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
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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.
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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
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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.
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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
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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FEDERALLY PROMULGATED
REGULATIONS
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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
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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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