U.S. DEPARTMENT OF COMMERCE

                                  National Technical Information Service



                                  PB-290 265
Air Pollution  Regulations in  State
                                      4


Implementation  Plans:  Kansas
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
fPA-450/3-78-066
August 1978
Air
     Pollution  Regulations
in  State  Implementation
Plans:
Kansas

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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing}
1. REPORT NO.
EPA-450/3-78-066
2.
3. Rt£IR^NT'S_ACCESSIO^NO. _.
PB J£cfol65^
4. TITLE AND SUBTITLE 6. REPORT DATE
Air Pollution Regulations in State Implementation i August 1978
Plans: Kansas
7. AUTHOR(S)

9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
6. PERFORMING ORGANIZATION CODE
B. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONTRACf /GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
£JS 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" Tn the Federal Register. Regulations which fall into one of the above
categories as of January 1 , T97B~, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group

19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (This page) 22. PRICE y^_ / /y p
Unclassified *-/ (X b /r)$-l
EPA Form 2220-1 (9-73)

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                                  EPA-450/3-78-066
    Air Pollution Regulations
in  State Implementation  Plans
                    Kansas
                        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-450/3-78-066
                                  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 Regl
the above categories as of January 1, 1978, have been incorporated.  As
indicated in the Federal Register.   Regulations which fall  into one of
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 enforceabi1ity 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
                                    MI

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

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

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                            SUMMARY SHEET

                                 OF

                   ERA-APPROVED REGULATION CHANGES
                               KANSAS
Subnrittal Date

   4/17/73
   2/6/74
Approval Date

   11/8/73
   3/2/76
     or
   4/8/75
Description

Rules 28-19-6-^25, 20-24,
30-32, 40-47, 50-53, 55-
58

Rules 28-19-8, 9, 14, 22,
25, 47
                          FEDERAL REGULATIONS
Section Number

52.876

52.878

52.884
         Description

         Federal Compliance Schedules

         Review of New or Modified Indirect Sources

         Prevention of Significant Deterioration

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                        DOCUMENTATION  OF CURRENT ERA-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) • Participates
              (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  SULPJRIC RECOVERY OPERATIONS
       51.20  WOOD WASTE  BURNERS
       51.21  MISCELLANEOUS TOPICS
                                          VII

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                     TABLE  OF CONTENTS
Revised Standard
Subject Index
(2.0)
(2.0)
(1.0)
(13.0)
(6.0)
(2.0)
(7.0)
(9.0)
(2.0)
(10.0)
(2.0)
(50.1.1)
(50.1)
(2.0)
(50.2)
(50.4)
STATE
Section No.
- -
28-19-6
28-19-7
28-19-8
28-19-9
28-19-10
28-19-11
28-19-12
28-19-13
28-19-14
28-19-15
- -
28-19-20
28-19-21
28-19-22
28-19-23
REGULATIONS
Title
Air Pollution Emission Control
Regulations
Statement of Policy
Definitions
Reporting Required
Time Schedule For Compliance
Circumvention of Control
Regulations
Exceptions Due to Breakdowns
or Scheduled Maintenance
Measurement of Emissions
Interference with Enjoyment of
Life and Property
Review of New or Altered Sources
Severability
Processing Operation Emissions
Particulate Emission Limitations
Additional Emission Restrictions
Sulfur Compound Emissions
Hydrocarbon Emissions -
Page
Number
1
1
1
4
7
8
8
9
10
10
10
11
11
11
12
13
(50.5)
              Stationary Sources

28-19-24      Control of Carbon Monoxide
              Emissions
13
                               VIII

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Revised Standard
  Subject Index
Section No.
(51.5)
(2.0)
(2.0)
(2.0)(51.5)
(51.9)
(2.0)
(2.0)
(9.0)
(2.0)
(51.13)
(51.13)
(2.0)
(2.0)(51.13)
(50.1.2)
(50.1.2)
(50.1)
(2.0)
(8.0)
(2.0)
(8.0)
- -
28-19-30
28-19-31
28-19-32
- -
28-19-40
28-19-41
28-19-42
28-19-43
- -
28-19-45
28-19-46
28-19-47
- -
28-19-50
28-19-51
28-19-52
- -
28-19-55
28-19-56
                                 Page
            Title               Number
Indirect Heating Equipment        14
Emissions
General Provisions                14
Emission Limitations              15
Exemptions - Indirect Heating     16
Equipment
Incinerator Emissions             17
General Provisions                17
Restriction of Emissions          18
Performance Testing               19
Exceptions                        19
Open Burning                      20
Open Burning Prohibited           20
Responsibility Defined            20
Exemptions - Open Burning         20
Visible Emissions and Fugitive    22
Dust
Opacity Requirements              22
Ground Level Particulate          23
Limitations
Exceptions                        23
Air Pollution Emergencies         23
General Provisions                23
Episode Criteria                  24
                                     IX

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Revised Standard                                                    Page
  Subject Index     Section No.               Title                 Number

   (8.0)           28-19-57         Emission Reduction Re-          25
                                    quirements

   (8.0)           28-19-58         Emergency Episode Plans         29
                  FEDERALLY PROMULGATED REGULATIONS

Revised Standard                                                    Page
  Subject Index     Section No.               Title                 Number

    (6.0)             52.876        Compliance Schedules            33

   (10.0)             52.878        Review of New or Modified       34
                                    Indirect Sources

   (17.0)'             52.884        Prevention of Significant       44
                                    Deterioration

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(2.0)                 AIR POLLUTION  EMISSION  CONTROL  REGULATIONS


(2.0)   28-19-6  STATEMENT OF POLICY

        It is the intent of these regulations to establish emission reporting
        requirements, emission control  requirements,  and requirements for open
        burning believed necessary to protect human health and safety, prevent
        injury to plant and animal life and property, and consider and foster
        the comfort and convenience of the State's inhabitants.   The emission
        limitations established herein are intended to reflect those values
        which are considered to be attainable with technology available at the
        time of their adoption; where advances in technology will permit more
        stringent control, it is the intent of the Kansas State Board of Health
        that the Director shall encourage those persons responsible for new or
        altered emission sources to voluntarily provide the highest degree of
        control that he deems to be technically and economically feasible at the
        time that such controls are provided.  It is  also the intent of the
        Board of Health that where existing installations have been exempted from
        regulations limiting the amount of emissions  of specific contaminants,
        but are equipped with control devices effecting such emissions, such con-
        trol devices shall be continually operated so as to maintain the maximum
        practical degree of efficiency attainable with such equipment.  It is
        further intended in establishing these regulations that reasonable ef-
        fort will be made to encourage voluntary cooperation by persons or groups,
        affected by these requirements, and upon failure to obtain and/or main-
        tain such cooperation, such administrative and judicial  proceedings as
        are required to secure compliance with them is to be initiated.

(1.0)   28-19-7  DEFINITIONS

        All terms and abbreviations used in emission  and open burning control
        regulations shall have the meanings set forth herein:

        Alter shall mean any physical change in, or change in the method of op-
        eration of, any machine, equipment, device., or other article, or combi-
        nation thereof which constitutes a source of pollutant emissions subject
        to the provisions of these regulations, and which increases the amount
        of such emissions.

        Board shall mean the Kansas State Board of Health.

        Contaminant shall mean dust, fumes, smoke or other particulate, vapor,
        gas, odorous substance or any combination thereof, but not including un-
        combined water vapor or steam condensate.

        Control Device shall mean any equipment, device or other article designed
        and/or installed for the purpose of reducing  or preventing the discharge
        of contaminant emissions to the air.

        Department shall mean the Kansas State Department of Health.
                                            -1-

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Direct Heating Equipment shall mean any device where fuel is burned in
direct contact with, and for the purpose of heating, air which comes in
direct contact with the material being processed.

Director shall mean the Director of the Division of Environmental  Health
of the Kansas State Department of Health and Chief Engineer of the Kansas
State Board of Health, or his designated representative.

Emission Source shall mean any machine, equipment, device or other arti-
cle or operation that directly, or indirectly, releases contaminants into
the outdoor atmosphere.

Existing shall mean (1) any processing machine, equipment, device or
other article, or combination thereof, or indirect heating equipment, or
incinerator completed, under construction, or under purchase contract on
the effective date of any applicable regulation, (2) any open burning op-
eration that had been intentionally carried out incidental to activities
of the same person legally responsible for such burning on the effective
date of the applicable regulation, and on the same premises, either con-
tinually or intermittently over a period of at least one calendar year
prior to the effective date of the applicable regulation, and (3)  any
other processing operation or established use of a premise in existence
on the effective date of this regulation.

Indirect Heating Equipment shall mean any device where fuel is burned to
produce usable heat by transfer through a heat conducting materials bar-
rier 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.

Incinerator shall mean any device or structure used for the destruction,
or volume reduction, of garbage, rubbish, or other liquid or solid waste
materials by combustion pursuant to disposal or salvaging operations.

Modified Open Burning Operation shall mean an open burning operation in
which the contaminants emitted to the ambient air as a result of combus-
tion are reduced and/or controlled through positive regulation of fuel/
air ratios, air screens or other control techniques, but excluding com-
bustion devices used solely for the purpose of disposing of flammable
gases.

Official  Observer shall mean a designated representative of the Depart-
ment who has been certified by the Department as being trained, and qual-
ified on the basis of actual testing, to determine the degree of opacity
of visible plumes by direct visual observation.  The testing procedure
shall be required to be re-tested at least once every six months in order
to maintain their certification.

Opacity shall mean the degree to which an official observer's view of
transmitted light is obscured by passing through a contaminant emission
                                     -2-

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with zero percent opacity being equivalent to perfect transparency and
TOO percent opacity being perfectly opaque.

Open Burning Operation shall mean the burning of any materials wherein
contaminants resulting from such combustion are emitted directly into
the ambient air without passing through a stack or chimney from an en-
closed chamber.  For the purposes of this definition, a chamber shall be
considered enclosed when during the combustion process only such apper-
tures, ducts, stacks, flues or chimneys as are required to supply com-
bustion air to permit the escape of exhaust gases are open.

Particulate shall mean any dispersed matter, solid or liquid, except un-
combined water the individual aggregates of which are larger than single
small molecules (about .0002/ukin diameter), but smaller than 500 microns
in diameter.

Person shall mean any inidvidual, partnership, firm, association, muni-
cipality, public or private corporation, subdivision or agency of the
state, trust, estate or any other legal entity.

Potential Contaminant Emission Factor shall mean an average value of the
amount of contaminants that have been found to be associated with a spe-
cific type of processing or burning operation as compared to a given
quantity of material processed or some other meaningful parameter.  For
the purpose of these regulations such factors shall be those published
by the Federal air pollution control agency or otherwise recognized by
official air pollution control agencies.

Potential Contaminant Emission Rate shall mean the total weight at which
a contaminant is, or in the absence of control equipment, would be emit-
ted from an air contaminant source when such source is operating at its
maximum capacity.  For the purposes of these regulations, it may be de-
termined by:  (1) sampling in a flue or duct prior to the inlet of any
control device serving the flue or duct, (2) estimating such emissions
by performing a "material balance" calculation (difference between pro-
cessing input weight and output weight of materials), (3) using poten-
tial contaminant emission factors as published by the Department, or by
any other estimating technique mutually agreeable to the Department and
the person responsible for operation of the source.

Premise shall mean any parcel of land including any structures or equip-
ment thereon under one ownership.

Processing shall mean any operation related to the handling, storage,
treatment and/or conversion of input materials to produce a salable or
usable end product.

Smoke shall mean particulate emissions resulting from incomplete combus-
tion consisting primarily of carbon, ash and other material that form a
visible plume in the ambient atmosphere.-
                                    -3-

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        Vehicular Source shall  mean the propelling motor(s)  of every  self-propel -
        led device in,  upon or by which any person or property is  or  may  be
        transported or drawn.

        Wasters)  shall  mean all discarded solid and liquid materials  resulting
        from industrial, commercial and agricultural  operations and from  commun-
        ity activities  not intentionally disposed of by means  of water  carried
        systems into the waters of the State.

(13.0)   28-19-8  REPORTING REQUIRED

        A.   No person shall:

            (1)  Install or alter any processing machine, equipment,  device  or
                 other article, or combination thereof, capable of emitting  any
                 potential contaminant emissions equal  to or in excess  of the
                 levels specified in Section D of this  regulation.

            (2)  Install or alter any indirect heating  equipment with a rated or
                 operating input capacity equal to or in excess of that listed in
                 Section D of this regulation.

            (3)  Install or alter any waste incinerator with a rated  or operating
                 capacity in excess of that listed in Section  D of this regula-
                 tion,  or

            (4)  Initiate, expand or relocate any open  burning operations,

            without having first reported on such proposed activity to  the De-
            partment in the manner prescribed by Section C of this regulation,
            at least sixty (60) days prior to initiating the activity.

        B.   No person shall:

            (1)  Use any processing machine, equipment, device or  other article,
                 or combination thereof, capable of emitting any potential con-
                 taminant emission equal to, or in excess of those levels speci-
                 fied in Section D of this regulation.

            (2)  Use any indirect heating equipment with a rated or operating  in-
                 put capacity equal to, or in excess of that listed in  Section D
                 of this regulation.

            (3)  Use any incinerator with a rate or operating capacity  in excess
                 of that listed in Section D of this regulation, or

            (4)  Conduct any open burning operations,

            without having reported such use or operation  to the Department  in
            the manner prescribed in Section C of this regulation. Provided,
            however, that the use of such items'existing at  the time  of the  ef-
                                            -4-

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    fective date of this regulation or the conducting of existing open
    burning operations shall  not be considered in violation with this
    reporting requirement until  such time as the person responsible for
    such use or operation is  notified in writing by the Department that
    such use or operation is  to  be reported.  Upon receipt of such noti-
    fication, the person responsible for such use or operation shall
    submit the required report to the Department not later than sixty
    (60) days thereafter.

C.  Reports required in Sections A and B of this regulation shall be on
    forms furnished by the Department and shall include the following
    information:

    (1)  The location of the  existing, or proposed, facilities, altera-
         tions or operations.

    (2)  A description of the existing, or proposed, facilities, altera-
         tions or operations  including all processes employed; the nature
         and amounts of fuel  and other materials involved; the probable
         nature, rate of discharge, and time duration of contaminant
         emissions; and any such other information as is relevant to air
         pollution control and available or capable of being assembled
         in the normal course of operations.  Where an affidavit is pro-
         vided stating that submission of any portion of such informa-
         tion would lead to disclosure of a proprietary process or meth-
         od of manufacture or production, only such information as is
         directly related to  the determination of process weights in-
         volved and the amount,  chemical and physical nature, and point
         of discharge of contaminant emissions to the atmosphere shall
         be required to be submitted in written form.

    (3)  The name and mailing address of the person legally responsible
         for the reported activity.

D.  The levels and types of emissions from the following classes of con-
    taminant sources are deemed  to be of such a nature that they may
    individually or cumulatively tend significantly to become injurious
    to human health and welfare, animal and plant life, or property or
    that they are potentially capable of unreasonably interfering with
    the enjoyment of life and property of the inhabitants of this state,
    and shall therefore by reported as provided for in Sections A and B
    of this regulation:

    (1)  All processing machines, equipment,  devices or other articles
         or combinations thereof having a potential contaminant emission
         rate of:

         a.  One (1) or more  pounds of particulate during any hour of
             operation

         b.  Two (2) or more  pounds of S02  and/or SOg during any hour of
                                    -5-

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         operation

     c.   Fifty (50)  or more pounds of Oxides of Nitrogen (calculated
         as NO^) during any consecutive 24 hour period

     d.   Fifty (50)  or more pounds of Carbon Monoxide during any con-
         secutive 24 hour period

     e.   Fifty (50)  or more pounds of gaseous Hydrocarbons,  excluding
         Methane, during any consecutive 24 hour period

(2)  All  fuel  burning devices used in indirect heating equipment
     which:

     a.   Burn  coal and have a rated or input capacity of 350,000
         BTU's per hour or more

     b.   Burn  Grade 5 or heavier fuel oil  and have a rated or input
         capacity of 350,000 BTU's per hour or more

     c.   Burn  Grade 4 or lighter fuel oil, other than as a standby
         fuel  when natural gas is not available, and have a  rated
         or input capacity of 1,000,000 BTU's per hour or more

     d.   Burn  gaseous fuels, or Grade 4 and lighter fuel oils on a
         standby basis, and have a rated or input capacity of
         100,000,000 BTU's per hour or more.

(3)  All  incinerators used to dispose of refuse by burning or for
     the  processing of salvageable materials except that those in-
     cinerators installed on residential premises containing five
     (5)  or less dwelling units and carried out incidental to the
     normal habitation of such dwelling units are deemed to  be the
     control  responsibility of local jurisdictions and are exempt
     from the  provisions of Regulations 28-19-8 and 28-19-9.

(4)  All  open  burning operations except that those operations being
     conducted on residential premises containing five (5) or less
     dwelling  units  are deemed to be the control responsibility of
     local  jurisdictions and are exempt from the provisions  of Regu-
     lations  28-19-8 and 29-19-9.

(5)  Any  source, except vehicular sources, or operation responsible
     for  the  emission of particulate plumes of such opacity  so as to
     render them visible, provided that such emissions are reported
     to  the Department to be interfering with the enjoyment  of life
     and  property by two or more unrelated individuals.

(6)  Any  source or operation that emits any contaminant that may be
     adjudged  to be, or tend to be,.significantly injurious  to human
                                -6-

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                 health or welfare, animal  or plant life,  or property or capable
                 of unreasonably interfering with the enjoyment of life or pro-
                 perty because of its specific chemical  or physical  nature or
                 the quantity discharged.


(6.0)    28-19-9  TIME SCHEDULE FOR COMPLIANCE

        Except as otherwise noted in specific emission control  regulations, com-
        liance with these regulations shall be according to the following
        schedules:

        A.   All new installations or altered installations required to be re-
            ported under the provisions of Regulation 28-19-8 (A)  shall be in
            compliance with all applicable emission control regulations as of
            going into operation any time after the effective date of the appli-
            cable emission control regulation.  Provided,  however, such instal-
            lations may, at the request of the operator and under  conditions
            approved by the Department, be operated for such specified time per-
            iods as are required to make necessary adjustments  on  the equipment
            before compliance must be demonstrated.

        B.   All open burning operations initiated, expended or relocated after
            the effective date of the applicable burning control regulation shall
            be in compliance with the provisions of these regulations controlling
            such open burning.

        C.   All existing installations not in compliance with these regulations
            on the effective date shall comply with the regulations within one
            hundred and eighty (180) days after notification that  such instal-
            lation or operation is to be reported under the provisions of Regula-
            tion 28-19-8 (B).

        D.   All open burning operations considered' to be existing  on January 1,
            1971, and which have not previously been required to report under the
            provisions of Regulation 28-19-8, and which are not exempted under
            Regulation 28-19-47 shall be required to comply with Regulation 28-
            19-45 effective January 1, 1974.
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(2.0)    28-19-10  CIRCUMVENTION OF CONTROL REGULATIONS

        A.   No person shall  cause or permit the installation  or use  of any  ma-
            chine, equipment,  device or other article,  or alter any  process in
            any manner which,  without resulting in a reduction  of the  total
            amount of contaminants emitted, conceals or dilutes the  emissions of
            contaminants which would otherwise violate  provisions of these  con-
            trol regulations.

        B.   Exception to Section A of this regulation may be  granted by the De-
            partment, upon request, provided that such  action is intended to
            convert the physical and/or chemical  nature of the  contaminant  emis-
            sion and that failure to reduce total  contaminant emissions results
            solely from the introduction of contaminants which  are not deemed
            to be detrimental  to the public interest.

(7.0)    28-19-11  EXCEPTIONS DUE TO BREAKDOWNS OR SCHEDULED MAINTENANCE

        A.   Abnormal operating conditions resulting from malfunction breakdown,
            and or necessary repairs to control or processing equipment and ap-
            purtenances which  cause emissions in excess of the  limitations  spec-
            ified in the emission control regulations shall not be deemed viola-
            tions provided that:

            (1)  The person responsible for the operation of  the emission source
                 notifies the  Department of the occurrence and  nature  of such
                 malfunctions, breakdown, or repairs, in writing, within ten (10)
                 days of noted occurrence.

            (2)  The number of occurrences of such breakdowns is not deemed ex-
                 cessive by the Department and appropriate reasonable  action is
                 taken to initiate and complete any necessary repairs  and place
                 the equipment back in operation as quickly as  possible.

        B.   Emissions in excess of the limitations specified  in these  emission
            control regulations resulting from scheduled maintenance of control
            equipment and appurtenances will be permitted only  on the  basis of
            prior approval by  the Department and upon demonstration  that such
            maintenance cannot be accomplished by maximum reasonable effort, in-
            cluding off-shift  labor where required, during periods of  shutdown of
            any related equipment.

        C.   Excessive contaminant emissions from fuel burning equipment used for
            indirect heating purposes resulting from fuel or  load changes,  start
            up, soot blowing,  cleaning of fires, and rapping  of precipitators
            will not be deemed violations provided that they  do not  exceed  a per-
            iod or periods aggregating more than five (5) minutes during any
            consecutive one (1) hour period.  Provided, however, that  where the
            operator of such equipment can demonstrate  to the satisfaction  of the
            Department that any such specific operational procedures will re-
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            quire that the allowable time period for excessive emissions be ex-
            tended beyond five (5) minutes during any one hour, the Department
            may authorize, upon request of the operator, an adjusted time sched-
            ule for permitting such excessive emissions.  Such authorization
            shall require that visible emissions not exceed a shade or density
            darker than that designated as Ringelmann No. 3 on the Ringelmann
            Chart; and shall specify an appropriate time and daily frequency
            schedule for such excessive emissions.

(9.0)    28-19-12  MEASUREMENT OF EMISSIONS

        A.  The Department may require any person responsible for the operation
            of an emission source to make or have tests made to determine the
            rate of contaminant emissions from the source whenever it has reason
            to believe on the basis of estimates of potential contaminant emis-
            sion rates from the source and due consideration to probable effic-
            iency of any existing control device, or visible emission determina-
            tions made by an official observer, that existing emissions exceed
            the limitations specified in these control regulations.  Such tests
            may also be required pursuant to verifying that any newly installed
            control device meets performance specifications.  If such a test
            demonstrates that the applicable emission requirement is met, no
            more than one (1) such test shall be required during any twelve (12)
            consecutive calender month period.  Provided, however, that should
            the Department determine that the test did not represent normal
            operating conditions or emissions additional tests may be required.
            Such a requirement shall be considered as an order as provided for
            in K.S.A. 1970 Supp. 65-3011 and subject to all administrative and
            legal requirements specified therein.

            Required tests shall be conducted in accordance with procedures ap-
            proved by the Director as being in accordance with sound analytical
            and sampling procedures.  Such tests shall be conducted by reputable,
            qualified individuals, as approved by the Department, and a certi-
            fied written copy of the test results signed by the person conducting
            the test shall be provided to the Department.

        B.  The Department may conduct tests of emissions of contaminants from
            any source.  Upon written request from the Department, the person
            responsible for the source to be tested shall cooperate with the
            Department in providing all necessary test ports in stacks or ducts
            and such other safe and proper facilities, exclusive of instruments
            and sensing devices, as may be reasonably required to conduct the
            test with due regard being given to expenditures and possible dis-
            ruption of normal operation of the source.  A report concerning the
            findings of such tests shall be furnished to the person responsible
            for the source upon request.

        .C.  The Director may require the owner or operator of any emission
            source which is subject to the provisions of these regulations to
            install, use, and maintain such stationary monitoring equipment as
                                            -9-

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            is required to demonstrate continuing compliance  with  any applicable
            emission limitations,  and to maintain records  and make reports  re-
            garding such measured  emissions to the Department in a manner and on
            a schedule to be determined by the Director.

(2.0)   28-19-13  INTERFERENCE WITH ENJOYMENT OF LIFE AND  PROPERTY

        Compliance with the provisions of these emission control regulations  (in-
        cluding exemptions included therein) notwithstanding, should  it be  found
        after public hearing that  any specific emission source is, tends to be,
        will be, or will tend to be significantly injurious to human  health or
        welfare, animal or plant life, or property or is or will be unreasonably
        interfering with the enjoyment of life and property of any inhabitant of
        the state, or will interfere with the attainment or maintenance of  any
        National ambient air quality standard an appropriate  order may be issued
        to require such additional  prevention, abatement or control of the  emis-
        sion involved as is necessary to effect the purposes  of the enabling act.

(10.0)   28-19-14  REVIEW OF NEW OR ALTERED SOURCES

        A.  This regulation is applicable to any stationary source in the state
            of Kansas, the construction or alteration of which is  commenced after
            the effective date of  this regulation.

        B.  No owner or operator required to report under  Regulation  28-19-8
            shall  commence construction or alteration without first obtaining ap-
            proval from the Department.

        C.  No approval to construct or alter will be granted if it is deter-
            minted that the proposed source will prevent the  attainment or  main-
            tenance of any national ambient air quality standard,  or  violate  the
            provisions of any applicable emission control  regulation.

        D.  The Department shall respond within 60 days to any report submitted
           .pursuant to Regulation 28-19-8, in writing, of approval,  conditional
            approval, or denial.  The reason for denial shall be specified.

        E.  Approval to construct  or alter shall not relieve  any owner or opera-
            tor of the responsibility to comply with all local, state, and  Federal
            regulations.

(2.0)   28-19-15  SEVERABILITY

        If any clause, paragraph,  subsection or section of these regulations  shall
        be held invalid, it shall  be conclusively presumed that the Board would
        have enacted the remainder of these regulations not directly  related  to
        such clause, paragraph, subsection or section.

        (28-19-16 through 28-19-19 Reserved for future use)
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(50.1.1)                  PROCESSING OPERATION EMISSIONS

(50.1)   28-19-20  PARTICULATE EMISSION LIMITATIONS

        Subject to the provisions of Regulations  28-19-9  and  28-19-11:

        A.   No person shall  cause, suffer,  allow  or permit the  emission  of parti-
            culate from any  processing machine, equipment, device or other arti-
            cles,  or combination thereof, excluding indirect  heating equipment
            and incinerators, in excess of  the amounts  allowed  in Table  P-l
            during any one hour.

        B.   For the purposes of this regulation the following definitions  shall
            apply:

            (1)  Process Weight shall mean  the total  weight of  all  materials
                 introduced  into a source operation which may constitute,  or
                 form, a source of particulate emissions.  In the case of  direct
                 heating operations solid fuels used shall be included as  part
                 of the process weight, but liquid  and  gaseous  fuels and combus-
                 tion air shall not be included.

            (2)  Process Weight Rate shall  mean the total process weight intro-
                 duced into  the source operation  over a specific time period
                 divided by  that time period, in  hours.  For  a  cyclical  or batch
                 operation,  the time period shall be that required to complete
                 one operation or an integral number of cycles, and for  continu-
                 ous or long-run steady-state operations  it shall be the total
                 operating period or a typical portion  thereof.

            (3)  Source Operation shall mean the  last operation preceding  the
                 emission of particulate matter,  which  results  in the separation
                 of the particulate emissions from the  processed materials or
                 the conversion of the processed  materials into the particulate
                 emissions,  excluding those operations  which  are an integral
                 part of the functioning of a control device.

        Where the nature of  any process or  operation or design  of any equipment
        is  such as to permit more than one  interpretation of  these definitions,
        that interpretation  which results  in the  minimum allowable Emission Rate
        shall apply.

(2.0)   28-19-21  ADDITIONAL EMISSION RESTRICTIONS

        Certain particulate  emissions may,  because  of their chemical and/or phy-
        sical nature, require emissions rates lower than  those  provided  for in
        Regulation 28-19-20.  In such cases the Department shall notify  the
        person responsible for the emission, in writing,  of the reasons  for
        special concern regarding the existing or proposed contaminant  emission
        and specify an alternate emission  rate which is not to  be exceeded.  Such
                                            -11-

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        notification shall  be considered an  order is  provided  for  in  K.S.A.  1970
        Supp.  65-3011  and subject to  administrative and  legal  procedures  therein.

(50.2)   28-19-22  SULFUR COMPOUND EMISSIONS

        A.   No person  shall  cause or  permit  the  emission of sulfur oxides from
            any primary non-ferrous smelters to  exceed the  amounts allowed in
            Table P-2  during any one  hour.

                                       TABLE P-2

                      Non-Ferrous Smelter Allowable Emissions
                    Type of Smelter
               Zinc  Smelters

               Lead  Smelters
Sulfur Oxide Emissions
       (Ib/hr)
   0.564X0'85

   0.98X0'77
                       Where :   X =  total  sulfur fed  to  smelter  in  Ib/hr
        B.   No person  shall  cause or permit  the  emission  or  combustion  of  any
            process  gas  stream that  contains H?S in  concentrations  greater than  10
            grains per 100  cubic  feet of gas without removal  of the hydrogen sul-
            fide in  excess  of this concentration.  The  provisions of this  regula-
            tion shall  not  apply  to:

            (1)   The combustion of such  fuels for indirect heating  purposes

            (2)   The combustion of such  fuels where  the gaseous products of com-
                 bustion are used as raw materials for  other processes

            (3)   The incineration of such gases  having  a  gross  heating  value of
                 less  than  300 BTU per cubic feet at standard conditions and the
                 fuel  used  to incinerate such waste  gases does  not  contain sulfur
                 or  sulfur  compounds in  excess of the amount specified  by  this
                 regulation.

        C.   Installations and equipment  existing on  January  1,  1972 shall  be ex-
            empt from  the provisions of  this regulation.
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(50.4)   28-19-23  HYDROCARBON  EMISSIONS  -  STATIONARY  SOURCES

        A.   No person shall  place,  store,  or hold  in  any  stationary  tank,  reser-
            voir or other container of more than 40,000 gallons  capacity any  gaso-
            line or any petroleum distillate having a vapor pressure of 3.0 pounds
            per square inch, absolute, or  greater  under actual storage conditions
            unless such tank,  reservoir, or other  container is a pressure  tank
            capable of maintaining working pressures  sufficient  to prevent vapor
            or gas loss to the atmosphere  or is designed, and equipped with one
            of the following vapor loss  control devices:

            (1)  A floating roof, such as  a pontoon type, double-deck type roof
                 or internal floating cover, which will rest on  the  surface of the
                 liquid contents and be  equipped with a closure  seal  or seals to
                 close the space between the roof  edge and tank  wall. This con-
                 trol equipment shall not  be permitted if the gasoline or  petro-
                 leum distillate has a vapor pressure of  13.0 pounds per square
                 inch absolute or greater  under actual storage conditions. All
                 tank gauging  or sampling  devices  shall be gas-tight except when
                 tank gauging  or sampling  is taking place.

            (2)  A vapor recovery system,  consisting  of a vapor  gathering  system
                 capable of collecting the volatile organic compound vapors and
                 gases discharged and a  vapor disposal system capable of processing
                 such volatile organic vapors and  gases so as to prevent their
                 emission to the atmosphere and with  all  tank gauging and  sampling
                 devices gas-tight except  when gauging or sampling  is taking  place.

            (3)  Other equipment of means  of equal efficiency for purposes of air
                 pollution control  as may  be approved by  the Department.

        B.   No person shall  emit to the  atmosphere any ethylene  waste gas  stream
            of more than 50 pounds per day from any ethylene producing plant  or
            other ethylene emission source unless  the waste gas  is  properly burned
            at 1300°F for 0.3  seconds or greater  in a direct-flame  afterburner or
            equally effective  device as  approved  by the  Director.

        C.   No person shall  emit to the  atmosphere any hydrocarbon  gas stream, ex-
            cluding methane, of more than  50 pounds per day from a  vapor  blow down
            system unless these gases are  burned  by smokeless flares or an equally
            effective control  device as  approved  by the  Director.

        D.   Installations and  equipment  existing  on January  1,  1972  shall  be  ex-
            empt from the provisions of  this regulation.

(50.5)   28-19-24  CONTROL OF CARBON MONOXIDE EMISSIONS

        A.   No person shall  cause or permit the emission  of carbon  monoxide gases
            generated during the operation of a grey  iron cupola unless they  are
            burned at 1300°F for 0.3 seconds or greater  in a direct-flame  after-
                                              -13-

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            burner  or equivalent  device  as  approved  by  the  Director.

        B.   No  person shall  emit  carbon  monoxide waste  gas  stream  from any cata-
            lyst regeneration  of  a  petroleum  cracking system,  petroleum  fluid
            coker,  or other  petroleum process into the  atmosphere,  unless the
            waste gas stream is burned at 1300°F for 0.3  seconds or greater  in  a
            direct-flame afterburner or  equivalent device as approved by the
            Director.

        C.   Installations and  equipment  existing on  January 1,  1972 shall be ex-
            empt from the provisions of  this  regulation.
(51.5)                  INDIRECT HEATING EQUIPMENT EMISSIONS
(2.0)    28-19-30  GENERAL PROVISIONS

        A.   These regulations  apply to installations  in  which fuel  is  burned  for
            the primary purpose of producing steam, hot  water, or hot  air  or
            other indirect heating of liquids,  gases, or solids and,  in the course
            of doing so, the products of combustion do not come into  direct con-
            tact with process  materials.   Fuels include  those such as  coal, coke,
            lignite, coke breeze,  gas, fuel  oil, and  wood, but do not  include
            refuse.   When any products or by-products of a manufacturing process
            are burned for the same purpose  or  in conjunction with any fuel,  the
            same maximum emission  limitations shall apply.

        B.   The heat content of coal shall  be determined according to  ASTM method
            D-271-64 "Laboratory Sampling and Analysis of Coal and Coke" or ASTM
            method D2015-66 "Gross Calorific Value of Solid Fuel by the Adiabatic
            Bomb Calorimeter", their replacements of  other recognized  method  as
            approved by the Department.

            The heat content of oil shall be determined  according to  ASTM  method
            D-240-64 "Heat of Combustion of Liquid Hydrocarbons by Bomb Calori-
            meter",  or by its  replacement,  or other recognized method as approved
            by the Department.

        C.   For purposes of this regulation  the heat  input shall be the aggregate
            heat content of all fuels whose products  of  combustion pass through a
            stack or stacks.  The  heat input value used  shall be the  equipment
            manufacturer's or designer's guaranteed maximum input, whichever  is
            greater.  The total heat input of all fuel burning units  at a  plant
            or on a premise shall  be used for determining the maximum allowable
            amount of particulate  matter which  may be emitted.
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(2.0)    28-19-31   EMISSION LIMITATIONS

        Subject to the provisions of Regulations  28-19-9  and  28-19-11:

        A.   No person shall  cause or permit the emission  of particulate matter  in
            excess of that specified in  Table II-l  of this regulation


                                      TABLE H-l

                                Emission Limits for Indirect
                                    Heating Equipment
Total Input
106 BTU/hr
10 or less
50
100
500
700
Allowable*
lb/hr/106 BTU
0.60
0.41
0.35
0.24
0.22
Total Input
106 BTU/hr
1,000
2,000
5,000
7,5000
10,000
or more
Allowable*
lb/hr/106 BTU
0.21
0.17
0.14
0.13
0.12
            *The allowable emission rate for equipment having intermediate heat
            input between 10 (106)BTU may be determined by the formula:
                       A * 1.026
                           j.233

            Where:  A * the allowable emission rate in lb/hr/10  BTU

                    I » the total  heat input in 106 BTU/hr

        B.  No person shall cause  or permit visible contaminant emissions from any
            indirect heating equipment equal to or darker than the following:

            (1)  Existing Equipment:  40 percent opacity

            (2)  New Equipment:  20 percent opacity

        C.  No person responsible  for operation of any indirect heating equipment
            having a heat input of 250 million BTU/hr or greater shall  cause or
            permit the emission of more than 1.5 pounds of sulfur per million BTU
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            of heat input per hour.

        D.   No person responsible for operation of any gas  or oil-fired  indirect
            heating equipment having a heat input of 250 million  BTU/hr  or  greater
            shall  cause or permit the emission of more than 0.30  pounds  of  Nitrogen
            Oxides per million BTU of heat input per hour.

        E.   No person responsible for operation of any coal  fired indirect  heating
            equipment having a heat input of 250 million BTU/hr or greater  shall
            cause or permit the emission of more than 0.90  pounds of Nitrogen
            Oxides (calculated as N02) per million BTU of heat input per hour.

(2.0)    28-19-32  EXEMPTIONS - INDIRECT HEATING EQUIPMENT
(51.5)
        A.   The operator of equipment used for indirect heating in any plant may,
            at his option and upon approval of the Department, elect to  eliminate,
            for the purpose of determining compliance with  the provisions of Regu-
            lation 28-19-31 (A) any existing fuel burning units normally scheduled
            to burn fuels other than natural gas only when  natural gas is unavail-
            able provided that air pollution control equipment having a  collection
            efficiency of not less than 80% was installed on such units  prior  to
            July 1, 1970.  In such cases individual units shall be deemed to com-
            ply with the provisions of this regulation provided that it  is
            demonstrated that the average annual particulate emissions from the
            unit will not exceed the emission limits established  in TABLE II-l
            for the rated capacity of the unit over the total operating  period of
            that unit during any calendar year, and that average  emissions  from
            all fuel burning units on the premise do not exceed the limits  for
            the plant as provided in Regulations 28-19-30 (C) and 28-19-31  (A).

            Pursuant to considering such a proposal, the Department shall require
            each operator to submit, in advance, anticipated operating schedules
            for all units at the plant for each calendar year. Such schedules are
            to include anticipated fuel use and related emission  estimates  estab-
            lishing compliance with this section, and are to be submitted not
            later than December 1 of the preceding calendar year.  The Department
            shall  also require reports of actual operation  and fuel use  for all
            units for the calendar year to be submitted not later than January 31
            of the following calendar year.  Upon determinations  that the allow-
            able emissions under the provisions of this section have been exceeded
            by more than 10% during any two consecutive calendar  years,  the Depart-
            ment may elect to disallow this exemption.

        B.   The operator of equipment used for indirect heating in any plant may,
            at his option and upon approval of the Department, elect to  eliminate
            for the purpose of determining compliance with  the provisions of Regu-
            lation 28-19-31 (A) any existing coal burning unit normally  antici-
            pated to be operated less than 100 hours during any calendar year
            provided that such units shall emit no more than 1.2  Ibs. of particu-
            late per million BTU per hour of operation and  provided that it is
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            demonstrated  that  the  average  annual  emissions  from  all  fuel  burning
            units  on  the  premise do  not  exceed  the  limits for  the  plant as  pro-
            vided  for in  Regulations 28-19-30  (C) and  28-19-31  (A).

            Pursuant  to considering  such a proposal, the Department  shall require
            each operator to submit, in  advance,  anticipated operating schedules
            for all units at the plant for each calendar year.   Such schedules are
            to  include anticipated fuel  use and related emission estimates  estab-
            lishing compliance with  this section, and  are to be  submitted not
            later  than December 1  of the preceding  calendar year.  The Department
            shall  also require reports of  actual  operation  and fuel  use for all
            units  for the calendar year  to be  submitted not later  than January 31
            of  the following calendar year. Upon determinations that the allow-
            able emissions under the provisions of  this section  have been ex-
            ceeded by more than 10%  during any  two  consecutive years, the Depart-
            ment may  elect to  disallow this exemption.

        C.   Visible contaminant emissions  of an opacity exceeding  that allowed in
            Regulation 28-19-31 (B)  shall  not  be  considered a  violation of  that
            section provided that  the person responsible for operation of the
            indirect  heating equipment demonstrates to the  satisfaction of  the
            Department that such failure to comply  is  solely the result of  the
            presence  of  uncombined water in the plume.

        D.   Indirect  heating equipment which was  existing on January 1,  1972
            shall  be  exempt from the provisions of  Regulations 28-19-31  (C),
            28-19-31  (D)  and 28-19-31 (E)  except  that  the provisions of  28-19-31
            (C) shall apply to all existing equipment  for which the  annual  emis-
            sions  of  sulfur oxides are determined to be  increased  by a  factor of
            two (2) or more times  the amount of such emissions calculated to be
            discharged during  calendar year 1971  or the  first  12 months  of  opera-
            tion of any  unit placed  in operation  during  that year, provided that
            equipment which burns  fuels  other  than  natural  gas less  than  2000
            hours  during  any year  shall  be exempt from the  provisions of 28-19-31
            (C) during that year.


(51.9)                          INCINERATOR EMISSIONS

(2.0)   28-19-40  GENERAL PROVISIONS

        A.   These  regulations  shall  apply  to all  incinerators  and  modified  open
            burning  operations except those situated on  residential  premises con-
            taining  five (5)  or less dwelling  units and  used  exclusively for the
            disposal  of  waste  originating  from normal  habitation of said dwellings.

        B.   The burning  capacity  of  an  incinerator shall  be the manufacturer's  or
            designer's guaranteed  maximum  rate or such other  rate  as may be de-
            termined  by  the Department  in  accordance with  good engineering  prac-
            tice.   In case of  conflict,  the findings of the Department  shall
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            govern.

        C.   No  incinerator  shall  be  used  for  the  burning of wastes or  the conduct-
            ing of salvage  operations  unless  such incinerator  is a multiple cham-
            ber incinerator.   For the  purpose of  this  regulation a multiple cham-
            ber incinerator is defined as an  incinerator consisting of three or
            more refractory lined combustion  furnaces  in series, physically sepa-
            rated by refractory walls, interconnected  by gas passage ports or
            ducts and employing adequate  design parameters necessary for maximum
            combustion of the material to be  burned.

            Existing incinerators which are not multiple chamber incinerators may
            be  altered,  modified  or  rebuilt as may be  necessary to meet this re-
            quirement.  The Department may approve any other alteration or modifi-
            cation to an existing incinerator if  such  is found to be equally ef-
            fective for the purpose  of air pollution control as a modification or
            alteration which would result in  a multiple chamber incinerator.

            All new incinerators  shall be multiple chamber incinerators, provided
            that the Department shall  approve any other kind of incinerator if it
            can be shown in advance  of construction or installation that such
            other kind of .incinerator  is  equally  effective for purposes of air
            pollution control as  an  approved  multiple  chamber  incinerator.

        D.   Instructions for proper  operation of  each  incinerator, including
            charging procedures,  necessary air intake  and damper adjustments, use
            of  auxiliary burners, etc. shall  be conspicuously  posted,  and main-
            tained, at the  incinerator location.   In addition, all new incinera-
            tors, or incinerators remodeled to conform with these regulations
            shall have a plate designating the rated capacity  of the incinerator
            and any auxiliary burners, permanently affixed to  the incinerator.


(2.0)    28-19-41  RESTRICTION OF  EMISSIONS

        Subject to the provisions of Regulations  28-19-9 and 28-19-11:

        A.   No  person may cause or permit the emission of particulate  matter from
            any chimney stack or  vent  of  any  incinerator in excess of  the follow-
            ing:

            (1)  Incinerators with a waste burning capacity of less  than  200
                 pounds per hour: 0.3 grains of  particulate matter  per standard
                 dry cubic  foot of exhaust gas, corrected to twelve  percent  (12%)
                 carbon dioxide.

            (2)  Incinerators with a waste burning capacity of 200  to  20,000
                 pounds of  waste  per hour:  0.2 grains of particulate  matter per
                 standard dry cubic  foot  of  exhaust gas, corrected  to  twelve
                 percent (12%) carbon  dioxide.
                                             -18-

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            (3)   Incinerators with a waste burning  capacity in  excess  of  20,000
                 pounds of waste per hour:  0.1  grains  of particulate  matter  per
                 standard dry cubic foot of exhaust gas,  corrected  to  twelve  per-
                 cent (12%) carbon dioxide.

        B.   No person may cause or permit the emission  of visible contaminants
            from any incinerator of an opacity equal  to or greater  than 20  percent
            opacity.


(9.0)    28-19-42  PERFORMANCE TESTING

        A.   Waste burned in conjunction with the performance tests  specified  in
            this regulation shall  be a representative sample of the refuse  normal-
            ly generated by the operation which the incinerator is  intended to
            serve.

        B.   In calculating the amount of particulate matter in  stack gas, the
            loading shall be adjusted to twelve percent (12%) carbon dioxide  in
            the stack gas.  The exhaust gases produced  in the burning of  the
            liquid or gaseous fuel in the incinerator shall be  excluded from  the
            calculation to twelve percent (12%) carbon  dioxide.  Emissions  shall
            be measured when the incinerator is operating at the burning  capacity
            as defined in Regulation 28-19^40 (B) of this regulation.

        C.   A performance test to determine compliance  with the Ringelmann  re-
            quirements specified in Regulation 28-19041 (B) of  these regulations
            shall be performed by the Department on each new incinerator, and each
            existing incinerator modified or rebuilt to conform with this regula-
            tion.

        D.   The performance test specified in Section B of this regulation  may be
            required on any incinerator.  The initial performance test shall  be
            performed at the expense of the vendor or operator  by an independent
            testing organization or by any other qualified person subject to  the
            approval of the Department.  The performance test may be observed by
            the Department of its designated representative.


 (2.0)   28-19-43  EXCEPTIONS

        A.   Visible contaminant emissions of an opacity exceeding that allowed in
            Regulation 28-19-41 (B) of this regulation shall not be considered a
            violation of that section provided that the person  responsible  for
            operation of the incinerator demonstrates to the satisfaction of the
            Department that such failure to comply is solely the result of  the
            presence of uncombined water in the plume.
                                              -19-

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(51.13)                             OPEN BURNING


(51.13)  28-19-45  OPEN BURNING PROHIBITED

        Subject to the provisions  of Regulation 28-19-9,  no person shall  cause or
        permit the following on any premise:

        A.   Open burning of any wastes.

        B.   Open burning of any item for the  purpose of salvaging operations.

        C.   On-site open burning of structures, vegetation, or other combustible
            materials.

(2.0)    28-19-46  RESPONSIBILITY DEFINED

        It shall be prima facie evidence that the person who owns or controls
        property on which open burning occurs has caused or permitted said open
        burning.

(2.0)
(51.13)  28-19-47  EXEMPTIONS - OPEN BURNING

        The requirements of Regulation 28-19-45 shall not apply where:

        A.   Such open burning is carried out  on a residential  premise containing
            five (5) or less dwelling units and is carried out incidental to the
            normal habitation of said dwelling units, the control of such burning
            being recognized as the responsibility of local governmental  units.

        B.   The building of open fires is for cooking or ceremonial  purposes,  on
            public, or private lands regularly used for recreational purposes.

        C.   Open burning operations are conducted upon approval by the Department
            when it is demonstrated that such open burning is necessary and in
            the public interest.  Such approval shall be given for a specific
            period of time and only under such special conditions as the Depart-
            ment may deem necessary to prevent contaminant emissions which are,
            or tend to be, injurious to human health, animal or plant life, or
            property, or capable of unreasonably interfering with the enjoyment
            of life or property.  Such approval shall be revocable upon thirty
            (30) days notice at the Department's option and shall only be given
            upon receipt of a request to conduct such open burning which con-
            tains the following information:

            (1)  The name, address and telephone number of the person responsible
                 for the open burning operation.

            (2)  The exact location and type  of open burning operation involved.
                                            -20-

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    (3)  The reason why the proposed operation is  in  the public  interest
         and no alternative method is feasible.

    (4)  A description of the open burning operation  including the  esti-
         mated amount and nature of material  to be burned each time;  the
         proposed frequency, duration and schedule of such burning; the
         size of the area to which the burning will be confined;  and  the
         method of igniting the material.

    (5)  A sketch indicating the location of  the open burning with  respect
         to all public roadways and dwellings within  1500 feet or less of
         the proposed operation, and the names and mailing addresses  of all
         heads of households occupying such dwellings.

    (6)  Evidence that such open burning has  been  approved by any official
         fire control authority having jurisdiction over the area.

In considering such requests the Department may consider, but need  not
restrict consideration to, the following activities as  being in  the public
interest:

    (1)  The use of safety flares for disposal of  flammable gases for
         which there is no other practical means of disposal.

    (2)  Fires set for demonstration purposes related to the training of
         government or industrial personnel in fire fighting procedures.

    (3)  Agricultural burning for the specific purpose of crop management.

D.  Fires set for the removal of dangerous or hazardous liquid materials
    where there is no other practical or lawful  method of disposal, pro-
    vided that such burning must be controlled so  as  to avoid any traffic
    or public hazard and provided that approval  is obtained from the
    Department.

E.  On-site open burning operations are carried out for the purpose of
    burning materials associated with land clearing operations,  crop  or
    game management practices, or construction projects carried  out on the
    premises, provided that:

    (1)  Such burning is not specifically prohibited  by the Department of
         Health, its official designated representatives, or other  authori-
         ties having local jurisdiction in the matter, where it  is  demon-
         strated to be in the best interests  of public health and welfare.

    (2)  Such burning is not carried on on any one parcel of land for a
         time period aggregating more than five days  during any  calendar
         year.

    (3)  Such burning is carried out in accordance with the following guide-
         1i nes:
                                     -21-

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                 a.   Nature of Material  to be Burned:   The burning of heavy smoke
                     producing materials such as heavy oils,  tires, tarpaper,  etc.
                     is prohibited.   The material to be burned should be stockpiled
                     and dried to the extent possible before  it is burned.   It is
                     also required to be kept free of excess  dirt, or other extra-
                     neous matter that will inhibit good combustion.

                 b.   Meteorological  Conditions:   Burning operations shall not  be
                     initiated until at least one hour after  sunrise.   Addition of
                     material  to the fire shall  be limited to periods at least two
                     hours prior to sunset.  Burning shall not be carried out  dur-
                     ing inclement or foggy conditions or on  very cloudy days.
                     Cloudy days will be defined as overcast  days (more than 0.7
                     cloud cover)  with a ceiling of less than 2000 feet.

                 c.   Location:  The burning shall be carried  out at least 1000 feet
                     from any  occupied dwelling  or public roadway and at least one
                     mile from any airport.

                     Conditions of burning within 1000 feet of a roadway which
                     provide potential traffic safety hazards or any other safety
                     hazards must be avoided by  appropriate notifications of the
                     Highway Patrol, Sheriff's office or other appropriate author-
                     ities.

                 d.   Firebreaks:  The burning of vegetation in providing a firebreak
                     in pasture or other crop management may  be allowed where  neces-
                     sary during evening or early morning hours in order to take
                     advantage of calm wind conditions.

                 e.   Safety:  Burning shall be supervised until the fire is ex-
                     tinguished and must not be  in violation  of the requirements of
                     any local fire authority having jurisdiction in the area.


(50.1.2)                  VISIBLE EMISSIONS AND  FUGITIVE DUST


(50.1.2) 28-19-50  OPACITY REQUIREMENTS

         Subject to the provisions of Regulations 28-19-9 and 28-19-11, no person
         shall  cause or permit visible contaminant emissions  from the processing of
         any materials or other use of any premise which equal or exceed the fol-
         lowing opacities, except as otherwise specified in other emission control
         regulations:

         A.   Existing processing of materials or other use of premises:  40 percent
             opacity.

         B.   Processing of materials or other use .of premises not existing on  the
             effective date of this  regulation:   20 percent opacity.
                                              -22-

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(50.1)   28-19-51   GROUND LEVEL PARTICULATE LIMITATIONS

         The provisions of other emission control  regulations  notwithstanding,  no
         person shall  cause or permit the handling, transport  or storage of any
         materials or any other use of a premise in a manner which has  been demon-
         strated to allow sufficient quantities of particulate matter to become
         airborne to cause a ground level particulate concentration at  the property
         line equal to or exceeding 2.0 milligrams per cubic meter above background
         concentrations for any time period aggregating more than 10 minutes during
         any hour.

         Compliance with this section shall be determined by the Department by
         means of collecting air samples from one  or more locations both upwind
         and downwind from the source of emissions at any point on, or  beyond,  the
         premise property line.  Such sampling may be carried  out by means of a
         portable electrostatic precipitator, or any other sampling procedure estab-
         lished by the Department communsurate with good engineering practice.

(2.0)     28-19-52  EXCEPTIONS

         Visible contaminant emissions of an opacity exceeding that allowed in
         Regulation 28-19-50 shall not be considered in violation of that regulation
         provided that the person responsible for  the processing of materials or
         other use of the premises demonstrates to the satisfaction of  the Depart-
         ment that such failure to comply is solely the result of the presence  of
         uncombined water in the plume.


(8.0)                           AIR POLLUTION EMERGENCIES


(2.0)     28-10-55  GENERAL PROVISIONS

         A.  These episode regulations are designed to prevent 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 public health.  Any other provisions of the air pollution con-
             trol regulations notwithstanding, they shall apply to all  emission
             sources and premises located in any geographic area for which air pol-
             lution emergency status has been established by the Director in accord-
             ance with Regulation 28-19-56.

         B.  For the purposes of this regulation the following definition will
             apply:

             Soiling Index shall be presumed to mean the concentration of particu-
             lates as measured by the automatic paper-tape sampler method, "ASTM
             Standard Method of Test for Particulate Matter in the Atmosphere,
             Optical Density of Filtered Deposit, D-1704-61" expressed as coeffici-
             ent of Haze (COM) per 1000  linear feet.
                                              -23-

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(8.0)     28-19-56  EPISODE CRITERIA

         A.   Conditions  justifying the proclamation  of an  air  pollution  alert, air
             pollution warning,  or air pollution  energency shall  be  deemed  to exist
             whenever the Director determines  that the accumulation  of air  contami-
             nants  at any sampling location  is attaining,  or has  attained,  levels
             which  could, if such levels  are sustained or  exceeded,  lead to a threat
             to the health of the public.  In  making this  determination, the Direc-
             tor will be guided  by the following  criteria:

             (1) Air Pol1ution  Forecast:  The issuance of a Weather Bureau High
                 Pollution Potential  Advisory, or equivalent  indication by local
                 Weather Bureau Meteorologist that  a stagnant atmospheric  condition
                 will exist for the next 36 hours.

             (2) Air Pollution  Alert: The  average  SO? level  for the previous 24
                 consecutive hours equals 0.3 ppm (800>og/m3) or the average 2 hour
                 soiling index  for the previous  24  consecutive hours equals 3 COH/
                  1000 linear feet, £r the suspended particulate  level for  the
                  previous 24 consecutive hours equals 375^g/m3, c>r the product of
                 the average soiling index  and the  S02 concentration (ppm) for the
                  previous 24 consecutive hours equals 0.20, or the  product of the
                 average suspended particulate and  S02 concentration (*g/m3) for
                  the previous 24 consecutive  hours  equals 65,000, or the average
                 CO level for the previous  8  consecutive  hours equals 15 ppm, or
                  the average Ox level for the preceding 1 hour equals 0.1  ppm, or
                  the average N02 concentration for the preceding 1  hour equals 0.6
                  ppm, gr the average N0£ concentration for the preceding 24 consecu-
                  tive hours equals 0.15  ppm,  and the local meteorologist predicts
                  no major changes in existing adverse meteorological conditions for
                  al least an additional  twelve (12) hours.

             (3) Air Pollution  Warning:   The  average .SOg  level for  the  previous 24
                  consecutive hours equals 0.60 ppm, (1600/wg/m3)  or  the  average 2
                  hours  soiling index for the  previous 24  consecutive hours equals
                  5 COH/1000 linear feet, £r the  suspended particulate  level for the
                  previous 24 consecutive hours equals 624/
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            (4)   Air Pollution Emergency:   The average S02  level  for  the  previous
                 24 consecutive hours  equals  0.8 ppm (2100  g/m3), £r  the  average
                 2 hours  soiling index for the previous 24  consecutive  hours
                 equals  7 COH/1000 linear  feet, jor the suspended  particulate  level
                 for the  previous 24 consecutive hours equals  .875  g/m3,  or the
                 product  of the average soiling index and the  S02 concentration
                 (ppm) for the previous 24 consecutive hours equals 1.2,  or_ the
                 product  of the average suspended particulate  and the $62 concen-
                 tration  ( g/m3) for the previous 24 consecutive  hours  equals
                 393,000, or the average CO level for the previous  8  consecutive
                 hours equals 40 ppm,  or the  average Ox level  for the preceding 1
                 hour equals 0.6 ppm,  or the  average N02 concentration  for the
                 preceding 1 hour equals 1.6  ppm, cir the average  N02  concentration
                 for the  preceding 24 consecutive hours equals 0.4  ppm, and the
                 local meteorologist predicts no major changes in existing adverse
                 meteorological conditions for at least an  additional twelve  (12)
                 hours.

        B.   The  provisions of 28-19-55 (A) notwithstanding, the Director  may  de-
            clare any status prescribed therein on the basis of deterioration  of
            air  quality  to the criteria levels alone and without  the  issuance  of
            a High Air Pollution Potential Advisory or equivalent advisory from a
            local Weather Bureau Meteorologist; if deemed necessary to  protect
            the  public health.

        C.   Once declared, any status  established on the basis of this  regulation
            shall remain  in effect until the  criteria for that level  are  no longer
            met.  At such time the next lower status will be assumed.

(8.0)    28-19-57  EMISSION REDUCTION REQUIREMENTS

        A.   Upon the declaration of any Air Pollution Episode  Status  by the Direc-
            tor  the provisions of Sections B, C and D of this  regulation  shall be
            considered as an emergency order  of the Board issued  in accordance with
            K.S.A. 65-3012 and subject to  the provisions therein.

        B.   During any time designated as  an  Air Pollution  Alert  period no person
            shall operate any contaminant  emission sources  except in  compliance
            with the requirements of Table E-l.

        C.   During any time designated as  an  Air Pollution  Warning  period no  person
            shall operate any contaminant  emission sources  except in  compliance
            with the requirements of Tables E-l and E-2.

        D.   During any time designated as  an  Air Pollution  Emergency  period no
            person shall  operate any contaminant emission source  except in compli-
            ance with the requirements of  Tables E-l, E-2,  and E-3.
                                             -25-

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                                     Table P-l

                                Process Weight  Table

                          Maximum Allowable Emission Rate
{Process Weioht Rate • Rate of Emission : Process Weight Rate
Ib/hr




1
1
2
2
3
3
4
5
i 6
7
8
9
10
!l2
100
200
400
600
300
,000
,500
.000
.500
.000
.500
,000
,000
.000
,000
,000
.000
,000
.000
tons/hr
0.
0.
0.
0.
0.
0.
0.
1.
1.
1.
1.
2.
2.
3.
3.
4.
4.
5.
05
10
20
30
40
50
75
00
25 \
50
75
00 i
50 '
00
50
00
50
00
6.00
Ib/hr
0.
0.
1.
1.
2.
2.
3.
4.
4.
5.
5.
6.
7.
8.
9.
10.
n.
12.
13.
551
377
40
83
22
53
38
10
76
38
96
52
58
56
49
4
2
0
6
, Ib/hr '
16
I 18
20
'• 30
1
; 40
50
: 60
' 70
; so
90
' 100
120
• 140
; 160
[ 200
1,000
2,000
6,000

.000
,000'
.000
,000 I
,000,
.000!
I
.000,
.000 I
,000
.000 |
.000!
!
.000
,000
,000
,000
.000
.000
.000

tons/hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500
1,000
3,000

Rate of
Emission
Ib/hr
16.
17.
19.
25.
30.
35.
40.
41.
42.
43.
44.
46.
47.
49.
51.
69.
77.
92.

5
9
2
2
5
4
0
3
5
6
6
3
8
0
2
0
6
7

Interpolation of the data In Table P-l  for other process weights  shall  be  accom-
plished by use of the following equations:

         Process weights -^30 Ton/hr - E « (4.1)  (P0!^7)
         Process weights r. -30 Ton/hr - E * (55) (PO-11)  -  40

Where:  E » rate of emissions in Ib/hr
        P * process weight in Ton/hr
                                      -26-

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                                     TABLE E-l

                                 Source Restrictions

                              Air Pollution Alert Status
         Source Category
            Action Required
1.  All private, public and
    commercial premises
a.  There shall be no open burning except as
    required for Immediate disposal of Inflam-
    mable or otherwise hazardous gases or
    liquids.

b.  The use of Incinerators for the disposal of
    any waste material shall be limited to the
    hours between 12:00 noon and 4:00 P.M.

c.  Boiler lancing or soot blowing of fuel
    burning equipment requiring such operations
    shall be limited to the hours between 12:00
    noon and 4:00 P.M.	•	
2.  Coal or oil-fired electric
    power generators facilities
a.  Units shall be operated on natural gas when
    possible.

b.  Units shall be operated on the lowest sul-
    fur and ash fuels available.

c.  Substantial utilization shall be made of
    power generated outside of the area in-
    cluded in episode status declaration.
3.  Other coal and oil-fired
    process steam generating
    facilities
a.  Units shall be operated on natural gas when
    possible.

b.  Units shall be operated on lowest sulfur
    and ash fuels available.

c.  Steam loads shall be reduced to extent pos-
    sible consistent with continuing plant
    ooerati ons.	
4.  Manufacturing, industries
    required to submit episode
    plans in accordance with
    Regulation 28-19-58
    Air contaminants emissions from processing
    operations shall be substantially reduced
    by curtailing or postponing production and
    allied operations to the extent possible
    without causing economic hardships.	
                                         -27-

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        TABLE E-2
    Source Restrictions
Air Pollution Warning Status
Source Category
1.
2.
3.
4.
5.
All private, public and
commercial premises
Coal or oil fired power
generating facilities
Other coal and oil-fired
process steam generating
facilities
Manufacturing industries
required to submit episode
plans in accordance with
Regulation 29-19-58
Transportation
Action Required
The use of incinerators for the
disposal of any waste materials
shall be prohibited
Maximum utilization shall be made
of power generated by facilities
outside of the area included in the
episode status declarations.
Preparation shall be made to imme-
diately take action required under
Emergency Status.
Air contaminant emissions from pro-
cessing operations shall be reduced
to the maximum degree possible by
curtailing and postponing produc-
tion and altered operations to the
extent feasible with, if necessary,
the assumption of reasonable eco-
nomic hardships.
The use of private and commercial
motor vehicles should be limited by
deferring unnecessary travel and
utilizing car pools or mass trans-
portation facilities where possible.
            -28-

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(8.0)    28-19-58  EMERGENCY EPISODE PLANS

        A.   Any person responsible for the operation  of a  source  of air contami-
            nation adjudged to be of major concern with respect to possible  imple-
            mentation of air pollution emergency episode control  procedures  either
            because of the nature or the quantity of  its emissions shall,  at the
            request of the Department, prepare an emergency episode plan to  be
            implemented in the event that any episode status is declared by  the
            Director.  Such plans shall provide for the reduction of emissions  of
            those contaminants for which episode criteria  have been established
            and, consistent with good industrial practice  and safe operating pro-
            cedures, reflect adherence to the requirements established in  Tables
            E-l, E-2, and E-3 of Regulation 28-19-57.

        B.   All plans requested under the provisions  of 28-19-58  (A) shall be
            submitted to the Department in written form, within 60 days of receipt
            of such a request; and shall be subject to review and approval by the
            Department.  Such plans shall indicate the sources of contamination to
            be controlled or eliminated; the manner in which such action will be
            accomplished; and the approximate amount  of specific  contaminant emis-
            sions that will be eliminated.

        C.   The Department after reviewing any plan submitted in  accordance  with
            this regulation shall approve or disapprove it on the basis of its
            consistency with the intent of Regulation 28-19-57.  If such a plan is
            disapproved the Department shall state its reasons for disapproval  and
            specify those changes needed to provide an approvable plan.  Such
            action shall be in writing and considered to be issued under the pro-
            visions of K.S.A. 65-3011 and subject to  the provisions therein.

        D.   Those plans which are approved under Section C of this Regulation shall
            be maintained on the premises to which they apply and shall be imple-
            mented during those periods for which an  episode status has been es-
            tablished.  Implementation of such a plan shall be considered as an
            emergency order of the Engineer of the Board to immediately reduce or
            discontinue the emission of contaminants  in accordance with K.S.A.
            65-3012, and subject to the provisions contained therein.
                                             -29-

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                                     TABLE E-3

                                 Source Restrictions

                            Air Pollution Emergency Status
          Source Category
        Action Required
1.   All private, public, and
    commercial premises
The following places of employment
shall immediately cease operations

(1)  Mining and quarrying operations

(2)  Construction projects except as
     required to avoid emergent phy-
     cal harm

(3)  All manufacturing operations ex-
     cept those operating under an
     approved episode plan

(4)  Wholesale trade establishment

(5)  Governmental units, except as
     required to implement the pro-
     visions of these regulations and
     other operations essential to
     immediate protection of the pub-
     lic welfare and safety

(6)  Educational institutions

(7)  Retail trade and service estab-
     lishments except pharmacies,
     food stores and other similar
     operations providing for emer-
     gency needs

(8)  Other commercial service opera-
     tions such as those engaged in
     banking, insurance, real estate,
     advertising, etc.

(9)  Amusement and recreational faci-
     lities
2.   Electric power generating facilities   Same as Table E-2
                                         -30-

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                              TABLE E-3

                         Source Restrictions

             Air Pollution Emergency Status (Continued)
        Source Category
    Action Required
3.  Process steam generating
    facilities
Facilities shall be shut
down to the maximum extent
possible consistent with
preventing extensive
equipment damage
4.  Manufacturing industries
    required to submit episode
    plan in accordance with
    Regulation 28-19-58
Air contaminant emissions
from processing operations
shall be reduced 'to the
maximum degree possible by
ceasing or drastically
curtailing all production
and allied operations to
the extent feasible with
due regard to any
immediate likelihood of
resultant personal injury
or substantial equipment
damage
5.  Transportation
The use of motor vehicles
shall be restricted to
meeting private and
public emergency needs
                                    -31-

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FEDERALLY PROMULGATED
    REGULATIONS
           -32-

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(6.0)  52.876   COMPLIANCE SCHEDULES

      B.   Federal  compliance schedule.

          (1)   Except as provided in subparagrapb (2) of this  paragraph,  the
               owner or operator of any stationary source subject to any  emission
               regulation which is part of the approved  plan shall  be in  compli-
               ance on or before January 31,  1974.

               (i) Any owner or operator in compliance with any such applicable
                   regulation on the effective date of this paragraph shall
                   certify such compliance to the Administrator no later  than
                   December 31, 1972.

              (ii) Any owner or operator who achieves compliance with any such
                   applicable regulation after the effective date of this para-
                   graph shall certify  such compliance to the  Administrator
                   within 5 days of the date compliance  is achieved.

          (2)   An owner or operator of  a stationary source subject to any
               emission regulation approved by the Administrator may no later
               than December 31, 1972,  submit to the Administrator for approval
               a proposed compliance schedule that demonstrates compliance with
               such regulation as expeditiously as practicable, but no later
               than July 31, 1975.  The compliance schedule shall provide for
               periodic increments of progress towards compliance.  The dates
               for achievement of such  increments shall  be specified.  Incre-
               ments of progress shall  include, but not  be limited to:
               Letting of necessary contracts for construction or process
               changes, if applicable;  initiation of construction; completion
               and startup of control  systems; performance tests; and
               submittal of performance test analysis and results.

          (3)   Any owner or operator who submits a compliance schedule pursuant
               to this paragraph shall, within 5 days after the deadline  for
               each increment of progress, certify to the Administrator whether
               or not the required increment of the approved compliance schedule
               has been met.

          (4)   Any compliance schedule  adopted by the State and approved  by  the
               Administrator shall satisfy the requirements of this paragraph
               for the affected source.
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(10.0)   52.878     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.

                      (11)    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 1n 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 1n preparation for
                              the  fabrication, erection, or installation of the build-
                              ing  components of the indirect source.  For the purpose
                              of this paragraph, interruptions resulting from acts of
                              God, strikes, litigation, or other matters beyond the
                              control of the owner shall be disregarded in determining
                              whether a construction or modification program is contin-
                              uous.
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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:

     (i)     In an SMSA:

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

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

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

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

     (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
             this paragraph.

(3)  No owner or  operator  of an indirect source subject to  this para-
     graph  shall  commence  construction  or modification of such source
     after December 31,  1974, without first obtaining approval from
     the Administrator.  Application  for approval  to construct or mod-
     ify shall be by means prescribed by the Administrator, and shall
     include a copy of any draft  or final environmental impact state-
     ment which has been prepared pursuant  to  the  National  Environmen-
     tal Policy Act (42  U.S.C.  4321).  If not  included in such environ-
     mental impact statement, the Administrator may  request the follow-
     ing information:

     (i)     For  all indirect sources subject  to this paragraph, other
             than highway  projects:

             (a)   The name and  address  of the  applicant.

             (b)   A map  showing the location of the  site of indirect
                  source and the  topography of the area.

             (c)   A description of  the  proposed use  of the  site, in-
                  cluding  the normal  hours  of  operation of  the facil-
                  ity, and the  general  types of activities  to be op-
                  erated therein.
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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
            require*1  "• this subparagraph  (3) shall be submitted
            for each  ^/nase of the construction project.

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

        (b)   A description of the commercial,  industrial,  resi-
             dential and other development that the applicant
             expects will occur within three miles  of the  perim-
             eter of the airport within the first five and the
             first ten years after the date of expected comple-
             tion.

        (c)   Expected passenger loadings at the airport.

        (d)   The information required under subdivisions (i)  (a)
             through (i) of-this subparagraph.
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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-
                  tion.

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

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

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

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

     (iv)     For  indirect sources other than airports  and those high-
             way  projects subject to the provisions  of paragraph (b)
             (6)  (111) of this section, the air quality  monitoring  re-
             quirements of paragraph  (b)  (3) (1) (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)   (1)     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)   (1)      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 arid 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)  (1i),  (iv), or  (v) of
             this  section by no more than 30 days, or such other peri-
             od as agreed to by the applicant and the Administrator.

(9)   (i)      Whenever an indirect source  as proposed  by an owner or
             operator's  application would not be permitted to be con-
             structed  for failure to meet the tests set forth pursuant
             to paragraphs  (b)  (4)  (i),  (b)  (5)  (i),  or  (b)  (6)  (i)
             and  (iii) of this section, the Administrator may impose
             reasonable  conditions on an  approval related to the air
             quality  aspects of the proposed  indirect source so that
             such  source,  if constructed  or modified  in accordance
             with  such conditions, could meet the tests set  forth
             pursuant to paragraphs  (b)  (4)  (1),  (b)  (5)  (i), or  (b)
             (6)  (i)  and (iii) of this section.  Such conditions may
             include,  but not  be limited  to:

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

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

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

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

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

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

(13)  Approval to construct or modify shall not relieve any owner or
      operator of the responsibility to comply with the control strategy
      and all local, State and Federal  regulations which are  part of the
      applicable State  implementation plan.
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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)  52.884     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 1n Subparts B through ODD of this part.  Where
                     this paragraph 1s so incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located 1n 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/n»3)
             Particulate 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.

     (111)   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) (1) of this section.

(3)  (1)     All areas are designated Class II as of the effective
             date of this paragraph.  Redesignation may be proposed by
             the respective States, Federal Land Manager, or Indian
             Governing Bodies, as provided below, subject to approval
             by the Administrator.

     (11)    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.

(111)    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  (11) of this
        subparagraph provided that:

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

        (b)   Such redesignation 1s  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)  (11)  and,

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

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

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

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

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

        (a)   Any redesignation  proposed pursuant to subdivisions
             (11) and (111) of  this subparagraph shall be approv-
             ed  unless the Administrator  determines (1)  that the
             requirements of subdivisions (11)  and (111) 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) (11) (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
                      publi c on the proposal.

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

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

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

(d)  Review of new sources

     (1)  The provisions of this  paragraph have  been  incorporated  by refer-
          ence into the  applicable implementation plans  for  various States,
          as provided in Subparts  B  through  ODD  of  this  part.  Where this
          paragraph is so incorporated,  the  requirements of  this  paragraph
          apply to any new  or modified stationary source of  the type  iden-
          tified below which  has  not commenced  construction  or modification
          prior to June  1,  1975  except as  specifically  provided below. A
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    source which is modified, but does not increase the amount of
    sulfur oxides or particulate matter emitted, or is modified to
    utilize an alternative fuel, or higher sulfur content fuel, shall
    not be subject to this paragraph.
    (i)     Fossil-Fuel Steam Electric Plants of more than 1000 mil-
            lion B.T.U. per hour heat input.
    (ii)    Coal Cleaning Plants.
    (iii)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vi)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (viii)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.
    (x)     Sulfuric Acid Plants.
    (xi)    Petroleum  Refineries.
    (xii)   Lime Plants.
    (xiii)  Phosphate  Rock Processing Plants.
    (x1v)   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.

     (11)    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 parti oilate 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.

     (111)   With  respect to modified sources, the requirements of sub-
            paragraph  (2)  (11) of'this paragraph shall be applicable
            only  to the facility or facilities from which emissions
            are  increased.

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

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

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

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

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

(e)   Procedures  for public participation

     (1)   (1)    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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