U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service
                                  PB-290  264
Air Pollution Regulations in  State
Implementation  Plans:  Iowa
Abcor Inc, Wilmington, MA  Walden Div
Prepared for

Environmental Protection Agency, Research Triangle Park, NC


Aug 78

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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-065
August 1978
Air
Air Pollution  Regulations
in  State  Implementation
Plans:
Iowa

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                                   TECHNICAL REPORT DATA
                            (Please read Instructions on the reverse before completing)
1  REPORT NO.
  EPA-450/3-78-  065
                             2.
4. TITLE AND SUBTITLE
 Air Pollution  Regulations in State Implementation i
 Plans: Iowa
                                                           3. RECIPIENT'S ACCESSIOC+NO.
                P6
             5. REPORT DATE
               August 1978
             6. PERFORMING ORGANIZATION CODE
7 AUTHOR(S)
                                                           8. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
  Walden Division of Abcor,  Inc.
  Wilmington, Mass.
                                                           10. PROGRAM ELEMENT NO.
             11. CONTRACT/GRANT NO.


               68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
  Control Programs Development Division
  Office of Air Quality  Planning and Standards
  Office of Air,  Noise,  and Radiation
  Research Triangle  Park,  NC 27711	
                                                           13. TYPE OF REPORT AND PERIOD COVERED
             14. SPONSORING AGENCY CODE
15. SUPPLEMENTARY NOTES
  EPA Project Officer:   Bob Schell, Control Programs  Development Division
16. ABSTRACT
  This document has  been  produced in compliance with  Section 110(h)(l) of  the  Clean Air
  Act amendments of  1977.   The Federally enforceable  regulations contained  in  the State
  Implementation Plans  (SIPs) have been compiled  for  all  56 States and territories
  (with the exception of  the Northern Mariana  Islands).   They consist of both  the
  Federally approved State and/or local air quality regulations as indicated  in  the
  Federal Register and  the Federally promulgated  regulations for the State, as
  indicated in the Federal Register. Regulations  which fall into one of the above
  categories as of January 1,1978, have been  incorporated.  As mandated by Congress,
  this document will be updated annually.  State  and/or local air Quality  regulations
  which have not been FederaTly approved as of January 1, 1978, are not included here;
  omission of these  regulations from this document  in no  way affects the ability of
  the respective Federal,  State, or local agencies  to enforce such regulations.
17.
                                KEY WORDS AND DOCUMENT ANALYSIS
                  DESCRIPTORS
                                              b.IDENTIFIERS/OPEN ENDED TERMS
                          c.  COSATI Field/Group
  Air pollution
  Federal Regulations
  Pollution
  State Implementation  Plans
IS. DISTRIBUTION STATEMENT

  RELEASE UNLIMITED
19. SECURITY CLASS (This Report/

   Unclassified	
                                              20. SECURITY CLASS (Thispage)

                                                 Unclassified
                                                                         22. PRICE
                                       At'I
EPA Form 2220-1 (9-73)

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                                   EPA-450/3-78-065
    Air Pollution Regulations
in  State Implementation  Plans
                     Iowa
                        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

                      I 0-

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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers.  Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890.  The contents of this  report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
                      Publication No. EPA-450/3-78-065
                                   11

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

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

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

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

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

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

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                            SUMMARY SHEET

                                 PI

                   EPA-APPROVED REGULATION CHANGES

                                IOWA
Submittal Date

4/24/74
7/17/75
6/9/76
Approval Date

   4/8/75
   10/1/76
   6/1/77
      Description

Sec. 2.1, 3.1, 3.4, 4.1,
4.3(3), 4.3(4)

Note:  4.3(3) no EPA
action

Sec 1.2, 2.1, 3.1, 3.4,
4.1, 4.2, 4.3, 5.1, 7.1,
8.3, 8.4

Note:  4.3(3)a, 4.3(3)b no
EPA action

Note:  State withdrew 4.3
Sec 1.2, 2.1, 3.1, 4.1,
4.3, 4.4, 4.3(3)a(l),
4.3(3)a(5)

Note:   4.3(3)a(l), 4.3(3)a
(5) di sapproved .
                           FEDERAL REGULATIONS
Section No.

52.828
52.830
52.833
   Description

   Enforcement
   Review of new or modified indirect sources
   Prevention of significant deterioration

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

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

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TABLE OF CONTENTS
STATE REGULATIONS
Revised Standard
Subject Index
(1.0)
(2.0)
(1.0)
(6.0)
(6.0)
(2.0)
(2.0)
(2.0)
(14.0)
(14.0)
(13.0)
(2.0)
(3.0)
(5.0)
(2.0)
(2.0)
(4.0)
(4.0)
(2.0)
Section No.
Chapter 1
1.1
1.2
Chapter 2
2.1
2.1(1)
2.1(2)
2.1(3)
2.1(4)
2.1(5)
2.1(6)
Chapter 3
3.1
3.2
3.3
3.4
Chapter 4
4.1
4.1(1)
Title
Definitions
General
Definition of Terms
Compliance
Compliance Schedule
New Equipment
Existing Equipment
Emissions Inventory
Confidentiality
Public Availability of Data
Maintenance of Records
Controlling Pollution
Permits
Variances
Letter of Intent
Emission Reduction Program
Emission Standards For
Contaminants
Emission Standards
In General
Page
Number
1
1
1
7
7
7
7
7
7
8
8
9
9
12
14
14
16
16
16
         VIII

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Revised Standard                                                     Page
  Subject Index     Section Number            Title                  Number
   (10.0)                   4.1(2)    New Source Performance           16
                                      Standards
   (51.13)                  4.2       Open Burning                     17
   (50.0)                   4.3       Specific Contaminants            18
    (2.0)                   4.3(1)    General                          18
   (50.1)                   4.3(2)    Particulate Matter               18
   (50.2)                   4.3(3)    Sulfur Compounds                 22
   (51.0)                   4.4       Specific Processes               23
    (2.0)                   4.4(1)    General                          23
   (51.8)                   4.4(2)    Asphalt Batching  Plants          24
   (51.3)           4.4(3)  4.4(3)    Cement Kilns                     24
   (51.4)                   4.4(4)    Cupolas For Metallurgical        24
                                      Melting
   (51.21)                  4.4(5)    Electric Furnaces For            25
                                      Metallurgical  Melting
   (51.1)                   4.4(7)    Grain Handling and  Processing    25
                                      Plants
   (51.21)                  4.4(8)    Lime Kilns                      25
   (51.21                   4.4(9)    Meat Smokehouses                 25
   (51.21)                  4.4(10)    Phosphate  Processing Plants      25
   (51.21)                  4.4(11)    Portland Cement Concrete        25
                                      Batching Plants
   (51.9)                   4.4(12)    Incinerators                     25
                                       IX

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Revised Standard
Subject Index
(7.0)
(7.0)
(2.0)
(2.0)
(9.0)
(9.0)
(8.0)
(2.0)
(8.0)
(8.0)
(8.0)
(3.0)
(2.0)
(3.0)
(15.0)
(2.0)
(2.0)
(2.0)
(2.0)
Section Number
Chapter 5
5.1
Chapter 6
6.1
Chapter 7
7.1
Chapter 8
8.1
8.2
8.3
8.4
Chapter 9
9.1
9.2
9.3
9.4
9.5
Chapter 10
10.1
Title
Exceptions
Exceptions Due to Mainte-
nance Breakdowns
Circumvention of Rules
and Regulations
Circumvention of Rules and
Regulations
Measurement of Emissions
Testing and Sampling of
New and Existing Equip-
ment
Prevention of Air Pollu-
tion Emergency Episodes
General
Episode Criteria
Preplanned Abatement
Strategies
Actions During Episodes
Certificate of Acceptance
General
Certificate of Acceptance
Ordinance or Regulations
Administrative Organization
Program Activities
Miscellaneous
Scope
Page
Number
26
26
27
27
27
27
28
28
28
31
32
39
39
39
40
43
44
45
45

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                   FEDERALLY PROMULGATED REGULATIONS

Revised Standard                                                     Page
  Subject Index     Section No.                 Title                Number

    (15.0)            52.828           Enforcement                    46

    (10.0)            52.830           Review of New or Modified      47
                                       Indirect Sources

    (17.0)            52.833           Prevention of Significant      57
                                       Deterioration
                                       XI

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                       IOWA  DEPARTMENT  OF  ENVIRONMENTAL QUALITY
                                AIR  QUALITY  COMMISSION

                          RULES AND REGULATIONS  RELATING TO
                                  AIR POLLUTION CONTROL
(1.0)                                     CHAPTER  1
                                        DEFINITIONS


(2.0)     1.1  (136B)  General.

             1.   Meaning.   For  the  purpose  of  these  rules and regulations, the
                 following  terms  shall  have the meaning  indicated in this chapter.
                 The definitions  set  out in Section  136B.2, Code of Iowa, 1971,
                 shall  be considered  to be  incorporated  verbatim in these rules.

             2.   Scope.  No attempt is  made to define ordinary words which are
                 used in accordance with their established dictionary meanings,
                 except where the context otherwise  requires and it is necessary
                 to  define  the  meaning  as used in these  rules and regulations to
                 avoid misunderstanding.

(1.0)     1.2  (455B)   Definition of  terms.

             1.   Air pollution  alert.   That action condition declared when the
                 concentrations of  air  contaminants  reach the level at which the
                 first stage control  actions are  to  begin.

             2.   Air pollution  emergency.   That action condition declared when the
                 air quality is continuing  to  degrade to a level that should never
                 be  reached, and  that the most stringent control actions are
                 necessary.

             3.   Air pollution  episode.  A  combination of forecast or actual
                 meteorological conditions  and emissions of air contaminants which
                 may or do  present  an imminent and substantial endangerment to the
                 health of  persons, during  which  the chief meteorological factors
                 are the absence  of winds that disperse  air contaminants horizon-
                 tally and  a stable atmospheric layer which tends to inhibit ver-
                 tical  mixing through relatively  deep layers.

             4.   Air pollution  forecast.  An air  stagnation advisory issued to the
                 department, the  commission, and  to  appropriate air pollution
                 control agencies by  an authorized Air Stagnation Advisory Office
                 of  the National  Weather Service  predicting that meteorological
                 conditions conducive to an air pollution episode may be imminent.
                                              -1-

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     This advisory may be followed by  a  prediction  of  the  duration
     and termination of such meteorological  conditions.

 5.  Air pollution warning.   That action condition  declared when  the
     air quality is continuing to degrade from the  levels  classified
     as an air pollution alert, and where control actions  in addition
     to those conducted under an air pollution alert are necessary.

 6.  Air quality standard.  An allowable level  of air  contaminant or
     atmospheric air concentration established by the  commission.

 7.  ASME.  The American Society of Mechanical  Engineers,  345  East
     37tF Street, New York,  New York 10017.

 8.  ASTM.  The American Society for Testing and Materials, 1916
     Race Street, Philadelphia, Pennsylvania 19103.

 9.  Auxiliary fuel firing equipment.  Equipment to supply additional
     heat, by the combustion of an auxiliary fuel,  for the purpose
     of attaining temperatures sufficient to dry and ignite the waste
     material, to maintain ignition thereof, and to promote complete
     combustion of combustible gases,  solids and vapors.

10.  Backyard burning.  The disposal of  residential waste  by open
     burning on the premises of the property where  such waste  is
     generated.

11.  BTU.  British Thermal Unit, the quantity of heat  required to raise
     the temperature of one pound of water from 59°F. to 60°F.

12.  Carbonaceous fuel.  Any form of combustible  matter (whether
     solid, liquid, vapor or gas) consisting primarily of  carbon-con-
     taining compounds in either fixed or volatile  form, and which  is
     burned primarily for its heat content.

13.  Chimney or stack.  Any flue, conduit or duct permitting the  dis-
     charge  or passage of air contaminants  into the open  air, or
     constructed or arranged for this  purpose.

14.  CpH/1000 linear feet.  Coefficient  of haze per 1000 linear feet,
     which is a measure of the optical density of a filtered deposit
     of particulate matter as given in ASTM Standard D-1704-61, and
     indicated by the following formula:


     rnu/innn Mn**~ t*«+    (Area tape,ft2)(100,000)   ,rto     100
     COH/1000 linear feet -  |VoTume of  air sample.fk) 1o9  < trans-
                                                              mission
                                  -2-

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15.  Combustion for indirect heating.   The combustion of fuel  to
     produce usable heat that is to be transferred through  a  heat-
     conducting materials barrier or by a heat storage medium to  a
     material to be heated so that the material  being heated  is
     not contacted by, and adds no substance to,  the products of
     combustion.

16.  Control equipment.  Any equipment that has  the function  to pre-
     vent the formation of or the emission to the atmosphere  of air
     contaminants from any fuel burning, incinerator .or process equip-
     ment.

17.  Criteria.  Information used as guidelines for decisions  when
     establishing air quality goals, air quality standards  and the
     various air quality levels, and which in no case is to be con-
     fused or used interchangeably with air quality goals or  standards.

18.  Electric furnace.  A furnace in which the melting and  refining of
     metals are accomplished by means of electrical  energy.

19.  Emission standard.  The maximum allowable discharge rate of  any
     given air contaminant to the atmosphere as  established by the
     commission.

20.  Equipment.  Equipment capable of emitting air contaminants to
     produce air pollution such as fuel burning,  combustion or process
     devices or apparatus including but not limited to fuel burning
     equipment, refuse-burning equipment used for the burning of  fuel
     or other combustible material from which the products  of combus-
     tion are emitted; and including but not limited to apparatus,
     equipment or process devices which generate heat and may emit
     products of combustion, and manufacturing,  chemical, metallurgical
     or mechanical apparatus or process devices  which may emit smoke,
     particulate matter or other air contaminants.

21.  Excess air.  That amount of air supplied in addition to  the
     theoretical quantity necessary for complete combustion of all
     fuel or combustible waste material present.

22.  Executive Director.  The Executive Director of the Department
     of Environmental Quality or his designee.

23.  Existing equipment.  Equipment, machines, devices or installations
     that are in operation prior to September 23, 1970.

24.  Foundry cupola.  A stack-type furnace used for melting of metals,
     consisting of, but not limited to the furnace proper,  tuyeres,
     fans or blowers, tapping spout, charging equipment, gas  cleaning
     devices and other auxiliaries.
                                  -3-

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25.  Fugitive dust.  Any airborne solid parti oil ate matter emitted from
     any source other than a flue or stack.

26.  Garbage.  All solid and semi sol id putrescible and nonputrescible
     animal and vegetable wastes resulting from the handling,  preparing,
     cooking, storing and serving of food or of material  intended for
     use as food, but excluding recognized industrial  byproducts.

27.  Gas cleaning device.  A facility designed to remove  air contami-
     nants from gases exhausted from equipment as defined herein.

28.  Goal.  A level of air quality which is  expected to be obtained.

29.  Heating value.  The heat released by combustion of one pound of
     waste or fuel measured in BTU on an as  received basis.  For
     solid fuels, the heating value shall be determined by use of
     ASTM Standard D2015-66.

30.  Incinerator.  A combustion apparatus designed for high temperature
     operation in which solid, semisolid, liquid or gaseous combustible
     refuse is ignited and burned efficiently, and from which  the
     solid residues contain little or no combustible material.

31.  Landscape waste.  Any vegetable or plant wastes except garbage.
     The term includes trees, tree trimmings,  branches, stumps, brush,
     weeds, leaves, grass, shrubbery and yard trimmings.

32.  Level.  A certain specified degree, quality or characteristic.

33.  New equipment.  Except for any equipment or modified equipment to
     which 4.1(2) applies, any equipment or  control equipment not un-
     der construction or for which components  have not been purchased
     on or before September 23, 1970, and any equipment which  is
     altered or modified after such date, which may cause the emission
     of air contaminants or eliminate, reduce or control  the emission
     of air contaminants.

34.  Objectionable odor.  An odor that is believed to be  objectionable
     by 30 percent or more of a random sample of the people exposed to
     such odor, with the sample size of at least 30 people.

35.  Objective.  A certain specified degree, quality or characteristic
     expected to be attained.

36.  Opacity.  The degree to which emissions reduce the transmission  of
     light and obscure the view of an object in the background.

37.  Open burning.  Any burning of combustible materials  where the
     products of combustion are emitted into the open air without
     passing through a chimney or stack.
                                 -4-

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38.  Parti dilate matter.   Any material, except uncombined water,  that
     exists in a finely divided form as a liquid or solid at standard
     conditions.

39.  Parts per million (PPM).  A term which expresses the volumetric
     concentration of one material  in one million unit volumes of a
     carrier material.

40.  Plan documents.  The reports,  proposals, preliminary plans,  survey
     and basis of design data", general and detail construction plans,
     profiles, specifications and all other information pertaining to
     equi pment.

41.  Privileged communication.  Information other than air pollutant
     emissions data the release of which would tend to affect adversely
     the competitive position of the owner or operator of the equip-
     ment.

42.  Process.  Any action, operation or treatment, and all methods and
     forms of manufacturing or processing, that may emit smoke, parti-
     culate matter, gaseous matter or other air contaminant.

43.  Process weight.  The total weight of all materials introduced into
     any source operation.  Solid fuels charged will be considered as
     part of the process weight, but liquid and gaseous fuels and
     combustion air will not.

44.  Process weight rate.  For continuous or long-run steady-state
     source operations, the total process weight for the entire period
     of continuous operation or for a typical portion thereof, divided
     by the number of hours of such period or portion thereof; or for
     a cyclical or batch source operation the total process weight for
     a period that covers a complete operation or an integral number
     of cycles, divided by the number of hours of actual process  opera-
     tion during such a period.  Where the nature of any process  or
     operation, or the design of any equipment, is such as to permit
     more than one interpretation of this definition, the interpretation
     that results in the minimum value for allowable emission shall
     apply.

45.  Refuse.  Garbage, rubbish and all other putrescible and non-
     putrescible wastes, except sewage and water-carried trade wastes.

46.  Residential waste.  Any refuse generated on the premises as  a
     result of residential activities.  The term includes landscape
     wastes grown on the premises or deposited thereon by the elements,
     but excludes garbage, tires and trade wastes.
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47.  Ringelmann chart.  The chart published and described  in  Informa-
     tion Circular 8333, Bureau of Mines,  U.  S. Department of
     Interior, and on which are illustrated graduated shades  of gray
     to black for use in estimating the apparent density of smoke  from
     combustion stacks.

48.  Rubbish.  All waste materials of nonputrescible  nature.

49.  Salvage operations.  Any business, industry or trade  engaged
     wholly or in part in salvaging or reclaiming any product or
     material, including, but not limited  to, chemicals, drums, metals,
     motor vehicles or shipping containers.

50.  Smoke.  Gas-borne particles resulting from incomplete combustion,
     consisting predominantly, but not exclusively, of carbon, and
     other combustible material, or ash, that form a  visible  plume
     in the air.

51.  Smoke monitor.  A device using a light source and a light detector
     which can automatically measure and record the light-obscuring
     power of smoke at a specific location in the flue or  stack of a
     source.

52.  Source operation.  The last operation preceding  the emission  of
     an air contaminant, and which results in the separation  of the
     air contaminant from the process materials or in the  conversion
     of the process materials into air contaminants,  but is not an
     air pollution control operation.

53.  Standard conditions.  A gas temperature of 70°F  and a gas
     pressure of 29.92 inches of mercury absolute.

54.  Standard cubic foot (SCF).  The volume of one cubic foot of gas
     at standard conditions.

55.  Standard metropolitan statistical area (SMSA).  An area  which has
     at least one city with a population of at least  50,000 and such
     surrounding areas as geographically defined by the U.S.  Bureau of
     the Budget.

56.  Stationary source.   Any building, structure, facility, or installa-
     tion whicn emits or may emit any air  pollutant.

57.  Theoretical a-Jr.  The exact amount of air required to supply the
     required oxygen for complete combustion of a given quantity of a
     specific fuel or waste.
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            58.  Trade waste.   Any refuse resulting from the prosecution of any
                 trade, business, industry,  commercial  venture (.including farming
                 and ranching), or utility or service activity,  and any govern-
                 mental or institutional  activity,  whether or not for profit.

            59.  Variance.  A temporary waiver from rules or standards governing
                 the quality,  nature, duration or extent of emissions granted
                 by the commission for a specified period of time.


(6.0)                                     CHAPTER 2
                                        COMPLIANCE

(6.0)     2.1  (455B)  Compliance schedule.

(2.0)         1.  New equipment.  All  new equipment and all new control equipment,
                 as defined herein, installed in this state shall perform in con-
                 formance with applicable emission standards specified in chapter
                 4.

(2.0)         2.  Existing equipment.  All  existing equipment, as  defined herein,
                 shall be operated in conformance with applicable emission stan-
                 dards specified in chapter 4 of these rules or as  otherwise
                 specified herein; except that the performance standards specified
                 in subsection 4.1(2) shall  not apply to existing equipment.

(2.0)         3.  Emissions inventory.  The person responsible for equipment as
                 defined herein shall provide information on fuel use, materials
                 processed, air contaminants emitted, estimated rate of emissions,
                 periods of emissions or other air pollution information to the
                 Executive Director upon his written request for use in compiling
                 and maintaining an emissions inventory for evaluation of the  air
                 pollution situation  in the state and its various parts.  The
                 information requested shall be submitted on forms  supplied by
                 the department.  All information in regard to both actual and
                 allowable emissions  shall be public records and any publication of
                 such data shall be limited to actual and allowable air contaminant
                 emissions.

(14.0)        4.  Confidentiality.  No information supplied to the Executive Director
                 shall be considered  confidential unless a request for determina-
                 tion of confidentiality is submitted with the aforementioned
                 information.   The person requesting confidential treatment for
                 information submitted to the department shall have the responsi-
                 bility of demonstrating to the Executive Director that the infor-
                 mation in question would disclose a trade secret or other privi-
                 leged communication  such as but not limited to production figures.
                 The Executive Director shall provide written notification to  any
                 person whose request for confidentiality has been denied.  Upon
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                 receipt of such notification,  the person shall  have thirty days
                 to appeal  this decision to the commission.   Such  appeal  shall  be
                 filed with the Executive Director.   If the  commission denies  a
                 request for confidentiality,  the information in question shall be
                 held confidential  for sufficient time to allow  the petitioner
                 to institute the necessary legal  proceedings to sustain  the con-
                 fidentiality claim.   Information submitted  with a request for
                 confidential treatment shall  be treated as  confidential  until
                 final determination  on such request.   Information on trade
                 secrets or other privileged communication will  be so designated
                 when submitted by the state to the federal  government in accor-
                 dance with federal  law or regulation and will  then be subject to
                 applicable federal  regulations as to confidentiality.  The pro-
                 visions of this subsection shall  not apply  to air contaminant
                 emissions  data.

(14.0)       5.   Public availability  of data.   Emission data obtained from owners
                 or operators of stationary sources under the provisions  of
                 section 2.1(3) will  be correlated with applicable emission limi-
                 tations and other control measures.  All such emission data
                 and correlations will be available during normal  business hours
                 at the quarters of the department.  The Executive Director may
                 designate  one or more additional places where such data  and
                 correlations will  be available for public inspection.

M3.0)       6.   Maintenance of records.  Each owner or operator of any stationary
                 source, as defined herein, shall, upon notification from the
                 Executive  Director,  maintain records of the nature and amounts
                 of air contaminant emissions from such source and any other infor-
                 mations as may be deemed necessary by the commission to deter-
                 mine whether such source is in compliance with  the applicable
                 emission limitations or other control measures.

                 a.  The information  recorded shall be summarized and reported
                     monthly to the Executive Director on forms furnished by the
                     department.  The initial  reporting period shall commence
                     sixty  days from the date the Executive Director issues noti-
                     fication of the record keeping requirements.

                 b.  Information recorded by the owner or operator and copies of
                     the summarizing reports submitted to the Executive Director
                     shall  be retained by the owner or operator for two years af-
                     ter the date on which the pertinent report is submitted.
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(2.0)                                  CHAPTER 3
                               CONTROLLING POLLUTION

(3.0)     3.1  (455B)  Permits.

             1.   Permit required.  Each person planning to  construct,  install,  re-
                 construct or alter any equipment as  defined in subrule  1.2(20),
                 or related control equipment, as defined  in subrule  1.2(16),  shall
                 obtain a permit for the proposed equipment or related control
                 equipment from the department, prior to the initiation  of con-
                 struction, installation or alteration.  Said permit  will  not  be
                 required if the alterations to the equipment will  not change
                 the emissions from that equipment.

                 a.  New equipment design concept review.   If requested  in writing,
                     the Executive Director wil 1  review the design  concepts of
                     proposed new equipment and associated control  equipment.  The
                     purpose of such a review would be to  determine the  accept-
                    ' ability of the location of the proposed equipment.   If such
                     a review is requested, the requestor  shall supply the follow-
                     ing information:

                     1.  Preliminary plans and specifications of such new equip-
                         ment and control equipment.

                     2.  The exact site location and  a plot plan of the  imme-
                         diate area, including the distance to and  height of
                         nearby buildings and the estimated location  and ele-
                         vation of the emission points.

                     3.  The estimated emission rates of any air contaminants
                         which are to be considered.

                     4.  The estimated exhaust gas temperature, velocity at the
                         point of discharge, and stack diameter at  the point of
                         discharge.

                     5.  An estimate of when construction  would begin and when
                         construction would be completed.

                 b.  Application for permit.  Each application for  a  permit shall
                     be submitted to the department on the form "Application for
                     a Permit to Install or Alter Equipment or Control Equipment".
                     Plans and specifications relating to  the proposed equipment
                     shall be submitted with the application for a  permit.

                 c.  Preparation of plans.  All plans and  specifications for
                     equipment and related control equipment, as defined herein,
                     shall be prepared by or under the direct supervision of an
                     engineer in conformance with chapter  114 of the  Code.
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     d.   Information required.   The plans  and specifications  sub-
         mitted shall  include the following information:

         1.   The equipment or control  equipment covered by  the
             application;

         2.   The plot plan, including  the  distance and height
             for nearby buildings, and location and elevation of
             the emission points;

         3.   The composition of the effluent stream,  both before and
             after any control  equipment with estimates of  emission
             rates, concentration, volume  and temperature;

         4.   The physical and chemical  characteristics of the air
             contaminants;

         5.   Any tests to be made of the completed installation by
             the owner;

         6.   The sampling holes, scaffolding, power sources for
             operation of appropriate  sampling instruments  and  per-
             tinent allied facilities  for  making tests to ascertain
             compliance, and

         7.   Any additional information as is deemed necessary  by
             the department to determine compliance with these
             rules.
2.  Processing of applications for permits.  The department shall
    notify the applicant in writing of the issuance or denial of a
    permit as soon as practicable, at  least within 60 days  of the
    completed application for permit.   If  the application for permit
    is found by the department to be incomplete upon receipt, the
    applicant will  be notified of that fact and of the specific
    deficiencies.  Thirty days following such notification, the permit
    may be denied for lack of information.  When this schedule  would
    cause undue hardship to an applicant,  or materially handicap this
    need for proceeding promptly with  the  proposed installation, modi-
    fication or location, a request for priority consideration  and the
    justification therefor shall be submitted to the department.

    a.  Issuing of permit.  A permit shall be  issued when the Execu-
        tive Director concludes  that the plans and specifications
        represent equipment which reasonably can be expected to
        comply with the  emission  standards and should  not prevent the
        attainment or maintenance of the ambient air quality stan-
        dards specified  in these  rules.  A permit may  be issued
        subject to conditions which shall  be specified in writing.
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        1.   Each  permit shall  specify  the  date  on which  it  becomes
            void  if work on  the  installation  for which it was  issued
            has not been initiated  by  that date.

        2.   Such  permit is not transferable from one  location  to
            another, unless  the  equipment  is  portable, or from one
            piece of equipment to another.

        3.   If changes  in the  plans and  specifications are  proposed
            by the permittee or  required by subparagraph (5) of this
            paragraph after  a  permit has been issued, another  permit
            shall  be obtained.

        4.   Each  permit shall  require  the department to be notified
            at least ten days  before the equipment  or control  equip-
            ment  involved is placed in operation.

        5.   When  portable equipment for  which a permit has  been issued
            is transferred from  one location  to another, the depart-
            ment  shall  be notified  in  writing at least thirty  days
            prior to transferring to the new  location.   The owner
            or operator will be  notified at least ten days  prior to the
            scheduled relocation if said relocation will prevent the
            attainment  or maintenance  of ambient air  quality standards
            and thus require a'more stringent emission standard and
            the installation of  additional  control  equipment.   In such
            a  case a permit  shall be obtained prior to the  initiation
            of construction, installation,  or alteration of such addi-
            tional control equipment.
        6.   Each  permit shall  specify  that no review  has been  under-
            taken on the various engineering  aspects  of  the equip-
            ment  other  than  the  potential  of  the  equipment  for re-
            ducing air  contaminant  emissions.

    b.  Denial of permit.   When an application for a permit is  denied,
        the applicant shall  be notified  in writing  of the  reasons
        therefor.  Such a denial shall be  without  prejudice to the
        right of the applicant for  filing  a further application after
        revisions are made  to  meet  the objectives  specified as reasons
        for the  denial.

3.  Exemptions from permit  requirements.  The provisions of this  rule
    shall  not apply to  the  following items:

    a.  Fuel burning equipment for  indirect heating and  reheating
        furnaces  using  natural or liquefied petroleum gas  or Number
        2 fuel oil, with a  capacity of less than  50 million BTU per
        hour input.
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                b.   Fuel burning equipment for indirect heating with a capacity
                     less than one million BTU per hour input when burning coal
                     or oil.

                c.   Mobile  internal combustion and jet engines, marine installa-
                     tions and locomotives.

                d.   Equipment used on farms and ranches for agricultural purposes,
                     except  equipment as listed in subrule 4.4(7).

                e.   Incinerators with a rated refuse burning capacity of less
                     than 25 pounds per hour.

                f.   Fugitive dust controls unless a control efficiency can be
                     assigned to the equipment or control equipment.

                g.   Equipment or control equipment which eliminates all emission
                     to the  atmosphere.

                h.   Equipment or control equipment which emits odors unless
                     such equipment or control equipment also emits particulate
                     matter, or any other air contaminant.
(5.0)     3.2  (136B)   Variances.

             1.  Application for variances.  A person may make application for a
                variance from applicable emission standards specified in Chapter
                4,  or other provisions specified in these rules and regulations.

                a.   Contents.  Each application for a variance shall be submitted
                     to the  Technical Secretary, stating the following:

                     1.  The name, address, and telephone number of the person
                        submitting the application or, if such person is a
                        legal entity, the name and address of the individual
                        authorized to accept service of process on its behalf
                        and the name of the person in charge of the premises
                        where the pertinent activities are conducted.

                     2.  The type of business or activity involved.

                     3.  The nature of the operation or process involved; inclu-
                        ding information on the air contaminants emitted, the
                        chemical and physical properties of such emissions, and
                        the estimated amount and rate of discharge of such
                        emissions.

                     4.  The exact location of the operation or process involved.
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        5.   The reason or reasons  for considering that compliance
            with the provisions  specified in these  rules  and  regula-
            tions will produce serious hardship without equal  or
            greater benefits to  the public,  and the reasons why no
            other reasonable method can be used for such  operations
            without resulting in a hazard to health or property.

        6.   Each application shall bear the  signature of  the  person
            making the application, following an affirmation  that
            all statements are true and correct.

    b.  Variance extension.  The request for extension of a variance
        shall  be accompanied by  one of the following applicable items:

        1.   A  letter of intent as  specified  in section 3.3 of these
            rules and regulations.

        2.   An emission reduction  program as specified in section 3.4
            of these rules and regulations.

2.  Processing of applications.   Each application  for a variance  and
    its supporting material shall  be reviewed and  an investigation
    of the facilities shall be made by the Department, for evaluation
    of whether or not the emissions involved will  produce the follow-
    ing effects.

    a.  Endanger human health.  Endanger or tend to endanger  the
        health of persons residing in or otherwise occupying  the  area
        specified by said emissions.

    b.  Create safety hazards.  Create or tend to  create  safety
        hazards, such as (but not limited to) interference with  traffic
        due to reduced visibility.

    c.  Damage livestock or plant life.  Damage or tend to damage any
        livestock harbored on, or any plant life on, property that
        is affected by said emissions and under other ownership.

    d.  Damage property.  Damage or tend to damage any property on
        land that is affected by said emissions and under other owner-
        ship.

3.  Recommendation for action.  Upon completion of its investigation,
    the Department shall submit the findings and a recommendation for
    appropriate action to the Commission.

    a.  Granting of variance.  The Commission shall grant a  variance
        when it concludes that such action is appropriate.  The var-
        iance may be granted subject to conditions specified  by the
        Commission.  The Commission shall specify such time  intervals
        as are considered appropriate for submission of reports  on
        the progress attained in the emission reduction program.

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                 b.   Denial  of variance.   The Commission  shall  deny  a  variance  when
                     it concludes  that such  action  is  appropriate.   A  denial  shall
                     be without prejudice to the  right of the applicant  to  request
                     a review hearing  before the  Commission.

                 c.   Variance from new source performance standards  not  allowed.  No
                     variance shall  be granted to a  source to which  4.1(2)  applies.

(2.0)    3.3 (136B)   Letter  of Intent

             1.   Contents.   A letter of intent to file an emission reduction  pro-
                 gram submitted pursuant  to  these rules and regulations  shall in-
                 clude information on  the following  items pertaining to  each
                 source operation.

                 a.   Raw materials.  The  quantity and  type of raw materials processed.

                 b.   Emissions.  An  estimate of the  quantity and type  of emissions
                     to the  atmosphere.
                 c.   Emission sources.  A listing of those  source operations which
                     are considered  major sources of air  contaminant emissions.

                 d.   Control  equipment.   A listing of  the existing pollution con-
                     trol devices, and an estimate of  their efficiency.

                 e.   Anticipated problems.   Comments regarding  particular problems
                     anticipated in  reducing emissions.

                 f.   Emission reduction program submission  date.  The  date when a
                     detailed air  contaminant emission reduction program pertaining
                     to each source  operation will be  submitted to the Department.
                     Such date shall not  be  later than six (6)  months  after filing
                     the letter of intent.

                 G.   Additional  information.   Such additional information as may
                     be required by  the Commission.

(2.0)    3.4 (455B)   Emission reduction program.

             1.   Content.  An air  contaminant emission reduction program submitted
                 to  the department pursuant  to these rules shall include a  schedule
                 for the installation  of  pollution  control  devices or  the replace-
                 ment or alteration  of specified  facilities in  such  a  way that
                 emissions of air  contaminants are  reduced to comply with the
                 emission standard specified in chapter 4 of these rules.   The
                 schedule must include, as a minimum,the  following five  increments
                 of  progress:

                 a.   The date of submittal of the final control plan to  the
                     department.


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    b.  The date by which contracts will  be awarded for emission
        control systems or process modification or the date by which
        orders will be issued for the purchase of component parts to
        accomplish emission control or process modifications.

    c.  The date of initiation of on-site construction or installation
        of emission control equipment or process change.

    d.  The date by which on-site construction or installation of
        emission control  equipment or process modification is  to be
        completed.

    e.  The date by which final  compliance is to be achieved.

2.   Review.  The department shall review all programs submitted, and
    shall make recommendations to the commission with respect  to
    whether these programs are adequate and reasonable.

    a.  Commission action.  Upon receiving the recommendation  of the
        department, the commission may approve or disapprove such
        programs.

        1.  Upon approval of a program, a variance is granted  for one
            year or until the final compliance date, whichever period
            is shorter.  Emission reduction programs shall be  reviewed
            annually by the commission and a variance extension
            granted for ongoing approved emission reduction programs
            which show satisfactory progress toward the elimination or
            prevention of air pollution.   The commission may specify
            under what conditions and to what extent the variance or
            variance extension is granted.

        2.  If the department recommends disapproval of a program,
            the disapproval shall be without prejudice to the
            right of the applicant to request a review hearing before
            the commission and the applicant shall have a period of
            30 days from date of notification by the commission in
            which to request a review hearing.

        3.  Failure to meet any increment of progress in the compli-
            ance schedule contained in an approved emission reduction
            program may result in the disapproval of the program
            and termination of the associated variance.

3.   Reports.  Each person responsible for an approved program shall
    make periodic written progress reports to the department,  as
    specified by the department.  The department shall make periodic
    reports to the commission on emission reduction programs submitted,
    and on the recommendations related to such programs.
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(4.0)                                         CHAPTER 4
                               EMISSION  STANDARDS  FOR CONTAMINANTS

(4.0)     400—4.1  (455B)   Emission  standards.

(2.0)         1.   In  general.   The federal  standards of  performance  for new station-
                 ary sources  (new source performance standards) shall be applicable
                 as  specified in 4.1(2).   Compliance with emission  standards
                 specified elsewhere  in  this  chapter shall be  in accordance with
                 chapter  2 of these rules.  All  standards in this chapter shall be
                 considered as operation standards rather than design standards.

(10.0)       2.   New source performance  standards.  The federal standards of per-
                 formance for new stationary  sources, 40 Code  of Federal Regulations
                 Part 60  as amended through December 31, 1975, shall apply to the
                 following affected facilities as  defined in said part.
                 a.   Fossil fuel-fired steam  generators.  A  fossil  fuel-fired
                     steam generating unit of more than 250  million BTU heat input.

                 b.   Incinerators.  An incinerator of more than 50  tons per day
                     charging rate.

                 c.   Portland cement  plants.  Any  of the following  in a port!and
                     cement plant:Kiln; clinker  cooler; raw  mill  system; finish
                     mill system; raw mill  dryer;  raw material storage; clinker
                     storage; finished product storage; conveyor transfer points;
                     bagging  and bulk loading and  unloading  systems.

                 d.   Nitric acid plants.  A nitric acid production  unit.

                 e.   Sulfuric acid  plants.  A sulfuric  acid  production unit.

                 f.   Asphalt  concrete plants.  An  asphalt concrete  plant.

                 g.   Petroleum refineries.  Any  of the  following at a petroleum
                     refinery:fluid catalytic  cracking unit  catalyst regenerator;
                     fluid catalytic  cracking unit incinerator—waste heat boilers;
                     and  fuel gas combustion  devices.

                 h.   Secondary lead smelters.  Any of the following in a secondary
                     lead smelter:pot  furnaces of more than  250  kilograms  (550
                     pounds)  charging capacity;  blast (cupola) furnaces; and
                     reverberatory  furnaces.

                 i.   Secondary brass  and bronze  ingot production plants.  Any of
                     the  following  at a  secondary  brass and  bronze  ingot production
                     plant:  reverberatory and electric furnaces of 1000/kilograms
                     (2205 pounds)  or greater production capacity  and blast
                     (cupola) furnaces of 250 kilograms per  hour (550 pounds per
                     hour) or greater production capacity.

                 j.   Iron and steel plants.   A basic oxygen  process furnace.

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                k.   Sewage  treatment  plants.   An  incinerator which burns  the
                    sludge  produced by  municipal  sewage  treatment plants.

                1.   Steel plants.  Either  of  the  following at a  steel  plant:
                    electric  arc  furnaces  and dust-handling equipment.
(51.13) 4.2  (455B)  Open  burning.
            1.   Prohibition.   No  person  shall  allow,  cause  or  permit  open  burning
                of combustible materials,  except  as provided in  4.4(2} and 4.2(3).
            2.   Variances  from rules.  Any person wishing to conduct  open  burning
                of materials  not  exempted  in subsection 4.2(3) may make appli-
                cation  for a  variance as specified in 3.2(1) of  these rules.

            3.   Exemptions.   The  following shall  be permitted  unless  prohibited
                by local ordinances or regulations.

                a.   Disaster  rubbish.  The open burning of  rubbish, including
                    landscape waste, for the duration of the community disaster
                    period in cases where  an officially declared emergency condi-
                    tion exists.

                b.   Diseased  trees.  The open  burning of diseased trees.   However,
                    when the  burning of diseased  trees causes  a  nuisance,
                    the commission may take appropriate action to secure relo-
                    cation of the burning  operation.  Rubber tires shall not be
                    used to ignite diseased trees.

                c.   Flare  stacks.  The open burning or flaring of waste gases,
                    providing such open burning or flaring  is  conducted in com-
                    pliance with  paragraphs 4.3(2)d and 4.3(3)d  of these rules.

                d.   Landscape waste.  The  disposal by open  burning of landscape
                    waste  originating on the premises.  However, the  burning of
                    landscape waste produced in clearing, grubbing, and construc-
                    tion operations shall  be limited  to areas  located at least
                    one-fourth mile from any inhabited building.  Rubber tires
                    shall  not be  used to ignite landscape waste.

                e.   Recreational  fires.  Open  fires for cooking, heating,  re-
                    creation  and  ceremonies, provided they  comply with paragraph
                    4.3(2)d   of these rules.

                f.   Residential waste.  Backyard  burning of residential waste at
                    dwellings of  four-family units or less.  The adoption  of
                    more restrictive ordinances or regulations of a governing
                    body of the political  subdivision, relating  to control of
                    backyard  burning, shall not be precluded by  these rules.
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                 g.   Training  fires.   Fires set  for the purpose of bona fide
                     training  of public  or industrial employees in fire fighting
                     methods,  provided that the  Executive Director receives
                     notice  in writing at least  one week before such action
                     commences.

 (50.0)   4.3 (455B)   Specific  contaminants.

 (2.o)        !•   General.  The emission  standards  contained  in this rule shall
                 apply to  each source  operation  unless a specific emission standard
                 for  the process  involved is prescribed elsewhere in this chapter,
                 in which  case the specific standard shall  apply.

(50.1)         2.   Particulate matter.  No person shall  cause or allow the emission
                 of particulate matter from any source in excess of the emission
                 standards specified in this chapter,  except as provided in
                 chapter 5.

                 a.   Process weight rate.  The emission of particulate matter
                     from  any  process shall  not exceed the amount determined from
                     Table 1 except as provided in 3.2(4558), 4.1(4558), 4.4(4558),
                     and chapter  5.  If the executive director determines that a
                     process complying with the emission rates specified in Table
                     I  is causing or will cause air pollution in a specific area
                     of the state, an emission standard of 0.1 grain per standard
                     cubic foot of exhaust gas may be imposed.

                 b.   Combustion for indirect heating.   Emissions of particulate
                     matter from  the combustion of fuel for indirect heating or for
                     power generation shall  be limited by the ASME Standard APS-1,
                     Second Edition, November, 1968, "Recommended Guide for the
                     Control of Dust Emission—Combustion for Indirect Heat Ex-
                     changers".   For the purpose of this paragraph, the allowable
                     emissions shall be calculated from equation (15) in that stan-
                     dard, with
                                 C0max2  s 50 micrograms per cubic meter.
                     Allowable emissions from a single stack may be estimated
                     from  Figure  1.  The maximum ground level dust concentrations
                     designated are above the background level.  For plants with
                     4,000 million BTU/hour input, or more, the "a" factor shall
                     be 1.0.   In  plants with less than 4,000 million BUT/hour in-
                     put,  appropriate "a" factors, less than 1.0 shall be applied.
                     Pertinent correction factors, as specified in the standard,
                     shall be applied for installations with multiple stacks.
                                               -18-

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1.  Outside any standard metropolitan statistical  area,  the
    maximum allowable emissions from each  stack  serving
    existing equipment,  irrespective of height,  shall  be 0.8
    pounds of particulates per million BTU input.

2.  Inside any standard  metropolitan statistical  area, the
    maximum allowable emission from each stack,  irrespective
    of height, shall  be  0.6 pounds  of particulates per million
    BTU input.

3.  In new equipment, the maximum allowable emissions  from
    each stack, irrespective of height or location, shall  be
    0.6 pounds of particulates per million BTU input.

4.  Measurements of emissions from a particulate source  will
    be made in accordance with the provisions  of chapter 7.
                          -19-

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                             TABLE  I
                 ALLOWABLE  RATE  OF  EMISSION BASED ON
                        PROCESS  WEIGHT  RATE*
Process Weight
     Rate
Emission
  Rate
 Process Height
      Rate
Emission
  Rate
 Lb/Hr   Tons/Hr
 Lb/Hr
Lb/Hr     Tons/Hr
Lb/Hr
TOO
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
5.00
0.55
0.88
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
8.00
9.00
10,00
15.00
20.00
25.00
30.00
35.00
40.00
45.00
50.00
60.00
70.00
80.00
100.00
500.00
1,000.00
3,000.00
16.5
17.9
19.2
25:2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
interpolation of the data in this  table for process weight  rates up to
 60,000 Ib/hr shall  be accomplished by the  use  of the  equation

                 E = 4.10 P°-57,

 and interpolation and extrapolation of the data  for process weight rates
 in excess of 60,000 Ib/hr shall  be accomplished  by the  use  of  the equation

                 E = 55.0 POJ1-40

Where E = rate of emission in Ib/hr, and
      p = process weight in tons/hr
                                     -20-

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              101AL EQUIPMENT CAPACITY RATING. MILLION BTU PER HOUR INPUT
         d.   Visible emissions.  No person shall  allow,  cause or permit
              the  emission of visible air contaminants  of a density or
              shade equal  to or darker than that designated as Number 2
              on the Ringelmann Chart, or 40 percent  opacity, into the
              atmosphere from any equipment, internal combustion engine,
              premise fire, open fire or stack, except  as provided below
              and  in chapter 5 of these rules.

              1.   Residential heating equipment.   Residential heating
                  equipment serving dwellings of four family units or
                  less is  exempt.

              2.   Gasoline-powered vehicles.  No person shall allow,
                  cause or permit the emission of  visible air contaminants
                  from gasoline-powered motor vehicles  for longer than
                  five consecutive seconds.
                                       -21-

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                     3.   Diesel-powered  vehicles.  No person shall allow, cause or
                         permit the  emission of  visible air contaminants from
                         diesel-powered  motor  vehicles of a shade or density
                         equal  to  or darker than that designated as Number 2 on
                         the Ringelmann  Chart, or 40 percent opacity, for longer
                         than five consecutive seconds.

                     4.   Diesel-powered  locomotives.  No person shall allow,
                         cause or  permit the emission of visible air contami-
                         nants from  diesel-powered locomotives of a shade or
                         density equal to or darker than that designated as
                         Number 2  on the Ringelmann Chart, or 40 percent opa-
                         city,  except for a maximum period of 40 consecutive
                         seconds during  acceleration under load, or for a period
                         of four consecutive minutes when a locomotive is
                         loaded after a  period of idling.

                     5.   Startup and testing.  Initial start and warmup of a cold
                         engine, the testing of  an engine for trouble, diagnosis
                         or repair,  or engine  research and development activities,
                         is exempt.

                     6.   Uncombined  water.  The  provisions of this paragraph
                         shall  apply to  any emission which would be in violation
                         of these  provisions except for the presence of uncom-
                         bined water, such as  condensed water vapor.

(50.2)        3.   Sulfur compounds.  The  provisions of this subrule shall apply to
                 any installation  from which sulfur compounds are emitted into
                 the atmosphere.

                 a.   Sulfur dioxide  from use of  fuels.  After January 1, 1974, no
                     person shall  allow, cause,  or permit the emission of sulfur
                     dioxide into  the atmosphere in an amount greater than six (6)
                     pounds of sulfur dioxide, maximum two (2) hour average, per
                     million British Thermal Units of heat input from any solid
                     fuel-burning  installation for any combination of fuels
                     burned; nor the emission  of sulfur dioxide into the atmos-
                     phere in an amount  greater  than two point zero (2.0)
                     pounds of sulfur dioxide, maximum two (2) hour average,
                     per million British Thermal Units of heat input from any
                     liquid fuel-burning installation.

                     After January 1, 1975, no person shall allow, cause or  per-
                     mit the emission of sulfur  dioxide into the atmosphere  in
                     an amount greater than five (5) pounds of sulfur dioxide,
                     maximum two (2) hour average, per million British Thermal
                                              -22-

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                     Units  of  heat  input  from any solid fuel-burning installation
                     for any combination  of fuels burned; nor the emission
                     of sulfur dioxide  into the atmosphere in an amount greater
                     than one  point five  (1.5) pounds of sulfur dioxide, maximum
                     two (2) hour average, per million British Thermal Units of
                     heat input from any  liquid fuel-burning installation.

                 b.   Sulfur dioxide from  sulfuric acid manufacture.  After January
                     1, 1975,  no person shall allow, cause, or permit the emission
                     of sulfur dioxide  from a sulfuric acid manufacturing plant
                     in excess of six point five (6.5) pounds of sulfur dioxide,
                     maximum two (2)  hour average, per ton of product calculated
                     as one hundred (100) percent sulfuric acid.

                 c.   Sulfur dioxide from  sulfuric acid manufacture.  After January
                     1, 1975 no person  shall allow, cause or permit the emission
                     of sulfur dioxide  from an existing sulfuric acid manufactur-
                     ing plant in excess  of 30 pounds of sulfur dioxide, maximum
                     two-hour  average,  per ton of product calculated as 100
                     percent sulfuric acid.

                 d.   Acid mist from sulfuric acid manufacture.  After January 1,
                     1974,  no  person shall allow, cause or permit the emission
                     of acid mist calculated as sulfuric acid from an existing
                     sulfuric  acid  manufacturing plant in excess of 0.5 pounds,
                     maximum two-hour average, per ton of product calculated as
                     100 percent sulfuric acid.

                 e.   Other  processes capable of emitting sulfur dioxide.  After
                     January 1, 1974, no  person shall allow, cause or permit the
                     emission  of sulfur dioxide from any process, other than
                     sulfuric  acid  manufacture, in excess of 500 parts per million,
                     based  on  volume.  This paragraph shall not apply to devices
                     which  have been installed for air pollution abatement purposes
                     where  it  is demonstrated by the owner of the source that the
                     ambienc air quality  standards are not being exceeded.

(51.0)    4.4  (1368)   Specific Processes.

(2.0)         1.   General.  The emission standards specified in this section shall
                 apply, and those specified in section 4.3 shall not apply, to
                 each process  of the types listed in the following subsections,
                 except as  provided in  paragraph a., below.

                 a.   Exception. Whenever the Executive Director determines that
                     a process complying  with the emission standard prescribed  in
                     this section is causing or will cause air pollution  in a
                     specific  area  of the state, the specific emission standard
                     may be suspended and compliance with the provisions of
                     section 4.3 may be required in such instance.
                                              -23-

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(51.8)      2.   Asphalt batching plants.   No person shall  allow,  cause, or permit
                the operation of an asphalt batching plant in a manner such
                that the particulate matter discharged to  the atmosphere exceeds
                zero point one five (0.15) grain per standard cubic foot of
                exhaust gas.

(51.3)      3.   Cement kilns.  Cement kilns shall  be equipped with air pollution
                control devices to reduce the particulate  matter in the gas dis-
                charged to the atmosphere to no more than  zero point three (0.3)
                percent of the particulate matter entering the air pollution
                control device.  Regardless of the degree  of efficiency of the
                air pollution control  device, particulate  matter discharged from
                such kilns shall  not exceed one-tenth (0.1) grain per standard
                cubic foot of exhaust gas.

(51.4)      4.   Cupolas for metallurgical melting.  The emissions of particulate
                matter from all new foundry cupolas, and from all existing foundry
                cupolas with  a process weight rate in excess of twenty thousand
                (20,000) pounds per hour, shall  not exceed the amount deter-
                mined from Table I of these rules  and regulations, except as
                provided in Chapter 5 of these rules and regulations.

                a.  Existing small cupolas.  The emissions of particulate matter
                    from all  existing foundry cupolas with a process weight
                    rate less than or equal to twenty thousand (20,000) pounds
                    per hour shall not exceed the amount determined from Table
                    II of these rules and regulations, except as  provided in
                    Chapter 5 of these rules and regulations.


                                      TABLE II
               ALLOWABLE EMISSIONS FROM EXISTING SMALL FOUNDRY CUPOLAS


        Process weight rate (Ib/hr)                  Allowable Emission (Ib/hr)
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
16,000
18,000
20,000
3.05
4.70
6.35
8,00
9.58
11.30
12.90
14.30
15.50
16.65
18.70
21,60
23.40
25.10
                                             -24-

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(51.21)       5.   Electric furnaces  for metallurgical  melting.   The  emissions of
                 particulate matter to the atmosphere from electric furnaces
                 used for metallurgical  melting shall  not  exceed  zero  point
                 one (0.1) grain per standard cubic  foot of exhaust gas.

(51.1)        7.   Grain handling and processing plants.  No person shall cause,
                 allow or permit the operation of equipment at  a  permanent
                 installation,  for  the handling or processing of  grain, grain
                 products and grain by-products such  that  the particulate matter
                 discharged to  the  atmosphere exceeds 0.1  grain per standard
                 cubic foot of  exhaust gas.

(51.21)      8.   Lime kilns. No person shall allow,  cause, or  permit  the operation
                 of a kiln for  the  processing of limestone such that the parti-
                 culate matter  in the gas discharged  to the atmosphere exceeds
                 zero point one (0.1) grain per standard cubic  foot of exhaust gas.

(51.21)       9.   Meat smokehouses.   No person shall  allow, cause, or permit the
                 operation of a meat smokehouse, or  a group of  meat smokehouses,
                 which consume  more than ten (10) pounds of wood, sawdust, or other
                 material per hour  such that the particulate matter discharged to
                 the atmosphere exceeds zero point two (0.2) grain  per standard
                 cubic foot of  exhaust gas.

(51.21)      10.   Phosphate processing plants.  No person shall  allow,  cause, or
                 permit the operation of equipment for the processing  of phosphate
                 ore, rock or other phosphatic material including,  but not limited
                 to, phosphoric acid in a manner that the  unit  emissions of
                 fluoride exceed zero point four (0.4)  pound of fluoride per ton
                 of phosphorous pentoxlde or its equivalent, but  not more than
                 one hundred (100)  pounds per day.

                 a.  Allowable  emissions.  The allowable total  emission of
                     fluoride shall be calculated by multiplying  the unit emission
                     specified  above fay the expressed design production capacity
                     of the process equipment.

(51.3)       11.   Portland cement concrete batching plants.  No  person  shall allow,
                 cause, or permit the operation of a port!and cement concrete bat-
                 ching plant such that the parttculate matter discharged to the
                 atmosphere exceeds zero point one (0.1) grain  per  standard
                 cubic foot of exhaust gas.

(51.9)       12.   Incinerators.   No  person shall allow, cause, or  permit the opera-
                 tion of an incinerator unless provided with appropriate control
                 of emissions of particulate matter,  visible air  contaminants,
                 and objectionable  odors.
                                             -25-

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                 a.   Particulate matter.   No person  shall  allow,  cause, or  per-
                     mit the operation of an incinerator with  a  rated  refuse
                     burning capacity of  one thousand  (1,000)  or more  pounds
                     per hour in a manner such  that  the particulate matter
                     discharged into the  atmosphere  exceeds  zero point two
                     (0.2)  grain per standard cubic  foot of  exhaust gas adjusted
                     to twelve (12) percent carbon dioxide.

                     1.  No person shall  cause,  allow, or  permit the operation of
                         an incinerator with a  rated refuse  burning capacity of
                         less  than one thousand (1,000) pounds per hour in  a
                         manner such that the particulate  matter discharged to
                         the atmosphere exceeds  zero point three five  (0.35) grain
                         per standard cubic foot of  exhaust  gas  adjusted  to
                         twelve (12) percent carbon  dioxide.

                 b.   Visible emissions.  No person shall allow,  cause, or permit
                     the operation of an  incinerator in a  manner such  that  it pro-
                     duces  visible air contaminants  which  have an appearance,
                     density,  or shade equal to or darker  than Number  2 on  the
                     Ringelmann Chart, or forty (40) percent opacity;  except
                     that visible air contaminants which have  an appearance, density
                     or shade  not darker  than Number 3 on  the  Ringelmann  Chart,
                     or sixty  (60) percent opacity,  may be emitted for a  period or
                     periods aggregating  not more than three (3)  minutes  in any
                     sixty (60) minute period during an operation breakdown or
                     during the cleaning  of air pollution  control  equipment.

(7.0)                                  CHAPTER  5
                                       EXCEPTIONS

(7.0)    5.1  (455B)   Exceptions due to maintenance or breakdowns.

             1.   Maintenance of power or  heating plant.  When  building a  new fire,
                 when manually cleaning a fire,  or when blowing  tubes  and flues
                 in  a power plant, heating plant or  domestic heating plant,
                 visible air contaminants of an appearance,  density or shade
                 equal to or darker than  that designated as  Number 2 on the
                 Ringelmann Chart, or 40  percent opacity,  may  be emitted  into
                 the atmosphere for a period or periods aggregating not more than
                 six minutes in any 60-minute period.

             2.   Cleaning of pollution control  equipment.  When  cleaning  pollution
                 control equipment which  does not require  a  shutdown of equipment,
                 particulate matter may be emitted in  excess of  the limitations
                 specified in  chapter 4 for a period or periods  aggregating not
                 more than six minutes in any 60-minute period.
                                              -26-

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                 Repair or maintenance.  Abnormal  conditions,  breakdown or
                 emergency maintenance of pollution control  equipment or related
                 operating equipment, which causes emissions in excess of the
                 limitations specified in chapter 4 shall  not  be deemed violations
                 provided that the provisions specified in paragraphs "a" and
                 "b" below, are followed.
                 a.  Report of conditions.  The person responsible for the equip-
                     ment causing such emissions shall notify the Executive
                     Director by the next regular working day of the department.

                 b.  Action to correct condition.  The person responsible for such
                     equipment causing such emissions shall,  with all  practicable
                     speed, initiate and complete appropriate reasonable action

                     1.  To correct the conditions causing emissions to exceed
                         said limits,

                     2.  To reduce the frequency of occurrence of such conditions,

                     3.  To minimize the amount by which said limits are exceeded,
                         and

                     4.  To reduce the length of time for which said limits are
                         exceeded;

                     and shall submit to the Executive Director at his request,
                     a full report of such occurrence, including a statement
                     of all known causes, and of the scheduling and the
                     nature of the actions to be taken pursuant to these rules.

(2.0)                                     CHAPTER 6
                            CIRCUMVENTION OF RULES AND REGULATIONS

(2.0)    6.1 (136B)  Circumvention of rules and regulations.

             1.  Circumvention prohibited.  No person shall  build, erect, install,
                 or use any article, machine, equipment, or other contrivance
                 which, without resulting in a reduction in the total  amount of
                 air contaminants released to the atmosphere, reduces  or controls
                 an emission which would otherwise constitute violation of these
                 rules and regulations.

(9.0)                                     CHAPTER 7
                                MEASUREMENT OF EMISSIONS

(9.0)    7.1 (455B)  Testing and sampling of new and existing equipment

             1.  Tests by owner.  The owner of new or existing equipment or his
                 authorized agent shall notify the Executive  Director in writing,
                                              -27-

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                 not less  than ten days  before a  test is  to  be  made  of an  installa-
                 tion.   Such notice shall  include the time,  the place  and  the  name
                 of the person who will  conduct the  tests to determine if  such
                 equipment is meeting the  applicable emission standards specified
                 in chapter 4.  A representative  of  the department shall be
                 permitted to witness the  tests.   Results of the tests shall be
                 submitted in writing to the Executive Director.

             2.   Tests  by  department. Representatives of the department may con-
                 duct separate and addttional  air contaminant emission tests of
                 an installation on behalf of the state and  at  the expense of  the
                 state. Sampling holes, safe scaffolding and pertinent allied
                 facilities, but not instruments  or  sensing  devices, as needed
                 shall  be  requested in writing by the Executive Director and shall
                 be provided by and at the expense of the owner of the installa-
                 tion at such points as  specified in the request. The owner shall
                 provide a suitable power  source  to  the point or points of testing
                 so that sampling instruments can be operated as required.
                 Analytical results shall  be furnished to the owner.

             3.   Methods and procedures.  Stack sampling and analytical deter-
                 minations to evaluate compliance with these rules shall be made
                 in accordance with methods and procedures acceptable  to the
                 commission.

(8.0)                                   CHAPTER 8
                      PREVENTION OF AIR  POLLUTION EMERGENCY  EPISODES

(2.0)    8.1  (136B)  General.

             1.   Purpose.   The provisions  of this chapter are designed to  pre-
                 vent the  excessive buildup of air contaminants during air
                 pollution episodes, thereby preventing the  occurrence of  an
                 emergency due to the effects of  these contaminants  on the health
                 of persons.

(8.0)    8.2 (136B)  Episode Criteria.

             1.   Evaluation.  Conditions justifying  the proclamation of an air
                 pollution alert, air pollution warning, or  air pollution  emergency
                 shall  be  deemed to exist  whenever the Commission, its Technical
                 Secretary, or the Commissioner determines that the  meteorological
                 conditions are such that  the accumulation of air contaminants
                 in any place is reaching, or has reached, levels which could, if
                 sustained or exceeded,  lead to a substantial threat to the  health
                 of persons.
                                             -28-

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    a.   Air pollution forecast.   Initial  consideration  of air pollu-
        tion episode activities  will  be activated by  receipt from  the
        National  Weather Service of an air pollution  forecast.
        Receipt of such a forecast shall  be the basis for activities
        such as,  but not limited to,  increased monitoring of air
        contaminants in the area involved.

2.  Declaration.   In making determinations for the declaration of  an
    air pollution episode condition,  the Commission,  its  Technical
    Secretary, or the Commissioner will be guided by  the  criteria
    stated in the following paragraphs.

    a.   Air pollution alert.  An alert will be declared when any one
        of the following levels  is reached at any monitoring site,
        and when meteorological  conditions are such that  the contami-
        nant concentrations can  be expected to remain at  those levels
        for twelve (12) or more  hours, or increase, unless control
        actions are taken.

        1.  Sulfur dioxide - 800 micrograms per cubic meter (0.3 ppm),
            24-hour average.

        2.  Particulate matter - 3.0 COH or 375 micrograms per cubic
            meter, 24-hour average.

        3.  Sulfur dioxide and particulate matter combined - product
            of ppm sulfur dioxide (24-hour average) and COH equal  to
            0.2,  or product of micrograms sulfur dioxide  per cubic
            meter (24-hour average) and micrograms particulate
            matter per cubic meter (24-hour average)  equal to 65,000.

        4.  Carbon monoxide - 17 milligrams per cubic meter (15 ppm),
            8-hour average.

        5.  Oxidants (ozone) - 200 micrograms per cubic meter (0.1  ppm),
            1-hour average.

        6.  Nitrogen dioxide - 1,130 micrograms per cubic meter
            (0.6 ppm) 1-hour average, or 282 micrograms per cubic
            meter (0.15 ppm),24-hour average,

    b.   Air pollution warning.  A warning will be declared when any
        one of the following levels is reached at any monitoring site
        and when meteorological  conditions are such that  the contami-
        nant concentrations can be expected to remain at  those levels
        for twelve (12) or more hours, or increase, unless control
        actions are taken.
                                -29-

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1.  Sulfur dioxide - 1,600 micrograms per cubic meter (0.6
    ppm), 24-hour average.

2.  Particulate matter - 5.0 COH or 625 micrograms per cubic
    meter, 24-hour average.

3.  Sulfur dioxide and particulate matter combined - pro-
    duct of ppm sulfur dioxide (24-hour average) and COH
    equal to 0.8, or product of micrograms sulfur dioxide
    per cubic meter (24-hour average) and micrograms parti -
    culate matter per cubic meter (24-hour average) equal to
    261,000.

4.  Carbon monoxide - 34 milligrams per cubic meter (30 ppm),
    8-hour average.

5.  Oxidants (ozone) - 800 micrograms per cubic meter
    (0.4 ppm), 1-hour average.

6.  Nitrogen dioxide - 2,260 micrograms per cubic meter
    (1.2  ppm), 1-hour average,  or 565 micrograms per cubic
    meter (0.3 ppm), 24-hour average.

Air pollution emergency.  An emergency will be declared when
any one of the following levels is reached at any monitoring
site, and when meteorological conditions are such that this
condition can be expected to continue for twelve (12) or
more hours.

1.  Sulfur dioxide - 2,100 micrograms per cubic meter
    (0.8 ppm), 24-hour average.

2.  Particulate matter - 7.0 COH or 875 micrograms per cubic
    meter, 24-hour average.

3.  Sulfur dioxide and particulate matter combined - product
    of ppm sulfur dioxide (24-hour average) and COH equal
    to 1.2 or product of micrograms sulfur dioxide per cubic
    meter (24-hour average) and micrograms particulate matter
    per cubic meter (24-hour average) equal to 393,000.

4.  Carbon monoxide - 46 milligrams per cubic meter (40 ppm),
    8-hour average.

5.  Oxidants (ozone) - 1,200 micrograms per cubic meter
    (0.6 ppm), 1-hour average.

6.  Nitrogen dioxide - 3,000 micrograms per cubic meter
    (1.6 ppm), 1-hour average, or 750 micrograms per cubic
    meter (0.4 ppm), 24-hour average.
                        -30-

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                d.   Terminatlon.   Once  declared,  any  status  reached by  appli-
                    cation  of these  criteria will  remain  in  effect until  the
                    criteria  for  that level are no longer met.  As meteorological
                    factors and air  contaminants  change,  an  appropriate change
                    in episode level will  be declared.

(8.0)    400-8.3 (455B)  Preplanned abatement  strategies.

            1.   PIanned strategies.   Standby  plans shall  be  designed  to reduce
                or to eliminate  emissions  of  air  contaminants  in  accordance
                with the objectives  set forth  in  Tables III-V,  which are made
                a part of this chapter.

                a.   Plan preparation.   Any person responsible  for the operation
                    of a source  of air  contaminants as set  forth  in Tables  III-V
                    shall  prepare standby  plans for reducing the  emission of
                    air contaminants, which shall  be implemented  upon the de-
                    claration of an  air pollution episode and  continued for the
                    duration  of the  declared  episode.

                    Any person responsible for the operation of a source  of air
                    contaminants  not set forth under this paragraph shall,  when
                    requested by the executive director  in writing, prepare
                    standby plans for reducing the emission  of such air con-
                    taminant  or  contaminants  during the  periods of an air pollu-
                    tion episode, as specified in this chapter.

                b.   Plan content.  Standby plans  as required under this subrule
                    shall  be  in  writing.  Each standby plan  shall identify
                    the sources  of air  contaminants,  the approximate  amount of
                    reduction of contaminants  and a brief description of  the
                    manner in which  the reduction will be achieved during an  air
                    pollution alert, air pollution warning  or  air pollution
                    emergency, as specified in this chapter.

                c.   Review of plans. Standby plans as required by this subrule
                    shall  be  submitted  to  the executive  director  on or before
                    January 1, 1973. Each standby plan  shall  be  subject  to
                    review.  If,  in  the opinion of the commission, a  standby  plan
                    does not  provide for adequate reduction  of emissions, the
                    commission may disapprove such plan,  state the reasons  for
                    disapproval  and  order the preparation of an amended standby
                    plan within a time  period specified  in  the order.

                d.   Availability.  During a declared air pollution episode,
                    standby plans as required by  this subrule  shall  be made
                    available on the premises  to  any person  authorized to en-
                    force applicable rules.

            2.   Reserved.
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8.0     400-8.4 (455B)  Actions during episodes.

            1.  Emission reduction activities.   Any person responsible for the
                operation of a source of air contaminants as set forth in
                Tables III-V, herein, which is  located within the area involved,
                shall follow the actions specified below during periods of an
                air pollution alert, air pollution warning or air pollution
                emergency as may be declared.

                a.  Air pollution alert.  When  an air pollution alert has been
                    declared, all persons in the area involved responsible for
                    the operation of a source of air contaminants as set forth
                    in Table III herein, shall  take all air pollution alert
                    actions as required for such sources of air contaminants,
                    and persons responsible for the operation of specified sources
                    set forth in Table III herein, shall put into effect the
                    preplanned abatement strategy for an air pollution alert.

                b.  Air pollution warning.  When an air pollution warning has been
                    declared, all persons in the area involved responsible for
                    the operation of a source of air contaminants as set forth
                    in Table IV herein, shall take all air pollution warning
                    actions as required for such sources of air contaminants, and
                    persons responsible for the operation of specific sources
                    set forth in Table IV herein, shall put into effect the pre-
                    planned abatement strategy  for an air pollution warning.

                c.  Air pollution emergency.  When an air pollution emergency
                    has Been declared, all persons in the area involved responsi-
                    ble for the operation of a  source of air contaminants as
                    set forth in Table V herein, shall take all air pollution
                    emergency actions as required for such sources of air contami-
                    nants, and persons responsible for the operation of specific
                    sources set forth in Table V herein, shall put into effect the
                    preplanned abatement strategy for an air pollution emergency.
                    Special conditions.  When the executive director determines
                    that a specified episode level has been reached at one or
                    more monitoring sites solely because of emissions from a
                    limited number of sources, he shall specify the persons
                    responsible for such sources, that the preplanned abatement
                    strategy of Tables III, IV and V, or the standby plans, are
                    required insofar as they apply to such sources, and such
                    actions shall be put into effect until notified that the
                    criteria of the specified level are no longer met.
            2.  Reserved.
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                             TABLE III
     ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS ALERT LEVEL
                              GENERAL

1.  There shall be no open burning by any persons of tree waste,
    vegetation, refuse or debris in any form.

2.  The use of incinerators for the disposal  of any form of solid waste
    shall be limited to the hours between 12:00 noon and 4:00 p.m.

3.  Persons operating fuel-burning equipment which requires boiler
    lancing or soot blowing shall perform such operations only between
    the hours of 12:00 noon and 4:00 p.m.

4.  Persons operating motor vehicles should eliminate all unnecessary
    operations.
                        SOURCE CURTAILMENT

Any person responsible for the operation of a source of air contaminants
listed below shall take all required control actions for this alert
level.

                      SOURCE OF AIR POLLUTION

1.  Coal-or oil-fired electric power generating facilities.

                         Control Actions

    a.  Substantial reduction by utilization of fuels having low ash and
        sulfur content.

    b.  Maximum utilization of mid-day  (12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing or soot blowing.

    c.  Substantial reduction by diverting electric power generation to
        facilities outside of alert level.

2.  Coal- and oil-fired process steam generating facilities.

                         Control Actions

    a.  Substantial reduction by utilization of fuels having low ash
        and sulfur content.

    b.  Maximum utilization of mid-day(12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.
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    c.  Substantial reduction of steam load demands consistent with con-
        tinuing plant operation.

3.  Manufacturing industries of the following classifications:

    Primary Metals Industry
    Petroleum Refining Operations
    Chemical Industries
    Mineral Processing Industries
    Paper and Allied Products
    Grain Industry

                            Control Actions

    a.  Substantial reduction of air contaminants from manufacturing opera-
        tions by curtailing, postponing or deferring production and all
        operation.

    b.  Maximum reduction by deferring trade waste disposal operations
        which emit solid particles, gas vapors or malodorous substances.

    c.  Maximum reduction of heat load demands for processing.

    d.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.)
        atmospheric turbulence for boiler lancing and soot blowing.
                                TABLE IV
     ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS WARNING LEVEL
                                GENERAL

1.  There shall be no open burning by any persons of tree waste, vegeta-
    tion, refuse or debris in any form.

2.  The use of incinerators for the disposal of any form of solid waste
    or liquid waste shall be prohibited.

3.  Persons operating fuel-burning equipment which requires boiler
    lancing or soot blowing shall perform such operations only between
    the hours of 12:00 noon and 4:00 p.m.

4.  Persons operating motor venicles must reduce operations by the use
    of car pools and increased use of public transportation and elimina-
    tion of unnecessary operation.
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                        SOURCE CURTAILMENT

Any person responsible for the operation of a source of air contaminants
listed below shall take all required control actions for this warning
level.

                     SOURCE OF AIR POLLUTION

1.  Coal- or oil-fired electric power generating facilities.

                          Control Actions

    a.  Maximum reduction by utilization of fuels having lowest ash and
        sulfur content.

    b.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.

    c.  Maximum reduction by diverting electric power generation to
        facilities outside of warning area.

2.  Oil and oil-fired process steam generating facilities.

                          Control Actions

    a.  Maximum reduction by utilization of fuels having the lowest
        available ash and sulfur content.

    b.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.

    c.  Making ready for use a plan of action to be taken if an emergency
        develops.

3.  Manufacturing industries which require considerable lead time for
    shutdown include the following classifications:

    Petroleum Refining
    Chemical Industries
    Primary Metals Industries
    Glass Industries
    Paper and Allied Products


                          Control Actions

    a.  Maximum reduction of air contaminants from manufacturing operations
        by, if necessary, assuming reasonable economic hardships by
        postponing production and allied operation.
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    b.  Maximum reduction by deferring trade waste disposal  operations
        which emit solid particles, gases, vapors or malodorous substances,

    c.  Maximum reduction of heat load demands for processing.

    d.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.

4.  Manufacturing industries which require relatively short lead times
    for shutdown including the following classifications:

    Primary Metals Industries
    Chemical Industries
    Mineral Processing Industries
    Grain Industry

                            Control Actions

    a.  Elimination of afr contaminants from manufacturing operations by
        ceasing, curtailing, postponing or deferring production and
        allied operations to the extent possible without causing injury
        to persons or damage to equipment.

    b.  Elimination of air contaminants from trade waste disposal
        processes which emit solid particles, gases, vapors or malodorous
        substances.

    c.  Maximum reduction of heat load demands for processing.

    d.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.


                                 TABLE V
              ABATEMENT STRATEGIES EMISSION REDUCTION ACTIONS
                            EMERGENCY LEVEL

                                GENERAL

1.  There shall be no open burning by any persons of tree waste, vege-
    tation, refuse or debris in any form.

2.  The use of incinerators for the disposal of any form of solid or
    liquid waste shall be prohibited.

3.  All places of employment described below shall immediately cease
    operations:

    a.  Mining and quarrying of nonmetallic minerals.
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b.  All construction work except that which must proceed to avoid
    emergent physical harm.

c.  All manufacturing establishments except those required to have
    in force an air pollution emergency plan.

d.  All wholesale trade establishments: i.e.,  places  of business
    primarily engaged in selling merchandise to retailers or
    industrial, commercial,  institutional  or professional users,  or
    to other wholesalers, or acting as agents  in buying merchandise
    for or selling merchandise to such persons or companies, except
    those engaged in the distribution of drugs, surgical supplies,
    and food.

e.  All offices of local, county and state government including
    authorities, joint meetings and other public bodies excepting
    such agencies which are determined by the  chief administrative
    officer of local, county or state government, authorities, joint
    meetings and other public bodies to be vital for public safety
    and welfare and the enforcement of the provisions of this order.

f.  All retail trade establishments except pharmacies, surgical
    supply distributors and stores primarily engaged in the sale  of
    food.

g.  Banks, credit agencies other than banks, securities and commo-
    dities brokers, dealers, exchanges and services;  offices of
    insurance carriers,agents and brokers, real estate offices.

h.  Wholesale and retail laundries, laundry services  and cleaning and
    dyeing establishments, photographic studios, beauty shops,
    barber shops, shoe repair shops.

i.  Advertising offices, consumer credit reporting, adjustment and
    collection agencies, duplicating, addressing, blueprinting, photo-
    copying, mailing, mailing list and stenographic services,
    equipment rental services, commercial  testing laboratories.

j.  Automobile repair, automobile services, garages.

k.  Establishments rendering amusement and recreational services
    including motion picture theaters,

1.  Elementary and secondary schools, colleges, universities,
    professional schools, junior colleges, vocational schools and
    public and private libraries.
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4.  All commercial and manufacturing establishments not included in this
    order will institute such actions as will  result in maximum reduction
    of air contaminants from their operation by ceasing, curtailing or
    postponing operations which emit air pollutants to the extent possible
    without causing injury to persons or damage to equipment.

5.  The use of motor vehicles is prohibited except in emergencies with the
    approval of local or state police.

                          SOURCE CURTAILMENT

Any person responsible for the operation of a  source of air contaminants
listed below shall take all required control actions for this  emergency
level.

                        SOURCE OF AIR POLLUTION

1.  Coal- or oil-fired electric power generating facilities.

                            Control  Actions

    a.  Maximum reduction by utilization of fuels having lowest ash
        and sulfur content.

    b.  Maximum utilization of mid-day (12:00  noon to 4:00 p.m.)
        atmospheric turbulence for boiler lancing and soot blowing.

    c.  Maximum reduction by diverting electric power generation to
        facilities outside of emergency area.

2.  Coal- and oil-fired process steam generating facilities.

                            Control  Actions

    a.  Maximum reduction by reducing heat and steam demands to absolute
        necessities consistent with  preventing equipment damage.

    b.  Maximum utilization of mid-day (12:00  noon to 4:00 p.m.) atmos-
        pheric turbulence for boiler lancing and soot blowing.

    c.  Taking the action called for in the emergency plan.

3.  Manufacturing industries of the following classifications:

    Primary Metals Industries
    Petroleum Refining
    Chemical Industries
    Mineral Processing Industries
    Grain Industry
    Paper and Allied Products


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                                     Control  Actions

              a.  Elimination of air contaminants from manufacturing operations  by
                  ceasing, curtailing,  postponing or  deferring production  and  allied
                  operations to the extent possible without causing injury to  persons
                  or damage to equipment.

              b.  Elimination of air contaminants from trade waste disposal  pro-
                  cesses which emit solid  particles,  gases, vapors or malodorous
                  substances.

              c.  Maximum reduction of heat load demands  for processing.

              d.  Maximum utilization of mid-day (12:00 noon to 4:00 p.m.)
                  atmospheric turbulence for boiler lancing and soot blowing.


          These rules are intended to implement chapter 455B, Code 1975.
          (Filed August 24, 1970; amended  May 2, 1972, December 11, 1973,
          December 17, 1974.)
(3.0)                                    CHAPTER 9
                                 CERTIFICATE OF ACCEPTANCE

(2.0)     9.1  (136B)  General.

              1.  Purpose.  Political  subdivisions shall  meet the conditions
                  specified in  this chapter if they intend to secure acceptance
                  of the local  air pollution control  program and to obtain a
                  Certificate of Acceptance from the Commission, as provided  in
                  Section 136B.15, Code of Iowa, 1971.

              2.  Limitation.   When a  Certificate of Acceptance is issued to  a
                  political subdivision, the Commission retains authority to
                  take emergency action as provided in  paragraph five (5) of  Section
                  136B.9, Code  of Iowa, 1971.

(3.0)     9.2 (136B) Certificate of Acceptance.

              1.  Application for Certificate.  The governing body of a political
                  subdivision may make application for  a  Certificate of Acceptance.

                  a.  Fpnps.  Each application for a Certificate of Acceptance
                      shall be  submitted to the Technical Secretary on the form
                      "Application for a Certificate of Acceptance of Local Air
                      Pollution Control Program".  Application forms will be
                      available at the Department.


                                               -39-

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           2.   Processing of applications.    The  Technical  Secretary  shall
               make an investigation of the program  covered by  an  application
               for a Certificate of Acceptance  to evaluate  conformance with
               applicable provisions of Section 136B.15,  Code of  Iowa, 1971,
               as soon as practicable.

               a.  Granting of Certificate.  A  Certificate  of Acceptance may
                   be granted by the Commission upon receipt of an affirmative
                   recommendation from the  Technical  Secretary, or upon
                   favorable action following a hearing on  the  application.

               b.  Review of program.  When a Certificate of Acceptance has
                   been granted for a local air pollution control  program,
                   the Commission shall  provide for  a review of the program
                   activities at such intervals as they may prescribe, for
                   evaluation of the continuation of the  Certificate. Following
                   such review, the Commission  may continue the Certificate
                   in effect, or suspend the Certificate.

                   1.  Suspension of Certificate. If the Commission  deter-
                       mines at any time that a local  air pollution control
                       program is being conducted in a manner which is not
                       consistent with  the  factors described herein,  a notice
                       to the political  subdivision  shall be provided setting
                       forth the deviations from  the standards  prescribed here-
                       in.  Such notice shall include a listing of the
                       corrective measures  that are  to be completed within a
                       specified period of  time.   If the  Commission finds,
                       after such time period,  that  the specified  corrective
                       action has not been  completed, the Commission  shall
                       suspend the Certificate  of Acceptance, and  resume ad-
                       ministration of the  regulatory provisions  of the statute
                       in the political  subdivision.   Suspension  of a Certi-
                       ficate shall be without  prejudice  to the right of the
                       applicant for requesting a hearing before  the  Commission.

                   2.  Reinstatement of Certificate.  If  the Commission shall
                       receive evidence that is deemed to indicate correction
                       of the deviations from the standards, a  suspended Certi-
                       ficate of Acceptance shall be reinstated upon  the re-
                       quest of the political subdivision involved.  Upon rein-
                       statement of a Certificate, the political  subdivision
                       shall resume the regulatory functions of the program.

(15.0)  9.3 (.1368)  Ordinance or Regulations.

           1.   Legal aspects.  Each local control program considered  for a
               Certificate of Acceptance shall  be conducted under an  appropriate
               ordinance  or set of regulations.
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    a.  Definitions. The definition of air pollution included in the
        ordinance or regulations shall be consistent with  that
        specified in paragraph three (3), Section 136B.2,  Code of
        Iowa, 1971.

        1.  The other definitions included in the ordinance or regu-
            lations  shall be consistent with those specified in
            Chapter 1 of these rules and regulations.

2.  Legal  authority.  The ordinance or regulations shall  provide
    authority to trie local  control agency as follows:

    a.  Scope of control.  Authority and responsibility for air pollu-
        tion control within the entire area included in the juris-
        diction involved.

    b.  Degree of control.   Authority to prevent, abate,  and control
        air pollution from all sources within its area of juris-
        diction, in accordance with requirements consistent with,
        or more strict than, the provisions specified in these
        rules and regulations.

    c.  Enforcement.  Legal authority to enforce its requirements
        and standards.

    d.  Inspection and tests.  Legal authority to make inspections,
        perform emission tests, and obtain data, reports,  or other
        information relating to sources of air pollution which may
        be necessary to prepare air contaminant emission inventories,
        and to evaluate control measures needed to meet specified
        goals.

3.  Control of air pollution.  The ordinance or regulations shall
    contain provisions applicable to the control or prohibition of
    emissions of air contaminants as listed below.

    a.  Emission control.  Requirements specifying maximum concen-
        trations, density,  or rates of discharge of emissions of
        air contaminants from specific sources.

        1.  These requirements may be included in the ordinance or
            regulations, or in standards adopted by the local
            control  agency under the authority granted by such
            ordinance or regulations.

        2.  These requirements shall not establish an emission stan-
            dard for any specific source that is in excess of the
            emission standard specified in Chapter 4 of these rules
            and regulations for that source.  However, these require-
                                 -41-

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            merits may establish an emission standard  for any speci-
            fic source that is  more strict than the emission stan-
            dard specified in Chapter 4 of these rules  and  regula-
            tions for that source.

    b.  Prohibition of emissions.   Provisions  prohibiting the in-
        stallation of equipment having a potential  for  air  pollu-
        tion without adequate control equipment.

        1.  Such restriction may be included in the building code
            applicable to the jurisdiction covered  by the local
            control agency.

    c.  Open burning.  Provisions  prohibiting  open  burning, in-
        cluding backyard burning,  in urban areas within the juris-
        diction of the local control agency.

        1.  Provisions relating to backyard burning may consist  of
            a  program requiring the prohibition of such burning
            within a reasonable period of time.

        2.  Provisions applicable to open burning may include a
            variance procedure.

    d.  Requirements for permits.   Provisions  requiring installation
        and operating permits for all new or altered  equipment
        capable of emitting air contaminants into the atmosphere
        installed within the jurisdiction of the local  control
        agency.

4.  Enforcement.  The ordinance or regulations of the local control
    agency shall include an effective mechanism for enforcing the
    provisions specified thereunder, as listed below.

    a.  Procedures.  The local  control ordinance or regulations  shall
        specify that any violation of its provisions  are subject
        to civil and criminal penalties.

    b.  Penalties.  The penalties  specified in such ordinance or
        regulations shall include fines, injunctive relief, and
        sealing of equipment found to be not in compliance  with
        applicable provisions of the ordinance or regulations.

        1.  Fines consistent with the applicable provisions of
            Section 136B.16, Code of Iowa, 1971, shall  be specified.
                                 -42-

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                 c.   Variances.   A procedure for granting  variances,  or  exten-
                     sions  of time to  attain compliance  status,  providing  that
                     the authority to  grant such variance  or  extension of  time
                     shall  not be allocated to any  administrative  officer  of
                     the local control  agency.

                     1.   The local control  agency shall  maintain on file a
                         record of the names,  addresses, sources of emissions,
                         types of emissions, rates  of emissions, reason  for
                         granting, conditions, and  length  of  time  specified,
                         relating to all  variances  or extension  of time
                         granted; and  shall make such records available  to the
                         Commission or the  Department upon request.

(2.0)     9.4  (136B)   Administrative Organization.

             1.   Administrative facilities.  Each local  control  program  consider-
                 ed for a Certificate  of Acceptance shall  have the administra-
                 tive facilities necessary  for effective operation of such pro-
                 gram including, but not limited to, those listed  below.

                 a.   Agency.  Designation of a legally constituted body  within
                     the organizational structure of the applicable political
                     subdivision, or combination of political subdivisions,
                     as the administrative  authority for the  local control pro-
                     gram.

                 b.   Procedures.  Adoption  of definite administrative procedures
                     for developing, promulgating,  and enforcing requirements
                     and standards for air  pollution control  within the  juris-
                     diction of the local control agency.

                 c.   Staff.  Employment of  a technical and clerical staff
                     deemed adequate to conduct the air  pollution  control
                     activities included in the local control program.

                     1.  Key technical staff personnel shall  have  received
                         training or experience in  air quality management  pro-
                         gram procedures.

                     2.  At least one  member of the technical staff shall  be
                         assigned full-time duty in the  operation  of  the local
                         control program.

             2.   Financial  support.  Each local control  program  considered for
                 a Certificate of Acceptance shall  have  adequate financial support
                 for the operation of  effective program  activities.
                                             -43-

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             3.   Physica1  faci 1ities.   Each  local  control  program considered  for
                 a certificate of Acceptance shall  have the  physical  facilities
                 necessary for the operation of effective  program activities,
                 including those  listed below.

                 a.  Office space.   Sufficient  office space  and  equipment  to
                     accommodate  the members of the technical  and clerical  staff.

                 b.  Laboratory facilities.   The laboratory  space and equipment
                     shall be adequate for the  effective exercise of the speci-
                     fic functions required  in  the operation of  the local  con-
                     trol  program.

                 c.  Transportation facilities.  These facilities shall  include
                     provisions for transportation of personnel  to service air
                     monitoring equipment, visits  to sources of  emissions  for
                     investigative purposes, and other appropriate program
                     activities.

(2.0)     9.5 (136B)  Program Activities.

             1.   Control program.  Each local control program considered for  a
                 Certificate of Acceptance shall conduct air pollution control
                 activities adequate to provide adequate control  of air pollu-
                 tion within the  jurisdiction of the local control  program, in-
                 cluding,  but not limited to, those listed below.  In conducting
                 these program activities, the  local control agency shall  make
                 every effort to  meet the specified ambient  air  quality objectives
                 applicable to the State of  Iowa.

                 a.  Evaluation of problems. Determination  of the actual  and
                     potential  air pollution problems within the jurisdiction
                     of the local control agency,  and comparison of the present
                     air quality  in that jurisdiction with the air quality stan-
                     dards and objectives promulgated for  this State.

                     1.  The air quality within the jurisdiction shall be
                         determined by an air monitoring program, using sampling
                         techniques and laboratory determinations compatible  with
                         those used in the air  pollution control  program of
                         this State.  The air monitoring program of the local
                         control  agency shall give attention to  the air con-
                         taminants considered to be indices  of pollution in this
                         State.

                     2.  The current emissions  of significant air contaminants
                         from sources located within the jurisdiction of the  local
                         control  agency shall be determined  through an emissions
                         inventory.  The data collected should be used to  deter-
                         mine the levels of air contaminant  emissions appropriate
                                              -44-

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                         to achieve or maintain the levels  specified  in  air  qual-
                         ity goals or objectives,  and  to calculate  the reductions
                         in emissions inventory to meet those goals or objectives.

                 b.   Control Activities.   Conducting of activities  to abate  or
                     control emissions of air contaminants  from existing equip-
                     ment or from new or  altered equipment  located  within the
                     jurisdiction of the  local  control  agency.

                     1.   A program of plant inspections shall  be conducted with
                         respect to control  of emissions from existing equipment.
                         These activities should include the collection  of data
                         related to the types of emissions  and the  rate  of dis-
                         charge of emissions from each  source involved,  along
                         with stack sampling when deemed appropriate.

                     2.   Procedures for plan review and the issuing of permits
                         relating to the  installation,  or alteration  such that
                         the emission of  air contaminants is significantly
                         altered, shall be conducted with respect to  control
                         of emissions from new or.altered sources.  These pro-
                         cedures may include provisions for permits relating to
                         the use of the equipment involved.

(2.0)                                      CHAPTER 10
                                          MISCELLANEOUS

(2.0)    10.1  (136B)  Scope.

             1.  Conformance.  Nothing in these rules  and regulations is intended
                 to permit any practice which is in violation of any  statute,
                 ordinance, or regulations.
                              ***************

         These rules are intended to implement section 1366.4(3), section 136B.4(3),
         section 1368.4(5), and section 136B.15 of the Code of Iowa,  1971.

         These rules shall become effective June 16, 1972.

                              ***************
                                              -45-

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FEDERALLY PROMULGATED
    REGULATIONS

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(15.0)    52.828  Enforcement
             1.   Sections 23(1}(b)  and 13(7)  of Senate  File  85,  Division  II  for
                 Iowa are disapproved insofar as they permit the Air Quality
                 Commission of the  Iowa Department  of Environmental Quality  to
                 issue abatement orders

                 a.   that defer compliance  with plan requirements beyond  the
                     dates required for attainment  of the  national standards.

                 b.   without the approval of the Administrator,  and

                 c.   for reasons not permitted by the Clean  Air  Act.

             2.   Regulation limiting administrative abatement orders:

                 a.   No order deferring compliance  with  a  requirement of  the
                     Iowa Implementation Plan shall be  issued by the Air
                     Quality Commission of  the Iowa Department of Environmental
                     Quality which  does not meet the following requirements:

                     1.  An order must require compliance  with the plan require-
                         ment within the times and  under the conditions speci-
                         fied in subsections  51.15(b)(D and (2) of this
                         chapter.

                     2.  An order may not defer compliance beyond the last date
                         permitted  by section 110 of the Act for attainment  of
                         the national  standard which the plan implements  unless
                         the procedures and conditions  set forth in section
                         110(f) of  the Act  are met.

                     3.  An order shall not be effective until it has been sub-
                         mitted to  and approved by  the  Administrator in accor-
                         dance with subsections 51.6, 51.8,  51.15(b) and  (c),
                         and, if applicable,  51.32(a)-(e)  of this chapter.

                 b.   Notwithstanding the limitations of paragraph (2)(a)(l)  of
                     this section,  an order may be  granted which provides for
                     compliance beyond the  statutory attainment  date for  a
                     national standard where compliance is not possible because
                     of breakdowns  or malfunctions  of equipment, acts of  God,
                     or other unavoidable occurrences.   However, such order
                     may not defer  compliance for more  than  three (3) months
                     unless the procedures  and conditions  set forth in section
                     110(f) of the  Act are  met.
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(10.0)  52.830       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 snail be disregarded in determining
                              whether a construction or modification program is contin-
                              uous.
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     (vi)     The  phrase  "to  commence modification" means  to engage  in
             a  continuous  program of on-site modification, including
             site clearance, grading,  dredging,  or land filling  in
             preparation for specific  modification of  the indirect
             source.

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

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

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

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

     (1)     In an SMSA:

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

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

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

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

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

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

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

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

     (iv)     Where an  indirect  source is constructed or modified in
             increments  which individually are not subject to review
             under this  paragraph, and  which are not part of a program
             of construction or modification in planned incremental
             phases approved by the Administrator, all such  increments
             commenced after December 31, 1974, or after the latest
             approval  hereunder, whichever date is most recent, shall
             be added  together  for determining the applicability of
             tiiis 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.
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        (d)  A  site  plan  showing the  location of associated
            parking areas,  points of motor  vehicle  ingress and
            egress  to and from the site and its associated
            parking areas,  and the location and height of
            buildings on the  site.

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

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

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

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

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

        (b)   A description of the commercial,  industrial,  resi-
             dential and other development that the applicant
             expects will occur within  three miles of the  perim-
             eter of the airport with.in 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.
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     (iii)    For  highway  projects:

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

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

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

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

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

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

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

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

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

     (ii)     The  Administrator shall make  the  determination pursuant
             to paragraph (b)  (4)  (i)  (b)  of this section by evaluat-
             ing  the anticipated concentration  of carbon monoxide at
             reasonable  receptor or exposure sites which will be af-
             fected  by the mobile source  activity expected  to be at-
             tracted by  the  indirect  source.   Such determination may
             be made by  using  traffic flow characteristic guidelines
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             published  by  the  Environmental  Protection  Agency  which
             relate  traffic  demand  and  capacity  considerations to  am-
             bient carbon  monoxide  impact,  by  use  of appropriate at-
             mospheric  diffusion  models (examples  of which  are refer-
             enced in Appendix 0  to Part 51  of this  chapter),  and/or
             by any  other  reliable  analytic method.   The applicant
             may (but need not) submit  with his  application, the re-
             sults of an appropriate diffusion model  and/or any other
             reliable analytic method,  along with  the technical data
             and information supporting such results.  Any  such results
             and supporting  data  submitted  by  the  applicant shall  be
             considered by the Administrator in  making his  determina-
             tion pursuant to  paragraph (b) (4)  (i)  (b) of  this sec-
             tion.

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

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

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

             (a)  Cause a violation of the control strategy of any ap-
                  plicable state implementation  plan;  or

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

     (ii)    The determination pursuant to paragraph (b) (6)   (i)   (b)
             of this section shall be made by  evaluating the anticipa-
             ted concentration of carbon monoxide at reasonable  re-
             ceptor or exposure sites which will be affected by the
             mobile source activity expected on the highway for the ten
             year period following the expected date of completion ac-
             cording to the procedures specified in paragraph  (b)  (4)
             (ii) of this section.

     (iii)   For new highway projects subject to this  paragraph with
             an anticipated average daily traffic volume of 50,000 or
             more vehicles within ten years of construction, or mod-
             ifications to highway projects subject  to this paragraph
             which will increase average daily traffic volume by  25,000
                             -52-

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

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

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

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

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

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

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

     (iii)   A copy of the notice required pursuant to this subpara-
             graph shall be sent to the  applicant and to officials
             and agencies having cognizance  over the location where
             the indirect source will be  situated,  as follows:   State
             and local air pollution  control agencies, the chief exec-
             utive of the city and county;  any comprehensive  regional
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            land  use  planning agency;  and for highways, any local
            board or  committee charged with responsibility for activ-
            ities in  the conduct of the urban transportation planning
            process (3-C process) pursuant to 23 U.S.C. 134.

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

     (v)     The Administrator shall take final action on an applica-
            tion  within 30 days after the close of the public comment
            period.   The Administrator shall notify  the applicant in
            writing of  his approval, conditional approval, or denial
            of the application, and shall set forth  his reasons for
            conditional approval or denial.  Such notification shall
            be made available for public inspection  in at least one
            location  in the region in which the indirect source would
            be located.

     (vi)    The Administrator may extend each of the time periods
            specified in paragraphs  (b)  (8) (11),  (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  (111) 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)  (1),  (b)  (5)  (i), or (b)
             (6)  (i) and (111) of this  section.  Such conditions may
             include,  but not  be  limited  to:

             (a)   Binding commitments  to  roadway  improvements or ad-
                  ditional  mass transit facilities  to serve  the  in-
                  direct source secured by  the  owner  or  operator from
                  governmental  agencies  having  jurisdiction  thereof;

             (b)   Binding commitments  by the owner  or operator  to
                  specific  programs  for mass  transit  incentives  for
                  employees and  patrons of  the  source;   and
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              (c)   Binding  commitments  by  the  owner  or  operator  to  con-
                   struct,  modify,  or operate  the  indirect  source in
                   such  a manner as may be necessary to achieve  the
                   traffic  flow characteristics  published by  the Envi-
                   ronmental  Protection Agency pursuant to  paragraph
                   (b)  (4)  (11) of  this section.

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

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

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

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

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

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

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

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

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

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

      (37 FR 10846, May 31, 1972 as amended at 40 FR 28065, July 3,
       1975;  40 FR 40160, Sept. 2, 1975)
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(17.0)  52.833      Prevention  of Significant Deterioration

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

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

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

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

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

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

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

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

           (c)  Area designation and deterioration increment

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

             	Area Designations	

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

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

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

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

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

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

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

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

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

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

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

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

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

        (a)   Any redesignation proposed pursuant to subdivisions
             (ii) and (iii) of this subparagraph shall be approv-
             ed unless the Administrator determines (1)  that the
             requirements  of subdivisions (ii) and (iii) of this
             subparagraph  have not been complied with, (2)  that
             the State has arbitrarily and capriciously disre-
             garded relevant considerations set forth in sub-
             paragraph (3) (ii) (d) of this paragraph, or (3)
             that the State has not requested and received dele-
             gation of responsibility for carrying out the new
             source review requirements of paragraphs (d) and (e)
             of this section.

        (b)   Any redesignation proposed pursuant to subdivision
             (iv) of this  subparagraph shall  be approved unless
             he determines (1)  that the requirements of subdivi-
             sion (iv) of this subparagraph have not been complied
             with,  or (2)   that the Federal Land Manager has arbi-
             trarily and capriciously disregarded relevant con-
             siderations set forth in subparagraph (3) (ii) (d) of
             this paragraph.

        (c)   Any redesignation submitted pursuant to subdivision
             (v) of this subparagraph shall be approved unless he
             determines (1)  that the requirements of subdivision
             (v) of this subparagraph have not been complied with,
             or (2)  that the Indian Governing Body has arbitrar-
             ily and capriciously disregarded relevant consider-
             ations set forth in subparagraph (3) (ii)  (d) of this
             paragraph.
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                  (d)   Any  redesignation  proposed  pursuant  to  this  para-
                       graph  shall  be  approved  only  after the  Administrator
                       has  solicited written  comments  from  affected Federal
                       agencies  and Indian  Governing Bodies and  from the
                       public on the proposal.

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

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

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

(d)  Review of new sources

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

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

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

(3)  In making the determinations required by paragraph  (d)  (2) of this
     section,  the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site information,  plans, description, specifications, and drawings
     showing the design of  the source;  information necessary to de-
     termine the impact that the construction or modification will have
     on sulfur dioxide  and  particulate natter air quality levels;  and
     any other information  necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the owner  or operator of the source shall provide informa-
     tion on the nature and extent of general commercial, residential,
     industrial, and other  growth which has occurred  in  the area af-
     fected by the source's emissions  (such area to be specified by  the
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         Administrator) since January 1, 1975.

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

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

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

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

(e)   Procedures  for public participation

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

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

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

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

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

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

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

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

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

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

(f)   Delegation of authority

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

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

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

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

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

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