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.
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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
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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.-
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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-
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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
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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
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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
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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
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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-
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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.
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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.
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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.
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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/
-------
(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.
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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.
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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.
-33-
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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.
-34-
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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
-35-
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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.
-36-
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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.
-37-
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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
-38-
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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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