U.S. DEPARTMENT OF COMMERCE
                                   National Technical Information Service

                                   PB-290 301
Air Pollution  Regulations  in State
Implementation Plans:  Guam
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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                                          PB  290301
             United States
             Environmental Protection
             Agency
            Office of Air Quality
            Planning and Standards
            Research Triangle Park NC 27711
EPA-450/3-78-102
August 1978
             Air
SERA
Air Pollution  Regulations
in  State Implementation
Plans:
Guam
                      REPRODUCED 8V
                      NATIONAL TECHNICAL

                      INFORMATION SERVICE
                      U S DEPARTMENT OF COMMERCE
                        SPRINGFIELD, VA. 22161

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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-102
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implemen
•Plans: Guam
7. AUTHOR(S)

9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
3. RECIEJENT'S ACCESSIO(*NO.
f & £.40 3o I
5. REPORT DATE '
tation i August 1978
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
J5 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, T978, 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
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.lDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group

19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page) 22. PRICE p£, / /U, p
Unclassified f\  /flea/
EPA Form 2220-1 (9-73)

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                                EPA-450/3-78-102
          Pollution Regulations
in  State Implementation  Plans

                    Guam
                        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-450/3-78-102
                                  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
                                     GUAM
Submittal Date
   8/14/73
Approval/Pi sapproval
       Date
      2/25/74
Description
Chapters 1 and 3
Section Number
52.2676
      FEDERAL REGULATIONS
Description
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)
(4.0)
(3.0)
(13.0)
(9.0)
(51.13)
(50.1.1)
(50.1.3)
(51.9)
(50.6)
(8.0)
(50.2)
Revised Standard
Subject Index
Chapter
One
Two
Three
Four
Five
Six
Seven
Eight
Nine
Eleven
Twel ve
Thirteen
FEDERALLY
Section
STATE REGULATIONS
Title
Definitions
Ambient Air Quality Standards
Permits
Monitoring, Records and Reporting
Sampling and Testing Methods
Control of Open Burning
Control of Parti cul ate Emission from
Process Industries
Control of Fugitive Dust
Control of Particulate Emission from
Incinerator: Design and Operation
Control of Odors in Ambient Air
Air Pollution Emergencies
Control of Sulfur Dioxide Emissions
PROMULGATED REGULATIONS
Title
Page
1
3
5
11
12
13
15
17
18
19
20
23
Page
(17.0)
52.2676     Prevention of Significant
            Deterioration
                                                               25
                              VIII

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                                           CHAPTER  ONE

(1.0)       DEFINITIONS

           1.1    "Administrator"  shall  mean the  Administrator  of  the Air  Pollution Con-
           trol  Commission  or his designee.

           1.2    "Air contaminant" shall  mean  dust, fumes, mist,  smoke, other particulate
           matter,  vapor, gas, or any combination thereof.

           1.3    "Air pollution"  shall  mean the  presence  in  the outdoor atmosphere of one
           or more  air contaminants in such quantities  and duration as is or tends to be
           injurious to human health or welfare, animal or plant  life, property,  or
           interferes with  the enjoyment  of life or property.

           1.4    "Ambient air" means that portion of the  atmosphere external to buildings
           to which the general  public has access.

           1.5    "Existing  source" shall  mean  equipment,  machine,  devices,  articles, con-
           trivances or installations which are  in  existence on the effective date of
           these regulations;  except any existing  equipment,  machines, devices,  arti-
           cles, contrivances or  installations which are  modified after the effective
           date  of  these regulations.

           1.6    "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 transfer.

           1.7    "Fugitive  dust"  shall  mean solid air-borne  particulate matter emitted
           from  any source  other  than a flue or  stack.

           1.8    "Garbage"  shall  mean animal and vegetable matter such as that origin-
           ating in homes,  restaurants, and food service  and processing establishments.

           1.9    "Modify" shall mean any  physical change  in, or change in method  of
           operation of an  existing facility which  increases the  amount of  any air pol-
           lutant emitted by such source  or which results in the  emission of any  air
           pollutant not previously emitted except  that routine maintenance, repair and
           replacement shall not  be considered physical changes.

           1.10   "Multiple-chamber incinerator"  shall mean any article, machine,  equip-
           ment, contrivance, structure or part  of  a structure, used to dispose of com-
           bustible refuse  by burning and consisting of three  or  more refractory  lined
           combustion furnaces in series  which are  physically  separated by  refractory
           walls and interconnected by gas passage  points or ducts and employing  ade-
           quate design parameters necessary for maximum  combination of the material to
           be burned.

           1.11   "New source" shall mean  equipment, machines,  devices, articles,  con-
           trivances, or installations built or  installed on or after the effective
           date  of  these regulations, and installations existing  on the effective date
                                                -1-

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of these regulations which are later modified.   Any equipment moved to another
premise involving a change of address, or which is purchased and is to be
operated by a new owner, or which is to be operated by a lessee after the ef-
fective date of these regulations, shall  be considered a new source.

1.12  "Odor" shall mean those qualities of matter which make it perceptible
to the olfactory senses of man.

1.13  "Opacity" shall mean a state which renders material  partially or wholly
impervious to rays of light and causes obstruction of an observer's view.

1.14  "Open burning" shall mean the burning of any matter in such a manner
that the products of combustion resulting from the burning are emitted di-
rectly into the ambient air without passing through a stack, duct, or chimney
which is determined to be adequate by the Administrator.

1.15  "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 stan-
dard conditions.

1.16  "Person" shall mean any individual, corporation, partnership, firm
association, trust, estate, public or private institution, group, or agency,
political subdivision of this Territory or political subdivision or agency
thereof or any legal successor, representative, agent, or agency of the fore-
going.

1.17  "Refuse" shall mean any combustible waste material, trade waste or gar-
bage containing carbon in a free or combined state.

1.18  "Ringelmann chart" shall mean the chart, published and described in the
U.S. Bureau of Mines Information Circular 8333.

1.19  "Soiling index."  A measure of the soiling properties of suspended
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, ex-
pressed as COH's/1,000 linear feet.  "COH" shall mean coefficient of haze, a
unit of measurement of visibility interference.
                                     -2-

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(4.0)
                                           CHAPTER TWO
AMBIENT AIR QUALITY STANDARDS
           2.1   The following air quality standards  are  the  desirable  levels  of  ambient
           air  quality for the Territory of Guam.   Based on  the  present  knowledge,  these
           levels are not expected to produce health hazards or  impairment, injury  to
           agricultural  crops and livestock, damage  to or deterioration  of  property,
           and  hazards to air and ground transportation.
           2.2  AMBIENT AIR QUALITY STANDARDS
                                             1
                Pollutant
           Photochemical  oxidants


           Hydrocarbons


           Nitrogen oxides
                                Level not to exceed
                                  160 micrograms/m3
                                      (0.08 ppm)

                                  160 micrograms/m3
                                      (0.24 ppm)

                                  100 micrograms/m3
                                      90.05 ppm)
Remarks*
Sulfur oxides
Parti cul ate matter
Carbon monoxide
60 micrograms/m^
(0.02 ppm)
260 micrograms/itr
(0.1 ppm)
1 ,300 micrograms/nr
(0.5 ppm)
60 micrograns/m3
150 micrograms/m3
10 milligrams/m
(9 ppm)
40 milligrams/m3
(35 ppm)
a
b
f
c
b
d
e
           * Remarks

           a   Annual  arithmetic mean
           b  Maximum 24-hour concentration not to be exceeded more than once a year

           c  Annual  geometric mean

           d  Maximum 8-hour concentration not to be exceeded more than once a year
                                                -3-

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e  Maximum 1-hour concentration not to be exceeded more than once a year

f  Maximum 3-hour concentration not to be exceeded more than once a year
1

     These standards are the same as the existing National Secondary Ambient
Air Quality Standards.

2.3  All measurements of air quality are corrected to a reference temperature
of 25°C and to a reference pressure of 760 millimeters of mercury (1,013.2
millibar).

2.4  The promulgation of these ambient air quality standards shall not be
considered in any manner to allow significant deterioration of existing air
quality in any portion of the Territory of Guam.
                                      -4-

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                                         CHAPTER THREE

(3.0)      PERMITS

          3.1  Permits Required:

               (a)  PERMIT to CONSTRUCT

                    (1)  No person shall cause or allow the construction or modi-
          fication of any stationary source without first obtaining a Permit to
          Construct from the Administrator as to the location and design of such
          stationary source to comply with applicable regulations and ambient air
          quality standards.  This permit is for construction or modification only
          and shall be terminated upon completion of the project.

               (b)  PERMIT to OPERATE

                    (1)  No person shall cause or allow the operation of a new
          stationary source without obtaining a permit to operate from the Adminis-
          trator.  Application shall be made to the Administrator at least thirty
          (30) days prior to the anticipated date of operation.

                    (2)  No person shall cause or allow the use or operation of
          any existing stationary source without obtaining a permit to operate from
          the Administrator.

                    (3)  No owner or operator shall cause or allow the operation
          of a new or existing stationary source if the Administrator denies or
          revokes a permit to operate.

          3.2  Exemptions:

               Permits to construct and operate shall not be required for:

               (a)  The installation or alteration of an air contaminant detector,
          air contaminant recorder, combustion controller or combustion shutoff.

               (b)  Air conditioning or ventilating systems not designed to remove
          air contaminants generated by or released from equipment.

               (c)  Fuel burning equipment, other than  smokehouse generators,
          which uses gas as a fuel for space heating, air conditioning or heating
          water; or is used in a private dwelling or has a B.t.u. input of not more
          than 350,000 B.t.u. per hour; or is used for space heating, other than
          boilers and hot air furnaces.

               (d)  Steam generators, steam superheaters, water boilers, water
          heaters, and closed heat transfer systems that have a maximum gross heat
          input rate of less than 25 million BTU per hour, and are fired exclusively
          with one of the following:

                    (1)  Natural or synthetic gas
                                               -5-

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          (2)  Liquified petroleum gas

          (3)  A combination of natural, synthetic, and/or liquified
petroleum gas.

     (e)  Mobile internal combustion engines.

     (f)  Laboratory equipment used exclusively for chemical or physical
analyses.

     (g)  Other sources of minor significance specified by Administrator.

3.21.  Possession of approval to construct or modify or a permit to operate
shall not relieve any person of the responsibility to comply with the
applicable emission limitation or other regulations.

3.3  Applications:

     (a)  Application for Permit to Construct or Permit to Operate shall
be made by the source owner, operator, or other responsible person on
forms furnished by the Administrator, and shall be accompanied by two
copies of complete data, siting information including vicinity maps and
plot plans, the dimensions and boundaries of the buffer zone, plan descrip-
tions, specifications, drawings and other detailed information necessary
to determine how the new source or existing source is designed and in what
manner it will be operated and controlled.

     (b)  If the applicant is a partnership or group other than a corpo-
ration, the application shall be made by one individual who is a member of
the group.  If the applicant is a corporation; the application shall be
made by an officer of the corporation.  If the applicant is a political
subdivision or governmental agency of this territory, the application
shall be made by its Administrator, Director, or other responsible person.

     (c)  A separate application is required for each source.  To aid in
evaluating the source, supplemental applications may be required by the
Administrator.

     (d)  Each application shall be signed by the applicant.  The signature
of the applicant shall constitute an  agreement that the applicant will
assume responsibility for the construction, modification, and/or use of
the source concerned in accordance with the regulations.

3.4.  Standards for Approval, Conditional Approval, or Denial of
Permit Applications:

     (a)  APPROVAL

          The Administrator shall not approve an application for a Permit
to Construct or for a Permit to Operate unless the applicant shows, to
the satisfaction of the Administrator that:

          (1)  The source is designed and built and will be maintained
and operated so as not to violate any of the applicable regulations.
                                     -6-

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          (2)  The source is designed, built, equipped, operated and main-
tained in accordance with the latest available control  technology so as
to reduce emissions to a level  that is within permissible emission and
ambient air quality standards.

          (3)  The source will  not endanger the maintenance or attainment
of any applicable ambient air quality standard either through direct emis-
sions or due to indirect emissions resulting from activity associated with
the source.

          (4)  Adequate precautions  will be taken to prevent the emission
of fugitive dust and to prevent the violation of any ambient air quality
standard during construction of the source.

          (5)  The source has been constructed or modified and will be
operated and maintained in accordance with the requirements and conditions
contained in the Permit to Construct and the Permit to Operate.

     (b)  CONDITIONAL APPROVAL

          The Administrator may grant conditional approval to construct,
modify, or operate if it appears likely from the information  submitted in
the permit application, the source will satisfy the requirements of Section
3.4 (a), but testing, inspection or sampling is required to verify that
the requirements of Section 3.4 (a) are met and/or maintained.  To aid in
this verification, the Administrator may:

          (1)  Require the source owner or operator to provide such
facilities as are necessary for sampling and testing to determine the air
pollutants discharged into the atmosphere.  These sampling and testing
facilities may consist of the following:

             (a)  Sampling ports of a size, number and location as
specified by the Administrator.

             (b)  Safe access to each port.

             (c)  Instrumentation to monitor and record emission data.

             (d)  Any other sampling and testing facilities specified
by the Administrator.

          (2)  Require performance testing as outlined in Section 3.6.

          (3)  Make any necessary inspections, samples or tests.

          (4)  Specify conditions to be met which will bring the operation
of any source within the approval requirements.

     (c)  DENIAL

          (1)  The Administrator shall deny an application for a Permit
to Construct or for a Permit to Operate if:  The information submitted
shows that the source described in the application cannot meet the require-
ments of Section 3, 4 (a) or (b).
                                     -7-

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          (2)  The Administrator shall deny an application for a Permit
to Operate if the source has not been constructed or modified in accordance
with the approved application, plans, or other limiting conditions of the
Permit to Construct.

3.5  Action on Applications:

     (a)  Before acting on an application for a Permit to Construct or
for a Permit to Operate  the Administrator may require the applicant to fur-
nish additional information, plans or specifications.

     (b)  All complex sources require official notice of an application
for a Permit to Construct to afford opportunity for public comment.  In
addition, a public hearing may be held on any application for a Permit to
Construct a complex or point source  if requested by the Administrator.
Notices shall be by prominent advertisement and shall specify a location
at which the information submitted by the applicant, and the Agency's
analysis and proposed approval or disapproval is available for public in-
spection.  The notice shall allow at least a thirty (30) day period for
submittal of public comment.  The Administrator shall forward a copy of
all notices, all public comments, and the transcript of all hearings on
complex or point sources to the Region IX Office of the United States
Environmental Protection Agency.

     (c)  The Administrator shall act within ninety (90) days on an
application for a Permit to Construct and within sixty (60) days on an
application for a Permit to Operate and shall notify the applicant in
writing of his approval, conditional approval or denial of the application.
Should additional information, plans or specifications be requested, the
ninety (90) or sixty (60) day limitation will begin on the latest date of
receipt of requested data.

     (d)  Incomplete applications shall not be acted upon.

     (e)  If an application is conditionally approved or denied, the
Administrator shall set forth his reasons for conditional approval or denial
in a written notice to the applicant.

     (f)  The Administrator shall not further consider  the application
unless the applicant has complied with the objections or requirements
specified by the Administrator as his reasons for conditional approval or
denial of the permit application.

     (g)  The applicant may reapply if the facility is redesigned to attain
compliance with the Standards and Regulations.                         :

     (h)  The applicant may request the Administrator to reconsider the
application by submitting written evidence or information (in duplicate),
within thirty (30) days of the conditional approval or denial of the appli-
cation, which shows the source will comply with the Standards and Regu-
lations.

     (i)  The applicant may appeal the Administrator's decision to the
Board of Directors of the Agency within thirty (30) days after the con-
ditional approval or denial of the permit application.
                                    -8-

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     (j)  If the Administrator issues to the applicant a conditional
approval of the application, commencing work under a Permit to Construct,
or operating under a Permit to Operate shall be deemed acceptance by the
applicant of all conditions so specified.

3.6  Performance Testing:

     If required by the Administrator, the source owner or operator
shall conduct performance tests in order to determine compliance with
applicable Standards and Regulations in accordance with test methods
approved by the Administrator, the tests being made at the expense of
the applicant.  The Administrator may monitor performance tests conducted
by the applicant and may conduct additional performance tests.

3.7  Revoking of Permits:

     (a)  A Permit to Construct is revoked if the construction or modi-
fication is not begun within one year of the date of issuance, or if the
work involved in the construction or modification is suspended for one
year or more after the date of issuance, unless the applicant secures an
extension of the expiration date by written request to the Administrator
stating the reasons for the request.  Extensions may be granted in writing
for a period of not more than six months.

     (b)  The Administrator shall revoke a Permit to Construct if the
construction or modification is not in compliance with the approved appli-
cation, plans, or limiting conditions of the permit.

     (c)  The Administrator shall revoke a Permit to Operate for willful
or continued violation of the Standards and Regulations or permit con-
ditions.

     (d)  Revocation of a Permit to Construct or of a Permit to Operate
shall become final ten (10) days after service of notice on the holder of
the certificate.

     (e)  A permit to operate which has been revoked pursuant to these
regulations shall be surrendered forthwith to the Administrator.

3.8  Transfer of Permits:

     A Permit to Construct or a Permit to Operate shall not be trans-
ferrable, whether by operation of law or otherwise, either from one
location to another, from one piece of equipment to another, or from one
person to another.

3.9  Reporting  Information:

     No owner or operator shall cause or permit.the operation of
any source without furnishing such performance tests results, information,
and records as may be required by the Administrator in the applicable
regulations.

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 3.10   Responsibility  of the  Permit  Holder:

      Possession  of a  Permit  to  Construct  or a  Permit  to  Operate shall
 not relieve  any  person  of the  responsibility to  comply with  the applicable
 emission  limitations, permit conditions,  air quality  standards, or other
 regulations.

 3.11   Reporting  Discontinuance  or Dismantlement:

      It shall  be required of that person  to which  a Permit to Operate
 was issued to  report  to the  Administrator within thirty  (30)  days  of the
.discontinuance or dismantlement of  that article, machine, equipment, or
 other contrivance for which  the Permit to Operate  had been issued.   The
 Permit to Operate shall  then be surrendered forthwith to the  Administrator.

 3.12   Posting  of Permits:

      Upon granting an approval  for  a  Permit to Construct or  for a
 Permit to Operate, the  Administrator  shall  issue to the  applicant  a cer-
 tificate  referred to  as a Permit to Construct  or as a Permit  to Operate
 which shall  be posted in a conspicuous place at  or near  the  article,
 machine,  equipment or other  contrivances  for which the permit was  issued.

 3.13   Falsifying or Altering Permits:

      No person shall  deface, alter, forge,  counterfeit,  or falsify
 a  Permit  to  Construct or a Permit to  Operate.
                                     -10-

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                                         CHAPTER  FOUR

(13.0)      MONITORING,  RECORDS,  AND  REPORTING.

           4.1   The  Administrator may require   the  owner  or  operator  of  any  air
           contaminant  source  to install,  use,  and  maintain  such monitoring  equip-
           ment,  sample such emissions in  accordance with methods  as  the Administra-
           tor  shall  prescribe,  establish  and maintain  such  records,  and make  such
           periodic  emission reports as required  in Section  4.2.

           4.2   Records and reports  as the Administrator  shall  prescribe on
           air  contaminants or fuel  shall  be recorded,  compiled, and  submitted on
           forms  furnished by  the Administrator.  Reports will  be  required no  more
           frequently than monthly.

           4.3   In the  case of shutdown of air  pollution  control equipment for
           necessary scheduled maintenance, the intent  to shut  down such equipment
           shall  be  reported to  the  Administrator 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 contaminants
           likely to occur 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.

           4.4   In the  event that any emission  source,  air pollution  control
           equipment, or related facility breaks  down in  such a manner  as to
           cause the emission  of air contaminants in violation  of  this  chapter,
           the  person responsible for such equipment shall immediately   notify
           the  Administrator of such failure or breakdown and provide a  statement
           giving all pertinent  facts, including  the estimated  duration  of the
           breakdown.  The Administrator shall  be notified when the condition
           causing the  failure or breakdown has been corrected  and the  equipment
           is again  in  operation.
                                                -11-

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                                           CHAPTER  FIVE


(9.0)        SAMPLING  AND  TESTING  METHODS.

            5.1   All  sampling and testing  shall  be  made and the  result  calculated
            in accordance with  procedures  approved  by  the Administrator.

            5.2   The  Administrator may  conduct tests of emissions of air contami-
            nants from any  source.   Upon request of the Administrator the  person
            responsible for the source  to  be tested shall provide assistance as
            necessary, including  personnel, holes in stacks or ducts and such other
            safe  and  proper sampling and testing facilities, exclusive  of  instruments
            and sensing devices,  as  may be necessary for proper  determination of the
            emission  of air contaminants.
                                               -12-

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                                          CHAPTER SIX


(5.1.13)     CONTROL OF OPEN BURNING

           6.1  No person shall dispose of combustible refuse by open burning,  or
           cause, suffer, allow, or permit open burning of refuse including grass,
           weeds, wire, twigs, branches, insulation, vehicle bodies and their con-
           tents, paper, garbage, tires, waste material, tar products, rubber
           products, oil, and similar smoke producing materials within the terri-
           torial limits of Guam.  In areas where no public or commercial refuse
           collection service is available on the effective date of this regulation,
           open burning of refuse on residential premises or refuse originating
           from dwelling units on premises, shall be allowed provided such burning
           does not violate any existing laws of the Territory of Guam, until such
           refuse collection becomes available.

           6.2  Exceptions herefrom may be allowed upon application and approval
           by the Administrator provided the burning is not prohibited by, or is
           conducted in compliance with, other applicable laws, ordinances and
           regulations.  Exception to conduct open burning under the provision of
           this regulation does not excuse a person from the consequences, damages,
           or injuries which may result therefrom.  The following are exceptions
           for which application may be made:

                (a)  Fires purposely set for the purpose of prevention of a fire
           hazard which cannot be abated by any other means.

                (b)  Fires set for instruction in the method of fighting fires.

                (c)  Fires for ceremonial and recreational purposes.

                (d)  The burning of hydrocarbons which must be wasted through the
           use of atmospheric flares or open burning.

                (e)  Fires for prevention or control of disease or pests.

                (f)  Fires for the disposal of dangerous materials, where there is
           no alternate method of disposal.

                (g)  The burning of trees, brush, grass and other vegetable matter
           in clearing of land, right-of-way maintenance operations and agricultural
           crop burning is permitted under the following conditions.

                     (1)  The location of burning must not be within 500 feet of an
          • occupied residence other than those located on the property on which the
           burning is conducted.

                     (2)  The burning must not be conducted within 500 feet of any
           highway or road, except those privately owned and used, and in any event
           must be controlled so that a traffic hazard is .not created.

                     (3)  Oils, rubber or other similar materials which produce un-
           reasonable amounts of air contaminants may not be burned.
                                               -13-

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6.3  Nothing in this Section shall be construed to prohibit or make
unlawful the construction and use of barbecue pits, grills, or outdoor
fire places for the preparation of food for consumption by individuals,
nor shall any permit from the Administrator be required therefor.
                                    -14-

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                                           CHAPTER SEVEN


(50.1.1)     CONTROL OF PARTICIPATE EMISSION FROM PROCESS INDUSTRIES

            7.1   This regulation applies to any operation,  process, or activity
            except the burning of fuel  where the products of combustion do not
            directly contact process materials, except refuse burning and process
            burning of salvageable materials.

            7.2   No person shall cause, suffer, allow, or permit the emission
            of particulate matter in any one hour from any source in excess of the
            amount shown in Table I for the process weight rate allocated to such
            source.

            7.3   Process weight per hour is the total  weight of all materials
            introduced into any specific process that may cause any discharge 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.   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.

            7.4   Where the nature of any process or operation or the design of
            any  equipment is such as to permit more than one interpretation of this
            regulation,  the interpretation that results in the minimum value for
            allowable emission shall apply.

            7.5   For purposes of this regulation, the total process weight from
            all  similar  process units at a plant or premises shall be used for
            determining  the maximum allowable emission of particulate matter that
            passes through a stack or stacks.

            7.6   Exceptions.  A temporary operational  breakdown or cleaning of
            air  pollution control equipment for any process is permitted provided
            the  owner or operator immediately advises the Administrator of the
            circumstances and outlines  and acceptable corrective program.  In any
            event, no operation that may cause an immediate  public health hazard
            can  be deemed an exception  from this regulation.
                                               -15-

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                       TABLE I



PARTICULATE EMISSION ALLOWABLE BASED ON PROCESS WEIGHT
Process Weight
Rate
Lb/Hr
50
100
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
9M f
.36
9fj
.67
10.00
10.63
11.28
•• « nfi
n,89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00


                        -16-

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                                          CHAPTER EIGHT

(50.1.3)     CONTROL  OF  FUGITIVE  DUST

            8.1   No  person  shall  cause,  suffer,  allow, or  permit any materials to be
            handled,  transported,  or  stored;  or  a building,  its appurtenances, or a
            road  to  be  used,  constructed,  altered,  repaired  or demolished, without
            taking reasonable precautions  to  prevent  particulate matter from becoming
            airborne.   Such reasonable precautions  shall include, but not be limited
            to, the  following:

                 (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
            create 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
            transporting materials likely  to  become airborne;

                 (e)  Conduct of agricultural practices  such as filling of land,
            application of  fertilizers,  etc.  in  such  manner  as to not create a
            nuisance to others residing  in the area.

                 (f)  The paving of roadways  and their maintenance in a clean condition.

               .  (g)  The prompt removal of earth or  other material which has been
            transported to  a paved street  by  trucking, earth moving equipment,
            erosion,  landslide.

            8.2   No  person  shall cause or  permit the  discharge of visible emissions
            beyond the  lot  line  of the property  on  which the emissions originate.

            8.3   When dust, fumes, gases,  mist,  odorous  matter, vapors, or any
            combination thereof  escape from a building or  equipment in such a
            manner and  amount as to cause  a nuisance  or  to violate any regulation,
            the Administrator 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 air and gases  and air or gas-borne
            material  leaving the building  or  equipment are treated by removal or
            destruction of  air contaminants before  discharge to the open air.
                                               -17-

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                                          CHAPTER NINE


(51.9)      CONTROL OF PARTICULATE EMISSION FROM INCINERATOR: DESIGN AND OPERATION

            9.1  This regulation applies to any incinerator used to dispose of refuse
            by burning or the processing of salvageable material by burning.  Notwith-
            standing definitions in other regulations, as used in this regulation the
            word "refuse" includes garbage, rubbish, trade wastes, leaves, salvageable
            material and agricultural wastes.  The word "incinerator", as used in this
            regulation, includes incinerators, and other devices, structures, or
            contrivances used to burn refuse or to process refuse by burning.

            9.2  No person shall cause or permit to be emitted into the open air from
            any incinerator, particulate matter in the exhaust gasses to exceed 0.20
            pounds per 100 pounds of refuse burned.

            9.3  Emission tests shall be conducted at maximum burning capacity of the
            incinerator.

            9.4  The burning capacity of an incinerator shall be the manufacturer's
            or designer's guaranteed maximum rate or such other rate as may be
            determined by the Administrator in accordance with good engineering
            practices.  In case of conflict, the determination made by the
            Administrator shall govern.

            9.5  For the purposes of this regulation, the total of the capacities
            of all furnaces within one system shall be considered as the incinerator
            capacity.

            9.6  No residential or commercial single-chamber incinerator shall be
            used for the burning of refuse for a period in excess of eighteen (18)
            months after the adopted date of this regulation.

            9.7  All new incinerators and all existing incinerators within eighteen
            (18) months after adopted date of this regulation shall be multiple-chamber
            incinerators, provided that the Administrator may approve any other type
            of incinerator if it is demonstrated such design provides equivalent
            performance.

            9.8  Incinerators shall be designed and operated in such manner as is
            necessary to prevent the emission of objectionable odors.

            9.9  No person shall burn or cause, or permit the burning of refuse in
            any installation which was designated for the sole purpose of burning
            fuel.
                                               -16-

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                                       CHAPTER ELEVEN


(50.6)     CONTROL OF ODORS IN AMBIENT AIR.

          11.1  No person shall discharge into the atmosphere,  or cause to be
          discharged into the atmosphere, from any source whatsoever any quantity of
          odorous or gaseous emission, material, or air contaminant of any kind
          or description, which is injurious or detrimental  to repose, health and
          safety, or which in any way unduly interferes with or prevents the comfort-
          able enjoyment of life or property.

          11.2  An odor occurrence shall be deemed a violation when a complaint is
          received and verified by the Administrator.  The Administrator shall deem
          the odor occurrence a violation if he is able to make two odor measurements
          within one hour period, these measurements being separated by at least 15
          minutes.  An odor measurement shall consist of a detectable odor after the
          odorous air has been diluted with eight volumes of odor-free air.

          11.3  The odor of growing vegetation, chemical fertilizers and insecticides,
          shall not be considered objectional within the meaning of this regulation.
                                                -19-

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                                         CHAPTER TWELVE
(S.O)        AIR  POLLUTION EMERGENCIES
            12.1   Notwithstanding any other provision of the air pollution control
            regulations,  this episode regulation is designed to prevent the excessive
            buildup  of  air  contaminants during air pollution episodes, thereby pre-
            venting  the occurrence of an emergency due to the effects of these con-
            taminants on  the public health.

            12.2   Episode criteria.  Conditions justifying the proclamation of an
            air pollution alert, air pollution warning, or air pollution emergency
            shall  be deemed to exist whenever the Administrator determines that the
            accumulation of air contaminants in any place is attaining or has attained
            levels which  could, if such levels are sustained or exceeded, lead to a
            threat to the health of the public.  In making this determination, the
            Administrator will be guided by the following criteria:

                 (a)  Air pollution forecast by the Weather Bureau that a stagnant
            atmospheric condition is in effect.

                 (b)  "Alert":  The Alert level is that concentration of pollutants
            at which first  stage control action is to begin.  An Alert will be
            declared when any one of the following levels is reached at any monitoring
            site:

                 S02-—800  ug./m3 (0.3 p.p.m.), 24-hour average.

                 Particulate—3:0 COHs or 375 ug./m3, 24-hour average.

                 S02 and particulate combined—product of SOg—p.P.m. 24-hour average,
                    and COHs equal to 0.2 or product of SOg—ug/nn, 24-hour average, and
                    particulate ug./m3, 24 hour average equal to 65x103.

                 CO—17 mg/m3 (15 p.p.m.), 8-hour average.

                 Oxidant  (03)—200 ug./m3 (0.1 p.p.m.)-- 1-hour average

                 M02—1130 ug./m3 (0.6 p.p.m.), 1-hour average, 282 ug./m3 (0.15 p.p.m.)
                    24-hour average.

            and meteorological conditions are such that this condition can be expected
            to continue for twelve (12) or more hours.

                 (c)  "Warning":  The warning level indicates that air quality is
            continuing  to degrade and that additional abatement actions are necessary.
            A warning will  be declared when any one of the following levels is reached
            at any monitoring site:

                 502—1,600 ug./m3 (0.6 p.p.m.), 24-hour average.

                 Parti culate-—5.0 COHs or 625 ug./m3, 24-hour average.
                                               -20-

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  SCL and participate combined -- product of SCL p.p.m., 24-hour average
      and COHs equal to O.S.or product of SO? ug./nH, 24-hour average
      and particulate ug./m , 24-hour average equal  to 261  x 1CH.

  CO -- 34 mg./m  (30 p.p.m.), 8-hour average.
•   Oxidant  (03)  — 800  ug.  /m3  (0.4  p.p.m.),  1-hour average.

     N02—2,260  ug/m3  (1.2  p.p.m.)-  1-hour average; 565  ug/m   (0.3 p.p.m.)
         24-hour average.
and meteorological  conditions are such that this condition can be expected
to continue for twelve (12) or more hours.

     (d)  "Emergency":  The emergency level  indicates that air quality is
continuing to degrade to a level that should never be reached and that
the most stringent control actions are necessary.  An emergency will be
declared when any one of the following levels is reached at any monitoring
site:

  S02 — 2,100 ug./m  (0.8 p.p.m.), 24-hour average.

  Particulate -- 7.0 COHs or 875 ug./m , 24-hour average

  S02 and particulate combined — product of
      S02 p.p.m., 24-hour average and COHs equal to 1.2 or product of
      502 ug./m3, 24-hour average and particulate ug./m3, 24-hour
      average equal  to 393 x 10^.

  CO — 46 mg./m  (40 p.p.m.), 8-hour average.

  Oxidant (03) — 1,200 ug./m  (0.6 p.p.m.), 1-hour average.

  NO? — 3,000 ug./nT* (1.6 p.p.m.), 1-hour average; 750 ug./m
      (0.4 p.p.m.),  24-hour average.

and meteorological  conditions are such that this condition can be
expected to continue for twelve  (12) or more hours.

     (e)  "Termination":  Once declared,  any status reached by application of
these criteria will  remain in effect until  the criteria for that level  are no
longer met.   At such time the next lower status will  be assumed.

12.3  Declaration of air pollution emergency.  Air pollution emergency
shall be declared by the Director of Public Health and Social Services
and carried out pursuant to Public Law 10-74, Section 9960.12:

                Section 9960.12.  Emergency Procedures.
                (a)   Any other provisions of law to the contrary
                notwithstanding, if the Director of Public
                Health and Social Services finds that a general-
                ized condition of air pollution exists and that
                it creates an emergency requiring immediete
                action to protect human health or safety, the
                Director, with the concurrence of the Governor,
                shall order persons causing or contributing to
                                    -21-

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                the air pollution to reduce or discontinue immediately
                the emission of air contaminants, and such order shall
                fix a place and time, not later than twenty-four (24)
                hours thereafter, for a hearing to be held before the
                Air Pollution Control Commission.  Not more than
                twenty-four (24) hours after the commencement of such
                hearing, and without adjournment thereof,  the Air
                Pollution Control Commission shall affirm, modify
                or set aside the order of the Director.

                (b)  In the absence of a generalized condition of
                air pollution of the type referred to in Subsection
                (a), but if the Director finds that emissions from
                the operations of one or more air contaminant sources
                is causing imminent danger to human health or safety,
                he may order the person or persons responsible for
                the operation or operations in question  to reduce or
                discontinue emissions immediately, without regard to
                the provisions of Section 9960.11 of this  Act.   In
                such event, the requirements for hearing and affir-
                mance, modification or setting aside of orders  set
                forth in subsection (a) shall apply.

                (c)  Nothing in this section shall be construed to
                limit any power the Governor or any other  officer
                may have to declare an emergency and such  power is
                conferred by statute or constitutional provision
                or inheres in the officer.

12.4  Emission Reduction Plan.  The Administrator shall  take any of  the
procedures listed below or any others as he deems it necessary to reduce
air pollution at the alert, warning or emergency levels:

     (a)  There shall be no open burning by any persons of free wastes,
vegetation, refuse, or debris in any form.

     (b)  The use of incinerators for the disposal of any  form of solid
or liquid waste shall be limited to the hours as specified by the
Administrator, or prohibited depending on the concentration level of
pollutants.

     (c)  Persons operating motor vehicles should eliminate all unnecessary
operations.

     (d)  Electric power generating plants and any other oil-fired indus-
trial establishments shall use fuels having low ash and sulfur content of
1 percent or less.

     (e)  After consultation with Director of Public Health and Social
Services and subsequent concurrence of the Governor, the Administrator may
cease operation of any establishment in question including schools,  offices,
commercial and manufacturing establishments and' prohibit the use of motor
vehicles except in emergencies with the approval of Director of Public Safety.
                                    -22-

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                                       CHAPTER THIRTEEN

(50.2)       CONTROL  OF  SULFUR  DIOXIDE  EMISSIONS

            13.1  After three  (3) years from the effective date of this regulation,
            no  person shall cause or permit the emission of sulfur dioxide from any
            stationary  source  in excess of 2.81 pounds of sulfur dioxide per million
            Btu's  of heat  input to the installation.

            13.2  After  five  (5) years from the effective date of this regulation,
            no  person shall cause or permit the emission of sulfur dioxide from any
            stationary  source  in excess of 1.94 pounds of sulfur dioxide per million
            Btu's of heat input to the installation.

            13.3  If compliance with these standards  is to be accomplished by means
            of  controlled sulfur content of fuel,  the owner or operator of the
            source must provide certification  that the fuel meets the applicable
            specifications.

            13.4  If compliance with these standards  is to be accomplished by
            means of removal of sulfur dioxide from flue gases, the owner or
            operator of the source must provide for the necessary monitoring
            equipment,  and  sample such emissions in accordance with methods
            specified by  the Administrator.
                                               -23-

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FEDERALLY PROMULGATED
    REGULATIONS
          -24-

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(17.0)   52.2676    Prevention  of Significant Deterioration

           (b)  Definitions.   For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source is composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States  and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means  fabrication, erection or installation of a
                     stationary source.

                (7)  "Commenced" means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

            (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence  into the applicable implementation plans for various
                     States, as provided in Subparts B through ODD of this part.  Where
                     this paragraph is so  incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and  In-
                     dian Reservations located in such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then  only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this  paragraph.
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(2)   (i)      For purposes  of this  paragraph,  areas  designated  as  Class
             I  or II  shall  be limited  to  the  following  increases  in
             pollutant concentration occurring  since  January 1, 1975:

             	Area Designations	

                  Pollutant                      Class  I       Class  II
                                                 (ug/m3)       (ug/m3)


             Parti oil ate matter:
               Annual  geometri c 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
             in paragraph (c) (2) (i) of this section.

(3)  (1)     All areas are designated Class II as of the effective
             date of this paragraph.  Redesignation may be proposed  by
             the respective States, Federal  Land Manager, or Indian
             Governing Bodies, as provided below, subject to approval
             by the Administrator.

     (ii)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be  affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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        (c)  A discussion of the reasons for the proposed redes-
            ignation  is available for public  inspection at least
            30 days prior to the hearing and  the notice announc-
            ing  the hearing contains appropriate notification of
            the  availability of such discussion, and

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

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

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

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

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

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

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

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

(v)     Nothing in this section  is  intended  to convey  authority
        to the States  over Indian Reservations where  States  have
        not assumed such authority  under other laws nor is  it
        intended to deny jurisdiction  which  States  have assumed
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        under other laws.   Where a State has not assumed juris-
        diction over an Indian  Reservation  the appropriate In-
        dian Governing Body may submit to the Administrator a  .
        proposal  to redesignate areas  Class I, Class  II, or
        Class III,  provided that:

        (a)   The Indian Governing Body follows procedures equiv-
             alent  to those required of States under  paragraph
             (c)  (3) (11)  and,

        (b)   Such redesignation is proposed after consultation
             with the State(s)  in which the Indian Reservation
             is located or which border the Indian Reservation
             and, for those lands held in trust, with the approv-
             al of  the Secretary of the Interior.

(vi)     The  Administrator  shall approve, within 90 days, any re-
        designation proposed pursuant  to this subparagraph as
        follows:

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall be approv-
             ed unless the Administrator determines (1)  that the
             requirements  of subdivisions (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
                                  -29-

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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.
    (xiil)  Phosphate Rock Processing Plants.
    (xiv)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery Plants.
    (xvi)   Carbon Black Plants  (furnace  process).
    (xvii)  Primary Lead Smelters.
    (xvili) 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
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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-
             pro vability  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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