drawings
     showing the design of the source;  information necessary to de-
     termine the  impact that the construction or modification will have
     on sulfur dioxide  and particulate matter air quality levels;  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-

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         Administrator) since January 1, 1975.

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

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

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

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

(e)   Procedures  for public participation

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

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

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

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

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

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

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

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

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

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

(f)   Delegation of authority

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

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

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

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

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

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