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.
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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
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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.
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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.
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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.
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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.
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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
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I I0
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• .7
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o
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ricunr i .
COMBUSTION FOR INDIRECT HEAT EXCHANGERS
APPROXIMATE STCAM Gt NIRA1 ION, 1HOUSANOS Of POUNUS PCn HOUR
s 10 so too 400 i.noo
4.0OU lO.I
10
.»
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t
i
4
>*«.•»• !•!»••• !••••?•••••• •* I 7"
t^*fc Ma>«ta !•• I •»•!••• I«B*««M^ ^B*M4« (Mt^
J.J,,::_::T:.T
> »•>»»! —rf M.. I,
^. »«»»!
uanwuM COOUNOIIVCL MSI COMCf Ml MlIOM
' 100 •*«••«•••»/«• ••«•• i- 15 •*• "~~
< |7 mit'f^mmt / (» •> l» 24 •»»
e»su
2. •% •' •«••' •"»•< M «Kk » tmiklc •>«•!.
3 JlMk ktl«M it »Apo«< tl.ck I
4 Cofk ••'••• »-«»l» llxt.
• « 0*7-0.10
SOO
.2
» » SO 100 SOO 1.000 &.000 10.000
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.
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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
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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.
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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
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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.
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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.
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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,
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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.
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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.
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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.
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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.
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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-
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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.
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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.
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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
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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.
***************
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FEDERALLY PROMULGATED
REGULATIONS
-------
(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
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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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