U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 302
Air Pollution Regulations in State
Implementation Plans: Puerto Rico
Abcor Inc, Wilmington, MA Walden Oiv
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
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PB 290302
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-103
August 1978
Air
v>EPA
Air Pollution Regulations
in State Implementation
Plans:
Puerto Rico
REPRODUCED BY
NATIONAL TECHNICAL
INFORMATION SERVICE
U. S. DEPARTMENT OF COMMERCE
SPRINGFIELD. VA. 22161
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-103
2.
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implemen
•Plans: Puerto Rico
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. RECIPIENT'S ACCESSION>NO.
V(3 ££ o ^a2j
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.
j
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b-IDENTIFIERS/OPEN ENDED TERMS C. COS AT I Field/Group
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page) 22. PRICE p£_ /'|-(F
Unclassified /-)<9rT /&z* \
EPA Form 2220-1 (9-73)
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EPA-450/3-78-103
Air Pollution Regulations
in State Implementation Plans
Puerto Rico
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-450/3-78-103
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
PUERTO RICO
Submittal Date Approval Date Description
1/3/75 9/11/75 Article 6
Note: Article 6 as it
applies to Aguirre, Barcel-
oneta, Trujillo, Alto Dorado
and Ensenada is disapproved
for the following facilities:
Puerto Rico Water Resources Authority - Aguirre Complex, Abbot,
Merck and Company, Bristol Meyers, Pfizer, Union Carbide, Upjohn,
located in the Barceloneta Air Basin, and Central Guanica, located
in the Aquada Air Basin. Accordingly, these sources, with the
exception of the Puerto Rico Water Resources Authority - Aguirre
Complex, are required to conform to the Sulfur in fuel limitations
contained in Article 6 of the 1/31/72 submittal.
Note: Sec H of Appendix A
of Article 6 is disapproved.
FEDERAL REGULATIONS
Section Number Description
52.2724 Review of New or Modified Indirect Sources
52.2725 General Requirements
52.2729 Prevention of Significant Deterioration
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TABLE OF CONTENTS
Revised Standard
Subject Index
(1.0)
(2.0)
(2.0)
(9.0)03.0)
04.0)
(7.0)03.0)
(8.0)
(2.0)
(2.0)
(3.0)
(6.0)
(2.0)
(2.0)
(2.0)
(3.0)06.0)
(15.0)
06.0)
PUERTO
Number
Article 1
Article 2
2.1
2.2
2.4
2.5
2.6
2.7
Article 3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
RICO
Title
Definitions
General Provisions
Generic Prohibitions
Source Monitoring, Record-
keeping, Reporting, Sampling
and Testing Methods
Emission Data Available to
Public; Presentation
Malfunction of Equipment;
Reporting
Air Pollution Emergencies
Atmospheric Pollution Control
Equipment
Administration
Permits to Construct and
Operate Emission Sources
Compliance Plans for
Existing Sources
Location Approval For Major
Sources
Dispensations
Revision of Applicable
Rules and Regulations
Applications, Hearings,
Notice
Punishment
Mandatory Periodic Hearings
Page
1
1
3
4
5
5
6
9
9
10
16
18
20
22
23
24
on Regulation
24
VI
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Revised Standard
Subject Index
(51.13)
(2.0)
(51.13)
(51.13)
(51.13)
(51.13)
(50.1)
(50.1.2)
(50.1)
(51.9)
(51.5)
(50.1.1)
(50.2)
(51.6)
(50.4)
(51.16)
(51.21)
(50.4)
(50.4)
Number
Article 4
4.1
4.2
4.3
4.4
4.5
Article 5
5.1
5.2
5.3
5.4
5.5
Article 6
6.1
Article 7
7.1
7.2 .
7.3
7.4
Title
Open Burning
Previous Authorization
Required
Open Burning Plans As
Authorization
Hazardous or Objectionable
Open Burning
Certain Open Burning
Prohibited
Flares For Safety or
Pollution Control
Control of Parti cul ate
Emissions
Visible Emissions
Fugitive Dust
Incineration
Fuel Burning Equipment
Process Industries -
General
Control of Sulfur Compound
Emissions
Fuel Combustion
Control of Organic Compounds
Emissions
Storage of Volatile Organic
Compounds
Waste Gas Disposal
Organic Solvents
Volatile Organic Compounds
Page
26
26
26
27
27
27
28
28
28
29
30
30
33
33
36
36
36
37
and Organic Solvents Defined 37
VII
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Revised Standard
Subject Index
(50.6)
(2.0)
(50.7)
(2.0)
(2.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(10.0)
(14.0)
(17.0)
Number Title
Article 8 Odors In The Atmosphere
Article 9 Additional Provisions
9.1 Public Nuisance
9.2 Overlapping or Contradictory
Provisions
9.3 Derogation
9.4 Separability Clause
9.5 Effectiveness
FEDERALLY PROMULGATED REGULATIONS
Section
Number Title
52.2724 Review of New or Modified
Indirect Sources
52.2725 General Requirements
52.2729 Prevention of Significant
Page
38
39
39
39
39
39
39
Page
54
64
Deterioration
65
VIM
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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
IX
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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
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(1.0) ARTICLE 1 - DEFINITIONS
Air Pollutant - Dust, fumes, mist, smoke, other particulate matter,
vapor, gas, odorous substances, or any combination thereof, but not
including uncombined water vapor.
Air Pollution - The presence in the outdoor atmosphere of one or more
air pollutants in such quantities and duration as is or could be
injurious to human health or welfare, animal or plant life, or property,
or which interferes with the enjoyment of life or property.
Applicable Rules and Regulations - See Section 2.1.
Atmospheric Pollution Control Equipment - Any process, equipment, device,
and all appurtenances thereto, used for eliminating, reducing, or control-
ing the emission of any air pollutant.
Board - The Environmental Quality Board of the Commonwealth of Puerto
Rico.
Burning or Incineration - The complete or incomplete combustion of any
material.
Clean Air Date - The date, fixed pursuant to the U.S. Clean Air Act, by
which Puerto Rico is required to attain compliance with a national pri-
mary or secondary ambient air quality standard. If a source is subject
to a postponement or extension granted by the U.S. Government pursuant
to the Act, the clean air date for that source is the date on which, such
postponement or extension terminates. The Board may from time to time
adopt resolutions setting forth the clean air date(s) as so fixed by the
U.S. Government pursuant to the Act. In the absence of such a resolu-
tion, the clean air date is April 30, 1975; except that, with respect
to any additional restriction resulting from a new or revised national
ambient air quality standard that becomes effective after April 30, 1972,
the clean air date is three years after the effective date of such new
or revised standard.
Emission - The act of releasing or discharging air pollutants into the
ambient air from any source.
Existing Source - Any stationary source other than a new or modified
source
Fuel Burning Equipment - 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.
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Fugitive Dust - Solid airborne particulate matter emitted from any
source other than through a stack.
Incinerator - Any equipment, apparatus, and all appurtenances thereof,
used for the burning or incineration of garbage or other combustible
waste.
Major Source - Any existing source that emits or may emit more than
1,000 tons per year of S02 or of particulate matter, and any new or
modified source that emits or may emit more than 300 tons per year of
S0£ or of particulate matter. For purposes of this definition, all
air pollutants emitted from each parcel of land or place of business
or other establishment shall be treated as coming from one source. Any
modification of a source shall itself be considered a major source if
it increases the emission of S0£ or particulate matter by 300 tons per
year or more.
Modification - Any physical change to or change in the method of opera-
tion of a stationary source which increases the amount of any air pollu-
tant emitted by such source or which results in the emission of any air
pollutant not previously emitted. Routine maintenance, repair, and
replacement shall not be considered physical changes.
New or Modified Source - Any stationary source, the construction or
modification of which is commenced after the effective date of this
Regulation or of any relevant revision of applicable Rules and Regula-
ti ons.
Opacity - A state which renders material partially or totally impervious
to light or to the vision of an observer.
Open Burning - Burning or incineration of material not confined in
enclosure designed for essentially complete combustion.
Particulate Matter - Any material in solid or liquid form sufficiently
subdivided into small particles as to be susceptible to dispersion and
suspension or to be carried by currents of air or other gases, except
water in its uncombined state.
Person - Any person, natural or juridical, or group of persons private
or public, including agencies, government bodies, municipalities and
public and quasi-public corporations.
Process Source - A source from which emissions are, in whole or in part,
the result of a manufacturing process that produces a chemical change in
any of the materials involved in that process.
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Refuse - All waste material, including (but not limited to) garbage,
rubbish, incinerator residue, street sweepings, dead animals, and
animal wastes.
Ringelmann Chart - The chart published and described in U.S. Bureau of
Mines Information Circular 8333 or any chart, recorder, indicator or
device which the Board may approve as the equivalent of such chart.
Source - Any property, real or personal, which emits or may emit any
air pollutant.
Stack - Any chimney, flue, conduit, or duct arranged to conduct emissions
to the ambient air.
(2.0) ARTICLE 2 - GENERAL PROVISIONS
(2.0) 2.1 Generic Prohibitions
2.1.1 No person shall cause or permit air pollution as defined
in Article 1.
2.1.2 No person shall cause or permit the emission of any air
pollutant in violation of applicable Rules and Regulations:
A. Such Rules and Regulations include:
1. Emission limitations and all other requirements
established by this Regulation or by other laws or
regulations of the Commonwealth of Puerto Rico;
and
2. "Performance standards for new stationary sources,"
"National emission standards for hazardous air
pollutants," and any other requirements established
by the United States Government pursuant to the
Clean Air Act as amended.
B. Moreover, such Rules and Regulations shall be deemed to
prohibit any emission that, in the judgment of the Board,
prevents or interferes with attainment or maintenance of
applicable ambient air quality standards, including:
1. Any such standards established by this Regulation'or
by other laws or regulations of the Commonwealth of
Puerto Rico; and
2. "National primary and secondary ambient air quality
standards" established by the United States Govern-
ment pursuant to the Clean Air Act as amended.
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2.1.3 No person shall install or cause the installation or use
of any device or fuel additive or any means which, without
resulting in reduction in the total amount of air pollutant
emitted, conceals or dilutes an emission of air pollutant
which would otherwise violate applicable Rules and Regula-
tions. This subsection 2.1.3 shall not prohibit the con-
struction or enlargement of stacks; nor shall it prohibit
the increasing of emission velocities; nor shall it pro-
hibit the use of any fuel additive the use of which is
required by any other law, regulation, standard, or limit
established by any duly constituted governmental authority
having jurisdiction.
(9.0) 2.2 Source Monitoring, Record Keeping, Reporting, Sampling and Testing
(13.0) Methods
2.2.1 The Board may require the owner or operator of any source
to install, use, and maintain such monitoring equipment,
sample such emissions, sample such ambient air quality,
establish and maintain such records, and make such periodic
reports as the Board shall prescribe. For each major source,
moreover, the Board shall at minimum require the owner or
operator, at his own expense, to (a) sample ambient air
quality, and (b) either sample emissions from each stack or
provide an equivalent determination acceptable to the Board.
2.2.2 Representatives of the Board, upon presentation of their
credentials,
1. Shall have right of entry to, upon, or through any
premises in which a source is located or in which any
records required to be maintained under this Regulation
are located, and
2. May at reasonable time have access to and copy any records,
inspect any monitoring equipment or method to determine
its accuracy, and sample any emissions or air quality
which the owner or operator of such source is required
under this Regulation to sample.
2.2.3 All tests shall be made and the results calculated in
accordance with test procedures approved by the Board. All
tests shall be made under the direction of an engineer or
chemist licensed to practice the profession in Puerto Rico.
2.2.4 All records and reports required pursuant to this Regula-
tion shall be submitted on forms prescribed by the Board
and shall be submitted together with a sworn statement or
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affidavit of the corporate President, of a Vice President
reporting directly to the President, or of the highest
ranking corporate officer with offices in Puerto Rico; or
of an equivalently responsible officer in the case of
organizations other than corporations. Such sworn state-
ment or affidavit shall attest to the truth, correctness,
and completeness of such records and reports.
2.2.5 Emissions of particulate matter, sulfur oxides, and nitrogen
oxides shall be expressed as follows: in pounds per hour
or kg. per hour and pounds per million B.T.U. or gm. per
million gm.-cal. of heat input for fuel-burning equipment;
in pounds per hour or kg. per hour and pounds per 100 pounds
or gm. per kg. of refuse burned for incinerators; and in
pounds per hour or kg. per hour or tons per year or tons
per day or in terms of some other easily measured and mean-
ingful process unit specified by the Board.
2.2.6 The Board may conduct tests of emissions of air pollutants
from any source. Upon request of the Board, the person
responsible for the source to be tested shall provide
necessary ports in stacks or ducts and such other safe and
proper sampling and testing facilities (but not including
instruments and testing devices except when required pur-
suant to other provisions of the Regulation) as may be
necessary for proper determination of the emissions of air
pollutants.
2.3 (Reserved)
(14.0) 2.4 Emission Data Available to Public; Presentation
2.4.1 All emission data obtained by the Board, including data
reported pursuant to Section 2.2 and data obtained in any
other way, shall be available for public inspection and may
also be made available to the public in any additional ways
that the Board may deem appropriate.
2.4.2 All such emission data shall be presented in such a manner
as to show the relationship between measured or estimated
emissions and the emissions allowable under applicable Rules
and Regulations.
7.0) 2.5 Malfunction of Equipment; Reporting
13.0)
2.5.1 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 Board at least
24 hours prior to the planned shutdown. Such prior notice
shall include, but is not limited to the following:
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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 con-
trol equipment will be out of service.
C. The nature and quantity of emissions of air pollutants
likely to be emitted during the shutdown period.
D. Measures such as the use of off-shift labor and equip-
ment 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.
2.5.2 In the event that any emission source, air pollution con-
trol equipment, or related facility breaks down in such a
manner as to cause the emission of air pollutants in viola-
tion of applicable Rules and Regulations, the person respon-
sible for such equipment shall immediately notify the Board
of such failure or breakdown and provide a statement giving
all pertinent facts, including the estimated duration of
the breakdown. The Board shall be notified when the con-
dition causing the failure or breakdown has been corrected
and the equipment is again in operation. Upon request of
the Board, this notification shall be followed by a written
report of the incident. This report shall include specific
data concerning the affected equipment, date and hour of
the occurrence, causes of the malfunction, and corrective
measures taken.
(8.0) 2.6 Air Pollution Emergencies
This regulation is designed to prevent the excessive buildup of
air pollutants during air pollution episodes, thereby preventing
the occurrence of an emergency due to the effects of these pollu-
tants on the health of persons.
2.6.1 Episode Criteria
The Board shall publicly announce the existence of an air
pollution alert, air pollution warning, or air pollution
emergency whenever the Board determines that the accumula-
tion of air pollutants in any place i? attaining or has
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attained levels which could, if such levels are sustained
or exceeded, lead to a substantial threat to the health of
persons. In making this determination with respect to S02
and particulate matter, the Board will be guided by the
following:
A. "Air Pollution Forecast". An internal watch by the
staff of the Board shall be actuated by a National
Weather Service advisory that Atmospheric Stagnation
Advisory is in effect or the equivalent local fore-
cast of stagnant atmospheric conditions.
B. "Alert" The Alert level is that concentration of pol-
lutants at which first stage control actions 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 (0.28 p.p.m.), 24-hour average.
-Particulate - 3.0 COHs or 375 ug/m3, 24-hour average.
-S02 and particulate combined - product of S02 p.p.m.,
24-hour average, and COHs equal to 0.2, or product of
S02 ug/nr, 24-hour average, and particulate ug/m3,
24-hour average equal to 65 x 103,
and meteorological conditions are such that pollutant
concentrations can be expected to remain at the above
levels for 12 or more hours or increase unless control
actions are taken.
C. "Warning" The warning level indicates that air quality
is continuing to degrade and that additional control
actions are necessary. A warning will be declared when
any one of the following levels is reached at any moni-
toring site:
-S02 - 1600 ug/m3 (0.56 p.p.m.), 24-hour average.
Particulate - 5.0 COHs or 625 ug/m3, 24-hour average.
-SO^ and particulate combined - product of S02 p.p.m.,
24-hour average and COHs equal to 0.8, or product of
S02 ug/m3, 24-hour average and particulate ug/m3.
24-hour average equal to 261 x 103,
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and meteorological conditions are such that pollutant
concentrations can be expected to remain at the above
levels for 12 or more hours or increase unless control
actions are taken.
"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 - 2100 ug/m3 (0.73 p. p.m.), 24-hour average.
-Particulate - 7.0 COHs or 875 ug/m3, 24-hour average.
-S02 and particulate combined - product of SOz p. p.m.,
24-hour average and COHs equal to 1.2, or product of
S02 ug/m3, 24-hour average and particulate ug/m3,
24-hour average equal to 393 x 10 ,
and meteorological conditions are such that this condi-
tion can be expected to continue for 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.
2.6.2 Emission Reductions
A. When the Board declares an air pollution alert, warn-
ing, or emergency, and determines that such condition
requires immediate action for the protection of the
health of human beings, the Board will order persons
causing or contributing to the atmospheric pollution
to reduce their emissions in order to eliminate such
condition, or to discontinue immediately the emission
of pollutants.
B. Orders issued by the Board pursuant to this article
will not be subject to hearings prior to compliance.
C. All persons responsible for a source shall, when re-
quested in writing by the Board, have available an
emergency plan which must be consistent with adequate
industrial and safety practices, and which provides for
the reduction or retention of the emissions in the plant
during periods classified by the Board as air pollution
alerts, warnings, or emergencies. These plans will
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include source of pollution, the reduction to be
accomplished, and how such reduction will be accomp-
lished. These plans will be available to any re-
presentative of the Board at any time.
(2.0) 2.7 Atmospheric Pollution Control Equipment
A. All air pollution control equipment shall provide the
necessary control for compliance with applicable Rules
and Regulations. It shall be installed, maintained,
and operated in a reasonable and satisfactory manner
and in accordance with the specifications of the manu-
facturer and of the Board.
B. All material shall be removed at the intervals required
for the maintenance of operational efficiency required
of each air pollution control device. In case the col-
lected material is to be disposed of, such disposal shall
be in accordance with applicable Rules and Regulations.
The removal, manipulation, transportation, storage or
disposal will be done so as not to produce environmental
degradation.
(2.0) ARTICLE 3 - ADMINISTRATION
(3.0) 3.1 Permits to construct and operate emission sources
3.1.1 Permits to construct new or modified sources
No person shall construct or cause the construction of any
new or modified source (as defined in Article 1) without
first obtaining a permit from the Board.
A. Applications
1. Each application for a permit to construct a new
or modified source shall be signed by the owner or
operator thereof. This signature shall constitute
an agreement that the applicant will assume respon-
sibility for the construction or operation of the
source in accordance with applicable Rules and
Regulations and will notify the Board in writing
of the start-up of operation of such source.
2. Each application shall include detailed plans and
specifications of the source, including (but not
limited to) the location, height of the emission
points, fuel used, process details, concentration
and duration of emissions, and details about the
atmospheric pollution control measures and equip-
ment to be installed and constructed to comply with
applicable Rules and Regulations.
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3. Each application for a major source shall include
certification by an engineer or chemist licensed to
practice the profession in Puerto Rico. Such cer-
tification shall indicate that the equipment or
measures for the control of the proposed emissions
are or are not, as the case may be, adequate to com-
ply with applicable Rules and Regulations. The
certification shall also include the results of
any tests or other data which indicate that the
emissions will or will not exceed the limits estab-
lished by such Rules and Regulations.
B. Standards for Granting Permit to Construct
No permit to construct a new or modified source shall
be granted unless the applicant shows both of the
following to the satisfaction of the Board:
1. That the source will operate without causing a vio-
lation of applicable Rules and Regulations, and
2. That air pollutant emissions by the source will be
limited by means of the best system of emission
reduction which (taking into account the cost of
achieving such reduction) has been adequately demon-
strated.
C. Action on Applications
Within 60 days after receipt of a complete application
for a permit to construct a new or modified source, the
Board shall grant or deny the application. However, if
a public hearing is held on an application, the Board
shall grant or deny the application within 30 days after
conclusion of the hearing. With the consent of the appli-
cant, the 60-day period may be extended.
D. Conditions on Permit
The Board may impose any reasonable conditions upon a
permit.
E. Lapse and Revocation of Permit
1. Each permit to construct shall automatically lapse,
one year after the date of its issuance, unless the
construction (or modification) has then begun.
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2. The Board may revoke a permit at any time if work
is suspended for one year or is otherwise not
diligently pursued to completion.
3.1.2 Permit to Operate
A. Permits Required
1. No person shall operate or cause the operation of
a stationary source without applying to the Board
for a permit to operate. Application for a permit
to operate a new or modified source shall be made
at least 30 days prior to start-up of operation.
Application for a permit to operate an existing
source shall be made on or before December 14, 1971.
2. No person shall operate or cause the operation of
a source if the Board denies, suspends, or revokes
a permit to operate.
B. Applications
Application for a permit to operate a new or modified
source shall be made by the owner or operator thereof
on forms furnished by the Board. Application for a per-
mit to operate an existing source shall comply with
the requirements of paragraph 3.1.1(A).
C. Standards for Granting Permits
No permit to operate shall be granted unless the appli-
cant shows to the satisfaction of the Board that the
source is in compliance with applicable Rules and Regu-
lations and, in the case of a new or modified source,
also in compliance with the terms of a valid permit to
construct.
D. Performance Testing
Before a permit to operate is granted, the applicant,
if required by the Board, shall conduct performance tests
in accordance with methods approved by the Board. Such
tests shall be made at the expense of the applicant.
The Board may monitor such tests and may also conduct
performance tests.
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E. Action on Applications
1. On an application for a permit to operate a new
or modified source, the Board shall grant or deny
the application within 60 days after receipt of the
applicant's notice of start-up. However, if a
public hearing is held on an application, the Board
shall act within 30 days after conclusion of the
hearing. With the consent of the applicant, the
60-day period may be extended. On an application
to operate an existing source, the Board shall act
within a reasonable time.
2. Any permit granted to operate a source shall be
valid for the period determined by the Board, but
not to exceed 5 years. At least 60 days before the
expiration of a permit to operate, the owner or
operator shall again file application for a permit
to operate such source. The Board shall thereafter
take action on such application, applying the Rules
and Regulations applicable at the time of its action.
F. Conditions on Permit
The Board may impose any reasonable conditions upon a
permit.
G. Suspension or Revocation of Permit
1. The Board may suspend or revoke a permit to operate
for violation of applicable Rules and Regulations.
2. Suspension or revocation of a permit to operate
shall become final 10 days after service of notice
on the holder of the permit, subject to the rights
of public hearing and appeal as provided by law.
3. A permit to operate which has been revoked pursuant
to these regulations shall be surrendered forthwith
to the Board.
H. Transfer of Permit
The holder of a permit may not transfer it without the
prior written approval of the Board.
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3.1.3 Exemptions
Neither a permit to construct nor a permit to operate are
required for:
A. Vehicles, as defined in Law 141 of June 20, 1960 as
amended; nor for air or maritime transports.
B. The equipment described below:
1. Air conditioning and ventilation systems installed
for comfort and not for the removal of general pol-
lutants produced by, or escaping from, specific
units, or items of equipment.
2. Refrigeration units, except those used with, or in
conjunction with, atmospheric pollution control
equipment.
3. Internal combustion engines having a piston displace-
ment of less than twenty-two cubic inches.
4. Operational equipment for laboratories which does
not remove or carry pollutants from another source.
5. Water-cooling towers and pools except those used
for cooling by evaporation of the waters of indus-
trial processes or for the cooling by evaporation
of the water of barometric spouts.
6. Equipment utilized exclusively for steam cleaning.
7. Automatic feed presses, and other types of presses
which use only inks having a content of less than
ten (10) percent of organic solvents, diluents,
and thinners.
8. Tanks, containers, and pumping equipment used
exclusively for the storage or supply of:
a. Sulfuric acid in a concentration of 99% or less
by weight.
b. Phosphoric acid in a concentration of 99% or
less by weight.
c. Nitric acid in a concentration of 70% or less
by weight.
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9. Crucibles or hard coal ovens, or sets of these,
used for melting metals, with a maximum cumulative
capacity of 450 cubic inches.
10. Equipment utilized exclusively for wax melting or
coating, and which does not use organic solvents,
diluents, or thinners.
C. The equipment described below, and the escape or col-
lection systems used exclusively with said equipment:
1. Equipment for cleaning by blasting which uses
abrasives in an aqueous suspension.
2. Ovens and mixers of which the products are edible
and for human consumption and which work on gaseous
fuels or electricity.
3. Kilns used for ceramic products, and heated exclu-
sively by gaseous fuels, electricity or any com-
,bination of these.
4. Laboratory equipment used exclusively for chemical
or physical analyses.
5. Generators of artificial atmosphere utilized in
conjuction with the processes of heat treatment of
metals.
6. Photo processing equipment by means of which an image
is produced on sensitive material, or radiant energy.
7. Equipment utilized for the surface conditioning,
cleaning, or slicing of metals, using aqueous solutions.
8. Equipment utilized for the washing or drying of pro-
ducts made of metal or glass, as long as no solid
fuels or oil are burned.
9. Household laundry dryers, extractors, or tumblers
utilized for cleaning cloth, using aqueous solutions
of bleaches or detergents.
D. Steam generators, steam oven-heaters, and cauldrons,
heated only by gaseous fuels.
E. Fans, chimneys or ventilators intended to provide
natural ventilation.
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F. Containers, reservoirs, and tanks utilized exclusively
for:
1. Immersion operations for covering objects with oil,
meat or fats, and where no organic solvents,
diluents, or thinners are used.
2. Immersion operations for covering with natural or
synthetic resins which do not contain organic sol-
vents.
3. Storage without heating of organic materials having
a boiling temperature of 300°F or more.
4. Storage of lubricating oil.
5. Etching
6. Storage of gasoline, diesel fuel, kerosene, acetone,
alcohol, and similar organics, but only in under-
ground tanks having a capacity of less than 10,000
gallons each.
6. Vacuum cleaning systems used exclusively in the main-
tenance and cleaning of industrial, commercial or resi-
dential establishments.
H. Structural changes which cannot alter the quality,
nature, or quantity of pollutant emissions.
I. Repairs or maintenance operations which do not involve
structural changes in any equipment for which authori-
zation is required.
J. The identical substitution, in whole or in part, of
any article, machine, equipment or other device for
which prior approval has been granted in accordance
with this article.
3.1.4 Continuing Responsibility For Compliance
Possession of a permit to construct or a permit to operate
shall not relieve any person of the responsibility to com-
ply with applicable Rules and Regulations.
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(6.0) 3.2 Compliance Plans For Existing Sources
3.2.1 Individual Compliance Plans Authorized
Any existing source not in compliance with applicable Rules
and Regulations on their effective date shall be in com-
pliance within 180 days of such date unless the owner or
operator of the source shall have submitted a proposed com-
pliance plan and applied to the Board for its approval.
Nevertheless, in case of Rules and Regulations whose effec-
tive date is prior to July 1, 1972, any such existing source
shall be in compliance by July 31, 1972 unless the owner or
operator of the source shall have submitted a proposed com-
pliance plan and applied to the Board for its approval.
3.2.2 Pre-Application Conference
Before submitting a compliance plan for approval, the
applicant or his authorized agent shall first confer in
person with the Board or its staff.
3.2.3 Notice of Intention to Submit Compliance Plan For Major Source
If a compliance plan pertains to a major source (as de-
fined in Article 1), the applicant shall cause to be pub-
lished a notice of his intention to submit the plan for
approval. Such notice shall be published, at the expense
of the applicant, at least once in two of the newspapers
of largest circulation on the island. The form of such
notice shall be as prescribed by the Board. The notice
shall inform the public that the Board may, in its discre-
tion, hold a public hearing on the plan and shall request
any information that may aid the Board in determining
whether a hearing should be held.
3.2.4 Application
A. Each application for approval of a proposed compliance
plan shall be signed by the owner or operator of the
source.
B. If the proposed plan pertains to a major source, the
application shall be accompanied by suitable evidence
of publication of the notice required by subsection
3.2.3.
C. Each proposed plan shall fix a compliance date, on or
before which compliance will be attained.
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D. Each proposed plan shall indicate the atmospheric
pollution control equipment that will be installed, or
other measures that will be taken, to attain compliance
by that date.
E. Each proposed plan shall establish a schedule for the
completion of engineering, procurement, fabrication,
installation, and adjustment of any atmospheric pol-
lution control equipment required to carry out the plan.
F. Each proposed plan shall include provision for periodic
reports, at least semiannually, to demonstrate continu-
ing compliance with the terms of the plan.
3.2.5 Standards For Granting Approval of Compliance Plan
No compliance plan shall be approved unless the applicant
shows to the satisfaction of the Board:
A. That the plan provides for compliance as expeditiously
as practicable.
B. That the source will be in compliance with all appli-
cable Rules and Regulations on or before the clean air
quality standards (as defined in Article 1).
C. If the plan fixes any compliance date more than 18
months after the date of plan approval, that the plan
provides for periodic increments of progress.
D. That the plan provides for periodic reports to the
Board to demonstrate continuing compliance with the
terms of the plan.
3.2.6 Action on Compliance Plan
A. The Board shall act on each proposed compliance plan
within a reasonable time.
B. Any plan approved by the Board shall be deemed to
authorize operation of the source, in compliance with
the terms of the plan, until the compliance date fixed
by the plan. At least 60 days before that compliance
date, the owner or operator shall file application for
a permit to operate, and the Board shall act thereon
as provided in subsection 3.1.2 of this Regulation.
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C. No person shall operate or cause the operation of a
source if the Board disapproves, or suspends or revokes
its approval of, a compliance plan submitted for that
source.
3.2.7 Conditions of Plan Approval
The Board may impose any reasonable conditions upon its
approval of a compliance plan.
3.2.8 Revocation of Approval of Compliance Plan
A. The Board may suspend or revoke its approval of a
compliance plan for failure to comply with any of
the terms of the plan.
B. Suspension or revocation of approval of a compliance
plan shall become final 10 days after service of
notice on the owner or operator of the source, subject
to the rights of public hearing and appeal as provided
by law.
(2.0) 3.3 Location Approval For Major Sources
3.3.1 Location Approval Required
After January 1, 1973, the Board shall not grant a permit
to construct a major source (as defined in Article 1) at
any site except pursuant to a valid Location Approval, per-
taining to that site. The Board may grant such Location
Approval only in accordance with this section.
3.3.2 Application For Location Approval
A. An application for Location Approval shall include a
draft Environmental Impact Statement, which shall sat-
isfy the requirements of Section 4(2)(C) of the Public
Policy Environmental Act and of implementing Guidelines
issued by the Board. Such Statement shall include con-
sideration of alternative locations for the proposed
construction.
B. A Commonwealth agency or public corporation may include,
in a single application, one or more sites that the
agency or corporation owns or is considering the possi-
bility of acquiring, for inclusion in an Inventory of
Approved Sites for Major Sources. Such an application
need not designate each site for use by a specific type
of industry or other source.
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C. Except as permitted by the preceding paragraph, each
application shall pertain to only one site and shall
specify the type of industry or other source to be con-
structed on the site. All applications shall include
any additional information deemed necessary for consid-
eration of the case.
D. Unless required by the Board in a specific case, an
application for Location Approval need not be accom-
panied by an application for a permit to construct
the proposed source.
3.3.3 Standards For Granting Location Approval
Location Approval shall not be granted unless all the fol-
lowing requirements are satisfied:
A. The applicant must show, to the satisfaction of the Board,
that the proposed location is at least as favorable, from
the standpoint of environmental impact, as any suitable
alternative location for the proposed source. In deter-
mining environmental impact, the Board shall consider
the proximity of population concentrations, topography,
microclimate, vegetation, and any other factors which
the Board deems relevant. In determining the suitability
of alternative locations, the Board shall not limit its
consideration to environmental matters but shall consider
the full range of economic, technical, and other factors
relevant to source location. Due weight shall be given
to any available plans and planning studies.
B. The Board must impose both of the following conditions
on every Location Approval:
1. The proposed source must comply with all applicable
Rules and Regulations and other standards, and
2. Air pollutant emissions from the source must be
limited by means of the best system of emission
reduction which (taking into account the cost of
achieving such reduction) has been adequately
demonstrated.
3.3.4 Action on Application
A. Location Approval shall not be granted without notice
and hearing, which shall comply with subsection 3.6.3.
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B. Location Approval shall not be granted without prior
issuance of a final Environmental Impact Statement,
which shall satisfy the requirements of Section 4(2)(C)
of the Public Policy Environmental Act and of imple-
menting Guidelines issued by .the Board.
3.3.5 Conditions on Approval
In addition to the conditions required by subsection 3.3.3,
which must be imposed in every case, the Board may impose
any reasonable conditions upon its grant of Location
Approval.
3.3.6 Period of Validity
A. When the Board grants Location Approval, it shall deter-
mine the period, not to exceed 5 years, during which
such Approval is to remain valid. Such Approval shall
not authorize the granting of any construction permit
unless an application for such permit is filed within
that period.
B. If an applicant who has obtained Location Approval shall
at any time file written renunciation of that Approval,
the Board shall not thereafter grant any construction
permit pursuant to that Approval.
(2.0) 3.4 Dispensations
3.4.1 Dispensations Authorized
The Board may grant dispensations from the strict applica-
tion of the substantive requirements established by this
Regulation, but only in accordance with this section.
3.4.2 Pre-Application Conference
Before filing an application for a dispensation, the appli-
cant or his authorized agent shall first confer in person
with the Board or its staff.
3.4.3 Application
A. Each application for a dispensation shall include the
following:
1. If the proposed dispensation pertains to a new or
modified source, the application for dispensation
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shall include an application for a permit to con-
struct the proposed source.
2. If the proposed dispensation pertains to an exist-
ing source, the application for dispensation shall
include (1) an application for a permit to operate
the source and (2) an application for approval of
a proposed compliance plan as described in Section
3.2.
B. The application shall specify each regulatory provision
from which the dispensation would grant relief and shall
specify the nature and extent of such relief.
3.4.4 Standards For Granting Dispensations
No dispensation shall be granted unless the applicant shows
all of the following to the satisfaction of the Board:
A. The dispensation will not cause significant adverse
impact on the quality of the environment.
B. Special circumstances justify the grant of the dispen-
sation in this case even though the strict terms of the
Regulation should be applied to other applicants.
C. The dispensation will not prevent or interfere with
attainment or maintenance of a national ambient air
quality standard after the clean air date (as defined
in Article 1).
3.4.5 Action on Application
A. No dispensation shall be granted without notice and
hearing, which shall comply with Subsection 3.6.3.
B. The Board shall notify the applicant in writing of its
grant or denial of a dispensation. In its notice, the
Board shall set forth the reasons for its action, includ-
ing its reasons for determining that the standards in
Subsection 3.4.4 were or were not satisfied, as the
case may be.
3.4.6 Conditions on Grant
The Board may impose any reasonable conditions upon its
grant of a dispensation.
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3.4.7 Period of Validity
A dispensation shall be valid for the period determined by
the Board, but not to exceed 5 years. To seek renewal or
extension of a dispensation, the owner or operator of the
source shall, at least 120 days before its expiration, file
application for a new dispensation. The Board shall there-
' after take action on such application, applying the Rules
and Regulations applicable at the time of its action.
(2.0) 3.5 Revision of Applicable Rules and Regulations
3.5.1 Effectiveness of Revisions
A. Amendments to this Regulation may be adopted by the
Board and shall become effective 30 days after the date
of their filing in the Department of State in confor-
mity with Law No. 112 of June 30, 1957, as amended.
B. Revisions of Federal emission limitations (including
"Performance standards for new stationary sources" and
"national emission standards for hazardous air pollu-
tants") and of Federal ambient air quality standards
(including "national primary and secondary ambient air
quality standards") shall become effective as part of
applicable Rules and Regulations immediately upon their
promulgation by the Administrator of the U.S. Environ-
mental Protection Agency pursuant to the Clean Air Act
as amended.
3.5.2 Notice and Hearing on Amendments to This Regulation
The Board shall not adopt any amendment to this Regulation
without notice and hearing, which shall comply with Sub-
section 3.6.3. Each required notice of hearing shall
indicate at least one location at which the full text of
the proposed amendment is available for public inspection.
3.5.3 Effect of Pending Revision
A. Notwithstanding any other provision of this Regulation,
while any proposed revision of applicable Rules and
Regulations is pending, the Board shall not grant any
permit or approve any compliance plan that could not
be granted or approved if such proposed revision were
already in effect.
B. For purposes of this section, an amendment to this
Regulation is "pending":
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1. From the date of the first publication of notice of
public hearing on the amendment,
2. Until 120 days after the close of such hearing, or
until the effective date of the amendment, or until
the date of final Board action rejecting or with-
drawing the amendment, whichever first occurs.
C. For purposes of this section, a revision of Federal
emission limits or ambient air quality standards is
"pending"'
1. From the date of first publication of the draft
revision in the Federal Register,
2. Until 120 days after such date, or until promulga-
tion or withdrawal of the revision, whichever
first occurs.
3.5.4 Effect on Outstanding Permits, Plans, Dispensations
Revision of applicable Rules and Regulations shall not
impair the validity of any permit, compliance plan, Location
Approval, or dispensation lawfully granted or approved before
the effective date of such revision. The Board may, how-
ever, revoke any such permit, plan, Location Approval, or
dispensation, or may impose additional conditions thereon,
when the Board finds such action necessary to attain timely
compliance with any new or revised national ambient air
quality standard.
(3.0) 3.6 Applications, Hearings, Notice
(16.0)
3.6.1 Applications
A. Content of Applications
The content of applications must comply with the policies
and rules of the Board. All applications must be upon
forms furnished by the Board and must include all infor-
mation, plans, specifications, evidence, or documenta-
tion deemed necessary by the Board for consideration
of the case.
B. Oath
Each application shall be submitted together with a sworn
statement or affidavit of the applicant or his authorized
agent attesting to the truth and correctness of all facts,
statements, and information presented.
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C. Single Source
Except as otherwise specifically permitted, each
application shall pertain to only one source.
3.6.2 Optional Hearings
The Board may at its option hold one or more public hear-
ings on any pending action, giving written notice to the
applicant and such additional notice thereof as the Board
may deem appropriate in each case.
3.6.3 Notice of Required Hearings
Notice of the date, time, place, and nature of each public
hearing required by this Regulation must be given, at
least 30 days before the hearing, by:
A. Publishing the required notice at least once in two
of the newspapers of largest circulation on the island;
and
B. Mailing the required notice to the applicant.
Additional notice may be given in any manner the Board
deems appropriate.
3.6.4 Decision and Notification
The Board shall notify the applicant in writing of its
approval or disapproval of each application filed pur-
suant to this Regulation. The Board shall set forth in
any notice of disapproval its reasons for disapproval.
(15.0) 3.7 Punishment
Any violation of this Regulation will constitute a misdemeanor,
and will be subject to the penalty established by the Public
Policy Environmental Act. Moreover, the Board may, in any case
of infraction of any of the applicable Rules and Regulations
suspend, amend, or revoke any relevant permit, approval, dis-
pensation, or other authorization issued under this Regulation.
(16.0) 3.8 Mandatory Periodic Hearings on Regulation
The Board shall periodically hold public hearings to consider
possible improvement of this Regulation (including the emission
limits established by it). The first such hearings shall be held
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no later than August 15, 1975 and each subsequent hearing shall
be held no later than 3 years after the close of the preceding
one. The Board may, but need not, propose amendments to this
Regulation for consideration at any such hearing. Any such hear-
ing may, but need not, be held simultaneously with a hearing
required by Subsection 6.1.6. Notice of each hearing shall be
given in accordance with Subsection 3.6.3.
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(51.13) ARTICLE 4 - OPEN BURNING
(2.0) 4.1 Previous Authorization Required
A. No person shall cause or permit the open burning of any
material unless previous authorization is obtained from
the Board.
B. Previous authorization will not be required when open burn-
ing results from activities in connection with any of the
following practices:
1. Fire control
2. The melting of lead, tar or other materials to be used
in repair or construction work.
3. Campfires and other fires used solely for recreational
purposes, for ceremonial occasions, or for outdoor pre-
paration of food.
4. Training for fire fighting.
C. All requests for such authorization shall include the follow-
ing information:
1. The reasons why open burning should be authorized and
a statment as to the nature and total amount of material
to be burned.
2. The date, time and exact location of the open burning.
Open burning will not be authorized at any location which
is less than 100 feet from the boundary of any property
or public road.
3. A certification from the Puerto Rfco Fire Department that
the proposed open burning will be in accordance with the
regulations of that department.
4. A certification from the Puerto Rico Department of Health
that the proposed open burning will be in accordance with
health regulations.
(51.13) 4.2 Open Burning Plans as Authorization
An open burning plan, if approved by the Board, shall constitute
authorization for open burning in accordance with the plan. Any
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agricultural, industrial, commercial, or governmental entity may
request Board approval of such a plan. The Board may grant
approval only if:
A. The applicant demonstrates to the satisfaction of the Board
tnat the planned open burning is customary and that there
is no practicable alternative.
B. The applicant's request for authorization satisfies the require-
ments of Section 4.1, except that Subparagraph 4.1 (C) (2)
shall not apply.
C. The request describes the nature of the proposed burning and
provides any additional information deemed necessary by the
Board for consideration of the case.
(51.13) 4.3 Hazardous or Objectionable Open Burning
Nothing in this article shall be construed to permit open burn-
ing which causes objectionable odors or constitutes a hazard to
vehicular or air traffic nor which violates any other law or
applicable regulation.
(51.13) 4.4 Certain Open Burning Prohibited
The open burning of chemical wastes or reagents, or burning for
material recovery or reclaiming will not be permitted.
(51.13) 4.5 Flares For Safety or Pollution Control
This article shall not apply to flares used for safety or as
pollution control equipment, but such use must comply with other
applicable Rules and Regulations.
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(50.1) ARTICLE 5 - CONTROL OF PARTICIPATE EMISSIONS
(50.1.2) 5.1 Visible Emissions
5.1.1 Visible Emission Restrictions For Stationary Sources
A. No person shall cause or permit the emission of visi-
ble air pollutants of a shade or density equal to or
darker than that designated as No. 1 on the Ringelmann
Chart or 20 percent opacity.
B. Nevertheless, a person may discharge into the atmos-
phere from any single source of emission, for a period
or periods aggregating not more than 4 minutes in any
30 minutes, air pollutants of a shade or density not
darker than No. 3 on the Ringelmann Chart or 60 percent
opacity.
5.1.2 Visible Emission Restrictions For Motor Vehicles
A. No person shall cause or permit the emission of visi-
ble air pollutants from gasoline-powered motor vehicles
for longer than 5 consecutive seconds.
B. No person shall cause or permit the emission of visi-
ble air pollutants from diesel-powered motor vehicles
of a shade or density equal to or darker than that
designated as No. 1 on the Ringelmann Chart or 20 per-
cent opacity for longer than 5 consecutive seconds.
(50.1) 5.2 Fugitive Dust
5.2.1 No person shall cause or permit any materials to be handled,
transported, or stored; or a building, its appurtenances,
or a road to be used, 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, quarrying operations,
the grading of roads, or the clearing of land;
B. Application of asphalt, oil, water, or suitable chemi-
cals on dirt roads, materials stockpiles, and other
surfaces which can give rise to airborne dusts;
--28-
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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 give rise to
airborne dusts;
E. Conduct of agricultural practices such as tilling of
land and application of fertilizers, in such manner as
to prevent dust from becoming airborne;
F. The paying of roadways and their maintenance in a clean
condition;
G. The prompt removal of earth or other material from paved
streets onto which earth or other material has been
transported by trucking or earth moving equipment,
erosion by water, or other means.
5.2.2 No person shall cause or permit the discharge of visible
emissions of fugitive dust beyond the lot line of the
property on which the emissions originate.
5.2.3 When air pollutants escape from a building or equipment in
such a manner and amount as to cause a nuisance or violate
any regulations, the Board may order that the building or
equipment in which processing, handling, and storage are
done be tightly closed and ventilated in such a way that
all emissions from the building or equipment are treated to
remove or destroy such air pollutants before emission to
the open air.
5.2.4 Every area, lot, or part of a piece of land, intended for
parking with a capacity for accommodating more than 40
vehicles at the same time must be paved with concrete,
asphalt, or equivalent hard surface, on all its road and
parking areas.
(51.9) 5.3 Incineration
5.3.1 No person shall cause or permit the emission from any incin-
erator of particulate matter to exceed 0.20 pounds per 100
pounds (2 gm/kg.) of refuse charged. Provided that for an
incinerator having capacity of less than 50 tons per day
(24-hours), emission shall not exceed 0.40 pounds per 100
pounds (4 gm/kg.) of refuse charged.
.-29-
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5.3.2 Emission tests shall be conducted at maximum burning
capacity of the incinerator.
5.3.3 The burning capacity of an incinerator shall be the manu-
facturer's or designer's guaranteed maximum rate or such
other rate as may be determined by the Board in accordance
with good engineering practices. In cases of conflict,
the determination made by the Board shall govern.
5.3.4 For the purposes of Subsection 5.3.1, the total of the
capacities of all incinerators within one system shall
be considered as the incinerator capacity.
5.3.5 All incinerators that burn solid refuse shall be of the
multiple chamber type or, at the discretion of the Board,
of equivalent pollution control efficiency.
(51.5) 5.4 Fuel Burning Equipment
5.4.1 No person shall cause or permit the emission, from fuel
burning equipment burning solid fuel, of particulate
matter in excess of 0.30 pounds per million B.T.U.
(0.54 gm/106 gm-cal) of heat input.
5.4.2 For purposes of this regulation, the heat input shall be
the aggregate heat content of all fuels whose product of
combustion pass through a stack or stacks. The heat input
value used shall be the equipment manufacturer's or design-
er's guaranteed maximum input, whichever is greater. The
total heat input of all fuel burning units on a plant or
premises shall be used for determining the maximum allow-
able amount of particulate matter which may be emitted.
(50.1.1) 5.5 Process Industries - General
5.5.1 Except as permitted by Subsection 5.5.7, no person shall
cause or permit the emission of particulate matter in any
one hour from any process source in excess of the amount
shown in the following table for the process weight rate
allocated to such source.
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Process Emission
weight rate rate
(Ibs./hr.) (Ibs./hr.)
50 0.36
100 0.55
500 1.53
1,000 2.25
5,000 6.34
10,000 9.73
20,000 16.00
60,000 40.00
80,000 42.00
120,000 46.00
160,000 49.00
200,000 51.00
400,000 58.00
1,000,000 69.00
2,000,000 78.00
6,000,000 93.00
5.5.2 Interpolation of the data in the above table shall be
done by the use of proportional interpolation.
5.5.3 Process weight rate is the total weight of all materials
introduced into any specific process in any one hour
that may cause any emission of particulate matter. Solid
fuels charged will be considered as part of the process
weight, but liquid and gaseous fuels and combustion air
will not. For a cyclical or batch operation, the process
weight per hour will be derived by dividing the total pro-
cess weight by the number of hours in one complete opera-
tion from the beginning of any given process to the com-
pletion 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.
5.5.4 Where the nature of any process or operation or the design
of any equipment is such as to permit more than one inter-
pretation of this regulation, the interpretation that
results in the smallest allowable emission shall apply.
5.5.5 For purposes of the regulation, the total process weight
rate 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.
-31-
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5.5.6 From any source other than a process source, no person
shall cause or permit the emission of particulate matter
in any one hour in excess of 0.02 pound per pound of pro-
cess weight (as described in Subsection 5.5.3).
5.5.7 Nothing in this Section 5.5 shall be deemed to prohibit
the construction or operation of a source if its owner
or operator demonstrates all of the following to the sat-
isfaction of the Board:
A. That air pollutant emissions from such source are
limited by means of the best system of emission re-
duction which (taking into account the cost of
achieving such reduction) has been adequately demon-
strated, and
B. That, despite the operation of such system at its
rated efficiency, the source cannot practicably com-
ply with Subsection 5.5.1, and
C. That emissions of particulate matter from such source
do not, in any one hour, exceed 0.02 pound for each
pound of process weight (as described in Subsection
5.5.3).
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(50.2) ARTICLE 6 - CONTROL OF SULFUR COMPOUND EMISSIONS
(51.6) 6.1 Fuel Combustion
6.1.1 A. No person shall burn or permit the burning in fuel
burning equipment, any fuel containing a percentage
of sulfur by weight which violates or may violate
any National Ambient Air Quality Standard.
B. No person shall burn or permit the burning in fuel
burning equipment, any fuel containing a percentage
of sulfur by weight which exceeds the applicable
maximum percentage allowed in Subsection 6.1.2.
C. No person shall operate or cause the operation of a
stationary source with a design capacity equal to
or higher than 8 million BTU/hr, until and unless
the Board has assigned to the source a maximum allow-
ed percentage of sulfur by weight to be burned by it
in fuel burning equipment. Such maximum allowed per-
centage is derived by the use of the atmospheric dis-
persion calculations, methods, procedures and defini-
tions set forth in Appendix A of this Regulation.
6.1.2 Sulfur Content in Fuel
A. For sources with a design capacity lower than 8 mil-
lion BTU/hr, the maximum allowed percentage of sulfur
in fuel, by weight, to be burned in fuel burning
equipment shall be 2.5.
B. For sources with a design capacity equal to or higher
than 8 million BTU/hr, the maximum allowed percen-
tage of sulfur in fuel, by weight to be burned in
fuel burning equipment shall be that percentage, up
to 3.1% assigned to each such source by the Board as
set forth in Appendix B of this Regulation.
C. The owner or whoever is responsible for the operation
of a new or modified source with a design capacity
equal to or higher than 8 million BTU/hr, shall apply
to the Board for assignment or reassignment of a maxi-
mum allowed percentage of sulfur in fuel, by weight,
to be burned in fuel burning equipment at the time it
applies for a permit to construct, under the disposi-
tion of Section 3.1.1. The application shall include
all atmospheric dispersion calculations as set forth in
Appendix A, which will enable the Board to make the
required assignment or reassignment. In case the
-33-
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applicant wishes the Board to make such calculations,
it shall submit to the Board all pertinent infor-
mation necessary for the Board to determine and assign
such percentage of sulfur in fuel by weight under the
provisions set forth in Appendix A of this Regulation.
The application for determination and assignment or
reassignment of such a percentage of sulfur in fuel
by weight shall be acted upon by the Board upon de-
posit by the applicant of such fees as may be reason-
ably required by the Board to cover expenses related
to the determination of such percentage.
D. Notwithstanding anything in Subsection 6.1.2 (A), if
the Board finds that two or more sources with a design
capacity less than 8 million BTU/hr, are situated in
such manner that their combined emissions of S02 result
or may result in the violation of any National Ambient
Air Quality Standard, the Board shall assign to each
such source a maximum allowed percentage of sulfur in
fuel, by weight, to be burned in fuel burning equip-
ment using the atmospheric dispersion calculations,
methods, procedures and definitions as set forth in
Appendix A of this Regulation.
E. In assigning the maximum allowed percentage of sulfur
in fuel, by weight, to be burned in fuel burning equip-
ment pursuant to Subsections 6.1.2 (B), (C), (D), the
Board shall strictly adhere to the calculations, methods,
procedures and definitions set forth in Appendix A of
this Regulation.
F. Whenever the Board makes any assignment to a source of
a maximum allowed percentage of sulfur in fuel to be
burned in fuel burning equipment pursuant to Subsection
6.1.2 (B), (C), (D), such assignment shall be incorpo-
rated within Appendix B of this Regulation and shall be
submitted to the Environmental Protection Agency as a
proposed Revision to the Implementation Plan.
6.1.3 Effective Dates
Notwithstanding Subsection 3.2.1, all stationary sources
shall be in compliance with Subsections 6.1.1 and 6.1.2
not later than 60 days after their effective date.
6.1.4 Equivalent Emission Authorized
The Board may authorize the burning of fuel with a higher
sulfur content than that established by Subsection 6.1.1,
if an applicant demonstrates to its satisfaction that:
-34-
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A. An industrial process, or atmospheric pollution con-
trol equipment, or both combined, will result in the
removal of sulfur compounds from combustion gases
emitted by a source, and
B. As a result of such removal, sulfur compound emission
from that source will not exceed those that would
result if the fuel required by Subsection 6.1.2 was
burned without such removal.
Such authorization shall be granted only by means of a per-
mit or compliance plan that specifies the maximum percen-
tage of sulfur in fuel, by weight, which is authorized.
6.1.5 Reserved
6.1.6 Reserved
(Note: These facilities shall not use fuels with a sulfur content
in excess of the following percentages by weight:
A. After October 1, 1973: 2.0% sulfur
B. After April 1, 1974: 1.5% sulfur
C. After April 1, 1975: 1.0% sulfur
The facilities are Abbot, Merck and Company, located in the
Barceloneta Air Basin, and Central Guanica, located in the Aquada
Air Basin.
The Puerto Rico Water Resources Authority Aquirre Complex shall
not use fuel with a sulfur content in excess of 2.5% by weight.)
-35-
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(50.4) ARTICLE 7 - CONTROL OF ORGANIC COMPOUNDS EMISSIONS
(51.16) 7.1 Storage of Volatile Organic Compounds
7.1.1 No person shall place, store, or hold in any stationary
tank, reservoir, or other container of more than 40,000
gallons (151,412 liters) capacity any volatile organic
compounds unless such tank, reservoir, or other container
is a pressure tank capable of maintaining working pres-
sures sufficient, under normal operating conditions, to
prevent vapor or gas loss to the atmosphere or is designed,
and equipped, with one of the following vapor loss control
devices:
A. A floating roof, consisting of a pontoon type, double
deck type roof or internal floating cover, which will
rest on the surface of the liquid contents and be
equipped with a closure seal or seals to close the
space between the roof edge and tank wall. This con-
trol equipment shall not be permitted if the volatile
organic compounds have a vapor pressure of 11.0 pounds
per square inch absolute (568 mm Hg.) or greater under
actual storage conditions. All tank gauging or sampl-
ing devices shall be gas-tight except when tank gaug-
ing or sampling is taking place.
8. A vapor recovery system, consisting of a vapor gath-
ering system capable of collecting the volatile organic
compounds, vapors, and gases discharged, and a vapor
disposal system capable of processing such volatile
organic vapors and gases so as to prevent their emission
to the atmosphere and with all tank gauging and sampling
devices gas-tight except when gauging or sampling is
taking place.
C. Other equipment or means of equally acceptable effi-
ciency for purposes of air pollution control as may
be approved by the Board.
(51.21) 7.2 Waste Gas Disposal
No person shall cause or permit the emission of more than 15
pounds (6.8 kg.) per day of waste gas from any ethylene pro-
ducing plant or other ethylene emission source unless the waste
gas stream is properly burned at 1300°F (704°C) for 0.3 second
or greater in a direct-flame afterburner, or burned in a smoke-
less flare or an equally effective device as approved by the Board.
The provision shall not apply to emergency reliefs and vapor
blowdown systems.
-36-
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(50.4) 7.3 Organic Solvents
7.3.1 No person shall cause or permit the emission of more than
3 pounds (1.36 kg.) of organic solvents in any one hour,
nor more than 15 pounds (6.8 kg.) in any one day, from any
article, machine, equipment, or other contrivance unless
such article, machine, equipment, or other contrivance is
provided with an acceptable ventilation system approved by
the Board.
i
7.3.2 Any series of articles, machines, equipment or other con-
trivances designed for processing a continuously moving
sheet, web, strip, or wire which is subjected to any com-
bination of operations shall be collectively subject to
compliance with Subsection 7.3.1.
7.3.3 Emission of organic solvents from the cleanup with organic
solvents shall be included with the other emissions of
organic materials from that article, machine, equipment,
or other contrivance for determining compliance with this
rule.
7.3.4 This Section 7.3 shall not apply to:
A. The manufacture of organic solvents.
B. The use of equipment for which other requirements are
specified by Sections 7.1 or 7.2, or which are exempt
from Air Pollution Control Requirements by said sections,
C. The spraying or other employment of insecticides,
pesticides, or herbicides.
D. Industrial surface coating operations when the.
coating's solvent make-up is water-based and does not
exceed 20 percent of organic materials, by volume.
(50.4) 7.4 Volatile Organic Compounds and Organic Solvents Defined
A volatile organic compound is any compound containing carbon and
hydrogen or carbon and hydrogen in combination with any other
element and which has a vapor pressure of at least 1.5 pounds per
square inch absolute (76 mm. Hg) under actual storage conditions.
Organic solvents include diluents and thinners and are defined as
chemical compounds of carbon which are liquids at standard con-
ditions and which are used as dissolvers, viscosity reducers, or
cleaning agents.
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(50.6) ARTICLE 8 - ODORS IN THE ATMOSPHERE
8.1 No person shall cause or permit emission to the atmosphere of
matter which produces an "objectionable" odor that can be per-
ceived on land other than that designated for industrial purposes.
8.2 No person shall cause or permit an emission which produces an
odor perceivable on land zoned for industrial purposes if the
odor is determined "objectionable" when one given volume of the
air containing such matter, collected at or beyond a lot line
of the source, is diluted with five (5) volumes of odorless air.
8.3 The odors emanating from the following shall not be considered
in violation of this Regulation: (1) trees, bushes, plants,
flowers, grass, (2) domestic gardening and agriculture pro-
cesses, such as the use of fertilizers (except sugar cane waste
and manure).
8.4 For the purpose of this article, an odor shall be considered
"objectionable" when 60% or more of a group of at least five
individuals consider the odor objectionable when exposed to it
at a place chosen with the approval of the Board. These five
individuals shall be selected by the Board.
8.5 Odor concentrations shall be measured in accordance with the
American Society for Testing and Materials Standard 01391-57
"Standard Method for Measurement of Odor in Atmospheres
(Dilution Method) " or its equivalent.
-38-
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(2.0) ARTICLE 9 - ADDITIONAL PROVISIONS
(50.7) 9.1 Public Nuisance
A. Nothing in this Regulation shall be construed to authorize or
legalize the creation or maintenance of a public nuisance as
defined in Article 329 of the Penal Code of Puerto Rico.
B. This section shall not be understood as a limit or restriction
of the other prohibitions established in other parts of this
Regulation.
(2.0) 9.2 Overlapping or Contradictory Provisions
If a requirement established by any provision of this Regulation
is either more restrictive or less restrictive than a requirement
established by any other provision of this Regulation or by any
other law, regulation, standard, or limit established by any duly
constituted governmental authority having jurisdiction, the require-
ment which is more restrictive shall govern. Except that nothing
in this section shall be deemed to apply to the requirements
expressed in Subsections 6.1.1 through 6.1.6 for existing sources.
(2.0) 9.3 Derogation
This Regulation nullifies any previous provision, resolution, agree-
ment, or regulation of the same subject which may contradict this
Regulation. Moreover, this Regulation amends, in its entirety the
Regulation for the Control of Atmospheric Pollution, as adopted by
the Board on June 29, 1971, and replaces it in all its parts.
(2.0) 9.4 Separability Clause
If any provision of this Regulation is declared illegal or uncon-
stitutional by sentence of a court, such declaration or sentence
will not affect the other provisions of this Regulation, each one
being considered as separate.
(2.0) 9.5 Effectiveness
This Regulation shall go into effect thirty (30) days after the
date of its filing at the Department of State, in conformity with
Law 112 of June 30, 1957, as amended.
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ESTADO LIBRE ASOCIADO DE PUERTO RICO
OFICINA DEL GOBERNADOR
JUNTA DE CALIDAD AMBIENTAL
R-74-20
ASUNTO:
SOBRE: VISTAS PUBLICAS
ENMIENDAS REGLAMENTO PARA EL
CONTROL DE LA CONTAMINACION
ATMOSFERICA
La Junta de Call dad Ambiental celebrara vistas publicas en torno
al Reglamento para el Control de la Contaminacion Atmosferica.
El, proposito de estas vistas es someter nuevamente a la consi-
deracion de la ciudadanfa enmiendas a la seccion 6.1 del Reglamento
para el Control de la Contaminacion Atmosferica relacionadas al control
de las emisiones a la atmosfera de compuestos de azufre, asf como l^a
data adicional que respalda las mismas. Tambien se someten los Apen-
dices A y B que regiran la utilizacion del modelo matematico contenido
en dichas enmiendas y los valores del combustible a permitirse a los
usarios como consecuencia del empleo del modelo propuesto.
Dada la naturaleza y magnitud de estas enmiendas propuestas, esta
Junta de Calidad Ambiental celebrara vistas publicas a fin de obtener
las recomendaciones de la ciudadanfa y de las entidades interesadas en
este asunto.
POR TODO LO CUAL y en virtud de la autoridad conferida por la Ley
Num. 9 del 18 de junio de 1970, esta Junta
Celebrar Vistas Publicas los dfas 24 y 25 de octubre de 1974^a las
9:00 de la manana en el Salon de Audiencias de esta Junta en el Septimo
Piso del Edificio Thorn McAn, Avenida Ponce de Leon #1550, Parada 22 1/2,
Santurce, Puerto Rico.
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NOTIFIQUESE con copia de la presente al Sr. Weems Clevenger,
Environmental Protection Agency, Ave. Ponce de Leon Num. 1225, Edificio
Caso, Suite 804, Santurce, Puerto Rico; Ing. Lorenzo Iglesias, Director
Asociado para Aqua y Aire, Junta de Calidad Ambiental; Ing. Pedro Marrero,
Director Division Call dad de Aire, Junta de Calidad Ambiental; Sr. Joel
Magruder, Oficial de Informacion, Junta de Calidad Ambiental; Ledo. Vic-
tor R. Umpierre, Director Oficina Servicios Legales, Junta de Calidad
Ambiental.
San Juan, Puerto Rico, a 12 de septiembre de 1974.
CARLOS M. JIMENEZ BARBER
Director Ejecutivo
R C 0 N
CERTIFICO que en el dfa de hoy 12 de septiembre de 1974, he
enviado copia del documento que antecede a las personas que aparecen
en el Notiffquese.
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APPENDIX B
Maximum Allowed Percentage of Sulfur In Fuels
for Sources with Design Capacity
Higher than 8 Million Btu/hr
Stack
Source Name No.
Abbott
(Sarceloneta) 1
2
Bacardi
(Catano) 1
Bristol
(Barceloneta) 1
Central Aguirre
(Aguirre) 1
" " 2
Central Coloso
.(Aguada} 1
Central Cambalache
(Arecibo) 1
• . 2
Central Eureka
(Hormigueros) 1
Central Fajardo
(Fajardo) 1
Central Guanica
(Ensenada) 1
2
3
Central Igualdad
(Mayaguez) 1
2
Stack Coord.
(Lambert)
X
138300
13800
18330
139000
174800
174800
175450
124050
124050
80100
235450
98900
98900
98900
75800
75300
1 y
66450
66450
68900
65500
13700
13700
61000
69050
69050
32250
54600
15200
15200
15200
49000
49000
Allowable
% S
1.0
3.1
2.0
1.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
0.4
0.4
0.4
3.1
3.1
Coordinatina
Stack Hgt.
(ft.)
82
82
64
63
225
55
175
210
.35
180
220
50
225
225
100
180
Parameter?
Exit Temp.
(Of}
500
500
300
525
550
625
550
. 600
600
450
450
400
400
400
475
475
-42-
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Source
Stack
• No.
Stack Coord.
(Lambert)
x I y
Allowable
% S
Coordinatinc
Stack Hot,
(ft.)
Parameter'
Exit Temc
(°F)
Central Mercedita
(Ponce)
Central Plata
(San Sebastian)
Central Ro1g
(Yabucoa)
CORCO
(Guayanllla)
138600
20530
3.1
200
600
1
2
1
2
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
91200
91200
211430
211430
20450
120650
120650
120650
120650
120650
120650
120650
120650
120670
120670
120670
120570
120670
120670
120670
120000
120000
120000
57100
57100
25550
25550
19840
19450
19450
19450
19450
19450
19450
19450
19780
19780
19780
19780
19780
19780
19780
19780
19550
19550
19550
3.1
3.1
3.1
3.1
1.0
1.0
1.0
1.0
1.0
0.01
0.01
0.01
0.01
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.01
1.0
1.0
180
150
190
150
175
147
125
185
125
125
131
125
180
125
160
125
125
155
150
147
100
150
155
540
510
500
500
950
950
950
950
950
950
950
950
1050
950
950
970
950
950
400
950
950
910
970
-43-
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Source
Stack
No.
Stack Coord.
(Lambert)
x 1 y
Allowable
% S
Coordinatinq Parameter:
Stack Hgt.
(ft.)
Exit Teinc
(°F)
CORCO
(guayanilla)
20
21
22
23
24
25
26
27
28
29
30
31 '
32
33
34
35
36
37
38
39
40
41
42
43
44
120000
120000
120000
120000
120000
120000
120000
120000
120000
120000
119400
119400
119400
119400
119400
119400
119400
119400
119400
119570
119570
119570
119570
119570
119570
19550
19550
19550
19550
19550
19550
19550
19550
19550
19550
19250
19250
19250
19250
19250
19250
19250
19250
19250
19350
19350
19350
19350
19350
19350
1.0
0.5
0.5
0.5
1.0
0.01
1.0
0.01
1.0
1.0
1.0
1.0
0.01
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
0.01
100
100
100
100
125
150
no
no
100
no
so
50
290
125
86
80
80
80
100
80
30
100
100
30
290
S50
375
375
375
950
950
950
1150
950
950
650
650
910
1060
1160
1050
1050
1050
1045
1050
1050
1100
1100
1150
910
-44-
-------
SUck
Stack (Lair
Source No. x 1
CORCO
(Guayanilla) 45 119570
46 119780
47 119670
48 119670
49 119670
50 121250
51 121250
52 121250
53 121250
Dlazlite, Inc.
(Trujlllo Alto) 1 198000
2 198000
• " 3 198000
Ell Lilly
(Carolina) 1 204450
2 204450
E11 Lilly
(Mayaguez) 1 75750
Fibers International
(Agulrre) 1 182640
Gulf
(Catano) 1 133990
2 183940
3 183940
4 183940
5 183955
6 183950
7 183975
Coord. Coordinatina Parameter:
bert) Allowable Stack Hqt. lExit Temc
yt % S (ft.) 1 (CF)
19350 1.0 100 1045
19440 0.01 100 130
19380 1.0 150 950
19380 1.0 126 950
19380 1.0 126 950
19600 0.01 66 277
19600 0.01 150 100
19600 1.0 190 300
19600 0.01 125 110
56600 1.0 48 168
56600 1.0 30 130
56600 1.0 48 163
60400 3.1 19 950
60400 1.0 34 950
48250 '3.1 28 380
14200 3.1 28 380
64630 1.5 100 875
64680 1.5 70 746
64675 1.5 70 920
64590 1.5 100 375
64590 1.5 32 875
64590 1.5 150 475
64650 1.5 70 750
-45-
-------
Stac
Source No
Gulf
(Catano) 3
II it g
10
n
India
(mayaguez) 1
Industrial Slderurgica
( Catano } 1
International Paper 1
(Arecibo)
2
3
Medical Center
(Rio Pledras) 1
Merck- Sharp & Donne
(Barceloneta) 1
2
Peerless
(Guayanilla) 1
Pfizer
(Barceloneta) 1
2
PPG (Guayanilla} 1
2
3
4
Phillips
(Aguirre) 1
2
3
Stack Coord.
k (Lambert)
x 1
183975
133965
183900
133920
78100
182100
124100
124085
124080
190150
140000
140000
120200
137650
137650
116500
116500
116500
116500
182600
182600
183000
y
64660
64630
64600
64600
42300
66300
69500
69520
69480
62750
66050
66050
17800
66800
66300
20300
20300
20300
20300
13300
13300
13700
Allowable
% S
1.5
1.5
1.5
1.5
3.1
2.0
3.1
3.1
•3.1
3.1
3.1
3.1
1.5
0.5
1.0
1.0
1.0
0.01
0.01
0.1
0.1
2.5
Coordinating Parameters
Stack Hgt.
(ft.)
70
70
50
50
90
35
34
84
34
130
90
72
60
45
12
125
125
108
56
220
220
70
Exit Ter
(°F)
750
875
600
550
590
1200
350
450
425
490
350
30
900
200
280
300
300
550
1500
300
300
650
-46-
-------
Source
Stack
No.
Stack Coord.
(Lambert)
x 1 y
Allowable
% S
Coordinating Parameter;
Stack Hgt.
(ft.)
Exit Temc
(5F)
Phillips
(Aguirre)
II II
It II
II II
Placco
(Catano)
Ponce Asphalt
( Santa Isabel]
4
5
6
7
8
9
10
11
12
13
H
15
16
17
18
19
20
21
22
23
24
1
2
3
183200
133200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
183200
133200
13100
13100
13100
13100
13300
13300
13300
13300
13300
13300
13300
13300
13300
13300
13200
13200
13200
13200
13200
13200
13200
186530 65200
186530 65200
186530 65200
155450
51960
2.5
0.15
0.15
2.5
0.15
2.5
2.5
2.5
0.15
0.15
2.5
.2.5
0.15
2.5
0.15
2.5
0.15
2.5
2.5
0.15
0.15
1.0
1.0
1.0
1.0
199
38
40
30
138
101
191
108
129
152
164
186
165
133
109
124
89
94
39
30
92
530
600
750
550
640
640
500
535
535
535
500
500
500
535
500
550
500
500
475
500
500
36 250
36 250
24 250
25
150
-47-
-------
Stack
Source No.
Ponce Cement
(Ponce) 1
2
3
4
5
6
7
P. R. Cement
(Catano) 1
2
3
4
5
P. R. Chemical
(A red bo) 1
2
P. R. Distillers
(Arecibo) 1
2
3
P. R. Distillers
(Camuy) 1
11 n *y
3
P. R. Glass
(Catano) 1
2
3
Stack Coord.
(Lambert)
x 1
130600
130600
130600
130600
130600
130600
130600
135850
135850
135350
185850
185850
124750
124750
119900
119900
119900
108570
108700
108470
186220
186220
186220
y
20800
20950
20800
20800
20800
20800
20800
65100
65100
65100
65100
65100
68950
68950
71050
71050
71050
72470
72630
72340
65300
65300
65300
Allowable
% s
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
2.5
1.5
1.5
1.5
Coordinating Parameter:
Stack Hgv:.
(ft.)
85
120
200
175
175
150
120
85
150
150
175
120
32
46
25
125
125
35
100
40
150
150
150
Exit Temp
m
350
500
500
500
500
500
500
340
500
500
500
500
160
1100
400
500
500
400
500
500
510
525
550
.,-48-
-------
Stac
Source No.
P. R. Glass
(Catano) 4
5
P. R. Oleflns
(Guayanllla) 1
2
3
4
5
PRWRA
(Aguirre)
Stack Coord.
.k (Lambert)
x 1
186220
106220
121500
121500
121500
121500
121500
Unit No. 1 2/un1t 174052
Unit No. 2 2/un1t 174005
Power Pack No. 1 P-1 173891
Power Pack No. 2 P-2 173913
(Catano)
Units No. 1 and 2 1
Units No. 3 and 4 1
Units No. 5 and 6 1
187150
187160
187200
Unit No. 7 2/unlt 187230
Unit No. 8 2/unlt 187250
Unit No. 9 2/unlt 187090
Unit No. 10 2/unit 187070
Jet No. 1 J-1 187030
Jet No. 2 J-2 187030
(Ceiba)
Power Pack No. 1 J-1 233230
y
65300
65300
19300
19300
19300
19300
19300
13370
13314
13392
13427
66080
66110
66110
66130
66140
66040
66030
66030
66030
44250
Allowable
% S
1.5
0.5
0.6
0.6
0.6
0.6
0.01
2.5
2.5
0.5
0.5
1.5
1.5
1.5
1.5
1.5
1.5
1.5
0.15
0.15
0.5
Coordinating Parameters
Stack Hgt.
(ft.)
70
25
180
95
125
175
195
249
249
40
40
160
160
160
185
185
191
191
37
23
39
Exit Temc
450
175
329
1400
650
775
560
340
340
950
950
340
340
340
340
340
340
340
690
690
930
-49-
-------
Source
PRURA
(Mayaguez)
Gas Turbine No. 1
Gas Turbine No. 2
Jet No. 1
(Palo Seco)
Unit No. 1
Unit No. 2
Unit No. 3
Unit No. 4
Gas Turbine 17
Gas Turbine 21
Gas Turbine 22
Jet No. 1
Jet No. 2
(South Coast)
Units No. 1 and 2
Unit No. 3
Unit No. 4
Unit No. 5
Unit No. 6
Power Pack No. 1
Jet No. 1
San Juan Cement
(Dorado)
ii ii
:i ii
Stack
No.
G-l
G-2
J-1
1
1
2/unit
2/unit
G-l
G-2
G-3
J-1
J-2
1
1
2/unit
2/un1t
2/unit
P-l
J-1
1
2
3
Stack Coord.
(Lambert)
x 1
75500
75470
75525
182450
182420
182400
182380
182320
132290
182270
132500
182508
118400
118430
118440
118450
118470
118520
118300
166650
166650
166680
y
43100
43100
43100
69100
69100
69100
69100
69010
69010
69010
69120
69110
18800
18780
18750
18710
18650
18740
18780
62300
62400
62400
Allowable
% s
0.5
0.5
0.15
2.5
2.5
2.5
2.5
0.5
0.5
0.5
0.15
0.15
1.0
1.0
1.0
1.0
1.0
0.5
0.15
3.1
3.1
3.1
Coordinating Parameter-
Stack Hgt.
(ft.)
60
60
20
196
196
222
222
39
39
39
40
23
155
205
205
250
250
39
23
40
57
45
Exit Ten;!:
(°F)
800
800
600
340
340
340
340
930
930
930
690
690
340
340
340
340
340
930
690
300
250
250
-------
Source
SUck
No.
Stack Coord.
(Lambert)
x 1 y
Allowable
h % S
Coordinatina
Stack Hgt.
(ft.)
^arameten:
Exit Ternc
m
Serralles Distillery
(Ponce)
138600
20500
2.0
370
Scherlng
(Manatl )
II II
Sun 011
(Yabucoa)
n n
il II
It it
II it
II il
II it
Union Carbrlde Films
(Barceloneta)
Union Carbide
(Guayanllla)
,,
II il
il il
II n
it n
n n
n il
II il
Union Carbide Graphlto
(Yabucoa)
n it
n n
i
2
1
2
3
4
5
6
7
1
1
2
3
4
S
6
7
8
9
1
2
3
148350
148850
314880
214920
214880
214840
214780
214750
214710
139500
119600
119600
119700
119700
119700
119700
119700
119600
119700
211940
211940
211940
63750
67350
24630
24610
24540
24610
24530
24560
24600
65300
18400
18400
18400
18400
18400
18400
18400
18300
18400
27230
27230
27330
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
3.1
1.0
0.5
0.1
0.01
0.01
0.01
0.5
0.5
0.01
0.01
0.20
0.20
0.20
80
80
100
150
250
119
119
150
150
75
17
50 •
100
130
105
35
160
50
54
40
26
26
350
93
600
530
650
440
480
850
1200
400
300
500
500
500
700
960
300
842
1400
400
650
650
-51-
-------
Source Name
Stack
No.
Stack Coord.
(Lambert)
x y
Allowable
% S
Coo-dinating Parameters
Stack Hgt.
(ft.)
Exit Temp
(°F)
Upjohn
(Barceloneta)
136420
136480
66190
66190
1.0
3.1
70
65
375
600
-52-
-------
FEDERALLY PROMULGATED
REGULATIONS
-------
(10.0) 52.2724 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
-54-
-------
(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(1) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(11) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-55-
-------
(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
ti on:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-56-
-------
(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
-57-
-------
(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
ti on.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
-5'8-
-------
published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4).
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect sourca.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (11) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
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(14) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting indirect source review pur-
suant to this paragraph to any agency, other than a regional of-
fice of the Environmental Protection Agency, the following pro-
visions shall apply:
(i) Where the agency designated is not an air pollution
control agency, such agency shall consult the appropri-
ate State or local air pollution control agency prior to
making any determination required by paragraphs (b) (4),
(5), or (6) of this section. Similarly, where the agency
designated does not have continuing responsibilities for
land use planning, such agency shall consult with the
appropriate State or local land use and transportation
planning agency prior to making any determination re-
quired by paragraph (b) (9) of this section.
(ii) The Administrator of the Environmental Protection Agency
shall conduct the indirect source review pursuant to
this paragraph for any indirect source owned or operated
by the United States Government.
(iii) A copy of the notice required pursuant to paragraph (b)
(8) (ii) (c) of this section shall be sent to the Admin-
istrator through the appropriate Regional Office.
(15) In any area in which a "management of parking supply" regulation
which has been promulgated by the Administrator is in effect, in-
direct sources which are subject to review under the terms of such
a regulation shall not be required to seek review under this para-
graph but instead shall be required to seek review pursuant to
such management of parking supply regulation. For purposes of
this paragraph, a "management of parking supply" regulation shall
be any regulation promulgated by the Administrator as part of a
transportation control plan pursuant to the Clean Air Act which
requires that any new or modified facility containing a given num-
ber of parking spaces shall receive a permit or other prior approv-
al, issuance of which is to be conditioned on air quality consid-
erations.
(16) Notwithstanding any of the foregoing provisions to the contrary,
the operation of this paragraph is hereby suspended pending fur-
ther notice. No facility which commences construction prior to
the expiration of the sixth month after the operation of this para-
graph is reinstated (as to that type of facility) shall be subject
to this paragraph.
(37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
1975; 40 FR 40160, Sept. 2, 1975)
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(14.0) 52.2725 General Requirements
(b) Regulation for Public Availability of Emission Data
(1) Any person who cannot obtain emission data from the
Agency responsible for making emission data availa-
ble to the public, as specified in the applicable
plan, concerning emissions from any source subject
to emission limitations which are part of the approv-
ed plan may request that the appropriate Regional
Administrator obtain and make public such data. With-
in 30 days after receipt of any such written request,
the Regional Administrator shall require the owner
or operator of any such source to submit information
within 30 days on the nature and amounts of emissions
from such source and any other information as may
be deemed necessary by the Regional Administrator to
determine whether such source is in comoliance with
applicable emission limitations or other control measures
that are part of the applicable plan.
(2) Commencing after the initial notification by the
Regional Administrator pursuant to paragraph (b)
(1) of this section, the owner or operator of the
source shall maintain records of the nature and
amounts of emissions from such source and any other
information as may be deemed necessary by the
Regional Administrator to determine whether such
source is in compliance with applicable emission
limitations or other control measures that are part
of the plan. The information recorded shall be
summarized and reported to the Regional Administrator,
on forms furnished by the Regional Administrator, and
shall be submitted within 45 days after the end of
the reporting period. Reporting periods are January 1
to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and
copies of this summarizing report submitted to the
Regional Administrator shall be retained by the
owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of sta-
tionary sources will be correlated with applicable
emission limitations and other control measures that
are part of the applicable plan and will be available
at the appropriate regional office and at other loca-
tions in the state designated by the Regional Admin-
istrator.
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(17.0) 52.2729 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
HI 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) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian .Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
.and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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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.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(v1) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality.concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; and
any other information necessary to determine that best available
control technology will be applied. Upon request of the Adminis-
trator, the owner or operator of the source shall provide informa-
tion on the nature and extent of general commercial, residential,
industrial, and other growth which has occurred in the area af-
fected by the source's emissions (such area to be specified by the
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Administrator) since January 1, 1975.
(4) (i) Where a new or modified source is located on Federal
Lands, such source shall be subject to the procedures
set forth in paragraphs (d) and (e) of this section.
Such procedures shall be in addition to applicable pro-
cedures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
which all required information is received by the Admin-
istrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
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(a) Make a preliminary determination whether the source
should be approved, approved with conditions, or dis-
approved.
(b) Make available in at least one location in each re-
gion in which the proposed source would be construct-
ed, a copy of all materials submitted by the owner or
operator, a copy of the Administrator's preliminary
determination and a copy or summary of other materi-
als, if any, considered by the Administrator in mak-
ing his preliminary determination; and
(c) Notify the public, by prominent advertisement in
newspaper of general circulation in each region in
which the proposed source would be constructed, of
the opportunity for written public comment on the in-
formation submitted by the owner or operator and the
Administrator's preliminary determination on the ap-
provability of the source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public'inspection in at least one
location in the region in which the source would be located,
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to construct or modify shall become invalid if construc-
tion or expansion is not commenced within 18 months after receipt
of such approval or if construction is discontinued for a period
of 18 months or more. The Administrator may extend such time pe-
riod upon a satisfactory showing that an extension is justified.
(4) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strat-
egy and all local, State, and Federal regulations which are part
of the applicable State Implementation Plan.
(f) Delegation of authority
(1) The Administrator shall have the authority to delegate responsi-
bility for implementing the procedures for conducting source re-
view pursuant to paragraphs (d) and (e), in accordance with sub-
paragraphs (2), (3), and (4) of this paragraph.
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with the appropriate
State and local agency which is primarily responsible for
managing land use prior to making any determination re-
quired by paragraph (d) of this section.
(ii) A copy of the notice pursuant to paragraph (e) (1) (ii)
(c) of this section shall be sent to the Administrator
through the appropriate regional office.
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(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source
review pursuant to this section shall not be delegated, other than
to a regional office of the Environmental Protection Agency, for
new or modified sources which are owned or operated by the Federal
government or for new or modified sources located on Federal lands;
except that, with respect to the latter category, where new or
modified sources are constructed or operated on Federal lands pur-
suant to leasing or other Federal agreements, the Federal land
Manager may at his discretion, to the extent permissible under ap-
plicable statutes and regulations, require the lessee or permittee
to be subject to a designated State or local agency's procedures
developed pursuant to paragraphs (d) and (e) of this section.
(4) The Administrator's authority for implementing the procedures for
conducting source review pursuant to this section shall not be re-
delegated, other than to a regional office of the Environmental
Protection Agency, for new or modified sources which are located
on Indian reservations except where the State has assumed juris-
diction over such land under other laws, in which case the Admin-
istrator may delegate his authority to the States in accordance
with subparagraphs (2), (3), and (4) of this paragraph.
(39 FR 42514, Dec. 5, 1974; 40 FR 2802, Jan. 16, 1975, as
amended at 40 FR 24535, June 9, 1975; 40 FR 25005, June 12,
2975; 40 FR 42012, Sept. 10, 1975)
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