U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 257
Air Pollution Regulations in
State Implementation Plans
District of Columbia
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-058
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
District of Columbia
-------
TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1 REPORT NO.
EPA-450/3-78-058
2.
3. RECIPIENT'S ACCESSION-NO.
QCL <") T} T n z ~7
TD ^m U ^ 3 /
4. TITLE AND SUBTITLE 5. REPORT DATE ' /
Air Pollution Regulations in State Implementation i Auqust 1978
Plans: District of Columbia
7 AUTHORIS)
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
10. PROGRAM ELEMENT NO.
11. CONfRACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
Office of Air Quality Planning and Standards 14. SPONSORING AGENCY CODE
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
3rograms 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. Regulat
categories as of January 1, 1978, have bee
this document will be updated annually. S
which have not been Federally approved as
omission of these regulations from this do
the respective Federal, State, or local ag
17.
ions which fall into one of the above
n incorporated. As mandated by Congress,
tate and/or local air quality regulations
of January 1, 1978, are not included here;
cument in no way affects the ability of
encies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
13. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS c. COSATI Field/Group
19. SECURITY CLASS (This Report) 21. N
Unclassified
20. SECURITY CLASS (This page/ 22. PRICE ,•><__ / N., p
•~ ^^
Unclassified $&•*>,/ A ^ \
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-058
Air Pollution Regulations
in State Implementation Plans
f
District of Columbia
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-058
11
-------
INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the-Clean- Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated*-or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
-------
to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, it is
intended to provide a comprehensive compilation of those regulations
which ara incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
-------
SUMMARY SHEET
OF_
EPA-APPROVED REGULATION CHANGES
DISTRICT OF COLUMBIA
Submittal Date
1/29/73
3/22/74
3/22/74
7/17/75
2/25/76
Section Number
52.476
52.478
52.479
52.488
52.490
52.491
52.492
52.493
52.494
52.495
52.496
52.499
Approval Date
10/23/73
6/23/75
9/28/77
5/12/76
12/6/76
Description
Revised Graph for
Particulate Matter
Regulations 8-2:702 and
8-2:707
Regulations 8-2:702 and
8-2:707
Regulations 8-2:709 and
8-2:724
Regulations 8-2:709 and
8-2:705
FEDERAL REGULATIONS
Description
Regulation for Federal Compliance Schedule
Regulation for Review of New or Modified Indirect
Sources
Source Surveillance
Regulation for the Control of Evaporative Losses
from the Filling of Vehicular Tanks
Inspection and Maintenance Program
Bicycle Lanes and Bicycle Storage Facilities
Medium Duty Air/Fuel Control Retrofit
Management of Parking Supply
Heavy Duty Air/Fuel Control Retrofit
Oxidizing Catalyst Retrofit
Vacuum Spark Advance Disconnect Retrofit
Prevention of Significant Deterioration
-------
DOCUMENTATION OF CURRENT EPA-APPROVED
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
-------
TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(2.0)
(1.0)
(1.0)
(50.2)
(50.2)
(50.3)
(50.7)
(51.5)
(51.9)
(50.1.1)
(51.13)
(50.1.3)
(50.1.2)
(12.0)
(50.6)
(7.0)
(13.0)
(9.0)
(16.0)
(16.0)
(15.0)
(5.0)
Section
Number
8-2:701
8-2:702
8-2:703
8-2:704
8-2:705
8-2:706
8-2:707
8-2:708
8-2:709
8-2:710
8-2:711
8-2:712
8-2:713
8-2:714
8-2:715
8-2:716
8-2:717
8-2:718
8-2:721
8-2:722
8-2:723
8-2:724
Title
Purpose and Scope
Definitions
Abbreviations
Use of Certain Fuel Oils Forbidden
Use of Certain Coal Forbidden
Nitrogen Oxide Emissions
Control of Organic Compounds
Fuel Burning Particulate Emission
Incinerators
Process Emissions
Open Burning
Control of Fugitive Dust
Visible Emissions
Exhaust Emissions
Odorous or Other Air Pollutants
Control Devices and Practices
Records, Reports, and Monitoring
Devices
Sampling, Tests and Measurements
Complaints and Investigations
Inspection
Orders For Compliance
Variances
Page
1
1
5
5
5
6
6
12
12
13
14
14
15
15
16
16
17
18
19
19
19
20
VIII
-------
Revised Standard
Section
Subject Index
(16.0)
(15.0)
(14.0)
(9.0)
(2.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(6.0)
(10.0)
(9.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(17.0)
Number
8-2:725
8-2:726
8-2:727
8-2:728
8-2:729
8-2:730
8-2:731
FEDERALLY
Section
Number
52.476
52.478
52.479
52.488
52.490
52.491
52.492
52.493
52.494
52.495
52.496
52.499
Title
Hearings
Penalty
Public Disclosure of Records and
Information: Confidentiality
Air Pollution Monitoring
Construction of Regulation
Independence of Sections
Effective Date
PROMULGATED REGULATIONS
Title
Federal Compliance Schedules
Review of New or Modified Indirect
Sources
Source Surveillance
Control of Evaporatives Losses from
the Filling of Vehicular Tanks
Inspection and Maintenance Program
Bicycle Lanes and Bicycle Storage
Facilities
Medium Duty Air/Fuel Control
Retrofit
Management of Parking Supply
Heavy Duty Air/Fuel Control Retrofit
Oxidizing Catalyst Retrofit
Vacuum Spark Advance Disconnect
Retrofit
Prevention of Significant
Deterioration
Page
21
21
22
22
22
23
23
Page
28
31
41
43
45
46
49
51
53
55
57
71
IX
-------
(2.0) Section 8-2:701. PURPOSE AND SCOPE
Purpose. The purpose of this regulation is to prevent or minimize
emissions as defined herein into the atmosphere and thereby protect and
enhance the quality of the District's air resources so as to promote
the public health and welfare of the people of the District of Columbia,
and to enhance and improve the environment.
Scope. This regulation shall apply to all operations in the District,
including Federal operations, where consistent with the terms of the Clean
Air Act (42 U.S.C. Sections 1857 to 1857 1), as amended, and regulations
promulgated thereunder, the District of Columbia Air Pollution Control
Act (D.C. Code, § 6-811 to 6-813), and Executive Order No. 11507, February
4, 1970 (35 F.R. 2573) entitled, "Prevention, Control, and Abatement of
Air and Water Pollution at Federal Facilities".
(1.0) Section 8-2:702. DEFINITIONS.
As used in this regulation, the following terms shall have the
meaning ascribed unless the context clearly indicates a different
meaning:
Act: The District of Columbia Air Pollution Control Act (82 Stat.
458; D.C. Code, § 6-811 to 6-813; Public Law 90-440).
Air Pollutant: Dust, fumes, gas, mist, smoke, vapor, odor, particu-
late matter, or any combination thereof, except that such term shall
not include uncombined water in the atmosphere unless it presents a
safety hazard.
Air Pollution: The presence in the outdoor atmosphere of one or more
air pollutants in sufficient quantities and of such characteristics
and duration as are likely to be injurious to public welfare, to the
health of human, plant or animal life, or to property, or which
interferes with the reasonable enjoyment of life and property.
Air Quality Standard of the District of Columbia: The primary or
secondary ambient air quality standard adopted by the Commissioner,
and approved by the Environmental Protection Agency of the United
States (EPA).
Commissioner: The Commissioner of the District of Columbia, or his
designated agents.
Control Device: Any device which has as its primary function the
control of emissions from fuel burning, refuse burning, or from a
process, and thus reduces the creation of, or the emission of, air
pollutants into the atmosphere, or both.
District: The District of Columbia.
Dry Cleaning Operation: The process by which an organic solvent is
used in the commercial cleaning of garments and other materials.
-1-
-------
Emission: The act of releasing or discharging air pollutants into
the outdoor atmosphere from any source.
Episode Stage: A level of air pollution in excess of the ambient
air quality standard which may result in an imminent and substan-
tial danger to public health or welfare. This term shall include
alert, warning, and emergency stages.
Existing Source: Equipment, machines, devices, articles, contriv-
ances, or installations which are under construction or in operation
on the effective date of this regulation, except that any existing
equipment, machine, device, article, contrivance, or installation
which is altered, replaced, or rebuilt after the effective date of
this regulation shall be defined as a new source.
Fossil Fuel: Natural gas, petroleum, coal, and any form of solid,
liquid, or gaseous fuel derived from such materials.
Fossil Fuel Fired Steam Generating Unit: A furnance or boiler, or
combination of furnaces or boilers connected to a common stack,
used in the process of burning fossil fuel for the primary purpose
of producing steam by heat transfer.
Fuel Burning Equipment: Any furnance, 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.
Fugitive Dust: Solid, airborne particulate matter emitted from
any source other than through a stack.
Gasoline: Any petroleum distillate having a Reid vapor pressure of
four (4) pounds or greater.
Incinerator: Any furnace used in the process of burning solid waste
for the primary purpose of reducing the volume of the waste by re-
moving combustible matter.
Loading Facility: Any aggregation or combination of gasoline loading
equipment which is both (1) possessed by one person, and (2) located
so that all the gasoline loading outlets for such aggregation or com-
bination of loading equipment can be encompassed within any circle of
300 feet in diameter.
Modification: Any physical change in, or change in the method of
operation of, a stationary source which increases, or decreases the
amount of any air pollutant emitted by such facility, or which re-
sults in the emission of any air pollutant not previously emitted,
except that such term shall not include the following:
(a) Routine maintenance, repair, replacement;
-2-
-------
(b) An increase in the production rate, if such increase
does not exceed the operating design capacity of the
affected facility;
(c) An increase in hours of operation, if such increase does
not exceed the operating design capacity of the facility;
(d) Use of an alternative fuel or raw material if, prior to
the date any standard under this part becomes applicable
to such facility, the affected facility is designed to
accommodate such alternative use.
Multiple Chamber Incinerator: Any incinerator consisting of three or
more refractory lined combustion chambers in series, physically sepa-
rated by refractory walls, interconnected by gas passage ports or
ducts and employing adequate design parameters necessary for maximum
combustion of the material to be fumed. The combustion chamber shall
include as a minimum, one chamber principally for ignition, one
chamber principally for mixing, and one chamber for combustion.
New Source: Equipment, machines, devices, articles, contrivances, or
installations built or installed on or after the effective date of
this regulation, or existing at such time which are later altered,
repaired, or rebuilt. Any such equipment, machines, devices, articles,
contrivances, or installations, moved to a new address, or operated
by a new owner, or a new lessee, after the effective date of this
regulation, shall be considered a new source.
Odor: The property of an air pollutant which affects the sense of
smell.
Opacity: A state which renders material partially or wholly impervious
to rays of light and causes obstruction of an observer's view.
Organic Solvents: Volatile organic compounds which are liquids at
standard conditions, and which are used as dissolvers, viscosity
reducers, or cleaning agents.
Particulate Matter: Any finely divided material which exists as a
liquid or solid under standard conditions, with the exception of
uncombined water.
Person: Includes individuals, firms, partnerships, companies, cor-
porations, trusts, associations, organizations, or any other private
or public entitles.
Photochemically Reactive Solvent: Any solvent with an aggregate of
more than 20 percent of its total volume composed of the chemical
compounds classified below or which exceeds any of the following
individual percentage composition limitations, as applied to the
total volume of solvent.
-3-
-------
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic
type of unsaturation: five percent;
(ii) A combination of aromatic compounds with eight or more
carbon atoms to the molecule except ethyl benzene: eight
percent;
(iii) A combination of ethylbenzene or ketones having branched
hydrocarbon structures, fichloroethylene or toluene:
twenty percent.
Process: Any action, operation, or treatment of materials, includ-
ing handling and storage thereof, which may cause the discharge of
an air pollutant or pollutants, into the atmosphere, excluding fuel
burning and refuse burning.
Process Weight: The total weight in pounds of all materials intro-
duced into any specific process.
Process Weight Per Hour: The process weight divided by the number
of hours in one complete operation, excluding any time during which
equipment is idle.
Smoke: Small gas-borne particles resulting from incomplete combustion,
consisting predominantly, but not exclusively, of carbon, ashes, or
other combustible material.
Solid Waste: Refuse, more than 50 percent of which is waste consisting
of a mixture of paper, wood, yard wastes, food wastes, plastics,
leather, rubber, and other combustibles, and noncombustible materials
such as glass and rock.
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 outdoor atmosphere.
Standard Conditions: A dry gas temperature of 70° Fahrenheit and a
gas pressure of 14.7 pounds per square inch absolute.
Stationary Source: Any building, structure, facility, or installation
which emits or may emit air pollutants.
Submerged Fill Pipe: Any fill pipe, the discharge opening of which
is entirely submerged when the liquid level is 6 inches above the
bottom of the tank. This term shall also include, when applied to
a tank which is loaded from the side, a fill pipe adequately covered
at all times during normal working of the tank.
-4-
-------
Volatile Organic Compounds: Any compound containing carbon and
hydrogen or containing carbon and hydrogen in combination with any
other element which has a vapor pressure of 1.5 pounds per square
inch absolute or greater under actual storage conditions.
(1.0) Section 8-2.703. ABBREVIATIONS. As used in this regulation, the follow-
ing abbreviations shall have the meaning described below:
B.T.U. - British thermal unit.
cal. - calorie(s).
CO - Carbon Monoxide.
g. - gram(s).
Ib. - pound(s).
No. - number.
% - percent.
N02 - Nitrogen Dioxide.
S0~ - Sulphur Dioxide.
hr. - hour(s).
ppm - parts per million.
Hi-Vol. - high volume samples.
CoHs - coefficient of haze.
ug/m3 - microgram(s) per cubic meter.
0 - degree.
max. - maximum.
U.L. - Underwriters Laboratories located at
207 East Ohio Street
Chicago, Illinois 60611
(50.2) Section 8-2:704. USE OF CERTAIN FUEL OILS FORBIDDEN.
No person shall purchase, sell, offer for sale, store, transport, use,
cause the use of, or permit the use of, fuel oil which contains more than
}% sulfur by weight in the District, if such fuel oil is to be burned in
the District.
After the end of the twelfth complete month occurring immediately
after the effective date of the Air Quality Ammendment No. II - relating
to the Sulfur Content of Fuels Act, the sulfur content of such fuel oil
shall not exceed 0.5% by weight.
(50.2) Section 8-2:705. USE OF CERTAIN COAL FORBIDDEN.
No person shall purchase, sell, offer for sale, store, transport,
use, cause the use of, or permit the use of coal which contains more than
1% sulfur by weight in the District, if such coal is to be burned in the
District. On and after the end of the twelfth complete month occurring
immediately after the effective date of the Air Quality Ammendment No. II -
relating to the Sulfur Content of Fuels Act, the sulfur content of such
coal shall not exceed 0.5% by weight: Provided, that when the Commis-
sioner certifies in writing that the combustion-gas-desulfurization
system used at a stationary source results in sulfur oxide emission no
greater than the emissions normally resulting from the burning of coal
with 1% sulfur content and, after the end of the twelfth complete month
-5-
-------
occurring immediately after the effective date of the Air Quality Ammendment
No. II - relating to the Sulfur Content of Fuels Act, the sulfur content
of such coal shall not exceed 0.5% sulfur content, coal of a higher sulfur
content may be burned at such stationary source. Application for a certi-
fication shall be made in writing to the Commissioner by the owner or
operator of such stationary source and, upon presentation to a seller
of such certification, a copy of which shall be retained by the seller,
the sale, purchase, and transportation of such coal shall be permitted.
(50.3) Section 8-2:706. NITROGEN OXIDE EMISSIONS.
(a) Designation of Affected Facilities. This section shall apply
to fossil fuel-fired steam generating units of more than
100,000,000 B.T.U. per hour heat input.
(b) Standard of Nitrogen Oxides. No person shall discharge, or
cause the discharge into the atmosphere of nitrogen oxides in
excess of the emission limits set forth hereinafter in Appendix
No. 3.
(50.4) Section 8-2:707. CONTROL OF ORGANIC COMPOUNDS.
(a) Storage of Petroleum Products. A person shall not place, store
or hold in any stationary tank, reservoir or other container of
more than 40,000 gallons capacity any gasoline or any petroleum
distillate having a vapor pressure of 1.5 pounds per square inch
absolute or greater under actual storage conditions, unless such
tank, reservoir or other container is a pressure tank maintaining
working pressures sufficient at all times to prevent hydrocarbon
vapor or gas loss to the atmosphere, or is designed and equipped
with one of the following vapor loss control devices in good
working order and in operation.
(1) A floating roof, consisting of a pontoon type or
doubledeck type roof, resting on the surface of the
liquid contents and equipped with a closure seal, or
seals, to close the space between the roof edge and
tank wall. The control equipment provided for in
this paragraph shall not be used if the gasoline or
petroleum distillate has a vapor pressure of 11.0
pounds per square inch absolute or greater under
actual storage conditions. All tank gauging and
sampling devices shall be gas-tight except when
gauging or sampling is taking place.
(2) A vapor recovery system, consisting of a vapor
gathering system capable of collecting the hydro-
carbon 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.
-6-
-------
(3) Other equipment of equal efficiency, provided such
equipment is submitted to and approved by the Commis-
sioner.
(b) Volatile Organic Compounds or Gasoline Loading into Tank Trucks,
Trailers and Railroad Tank Cars.A person shall not load volatile
organic compounds or gasoline into any tank truck, trailer, or
railroad tank car from any loading facility unless such loading
facility is equipped with a vapor collection and disposal system
or its equivalent in good working order and in operation. When
loading is effected through the hatches of a tank truck, trailer,
or railroad tank car with a loading arm equipped with a vapor
collecting adaptor, a pneumatic, hydraulic or other mechanical
means shall be provided to force a vapor-tight seal between the
adaptor and the hatch. A means shall be provided to prevent
liquid drainage from the loading device when it is removed from
the hatch of any tank truck, trailer, or railroad tank car, or
to accomplish complete drainage before such removal.
When loading is effected through means other than hatches, all
loading and vapor lines shall be equipped with fittings which
make vapor-tight connections and which close automatically when
disconnected.
The vapor disposal portion of the system shall consist of one
of the following:
(1) A vapor-liquid absorber system with a minimum recovery
efficiency of 90 percent by weight of all the hydro-
carbon vapors and gases entering such disposal system.
(2) A variable vapor space tank, compressor, and fuel gas
system of sufficient capacity to receive all hydrocarbon
vapors and gases displaced from tank trucks, trailers
and railroad tank cars being loaded.
(3) Other equipment of at least 90 percent efficiency, pro-
vided such equipment is submitted to and approved by
the Commissioner.
(c) Volatile Organic Compounds or Gasoline Transfer Vapor Control.
(1) No person shall transfer volatile organic compounds or
gasoline from any delivery vessel into any stationary
storage container with a capacity greater than 250
gallons unless such container is equipped with a sub-
merged fill pipe and unless the displaced vapors from
the storage container are processed by a system that
prevents release to the atmosphere of no less than
90 percent by weight of organic compounds in said
vapors displaced from the stationary container location.
-7-
-------
(A) The vapor recovery portion of the system shall
include one or more of the following:
(i) A vapor-tight (dry break) vapor return line
from the storage container to the delivery
vessel and system that will ensure that the
vapor return line is connected before gaso-
line can be transferred into the container.
(ii) Refrigeration-condensation system or equiva-
lent designed to recover no less than 90
percent by weight of the organic compounds
in the displaced vapor.
(B) If a "vapor-tight vapor return" system is used to
meet the requirements of this section, the system
shall be so constructed as to be adapted to retro-
fit with an absorption system, refrigeration-
condensation system, or equivalent vapor removal
system, and so constructed as to anticipate compli-
ance with Section 8-2:707 (d).
(C) The vapor-laden delivery vessel shall be subject
to the following conditions:
(i) The delivery vessel must be so designed and
maintained as to be vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled
only at facilities equipped with a vapor re-
covery system or the equivalent which can re-
cover at least 90 percent by weight of the
organic compounds in the vapor displaced from
the delivery vessel during refilling,
(2) The provisions of this paragraph (c) shall not apply to
the following:
(A) Any container having a capacity less than 2,000
gallons installed prior to promulgation of this
paragraph; provided, however, said containers are
equipped with submerged fill pipes.
(B) Transfer made to storage tanks equipped with float-
ing roofs or their equivalent.
(3) Compliance Schedule:
Every owner or operator of a stationary storage con-
tainer or delivery vessel subject to this section para-
graphs (a), (b), and (c) herein shall meet the following
compliance schedule:
-8-
-------
(A) Any owner or operator in compliance with this
section on the effective date of this regulation
shall certify such compliance to the Commissioner
no later than 45 days following the effective
date of this section.
(B) Any owner or operator who achieves compliance
with this section after the effective date of
this section shall certify such compliance to
the Commissioner within five days of the date
compliance is achieved.
(4) Any owner or operator of a source subject to paragraphs
(a), (b), and (c) of this section may, not later than
45 days following the effective date of this section,
submit to the Commissioner for approval a proposed com-
pliance schedule that demonstrates compliance with the
provisions specified in paragraphs (a), (b), and (c)
of this section as expeditiously as practicable but
no later than June 30, 1974. The compliance schedule
shall provide for increments of progress toward compli-
ance. The dates for achievement of such increments of
progress shall be specified. Increments of progress
shall include, but not be limited to:
(A) Submittal of final control plan to the Commissioner;
(B) Letting of necessary contracts for construction
process of changes or issuance of orders for the
purchase of component parts to accomplish emission
control or process modification;
(C) Initiation of on-site construction or installation
of emission control equipment or process modifica-
ti on;
(D) Final compliance.
(5) Any owner or operator who submits a compliance schedule
pursuant to this paragraph shall, within five days after
deadline for each increment of progress certify to the
Commissioner whether or not the required increment of
the approved compliance schedule has been met.
(d) Control of Evaporative Losses from the Filling of Vehicular Tanks:
(1) No person shall transfer gasoline to an automotive fuel
tank from gasoline dispensing systems unless the transfer
is made through a fill nozzle designed to:
(A) Prevent discharge of hydrocarbon vapors to the
atmosphere from either the vehicle filler neck
or dispensing nozzle.
-9-
-------
(B) Direct vapor displaced from the automotive fuel
tank to a system wherein at least 90 percent by
weight of the organic compounds in displaced
vapors are recovered.
(C) Prevent automotive fuel tank overfills or spillage
on fill nozzle disconnect.
(2) The system referred to in paragraph (d) (1) of this
section may consist of a vapor-tight return line from
the fill nozzle filler neck interface to the dispensing
tank or to an adsorption, absorption, incineration,
refrigeration-condensation system or its equivalent.
(3) Components of the systems required by paragraph (c) of
this section can be used for compliance with paragraph
(d) (1) of this section.
(4) If it is demonstrated to the satisfaction of the Com-
missioner that it is impractical to comply with the
provisions of paragraph (d) (1) of this section as a
result of vehicle fill neck configuration, location, or
other design features of a class of vehicles, the
provisions of this section shall not apply to such
vehicles. However, in no case shall such configuration
exempt any gasoline dispensing facility from installing
and using in the most effective manner a system re-
quired by paragraph (d) (1) of this section.
(5) Every owner or operator of a gasoline dispensing system
subject to this section shall comply with the following
compliance schedule:
(A) January 1, 1975 - Submit to the Commissioner a
final control plan, which describes at a minimum
the steps which will be taken by the source to
achieve compliance with the provisions of para-
graph (d) (1) of this section.
(B) March 1, 1975 - Negotiate and sign all necessary
contracts for emission control systems, or issue
orders for the purchase of component parts to
accomplish emission control.
(C) May 1, 1975 - Initiate on-site construction or
installation of emission control equipment.
(D) May 1, 1977 - Complete on-site construction or
installation of emission control equipment or
process modification.
(E) May 31, 1977 - Assure final compliance with the
provisions of paragraph (d) (1) of this section.
-10-
-------
(F) Any owner or operator of sources subject to the
compliance schedule in this paragraph shall certify
to the Commissioner within five days after the
deadline for each increment of progress, whether
or not the required increment of progress has been
met. (Note: Dates given in (5) (A), (B), and (C)
have been suspended until further notice.)
(6) Paragraph (d)(5) of this section shall not apply:
(A) To a source which is presently in compliance with
paragraph (d) (1) of this section and which has
certified such compliance to the Commissioner by
January 1, 1975. The Commissioner may request
whatever information he considers necessary for
proper certification.
(B) To a source whose owner or operator submits to
the Commissioner by June 1. 1974, a proposed
alternative schedule. No such schedule may pro-
vide for compliance after May 31, 1977. If pro-
mulgated by the Commissioner such schedule shall
satisfy the requirements of this paragraph for
the affected source.
(e) Dry Cleaning Operation:
(1) No person shall operate a dry cleaning operation using
other than perch!oroethylene, 1,1, 1-trichloroethane,
or saturated halogenated hydrocarbons unless the uncon-
trolled organic emissions from such operation are re-
duced at least 85 percent; provided that dry cleaning
operations emitting less than three pounds per hour and
less than 15 pounds per day of uncontrolled organic
materials are exempt from the requirement of this section.
(2) If incineration is used as a control technique, 90
percent or more of the carbon in the organic emissions
being incinerated must be oxidized to carbon dioxide.
(3) Any owner or operator of a source subject to this
section shall achieve compliance with the requirements
of paragraph (1) (1) of this section by discontinuing
the use of photochemically reactive solvents no later
than April 1, 1974, or by controlling emissions as re-
quired by paragraphs (1) and (2) of this section no later
than May 31, 1975.
(f) Organic Solvents:
(1) No person shall discharge into the atmosphere more than
15 pounds of photochemically reactive solvents in any
-11-
-------
one day, no more than 3 pounds in any one hour, from
any article, machine, equipment or other contrivance,
unless the uncontrolled organic emissions are reduced
by at least 85 percent.
(2) No person shall discharge into the atmosphere more than
40 pounds of non-photochemically reactive solvents in
any one day, nor more than 8 pounds in any one hour,
from any article, machine, equipment or other contri-
vance, unless the uncontrolled organic emissions are
reduced by at least 85 percent. Dry cleaning operations
are exempt from the requirements of this paragraph.
(g) Pumps and Compressors. All pumps and compressors handling volatile
organic compounds shall have mechanical seals or other equivalent
equipment approved by the Commissioner.
(h) Waste Gas Disposal from Ethylene Producing Plant. No person shall
cause, suffer, or allow the emission of a waste gas stream from
any ethylene producing plant, or source utilizing ethylene as a
raw material, into the atmosphere in excess of 20 pounds per 24-
hour period, unless the waste gas stream is properly burned at
1,300° Fahrenheit for 0.3 of a second or longer in a direct-flame
after-burner, or is removed by a method of comparable efficiency
approved by the Commissioner.
(i) Waste Gas Disposal from Vapor Blow-Down System. No person shall
emit hydrocarbon gases into the atmosphere from a vapor blow-
down system, unless these gases are burned by smokeless flares,
or an equally effective control device approved by the Commis-
sioner, but this subsection shall not apply to accidental or
emergency emissions of hydrocarbons needed for safe operation
of equipment and processes.
(51.5) Section 8-2:708. FUEL BURNING PARTICULATE EMISSION.
No person shall cause, suffer, or allow to be emitted into the out-
door atmosphere from any fuel-burning equipment or premises, or to pass
from a stack, particulate matter in flue gases which exceeds 0.13 pounds
per 1,000,000 B.T.U. per hour total input. For installations using more
than 3,500,000 B.T.U. per hour total input, the particulate emission
limitation shall decrease as the rate of heat input increases, according
to the scales in Figure No. 1, contained hereinafter in Appendix No. 1.
(51.9) Section 8-2:709. INCINERATORS.
(a) Single Chamber and Flue-Fed Incinerators. The use of single
chamber and flue-fed incinerators is prohibited. No person
shall be permitted to use an incinerator unless it is of multi-
ple chamber design, and otherwise in compliance with this regu-
lation.
-12-
-------
(b) Incinerators Built Before Prohibition is Effective. No person
shall commence operation of any new incinerator after enactment
of this regulation which emits more than 0.03 grains of particu-
late matter per standard dry cubic foot of exhaust gas (maximum
two-hour average) corrected to 12% carbon dioxide.
(c) Existing Incinerators. After July 4, 1973, no person shall
continue use of any incinerator which is in existence at the
time of enactment of these regulations which incinerator is of
more than 400 pounds per hour capacity, or which emits more than
0.08 grains of particulate matter per standard dry cubic foot of
exhaust gas (maximum two-hour average) corrected to 12% carbon
dioxide.
(d) New Incinerators Prohibited. After July 4, 1975, no new incinera-
tor shall commence operation except where the Commissioner shall
find that any other system of waste disposal would endanger the
public health.
(e) District Owned Incinerator. The District facility known as Solid
Waste Reduction Center No. 1 shall be operated so as not to dis-
charge into the atmosphere particulate matter which is in excess
of .08 grains of particulate matter per standard dry cubic foot
of exhaust gas (maximum two-hour average) corrected to 12% carbon
dioxide.
(f) Hours of Operation. No person shall operate or cause or permit
the operation of any incinerator at any time other than between
the hours of 10:00 a.m. and 4:00 p.m. This restriction shall not
apply to incinerators having a refuse-burning capacity of five (5)
tons per hour or more.
(50.1.1) Section 8-2:710. PROCESS EMISSIONS.
(a) Particulates. No person shall cause, suffer, or allow discharge
of particulate matter into the atmosphere from any process which
exceeds the emission limits set forth in the table contained
hereinafter as Appendix No. 2. On and after July 1, 1972, such
allowable limits shall not exceed 0.03 grains per standard dry
cubic foot of exhaust gas. Where the process or the design of
equipment is such as to permit more than one interpretation of
this section, the interpretation that results in the minimum
value of allowable emissions shall apply. Adding diluted air
to the exhaust gas stream for the purpose of complying with the
provisions of this subsection is prohibited.
(b) Sulfur Oxides. No person shall cause, suffer or allow discharges
into the atmosphere of sulfur oxides calculated as sulfur dioxide,
in excess of 0.05% by volume.
-13-
-------
(51.13) Section 8-2:711. OPEN BURNING.
(a) Prohibition of Open Burning. Except as otherwise provided by
subsection (b), no person shall ignite, cause to be ignited,
permit to be ignited, or maintain, any open fire.
(b) Exceptions. Open fires may be permitted for one or more of the
following reasons or purposes:
(1) The performance of an official duty by any public health
or public safety officer, after notification to the Commis-
sioner;
(2) Prevention of a fire hazard which cannot be abated by other
means;
(3) Instruction of public fire fighters under the supervision
of a designated fire marshal;
(4) Recreational purposes, including the cooking of food for
human consumption on other than commercial premises; or
(5) Providing warmth for construction or other workers by use
of Salamander heaters or other heating devices approved by
the Commissioner.
(50.1.3) Section 8-2:712. CONTROL OF FUGITIVE DUST.
No person shall cause, suffer, allow, or permit any materials to be
handled, transported, or stored; or a building its appurtenances, or a
road, to be used, constructed, altered, repaired, or demolished without
taking reasonable precautions to prevent particulate matter from becoming
airborne. Such reasonable precautions shall include, but are not limited
to, the following:
(a) Use, where possible, of water or chemicals for control of dust
in the demolition of existing buildings or structures, construc-
tion operations, the grading of roads, or the clearing of land;
(b) Application of asphalt, oil, water, or suitable chemicals on
dirt roads, materials, stockpiles, or other surfaces which can
create airborne dusts;
(c) Installation and use of hoods, fans, and fabric filters to en-
close and vent the handling of dusty materials, and employment
of adequate containment methods during sandblasting or similar
operations;
(d) Covering, at all times when in motion, the contents of open
bodied trucks transporting materials likely to become airborne;
-14-
-------
(e) Paving of roadways and their maintenance in a clean condition;
and,
(f) Prompt removal of earth or other material from a paved street,
where the earth or other material has been transported thereto
or accidentally deposited by trucking or earth moving equipment
or erosion by water.
(50.1.2) Section 8-2:713. VISIBLE EMISSIONS.
Except as otherwise provided in this regulation, no person shall
cause, suffer or allow to be emitted into the outdoor atmosphere, visible
emissions from stationary sources: Provided, That discharges not exceeding
20% opacity shall be permitted for 2 minutes in any 60 minute period and
for an aggregate of 12 minutes in any 24 hour period until August 31, 1973.
These discharges shall be allowed only for "start-up", cleaning, soot
blowing, and/or adjusting combustion controls of boilers. Where the
presence of uncombined water is the only reason for failure of an emission
to meet the requirements of this section, this section shall not be appli-
cable. The provisions of this section shall not apply to visible emissions
from interior fireplaces, or from sources set forth in Section 8-2:711(b).
(12.0) Section 8-2:714. EXHAUST EMISSIONS.
(a) Gasoline Powered Motor Vehicles. No person shall cause, suffer,
or allow visible smoke emissions from the engines or exhaust
systems of gasoline powered motor vehicles.
(b) Diesel Powered Motor Vehicles. No person shall cause, suffer,
or allow visible smoke emissions from the engines or exhaust
systems of disel powered motor vehicles, except that emissions
of 20% equivalent opacity shall be permitted not more than 5
consecutive seconds.
(c) Engine Idling. No person, nor his servants or agents, shall
cause, suffer, permit or allow the engine of a gasoline, or
disel powered motor vehicle including private passenger vehicles,
on public or private space to idle for more than 3 minutes
while such motor vehicle is parked, stopped or standing, except
as follows:
(1) To permit the operation of power takeoff equipment such as,
but not limited to dumping, cement mixers, refrigeration
systems, content, delivery, winches or shredders.
(2) To permit the operation for 15 minutes of air conditioning
equipment on buses with an occupancy of 12 or more persons.
(3) To permit the operation of heating equipment when the local
temperature is 32° Fahrenheit or below.
(d) Lead Content Reduction. After July 4, 1974, all gasoline service
stations shall offer for sale at least one grade of regular
gasoline which contains no more than .03 gram of lead per gallon.
-15-
-------
After January 1, 1974 no gasoline containing more than 2.0
grams of lead per gallon shall be sold. After January 1, 1976
no gasoline containing more than 1.0 grams of lead per gallon
shall be sold.
(50.6) Section 8-2:715. ODOROUS OR OTHER AIR POLLUTANTS.
(a) Injurious Pollutants. No person shall cause, suffer, or allow
an emission into the atmosphere of odorous or other air pollu-
tants from any source in such quantities and of such character-
istics and duration as is, or is likely to be injurious to the
public health or welfare, or which interferes with the reasonable
enjoyment of life and property.
(b) Odor Violations. The emission of an odor shall be deemed a
violation when after separate complaints of 3 or more persons:
(1) The Commissioner using the Barnebey-Cheney Scentometer at
Number 1 odor strength detects an odor; or
(2) The Commissioner using any other device approved by him as
an effective instrument in the detection of odors, records
an odor.
(7.0) Section 8-2:716. CONTROL DEVICES AND PRACTICES.
(a) Motor Vehicles. No person shall remove or cause, or permit to
become inoperative or ineffective devices installed by motor
vehicle manufacturers for the purpose of controlling emissions
or otherwise complying with law.
(b) Stationary Sources. No person shall remove, or cause, or permit
to become inoperative or ineffective devices or practices pro-
vided for the control of air pollutants discharged from stationary
sources, or otherwise complying with law.
(1) Shutdown of Stationary Source Control Equipment. Whenever
it is necessary to shut down air pollution control equipment
for periodic maintenance, the owner or operator of such
equipment shall report the planned shutdown to the Commis-
sioner at least 48 hours prior thereto. Such prior notice
shall include, but is not limited to, the following:
A. Identification of the specific facility to be taken
out of service as well as its location and permit
number;
B- The expected length of time that the air pollution
control equipment will be out of service;
The nature and quantity of emissions of air pollutants
likely to occur during the shutdown period:
-16-
-------
D. Measures that will be taken to minimize the length
of the shutdown period; and
E. The reasons that it would be impossible or impractical
to shut down the source operation during the maintenance
period.
(2) Notification by Commissioner. The Commissioner shall by
notice to the owner or operator permit the continued opera-
tion of the stationary source for the time period proposed,
or for such lesser time as he deems reasonable, or he may
order the owner or operator to discontinue operation of the
stationary source until the maintenance is completed, or the
malfunctioning equipment is repaired.
(13.0) Section 8-2:717. RECORDS. REPORTS, AND MONITORING DEVICES.
(a) Reporting of Information Upon Request of Commissioner. The
Commissioner may require any person engaged in operations which
may result in air pollution or the handling of products the use
of which may result in air pollution to file with the Commissioner
written reports containing information as to:
(1) Location and description of source;
(2) The chemical composition, physical properties, and the
amount of any material used; and
(3) Such other information as the Commissioner shall require
for the enforcement of this regulation.
(b) Required Records and Periodic Reports. The owner or operator of
a stationary source which emits 25 tons or more per year of any
air pollutant shall maintain written records of the nature and
amount of emissions of such source. Such records shall include,
(1) emission data derived from stationary source monitoring and
measuring devices required by subsection (c) of this section,
and (2) the results of sampling of emissions, showing sampling
methods and procedures used. Such records shall be made available
to the Commissioner during regular business hours.
(c) Monitoring Devices. The Commissioner shall require the owner or
operator of a stationary source which emits more than 100 tons
per year of any air pollutant to install, maintain, and operate,
at the expense of said owner or operator, such stationary source
monitoring devices as may be necessary to enable such owner or
operator and the Commissioner to determine whether the source
is being, or will be operated in compliance with all applicable
air pollution standards, regulations, and laws. Monitoring
information shall be supplied as the Commissioner may require
in accordance with subsection (a) of this section.
-17-
-------
(d) Prohibited Devices. No person shall install or use any article,
machine, equipment, device, or other contrivance which conceals
an emission from any source.
(9.0) Section 8-2:718. SAMPLING, TESTS, AND MEASUREMENTS.
(a) General. The Commissioner may conduct or cause to be conducted,
or require an owner or operator to conduct, tests of emission of
air pollutants from any source. Upon request to the Commissioner,
the person responsible for the source to be tested shall provide
necessary holes in stacks or ducts and such other safe and proper
sampling and testing facilities as may be necessary for proper
determination of the emission of air pollutants. The Commissioner
may take or cause to be taken samples of fuel by any appropriate
means, in such quantities as he feels are necessary for purposes
of determining compliance with this regulation.
(b) Particulate Matter. Stack tests for particulate matter shall be
undertaken by generally recognized standards or methods of measure-
ment. Methods found in the American Society of Mechanical
Engineers Test Code for Determining Dust Concentration in Gas
Streams, PTC-27-1957, and the Los Angeles County California
Source testing Manual shall be used, but such methods may be
modified or adjusted by the Commissioner to suit specific sampling
conditions or needs based upon good practice, judgment, and
experience.
(c) Sulfur. The method for determining the sulfur content of fuel
oil shall be that described in the American Society for Testing
and Materials publication, D-129-64, "Standard Method of Test for
Sulfur in Petroleum Products and Lubrications by the Bomb Method".
The method for determining the sulfur content of coal shall be
that described in the American Society for Testing and Materials
publication, D-271-64, "Laboratory Sampling and Analysis of Coal
and Coke." Equivalent methods may be approved by the Commissioner.
(d) Visible Emissions. The Ringelmann Smoke Chart published and
described in the United States Bureau of Mines Information Circular
8333, or any other chart, recorder, indicator or device approved
by the Commissioner for the measurement of plume density shall be
used in determining the grade of shade or opacity of visible air
contamination emissions.
(e) Odor.
(1) Odor measurements shall be made with a scentometer, such
as that manufactured by the Barnebey-Cheney Company, or
by any device approved by the Commissioner as an effective
instrument in the detection of odor.
(2) The odor strength as detected by the Barnebey-Cheney
Scentometer is that number corresponding to the maximum
dilution when an odor is preceived on the following basis:
-18-
-------
Number Odor-Bearing Air Odor-Free Air
1 1 part to 1 part
2 1 part to 2 parts
3 1 part to 8 parts
4 1 part to 32 parts
5 1 part to 128 parts
(f) Availability of Publications. The publications cited in this
section shall be kept on file at the office of the Director of the
Department of Environmental Services and shall be available for
public inspection.
(16.0) Section 8-2:721. COMPLAINTS AND INVESTIGATIONS.
(a) Complaints. Any person may complain to the Commissioner about
air pollution conditions, violations of the Act, or violations
of rules, regulations, orders, or determinations of the Commis-
sioner. The complaint shall provide the following information:
(1) The location, or source of the condition, or alleged
violation;
(2) The name and address of the party controlling the location
or source, if known; and
(3) The factual basis for the complaint.
(b) Investigations. The Commissioner shall be responsible for invest-
igation of such complaints.
(16.0) Section 8-2:722. INSPECTION.
The Commissioner is authorized to make such inspections of premises
and records of operation as may be necessary for the enforcement of the
Act and this regulation.
(15.0) Section 8-2:723. ORDERS FOR COMPLIANCE.
Whenever the Commissioner has reason to believe that a violation of
the Act or this regulation or rules made pursuant to either has occurred,
he shall cause written notice to be served upon the alleged violator. The
notice shall specify the provision of the law, regulation or rule alleged
to be violated, the facts alleged to constitute a violation thereof, and
shall order that necessary corrective action be taken within a reasonable
time. Nothing in this section shall be construed to prevent the Commissioner
from initiating appropriate action for the recovery of a penalty pursuant
to Section 8-2:726, or from seeking enforcement of this regulation by
injunctive relief or other appropriate remedy.
-19-
-------
(5.0) Section 8-2:724. VARIANCES.
(a) General Conditions.
(1) Any person required to perform an act by this regulation
may be excused by the Commissioner from the performance of
such act, either in whole or in part, upon a finding by the
Commissioner that the full performance of such act would
result in exceptional or undue hardship by reason of exces-
sive structural or mechanical difficulty, or the impractica-
bility of bringing such activity into full compliance with
the requirements of this regulation: Provided, That a
variance may be granted only where, and to the extent
necessary to ameliorate such exceptional or undue hardship,
and only when compensating factors are present which are
adequate protection to the public health or welfare, and
assure that the intent and purpose of the act, and this
regulation, are not impaired. Such person shall submit a
written request for a variance setting forth the nature of
the act required to be performed, the exceptional or undue
hardship which would result from its performance, and any
variance from the terms of the notice and requirements of
this regulation which he may seek. Such request for a
variance shall be filed with the Commissioner within the
period specified in the order for compliance.
(2) A variance is hereby granted for the operation of diesel
locomotives on common carrier railroads in the District of
Columbia.
(b) Publication in the D.C. Register. All requests for variances
shall be published in the District of Columbia Register, at the
expense of the applicant, if over $5, at least 30 days before the
Commissioner rules on the request. The published notice shall
briefly set forth the information contained in the applicant's
written request. Any person may submit comments on the application
within 30 days of the published notice.
(c) Commissioner to Maintain Written Record of Action on Requests.
The Commissioner shall maintain a written record of all variances
granted and denied. The record shall include all bases for the
grant or denial, and shall be available for public inspection.
(d) Length of Variance. No variance shall be granted for more than
one year, and may be renewable annually if the Commissioner
finds that the intent and purpose of the Act and this regulation
are not impaired. No renewal shall be granted except on applica-
tion therefor. Any such application shall be made at least sixty
(60) days prior to the expiration of the variance. The require-
ments of subsection (b) shall apply in cases of renewal.
(e) Operation While Variance Request Pending. Nothing in this section
shall be construed to permit any operation in violation of this
regulation during the pendency of a request for a variance.
-20-
-------
(f) Operation During Emergency. Nothing in this section, and no
variance or renewal granted pursuant hereton, shall be construed
to prevent or limit the application of the emergency provisions
and procedures of Section 8-2:719 of this regulation to any
person or his property.
(16.0) Section 8-2:725. HEARINGS.
(a) Right to Hearing. Except as otherwise provided in this regula-
tion, any person aggrieved by any adverse action of the Commis-
sioner may have review thereof by the Commissioner in accordance
with the District of Columbia Administrative Procedure Act. In
administration of the hearing the Commissioner may require the
production of persons, papers and materials under subpoena as is
set forth in D.C. Code Section 1-237.
(b) Request for Hearing. A request for a hearing to review adverse
action proposed by the Commissioner shall be made in writing
within 15 days following notification to the aggrieved person of
the contemplated action and of his right to a hearing with respect
to such action.
(c) Failure to Request Hearing or Appear at Hearing. Upon failure
by an aggrieved person to request a timely hearing, or failure
of such party to appear at a scheduled hearing for which no con-
tinuance has been or is granted, the Commissioner may without a
hearing take the action contemplated in the notice.
(d) Alternative Remedies. Nothing in this section shall be construed
to prevent the Commissioner from initiating appropriate action for
the recovery of a penalty pursuant to Section 8-2:726 of this
regulation, or from seeking enforcement by injunctive relief or
other appropriate remedy during the pendency of a review proceeding.
(15.0) Section 8-2:726. PENALTY.
(a) Any person who fails to comply with any provision of this regula-
tion, or who refuses, interferes with, or prevents any inspection
authorized by this regulation shall be punished by a fine not to
exceed $300 or imprisonment not to exceed 90 days, or both. In
the event of any violation of, or failure to comply with, this
regulation, each and every day of such violation, or failure, shall
constitute a separate offense and the penalties described herein
shall be applicable to each such separate offense.
(b) Any person, other than a District employee who shall furnish
material and substantial evidence leading to the payment of a
fine or the forfeiture of collateral imposed under this regulation
shall be paid subject to appropriation one-half of each such fine
or forfeiture unless the Commissioner or a court of competent
jurisdiction shall so otherwise direct. This section shall not
be so construed as to create any right to the proceeds of any such
-21-
-------
fine or forfeiture. No person shall receive more than $1,000
total in any given 12 months under this subsection.
(14.0) Section 8-2:727. PUBLIC DISCLOSURE OF RECORDS AND INFORMATION:
CONFIDENTIALITY:
Emission data secured as the result of this regulation, or other
provisions of law shall be correlated with applicable emission limitations
or other control measures and shall be available for public inpsection
during regular business hours or by appointment at the offices of the air
quality control agency.
Information, other than emission data, which relates to production,
sales figures, or processes of any owner or operator, shall not be disclosed
publicly upon finding by the Commissioner that to do so will result in a
significant and adverse effect upon the competitive position of such owner
or operator; except in or following public hearing, or except as may be
necessary to protect the public health, safety or well-being. Nothing
herein shall be construed to prevent the use of such records or information
by the Commissioner in compiling or publishing analyses, or summaries
relating to the general condition of the outdoor atmosphere: Provided,
That such analyses or summaries do not reveal any information otherwise
confidential under the provisions of this section.
(9.0) Section 8-2:728. AIR POLLUTION MONITORING.
(a) By February 1, 1973 the Commissioner shall establish a simpli-
fied, daily, public reporting index of air pollution levels in
the District of Columbia. Such an index shall indicate the levels
of pollutant which he determines the public should be informed.
Such index shall also include a statement of the air quality
levels within approximately a two mile radius from the White
House as well as within any other geographic area he may deter-
mine should be reported. In adopting an index the Commissioner
shall coordinate his efforts as closely as possible with the
Metropolitan Washington Council of Governments to insure a
uniform regional system of air quality levels reporting.
(b) By February 1, 1973 the Commissioner shall report to the District
of Columbia Council the status of the air quality monitoring
system within the District and that system's relationship to
such monitoring systems in the region. The report shall indicate
the number and location of permanent air quality monitoring
stations in the District, the number of average spot checks
within a given month, and the types of pollution monitored in
each instance. The report shall also state the goals for a
District of Columbia air quality monitoring system and the time-
table and cost for achieving that goal.
(2.0) Section 8-2:729. CONSTRUCTION OF REGULATION.
All regulations and parts of regulations in effect in the District
which are inconsistent with the provisions of this regulation are hereby
superseded with respect to matters covered by this regulation.
-22-
-------
(2.0) Section 8-2:730. INDEPENDENCE OF SECTIONS.
Each section and every part of each section of this part is declared
independent of every other section or part thereof, and the finding or
holding of any section or part thereof to be void or ineffective for any
cause shall not be deemed to affect any other section or part thereof.
(2.0) Section 8-2:731. EFFECTIVE DATE.
Except as otherwise provided, this regulation shall be effective
immediately.
-23-
-------
APPENDIX NO. 1 FIGURE NO. 1 (Revised)
ro
-P»
i
2 3 4 6 8 10 100 1,000
H(106 BTU/HR.)
H = TOTAL HEAT INPUT IN MILLIONS OF BTU PER HOUR
E = MAXIMUM EMISSION IN POUNDS OF PARTICULATE MATTER PER MILLION BTU HEAT INPUT
10,000
H
(106 BTU/HR.)
3.5
10
100
1,000
10,000
E
(#/106 BTU)
0.13
0.10
0.07
0.04
0.02
-------
APPENDIX NO.
TABLE
Process Weight
Per Hour in
Pounds
Maximum Weight of
Particulate Discharge
Per Hour in Pounds
Process Weight
Per Hour in
Pounds
Maximum Wei ght of
Particulate Discharge
Per Hour in Pounds
50
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
.24
.46
.66
.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.76
4.84
4.92
5.02
5.10
5.18
5.27
5.36
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or
more
5.44
5.52
5.61
5.69
5.77
5.85
5.93
6.01
6.08
6.15
6.22
6.30
6.37
6.45
6.52
6.60
6.67
7.03
7.37
7.71
8.05
8.39
8.71
9.03
9.36
9.67
10.0
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3
34.3
40.0
*Where the process weight per hour falls between two values in the table, the
maximum weight per hour shall be determined by linear interpolation.
-25-
-------
APPENDIX NO. 3
EMISSION LIMITS FOR NITROGEN OXIDE
Emission limits for nitrogen oxide in fossil fuel fired steam
generating units of more than 100,000,000 B.T.U. per hour heat input
are as follows:
(a) 0.20 Ib. per million B.T.U. heat input (0.36 g. per million
cal.), maximum 2-hour average, expressed as N02, when gaseous
fossil fuel is burned.
(b) 0.30 Ib. per million B.T.U. heat input (0.54 g. per million
cal.), maximum 2-hour average, expressed as N02> when liquid
fossil fuel is burned.
(c) 0.70 Ib. per million B.T.U. heat input (1.26 g. per million
cal.), maximum 20-hour average, expressed as N02> when solid
fossil fuel (except lignite) is burned.
(d) When different fossil fuels are burned simultaneously in any
combination the applicable standard shall be determined by
proration, according to the following formula:
x (0.20) + y (0.30) + (0.70)
x + y + z
x is the percent of total heat input derived from gaseous fossil
fuel;
y is the percent of total heat input derived from liquid fossil
fuel; and
z is the percent of total heat input derived from solid fossil
fuel.
-26-
-------
FEDERALLY PROMULGATED
REGULATIONS
-27-
-------
(6.0) 52.476 Federal compliance schedules.
(a)
(b) (1) The owner or operator of any boiler or furnace of more than
250 B.T.U. per hour heat input subject to the requirements
of section 8-2:705 of the Air Quality Control Regulations of
the District of Columbia shall notify the Administrator, no
later than October 1, 1973, of his intent to utilize either
low-sulfur fuel or stack gas desulfurization to meet the
requirements of said regulation.
(2) Any owner or operator of a stationary source subject to sub-
paragraph (1) of this paragraph who elects low-sulfur fuel
and the owner or operator of any boiler or furnace of more
than 250 million B.T.U. per hour heat input subject to the
requirements of section 8-2:704 of the Air Quality Control
Regulations of the District of Columbia shall be subject to
the following compliance schedule:
(i) November 1, 1973 - Submit to the Administrator a pro-
jection of the amount of fuel, by types, that will be
substantially adequate to enable compliance with sec-
tions 8-2:704 and 8-2:705 of the Air Quality Control
Regulations of the District of Columbia on July 1,
1975, and for at least one year thereafter.
(ii) December 31, 1973 - Sign contracts with fuel suppliers
for fuel requirements as projected above.
(iii) January 31, 1974 - Submit a statement as to whether
boiler modifications will be required. If modifications
will be required, submit plans for such modifications.
(iv) March 15, 1974 - Let contracts for necessary boiler
modifications, if applicable.
(v) May 15, 1974 - Initiate onsite construction, if
applicable.
(vi) March 1, 1975 - Complete onsite construction, if
applicable.
(vii) March 31, 1977 - Final compliance with the low-sulfur
fuel requirements of either section 8-2:704 or 8-2:705
of the Air Quality Control Regulations of the District
of Columbia.
(3) Any owner or operator of a stationary source subject to sub-
paragraph (2) of this paragraph who elects stack gas desul-
furization shall be subject to the following compliance
schedule:
-28-
-------
(i) November 1, 1973 - Let necessary contracts for con-
struction.
(ii) March 1, 1974 - Initiate onsite construction.
(iii) March 1, 1975 - Complete onsite construction.
(iv) March 31, 1977 - Final compliance with the require-
ments of section 8-2:705 of the Air Quality Control
Regulations of the District of Columbia.
(v) If a performance test is necessary for a determination
as to whether compliance has been achieved, such a
test must be completed by March 31, 1977. Ten days
prior to the test, a notice must be given to the
Administrator to afford him the opportunity to have
an observer present.
(4) Any owner or operator subject to the compliance schedule in
either subparagraph (b)(2) or (3) of this section shall
certify to the Administrator within five days after the
deadline for each increment of progress, whether or not the
required increment of progress has been met.
(5) (i) None of the above subparagraphs shall apply to a source
which is presently in compliance with applicable regu-
lations and which has certified such compliance to the
Administrator by October 1, 1973. The Administrator may
request whatever supporting information he considers
necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved
by the Administrator shall satisfy the requirements of
this paragraph for the affected source.
(iii) Any owner or operator subject to the compliance schedule
in either paragraphs (b)(2) or (3) of this section may
submit to the Administrator, no later than thirty days
after the effective date of this paragraph a proposed
alternative compliance schedule. No such final com-
pliance schedule may provide for final compliance after
March 31, 1977. If promulgated by the Administrator,
such schedule shall satisfy the requirement of this
paragraph for the affected source.
(6) Nothing in this paragraph shall preclude the Administrator
from promulgating a separate schedule for any source to
which the application of the compliance schedule in sub-
paragraph (2) or (3) of this paragraph fails to satisfy the
requirements of § 51.15 (b) and (c) of this chapter.
(c) With respect to transportation control strategies submitted by the
District of Columbia, the requirements of § 51.15 are not fully
-29-
-------
met for the measures for parking surcharge, elimination of free
on-street commuter parking, elimination of free employee park-
ing, increased bus fleet and service, and exclusive bus lanes.
Provisions to implement the requirements of § 51.15 are promul-
gated in this section.
(d) With respect to the parking surcharge measure approved in § 52.472:
(1) The District of Columbia shall no later than June 30, 1974,
submit to the Administrator for his approval a precise descrip-
tion of areas within the District of Columbia which are at
that time adequately served by mass transit, and those areas
which in the judgment of the District of Columbia will be
adequately served by mass transit by June 30, 1975. The
documentation and policy assumptions used to select these
areas shall be included with this submission.
(2) The District of Columbia shall by June 30, 1975, and each
succeeding year submit to the Administrator for his approval
a revised list of those areas which are adequately served by
mass transit. Additional areas must be included as mass
transit service is increased, unless the District of Columbia
can affirmatively demonstrate that no additional areas can
be included.
(e) With respect to the measure for elimination of free on-street
commuter parking approved in § 52.427:
(1) The District of Columbia shall, no later than June 30, 1974,
submit to the Administrator for his approval a compliance
schedule, including legally adopted regulations, enforcement
procedures, and a description of resources available. The
compliance schedule shall provide:
(i) For implementing the on-street commuter parking ban
program in all areas within which a surcharge will be
required by paragraph (d) of this section. The program
shall prohibit all parking for more than two hours by
non-residents of the area subject to the ban during the
hours from 7 p.m., Monday through Friday (excepting
holidays) on any street within such areas. The program
shall also provide for a sticker system, under which
residents of such an area may be exempted from the ban,
and for a system (whether by notification of the enforce-
ment authorities, or otherwise) for also exempting
bona fide visitors to residents of such areas from
the ban.
(ii) The precise resources that will be devoted to enforcing
this measure, the method of enforcement to be used (for
example, chalking tires), and the penalties for violation.
The compliance schedule shall at a minimum provide that
violators shall be subject to a $10.00 fine.
-30-
-------
(10.0) 52.478 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.
-31-
-------
(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(i) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(11) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
-32-
-------
(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
-33-
-------
(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.
-34-
-------
(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not'approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
-35-
-------
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
-36-
-------
or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for the pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this subpara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county, any comprehensive regional
-37-
-------
land use planning agency; and for highways, any local
board or cormiittee 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
-38-
-------
(c) Binding commitments by the owner or operator to con-
struct, modify, or operate the indirect source in
such a manner as may be necessary to achieve the
traffic flow characteristics published by the Envi-
ronmental Protection Agency pursuant to paragraph
(b) (4) (ii) of this section.
(ii) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
period upon satisfactory showing that an extension is justified.
The applicant may apply for such an extension at the time of ini-
tial application or at any time thereafter.
(13) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with the control strategy
and all local, State and Federal regulations which are part of the
applicable State implementation plan.
-39-
-------
(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)
-40-
-------
(9.0) 52.479 Source surveillance.
(a) The requirements of § 51.19(d) of this chapter are not met
because the plan does not include adequate procedures for
determining emission reductions achieved from any of the pro-
posed transportation control measures.
(b) The requirements of § 51.19(d) are not met with respect to the
strategies for parking surcharge, car pool locator, vehicle
inspection, express bus lanes, increased bus fleet and service,
elimination of free on-street parking, and elimination of free
parking by employers.
(c) Monitoring transportation trends.
(1) This section is applicable in the District of Columbia
portion of the National Capital Interstate Air Quality
Control Region.
(2) In order to assure the effectiveness of the inspection and
maintenance program approved in § 52.472 and the retrofit
devices required pursuant to §§ 52.490, 52.492, 52.494,
52.495, and 52.496, the State shall monitor the actual
per vehicle emissions reductions occurring as a result of
such measures. All data obtained from such monitoring
shall be included in the quarterly report submitted to the
Administrator by the State in accordance with § 51.7 of
this chapter. The first quarterly report shall cover the
period January 1 to March 31, 1976.
(3) In order to assure the effective implementation of the
parking surcharge, car pool locator, express bus lanes,
increased bus fleet and service, elimination of free on-
street community parking and elimination of free parking
by employers, the District of Columbia shall monitor
vehicle miles traveled and average vehicle speeds for
each area in which such measures are in effect and during
such time periods as may be appropriate to evaluate the
effectiveness of such a program. All data obtained from
such monitoring shall be included in the quarterly report
submitted to the Administrator by the District of Columbia
in accordance with § 51.7 of this chapter. The first
quarterly report shall cover the period from July 1 to
September 30, 1974. The vehicle miles traveled and vehicle
speed data shall be collected on a monthly basis and sub-
mitted in a format similar to Table 1.
(4) No later than March 1, 1974, the District of Columbia shall
submit to the Administrator a compliance schedule to imple-
ment this section. The program description shall include
the following:
-41-
-------
(i) The agency or agencies responsible for conducting,
overseeing, and maintaining the monitoring program.
TABLE 1
Time period...
Affected area.
VMT or average vehicle speed
Roadway type
Vehicle type (1) Vehicle type(2)]
Freeway...
Arterial..
Collector.
Local
Continue with other vehicle types as appropriate.
(ii) The administrative procedures to be used.
(iii) A description of the methods to be used to collect the
emission data, VMT data, and vehicle speed data; a de-
scription of the geographical area to which the data
applies; identification of the location at which the
data will be collected; and the time periods during
which the data will be collected.
-42-
-------
(12.0) 52.488 Control of evaporative losses from the filling of vehicular tanks.
(a) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the District of Columbia portion
of the National Capital Interstate AQCR.
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made
through a fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the organic
compounds in displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section may
consist of vapor-tight return line from the fill nozzle-filler
neck interface to the dispensing tank or to an adsorption,
absorption, incineration, refrigeration-condensation system
or its equivalent.
(e) Components of the systems required by § 52.487 may be used for
compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of paragraph
(c) of this section as a result of vehicle fill neck configura-
tion, location, or other design features of a class of vehicles,
the provisions of this section shall not apply to such vehicles.
However, in no case shall such configuration exempt any gasoline
dispensing facility from installing and using in the most effective
manner a system required by paragraph (c) of this section.
(g) Every owner or operator of a gasoline dispensing system subject
to this section shall comply with the following compliance
schedule.
(1) January 1, 1975 - Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
taken by the source to achieve compliance with the provisions
of paragraph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts
for emission control systems, or issue orders for the pur-
chase of component parts to accomplish emission control.
-43-
-------
(3) May 1, 1975 - Initiate on-site construction or installa-
tion of emission control equipment.
(4) May 1, 1977 - Complete on-site construction or installa-
tion of emission control equipment or process modification.
(5) May 31, 1977 - Assure final compliance with the provisions
of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of pro-
gress, whether or not the required increment of progress has
been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the pro-
visions of paragraph (c) of this section and which has
certified such compliance to the Administrator by January 1,
1975. The Administrator may request whatever supporting
information he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by
the State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Adminis-
trator, by June 1, 1974, a proposed alternative schedule.
No such schedule may provide for compliance after May 31,
1977. Any such schedule shall provide for certification to
the Administrator, within 5 days after the deadline for each
increment therein, as to whether or not that increment has
been met. If promulgated by the Administrator, such schedule
shall satisfy the requirements of this paragraph for the
affected source.
(i) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the
application of the compliance schedule in paragraph (g) of this
section fails to satisfy the requirements of § 51.15(b) and (c)
of this chapter.
(j) Any gasoline dispensing facility subject to this section which
installs a gasoline dispensing system after the effective date
of this section shall comply with the requirements of paragraph
(c) of this section by May 31, 1977, and prior to that date shall
comply with paragraph (g) of this section as far as possible.
Any facility subject to this section which installs a gasoline
dispensing system after May 31, 1977, shall comply with the
requirements of paragraph (c) of this section at the time of
installation.
NOTE: The compliance dates given in paragraphs (g) (l)-(3) were sus-
pended indefinitely at 40 FR 1127, Jan. 6, 1975.
-44-
-------
(12.0) 52.490 Inspection and maintenance program.
(a) Definition:
(1) "Inspection and maintenance program" means a program for
reducing emissions from in-use vehicles through identifying
vehicles that need emission control-related maintenance and
requiring that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(4) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 Ib. GVW or more.
(5) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
the meanings so defined.
(b) This section is applicable within the District of Columbia portion
of the National Capital Interstate AQCR.
(c) In connection with the light duty vehicle inspection and mainten-
ance program for the District of Columbia approved by the Adminis-
trator pursuant to § 52.472 the District shall establish an inspec-
tion and maintenance program applicable to all medium duty and
heavy duty vehicles registered in the District that operate on
public streets or highways over which it has ownership or control.
The District may exempt any class or category of vehicles that the
District finds is rarely used on public streets or highways (such
as classic or antique vehicles). Under the program, the District
shall:
(1) Inspect all medium-duty and heavy-duty motor vehicles at
periodic intervals not more than 1 year apart.
(2) Use inspection failure criteria consistent emission reduc-
tions claimed in the plan for the strategy.
(3) Ensure that failed vehicles receive the maintenance necessary
to achieve compliance with the inspection standards, and
retest failed vehicles following maintenance.
(4) [Reserved]
(5) Begin the first inspection cycle by January 1, 1975, com-
pleting it by January 1, 1976.
(6) Designate an agency or agencies responsible for conducting
the inspection and maintenance program.
-45-
-------
(d) After January 1, 1976, the District shall not register or allow
to operate on public streets or highways any medium-duty or
heavy-duty vehicle that does not comply with the applicable
requirements of the program established under paragraph (c) of
this section. This shall not apply to the initial registration
of a new motor vehicle.
(e) After January 1, 1976, no owner of a medium-duty or heavy-duty
vehicle shall operate or allow the operation of such vehicle that
does not comply with the applicable requirements of the program
established under paragraph (c) of this section. This shall not
apply to the initial registration of a new motor vehicle.
(f) The District shall submit, no later than February 1, 1974, a
detailed compliance schedule showing the steps it will take to
establish an inspection and maintenance program pursuant to
paragraph (c) of this section.
(12.0) 52.491 Bicycle lanes and bicycle storage facilities.
(a) Definitions:
(1) "Bicycle" means a two-wheel nonmotor powered vehicle.
(2) "Bicycle lane" means a route for the exclusive use of
bicycles, either constructed specifically for that purpose
or converted from an existing lane.
(3) "Bicycle parking facility" means any storage facility for
bicycles, which allows bicycles to be locked securely.
(4) "Parking space" means the area allocated by a parking
facility for the temporary storage of one automobile.
(5) "Parking facility" means a lot, garage, building, or portion
thereof, in or on which motor vehicles are temporarily parked.
(b) This section shall be applicable in the District of Columbia
portion of the National Capital Interstate Air Quality Control
Region.
(c) On or before July 1, 1976, the District of Columbia shall establish
a network of bicycle lanes linking residential areas with employ-
ment, educational, and commercial centers in accordance with the
following requirements:
(1) The network shall contain no less than 60 miles of bicycle
lanes in addition to any in existence as of November 20, 1973.
(2) Each bicycle lane shall at a minimum:
(i) Be clearly marked by signs indicating that the lane is
for the exclusive use of bicycles (and pedestrians, if
necessary);
-46-
-------
(ii) Be separated from motor vehicle traffic by appropriate
devices, such as physical barriers, pylons, or
painted lines;
(iii) Be regularly maintained and repaired;
(iv) Be of a hard, smooth surface suitable for bicycles;
(v) Be at least 5 feet wide for one-way traffic, or 8
feet wide for two-way traffic;
(vi) If in a street used by motor vehicles, be a minimum of
8 feet wide whether one-way or two-way; and
(vii) Be adequately lighted.
(3) Off-street bicycle lanes which are not reasonably suited for
commuting to and from employment, educational, and commercial
centers shall not be considered a part of this network.
(4) On or before October 1, 1974, the District of Columbia shall
establish 25 percent of the total mileage of the bicycle
lane network; on or before June 1, 1975, 50 percent of the
total mileage shall be established; on or before July 1,
1976, 100 percent of the total mileage shall be established.
(d) On or before June 1, 1974, the District of Columbia shall submit
to the Administrator a comprehensive study of a bicycle lane and
bicycle path network. The study shall include, but not be
limited to the following:
(1) A bicycle user and potential user survey, which shall at a
minimum determine:
(i) For present bicycle riders, the origin, destination,
frequency, travel time, and distance of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of
transportation, including the number of employees who
would convert to the bicycle mode from other modes upon
completion of the bicycle lane network described in
paragraph (c) of this section.
(2) A determination of the feasibility and location of on-street
bicycle lanes.
(3) A determination of the feasibility and location of off-street
lanes.
(4) A determination of the special problems related to feeder
lanes to bridges, on-bridge lanes, feeder lanes to METRO
-47-
-------
and railroad stations, and feeder lanes to fringe parking
areas, and the means necessary to include such lanes in
the bicycle lane network described in paragraph (c) of
this section.
(5) A determination of the feasibility and location of various
methods of safe bicycle parking.
(6) The study shall make provision for the receipt of public
comments on any matter within the scope of the study,
including the location of the bicycle lane network described
in paragraph (c) of this section.
(e) By June 1, 1974, in addition to the comprehensive study required
pursuant to paragraph (d) of this section, the District of
Columbia shall submit to the Administrator a detailed compliance
schedule showing the steps it will take to establish this net-
work pursuant to paragraphs (c) and (h) of this section. The
compliance schedule shall identify in detail the names of streets
that will provide bicycle lanes and the location of any lanes to
be constructed especially for bicycle use. It shall also include
a statement indicating the source amount, and adequacy of funds to
be used in implementing this section, and the text of any needed
statutory proposals and needed regulations which will be proposed
for adoption.
(f) On or before October 1, 1974, the District of Columbia shall submit
to the Administrator legally adopted regulations sufficient to
implement and enforce all of the requirements of this section.
(g) On or before May 1, 1974, the District of Columbia shall establish
a pilot bicycle lane from Key Bridge via Pennsylvania Avenue past
the White House to the U.S. Capitol and from the Capitol along
Pennsylvania Avenue to Alabama Avenue SE.
(h) On or before June 1, 1975, the District of Columbia shall require
all owners and operators of parking facilities containing more
than 50 parking spaces (including both free and commercial facili-
ties) within the area specified in paragraph (b) of this section
to provide spaces for the storage of bicycles in the following
ratio: one automobile-sized parking space (with a bicycle
parking facility) for the storage of bicycles for every 75
parking spaces for the storage of autos. The District shall
also require that:
(1) Bicycle parking facilities shall be so located as to be safe
from motor vehicle traffic and secure from theft. They
shall be properly repaired and maintained.
(2) The METRO Subway System shall provide a sufficient number
of safe and secure bicycle parking facilities at each
station to meet the needs of its riders.
-48-
-------
(3) All parking facilities owned, operated, or leased by the
Federal Government shall be subject to this paragraph.
(4) Any owner or operator of a parking facility which charges
a fee for the storage of motor vehicles shall store bicycles
at a price per unit per hour which is no greater in relation
to the cost of storing them than is the price of parking for
a motor vehicle in relation to the cost of storing it.
Unless the owner or operator makes an affirmative showing to
the District of Columbia of different facts, and agrees to
charge in conformity with that showing, the ratio in costs
and prices shall be determined by the maximum number of
bicycles that can be stored in a single standard-sized
automobile parking space.
[38 FR 33713, December 6, 1973]
(12.0) 52.492 Medium duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/fuel Control Retrofit" means a system or device (such
as modification to the engine's carburetor or positive
crankcase ventilation system) that results in engine
operation at an increased air/fuel ratio so as to achieve
reduction in exhaust emissions of hydrocarbon and carbon
monoxide from 1973 and earlier medium-duty vehicles of at
least 15 and 30 percent, respectively.
(2) "Medium-duty vehicle" means a gasoline powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(3) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
meanings so defined.
(b) This section is applicable within the District of Columbia portion
of the National Capital Interstate AQCR.
(c) The District of Columbia shall establish a retrofit program to
ensure that on or before May 31, 1976, all medium-duty vehicles
of model years prior to 1973 which are not required to be retro-
fitted with an oxidizing catalyst or other approved device pur-
suant to § 52.495 which are registered in the area specified in
paragraph (b) of this section are equipped with an appropriate
air/fuel control device or other device as approved by the Adminis-
trator that will reduce exhaust emissions of hydrocarbons and
carbon monoxide to the same extent as an air/fuel control device.
No later than February 1, 1974, the District of Columbia shall
submit to the Administrator a detailed compliance schedule showing
the steps it will take to establish and enforce a retrofit program
pursuant to this section. The compliance schedule shall include a
-49-
-------
date by which the District shall evaluate and approve devices
for use in this program. Such date shall be no later than
September 30, 1974.
(d) No later than April 1, 1974, the District shall submit legally
adopted regulations to the Administrator establishing such a
program. The regulations shall include:
(1) Designation of an agency responsible for evaluating and
approving devices for use on vehicles subject to this
section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit
devices by August 1, 1975, and completing the installation
of the devices on all vehicles subject to this section no
later than May 31, 1976.
(4) A provision that no later than May 31, 1976, no vehicle for
which retrofit is required under this section shall pass
the annual emission tests provided for by § 52.490 unless
it has been first equipped with an approved air/fuel control
device, or other device approved pursuant to this section,
which the test has shown to be installed and operating cor-
rectly. The regulations shall include test procedures and
failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing
the retrofit devices have the training and ability to perform
the needed tasks satisfactorily and have an adequate supply
of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for
emission testing at the time of device installation or some
other positive assurance that the device is installed and
operating correctly.
(e) After May 31, 1976, the District shall not register or allow to
operate on its streets or highways any vehicle that does not comply
with the applicable standards and procedures adopted pursuant to
paragraph (d) of this section.
(f) After May 31, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that
does not comply with the applicable standards and procedures
implemented by this section.
(g) The District may exempt any class or category of vehicles from
this section which the District finds is rarely used on public
-50-
-------
streets and highways (such as classic or antique vehicles) or
for which the District demonstrates to the Administrator that
air/fuel control devices or other devices approved pursuant to
this section are not commercially available.
(12.0) 52.493 Management of parking supply.
(a) Definitions:
All terms used in this section but not specifically defined
below shall have the meaning given them in Part 51 of this
Chapter and this Part 52.
(1) "Parking facility" (also called "facility") means a lot,
garage, building or structure, or combination or portion
thereof, in or on which motor vehicles are temporarily
parked.
(2) "Vehicle trip" means a single movement by a motor vehicle
that originates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation
of a parking facility, or any conversion of land, a building
or structure, or portion thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that
increases or may increase the motor vehicle capacity of or
the motor vehicle activity associated with such parking
facility.
(5) "Commence" means to undertake a continuous program of onsite.
construction or modification.
(b) This regulation is applicable in the District of Columbia.
(c) The requirements of this section are applicable to the following
parking facilities in the areas specified in paragraph (b) of
this section, the construction or modification of which is com-
menced after January 1, 1975.
(1) Any new parking facility with parking capacity for 250 or
more motor vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 250 or more motor vehicles; and
(3) Any parking facility constructed or modified in increments
which individually are not subject to review under this
section, but which, when all such increments occurring
since January 1, 1975, are added together, as a total would
subject the facility to review under this section.
-51-
-------
(d) No person shall commence construction or modification of any
facility subject to this section without first obtaining written
approval from the Administrator or an agency designated by him;
provided, that this paragraph shall not apply to any proposed
construction or modification for which a general construction
contract was finally executed by all appropriate parties on or
before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted
unless the applicant shows to the satisfaction of the Administrator
or agency approved by him that:
(1) The design or operation of the facility will not cause a
violation of the control strategy which is part of the
applicable implementation plan, and will be consistent
with the plan's VMT reduction goals.
(2) The emissions resulting from the design or operation of the
facility will not prevent or interfere with the attainment
or maintenance of any national ambient air quality standard
at any time within 10 years from the date of application.
(f) All applications for approval under this section shall include
the following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed construction schedule.
(4) The normal hours of operation of the facility and the
enterprises and activities which it serves.
(5) The total motor vehicle capacity before and after the con-
struction or modification of the facility.
(6) The number of people using or engaging in any enterprises
or activities that the facility will serve on a daily basis
and a peak hour basis.
(7) A projection of the geographic areas in the community from
which people and motor vehicles will be drawn to the
facility. Such projection shall include data concerning
the availability of mass transit from such areas.
(8) An estimate of the average and peak hour vehicle trip
generation rates, before and after construction or modifi-
cation of the facility.
(9) An estimate of the effect of the facility on traffic pattern
and flow.
-52-
-------
(10) An estimate of the effect of the facility on total VMT for
the air quality control region.
(11) An analysis of the effect of the facility on site and
regional air quality, including a showing that the facility
will be compatible with the applicable implementation plan,
and that the facility will not cause any national air
quality standard to be exceeded within 10 years from date
of application. The Administrator may prescribe a stan-
dardized screening technique to be used in analyzing the
effect of the facility on ambient air quality.
(12) Additional information, plans, specifications, or documents
required by the Administrator.
(g) Each application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the
facility shall be operated in accordance with the design sub-
mitted in the application and with applicable rules, regulations,
and permit conditions.
(h) Within 30 days after receipt of an application, the Administrator
or agency approved by him shall notify the public, by prominent
advertisement in the Region affected, of the receipt of the
application and the proposed action on it (whether approval,
conditional approval, or denial), and shall invite public comment.
(1) The application, all submitted information, and the terms
of the proposed action shall be made available to the public
in a readily accessible place within the affected air quality
region.
(2) Public comments submitted within 30 days of the date such
information is made available shall be considered in making
the final decision on the application.
(3) The Administrator or agency approved by him shall take final
action (approval, conditional approval, or denial) on an
application within 30 days after close of the public comment
period.
NOTE: The provisions of § 52.493 were suspended indefinitely at 40
FR 29714, July 15, 1975.
(12.0) 52.494 Heavy duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/Fuel Control Retrofit" means a system or device (such
as modification to the engine's carburetor or positive crank-
case ventilation system) that results in engine operation
at an increased air/fuel ratio so as to achieve reduction
-53-
-------
in exhaust emissions of hydrocarbon and carbon monoxide
from heavy-duty vehicles of at least 30 and 40 percent,
respectively.
(2) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 Ib. gross vehicle weight (GVW) or more.
(3) All other terms used in this section that are defined in
Part 51, Appendix N, of this chapter are used herein with
meanings so defined.
(b) This section is applicable within the District of Columbia por-
tion of the National Capital Interstate AQCR.
(c) The District of Columbia shall establish a retrofit program to
ensure that on or before May 31, 1977, all heavy-duty vehicles
registered in the area specified in paragraph (b) of this section
are equipped with an appropriate air/fuel control device, or
other device as approved by the Administrator that will reduce
exhaust emissions of hydrocarbons and carbon monoxide to the
same extent as an air/fuel control device. No later than April 1,
1974, the District of Columbia shall submit to the Administrator
a detailed compliance schedule showing the steps it will take
to establish and enforce a retrofit program pursuant to this
section. The compliance schedule shall include a date by which
the District shall evaluate and approve devices for use in this
program. Such date shall be no later than January 1, 1975.
(d) No later than September 1, 1974, the District shall submit legally
adopted regulations to the Administrator establishing such a
program. The regulations shall include:
(1) Designation of an agency responsible for evaluating and
approving devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit
devices by January 1, 1976, and completing the installation
of the devices on all vehicles subject to this section no
later than May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no
vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by § 52.490
unless it has been first equipped with an approved air/fuel
control device, or other device approved pursuant to this
section, which the test has shown to be installed and operating
correctly. The regulations shall include test procedures and
failure criteria for implementing this provision.
-54-
-------
(5) Methods and procedures for ensuring that those installing
the retrofit devices have the training and ability to pert
form the needed tasks satisfactorily and have an adequate
supply of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for
emissions testing at the time of device installation or
some other positive assurance that the device is installed
and operating correctly.
(e) After May 31, 1977, the District shall not register or allow to
operate on its streets or highways any vehicle that does not
comply with the applicable standards and procedures adopted pur-
suant to paragraph (d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that
does not comply with the applicable standards and procedures
implementing this section.
(g) The District may exempt any class or category of vehicles from
this section which the District finds is rarely used on public
streets and highways (such as classic or antique vehicles) or
for which the District demonstrates to the Administrator that
air/fuel control or other devices approved pursuant to this
section are not commercially available.
(12.0) 52.495 Oxidizing catalyst retrofit.
(a) Definitions:
(1) "Oxidizing catalyst" means a device that uses a catalyst
installed in the exhaust system of a vehicle (and if necessary
includes an air pump) so as to achieve a reduction in exhaust
emissions of hydrocarbon and carbon monoxide of at least 50
and 50 percent, respectively, from light-duty vehicles of
1971 through 1975 model years, and of at least 50 and 50
percent respectively, from medium duty vehicles of 1971
through 1975 model years.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(4) "Fleet vehicle" means any of 5 or more light-duty vehicles
operated by the same person(s), business, or governmental
entity and used principally in connection with the same or
related occupations or uses. This definition shall also
include any taxicab (or other light-duty vehicle-for-hire)
owned by any individual or business.
-55-
-------
(5) All other terms used in this section that are defined in
Part 51, Appendix N, are used herein with meanings so
defined.
(b) This section is applicable within the District of Columbia portion
of the National Capital Interstate AQCR.
(c) The District of Columbia shall establish a retrofit program to
ensure that on or before May 31, 1977, all light-duty fleet
vehicles of model years 1971 through 1975 and all medium-duty
vehicles of model years 1971 through 1975 which are registered
in the area specified in paragraph (b) of this section and are
able to operate on 91 RON gasoline are equipped with an appropriate
oxidizing catalyst retrofit device or other device, as approved by
the Administrator, that will reduce exhaust emissions of hydro-
carbon and carbon monoxide to the same extent as an oxidizing
catalyst retrofit device. No later than April 1, 1974, the
District of Columbia shall submit to the Administrator a
detailed compliance schedule showing the steps it will take to
establish and enforce a retrofit program pursuant to this section.
The compliance schedule shall include a date by which the District
shall evaluate and approve devices for use in this program.
Such date shall be no later than January 1, 1975.
(d) No later than September 1, 1974, the District shall submit
legally adopted regulations to the Administrator establishing
such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and
approving devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit
devices by January 1, 1976, and completing the installation
of the devices on all vehicles subject to this section no
later than May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no
vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by
§§ 52.472 and 52.490 unless it has been first equipped with
an approved oxidizing catalyst device, or other device
approved pursuant to this section, which the test has
shown to be installed and operating correctly. The regula-
tions shall include test procedures and failure criteria
for implementing this provision.
(5) Methods and procedures for ensuring that those installing
the retrofit devices have the training and ability to
-56-
-------
perform the needed tasks satisfactorily and have an
adequate supply of retrofit components.
(6) Provision (apart from the requirements of any general
program for periodic inspection and maintenance of vehicles)
for emissions testing at the time of device installation
or some other positive assurance that the device is
installed and operating correctly.
(e) After May 31, 1977, the District shall not register or allow to
operate on its streets or highways any vehicle that does not
comply with the applicable standards and procedures adopted
pursuant to paragraph (d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this
section shall operate or allow the operation of any such vehicle
that does not comply with the applicable standards and procedures
implementing this section.
(g) Any vehicle which is manufactured equipped with an oxidizing
catalyst, or which is certified to meet the original 1975 duty
vehicle emissions standards set forth in section 202(b)(l)(a)
of the Clean Air Act of 1970 (without regard to any suspension
of such standards), shall be exempt from the requirements of
this section.
(12.0) 52.496 Vacuum spark advance disconnect retrofit.
(a) Definitions:
(1) "Vacuum spark advance disconnect retrofit" means a device or
system installed on a motor vehicle that prevents the ignition
vacuum advance from operating either when the vehicle's
transmission is in the lower gears, or when the vehicle is
traveling below a predetermined speed, so as to achieve
reduction in exhaust emissions of hydrocarbon and carbon
monoxide from 1967 and earlier light-duty vehicles of at
least 25 and 9 percent, respectively.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross weight (GVW) or less.
(3) All other terms used in this section that are defined in
Part 51, Appendix N, are used herein with meanings so
defined.
(b) This section is applicable within the District of Columbia portion
of the National Capital Interstate AQCR.
(c) The District of Columbia shall establish a retrofit program to
ensure that on or before January 1, 1976, all light-duty vehicles
of model years prior to 1968 registered in the area specified in
paragraph (b) of this section are equipped with an appropriate
-57-
-------
vacuum spark advance disconnect retrofit. No later than
February 1, 1974, the District shall submit to the Administrator
a detailed compliance schedule showing the steps it will take to
establish and enforce a retrofit program pursuant to this section.
The compliance schedule shall include a date by which the District
shall evaluate and approve devices for use in this program.
Such date shall be no later than September 30, 1974.
(d) No later than April 1, 1974, the District shall submit legally
adopted regulations to the Administrator establishing such a
program. The regulations shall include:
(1) Designation of an agency responsible for evaluating and
approving devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d) (3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit
devices by January 1, 1975, and completing the installation
of the devices on all vehicles subject to this section no
later than January 1, 1976.
(4) A provision that starting no later than January 1, 1976,
no vehicle for which retrofit is required under this section
shall pass the annual emission tests provided for by § 52.472
unless it has been first equipped with an approved vacuum
spark advance disconnect retrofit device, or other device
approved pursuant to this section, which the test has shown
to be installed and operating correctly. The regulations
shall include test procedures and failure criteria for
implementing this provision.
(5) Methods and procedures for ensuring that those installing
the retrofit devices have the training and ability to perform
the needed tasks satisfactorily and have an adequate supply
of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for
emissions testing at the time of device installation, or
some other positive assurance that the device is installed
and operating correctly.
(e) After January 1, 1976, the District shall not register or allow
to operate on its streets or highways any light-duty vehicle that
does not comply with the applicable standards and procedures
adopted pursuant to paragraph (d) of this section.
(f) After January 1, 1976, no owner of a vehicle subject to this
section shall operate or allow the operation of any such vehicle
that does not comply with the applicable standards and procedures
implementing this section.
-58-
-------
(g) The District may exempt any class or category of vehicles from
this section which the District finds is rarely used on public
streets and highways (such as classic or antique vehicles) or
for which the State demonstrates to the Administrator that
vacuum spark advance disconnect devices or other devices
approved pursuant to this section are not commercially available.
-59-
-------
(17.0) 52.499 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.
-60-
-------
(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to Concentrations'of parti cul ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
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
-61-
-------
(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 hava
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
-62-
-------
under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to'redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
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.
-63-
-------
(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 8 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
-64-
-------
source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
-65-
-------
(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; anJ
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
-66-
-------
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:
-67-
-------
(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.
-68-
-------
(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.
-69-
-------
(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)
-70-
------- |