U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 269
Air Pollution Regulations in State
Implementation Plans: Maryland
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug 78
-------
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-070
August 1978
Air
Pollution Regulations
in State Implementation
Plans:
Maryland
-------
TECHNICAL REPORT DATA
(Please read Jmaruftiont on the revene before completing)
I
1. REPORT NO.
EPA-450/3-78-070 _
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Maryland
7 AUTHORISI
3. RECIPIENT'S ACCESSIOI»NO.
PB
6. REPORT DATE
August 1978 '
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
9, PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/G R A N TN O.
,68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AMD PERIOD COVERED
Control Programs Development Division
Office of Air Quality Planning and Standards
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
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
Federa1 RegJster and the Federally promulgated regulations for the State, as
i nd i cated in the' Federa 1 Reg i s ter. Regulations which fall into one of thie above
categories as of January 1, 1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air Quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b.IDENTIFIERS/OPEN ENDED TERMS
19. SECURITY CLASS (This Report)
Unclassified
20. SECURITY CLASS (Thispage)
Unclassified
c. COS AT I Field/Group
22. PRICE
MF
EPA Form 2220-1 (9-73)
-------
EPA-450/3-78-070
Air Pollution Regulations
in State Implementation Plans
Maryland
by
Walden Division of Abcor, Inc.
Wilmington, Massachusetts
Contract No. 68-02-2890
EPA Project Officer: Bob Schell
Prepared for
U.S. ENVIRONMENTAL PROTECTION AGENCY
Office of Air, Noise, and Radiation
Office of Air Quality Planning and Standards
Research Triangle Park, North Carolina 27711
August 1978
-------
This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-070
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean A1r 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 beep 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 enforceabiHty 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
-------
to the SIP and the date of the Federal Register in which the reyision
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
EPA-APPROVED REGULATION CHANGES
MARYLAND
Submittal Date
4/4/72
Approval Date
5/31/72
12/11/74
12/5/75
4/24/74
7/1/75
12/11/74
6/30/76
7/29/76
12/15/76
Description
Reg. 10.03.35-10.03.41
Note: Reg. 10.03.38
for the Metropolitan
Baltimore Intrastate
Region and Reg. 10.03.39
for the Maryland
Portion of the National
Capital Interstate
Region are disapproved
Regs. 10.03.36 thru
10.03.41 deleting
subsection .048 (3)
Note: Temporary approval
of deletion of
10.03.38 048 (3)
Reg. 10.03.38 04J and
10.03.39 .04J
Regs. 10.03.37,
10.03.40, and 10.03.41.
Sections .048 (1) and
.048 (2)
Regs. 10.03.36,
10.03.37, 10.03.39,
10.03.40 and 10.03.41
deleting subsection
.048 (3)
-------
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 QXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
50.1.1 PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
-------
50.2 SULFUR COMPOUNDS
50.3 NITRIC OXIDES
50.4 HYDROCARBONS
50.5 CARBON MONOXIDE
50.6 ODOROUS POLLUTANTS
50.7 OTHERS (Pb, Hg, etc.)
51.0 SOURCE CATEGORY SPECIFIC REGULATIONS
51.1 AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
Rice and Soybean Facilities, Related Topics)
51.2 COAL OPERATIONS (includes Cleaning, Preparation, Coal Refuse
Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
51.3 CONSTRUCTION (includes Cement Plants, Materials Handling, Topics
Related to Construction Industry)
51.4 FERROUS FOUNDRIES (includes Blast Furnaces, Related Topics)
51.5 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Particulates
(includes Fuel Content and Other Related Topics)
51.6 FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (includes
Fuel Content and Other Related Topics)
51.7 FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (includes
Fuel Content and Other Related Topics)
51.8 HOT MIX ASPHALT PLANTS
51.9 INCINERATION
51.10 NITRIC ACID PLANTS
51.11 NON-FERROUS SMELTERS (Zn, Cu, etc.) - Sulfur Dioxide
51.12 NUCLEAR ENERGY FACILITIES (includes Related Topic)
51.13 OPEN BURNING (includes Forest Management, Forest Fire, Fire
Fighting Practice, Agricultural Burning and Related Topics)
51.14 PAPER PULP; WOOD PULP AND KRAFT MILLS (includes Related Topics)
51.15 PETROLEUM REFINERIES
51.16 PETROLEUM STORAGE (includes Loading, Unloading, Handling and
Related Topics)
51.17 SECONDARY METAL OPERATIONS (includes Aluminum, Steel and Related
Topics)
51.18 SULFURIC ACID PLANTS
51.19 SULFURIC RECOVERY OPERATIONS
51.20 WOOD WASTE BURNERS
51.21 MISCELLANEOUS TOPICS
VII
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TABLE OF CONTENTS
Revised Standard
Subject Index
-
•
(1.0)
(2.0)
(8.0)
(3.0)
(3.0)
(9.0)
(7.0)
(6.0)
(12.0)
(13.0)
(3.0)
Garrett
Revised Standard
Subject Index
Section
Number
10.03.35
01
02
03
04
05
06
07
08
09
10
11
, Allegany
Section
Number
10.03.36
(51.13)
(50.1.2)
(50.1)
01
02
03
STATE REGULATIONS
Title
Regulations Governing the Control
of Air Pollution in the State of
Maryland
Definitions
Delineation of Areas
Air Pollution Episode System
Prior Registration of Proposed
Installations
Registration of Existing Install-
ations «
Testing and Monitoring
Malfunction of An Installation
Penalties and Plan for Compliance
Motor Vehicle Emissions
Records and Information
Permits
and Washington Counties Regulations
Title
Regulations Governing the Control
of Air Pollution in Area I
Control and Prohibition of Open
Fires
Control and Prohibition of
Visible Emissions
Control and Prohibition of
Page
1
1
5
5
13
14
15
16
16
16
16
17
30
30
32
Particulate Matter Emissions 34
viii
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Revised Standard Section
Subject Index Number Title Page
(50.1) 03A General Conditions 34
(51.5) 038 Control of Participate Matter From
Fuel Burning Plants and Install-
ations 34
(51.9) 03C Particulate Matter From Inciner-
ation Plants and Installations 35
(51.1) 03D Particulate Matter From
Agricultural Operations 36
(50.1.1) 03E Particulate Matter From Other
Plants and Installations 36
(51.3) 03F Particulate Matter From Materials
Handling and Construction and
Other Acts 37
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 38
(2.0) 04A . General 38
(51.6). 04B Sulfur Oxides From the Burning
of Fuel 38
(50.2) 04C Sulfur Compounds From Other than
Fuel Burning Installations 39
(2.0) 04D Exceptions 39
(9.0) 04E Request for Analysis 40
(50.6) 04F Control of Odors From the
Reduction of Offal and Vegetable
011 40
(51.7) 04G Nitrogen Oxides From New Fuel
Burning Equipment 41
(51.10) 04H Nitrogen Oxides From Nitric Acid
Plants 41
(4.0) 05 Ambient Air Quality Standards 41
(2.0) 06 Control and Prohibition of
Installations and Operations 48
(2.0) 07 Transition From Previous Regulations 49
IX
-------
Frederick County Regulations
Revised Standard Section
Subject Index Number Title Page
10.03.37 Regulations Governing the Control
of Air Pollution in Area II 51
(51.13) 01 Control and Prohibition of Open
Fires 51
(50.1.2) , 02 Control and Prohibition of
Visible Emissions 53
(50.1) 03 Control and Prohibition of
Particulate Matter Emissions 55
(50.1) 03A General Conditions 55
(51.5) 038 Control of Particulate Matter
From Fuel Burning Plants and
Installations 55
(51.9) 03C Particulate Matter From
Incineration Plants and Install-
ations 56
(51.1) 030 Particulate Matter From
Agricultural Operations 57
(50.1.1) 03E Particulate Matter From Other
Plants and Installations 57
(51.3) 03F Particulate Matter From Materials
Handling and Construction and
Other Acts 59
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 59
(2.0) 04A General 59
(51.6) 04B Sulfur Oxides From the Burning
of Fuel 60
(50.2) 04C Sulfur Compounds From Other
Than Fuel Burning Installations 60
(2.0) 04D Exceptions 60
-------
Revised Standard
Subject Index
(9.0)
(50.6)
(51.7)
(51.10)
(4.0)
(2.0)
(2.0)
Bal
Revised Standard
Subject Index
-
(51.13)
(50.1.2)
(50.1)
(50.1)
(51.5)
(51.9)
(51.1)
Section
Number
04E
04 F
04G
04H
05
06
07
timore City,
Harford and
Section
Number
10.03.38
01
02
03
03A
03B
03C
03D
Title
Request for Analysis
Control of Odors From the
Reduction of Offal and
Vegetable Oil
Nitrogen Oxides From New Fuel
Burning Equipment
Nitrogen Oxides From Nitric
Acid Plants
Ambient Air Quality Standards
Control and Prohibition of
Installations and Operations
Transition From Previous
Regulations
Anne Arundel , Baltimore, Carroll,
Howard Counties Regulations
Title
Regulations Governing the Control
of Air Pollution in Area III
Control and Prohibition of Open
Fires
Control and Prohibition of Visible
Emissions
Control and Prohibition of
Particulate Matter Emissions
General Conditions
Control of Particulate Matter From
Fuel Burning Installations
Particulate Matter From Incinerators
Particulate Matter From Grain
Page
61
61
62
62
63
69
71
Page
72
72
74
75
75
75
76
Drying Installations 76
XI
-------
Revised Standard Section
Subject Index Number Title Page
(50.1.1) 03E Participate Matter From Other
Installations 76
(51.3) 03F Participate Matter From Materials
Handling and Construction 77
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 78
(2.0) 04A General 78
(51.6) 048 Sulfur Oxides From the Burning
of Fuel 78
(50.2) 04C Sulfur Compounds From Other
Than Fuel Burning Installations 78
(2.0) 04D Exceptions 78
(9.0) 04E Request For Analysis 79
(50.6) 04F Control of Odors From the
Reduction of Offal and
Vegetable Oil 79
(51.7) 04G Nitrogen Oxides From Fuel
Burning Equipment 80
(51.10) 04H Nitrogen Oxides From Nitric
Acid Plants 81
(50.5) 041 Carbon Monoxide From Other
Than Fuel Burning Installations 81
(50.4) 04J Hydrocarbons From Other Than
Fuel Burning Installations 82
(4.0) 05 Ambient Air Quality Standards . 89
(2.0) 06 Control and Prohibition of
Installations and Operations 95
(2.0) 07 Transition From Previous Regula-
tions 97
XII
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Montgomery and Prince George's Counties Regulations
Revised Standard Section
Subject Index Number Title Page
10.03.39 Regulations Governing the Control
of Air Pollution in Area IV 104
(51.13) 01 Control and Prohibition of Open
Fires 104
(50.1.2) 02 Control and Prohibition of
Visible Emissions From Install-
ations 106
(50.1) 03 Control and Prohibition of
Particulate Matter Emissions 107
(50.1) ... 03A General Conditions 107
(51.5) 03B Control of Particulate Matter
From Fuel Burning Installations 107
(51.9) 03C Particulate Matter From
Incinerators 108
(51.1) 03D Particulate Matter From Grain
Drying Installations 108
(50.1.1) 03E Particulate Matter From Other
Installations 108
(51.3) 03F Particulate Matter From Materials
Handling and Construction and
Other Acts 109
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 109
(2.0) 04A General 109
(51.6) 04B Sulfur Oxides From the Burning
of Fuel 110
(50.2) 04C Sulfur Compounds From Other
Than Fuel Burning Installations 110
(2.0) 040 Exceptions 110
(9.0) 04E Request for Analysis 111
XIII
-------
Revised Standard
Subject Index
(50.6)
(51.7)
(51.10)
(50.5)
(50.4)
(4.0)
(2.0)
(2.0)
Cal
Revised Standard
Subject Index
-
(51.13)
(50.1.2)
(50.1)
(50.1)
(51.5)
Section
Number
04F
04G
04H
041
04J
05
06
07
vert, Charles and
Section
Number
10.03.40
01
02
03
03A
03B
Title
Control of Odors From the
Reduction of Offal and
Vegetable Oil
Nitrogen Oxides From Fuel
Burning Equipment
Nitrogen Oxides from Nitric
Acid Plants
Carbon Monoxide From Other
Than Fuel Burning Installations
Hydrocarbons From Other Than
Fuel Burning Installations
Ambient Air Quality Standards
Control and Prohibition of
Installations and Operations
Transition From Previous
Regulations
St. Mary's Counties Regulations
Title
Regulations Governing the Control
of Air Pollution in Area V
Control and Prohibition of Open
Fires
Control and Prohibition of
Visible Emissions
Control and Prohibition of
Particulate Matter Emissions
General Conditions
Control of Particulate Matter
Page
111
112
112
112
113
120
126
128
Page
136
136
138
139
139
From Fuel Burning Plants and
Installations 140
XIV
-------
Revised Standard Section
Subject Index NumbeF Title Page
(51.9) 03C Particulate Matter From
Incineration Plants and
Installations 141
(51.1) 030 Particulate Matter From
Agricultural Operations 142
(50.1.1) 03E Particulate Matter From Other
Plants and Installations 142
(51.3) 03F Particulate Matter From Materials
Handling and Construction and
Other Acts 143
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 144
(2.0) 04A General 144
(51.6) 048 Sulfur Oxides From the Burning
of Fuel . 144
(50.2) 04C Sulfur Compounds From Other
Than Fuel Burning Installations 145
(2.0) 04D Exceptions 145
(9.0) 04E Request for Analysis 145
(50.6) 04F Control of Odors From the
Reduction of Offal and
Vegetable Oil 146
(51.7) 04G Nitrogen Oxides From New Fuel
Burning Equipment 147
(51.10) 04H Nitrogen Oxides From Nitric
Acid Plants 147
(4.0) 05 Ambient Air Quality Standards 147
(2.0) 06 Control and Prohibition of
Installations and Operations 154
(2.0) 07 Transition From Previous
Regulations 155
XV
-------
Caroline, Cecil, Dorchester, Kent, Queen Anne's,
Somerset, Tajbot, Wicomico and Worcester Counties Regulations
Revised Standard Section
Subject Index Number , Title^ Page
10.03.41 ' - Regulations Governing the Control
of Air Pollution in Area VI 162
(51.13)' , , 01, Control and Prohibition of Open
Fires 162
(50.1.2) 02 Control and Prohibition of
Visible Emissions 164
(50.1) 03 Control and Prohibition of
Particulate Matter Emissions 166
(50.1) 03A General Conditions 166
(51.5) 03B Control of Particulate Matter
From Fuel Burning Plants and
Installations 166
(51.9) 03C Particulate Matter From
Incineration Plants and Install-
ations 167
(51.1) 030 Particulate Matter From
Agricultural Operations 168
(50.1.1) 03E Particulate Matter From Other
Plants and Installations 169
(51.3) 03F Particulate Matter From Materials
Handling and Construction and
Other Acts 170
04 Control and Prohibition of Gas,
Vapor and Odor Emissions 170
(2.0) 04A General 170
(51.6) 04B Su.lfur Oxides From the Burning
of Fuel 171
(50.2) 04C Sulfur Compounds From Other
Than Fuel Burning Installations 171
(2.0) 040 Exceptions 171
XVI
-------
Revised Standard
Section
Subject Index
(9.0)
(50.6)
(51.7)1
(51.10)
(4.0)
(2.0)
(2.0)
Revised Standard
Subject Index
(10.0)
(10.0)
(9.0)
(6.0)
(51.16)
Number
04 E
04 F
04G
04H
05
06
07
Federally
Section
Number
52.1076
52.1076
52.1077
52.1080
52.1086
Title
Request for Analysis
Control of Odors From the
Reduction of Offal and
Vegetable Oil
Nitrogen Oxides From New
Fuel Burning Equipment
Nitrogen Oxides From Nitric
Acid Plants
Ambient Air Quality Standards
Control and Prohibition of
Installations and Operations
Transition From Previous
Regulations
Promulgated Regulations
Title
Review of New Sources and
Modifications
Review of New or Modified
Indirect Sources
Source Surveillance
Compliance Schedules
Gasoline Transfer Vapor
Page
172
172 •
173
173
173
180
181
Page
189
190
200
201
(51.16
(51.21)
(12.0)
52.1087
52.1088
52.1089
Control
Control of Evaporative Losses
From the Filling of Vehicular
Tanks
Control of Dry Cleaning
Solvent Evaporation
Inspection and Maintenance
Program
205
207
209
210
XVII
-------
Revised Standard
Subject Index
(12.0)
(12.0)
(12.0)
Section
Number
52.1090
52.1091
52.1092
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(12.0)
(51.16)
(51.16)
(12.0)
(12.0)
(12.0)
52.1093
52.1094
52.1095
52.1096
52.1097
52.1098
52.1099
52.1100
52.1101
52.1102
52.1103
52.1104
52.1105
(12.0)
52.1106
Title Page
Bicycle Lanes and Bicycle
Storage Facilities 212
Medium-Duty Air/Fuel Control
Retrofit 215
Heavy-Duty Air/Fuel Control
Retrofit 217
Oxidizing Catalyst Retrofit 218
Vacuum Spark Advance Disconnect
Retrofit 220
Inspection and Maintenance
Program 222
Vacuum Spark Advance Disconnect
Retrofit 224
Oxidizing Catalyst Retrofit -
Baltimore 226
Light-Duty Air/Fuel Control
Retrofit 228
Medium-Duty Air/Fuel Control
Retrofit 230
Heavy-Duty Air/Fuel Control
Retrofit 231
Gasoline Transfer Vapor Control 233
Control of Evaporative Losses
From the Filling of Vehicular 236
Management of Parking Supply 239
Carpool Commuter Matching System 241
Employer's Provision For Mass
Transit Priority Incentives 243
Study and Establishment of
Bikeways in the Baltimore Area 245
XVIII
-------
Revised Standard Section
Subject Index Number Title . Page
(51.21) ... -52.1107 Control of Dry Cleaning Solvent
Evaporation 247
(12.0) 52.1108 Exclusive Bus Lanes For
Baltimore Suburbs and Outlying
Areas 248
(12.0) 52.1109 Regulation for Limitation of
Public Parking 250
(12.0) 52.1111 Management of Parking Supply 252
(14.0) 52.1113 General Requirements 256
(17.0) 52.1116 Prevention of Significant
Deterioration 257
XIX
-------
Maryland State Department of Health and Mental Hygiene
301 Uest Preston Street
Baltimore, Maryland 21201
(As Amended Through: March 13, 1972)
10.03.35 Regulations Governing the Control of Air Pollution in the State of
Maryland
Pursuant to the authority conferred upon the Secretary of Health and Mental
Hygiene by Article 43, Section 697 of the Annotated Code of Maryland, 1957
Edition, and Supplement, the following regulations governing the control of
air pollution in the State of Maryland or in various areas are hereby estab-
lished as requirements of the Department of Health and Mental Hygiene.
PREFACE
The Air Quality Control Act of the State of Maryland declares as policy the
maintenance of that degree of purity of the air resources of the State which
will protect the health and welfare and property of the people of the State.
It requires that the Department shall assume responsiblity for the jurisdic-
tion over emissions into the air, shall prepare regulations for control of air
pollution, including the establishment of standards for emissions and ambient
air quality, for adoption by the Secretary of Health and Mental Hygiene. En-
forcement of the standards is the responsiblity of the Department in all areas,
using the facilities and services of local agencies within the areas to the
maximum extent possible.
Air Pollution Control regulations consist of two (2) parts. These regulations,
10.03.35, are general and pertain to all areas of Maryland. Additional numbered
regulations in this series pertain specifically to areas specified therein.
(1.0) 01 DEFINITIONS
01A "Air Pollution" shall mean the presence in the outdoor atmosphere of
substances in quantities, having characteristics and being of a dura-
tion which, from any single source or in combination with other sources,
are, or may be predicted with reasonable certainty to be injurious to
human, plant or animal life or to property, or which unreasonably in-
terfere with the proper enjoyment of the property of others by reason
of the emission of odors, solids, vapors, liquids, or gases, through-
out the State and in such areas of the State as are affected thereby.
01B "Atmospheric Stagnation" shall mean a measure of the inability of the
atmosphere to adequately dilute and disperse pollutants emitted into
it, based on values of specific meteorological parameters of the mic-
roscale, mesoscale and microscale features. This definition would in-
clude a national, regional or Department forecasted air stagnation ad-
visory (ASA), describing an atmospheric stagnation which satisfies the
criteria established by the National Meteorological Center as set forth
in Environmental Science Service Administration Technical memorandum
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WBTM-IHMC 47 published by the Department of Commerce, May, 1970.
QIC "Board" shall mean the State Board of Health and Mental Hygfene.
01D "Chemical and Allied Products Industries" shall mean establishments
engaged in the manufacture of (1) basic chemicals such as acids,
alkalies, salts, industrial gases and organic chemicals, (2)
chemical products to be used in further manufacturing such as
synthetic fibers, plastics, dry colors and pigments, (3) finished
chemical products to be used for ultimate consumption such as drugs,
cosmetics,, soap, paints, fertilizers and explosives. Standard
Industrial Classification, Major Group 28.
01E "Coefficient of Haze" (COH or COHS) shall mean that quantity-of
particulate material which produces an optical density of 0.01 when
measured by light transmission at 400 millimicrons and when compared
to the transmission of dust-free filter paper taken as 100%. Smoke
concentration shall be expressed in terms of the number of COH units
per 1000 linear feet of air drawn through the filter.
OIF "Commissioner" shall mean the Commissioner of the Department.
_01G "Control Equipment" shall mean any device or contrivance which
prevents or reduces emissions.
_01H "Control Officer" shall mean a Deputy State Health Officer of the
Department, the Commissioner of Health of the City of Baltimore, or
any employee of the Department designated by the Commissioner.
_01I "Council" shall mean the Air Quality Control Advisory Council.
_01J "Department" shall mean the Department of Health and Mental Hygiene.
_01K "Distillate Fuel Oil" shall mean all other American Society for
Testing and Materials numbered fuel oils other than residual.
_01L "Emergency" shall mean a sudden, unexpected and unforeseen condition
of such public gravity and exigency as to require immediate action,
or a condition which is predicted with reasonable certainty to require
immediate action to carry out the purposes of this subtitle.
_01M "Emissions" shall mean any substance, other than water in an uncombined
form, discharged directly or indirectly into the atmosphere including
but not limited to odors, particulate matter, vapors, or gases or any
combination thereof.
_01N "Fluorides" shall mean any matter containing the element fluorine in
a combined form.
_010 "Fuel Burning Equipment" shall mean any furnace, boiler apparatus,
stack or appurtenances thereto used in the process of burning fuel or
other combustible material for the primary purpose of producing heat
or power by indirect transfer.
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_01P "Glass, Clay and Concrete Products Industries" shall mean establish-
ments engaged in manufacture of glass, glassware, textile fibers,
glass insulation, wool, structured clay products, concrete products,
gypsum and plastic products, lime abrasives and asbestos. Standard
Industrial Classification, Major Group 32.
_01Q "Hazardous Material" shall mean those substances (such as some types
of explosives) which are dangerous and should be destroyed by open
burning under controlled conditions when it has been established that
disposal by land filling or burning in an incinerator perpetuates or
increases the danger involved.
_01R "I.I.A. Standards" shall mean the standards published by the Incinerator
Institute of America in the document entitled "I.I.A. Incinerator
Standards" (1968).
_01S "Incinerator" shall mean any equipment, device or contrivance used for
the destruction of garbage, rubbish or other wastes by burning.
JD1T "Installation" shall mean any article, machine, equipment, or other
contrivance, including but not limited to emission control equipment,
processing equipment, manufacturing equipment, fuel burning equipment,
incinerators, or any equipment, or construction, capable of generating,
causing or reducing emissions.
_01U "Modified Installation" shall mean any installation which is altered,.
changed or added to in such a manner so that it may cause or result in
a significant change in the quantity or quality of emissions. In
questionable cases, the determination of significant change shall
be made by the Control Officer.
_01V "Multiple-Chamber Incinerator" shall mean any article, machine, equip-
ment, contrivance, structure or part of a structure consisting of
three or more refractory-lined combustion chambers in series, physically
separated by refractory walls and interconnected by gas passage ports
or ducts that is used to dispose of waste materials by burning.
_01W "Odor" shall mean that property of an emission which stimulates the
sense of smell.
_01X "Offal" shall mean the refuse from slaughtered or salvageable dead
animals, crustaceans, or any other animal form, such as but not
limited to heads, feet, viscera, hair, blood, feathers, bones,
scales or oils.
_01Y "Open Fire" shall mean a fire where any material is burned in the
open or in a receptacle other than a furnace, incinerator, or other
equipment connected to a stack or chimney.
_01Z "Orchard Heaters" shall mean any installation used or capable of
being used for the purpose of giving protection from frost.
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_01AA "Paper and Allied Products Industries" shall mean establishments
engaged in manufacturing wood pulp from wood or other materials and
the manufacture of paper, paperboard and building paper. Standard
Industrial Classification, Major Group 26.
_01AB "Particulate Matter" shall mean any material, except water in uncombined
form, that is or has been airborne, and exists as a liquid or a solid
at standard condition.
_01AC "Person" shall mean any individual, group of individuals, firm, partner-
ship, voluntary association, or private, public or municipal corporation,
or political subdivision of the State, responsible for the use of
property.
_01AD "Petroleum Refining and Related Industries" shall mean establishments
engaged in petroleum refining, the manufacture of paving and roofing
materials from petroleum products and compounding paving and building
materials and petroleum products. Standard Industrial Classification,
Major Group 29.
_01AE "Plan for Compliance" shall mean a schedule of actions submitted by
the violator and approved by the Secretary, upon recommendation of
the Department.
_01AF "Preparation" shall mean skinning, cutting, grinding, cooking, or
drying, or any other operation necessary for the preparation of offal
prior to the completion of sterilization.
_01AG "Primary Metals Industries" shall mean establishments engaged in the
smelting, refining, sintering and alloying of ferrous and non-ferrous
metals from ore, pig or scrap; and the manufacture of castings, forgings,
powdered metals and other basic products of ferrous and non-ferrous
metals, including the production of coke. Standard Industrial
Classification, Major Group 33.
_01AH "Process Weight" shall mean the total weight of all materials introduced
into any specific process which may cause emissions. Solid fuels
charged will be considered as part of the process weight, but liquid
and gaseous fuels and combustion air will not.
_01AI "Process Weight Per Hour" shall mean the rate established as follows:
For continuous or long-run steady-state operations, the total process
weight for the entire period of continous operation or for a typical
portion thereof, divided by the number of hours of such period or
portion thereof.
For cyclical or batch operations, the total process weight for a
period that covers a complete operation or an integral number of
cycles, divided by the hours of actual process operation during such
a period.
Where the nature of any process or operation or the design of any
equipment is such as to permit more than one interpretation of this
definition, the interpretation that results in the minimum value for
allowable emission shall apply.
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_01AJ "Public Collection of Refuse" shall mean the service provided by any
governmental agency or commercial enterprise for the pick-up on a
regularly scheduled basis of refuse fron-j groups of individual homes,
businesses, apartment buildings or other establishments.
_01AK "Reduction" shall mean any heated process, including rendering, cooking,
drying, dehydrating, acidulating, digesting, evaporating and protein
concentrating.
_01AL "Residual Fuel Oil" shall mean that fuel oil that meets the specifica-
tions of the American Society for Testing and Materials for Nos. 4, 5,
or 6 (Bunker "C") oils or crude oils when used as a fuel.
_01AM "Ringelmann Smoke Chart" shall mean the chart published and described
in the latest applicable U.S. Bureau of Mines Information Circular,
used in estimating the light obscuring power of smoke. Any other
method for grading smoke which is approved by the Department as the
equivalent of the Ringelmann Smoke Chart may be substituted therefore.
_01AN "Secretary" shall mean the Secretary of the Department of Health and
Mental Hygiene of the State of Maryland.
_01AO "Source" shall mean any property, real or personal, or person contrib-
uting to air pollution.
_01AP "Stack or Chimney" shall mean any flue, conduit or duct arranged to
conduct emissions.
_01AQ "Standard Conditions" shall mean at a temperature of 70° Fahrenheit
and a pressure of 29.92 inches of mercury.
_01AR "Violator" shall mean a person in violation of regulations or
standards established herein.
(2.0) 02 DELINEATION OF AREAS
Area I shall mean the Western Maryland Area of the State comprising
the Counties of Allegany, Garrett and Washington.
Area II shall mean the Central Maryland Area of the State comprised
of Frederick County.
Area III shall mean the Baltimore Metropolitan Area of the State com-
prising Baltimore City, and the Counties of Anne Arundel, Baltimore,
Carroll, Harford and Howard.
Area IV shall mean the Washington Metropolitan Area of the State com-
prising the Counties of Montgomery and Prince George's.
Area V shall mean the Southern Maryland Area of the State comprising
the Counties of Calvert, Charles and St. Mary's.
Area VI shall mean the Eastern Shore Area of the State comprising
the Counties of Caroline, Cecil, Dorchester, Kent, Queen Anne's,
Somerset, Talbot, flicomico and Worcester.
(8.0) 03 AIR POLLUTION EPISODE SYSTEM
03A General Requirements
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1. An Air Pollution Episode System is to establish standards and pro-
cedures to be followed whenever pollution of the air has the poten-
tial of reaching an emergency condition if allowed to go unchecked.
2. Whenever the Secretary or the Governor determines the accumulation
of air pollution may attain, is attaining or has attained a level
or levels considered injurious to human health, conditions of air
pollution designated as Forecast, Alert, Warning and Emergency
shall be declared. In making a determination, the Secretary or
the Governor shall be guided by the criteria defined in subsection
03H.
3. To assure compliance with this regulation, sources designated by
the Secretary shall submit standby emission reduction plans in ac-
cordance with subsection 03C. In accordance with such standby
emission reduction plans, standby orders as specified in subsection
030 shall be implemented as a designated level is reached.
4. Nothing contained in this regulation shall be construed as allowing,
permitting or maintaining an emission from any installation" in the
State of Maryland to be subject to a lesser degree of control as
may be required for existing or new regulations adopted by the
Secretary.
':•. During air pollution episodes, sources having an interstate" air
pollution potential shall be governed by the following:
a. Air pollution emissions within the jurisdiction of the State
of Maryland must be controlled to the extent that neighboring
state requirements shall not be compromised.
b. Provisions of this subsection shall apply to installations
within the State when a receptor state demonstrates, to the
satisfaction of the Secretary, that a source or sources within
the State of Maryland is substantially affecting established
emergency episode criteria in the receptor state.
_03B Air Pollution Episode Criteria
1. A condition justifying the proclamation of a Forecast, Alert
Warning or Emergency shall be deemed to exist whenever the
Secretary or the Governor determines that the accumulation of
the State may attain, 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 Secretary shall be guided by the specified conditions in sub-
sections 03B2, 03B3, and 0384.
2. Episode Criteria
a. Forecast Stage
An internal administrative watch shall be declared by the
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Department during the Forecast Stage whenever the Federal or
Department meteorologist issues a forecast indicating an
atmospheric stagnation will cover any substantial portion of
the State of Maryland for twelve hours or more. Such a
weather forecast will indicate meteorological conditions which
are expected to inhibit pollutant dispersion. The internal
watch shall be in effect for those areas covered by the wea-
ther forecast and it shall continue throughout the atmospheric
stagnation will take the form of:
(1) A high air stagnation advisory including any substantial
part of the State of Maryland issued by the Federal Gov-
ernment.
(2) A forecast by the Department meteorologist indicating
localized meteorological conditions which will inhibit
dispersion for an extended period of time.
Alert Stage
An Alert shall be declared by the Secretary of Health and Men-
tal Hygiene or his designee when any one or more of the follow-
ing pollutant levels is attained concurrent with:
(1) A judgement by the Department that the pollutant level is
representative of air quality in a significant portion of
the region. The Department shall consult the air pollu-
tion control agencies of the affected jurisdictions to
help evaluate local situations.
(2) Meteorological conditions are such that pollutant disper-
sion is expected to be inhibited for twelve or more hours.
Pollutant Level
(a) Sulfur Dioxide 0.3 ppm 24 hr. average
(b) Particulate Matter 3.0 COH's 24 hr. average
(c) Sulfur Dioxide & Combined product of 24 hr.
Particulate Matter SCLand COH's equal to 0.2
(d) Carbon Monoxide 15 ppm 8 hr. average.
(e) Photochemical Oxidant 0.1 ppm 1 hour average
(f) Nitrogen Dioxide 0.6 ppm 1 hour average or
0.15 ppm 24 hour average
Warning Stage
A Warning shall be declared by the Secretary of Health and
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Mental Hygiene or his designee when any one or more of the
following pollutant levels is attained concurrent with:
(1) A judgement by the Department that the pollutant level
is representative of air quality in a significant por-
tion of the region. The Department shall consult the
air pollution control agencies of the affected jurisdic-
tions to help evaluate local situations.
(2) Meteorological conditions are such that pollutant dis-
persion is expected to be inhibited for twelve or more
hours.
Pollutant Level
(a) Sulfur Dioxide 0.6 ppm 24 hr. average
(b) Particulate Matter 5.0 COH's 24 hour average
(c) Sulfur Dioxide & Combined product of 24 hr.
Particulate Matter S0? a"d COH's equal to 0.8
(d) Carbon Monoxide 30 ppm 8 hr. average
(e) Photochemical Oxidant 0.4 ppm 1 hr. average
(f) Nitrogen Oxide 1.2 ppm 1 hour average or
0.3 24 hour average
d. Emergency Stage
An Emergency shall be declared by the Governor of the State
of Maryland when any one or more of the following pollutant
levels is attained concurrent with:
(1) A judgement by the Department that the pollutant level
is representative of air quality in a significant por-
tion of the regions. The Department shall consult the
air pollution control agencies of the affected juris-
diction to help evaluate local situations.
(2) Meteorological conditions are such that this condition
can be expected to continue for twelve or more hours.
Pollutant Level
(a) Sulfur Dioxide 0.8 ppm 24 hr. average
(b) Particulate Matter 7.0 COH's 24 hr. average
(c) Sulfur Dioxide & Combined product of 24 hr.
Particulate Matter S00 and COH's equal to 1.2
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(d) Carbon Monoxide 40 ppm 8 hr. average
(e) Photochemical Oxidant 0.6 ppm 1 hr. avg.
(f) Nitrogen Dioxide 1.6 ppm 1 hr. avg. or
0.4 ppm 24 hr. avg.
e. Termination
Termination of all stages of the Air Pollution Episode System
shall be called by the Secretary of Health and Mental Hygiene
or his designee or the Governor of the State of Maryland
based on:
(1) Consultation with the Federal or Department meteor-
ologist which indicates that the atmospheric condi-
tions justify termination and
(2) Appropriate reduction in pollutant levels below the
Alert Stage criteria.
3. An episode condition has been reached if ambient air quality is
measured to be in excess of the designated levels at any moni-
toring site in the State of Maryland, except when elevated
pollution levels exist in an area that may be reduced by con-
trolling emissions from one or a few individual sources contri-
buting to the condition. Such a localized condition shall be
known as an incident, and, the involved individual sources
shall be subject to the same provisions as listed for the
abatement of episodes.
4. The Alert, Warning, and Emergency stages may be activated on
the basis of deteriorating air quality alone; i.e., an
atmospheric stagnation forecast need not be in effect. (Subject
to the conditions specified in subsections 03B2b; 03B2c;
and 03B2d.)
03C Standby Emissions Reduction Plans
1. Any person responsible for the operation of an installation
specifically identified in Table I or II or III of this section
shall, when requested by the Department in writing, prepare
standby emission reduction plans, consistent with good
industrial practice and safe operating procedures, for re-
ducing emissions creating air pollution during periods of
Alert, Warning and Emergency. Standby emission reduction plans
shall be designed to reduce or eliminate emissions in accord-
ance with the objectives set forth in Tables I, II, and III
as applicable.
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2. Any person responsible for the operation of a source of
emissions not specifically identified under subsection 03C1
shall, when requested by the Department in writing, prepare
standby emission reduction plans, consistent with good industrial
practice and safe operating procedures, for reducing emissions
creating air pollution during periods of Alert, Warning and
Emergency. Standby emission reduction plans shall be designed
to reduce or eliminate emissions in accordance with the objectives
set forth in Tables I, II and III as applicable.
3. Standby emission reduction plans as required in subsections 03C1
and 03C2 shall be in writing and show the source of emissions,
the approximate amount of reduction of emissions to be achieved,
the time necessary to achieve the reduction after being notified
to implement the plan, and a description of the manner in which
the reduction will be achieved during an Alert, Warning and
Emergency period in accordance with the objectives set forth
in Table I, II and III. Such plans shall be submitted in'the
form specified by the Department.
4. During a condition of Alert, Warning or Emergency, standby
emission reduction plans as required by this section shall be
made immediately available on the premises to any person au-
thorized to enforce regulations promulgated under terms of the
Air Quality Control Act.
5. Standby emission reduction plans as required by this section
shall be submitted to the Department upon request within 30 days
of the receipt of such request; such standby emission reduction
plans shall be subject to review and approval by the Secretary.
If, in the opinion of the Department, such standby emission re-
duction plans do not carry out the objectives set forth in
Tables I, II and III, the Department may disapprove of said
standby emission reduction plans, state its reason for disapproval.
and recommend specific amendments to the proposed standby emission
reduction plans. The revised plan shall be re-submitte'd within
a time period specified by the Department. Any person aggrieved
by an order requiring the preparation of a revised plan shall
be entitled to a hearing, upon written request filed within 10
days after the receipt of the order. Where such a hearing is
requested by the aggrieved it shall be held pursuant to Article
43, Section 698. If any person fails to submit a standby emission
reduction plan within the time period specified, or which in the
opinion of the Department does not carry out the objectives set
forth in Tables I, II and III, the Department shall promulgate
such standby emission reduction as will meet the objectives
stated in Tables I, II and III herein. Such plan shall there-
after be the standby emission reduction plan which the person
responsible shall put into effect upon the declaration by the •
Secretary or the Governor of an air pollution Alert, Warning or
Emergency.
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03D Control Requirements and Standby Orders
The following are standby orders which are hereby established according
to the specific action stages of the Air Pollution Episode System which
may be deemed appropriate for use by the Secretary or the Governor
upon the declaration that specified stage has been reached. When
announced by the Secretary or the Governor, through public communica-
tions media or otherwise that the specified stage of the Air Pollution
Episode System exists, the following respective actions shall be
taken when requested in the geographical areas included in the
episode announcement.
1. Forecast Stage
a. Specified open burning and all public insecticide and herbicide
spraying shall cease, if so requested by the cognizant local
governmental Control Officer in public announcements or
otherwise.
2. Alert Stage
a. No open burning or public pesticide or herbicide spraying shall
be carried on.
b. All on-site incineration of refuse shall be eliminated. Any
person responsible for a source of air pollution as set forth
in Table 1 in subsection 03C shall take all Alert Stage
actions as required for such source of air pollution; and shall
particularly put into effect the standby emission reduction plan
for an Alert Stage. Such persons shall prepare to put into
effect the standby emission reduction plan for an air pollution
Warning.
3. Warning Stage
a. No open burning or public pesticide or herbicide spraying shall
be carried on.
b. All incineration of refuse shall be eliminated.
c. Any person responsible for a source of air pollution as set forth
in Table II in subsection 03C shall take all Warning stage
actions as required for such source of air pollution; and shall
particularly put into effect the standby emission reduction
plan for a Warning stage. Such persons shall prepare to put
into effect the standby emission reduction plan for an' air
pollution Emergency.
4. Emergency Stage
a. The Governor shall announce that an air pollution Emergency has
been declared and specify appropriate action to be taken. Radio
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and television stations shall be requested to repeat the declara-
tion at least once per hour.
b. No open burning or public pesticide or herbicide spraying shall
be carried on.
c. All incineration of refuse shall be eliminated.
d. Any person responsible for the operation of a source of air
pollution as set forth in Table III in subsection 03C shall
take all emergency stage actions as specified for such source
of air pollution; and shall particularly put into effect the
standby emission reduction plans for an air pollution Emergency
stage.
e. All manufacturing establishments except those included in sub-
section 03D4d shall institute such action as will eliminate
or result in maximum reduction of emissions from their operations
by ceasing, curtailing, or postponing operations which cause
emissions, to the extent possible without causing injury to
persons or damage to equipment.
f. All places of business and employment and education described
below shall immediately cease operations, unless special per-
mission is obtained from a police officer or a governmental
public health agency.
(1) Mining and quarrying of non-metalic materials.
(2) All contract construction work except that which must
proceed to avoid physical harm, hazardous conditions or
excessive economic loss.
(3) Wholesale trade establishments i.e., places of business
primarily engaged in selling merchandise to retailers, to
industrial, commercial, institutional or professional
users, or to other wholesalers, or agents in buying
merchandise for or selling merchandise to such persons
or companies.
(4) All offices of Federal, local, county, and State government,
except to the extent that such offices must continue to
operate in order to carry out the requirements of this
j plan, and those offices which provide essential services
i for maintenance of public health and safety.
I (5) All retail trade establishments except pharmacies and stores
{ primarily engaged in the sale of foods.
! (6) Banks, credit agencies other than banks, securities and
j commodities brokers, dealers, exchanges and services,
; offices of insurance carriers, agents and brokers, real
' estate offices.
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(7) Wholesale and retail laundries; laundry services and
cleaning and drying establishments; photographic studios;
beauty shops; barber shops and shoe repair shops.
(8) Advertising offices, consumers credit reporting, adjust-
ment and collection agencies, duplication, addressing,
blueprinting; photocopying, mailing list, and stenographic
services; equipment rental services; garages.
(10) All wholesale and retail handling of gasoline.
(11) Establishments rendering amusement and recreation services
including motion picture theaters.
(12) Elementary and secondary schools, colleges, universities,
professional schools, junior colleges, vocational schools,
public and private libraries.
(13) Others deemed necessary to protect the public health and
welfare and as announced by the Governor.
g. All aircraft will be grounded with the exception of emergency
flights.
h. No person shall use a motor vehicle, with the exception of
emergency and governmental vehicles. Persons will be allowed
to return to their residences from work or location other
than their residences and to make other trips essential to
protect health and safety.
i. Regulate and halt rail, bus and ship travel and all other
forms of transportation where possible and allowing appropri-
ate times for curtailing or ceasing operations.
j. Stop sources of pollution involved in military training, smoke
school training, fire department training, rocket fuel testing,
etc.
k. Every person shall do such acts or refrain from such acts as
shall be specified in the Governor's declaration that an air
pollution Emergency exists and as shall be specified in other
announcements made or authorized by the Governor.
(3.0) 04 PRIOR REGISTRATION OF PROPOSED INSTALLATIONS
04A Requirements for Registration. No person shall make any installation
except as provided in subsection 05E without first registering
with the Department. Request for registration shall be made in writino.
in triplicate, uoon forms furnished by the Department and shall be accom-
panied by documents, drawings or otheV information specified by the
Department, and when required by the Department, shall bear the seal
and signature of a Registered Professional Engineer. Completion of
application for a permit to construct under section 11 may be con-
sidered to fulfill requirements of this section.
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04B Essential Information for Registration. Any information relating to
secret processes or methods of manufacture or production disclosed
to or required, ascertained or discovered by any employee or agent
of the Department shall be kept confidential. Information to be given
in the application shall include, but not be limited to, the following:
1. Description of the proposed installation.
2. Design capacity of the process equipment including process weight
and process weight per hour.
3. Expected physical and chemical composition of the emissions; and
pertinent design criteria such as discharge rate, concentration,
volume and temperature.
4. Type and general characteristics of the control equipment.
5. Description and evaluation of location of the discharge point and
other factors relating to dispersion and diffusion in the atmos-
phere.
6. Information on the relation of the discharge point to nearby struc-
tures and topography necessary to appraise the possible effects of
the emissions.
04C Action on Request for Registration. The Department shall acknowledge
the receipt of the request for registration within one week. Within
60 days following the receipt of this request, the Department shall
either register the proposed installation or notify the person that
additional information is required. Registration does not imply
approval by the Department of the installation.
(3.0) 05 REGISTRATION OF EXISTING INSTALLATIONS
05A Requirement for Registration. Persons responsible for installations
except as provided in subsection 05E shall apply for registration
with the Department in a manner and form as required by the Department.
Requirement for Registration. Persons responsible for installations
except as provided in subsection 05E shall apply for registration
with the Department in a manner and form as reauired by the Department.
Registration does not imply approval bytne Departmentof Installation.
05C Change of Ownership. A change of ownership shall terminate the reg-
istration of the installation. The new owner shall apply for registra-
tion with the Department within 30 days of the change of ownership.
05D Acknowledgement. The Department shall acknowledge receipt of the re-
quest for registration within one week.
05E Installations Not Required to be Registered.
Existing installation for which a permit to operate are obtained
under provisions of subsection 11B and 11H will not be re-
quired to apply for registration.
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The Department shall provide a list specifying the types of in-
stallations that are not required to be registered gnder the pro-
vision of subsections 04A and 05A. The Department shall from
time to time, as experience and conditions change, add to or delete
from this list. Such list shall be made available with the forms
.^furnished by the Department for "Prior Registration of Proposed In-
stallations". The provision for not registering as herein provided
shall not in any manner be construed as authorizing or permitting
the creation of or maintenance of air pollution.
(9.0) 06 TESTING AND MONITORING
_06A Requirements for Testing. The Department may require any person to
conduct or have conducted testing to determine compliance with these
regulations. The Department may at its option witness or conduct such
tests. Such testing will be done at a reasonable time, and all inform-
ation gathered during a testing operation will be provided to both par-
ti ei,
1. Testing to determine the quantity of emissions shall be undertaken
by generally recognized methods of measurement, and at such a point
or points as to represent the actual discharge into the atmosphere;
except that these may be modified or adjusted by the Control Officer
to suit specific sampling conditions or needs based upon good prac-
.tice, judgement and experience.
2. When the Department conducts or has such tests conducted, the person
shall provide such sampling facilities, exclusive of instruments
and sensing devices, as may be necessary to determine the quantity
of emissions.
3. Any registrable installation contructed after the effective date
of these amendments shall be provided with appropriate openings
in the exhaust gas ductwork or in the stack or chimney to enable
the collection of samples of the effluent to the atmosphere from
such installation.
_06B Requirements for Monitoring. The Department or Control Officer may
require a person responsible for any installation to install, use
and maintain monitoring equipment or employ other methods as specified
by the Department or the Control Officer to determine the quantity
and/or quality of emissions discharged into the atmosphere and to main-
tain records and make reports on said emissions to the Department or
the Control Officer in a manner and on a schedule approved by the De-
partment or the Control 1 Officer.
1. The Department or the Control Officer shall, at reasonable times,
have access to and be permitted to copy any records, inspect any
monitoring equipment or methods required under this subsection.
2. Except when otherwise specified by the Department or the Control
Officer, records required under this subsection shall be retained
by the person responsible for the installation and shall be avail-
able for inspection by the Department and the Control Officer for
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a period of not less than 90 days.
3. All records and reports submitted to the Department or the Control
Officer required under this subsection shall be available for
public inspection.
(7.0) 07 MALFUNCTION OF AN INSTALLATION
07A Requirement for Notification. When a malfunction in any installation
occurs that can be expected to increase the emissions, and to continue
for a period greater than 4 hours, the person shall notify the Control
Officer or the Department by telephone. On receipt of this notifica-
tion, the Control Officer may permit the continuance of the operation
for a period not to exceed 10 days provided that written application
is made to the Control Officer. Such application shall be made within
24 hours of the malfunction or within such other time period as the
Control Officer may specify. In cases of major equipment failure, ad-
ditional time period may be granted by the Control Officer provided a
corrective program has been submitted by the person and approved by
the Control Officer.
(6.0) 08 PENALTIES AND PLAN FOR COMPLIANCE
08A Civil Penalty. Any person who violates the orovisions of any standard
or rule or regulations of the Air Quality Control Act shall be liable
to a civil penalty of not more than $10,000. Each day .during which
a violation continues shall be a separate violation.
08B Plan for Compliance. A violator who has submitted a plan for compliance
with these regulations and has had that plan or amendments to it approv-
ed by the Secretary, upon recommendation of the Department, shall not
be considered to be in violation of these regulations as long as he acts
in accordance with the original or amended plan.
(12.0) 09 MOTOR VEHICLE EMISSIONS
09A Removal of Control Devices. No person shall remove, alter or otherwise
render inoperative, exhaust emission control, crank case ventilation
or any other air pollution control device which has been installed as
a requirement of Federal law or regulation.
098 Operation of Motor Vehicles. No person shall operate a motor vehicle
originally equipped with air pollution control devices as required by
Federal law or regulation unless such devices are in place and in op-
erating condition.
09C Exceptions. The requirements of Subsections 09A and 098 shall
not apply to an alteration or modification to use a fuel other than
gasoline where it has been shown that the emissions from-such modified
or altered vehicle are at levels which comply with existing state or
Bfederal standards for emissions from motor vehicles.
(13.0) 10 RECORDS AND INFORMATION
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10A General. For the purpose of developing or assisting in the development
of any implementation plan, standard of performance, emission standard
or the enforcement of any regulation contained herein, the Department
shall, at reasonable times, have access to and be permitted to copy
any records of any fuel supplier in order to determine to whom fuel is
distributed or sold, in what quantity and what type. All information
obtained under this section shall be entitled to protection as trade
secrets and the Department shall keep such information confidential.
(3.0) 11 PERMITS
J1A Permit to Construct. No person shall cause, suffer, allow or permit
the construction, modification or alteration of any installation except
as provided for in subsection 11G without first having obtained a
"Permit to Construct" from the Department. A "Permit to Construct"
shall be void if the construction, modification or alteration is not
begun within one year from the date of issuance or if the work involved
in construction, modification or alteration is suspended for one year
or more from the date of issuance.
JIB Permit to Operate. A person shall not cause, or permit any installation
specified in subsection 11H to be used Or operated without first
having obtained a "Permit to Operate" from the Department. Such permits
shall be valid for a period of one year and may be renewed only after
application in writing to the Department, upon request of the Department,
not less than 90 days prior to their expiration date.
_11C Conditional Permit. Upon receipt of an application for the issuance of
a "Permit to Construct" or a "Permit to Operate" or any renewal thereof,
the Department may issue a temporary "Conditional Permit" valid for a
period not to exceed 90 days. The holder of a "Conditional Permit"
shall comply with the conditions contained in same as well as all other
provisions of these regulations and Federal air pollution control
regulations.
11D Permits Do Not Cancel Need for Other Permits. Permits to construct and
permits to operate issued under this section are based on the control
of air pollution only, and do not in any way obviate the applicant's
obligation to obtain necessary permits from other government agencies.
_11E Saving Clause. The possession of a "Permit to Operate" does not relieve
any person from the obligation to comply with all other provisions
of these regulations and Federal air pollution control regulations.
_11F Exemptions. The provisions of subsections HA and 118 shall
not apply to structural changes, repairs or maintenance of any article,
machine, equipment or contrivance if such changes, or repai'rs of main-
tenance cannot change the quality, nature or quantity of emissions.
JIG Installations Not Required to Obtain Permits to Construct. The following
types of installations are not required to obtain a "Permit to Construct"
from the Department.
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1. Maintenance, replacement, structural changes or minor repair which
does not change capacity of such process equipment, fuel-burning
equipment, control equipment, or incinerators and which does not in-
volve'any change in the quality, nature, or quantity of emissions
therefrom.
2. Motor vehicles, steamships, tugs, and railroad locomotives.
3. Fuel burning equipment using gaseous fuels or No. 1 or No.2 fuel
oil with a heat input less than 1,000,000 BTU per hour.
4. Fuel burning equipment using solid fuel with a heat input of less
than 350,000 BTU per hour.
5. Stationary internal combustion engines with less than 1000 brake
horsepower.
6. Bench scale laboratory equipment used exclusively for chemical or
physical analysis or experimentation.
7. Portable brazing, soldering, or welding equipment.
8. The following equipment:
(a) Comfort air conditioning or comfort ventilating systems which
are not designed to remove emissions generated by or released
from specific units of equipment.
(b) Water cooling towers and water cooling ponds unless used for
evaporative cooling of process water, or for evaporative cooling
of water from barometric jets or barometric condensers or used
in conjunction with an installation requiring a permit to
operate.
(c) Equipment used exclusively for steam cleaning.
(d) Grain, metal, plastic or mineral extrusion presses.
(e) Porcelain enameling furnaces or porcelain enameling drying ovens.
(f) Unheated solvent dispensing containers or unheated solvent
rinsing containers of 60 gallons capacity or less.
(g) Equipment used for hydraulic or hydrostatic testing.
9. The following equipment or any exhaust system or collector serving
exclusively such equipment:
(a) Blast cleaning equipment using a suspension of abrasive in
water. ,
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(b) Bakery ovens where the products are edible and intended for
human consumption.
(c) Kilns for firing ceramic ware, heated exclusively by gaseous
. fuels, singly or in combinations and electricity.
(d) Confection cookers where the products are edible and intended
for human consumption.
(e) Drop hammers or hydraulic presses for forging or metal working.
(f) Die casting machines.
(g) Photographic process equipment which an image is reproduced
upon material through the use of sensitized radiant energy.
(h) Equipment for drilling, carving, cutting, routing, turning,
sawing, planing, spindle sanding or disc sanding of wood or
wood products.
(i) Equipment for surface preparation of metals by use of aqueous
solutions, except for acid solutions.
(j) Equipment for washing or drying products fabricated from metal
or glass, provided that no volatile organic materials are used
in the process and that no oil or solid fuel is burned.
(k) Laundry dryers, extractors or tumblers for fabrics cleaned with
only water solutions of bleach or detergents.
(1) Containers, reservoirs, or tanks used exclusively for electro-
lytic plating with, or electrolytic polishing of, or electro-
lytic striDDinq of the following metals: Brass, Bronze, Cadmium,
Copper, Iron, Lead, Nickel, Tin, Zinc, Precious Metals.
10. Natural draft hoods or natural draft ventilators.
11. Containers, reservoirs or tanks used exclusively for:
(a) Dipping operations for coating objects with oils, waxes, or
greases, where no organic solvents are used.
(b) Dipping operations for applying coatings of natural or synthetic
resins which contain no organic solvents.
(c) Storage of butane, propane or liquified petroleum or natural
gas.
(d) Storage of lubricating oils.
(e) Unheated storage of organic materials with an initial boiling
point of 300° F or greater.
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(f) Storage of Nos. 1, 2, 4, 5 and 6 fuel oil and aviation jet
engine fuel.
(g) Storage of motor vehicle gasoline and having an individual tank
capacity of 25,000 gallons or less.
(h) The storage of organic liquids normally used as solvents,
diluents, or thinners, inks, colorants, paints, lacquers,
enamels, varnishes, liquid resins or other surface coatings
and having a capacity of 2000 gallons or less.
12. Gaseous fuel-fired or electrically-heated furnaces for heat treating
glass or metals, the use of which does not involve molten materials.
13. Crucible furnaces, pot furnaces or induction furnaces, with a capa-
city of 1,000 pounds or less each, in which no sweating or distilling
is conducted, nor any fluxing conducted utilizing chloride, fluoride,
or ammonium compounds, and from which only the following meta-ls are
poured or in which only the following metals are held in a molten
state:
(a) Aluminum or any alloy containing over 50 percent aluminum, pro-
vided that no gaseous chlorine compounds, chlorine, aluminum
chloride or aluminum fluoride are used.
(b) Magnesium or any alloy containing over 50 percent magnesium.
(c) Lead or any alloy containing over 50 percent lead.
(d) Tin or any alloy containing over 50 percent tin.
(e) Zinc or any alloy containing over 50 percent zinc.
(f) Copper.
(g) Precious Metals.
14. Vacuum cleaning systems used exclusively for industrial, commercial
or residential housekeeping purposes.
_11H Installations Required to Obtain a Permit to Operate. As prescribed in
11B, the following installations and pieces of equipment are required
to obtain a "Permit to Operate" from the Department, unless specifically
exempted by the Department on the basis of capacity or nature of
equipment or materials or amount of emission or other indication of
limited potential for causing air pollution.
1. Incinerators of 2000#/hr. or more rated capacity.
2. Fuel burning installations using liquid or solid fuels with a capacity
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, of 50 x 10 BTU/h,r. or more maximum rated heat input, when located
on a premise where the total rated heat input for all fuel burning
installations of 100 x 10 BTU/hr. or more.
3. Metal reclamation furnaces - all types, all sizes.
4. Glass melting furnaces of 1 ton/hour or more or 1 ton/batch or more
capacity.
5. Sintering machines - metallic ores and mineral products, of 1 ton/hour
or more capacity.
6. Lime kilns - all types, of 1 ton/hour or more capacity.
7. Cement kilns - all types, of 1 ton/hour or more capacity.
8. Other kilns of 5 ton/hour or more capacity.
9. Coke ovens - all types of 1 ton/day or more capacity.
10. Rendering cookers - all types of 500 Ib. or more capacity.
11. Digesters - all types of 500 Ib. or more capacity.
12. Sulfuric acid plants - all types, all sizes.
13. Chemical reactors of 1 ton or more capacity or 1 ton/hour or more
throughput.
14. Varnish or resin cookers - all types of 500#/hr. or more capacity
or 500#/hr. or more throughput.
15. Distilling tanks or towers of 1000 gal./hour or more capacity.
16. Through-circulation dryers - mineral products or metallic ores, of
5 ton/hour or more capacity.
17. Spray dryers of 1 ton or more capacity or 1 ton or more per hour
throughput.
18. Crusher;, hammermills, shredders, grinders of 5 ton/hour or more
capacity.
19. Ball mills and roller mills - dry type of 2 ton/hour or more
capacity.
20. Scarfing machines - metal products only, all sizes.
21. Motor gasoline storage tanks without floating roofs and with a
capacity of 40,000 gal. or more.
22. Solvent storage tanks without floating roofs and with a capacity of
10,000 gal. or more on premises where the total amount of solvents
stored exceeds 25,000 gallons.
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23. Gasoline tank truck loading racks outloading 20,000 gal/day or more.
24. Metallurgical furnaces involving molten metal holding 1 ton or more
of metal or having a throughput greater than 500 pounds per hour.
25. By-product recovery furnaces - 1 ton or more capacity or 1 ton/hour
or more throughput.
26. Any installation with a potential hydrocarbon solvent emission of
1 ton/day or more.
27. Any other source discharging more than 500#/day of any emission to
the atmosphere, upon request of the Department.
_11I Applications for Permits.
1. Permit to Construct. Applications for a permit to construct shall
be made to the Department on forms provided by the Department. The
Department shall require such information and details regarding the
installation as it considers necessary to determine whether the
installation is designed to operate in compliance with these regula-
tions and Federal air pollution control regulations and that the
installation incorporates advances in the technology of air pollution
control developed for the kind and amount of emissions by the appli-
cant's installation. Such information and 'details shall include but
not be limited to the same essential information as required for
registration in subsection 04B.
2. Permit to Operate. For the kinds of installations specified in
subsection 11H, applications for a permit to operate and renewals
of operating permits shall be made to the Department, on forms
provided by the Department. The Department shall require such infor-
mation and details regarding the installation as it considers
necessary to determine whether the installation is designed to operate
in compliance with these regulations and Federal air pollution control
regulations and that the installation incorporates advances in the
technology of air pollution control developed for the kind.and
amount of emissions by the applicant's installation.
_11J Action on Application for Permit. The Department shall acknowledge the
receipt of an application for a permit to construct or operate;within one
week. Within 60 days following the receipt of this application, the
Department shall either issue or deny a permit, or within 30 days notify
the applicant that additional information is required. Issuance of a
permit does not imply approval by any other governmental agency.
_11K Denial of Application. Whenever it shall appear to the Department that
the operation or construction of an installation for which a permit is
sought will result in emissions in violation of any of these regulations
or contravention of applicable ambient air quality standards, an order
shall be entered denying the permit and setting forth the reasons thereof.
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The Department shall not accept a further application unless the appli-
cant has complied with the objections specified by the Department as
its reason for denial of the permit.
TIL Notification of Denial; Hearings. An order denying a permit or the
granting of a conditional permit shall be served as summonses are
served or by certified mail upon the applicant and shall be final
unless the applicant requests a hearing before the Department within
10 days after service.' Where such a hearing is requested by the
applicant, it shall be held pursuant to Article 43, Section 698.
_J1M Transfers. A permit shal"! not be transferable either from one
premise to another, from one installation to another, or from one
person to another.
_11N Permits to be Available. Any person in possession of a "Permit to
Operate" shall maintain said permit on the premises for which the
permit has been issued, and shall make said permit immediately
available to the Department upon request.
_110 Revocation of a Permit. The Department shall issue an order suspend-
ing or revoking any permit for violation of any of these regulations
or any Federal air pollution control regulations. An order suspend-
ing or revoking a permit shall be served as summonses are served or
by certified mail upon the permit holder and shall be final unless
the holder requests a hearing before the Department within 10 days
after service. Where such a hearing is requested by the holder, it
shall be held pursuant to Article 43, Section 698.
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TABLE 1
EMISSION REDUCTION OBJECTIVES FOR
THE ALERT STAGE
Source of Emissions
Alert Stage Actions
1. Coal or oil-fired electric
generating facilities.
power
Substantial reduction of emissions
by utilizing fuels having low ash
and sulfur content.(Use gaseous
fuels where possible)
Substantial reduction of emissions
by diverting loads to electric
power generating facilities outside
of Alert area.
2. Coal or oil-fired steam producing
facilities having a capacity to
burn in excess of four tons of coal
per hour or 600 gallons of fuel
oil per hour.
Substantial reduction of emissions
by utilization of fuels having low
ash and sulfur content. (Use
gaseous fuels where possible.)
Substantial reduction of steam
load demands consistent with
continuing plant operations.
3. Manufacturing industries of the
following classification which
employ more than 20 employees
at any one location:
Standard Industrial Classification
Major Groups
26 Paper and Allied Products
Industry
28 Chemical and Allied Products
Industry
29 Petroleum Refining and Related
Industry
32 Glass, Clay and Concrete
Produces Industry
33 Primary Metal
Substantial reduction of emissions
from manufacturing operations by
curtailing, postponing or deferring
production and allied operations.
Substantial reduction of'emissions
by deferring by-product or trade
waste disposal which emit air
pollution.
Substantial reduction of heat load
demands.
4. On-Site Incineration.
a. Stop completely.
Continued on next page
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5. Any source of air pollutants, not
covered above, upon written
request of the Department may
be required to submit standby
plans describing emission cut-
backs to be taken in the event
an Alert is called.
a. Substantial reduction possible
consistent with requirements for
safety of people and preservation
of property.
Actions specified are primarily for control of particulate matter and/or
oxides of sulfur emissions, and will be instituted when the alert stage is
called for these pollutants. Alert stage called for other pollutants may not
require instituting these actions if no reduction in pollutant level will be
attained.
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TABLE II
EMISSION REDUCTION OBJECTIVES FOR
THE WARNING STAGE
Source of Emissions
Warning Stage Emissions
Coal or oil-fired electric
erating facilities.
power gen-
Maximum reduction of emissions
to provide essential power needs
by utilization of fuels having
lowest ash and sulfur content.
(Use gaseous fuels where possi-
ble}
Maximum reduction of emissions
by diverting electric power gen-
eration to facilities outside of
Warning Area.
Coal or oil-fired steam producing
facilities having a capacity to burn
in excess of four tons of coal per
hour or 600 gallons of fuel oil per
hour.
a. Maximum reduction of emissions
by utilization of fuels having
the lowest available ash and sul-
fur content. (Use gaseous fuels
where possible.)
b. Maximum reduction of heat and
steam demands to absolute ne-
cessities consistent with pre-
venting equipment damage.
c. Make ready for emergency action
if Emergency stage declared.
Manufacturing industries of the fol-
lowing classification which employ
more than 20 employees at any one
location:
Standard Industrial Classification,
Major Groups
26 Paper and Allied Products
28 Chemical and Allied Prods. & Ind.
29 Petroleum Refining and
Related Industries
32 Glass, Clay & Concrete Prods.
33 Primary Metal Industries
Maximum reduction of emissions
from manufacturing operations by
ceasing, curtailing, postponing
or deferring production and al-
lied operations to the extent
possible without causing injury
to persons or damage to equip-
ment.
Maximum reduction of emissions
by deferring by-product; or trade
waste disposal processed which
emit air pollution.
Maximum reduction of heat load
demands.
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4. Refuse Incinerators.
5. Any source of air pollutants, not
covered above, upon written request
of the Department may be required
to submit standby plans describing
emission cut-backs to be taken in
the event a Warning is declared.
a. Complete elimination of the
use of all incinerators.
a. Maximum reduction possible
consistent with requirements
for safety of people and pre-
servation of property.
Actions specified are primarily for control of particulate matter and/or oxides
of sulfur emissions, and will be instituted when the warning stage is called
for these pollutants. Warning stage called for other pollutants may not require
instituting all these actions if no reduction in pollutant level will be at-
tained.
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TABLE III
EMISSION REDUCTION OBJECTIVES FOR
THE EMERGENCY STAGE '
Source of Emissions
Emergency Stage Actions
Coal or oil-fired electric
generating facilities.
power
Maximum reduction of emissions
to provide essential power needs
by utilization of fuels having
lowest ash and sulfur content.
(Use gaseous fuels where possi-
ble)
Maximum reduction of emissions
by diverting electric power gen-
eration to facilities outside
of Emergency area.
Coal or oil-fired steam producing
facilities having a capacity to
burn in excess of four tons of
coal per hour or 600 gallons of
fuel oil per hour.
Maximum reduction of heat and
steam demands to absolute ne-
cessities consistent with pre-
venting equipment damage.
Taking the action called for in
the Emergency portion of the
Standby Emission Reduction Plan,
Manufacturing industries of the
following classification which
employ more than 20 employees at
any one location:
Standard Industrial Classification,
Major Groups
26 Paper and Allied Products
28 Chemical and Allied Products
Industries
29 Petroleum Refining and Related
Industries
32 Glass and Clay and Concrete
Products
33 Primary Metal Industries
Elimination of emissions from
manufacturing operations by
ceasing, curtailing, postponing,
or deferring production and al-
lied operations to the extent
possible without causing injury
to persons or damage to equip-
ment.
Elimination of emissions from by-
product or trade waste disposal
processes which emit air pollu-
tion.
Maximum reduction of heat load
demands.
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4.
5.
Refuse Incinerators-
AH standby emission reduction plans,
required by the Department and not
already in effect or described above,
shall be implemented.
a. Complete elimination of the
use of all incinerators.
*
Actions specified are primarily for control of participate matter and/or
oxides of sulfur emissions and will be instituted when the emergency stage
is called for these pollutants. Emergency stage called for other pollutants
may not require instituting all these actions if no reduction in pollutant
level will be attained.
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Maryland State Department of Health and Mental Hygiene
301 West Preston Street
Baltimore, Maryland 21201
(As Amended through March 13, 1972)
10.03.36 Regulations Governing the Control of Air Pollution in Area I*
Pursuant to the authority conferred upon the Secretary of Health and Mental
' Hygiene by Article 43, Annotated Code of Maryland, 1957 Edition, and Sup-
plement, the following regulations governing the control of air pollution in
Area I are hereby established as requirements of the Department of Health and
Mental Hygiene.
(51.13) 01 CONTROL AND PROHIBITION OF OPEN FIRES
01A General. No person shall cause, suffer, allow or permit an open fire
except as provided in subsection 01B, QIC and 01D.
01B Control Officer May Authorize Certain Open Fires.
1. Subject to review by the Department, the Control Officer may,
upon receipt of an application made on forms provided by the
Department or local fire control agency, issue or approve a
permit in writing allowing an open fire provided all of the
following conditions are met:
a. The Control Officer is satisfied that there is no practical
alternate method to dispose of the material to be burned or
to conduct the desired activities.
b. No hazardous condition or air pollution or nuisance will be
created.
c. Fire control laws or regulations of other governmental agen-
cies will not be violated.
d. No materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will be burned.
e. The material to be burned shall have originated on the premises
on which it is to be burned.
2. The Control Officer may impose other conditions to minimize cre-
ation of smoke, to prevent nuisances and air pollution, and to
protect the health, safety, comfort and property of any persons.
* Editor's note: Western Maryland comprised of Garrett, Allegany and
Washington Counties
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QIC Public Officer May Authorize Certain Fires.
Public officers, in the performance of their official duties, may set
an open fire or give permission for an open fire, with concurrence of
the Control Officer, provided all reasonable means are employed to
minimize smoke if the fire is necessary for one or more of the follow-
ing reasons or purposes.
1. For the prevention of a fire hazard that cannot be abated by other
means.
2. For the instruction of public fire fighters or industrial employ-
ees under supervision of the appropriate fire control official.
3. For the protection of public health or safety when other means for
disposing of hazardous materials are not available.
01D Allowed Open Fires.
Open fires otherwise in conformance with other governmental fire control
ordinances, provided no nuisance or air pollution is created, are al-
lowed without permission as follows:
1. In those areas where no provision is made for public collection of
leaves, the open burning of leaves originating on the premises by
householders is permitted. On and after July 1, 1973, no leaves
shall be burned at locations closer than 200 feet from any neigh-
boring habitable dwelling or place where people work or congregate.
2. In those areas where no provision is made for public collection of
refuse, burning of ordinary household trash (I.I.A. Waste types 0
and 1 only) originating on the premises, excluding commercial es-
tablishments, by householders is permitted provided that:
a. Materials are not burned which create dense smoke (emissions of
an opacity or darkness greater than No. 2 on the Ringlemann
Smoke Chart);
b. On and after July 1, 1973, no refuse shall be burned at locations
closer than 200 feet from any neighboring habitable dwelling or
place where people work or congregate.
3. Cooking of Food.
4. Fires set in the course of agricultural operations in growing crops
or raising fowl or animals or in accepted forestry practice. In no
case shall this provision be construed as allowing the burning of
ordinary household or barnyard trash in areas where provision is
made for public collection of refuse.
5. Recreational purposes, such as campfires.
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6. Oil or gas fired salamanders or similar devices designated
specifically for space heating or warming of outdoor workers,
etc., provided no visible emissions are created.
7. Warming fires for outdoor workers, providing smoke emissions
are not darker than No. 2 on the Ringelmann Smoke Chart, and
the fires are located no closer than 200 feet from any neigh-
boring habitable building.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS
02A For the Purpose of these regulations:
1. "Existing installation" shall mean those erected prior to the
effective date of these regulations. (Date will be noted by
reference number for each specific regulation.)
2. "Modified installation" shall mean those altered, changed or
added to on or after the effective date of these regulations.
(Date will be noted by reference number for each specific reg-
ulation.)
3. "New plant" shall mean any installation for which the.major
proportion of the fuel burning, incineration, .processing or
manufacturing equipment in the installation is erected on or
after the effective date of these regulations. (Date will be
noted by reference number for each specific regulation.) This
definition is not intended to apply to a "modified in^talla-
tion" where new control equipment is added to an existing
installation. In questionable cases, the determination of new
plant shall be made by the Department.
02B Visible Emissions for New Plants. No person shall cause, suffer,
allow or permit the discharge of emissions from any new pl.ant or
building other than water in an uncombined form, which are visible
to human observers.
-2
02C Visible Emissions from Existing and Modified Installations.
1. Existing and Modified Bituminous Concrete Manufacturing Plants.
No person shall cause, suffer, allow or permit the discharge of
emissions from any existing or modified bituminous concrete man-
ufacturing installation other than water in an uncombined form,
which are visible to human observers.
2. Other Existing and Modified Installations. No person shall cause,
suffer, allow or permit emissions from any other existing instal-
lation, modified installation or building that are darker in shade
or appearance than that designated as No. 1 on the Ringelmann Smoke
Chart; or of such opacity as to obscure an observer's view to a
degree greater than does smoke designated as No. 1 ort the Ringelmann
Smoke Chart.
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_02D Exceptions.
1. Subsections _, 02B and 02C shall not apply to emissions during
the building of a new fire, cleaning of fires, soot blowing, start-
up and process modification or adjustment, or occasional cleaning
of control equipment, the shade or appearance of which is not
darker than No. 2 on the Ringelmann Smoke Chart for a period or
periods aggregating no more than 4 minutes in any sixty minutes.
2. Any person who believes that meeting the requirements of subsection
028 is not practical in a particular instance may request an
exception to the requirements of subsection 02B. Such a request
shall be submitted to the Department in writing and include evi-
dence to show why compliance is not practical. Based on evidence
presented and other information, the Department may recommend to
the Secretary that an exception be granted for a period not ex-
ceeding one year at a time under such stated terms and conditions
as the Secretary may determine, provided the appellant has shown
that:
a.. There presently are no practical ways'or means available to en-
able compliance with subsection 02B and;
b. When possible, he is participating vigorously and substantially
in activities directed toward finding or developing ways and
means which would make it practical to reduce or eliminate vis-
ible emissions from the kind of plant which is at issue.
3. Subsection 02B shall not apply to emissions of the following:
a. From the burning of wood in fireplaces on premises used for res-
idential or recreational purposes;
b. From open fires (except salamanders) permitted under provisions
of subsections 01B, QIC and 01D of this regulation.
4. The Control Officer may grant exceptions to 02C above under the
following conditions:
a. When the application of Q2C to a residential building housing
two or less families creates undue economic hardship on indivi-
duals residing therein or,
b. When the installation's primary way of transferring heat is by
the radiant method rather than a piped fluid system such as
forced hot air, hydronic, or steam. Installations in this cat-
egory would include stoves, room heaters, floor or wall mounted
circulating heaters, fireplaces or similar devices.
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(50.1) 03 CONTROL AND PROHIBITION OF PARTICULATE MATTER EMISSIONS
(50.1) 03A General Conditions. All calculations of participate matter amissions
shall be.made in terms of grains per standard cubic foot dry exhaust
gas (gr/SCFD).
1. For fuel burning plants and installations calculations shall be
corrected to 50% excess air.
2. For incineration plants and installations calculations shall be
corrected to 12% carbon dioxide and as if no auxiliary fuel has
been used, except for pathological waste units which shall be cor-
rected to 3.5% carbon dioxide.
(51.5) 03B Control of Particulate Matter from Fuel Burning Plants and Installations,
1. General Conditions for Fuel Burning Plants and Installations.
a. When two or more fuel burning plants or installations are con-
nected to a single stack, the combined heat input of all units
connected to the stack shall be used to determine the allow-
able emissions from the stack.
b. When a single fuel burning plant or installation is connect-
ed to two or more stacks, the allowable emissions from all
the stacks combined shall not exceed that allowable for the
same unit if connected to a single stack.
3
2. New Fuel Burning Plants.
a. No person shall cause, suffer, allow or permit particulate
matter caused by the combustion of fuel in any new fuel burn-
ing plant to be discharged into the atmosphere in excess of
the amounts shown in Table 1.
b. Dust Collection Devices Required on New Fuel Burning Plants.
(1) Effective October 1, 1972, no person shall cause, suffer,
allow or permit the combustion of residual fuel oil in any
new fuel burning plant with a fuel burning capacity of less
than 200 x 10 BTU per hour unless such plant is equipped
with a dust collector, the collection efficiency of which
meets the requirements shown in Table 1.
(2) Effective immediately, no person shall cause, suffer, al-
low or permit the combustion of solid fuel in any new fuel
burning plant unless such plant is equipped with a dust
collector with 99% or more efficiency or the combustion of
fuel oil in an oil burning installation with a heat input
greater than 200x 10 BTU/hour, unless equipped with a dust
collector with an efficiency of 80% or more.
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4
3. Existing and Modified Fuel Burning Installations . No person
shall cause, suffer, allow or permit particulate matter caused
by the combustion of fuel in any existing or modified fuel burn-
ing installation to be discharged from any stack or chimney into
the atmosphere in excess of the hourly rate set forth in the
following table.
Maximum Allowable Discharge of Parti-
Heat Input in Million culate Matter in Pounds per million
BTU per hour BTU from Existing and Modified Fuel
Burning Installations
Up to and including 10 0.60
>10 to 100 0.35
>100 to 1000 0.20
Greater than 1000 0.12
For a heat input between any two consecutive heat inputs stated
in the preceding table, maximum allowable discharge of particulate
matter is shown for existing and modified fuel burning installa-
tions on Figure 1. For the purposes hereof, heat input shall be
calculated as the aggregate heat content of all fuels whose pro-
ducts of combustion pass through the stack or chimney.
4. Exceptions. The Control Officer may grant exceptions to 03B3
above under the following conditions:
a. When the application of subsection 03B3 to a residential
building housing two or less families creates undue economic
hardship on individuals residing therein or,
b. When the installation's primary way of transferring heat is by
the radiant method rather than a piped fluid system such as
forced hot air, hydronic, or steam. Plants in this category
would include stoves, room heaters, floor or wall mounted
circulating heaters, fireplaces or similar devices.
g\ 03C Particulate Matter from Incineration Plants and Installations.
1. New Incineration Plants.
a. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere particulate matter to exceed 0.10 gr/SCFD
from any new incineration plant that has a burning capacity less
than 1 ton of refuse per hour and is used to burn less than 5
tons of refuse per day.
b. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere particulate matter to exceed 0.03 gr/SCFD
from any new incineration plant that has a burning capacity e-
qual to or greater than 1 ton of refuse per hour or is used to
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burn 5 tons or more of refuse per day.
2. Existing and Modified Incineration Installations . No person
shall cause, suffer, allow or permit to be discharged into the
outdoor atmosphere from any existing or modified incinerator the
following:
a. From any existing or modified incinerator burning less than
200 pounds of refuse per hour, particula'te matter to exceed
0.3 grain per standard cubic foot of dry flue gas.
b. From any existing or modified incinerator burning 200 or more
pounds of refuse per hour, particulate matter to exceed 0.2
grain per standard cubic foot of dry flue gas.
(51.1) 03D Particulate Matter from Agricultural Operations.
1. Particulate Matter from Grain Drying Installations.
a. No person shall cause, suffer, allow or permit the operation of
any grain drying installation unless equipped in such a manner
that all exhaust gases discharged pass through a 5ip_ mesh screen;
or the installation is equipped with other equipment or incor-
porated design features that will accomplish the same or more
effective results in reducing the discharge of particulate
matter.
b. Exceptions. Mobile type grain drying installations, with an
operating capacity of 500 bushels per hour or less, located out-
side a town, village or city and at a distance greater*than 300
yards from a habitable dwelling or place of business, shall be
exempt from 03Dla provided no nuisance or air pollution is
created.
c. Mesh Sizing refers to the Tyler Standard Screen Scale.
2. Control of Orchard Heaters.
General. No person shall cause, suffer, allow or permit to be
used any type of orchard heater or other such frost control de-
vice which discharges into the atmosphere more than one gram per
minute of unconsumed carbonaceous matter.
(50.1.1) 03E Particulate Matter from Other Plants and Installations.
1. Other New Plant.
a. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any other new process plant,
particulate matter in excess of 0.03 gr/SCFD.
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b. The maximum allowable weight of participate matter discharged
per hour from any other new process plant shall not exceed that
determined from Table 2. Where the process weight per hour falls
between two values in the table, the maximum weight discharged
per hour shall be determined by linear interpolation. When the
process weight exceeds 60,000 pounds per hour, the maximum allow-
able weight discharged per hour will be determined by the use of
the following equation:
E = 55.0 P0'11 - 40
E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
This limitation shall supersede the requirements of section
03Ela if it requires a lower emission rate per hour.
Q
2. Other Existing and Modified Process Installations.
a. Existing and Modified Bituminous Concrete Manufacturing Installa-
tions. No person shall cause, suffer, allow or permit to be dis-
charged into the atmosphere from any existing or modified bi-
tuminous concrete manufacturing installation particulate matter
in excess of 0.03 gr/SCFD.
b. Other Existing and Modified Installations.
(1) The maximum allowable weight of particulate matter dis-
charged per hour from any other existing or modified pro-
cess installation shall not exceed that determined from
Table 2. Where the process weight per hour falls between
two values in the table, the maximum weight discharged per
hour shall be determined by linear interpolation. When
the process weight exceeds 60,000 pounds per hour, the
maximum allowable weight discharged per hour will be det-
ermined by use of the following equation:
E = 55.0 P0'11- 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
(2) For those processes in which the process weight per hour
exceeds 60,000 pounds, the maximum allowable weight of
particulate matter discharged per hour may exceed that cal-
culated by the above equation providing that the concen-
tration of particulate matter in the gases discharged to
the atmosphere is less than 0.05 gr/SCFD.
(51-3) 03F Particulate Matter from Materials Handling and Construction and Other
Acts.
1. No person shall cause, suffer, allow or permit any material to be
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handled, transported or stored; or a building, its appur-
tenances, or a road to be used, constructed, altered, repaired
or demolished without taking reasonable precautions to prevent
particulate matter from becoming airborne. Such reasonable
precautions shall include, when appropriate as determined by the
Control Officer, but not be limited to the following:
a. Use of water or chemicals for control of dust in the demoli-
tion of existing buildings or structures, construction op-
erations, the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which can
create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to en-
close and vent the handling of dusty materials. Adequate con-
tainment methods shall be employed during sandblasting of
buildings or other similar operations;
d. Covering, at all times when in motion, open-bodied vehicles
transporting materials likely to create air pollution. Al-
ternate means may be employed to achieve the same results as
would covering;
e. The paving of roadways and their maintenance in a clean condi-
tion;
f. The prompt removal from paved streets of earth or other mater-
ial which has been transported thereto by trucks or earth
moving equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions orig-
inate.
04 CONTROL AND PROHIBITION OF GAS, VAPOR AND ODOR EMISSIONS
(2.0) 04A General.
1.' Odors. No person shall cause, suffer, allow or permit the discharge
into the atmosphere of gases, vapors, or odors beyond the property
line in such a manner that a nuisance or air pollution is created.
2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard conditions.
(51.6) 048 Sulfur Oxides from the Burning of Fuel. No person shall burn, sell or
make available for sale any fuel unless the following conditions are
met:
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1. On and after July 1, 1970, all solid fuels burned on a premise
where the sum total maximum rated heat input of all fuel burn-
ing equipment located on the premises is 100 million BID per hour
or greater, shall contain 1% or less sulfur by weight.
2. On and after July 1, 1970, all residual fuel oil shall contain 1%
or less sulfur by weight.
3. Distillate fuel oils, 0.3 percent.
4. Process gas used as a fuel, 0.3 percent.
(50.2) 04C Sulfur Compounds from Other than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing more than 2,000 parts per million by
volume of sulfur dioxide. Any such installation contructed after
the effective date of these regulations (9) shall not discharge
into the atmosphere gases containing more than 500 parts per mil-
lion by volume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing sulfuric acid, sulfur trioxide, or
any combination thereof, greater than 70 milligrams per cubic met-
er reported as sulfuric acid. Any such installation constructed
on or after the effective date of these regulations (10) shall not
discharge into the atmosphere gases containing sulfuric acid,
sulfur trioxide, or any combination thereof, greater than 35 milli-
grams per cubic meter reported as sulfuric acid.
(2.o) 04D Exceptions.
1. Fuels containing sulfur in excess of the amounts specified in
04B may be burned, sold, or made available for sale provided
control equipment to desulfurize stack gases has been installed or
other methods or devices are employed by the user or purchaser such
that the discharge of sulfur dioxide to the atmosphere does not
exceed 0.5 pounds per million BTU of heat input to the associated
installation in which such fuel is burned.
2. The Secretary may authorize the operation of a scavenger or re-
covery plant to reclaim sulfur compounds which would otherwise be
discharged into the air provided the operation of such a scavenger
or recovery plant would reduce total discharge of sulfur compounds
at least 95% with said plant in operation compared to discharge
when the aforementioned plant is not operating. Such authorization
may result in discharge of sulfur compounds whose concentration
exceed those permitted by subsections 1 and 2 of __04C. This sub-
section shall not apply to sulfuric acid manufacturing operations.
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(9.0) 04E Request for Analysis. Any person offering to sell or deliver fuel or
any person responsible for equipment in which fuel is burned shall,
upon request, submit to the Department or the Control Officer such
analyses of the fuel as may be required to determine compliance with
this section.
(50.6) 04F Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of an
installation primarily engaged in the reduction of offal or veg-
etable oil unless all gases, vapors and gas-entrained matter from
said installation are:
a. First cooled to a temperature of no greater than 160°F and then
b. The non-condensible fraction is incinerated at a .temperature of
not less than 1400 F for a period of not less than 0.4 seconds.
c. Alternate methods may be used if determined by the Department
to be equally or more effective for the purpose of controlling
air pollutions.
2. Any person processing or incinerating gases, vapors or gas-entrained
matter as required by subsection 04F1 shall install, operate,
and maintain in good working order and calibration, continuous re-
cording devices for indicating temperature, or pressure or other
operating conditions. Such devices shall be approved by the Depart-
ment and all data collected shall be made available to the Depart-
ment or the Control Officer for inspection or copying upon request
of the Department. Such data shall be kept on file by responsible
persons for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or veg-
etable oil to be handled, transported or stored or to1 undertake
the preparation of any offal or vegetable oil without taking reason-
able precautions to prevent odors from being discharged. Such
reasonable precautions, when approved by the Department, shall in-
clude but not be limited to the following:
a. Storage of all offal or vegetable oil prior to or in the pro-
cess of preparation in properly enclosed and vented equipment
or areas, together with the use of effective devices and/or
methods to prevent emission of odors or odor bearing gases.
b. Use of covered vehicles of watertight construction for the
handling and transporting of offal or vegetable oil.
c. Use of hoods and fans to enclose and vent the storage, hand-
ling, preparation and conveying of any odorous materials to-
gether with effective devices and/or methods to prevent e-
missions of odors or odor bearing gases.
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4. Whenever the emissions from an installation primarily engaged in
the reduction of offal or vegetable oil create a nuisance or air
pollution, beyond the property line, the Department may require
that the building in which such installation is located be tightly
closed and vented so that all emissions are treated by incineration
or by other methods if determined by the Department to be equally
or more effective for the purpose of controlling emissions.
5. The requirements of this subsection 04F shall not apply to any
installation engaged exclusively in.the' processing of food for
human consumption.
(51.7) 04G Nitrogen Oxides from New Fuel Burning Equipment.
1. No person shall cause, suffer, allow or permit.the discharge of
nitrogen oxides into the atmosphere, from any new fuel burning
equipment having a heat input rating of 250 million British Therm-
al Units (BTU) per hour, or more, in excess of the following rates:
a. 0.20 pounds per million BTU heat input, maximum two hour average,
, expressed as NO^ when gaseous fuel is burned.
b. 0.30 pounds per million BTU heat input, maximum two hour average,
expressed as N0~ when liquid fuel is burned.
c. 0.50 pounds per million BTU hea.t input, maximum two hour average,
expressed as N0? when solid fuel is burned.
(51.10) 04H Nitrogen Oxides from Nitric Acid Plants.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant/ ' nitrogen
oxides in excess of 5.5 pounds per ton of acid (100 percent basis)
produced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant, C^) nitrogen oxides
in excess of 3.0 pounds per ton of acid (100 percent basis) pro-
duced.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in this
section 05 only, the following definitions shall apply.
1. Sulfur Oxides
Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
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specified herein, shall be taken to indicate the concentration
of sulfur oxides.
2, Partlculate Matter
Particulate matter includes the substances collected from and/or
settling out of the atmosphere by use of the measurement proced-
ures prescribed herein for suspended particulate matter and dust-
fall, respectively.
3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, ex-
cluding methane, whose molecules consist primarily of atoms of
hydrogen and carbon and exist in the ambient air in the gaseous
state. Specifically excluded are hydrocarbons and other organic
compounds associated only with suspended particles in the atmos-
phere. For purpose of these air quality standards, non>-methane
hydrocarbons shall be taken to be the difference between the re-
ported total .hydrocarbons and methane values measured by the meth-
ods soecified herein.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
a*ir as the result of complex photochemical reactions. Because
these reactions depend on sunlight, only those oxidant concen-
trations occurring between 11 a.m. and 5 p.m. EST are considered
to be of photochemical origin.
05B Precepts.
1. It is known that concentrations of air pollutants above certain
levels are harmful to the health of man. However, the threshold
level at which adverse effects on man's health begin are not
known with precision. It must be presumed that adverse effects
over a long time period take place at concentrations lower than
those now known to produce adverse effects over short time per-
iods. Therefore, in establishing air quality standards,- it is
prudent to provide for margins of safety in reaching conclusions
based on such data as are available which relate health effects
to pollutant levels.
2. ^n ambient air quality standard which would result in avoidable
degradation of air quality is in conflict with applicable State
law.
3. The ambient air quality standards set forth herein, represent
goals expressed in terms of limits on the duration and concentra-
tion of pollutants in the atmosphere which are not to be contra-
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vened. The ambient air quality standards shall be achieved
through application, under provisions or laws or regulations or
otherwise, of ways and means for reducing pollutant concentra-
tions including but not limited to removal of air pollutants
from exhaust gas streams, fuel and process material changes,
equipment changes, and land use management.
JD5C Primary Ambient Air Quality Standards for All Substances Which May
Cause Air Pollution and Control Measures To Be Required.
1. The primary ambient air quality standard? for all substances
which may cause air pollution shall be those lowest concentra-
tions attainable by application of all reasonably available
ways and means for reducing pollutant concentrations in the
ambient air. In situations of time and place where the lower
concentrations of any substance in the "more adverse range"
as set forth herein are not exceeded, or when there is no
standard for the "more adverse range", the "serious level" is
not exceeded, all necessary ways and means shall be required
for minimizing increases in concentrations of such substances in
the ambient air, to the end that said concentrations shall not
be exceeded in the future.
2. No statement, numerical standard, or time limit, contained else-
where in ambient air quality standards shall be interpreted as
mitigating in any way the necessity for and the reasonableness
of applying all reasonably available ways and means for reducing
pollutant concentrations in the ambient air.
_05D Secondary Ambient Air Quality Standards
1. General
Secondary ambient air quality standards are presented in two cat-
egories: the more adverse range and the serious level. The
concentrations denoting each category for various pollutants are
presented in Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range.
When ambient air concentrations of any pollutant listed in Table
3 are in the more adverse range, as set forth in Table 3, the ap-
plication of all necessary ways and means for reducing such con-
centrations shall be required and the time schedule for their im-
. plementation shall be based on the premise that the pollutant con-
centrations are progressively to be reduced to the lower levels
or less as set forth in Table 3, within the shortest reasonable
time. Such reasonable time should not exceed seven years or such
shorter time as may be specified under provisions of the Federal
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Clean Air Act.
3. Air Pollution Control Measures To be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table 3
exceed the serious level, as set forth in Table 3, the application
of all necessary ways and means shall be required for reducing
such concentrations. The ways and means required and the time
schedule for their implementation shall be based on the premise
that the pollutant concentrations are progressively to be reduced
to levels lower than the serious level concentrations set forth
in Table 3 in the shortest possible time. If ambient air concen-
trations exceed the serious levels specified in Table 3 as of the
year 1971, such concentrations should be reduced to less than the
serious levels by not later than the end of calendar year 1974.
If, in the future, ambient air concentrations first exceed
serious level, such shortest time should not exceed three years
from the year in which the serious level is first exce«ded, or
such shorter time, if any, as may be required under provisions of
Federal law or regulations. In determining the ways and means to
be required for reducing pollutant concentrations, matters of ec-
onomics and private interests and other factors shall be sub-
ordinate considerations to the necessity of achieving the standards,
for protection of the public health. Additionally, if standards
h.ave been adopted for the more adverse range, measures for reduc-
ing concentrations of the pollutant further below the serious lev-
el shall be instituted in accordance with provisions of paragraph
05D2.
4. Measurement of Ambient Air Quality to Compare to the Standards.
a. The method of measurement for each pollutant listed shall be
the method specified in the Federal Register, Vol. 36, No. 84,
Part III, April 30, 1971. Other methods may be used if they
have been demonstrated to be equally or more specific, accurate,
sensitive, and reproducible methods. Other less specific
methods of measurement may be used provided a relationship is
developed between results obtained by such method and the meth-
od specified and provided that the results are interpreted in
terms of equivalence to those that would be expected using
the listed methods, or other equally or more specific, accu-
rate, sensitive, reproducible methods. Results shall be ex-
pressed as micrograms or milligrams of the pollutant per cubic
meter of air, at 25 degrees Centigrade and 760 millimeters of
mercury pressure except as specifically noted in Table 3.
Such values may be converted to parts per million by volume
(ppm) by utilizing the appropriate conversion factor listed in
Table 3.
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b. Number and Duration of Measurements
(1) General. The measurements to be taken to compare to
the standards shall be made at the frequency and for
the duration as noted in the following appropriate
sub-paragraphs.
(2) Annual arithmetic averages shall be based on results
from at least 52 sampling periods representing 24 hour
periods, distributed throughout the year so as to ad-
equately reflect the true annual average. The second
highest daily average value so obtained shall be used to
relate to the standards expressed as maximum exceeded
once per year.
(3) Daily averages shall be based on measurements made dur-
ing more than 50 percent of the time period represent-
ed. Daily averages may also be determined on the basis
of a compilation of hourly averages determined as de-
scribed in (6) below.
(4) Eight-hour averages shall be based upon measurements
representing at least 55 percent of the designated
eight-hour time periods. Eight-hour averages may also
be determined on the basis of a compilation of eight
hourly averages during designated time periods as de-
scribed in (6) below.
(5) Three-hour averages shall be based upon measurements
representing at least 55 percent of the period. Three-
hour averages may also be made on the basis of a com-
pilation of three individual hourly averages determined
as described in (6) below.
(6) Hourly averages shall be based on at least seven momen-
tary indications of the actual concentration during the
hour or any more nearly complete representation of actual
concentrations.
(7) Five-minute averages shall be based on samples represen-
tative of the total period. However, after a relation-
ship has been developed between the maximum five-minute
average and any other available averaging time, the re-
lationship may be used to calculate maximum five-minute
average values from such other averaging time data.
c. Location of Measurements
Measurements of air pollutants may be made at any place where
air pollution could exist.
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_05E Secondary Ambient Air Quality Standards for Fluorides.
1. Ambient air quality standards for fluorides at the more adverse
a"nd serious levels shall be those concentrations in the ambient
air which result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per gram
dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn of somjhum in-
tended for grain shall not, at time of tassel ing, exceed
35 micrograms F per gram dry tissue in washed samples.
(2) Any field cpops intended for market as hay, silage or
forage shall not exceed 40 micrograms F per gram dry
tissue in unwashed samples as marketed.
(3) Other field crops at any stage of growth shall not exceed
50 micrograms F per gram dry tissue in washed samples.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay
or silage grown in the area as feed shall not exceed 40
micrograms F per gram in unwashed samples.
(2) The average of any two consecutive months samples of for-
age or hay or silage grown in the area as feed shall not
exceed 60 micrograms F per gram dry tissue in unwashed
samples.
(3) No monthly sample of forage or hay or silage grown in the
area as feed shall exceed 80 micrograms F per gram dry
tissue in unwashed samples.
d. Fruit Trees, Berries and Other Commercial Crops
Fully expanded functional leaves shall not exceed 50 micrograms
F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs
Fully expanded functional leaves shall not exceed 100 mi-
crograms F per gram dry tissue in washed samples.
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f. Conifers and Evergreen Trees or Shrubs
Fully expanded leaves or needles of the current year shall
not exceed 50 micrograms F per gram dry tissue in washed
samples. Leaves and needles of prior seasons shall not ex-
ceed 75 micrograms F per gram dry tissue in washed samples.
,g. Grasses and Herbs
Grasses and herbs not subject to browsing, grazing or harvest
for. use in feeds or food shall not exceed 150 micrograms F
- per gram dry tissue in washed samples.
h. Ornamental Plantings
Ornamental plantings, except trees, shrubs and turf where
OBEld, OBEle, OBElf, and OBElg apply, shall not
exceed 40 micrograms F per gram dry tissue in fully expanded
leaves, in washed samples, at any period during the growing
season.
i. Other Values
When vegetation sampling is deemed by the Department to be
not practicable, unsatisfactory conditions may be assumed
to exist by the Department if either:
(1) Static limed filter paper samples of 28 to 32 day expos-
ure exceed five micrograms F per 100 square centimeters
per day, or
(2) Gaseous fluorides exceed two microqrams F per cubic meter
of air in any 24 hour sample and any 72 hour average ex-
ceeds 0.4 micrograms F per cubic meter of air.
Air Pollution Control Measures To Be Required. When and where con-
centrations of fluoride cause any of the values set forth in
OSE1 to be exceeded, the application of all necessary ways and
means shall be required for reducing such concentrations. The
ways and means to be required and the time schedule for their im-
plementation shall be based on the premise that fluoride concen-
trations are progressively to be reduced in the shortest possible
time to levels that will not cause the values in subsection OSE1
to be exceeded.
Measurement of Fluoride. Methods for measuring the fluoride con-
tent of any plant tissue shall be by suitable modification of the
Willard and Winter method (ref. Willard, H. H. and Winter, 0. B.
Volumetric Method for Determination of Fluorine. Ind. Eng. Chem.
Anal. Ed. 5:7-10, 1933) such as:
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Weinstein, L. H., R. H. Mandl, D. C. McCune, J.-S. Jacobson, and
A. F. Hitchcock, Semi-Automated Analysis of Fluoride in Biolo-
gical Materials. J. Air Poll. Control Assoc. 15:222-5, 1965.
Results are expressed on a dry weight basis in washed and unwashed
samples as noted. Micrograms F per gram dry tissue^ means micro-
grams of fluoride as the ion, per gram of dry material.
Methods of measuring gaseous air samples shall be by the carbonate
tube method or the dual tape method by Weinstein et al ref:
Weinstein, L. H. and R. H. Mandl. The Separation and Collection
of Gaseous and Particulate Fluoride. VDI Berichte. 164, 1970.
Other methods may be used if they have been demonstrated to be e-
qually or more specific, accurate, sensitive and reproducible and
if first approved by the Department.
(2.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained
in such a manner that a nuisance or air pollution is created. Nothing
in this regulation shall in any manner be construed as authorizing or
permitting the creation of or maintenance of a nuisance or air pollu-
tion.
06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in a reduction in the total weight of emissions, conceals or dilutes
an emission which would otherwise constitute a violation of any ap-
plicable air pollution control regulation.
06C Refuse Burning Prohibited in Certain Installations. No person shall
burn refuse in any plant, installation or equipment not.specifically
designed, constructed or modified for that purpose.
14
06D Prohibition of Certain New Fuel Burning Plants.
No person shall construct a new fuel burning plant designed for
use of residual fuel oil in which any individual furnace has a
rated heat input of less than five million BTU per hour nor shall
residual fuel oil be used at any time in any new fuiel burning
plant having a rated heat input of less than five million BTU
per hour.
No person shall construct a new fuel burning plant designed for
use of coal in which any individual furnace has a rated heat in-
put of less than 250 million BTU per hour nor shall coal be used
at any time in any new fuel burning plant having a rated heat in-
put of less than 250 million BTU per hour.
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06E Control of Sources of Fluoride Emissions.
1. No person shall cause, suffer, allow or permit the discharge in-
to the atmosphere of fluorides from any installation in such com-
binations and in such amounts that any provision of the ambient
air quality standards for fluorides set forth in 05E is con-
travened.
2. Surveillance
a. Existing Installation Surveillance Program.
A person responsible for an installation discharging fluorides
shall conduct a continuing environmental surveillance program,
in a manner'approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
b. New Installation Surveillance Program.
No "Permit to construct will be issued for any new potential
source of fluoride emissions until the applicant has conduct-
ed a survey of background levels of fluoride in the environ-
ment in a manner and to an extent approved by the Department.
Applicants for a "Permit to Operate" shall be subject to the
requirements of 06E2a.
c. Reporting.
All data collected by the environmental programs and surveys
of fluorides, required by this subsection, shall hp maintain-
ed and made available to the Department in a manner and on a
schedule approved by the Department. Such data shall be a-
vaiTable to the public.
d. Modification of Surveillance Programs-
Any modification to the environmental programs and surveys,
required under this subsection, must be approved by the De-
partment. Such modification may be initiated by the Depart-
ment.
(2.0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Plans for Compliance. All plans for compliance with regula-
tions 43P02 as it became effective on January 28, 1969, which have
been approved by the Secretary shall be evaluated by the Department.
Any part of such plans which the Department determines relate to an
installation which is subject to more restrictive emission control re-
quirements under terms of this amended regulation 10.03.36, as com-
pared to the respective requirements of regulation 43P02 as it be-
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came effective on January 28, 1969, will be null .and void. If a
plan for compliance is declared null and void, an amended plan
may be submitted to the Department.
_07B Previous Regulations Remain in Effect in Certain Cases. Provisions
of regulation 43P02 as adopted on January 28, 1969 shall remain
in effect with regard to installations, plants and matters dealt
with in these amendments until the effective dates provided for by
these amendments are applicable to the respective plants, installa-
tions or matters.
1 -- Plants Built On Or After January 17, 1972.
2 -- Installations Built January 17, 1972.
3 -- Plants Built On or After January 17, 1972.
4 — Installations Built January 17, 1972.
5 — Plants Built On or After January 17, 1972.
6 — Installations Built January 17, 1972.
7 — Plants Built On or After January 17, 1972.
8 -- Installations Built January 17, 1972.
9 — January 17, 1972
10 -- January 17, 1972
11 -- Equipment Built On or After May 12, 1972.
12 — Plants Built Before May 12, 1972.
13 -- Plants Built On or After May 12, 1972.
14 -- Plants Built On or After January 17, 1972.
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MARYLAND STATE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
301 West Preston Street
Baltimore, Maryland 21201
(As Amended through March 13, 1972)
10.03.37 Regulations Governing the Control of Air Pollution in Area II*
Pursuant to the authority conferred upon the Secretary of Health and Mental
Hygiene by Article 43, Annotated Code of Maryland, 1957 Edition, and Sup-
plement, the following regulations governing the control of air pollution
in Area II are hereby established as requirements of the Department of Health
and Mental Hygiene.
(51.13) 01 CONTROL AND PROHIBITION OF OPEN FIRES
01A General. No person shall cause, suffer, allow or permit an open fire
except as provided in section 01B, 01C, and 010.
01B Control Officer May Authorize Certain Open Fires.
1. Subject to review by the Department, the Control Officer may,
upon receipt of an application made on forms provided by the
Department or local fire control agency, issue or approve a
permit in writing allowing an open fire provided all of the
following conditions are met:
a. The Control Officer is satisfied that there is no practi-
cal alternate method to dispose of the material to be
burned or to conduct the desired activities.
b. No hazardous condition or air pollution or nuisance will be
created.
c. Fire control laws or regulations of other governmental agen-
cies will not be violated.
d. No materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will be burned.
e. The material to be burned shall have originated on the pre-
mises on which it is to be burned.
2. The Control Officer may impose other conditions to minimize
creation of smoke, to prevent nuisances and air pollution, and
to protect the health, safety, comfort and property of any per-
sons.
_01C Public Officer May Authorize Certain Fires.
Public officers, in the performance of their official duties, may set
^Editor's Note: Central Maryland Area Comprised of Frederick
County.
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an open fire or give permission for an open fire, with concurrence
of the Control Officer, provided all reasonable means are employed
to minimize smoke if the fire is necessary for one or more of the
following'reasons or purposes:
1. For the prevention of a fire hazard that cannot be abated by
other means.
2. For the instruction of public fire fighters or industrial em-
ployees under supervision of the appropriate fire control of-
ficial.
3. For the protection of public health or safety when other means
for disposing of hazardous materials are not available.
_01D Allowed Open Fires. Open fires otherwise in conformance with other
govermental fire control ordinances, provided no nuisance or air
pollution is created, are allowed without oermission as follows:
1. In those areas where no provision is made for public collection
of leaves, the open burning of leaves originating on the pre-
mises by householders is permitted. On and after July 1, 1973,
no- leaves shall be burned at locations closer than 200 feet from
any neighboring habitable dwelling or place where people work or
congregate.
2. In those areas where no provision is made for public collection
of refuse, burning of ordinary household trash (I.I.A. Waste
types 0 and 1 only) originating on the premises, excluding com-
mercial establishments, by householders is permitted provided
that:
a. Materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Rinqelmann
Smoke Chart);
b. On and after July 1, 1973, no refuse shall be burned- at loc-
ations closer than 200 feet from any neighboring habitable
dwelling or place where people work or congregate.
3. Cooking of Food.
4. Fires set in the course of agricultural operations in growing
crops or raising fowl or animals or in accepted forestry practice.
In no case shall this provision be construed as allowing the burn-
ing of ordinary household or barnyard trash in areas where pro-
vision is made for public collection of refuse.
5. Recreational purposes, such as campfires.
6. Oil or gas fired salamanders or similar devies designated spec-
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ifically for space heating or warming of outdoor workers, etc.,
provided no visible emissions are created.
7. Warming fires for outdoor workers, providing smoke emissions are
not darker than No. 2 on the Ringlemann Smoke Chart, and the fires
are located no closer than 200 feet from any neighboring habitable
building.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS
02A For the purpose of these regulations:
1. "Existing installation" shall mean those erected prior to the
effective date of these regulations. (Date will be noted by
reference number for each specific regulation.)
2. "Modified installation" shall mean those altered, changed or
added to on or after the effective date of these regulations.
(Date will be noted by reference number for each specific re-
gulation. )
3. "New plant" shall mean any installation for which the major
proportion of the fuel burning, incineration, processing of
manufacturing equipment in the installation is erected on or
after the effective date of these regulations. (Date will be
noted by reference number for each specific regulation.) This
definition is not intended to apply to a "modified installation"
where new control equipment is added to an existing installation.
In questionable cases, the determination of new plant shall be
made by the Department.
02B Visible Emissions from New Plants. No person shall cause,suffer,
allow or permit the discharge of emissions from any new plant or
building other than water in an uncombined form, which are visible
to human observers.
2
02C Visible Emissions from Existing and Modified Installations.
Existing and Modified Bituminous Concrete Manufacturing Plants.
No person shall cause, suffer, allow or permit the discharge of
emissions from any existing or modified bituminous concrete man-
ufacturing installation other than water in an uncombined form,
which are visible to human observers.
Other Existing and Modified Installations. No person shall cause,
suffer, allow or permit emissions from any other existing instal-
lation, modified installation or building that are darker in
shade or appearance than that designated as No. 1 on the Ringel-
mann Smoke Chart; or of such opacity as to obscure an observer's
view to a degree greater than does smoke designated as No. 1 on
the Ringelmann Smoke Chart.
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_02D Exceptions.
1. Subsections 02B and 02C shall not apply to emissions during
the building of a new fire, cleaning of fires, soot blowing,
start-up and process modification or adjustment, or occasional
cleaning of control equipment, the shade or appearance of which
is not darker than No. 2 on the Ringelmann Smoke Chart for a period
or periods aggregating no more than four minutes in any sixty
minutes.
2. Any person who believes that meeting the requirements of subsec-
tion 02B is not practical in a particular instance may request
an exception to the requirements of subsection 028. Such a
request shall be submitted to the Department in writing and in-
clude evidence to show why compliance is not practical. Based
on evidence presented and other information, the Department may
recommend to the Secretary that an exception be granted for a
period not exceeding pne year at a time under such stated terms
and conditions as the Secretary may determine, provided the ap-
pellant has shown that:
a. There presently are no practical ways or means available to
enable compliance with subsection 02B and;
b. When possible, he is participating vigorously and substan-
tially in activities directed toward finding or developing
ways and means which would make it practical to reduce or
eliminate visible emissions from the kind of plant wHfich is
at issue.
3. Subsection 02B shall not apply to emissions of the following:
a. From the burning of wood in fireplaces on premises used for
residential or recreational purposes;
b. From open fires (except salamanders) permitted under provi-
sions of subsections 018, QIC and 01D of this reg-
ulation.
4. The Control Officer may grant exceptions to 02C above under
the following conditions:
a. When the application of 02C to a residential building
housing two or less families creates undue-economic hardship
on individuals residing therein, or
b. When the installation's primary way of transferring heat is
by the radiant method rather than a piped fluid system such
as forced hot air, hydronic, or steam. Installations in this
category would include stoves, room heaters, floor or'wall
mounted circulating heaters or similar devices.
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(50.1) 03 CONTROL AND PROHIBITION OF PARTICIPATE MATTER EMISSIONS
(50.1) 03A General Conditions. All calculations of particulate matter emissions
shall be made in terms of grains per standard cubic foot dry exhaust
gas (gr/SCFD).
1. For fuel burning plants and installations calculations shall be
corrected to 50% excess air.
2. For incineration plants and installations calculations shall be
corrected to 12% carbon dioxide and as if no auxiliary fuel has
been used, except for pathological waste units which shall be
corrected to 3.5% carbon dioxide.
(51.5) 03B Control of Particulate Matter from Fuel Burning Plants and Installa-
tions.
1. General Conditions for Fuel Burning Plants and Installations.
a. When two or more fuel burning plants or installations are
connected to a single stack, the combined heat input of all
units connected to the stack shall be used to determine the
allowable emissions from all the stacks combined shall not
exceed that allowable for the same jnit if connected to a
single stack.
b. When a single fuel burning plant or installation is connected
to two or more stacks, the allowable emissions from all the
stacks combined shall not exceed that allowable for the same
unit if connected to a single stack.
2. New Fuel Burning Plants.3
a. No person shall cause, suffer,' allow or permit particulate
matter caused by the combustion of fuel in any new fuel burn-
ing plant to be discharged into the atmosphere in excess of
the amounts shown in Table 1.
(1) Effective October 1, 1972, no person shall cause, suffer,
allow or permit the combustion of residual fuel oil in
any new fuel burning plant with a fuel burning capacity
of less than 200 x 10 BID per hour unless such plant
is equipped with a dust collector, the collection effi-
ciency of which meets the requirements shown in Table 1.
(2) Effective immediately, no person shall cause, suffer,
allow or permit the combustion of solid fuel in any new
fuel burning plant unless such plant is equipped with a
dust collector with 99% or more efficiency or the com-
bustion of fuel oil in an oil burning installation with
a heat input greater than 200 x 10 BTU per hour, unless
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equipped with a dust collector with an efficiency
of 80% or more.
3. Existing and Modified Fuel Burning Installations.
No person shall cause, suffer, allow or permit parti.culate matter
caused by the combustion of fuel in any existing or modified fuel
burning installation to be discharged from any stack or chimney
into the atmosphere in excess of the hourly rate set'forth in the
following table. .
Heat input in Million Maximum.Allowable Discharge of
8TU per hour Particulate Matter in Pounds per
million BTU from Existing and Mod-
ified Fuel Burning Installations
Up to and including 10 0.60
•»10 to 100 0.35
;100 to 1000 0.20
Greater than 1000 0.12
For a heat input between any two consecutive heat inputs stated
in the preceding table, maximum allowable discharge of particu-
late matter is shown for existing and modified fuel burning in-
stallations on Figure 1. For the purposes hereof, heat input
shall be calculated as the aggregate heat content of all fuels
whose products of combustion pass through the stack or chimney.
4. Exceptions. The Control Officer may grant exceptions to 03B3
above under the following conditions:
a. When the application of subsection 03B3 to a residential
building housing two or less families creates undue economic
hardship on individuals residing therein,or
b. When the installation's primary way of transferring heat is
by the radiant method rather than a piped fluid system such
as forced hot air, hydronic, or steam. Plants in this cate-
gory would include stoves, room heaters, floor or wall mounted
circulating heaters, fireplaces or similar devices.
(51.9) 03C Particulate Matter from Incineration Plants and Installations.
1. New Incineration Plants.
»
a. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere particulate matter to exceed 0.10 gr/SCFD
from any new incineration plant that has a burning capacity
less than one ton of refuse per hour and is used to burn less
than one ton of refuse per hour and is used to burn less than
five tons of refuse per day.
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b. No person shall cause, suffer, allow or permit to be dis-
charged into the atmosphere particulate matter to exceed 0.03
gr/SCFD from any new incineration plant that has a burning
capacity equal to or greater than one ton of refuse per hour
or is used to burn five tons or more of refuse per day.
2. Existing and Modified Incineration Installations. No person
shall cause, suffer, allow or permit to be discharged into the
outdoor atmosphere from any existing or modified incinerator the
following:
a. From any existing or modified incinerator burning less than
200 pounds of refuse per hour, particulate matter to exceed
0.3 grain per standard cubic foot of dry flue gas.
b. From any existing or modified incinerator burning 200 or more
pounds of refuse per hour, particulate matter exceed 0.2 grain
per standard cubic foot of dry flue gas.
(51.1) 03D Particulate Matter from Agricultural Operations.
1. Particulate Matter from Grain Drying Installations.
a. No person shall cause, suffer, allow or permit the operation
of any grain drying installation unless equipped in such a
manner that all exhaust gases discharged pass through a 50_
mesh screen; or the installation is equipped with other e-
quipment or incorporated design features that will accomplish
the same or more effective results in reducing the discharge
of particulate matter.
b. Exceptions. Mobile type grain drying installations, with an
operating capacity of 500 bushels per hour or less, located
outside a town, village or city and at a distance greater
than 300 yards from a habitable dwelling or place of business,
shall be exempt from 03Dla provided no nuisance or air pol-
lution is created.
c. Mesh Sizing refers to the Tyler Standard Screen Scale.
2. Control of Orchard Heaters.
General. No person shall cause, suffer, allow or permit to be
used any type of orchard heater or other such frost control de-
vice which discharges into the atmosphere more than one gram per
minute of unconsumed carbonaceous matter.
(50.1.1) 03E Particulate Matter from Other Plants and Installations.
1. Other New Plant7
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a. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any other new process plant,
particulate matter in excess of 0.03 gr/SCFD.
b. The maximum allowable weight of particulate matter discharged
per hour from any. other new process plant shall not exceed
that determined from Table 2. Where the process weight per
hour falls between two velues in the table, the maximum weight
discharged per hour shall be determined by linear interpola-
tion. When the process weight exceeds 60,000 pounds per
hour, the maximum allowable weight discharged per hour wil_l_be
determined by the use of the following equation:
E = 55.0 P0>11 - 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
This limitation shall supersede the requirements of section
030Ela if it requires a lower emission rate per hour.
2. Other Existing and Modified Process Installations.
a.. Existing and Modified Bituminous Concrete Manufacturing
Installations. No person shall cause, suffer, allow or
permit to be discharged into the atmosphere from any ex-
isting or modified bituminous concrete manufacturing in-
stallation particulate matter in excess of 0.03 gr/SCFD.
b. Other Existing and Modified Installations.
(1) The maximum allowable weight of particulate matter
discharged per hour from any other existing or modified
process installation shall not exceed that determined
from Table 2. Where the process weight per hour falls
between two values in the table, the maximum weight
discharged per hour shall be determined by linear inter-
polation. When the process weight exceeds 60,000 pounds
per hour, the maximum allowable weight discharged per
hour will be determined by use of the following equation:
E =55.0 P0'11 - 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
(2) For those processes in which the process weight per hour
exceeds 60,000 pounds, the maximum allowable weight of
particulate matter discharged per hour may exceed that
calculated by the above equation providing that the con-
centration of particulate matter in the gases discharged
to the atmosphere is less than.0.05 gr/SCFD.
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(51.3) 03F Participate Matter From Materials Handling and Construction and Other
Acts.
1. No person shall cause, suffer, allow or permit any material to
be handled, transported, or stored; or a building, ,its appurten-
ances, or a road to be used, constructed, altered, repaired or
demolished without taking reasonable precautions to prevent par-
ti cul ate matter from becoming airborne. Such reasonable pre-
cautions shall include, when appropriate as determined by the
Control Officer, but not be limited to the following:
a. Use of water of chemicals for control of dust in the demol-
ition of existing buildings or structures, construction op-
erations, the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which
can create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to
enclose and vent the handling of dusty materials. Adequate
containment methods shall be employed during sandblasting of
buildings or other similar operation;
d. Covering, at all times when in motion, open-bodied vehicles
transporting materials likely to create air pollution. Al-
ternate means may be employed to achieve the same results as
would covering;
e. The paving of roadways and their maintenance in a clean con-
dition;
f. The prompt removal from paved streets of earth or other mat-
erial which has been transported thereto by trucks or earth
moving equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions orig-
inate.
04 CONTROL AND PROHIBITION OF GAS. VAPOR AND ODOR EMISSIONS
(2.0) Q4A General.
1. Odors. No person shall cause, suffer, allow or permit the dis-
charge into the atmosphere of gases, vapors, or odors beyond the
property line in such a manner that a nuisance or air pollution
is created.
2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard conditions.
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(51.6) 04B Sulfur Oxides from the Burning of Fuel. No person shall burn, sell
or make available for sale any fuel unless the following conditions
are met:
(1) The combustion of all solid fuels on a premise where the sum
total maximum rated heat input of all fuel burning equipment
located on the premise is 100 million BTU per hour or greater
shall not result in a total emission of oxides of sulfur in
excess of 3.5 pounds per million BTU actual heat input per
hour.
(2) On and after July 1, 1975, residual fuel oil, 2.0 percent.
(3) Distillate fuel oils, 0.3 percent.
(4) Process gas used as a fuel, 0.3 percent.
(50.2) 04C Sulfur Compounds from Other than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing more than 2,000 parts per million
by volume of sulfur dioxide. Any such installation constructed
after the effective date of these regulations (9) shall not dis-
charge into the atmosphere gases containing more than 500 parts
per million by volume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing sulfuric acid, sulfur trioxide, or
any combination thereof, greater than 70 milligrams ,per cubic
meter reported as sulfuric acid. Any such installation constructed
after the effective date of these regulations (10) shall not dis-
charge into the atmosphere gases continaing sulfuric acid, sul-
fur trioxide, or any combination thereof, greater than 35 milli-
grams per cubic meter reported as sulfuric acid.
(2.0) 04D Exceptions.
1. Fuels containing sulfur in excess of the amounts specified in
04B may be burned, sold, or made available for sale provided
control equipment to desulfurize stack gases has been installed
or other methods or devices are employed by the user or purchaser
such that the discharge of sulfur dioxide to the atmosphere does
not exceed 0.5 pounds per million BTU of heat input to the asso-
ciated installation in which such fuel is burned.
2. The Secretary may authorize the operation of a scavenger or rec-
overy plant to reclaim sulfur compounds which would otherwise be
discharged into the air provided the operation of such a scavenger
or recovery plant would reduce total discharge of sulfur compounds
at least 95% with said plant in operation compared to discharge
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when the aforementioned plant is not operating. Such authoriza-
tion may result in discharge of sulfur compounds whose concentra-
tion exceed those permitted by subsections 1 and 2 of 04C.
This subsection shall not apply to sulfuric acid manufacturing
operations.
(9.0) 04E Request for Analysis. Any person offering to sell or deliver fuel
or any person responsible for equipment in which fuel is burned shall,
upon request, submit to the Department or the Control Officer such
analyses of the fuel as may be required to determine compliance with
this section.
(50.6) 04F Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of an
installation primarily engaged in the reduction of offal or
vegetable oil unless all gases, vapors and gas-entrained matter
from said installation are:
a. First cooled to a temperature of not greater than 160°F and
then
b. The non-condensible fraction is incinerated at a termperature
of not less than 1400°F for a period of not less than 0.4
seconds.
c. Alternate methods may be used if determined by the Department
to be equally or more effective for the purpose of controlling
air pollution,
2. Any person processing or incinerating gases, vapors or gas-en-
trained matter as required by subsection 04F1 shall install,
operate and maintain in good working order and calibration, con-
tinuous recording devices for indicating temperature or pres-
sure or other operating conditions. Such devices shall be approved
by the Department and all data collected shall be made available
to the Department or the Control Officer for inspection or copy-
ing upon request of the Department. Such data shall be kept on
file by responsible persons for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or veg-
etable oil to be handled, transported or stored or to undertake
the preparation of any offal or vegetable oil without taking
reasonable precautions to prevent odors from being discharged.
Such reasonable precautions, when approved by the Department, shall
include but not be limited to the following:
a. Storage of all offal or vegetable oil prior to or in the pro-
cess of preparation in properly enclosed and vented equipment
or areas, together with the use of effective devices and/or
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methods to prevent the discharge of odors or odor bearing
gases.
b. Use of covered vehicles of watertight construction for the
handling and transporting of offal or vegetable oil .
c. Use of hoods and fans to enclose and vent the storage, hand-
ling, preparation and conveying of any odorous materials to-
gether with effective devices and/or methods to prevent e-
mission of odors or odor bearing gases.
4. Whenever the emissions from an installation primarily engaged in
the reduction of offal or vegetable oil create a nuisance or air
pollution, beyond the property line, the Department ,,may require
that the building in which such installation is located be tight-
ly closed and vented so that all emissions are treated by incin-
eration or by other methods if determined by the Department to
be equally or more effective for the purpose of controlling emis-
sions.
5. The requirements of this subsection _ 04F shall not apply to any
installation engaged exclusively in the processing of food for
human consumption.
(51.7) _ 04G Nitrogen Oxides From New Fuel Burning Equipment.^
1. No person shall cause, suffer, allow or permit the discharge of
nitrogen oxides into the atmosphere, from any new fuel burning
equipment having a heat input rating of 250 million British
Thermal Units (BTU) per hour, or more, in excess of the follow-
ing rates:
a. 0.20 pounds per million BTU heat input, maximum ±wo hour av-
erage, expressed as N0? when gaseous fuel is burned.
b. 0.30 pounds per million BTU heat input, maximum two hour av-
erage, expressed as N02 when liquid fuel is burned.
c. 0.50 pounds per million BTU heat input, maximum two hour av-
erage, expressed as NO- when solid fuel is burned.
_ 04H Nitrogen Oxides from Nitric Acid Plants.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant, (12) nitrogen
oxides in excess of 5.5 pounds per ton of acid (100 percent basis)
produced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant, (13) nitrogen ox-
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ides in excess of 3.0 pounds per ton of acid (100 percent basis)
produced.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in
this section 05 only, the following definitions shall apply.
1. Sulfur Oxides
Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
specified herein, shall be taken to indicate the concentration
of sulfur oxides.
2. Particulate Matter
Particulate matter includes the substances collected from and/or
settling out of the atmosphere by use of the measurement proce-
dures prescribed herein for suspended particulate matter and dust-
fall, respectively.
3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, exclud-
ing methane, whose molecules consist primarily of atoms of hydro-
gen and carbon and exist in the ambient air in the gaseous state.
Specifically excluded are hydrocarbons and other organic compounds
associated only with suspended particles in the atmosphere. For
•purpose of these air quality standards, non-methane hydrocarbons
shall be taken to be the difference between the reported total
hydrocarbons and methane values measured by the methods specified
herein.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
air as the result of complex photochemical reactions. Because
these reactions depend on sunlight, only those oxidant concentra-
tions occurring between 11 a.m. and 5 p.m. EST are considered to
be of photochemical origin.
05B Precepts.
1. It is known that concentrations of air pollutants above certain
levels are harmful to the health of man. However, the threshold
level at which adverse effects on man's health begin are not
• known with precision. It must be presumed that adverse effects
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over a long time period take place at concentrations lower than
those now known to produce adverse effects over short-time peri-
ods. Therefore, in establishing air quality standards, it is
prudent to provide for margins of safety in reaching conclusions
based on such data as are available which relate health effects
to pollutant levels.
2. An ambient air quality standard which would result in avoidable
degradation of air quality is in conflict with applicable State
' law.
3. The ambient air quality standards set forth herein represent goals
expressed in terms of limits on the duration and concentration
of pollutants in the atmosphere which are not to be contravened.
The ambient air quality standards shall be achieved through ap-
plication, under provisions or laws or regulations or otherwise,
of ways and means for reducing pollutant concentrations including
but not limited to removal of air pollutants from exhaust gas
streams, fuel and process material changes, equipment changes,
and land use management.
_05C Primary Ambient Air Quality Standards for All Substances Which May
Cause A1r Pollution and Control Measures To Be Required.
1. The primary ambient air quality standards for all substances
which may cause air pollution shall be those lowest concentra-
tions attainable by application of all reasonably available ways
and means for reducing pollutant concentrations in the ambient
air. In situations of time and place wherein the lower concen-
trations of any substance in the "more adverse range" as-set forth
herein are not exceeded, or when there is no standard for the
"more adverse range", the "serious level" is not exceeded, all
necessary ways and means shall be required for minimizing increas-
es in concentrations of such substances in the ambient air, to
the end that said concentrations shall not be exceeded in the
future.
2. No statement, numerical standard, or time limit, contained else-
where in ambient air quality standards shall be interpreted as
mitigating in any way the necessity for and the reasonableness
of applying all reasonably available ways and means for reducing
pollutant concentrations in the ambient air.
_05D Secondary Ambient Air Quality Standards
1. General.
Secondary ambient air quality standards are presented in two cat-
egories: the more adverse range and the serious level. The con-
centrations denoting each category for various pollutants- are
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presented in Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range.
When ambient air concentrations of any pollutant listed in Table
3 are in the more adverse range, as set forth in Table 3, the
application of all necessary ways and means for reducing such
concentrations shall be required and th£ time schedule for their
implementation shall be based on the premise that the pollutant
concentrations are progressively to be reduced to the lower lev-
els or less as set forth in Table 3, within the shortest reason-
able time. Such reasonable time should not exceed seven years
or such shorter time as may be specified under provisions of the
Federal Clean Air Act.
3. Air Pollution Control Measures To Be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table
3 exceed the serious level, as set forth in Table 3, the applica-
tion of all necessary ways and means shall be required for reduc-
ing such concentrations. The ways and means required and the
time schedule for their implementation shall be based on the pre-
mise that the pollutant concentrations are progressively to be
reduced to levels lower than the serious level concentrations set
forth in Table 3 in the shortest possible time. If ambient air
concentrations exceed the serious levels specified in Table 3 as
of the year 1971, such concentrations should be reduced to less
than the serious levels by not later than the end of calendar year
1974. If, in the future, ambient air concentrations first exceed
the serious level, such shortest time should not exceed three
years from the year in which the serious level is first exceeded,
or such shorter time, if any, as may be required under provisions
'of Federal law or regulations. In determining the ways and means
to be required for reducing pollutant concentrations, matters of
economics and private interests and other factors shall be sub-
ordinate considerations to the necessity of achieving the stand-
ards, for protection of the public health. Additionally, if
standards have been adopted for the more adverse range, measures
for reducing concentrations of the pollutant further below the
serious level shall be instituted in accordance with provisions
of paragraph 05D2.
4. Measurement of Ambient Air Quality to Compare to the Standards.
a. The method of measurement for each pollutant listed shall be
the method specified in the Federal Register, Vol. 36, No.
84, Part III, April 30, 1971. Other methods may be used if
they have been demonstrated to be equally or more specific,
accurate, sensitive, and reproducible. Other less specific
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methods of measurement may be used provided a relationship
is developed between results obtained by such method and the
method specified and provided that the results are interpreted
in terms of equivalence to those that would be expected using
the listed methods, or other equally or more specific, accu-
rate, sensitive, reproducible methods. Results shall be ex-
pressed as micrograms or milligrams of the pollutant oer cu-
bic meter of air, at 25 degrees Centigrade and 760 millimetecs
of mercury pressure except as specifically noted in Table 3.
Such values may be converted to parts per million by volume
(ppm) by utilizing the appropriate conversion factor listed
in Table 3.
b. Number and Duration of Measurements
(1) General. The measurements to be taken to compare to the
standards shall be made at the frequency and for the
duration as noted in the following appropriate sub-par-
agraphs.
(2) Annual arithmetic averages shall be based on results
from at least 52 sampling periods representing 24 hour
periods, distributed throughout the year so as to ade-
quately reflect the true annual average. The second
highest daily average value so obtained shall be used
to relate to the standards expressed as maximum exceeded
once per year.
(3) Daily averages shall be based on measurements made dur-
ing more than 50 percent of the time period represented.
Daily averages may also be determined on the basis of a
compilation of hourly averages determined as described
in (6) below.
(4) Eight-hour averages shall be based upon measurements rep-
resenting at least 55 percent of the designated eight-hour
time periods. Eight-hour averages may also be 'determined
on the basis of a compilation of eight hourly averages
during designated time periods as described in (6) below.
(5) Three-hour averages shall be based upon measurements
representing at least 55 percent of the period. Three-
hour averages may also be made on the basis of a compil-
ation of three individual hourly averages determined as
described in (6) below.
(6) Hourly averages shall be based on at least seven momen-
tary indications of the actual concentration during the
hour or any more nearly complete representation of ac-
tual concentrations.
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(7) Five-minute averages shall be based on samples repre-
sentative of the total period. However, after a rela-
tionship has been developed between the maximum five-
minute average and any other available averaging time,
the relationship may be used to calculate maximum five-
minute average values from such other averaging time
data.
c. Location of Measurements'
Measurements of air pollutants may be made at any place where
air pollution could exist.
_05E Secondary Ambient Air Quality Standards for Fluorides.
1. Ambient air quality standards for fluorides at the more adverse
and serious levels shall be those concentrations in the ambient
air which result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per
gram dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn or sorghum
intended for grain shall not, at time of tassel ing,
exceed 35 micrograms F per gram dry tissue in washed
samples.
(2) Any field crops intended for market as hay, silage or
forage shall not exceed 40 micrograms F per dry tissue
in unwashed samples as marketed.
(3) Other field crops at any stage of growth shall not ex-
ceed 50 micrograms F per gram dry tissue in washed samp-
les.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay
or silage grown in the area as feed shall not exceed 40
micrograms F per gram dry tissue in unwashed samples.
(2) The average of any two consecutive months samples of
forage or hay or silage grown in the area as feed shall
not exceed 60 micrograms F per gram dry tissue in un-
washed samples.
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d. Fruit Trees, Berries and Other Commercial Crops
Fully expanded fuctional leaves shall not exceed 50 'micro-
• grams F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs
Fully expanded functional leaves shall not exceed 100 micro-
grams F per gram dry tissue in washed samples.
f. Conifers and Evergreen Trees or Shrubs
Fully expanded leaves or needles of the current year shall
not exceed 50 micrograms F per gram dry tissue in washed sam-
ples. Leaves and needles of prior seasons shall not exceed
75 micrograms F per gram dry tissue in washed samples.
g. Grasses and Herbs
Grasses and herbs not subject to browsing, grazing or harvest
for use in feeds or food shall not exceed 150 micrograms F
per gram dry tissue in washed samples.
h. Ornamental Plantings
Ornamental plantings, except trees, shrubs and turf inhere
05Eld, 05Ele, OSElf, and OSElg apply, shall not
exceed 40 micrograms F per gram dry tissue in fully expanded
leaves, in washed samples, at any period during the growing
season.
i. Other Values
When vegetation sampling is deemed by the Department'to be
not practicable, unsatisfactory conditions may be assumed to
exist by the Department if either:
(1) Static limed filter paper samples of 28 to 32 day expos-
ure exceed five micrograms F per 100 square centimeters
per day or,
(2) Gaseous fluorides exceed two micrograms F per cubic
meter of air in any 24 hour sample and any 72 hour av-
erage exceeds 0.4 micrograms F per cubic meter of air.
2. Air Pollution Control Measures To Be Required. When and where
concentrations of fluoride cause any of the values set forth in
05E1 to be exceeded, the application of all necessary *rays and
mea'ns shall be required for reducing such concentrations. The
ways and means to be required and the time schedule for ttoeir im-
plementation shall be based on the premise that fluoride ^oncen-
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trations are progressively to be reduced in the shortest possible
time to levels that will not cause the values in subsection 05E1
to be exceeded.
3. Measurement of Fluoride. Methods for measuring the fluoride con-
tent of any plant tissue shall be by suitable modification of the
Willard and Winter method (ref. Willard, H.H. and Winter, O.B. Vol-
umetric Method for Determination of Fluorine. Ind^ Eng. Chem.
Anal. Ed. 5: 7-10, 1933) such as:
Weinstein, L.H., R.H. Mandl, D.C. McCune, J.S. Jacobson, and
A.F. Hitchcock, Semi-Automated Analysis of Fluoride in Bio-
logical Materials. J. Air Poll. Control Assoc. 15: 222-5,
1965.
Results are expressed on a dry weight basis in washed and unwashed
samples as noted. Micrograms F per gram dry tissue means micro-
grams of fluoride as the ion, per gram of dry material. Methods
of measuring gaseous air samples shall be by the carbonate tube
method or the dual tape method by Weinstein et al ref:
Weinstein, L.H. and R.H. Mandl. The Separation and Collection
of Gaseous and Particulate Fluoride. VDI Berichte. 164, 1970.
Other methods may be used if they have been demonstrated to be
equally or more specific, accurate, sensitive, and reproducible
and if first approved by the Department.
(2.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained
in such a manner that a nuisance or air pollution is created. Noth-
ing in this regulation shall in any manner be construed as authoriz-
ing or permitting the creation of or maintenance of a nuisance or air
pollution.
06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting
in a reduction in the total weight of emissions, conceals or dilutes
an emission which would otherwise constitute a violation of any ap-
plicable air pollution control regulation.
06C Refuse Burning Prohibited in Certain Installations. No person shall
burn refuse in any plant, installation or equipment not specifically
designed, constructed or modified for that purpose.
06D Prohibition of Certain New Fuel Burning Plants.
No person shall contruct a new fuel burning plant designed for
use of residual fuel oil in which any individual furnace has a
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rated heat input of less than five million BTtl per hour nor shall
residual fuel oil be used at any time in any new fuel burning
plant having a rated heat input of less than five million-Bill
per hour.
2. No person shall construct a new fuel burning plant designed for
use of coal in which any individual furnace has a rated heat
input of less than 250 million BID per hour nor shall coafc be used
at any time in any new fuel burning plant having a rated heat in-
put of less than 250 million BTU per hour.
06E Control of Sources of Fluoride Emissions.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere of fluorides from any installation in such combin-
ations and in such amounts that any provision of the ambient air
quality standards for fluorides set forth in 05E is corctrovened.
2. Surveillance
a. Existing Installation Surveillance Program.
A person responsible for an installation discharging fluorides
shall conduct a continuing environmental surveillance program,
in a manner approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
b. New Installation Surveillance Program.
No "Permit to Construct" will be issued for any new potential
source of fluoride emissions until the applicant has conduct-
ed a survey of background levels of fluoride in the environ-
ment in a manner and to an extent approved by the Department.
Applicants for a "Permit to Operate" shall be subject to the
requirements of 06E2a.
c. Reporting.
All data collected by the environmental programs and surveys
of fluorides, required by this subsection, shall be maintained
and made available to the Department in a manner and on a
schedule approved by the Department. Such data shall be a-
vailable to the pub!ic.
d. Modification of Surveillance Programs.
Any modification to the environmental programs and surveys,
required under this subsection, must be approved by the De-
partment. Such modification may be initiated by the Depart-
ment.
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(2.0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Plans for Compliance. All plans for compliance with regula-
tions 43P03 as it became effective on January 28, 1969, which have
been approved by the Secretary shall be evaluated by the Department.
Any part of such plans which the Department determines relate to an
installation which is subject to more restrictive emission control
requirements under the terms of this amended regulation 10.30.37,
as compared to the respective requirements of regulation 43P03 as it
became effective on January 28, 1969, will be null and void. If a
plan for compliance is declared null and void, an amended plan may
be submitted to the Department.
,4.
Previous Regulations Remain in Effect in Certain Cases. Provisions
of regulation 43P03 as adopted on January 28, 1969 shall remain in
effect with regard to installations, plants and matters dealt with
in these amendments until the effective dates provided for by- these
amendments are applicable to the respective plants, installations
or matters.
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Maryland State Department of Health and, Mental Hygiene
301 West Preston Street1
Baltimore, Maryland 21 §01
(As Amended Through March 13, 1972)
10.03.38 Regulations Governing the Control of Air Pollution in Area
-------
8. Exceptions. Methods of disposal by burning acceptable to the
Department may be approved for use when distance limitations
cannot be met.
9. A permit may be granted for fires set in the course of agri-
cultural operations in growing crops or raising fowl or animals
or in accepted forestry practice, when distance limitations
cannot be met. In no case shall this provision be construed
as allowing the burning of ordinary household or barnyard trash
in areas where provision is made for public collection of refuse.
JOIC Public Officers May Authorize Certain Fires. Public officers, in the
performance of their official duties, may set an open fire or give
permission for an open fire, with concurrence of the Control Officer,
provided all reasonable means are employed to minimize smoke and if
the fire is necessary for one or more of the following reasons or
purposes:
1. For prevention of a fire hazard that cannot be abated by other
means.
2. For the instruction of public fire fighters or industrial employ-
ees under supervision of the appropriate fire control official.
3. For the protection of public health or safety when other means
for disposing of hazardous materials are not available.
_01D Allowed Open Fires. Open fires otherwise in conformance with other
governmental fire control ordinances and provided no nuisance or
air pollution is created, are allowed without permission as follows:
1. In those areas where no provision is made for public collection
of leaves, burning of leaves originating on the premises, by
householders, is permitted provided that no nuisance is created
and that:
a. The fires are located no closer than 300 feet from any neigh-
boring habitable dwelling or place where people work or con-
gregate.
b. The effective date of this provision is July 1, 1972.
2. In those areas where no provision is made for public collection
of refuse, burning of ordinary household trash (I.I.A. Waste
types 0 and 1 only) originating on the premises, excluding
commercial establishments, by householders is permitted provided
that:
a. The fires are located no closer than 300 feet from any neigh-
boring habitable dwelling or place where people work or con-
gregate.
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b. Materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Ringelmann
Smoke Chart).
3. Cooking of food on other than commercial premises.
4. Recreational purposes, such as campfires.
5. Oil or gas fired salamanders or similar devices designed speci-
fically for space heating or warming of outdoor workers, etc.,
provided no visible emissions are created.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS
02A Visible Emissions. No person shall cause, suffer, allow or permit
the discharge of emissions from any installation or building, other
than water in an uncombined form, which are visible to human observers,
02B Exceptions.
1. Subsection 02A shall not apply to emissions during the build-
ing of a new fire, cleaning of fires, soot blowing, start-up, any
process modification or adjustment, or occasional cleaning.or
control equipment, the shade or appearance or which is not darker
than No. 2 on the Ringelmann Smoke Chart, or of such opacity as
to obscure an observer's view to a degree not greater than does
smoke designated as No. 2 on the Ringelmann Smoke Chart, for a
period or periods aggregating no more than four minutes inrany
sixty minutes.
2. Any person who believes that meeting the requirements of subsec-
tion 02A above is not practical in a particular instance may
request an exception to the requirements of subsection 02A.
Such a request shall be submitted to the Department in writing
and include evidence to show why compliance is not practical.
Based on evidence presented and other information, the Department
may recommend to the Secretary that an exception be granted for
a period not exceeding one year at a time under such stated terms
and conditions as the Secretary may determine, provided the appe-
llant has shown that:
a. There presently, are no practical ways or, means availabfe to
enable compliance with section 02A and;
b. When possible, he is participating vigorously and substanti-
ally in activities directed toward finding or developing ways
or means which would make it practical to reduce or eliminate
visible emissions from the kind of installation which is at
issue.
3. Subsection 02A shall not apply to emissions of the following:
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b.
c.
From those incinerators that are to be phased out under
provisions of subsection 06C;
From the burning of wood in fireplaces on premises used for
residential or recreational purposes;
fires (except salamanders) permitted under provi-
ubsections 01B, QIC and 010 of this reg-
From open . ., ^_ v_,>v.
sions of subsections
ulation.
(50.1)
(50.1)
(51.5)
_03 CONTROL AND PROHIBITION OF PARTICULATE MATTER EMISSIONS
_03A General Conditions.
1. Calculations. All calculations of particulate matter emissions
shall be made in terms of grains per standard cubic foot of dry
exhaust gas (gf/SCFD).
a. Adjustment shall be made as if 50 percent excess air had been
used in fuel burning equipment.
b. Calculations made for incinerator emissions shall be adjusted
to 12 percent carbon dioxide and calculated as if no auxiliary
fuel has been used, except for pathological waste units which
shall be corrected to 3.5 % carbon dioxide.
2. For the purposes of these regulations:
a. "Existing installation" shall mean those erected prior to the
effective date of these regulations. (Date will be noted by
reference number on each specific regulation.)
b. "New installations" shall mean those erected on or after the
effective date of these regulations. (Date will be noted by
reference number on each specific regulation.)
_03B Control of Particulate Matter from Fuel Burning Installations.
1. Residual Fuel Oil Burning Installations. No person shall cause,
suffer, allow or permit particulate matter caused by the combus-
tion of residual fuel oil to be discharged into the atmosphere
in excess of the amounts shown and in accordance with the effec-
tive dates set forth in Table 1.
2. Solid Fuel Burning Installations. No person shall cause, suffer,
allow or permit particulate matter caused by the combustion of
solid fuel to be discharged into the atmosphere in excess of the
amounts shown and in accordance with the effective dates set forth
in Table 1.
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3. Distillate Fuel Oil Burning Installations. No person shalhcause,
saffer, allow or permit the burning of distillate fuel oils'in
such a manner that discharges to the atmosphere exceed the amounts
shown and in accordance with the effective dates set forth in
Table 1.
4. Exceptions. The control officer may grant exceptions to 03B2
and 03B3 above under the following conditions:
,a. When the application of either requirement to a residential
building housing two or less families creates undue- economic
hardship on individual families residing therein, or,
b. When the installation's primary way of transferring*heat is
by the radiant method rather than a piped fluid system such
as forced hot air, hydronic, or steam. Installations in this
category would include stoves, room heaters, floor or wall
mounted circulating heaters, fireplaces or similar devices.
5. Dust Collection Devices Required. No person shall cause, suffer,
allow or permit the combustion of residual fuel oil or solid fuel
in a fuel burning installation unless such installation is equipped
with a dust collector, the collection efficiency of which meets
the requirements shown in Table 1. This subsection shall become
effective on the dates shown in Table 1.
(51.9) 03C Particulate Matter from Incinerators. No person shall cause, suffer,
allow or permit to be discharged into the outdoor atmosphere from any
incinerator, particulate matter to exceed 0.03 gr/SCFD on or after
July 1, 1973.
(51.1) 030 Particulate Matter from Grain Drying Installations.
1. No person shall cause, suffer, allow or permit the operation of
any grain drying installation unless equipped in such a manner
that all exhaust gases discharged pass through a 50_ mesh screen;
or the installation is equipped with other equipment or incorpor-
ates design features that will accomplish equal or more-effective
results in reducing the discharge of particulate matter.
2. Exceptions. Mobile type grain drying installations with an
operating capacity of 500 bushels per hour or less, located out-
side a town, village or city and at a distance greater than 300
yards from a habitable dwelling or place of business shall be
exempt from 03D1, provided no nuisance or air pollution is
created.
3. Mesh sizing refers to the Tyler Standard Screen Scale.
(50.1.1) 03E Particulate Matter from Other Installations.
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1. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any other installation, parti-
culate matter in excess of 0.03 gr/SCFD.
2. The maximum allowable weight of particulate matter discharged
per hour from other installations shall not exceed that determined
from Table 2. Where the process weight per hour falls between
two values in the table, the maximum weight discharged per hour
shall be determined by linear interpolation. When the process
weight exceeds 60,000 pounds per hour, the maximum allowable weight
discharged per hour will be determined by the use of the follow-
ing equation:
0.11
E = 55.0 P - 40
Where- E = Maximum weignt discharged/hour (Ibsj
P = Process weight rate in tons/hour
This limitation shall supersede the requirements of section
03E1 if it requires a lower emission rate per hour.
(51-3) 03F Particulate Matter from Materials Handling and Construction.
1. No person shall cause, suffer, allow or permit any material to
be handled, transported, or stored; or a building, its appur-
tenances, or a road to be used, constructed, altered, repaired
or demolished without taking reasonable precautions to prevent
particulate matter from becoming airborne. Such reasonable pre-
cautions shall include, when appropriate as determined by the
Control Officer, but not be limited to the following:
a. Use of water or chemicals for control of dust in the demo-
lition of existing buildings or structures, construction
operations, the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which
create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to
enclose and vent the handling of dusty materials. Adequate
containment methods shall be employed during sandblasting of
buildings or other similar operations;
i
d; Covering, at all times when in motion, open-bodied vehicles
tranporting materials likely to create air pollution. Alter-
nate means may be employed to achieve the same results as
would covering;
e. The paving of roadways and their maintenance ina clean condi-
tion.
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f. The prompt removal from paved streets of earth or other
material which has been transported thereto by trucks or
earth moving equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions orig-
inate.
04 CONTROL AND PROHIBITION OF GAS. VAPOR AND ODOR EMISSIONS
(2.0) 04A General.
1. Odors. No person shall cause, suffer, allow or permit the dis-
charge into the atmosphere of gases, vapors or odors beyond the
property line in such a manner that a nuisance or air pollution
is created.
2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard condition.
(51.6) 04B Sulfur Oxides From the Burning of Fuel. No person shall burn, sell
or make available for sale any fuel unless the following1conditions
are met:
1. On and after the effective date of this regulation, (1) all fuels
shall contain 1% or less sulfur by weight.
2. On and after July 1, 1972, distillate fuel oils shall contain
0.3% or less sulfur by weight.
(50.2) 04C Sulfur Compounds From Other Than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing more than 2,000 parts per million
by volume of sulfur dioxide. Any such installation constructed
on or after the effective date of these regulations (2) shall not
discharge into the atmosphere gases containing more than 500 parts
per million by volume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning install-
ations of gases containing sulfuric acid, sulfur trioxide, or
any combination thereof, greater than 70 milligrams per cubic
meter reported as sulfuric acid. Any such installation construct-
ed on or after the effective date of these regulations (3) shall
not discharge into the atmosphere gases containing sulfuric acid,
sulfur trioxide, or any combination thereof, greater than 35 milli-
grams per cubic meter reported as sulfuric acid.
(2.0) 04D Exceptions.
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1. Fuels containing sulfur in excess of the amounts specified in
_ 048 may be burned, sold, or made available for sale provided
control equipment to desulfurize stack gases has been installed
or other methods or devices are used such that the discharge of
sulfur dioxide to the atmosphere does not exceed 0.5 pounds per
million BID of heat input to the associated installation in which
such fuel is burned.
2. The Secretary may authorize the operation of a scavenger or re-
covery plant to reclaim sulfur compounds which would otherwise
be emitted into the air provided the operation of such scavenger
or recovery plan would reduce total emission of sulfur compounds
at least 95% with said plant in operation compared to emissions
when the aforementioned plant is not operating. Such authoriza-
tion may result in emissions of sulfur compounds whose concentra-
tions exceed those permitted by subsections 1 and 2 of 04C.
This subsection shall not apply to sulfuic acid manufacturing
operations.
(9.0) 04E Request for Analysis. Any person offering to sell or deliver fuel
or any person responsible for equipment in which fuel is burned shall,
upon request, submit to the Department or the Control Officer such
analyses of the fuel as may be required to determine compliance with
this section.
(50.6) 04F Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of any
installation primarily engaged in the reduction of offal or veg-
etable oil unless all gases, vapors and gas-entrained matter from
said installation are:
a. First cooled to a temperature of not greater than 160° Fah-
renheit and then
b. The non-condensible fraction is incinerated at a temperature
of not less than 1400° Fahrenheit for a period of not less
than 0.4 second.
c. Alternate methods may be used if determined by the Department
to be equally or more effective for the purpose of control-
ling air pollution.
2. Any person processing or incinerating gases, vapors or gas-
entrained matter as required by subsection 04F1 shall install,
operate and maintain in good working order and calibration, con-
tinuous recording devices for indicating temperature, or pres-
sure or other operating conditions. Such devices shall be ap-
proved by the Department and all data collected shall be made
available to the Department or the Control Officer for inspection
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or copying upon request of the.Department. Such data shall be
kept on file by responsible persons for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or veg-
etable oil to be handled, transported or stored or to undertake
the preparation of any offal or vegetable oil without taking
reasonable precautions, when approved by the Department, shall
include but not be_limited to the fotlowing:
a. Storage of all offal or vegetable oil, prior to..or in the
process of preparation, in properly 'enclosed and vented equip-
ment or areas, together with the use of effective devices
and/or methods to prevent the discharge of odors or odor
bearing gases.
b. Use of covered vehicles or containers of watertight construct-
ion for the handling and transporting of offal or vegetable
oil.
c. Use of hoods and fans to enclose and vent the storage, hand-
ling, preparation and conveying of any odorous materials to-
gether with effective devices and/or methods to'prevent
emissions of odors or odor bearing gases.
4. Whenever the emissions from an installation primarily engaged in
the reduction of offal or vegetable oil create a nuisance or air
pollution, beyond the property line, the Department way require
that the building in which such installation is located be vented
so that all emissions are treated by incineration or by other
methods if determined by the Department to be equally or more
effective for the purpose of controlling emissions.
5. The requirements of this subsection 04F shall not^ apply to any
installation engaged exclusively in the processing of food for
human consumption,
(51.7) 046 Nitrogen Oxides from Fuel Burning Equipment.
1. New Fuel Burning Equipment. ' No person shall cause, suffer,
allow or permit the discharge of nitrogen oxides into the atmos-
phere, from any new fuel burning equipment having a heat in-
put rating of 250 million British Thermal Units (BTU) per hour
or more, in excess of the following rates:
a. 0.20 pounds per million BTU heat input, maximum two hour
average, expressed as N0~ when gaseous fuel is burned.
b. 0.30 pounds per million BTU heat input, maximum two hour
average, expressed as NOp when liquid fuel is bunned.
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c. 0.50 pounds per million BTU heat input, maximum two hour
. average, expressed as N02 when solid fuel is burned.
(51.10) °4H Nitrogen Oxides from Nitric Acid Plants .
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant, (6) nitrogen oxides
in' excess of 3.0 pounds per ton of acid (100 percent basis), pro-
duced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant, (7) nitrogen
oxides in excess of 5.5 pounds per ton of acid (100 percent basis)
produced.
(50.5) 041 Carbon Monoxide From Other Than Fuel Burning Installations .
1. No person shall cause, suffer, allow or permit the discharge of
carbon monoxide gas generated during the operation of a grey iron
cupola, blast furnace, or basic oxygen ?teel furnace into the
atmosphere unless the gas is burned with excess oxygen at 1300°
or more for 0.3 seconds or longer in a direct flame afterburner
or Department approved equivalent control method which reduced
the concentration of carbon monoxide in the effluent to 1% by
volume or less. The control method shall be equipped with an
indicating pyrometer readily visible to the operator.
2. No person shall cause, suffer, allow or permit the discharge of
a carbon monoxide waste gas stream from any catalyst regeneration
of a petroleum cracking system, petroleum fluid coker, or other
petroleum process into the atmosphere, unless the waste gas stream
is burned with excess oxygen at 1300° or more for 0.3 seconds or
longer in a direct flame afterburner or Department approved equiv-
alent control method which reduces the concentration of car-
bon monoxide in the effluent to 1% by volume or less. The control
method shall be equipped with an indicating pyrometer positioned
' in the working area readily visible to the operator.
3. No person shall cause, suffer, allow or permit the discharge of
carbon monoxide gas from any installation which, without emission
control measures, would discharge carbon monoxide gas at a rate
exceeding 500 pounds per day and at a concentration exceeding 12%
by volume, unless the carbon monoxide gas is burned with excess
oxygen at 1300°F or more for 0.3 seconds or longer in a direct
flame afterburner or Department approved equivalent control meth-
od which reduces the concentration of carbon monoxide in the
effluent to 1% by volume or less. The control method shall be
equipped with an indicating pyrometer readily visible to the
operator.
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4. Exceptions: Paragraph 3 shall not apply to;
a. Coking process equipment used directly in the manufacture of
metallurgical coke by the pyrolysis of coal in the absence of
air.
b. Process equipment designated in paragraphs 1 and 2 above.
(50.4) 040 Hydrocarbons From Other Than Fuel Burning Installations .
1. Definitions for purposes of these regulations:
a. "Architectural Coating" shall mean any coating used for residen-
tial, commercial or industrial buildings and their appurtenances
b. "Motor Vehicle Fuel" shall mean motor vehicle fuel as defined
in Article 56, Section 135 (b) of the Annotated Code of Mary-
land.
c. "Organic Material" shall mean chemical compounds,of carbon
excluding carbon monoxide, carbon dioxide, carbonic acid, metal-
lic carbonates, metallic carbides and ammonium carbonates.
d. "Organic Solvent" shall mean any organic material which is
liquid at standard conditions and which is used as a dissolver,
viscosity reducer or cleaning agent.
e. "Photochemically Reactive Organic Solvent" shall
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f. "Reid Vapor Pressure" shall mean the absolute pressure in
pounds per square inch determined at 100° F. and v/1 = 4
(ratio of vapor volume to liquid volume, as defined in ASTM
designation D 323-58) by using apparatus and procedures as
standardized under the auspices of the American Society for
Testing and Materials.
g. "True Vapor Pressure" shall mean the absolute pressure in
pounds per square inch determined at storage conditions.
Storage conditions shall be taken as the average monthly tem-
perature to a maximum average temperature of 78° F. (Average
storage temperature for May through September). True vapor
pressure shall be determined by measurement at the storage
conditions or by use of a nomograph, published by the Coord-
inating Research Council and included with these regulations
as Figure 1, relating true vapor pressure to Reid vapor pres-
sure and storage temperature.
h. "Vapor Balance Line" shall mean any connection closed to the
atmosphere'between the vapor space of two storage containers
that will allow the vapors to be displaced as the liquid is
transferred from one tank to another.
2. Organic Material.
a. After January 1, 1973, no person shall cause, suffer, allow or
permit organic material having a true vapor pressure in the
range of 1.5 to 11 psi inclusive to be placed, stored or held
in any existing stationary tank reservoir with a capacity of
greater than 65,000 gallons, or in any new stationary tank
reservoir with a capacity of greater than 40,000 gallons un-
less the tank is equipped with one or more of the following
organic material vapor control devices, properly installed,
well-maintained and in operating condition.
(1) A floating roof resting on the surface of the liquid con-
tents equipped with a closure seal, or seals, to close
the space between the roof edge and tank wall, and in
addition, all tank gauging and sampling devices shall be
gas-tight except when in use, or
(2) A pressure tank system maintaining a pressure at all
times so as to prevent organic material loss to the at-
mosphere, or
(3) A vapor recovery system capable of collecting the organic
materials emitted from the tank and disposing of these
emissions so as to prevent their emission to the atmos-
phere, and in addition, all tank gauging and sampling
devices shall be gas-tight except when in use, or
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(4) Other equipment equal or greater in efficiency to those
devices listed above, and approved by the Department,
b. After January 1, 1973, no person shall cause, suffer, allow or
ptrmit organic materials having a true vapor pressure greater
than 11 psi to be placed, stored or held in any existing sta-
tionary tank reservoir with a capacity of greater than 65,000
gallons, or in any new stationary tank reservoir with a capac-
ity greater than 40,000 gallons unless equipped with one of
the following organic material vapor'control devices properly
installed, well-maintained and in operating condition:
(1) A pressure tank system maintaining a pressure at all
times so as to prevent organic material loss to the at-
mosphere, or
(2) A vapor recovery system capable of collecting the organ-
ic materials emitted from the tank and disposing of these
emissions so as to prevent their emission to the atmos-
phere, and in addition, all tank gauging and sampling de-
vices shall be gas-tight except when in use, or
(3) Other equipment equal or greater in efficiency to those
devices listed above, and approved by the Department.
c. After January 1, 1974, no person shall cause, suffer, allow or
permit organic material with a true vapor pressure ?of 1.5 psi
or greater to be loaded into any tank truck, tank trailer or
other contrivance from any existing loading system-on any
premise at which the total daily throughout (1/300 of actual
annual throughput) exceeds 40,000 gallons or from any new load-
ing system on any premise at which the total daily 'throughput
exceeds 20,000 gallons unless the loading system is equipped
with a vapor recovery system that is properly installed, well-
maintained and in operation and has been approved by the De-
partment. Additions to, or modifications or alterations of
existing loading systems which increase the total daily through-
put at a premise to more than 40,000 gallons shall require such
a vapor recovery system for the entire loading system. All load-
ing connections on the vapor lines shall be equipped with fit-
tings which shall be vapor tight and will automatically and
immediately close upon disconnections so as to prevent release
of organic material from these fittings. The provisions of this
section shall not apply to the loading of motor vehicle fuel
tanks.
d. After January 1, 1974, no person shall cause, suffer, allow or
permit any motor vehicle fuel with a true vapor pressure of 1.5
psi or greater to be loaded from a tank truck or trailer or
other contrivance into a stationary tank having a capacity
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greater than 5,000 gallons, but less than 40,000 gallons and
installed after January 1, 1973, unless the loading system is
equipped with a vapor balance line or equally effective vapor
discharge control system approved by the Department, Compon-
ents of the vapor balance line consisting of a vapor space
connection on the tank and a compatible vapor return line on
the truck shall be installed by the following dates:
Tank connection January 1, 1973
Truck vapor return line January 1, 1974
e. Motor Vehicle Fuel.
(1) After May 31, 1975, a person shall not cause or permit any
motor vehicle fuel with a true vapor pressure of 1.5 psi
or greater to be loaded into an existing stationary tank
having a capacity of less than 40,000 gallons'unless the
loading system is equipped with a vapor balance line or
equally effective vapor discharge control system capable
of a minimum of 90 percent control of the emission approved
by the Department at a premise where the monthly average
throughput (1/12 of the sum-total throughput for the pre-
ceeding twelve months) exceeds 20,000 gallons per month.
The owner or operator of any premise subject to these re-
quirements shall submit to the Department by January 2,
1974, the following information:
: Location of premise
Sum total throughput for the preceeding twelve months
Schedule for:
Negotiation of construction contract
Start of construction
Completion of construction
(2) After May 31, 1971, a person shall not cause or permit any
motor vehicle fuel with a true vapor pressure of 1.5 psi
or greater to be loaded into an existing stationary tank
having a capacity of less than 40,000 gallons unless the
loading system is equipped with a vapor balance line or
equally effective vapor discharge control system capable
of a minimum of 90 percent control of the emission approved
by the Department at a premise where the monthly average
throughput exceeds 20,000 gallons per month.
(3) A person shall not cause or permit any motor vehicle fuel
tank to be filled with motor vehicle fuel with a true
vapor pressure of 1.5 psi or greater from a premise where
stationary tanks are equipped with vapor balance lines,
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unless a vapor collecting system, approved by the Depart-
ment, is installed and in good operating .condition. This
part shall become effective 18 months after the Department
has approved two or more such vapor collection systems.
3. Organic Solvents .
a. No person shall cause, suffer, allow or permit the discharge of
any emissions of organic materials in any one day from any exist-
ing installation or building (8) -jn which any organit solvent or
solvent containing material is in direct contact with a flame or
is baked, heat-cured or heat polymerized in the presence of oxy-
gen unless this discharge does not exceed 200 pounds per day or
unless the discharge is reduced by at least 85 percent overall.
The corresponding limit for new installations (*) of this type
subject to regulation under this paragraph shall be 15 pounds
per day or an 85 percent deduction overall.
b. No person shall cause, suffer, allow or permit the discharge of
any emissions of photochemically reactive solvent in any one
day from any existing installation or building f'O) no^ specifi-
cally defined in paragraph (a) above, used for employing, evap-
orating, drying, processing or manufacturing any such solvent or
material containing such solvent unless this discharge does not
exceed 200 pounds per day or unless the discharge is reduced by
at least 85 percent overall. The corresponding limit for new
installations (11) of the type subject to regulation under this
paragraph shall be 40 pounds per day or an 85 percent reduction
overall.
Exceptions to this provision shall include the operation of tar
heaters, coke ovens and air ventilating systems evacuating
spaces in which the solvent concentration is lower than the TLV
for human exposure as defined by the American Conference of
Governmental Industrial Hygienists.
c. No person shall cause, suffer, allow or permit the discharge of
any emission or organic material in any one day from any premise
on which any organic solvent or solvent containing material has
been exposed to direct contact with a flame or is baked, heat-
cured or heat polymerized in the presence of oxygen and all
other discharges of photochemically reactive solvent arising on
the premise to be in excess of 1,335 pounds per day unless the
sum of the discharges is reduced by at least 85 percent overall.
d. A person incinerating, absorbing or otherwise processing organic
materials pursuant to this rule shall provide, properly install
and maintain in calibration, in good working order and in op-
eration, devices as specified in the authority to construct or
the permit to operate, or as specified by the Department for
indicating temperatures, pressures, rates of flow or other
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operating conditions necessary to determine the degree and ef-
fectiveness of air pollution control.
e. Drycleaning Solvent
(1) A person shall not cause or permit the commercial use of
any photoc'hemically reactive solvent for the service of
drycleaning of clothing or household items.
i
(2) The owner or operator of any premise subject to the require-
ments of this subparagraph .04J(3)d shall submit to the
Department the following information by January 2, 1974:
Location of premise
Source of supply and identifying name, number or purchase
specification for all drycleaning solvents used.
f. The provisions of the paragraph shall not apply to:
(1) The use of any material, in any installation or building
described in subparagraphs (3)a or (3)b above, if:
(a) The volatile content of such material consists only .of
water and organic solvents, and
(b) The organic solvents comprise not more than 20 percent
by volume of said volatile content, and
(c) The volatile content is not photochemically reactive
as defined in subparagraph .040(1 )e, and
(d) The organic solvent or any material containing organic
solvent does not come into contact with flame.
(2) The use of any material, in any installation or building
described in subparagraphs (3)a or (3)b above, if:
(a) The organic solvent content of such material does not
exceed 20 percent by volume of said material, and
(b) The volatile content is not photochemically reactive
as defined in subparagraph .04J(l)e, and
(c) More than 50 percent by volume of such volatile mate-
rial is evaporated before entering a chamber heateci
above ambient application temperature and
(d) The organic solvent or any material containing organic
solvent does not come into contact with flame.
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(3) The use of any material, in any installation or building
described in subparagraphs (3)a or (3)b above, if: .
(a) The organic solvent content of such material does not
exceed 5 percent by volume of said material, and
(b) The volatile content is not photochemically reactive
as defined in subparagraph .040(1)e, and
(c) The organic solvent or any material containing organic
solvent does not come into contact with flame.
4. Architectural Coating '
a. Provisions of this section shall become effective on July 1,
1973. After this date, persons responsible for formulation and/
or distribution of architectural coatings shall, upon request by
the Department, submit a chemical analysis of solvents employed.
The analysis shall contain sufficient detail to establish com-
pliance with the provisions of these regulations. Such informa-
tion shall be entitled to protection as trade secrets and the
Department shall keep such information confidential.
5. Solvent Disposal
After July 1, 1973, no person shall ,cause, suffer, allow or permit
the disposal of five gallons or more per day or 55 gallons or more
per month of any photochemically reactive solvent by any *ieans which
will result in evaporation of such solvent into the atmos'phere.
6. Organic Material Water Separators
After January 1, 1974, no person shall cause, suffer, allow or per-
mit the discharge of organic material to the atmosphere from single
or multiple compartment organic material water separators that re-
ceive effluent water containing 200 gallons of organic material or
more per day having a true vapor pressure of 1.5 psi or greater un-
less one or more of the following vapor control devices is properly
installed, in good working order and in operation:
a. A floating roof resting on the surface of the liquid "contents
equipped with a closure seal, or seals, to close the-space be-
tween the roof edge and tank well, and in addition, all tank
gauging and sampling devices shall be gas-tight except when in
use, or
b. A vapor recovery system capable of collecting the organic mate-
rials emitted from the tank and disposing of these emissions so
as to prevent their emission to the atmosphere, and in addition,
all tank gauging and sampling devices shall be gas-tight except
when in use, or
00
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c. Other equally effective devices as approved by the Department.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in this
Section 05 only, the following definitions shall apply:
1. Sulfur Oxides
Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
specified herein shall be taken to indicate the concentration of
sulfur oxides.
2. Particulate Matter
Particulate matter includes the substances collected from and/or set-
tling out of the atmosphere by use of the measurement procedures pre-
scribed herein for suspended particulate matter and dustfall, re-
spectively.
3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, excluding
methane, whose nolecules consist primarily of atoms of hydrogen and
carbon and exist in the ambient air in the gaseous state. Specifi-
cally excluded are hydrocarbons and other organic compounds associ-
ated only with suspended particles in the atmosphere. For purposes
of these air quality standards non-methane hydrocarbons shall be
taken to be the difference between the reported total hydrocarbons
and methane values measured by the methods specified herein.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
air as the result of complex photochemical reactions. Because these
reactions depend on sunlight, only those oxidant concentrations
occurring between 11 a.m. abd 5 p.m. EST are considered to be of
photochemical origin.
05B Precepts.
1. It is known that concentrations of air pollutants above certain lev-
els are harmful to the health of man. However, the threshold levels
at which adverse effects on man's health begin are not known with
precision. It must be presumed that adverse effects over a long
time period take place at concentrations lower than those now known
to produce adverse effects over short time periods. Therefore, in
establishing air quality standards, it is prudent to provide for
margins of safety in reaching conclusions based on such data as are
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available which relate health effects to pollutant levels.
2. An ambient air quality standard which would result in avoidable
degradation of air quality is in conflict w'ith applicable State
law.
3. The ambient air quality standards set forth herein, represent goals
expressed in terms of limits on the duration and concentration of
pollutants in the atmosphere which are not to be contravened. The
ambient air quality standards shall be achieved through application,
under provisions of laws or regulations or otherwise, of ways and
means for reducing pollutant concentrations including but not
limited to removal of air pollutants from exhaust gas streams, fuel
and process material changes, equipment changes, and land use man-
agement.
JD5C Primary Ambient Air Quality Standards for All Substances Which May
Cause Air Pollution and Control Measures To Be Required.
1. The 'primary ambient air quality standards for all substances which
may cause air pollution shall be those lowest concentrations attain-
able by application of all reasonably available ways and means for
reducing pollutant concentrations in the ambient air. In situations
ofrtime and place wherein the lower concentrations of any substance
in the "more adverse range" as set forth herein are not exceeded, or
when there is no standard at the "more adverse range", the "serious
level" is not exceeded, all necessary ways and means shall be re-
quired for minimizing increases in concentrations of such substances
in the ambient air, to the end that said concentrations shall not be
exceeded in the future.
2. No statement, numerical standard, or time limit, contained elsewhere
in ambient air quality standards shall be interpreted as mitigating
in any way the necessity for and the reasonableness of applying all
reasonably available ways and means for reducing pollutant concen-
trations in the ambient air.
_05D Secondary Ambient Air Quality Standards.
1. General .
Secondary ambient air quality standards are presented in two cate-
gories: the more adverse range and the serious level. The concen-
trations denoting each category for various pollutants are presented
ir. Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range. When ambient air concentrations of any pollutant listed in
Table 3 are in the more adverse range, as set forth in Table 3, the
application of all necessary ways and means for reducing such con-
centrations shall be required and the time schedule for their imple-
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mentation shall be based on the premise that the pollutant concen-
trations are progressively to be reduced to the lower levels or less
as set forth in Table 3, within the shortest reasonable time. Such
reasonable time should not exceed seven years or such shorter time
as may be specified .under provisions of the Federal Clean Air Act,
3. Air Pollution Control Measures To Be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table 3
exceed the serious level, as set forth in Table 3, the application
of all necessary ways and means shall be required for reducing such
concentrations. The ways and means required and the time schedule
for their implementation shall be based on the premise that the
pollutant concentrations are progressively to be reduced to levels
lower than the serious level concentrations set forth in Table 3 in
the shortest possible time. If ambient air concentrations exceed
the serious levels specified in Table 3 as of the year 1971, such
concentrations should be reduced to less than the serious levels by
not later than the end of calendar year 1974. If, in the future,
ambient air concentrations first exceed the serious level, such
.shortest time should not exceed three years from the year in which
the serious level is first exceeded, or such shorter time, if any,
as may be required under provisions of Federal law or regulations.
In determining the ways and means to be required for reducing pol-
lutant concentrations, matters of economics and private interests
and other factors shall be subordinate considerations to the neces-
sity of achieving the standards, for protection of the public health.
Additionally, if standards have been adopted for the more adverse
range, measures for reducing concentrations of the pollutant fur-
ther below the serious level shall be instituted in accordance with
the provisions of paragraph 05D2.
4. Measurement of Ambient Air Quality To Compare to the Standards.
a. The method of measurement for each pollutant listed shall be the
method specified in the Federal Register, Vol. 36, No. 84, Part
III, April 30, 1971. Other methods may be used if they have
been demonstrated to be equally or more specific, accurate,
sensitive, and reproducible. Other less specific methods of
measurement may be used provided a relationship is developed
between results obtained by such method and the method specified
and provided that the results are interpreted in terms of equiv-
alence to those that would be expected using the listed methods,
or other equally or more specific, accurate, sensitive, repro-
ducible methods. Results shall be expressed as micrograms or
milligrams of the pollutant per cubic meter of air, at 25 de-
grees Centigrade and 760 millimeters of mercury pressure ex-
cept as specifically noted in Table 3. Such values may be con-
verted to parts per million by volume (ppm) by utilizing the
appropriate conversion factor listed in Table 3.
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b. Number and Duration of Measurements.
(1) General. The measurements to be taken to compare the
standards shall be made at the frequency and for the. dura-
tion as noted in the following appropriate sub-paragraphs.
(2) Annual arithmetic averages shall be based on results from
at least 52 sampling periods representing 24 hour periods,
distributed throughout the year so as to adequately re-
flect the true annual average. The second highest dtily
average value so obtained shall be used to relate to-,the
standards expressed as maximum exceeded once per year.
(3) Daily averages shall be based on measurements made during
more than 50 percent of the time period represented. Daily
averages may also be determined on the basis of a compila-
tion of hourly averages determined as described in (6) be-
low.
(4) Eight-hour averages shall be based upon measurements repre-
senting at least 55 percent of the designated eight-hour
time periods. Eight-hour averages may also be determined
on the basis of a compilation of eight hourly averages
during designated time periods as described in (6) b*low.
(5) Three-hour averages shall be based upon measurements repre-
senting at least 55 percent of the period. Three-hoar
averages may also be made on the basis of a compilation of
three individual hourly averages determined as described in
(6) below.
(6) Hourly averages shall be based on at least seven momentary
indications of the actual concentration during the hour or
any more nearly complete representation of actual concen-
trations.
(7) Five-minute averages shall be based on samples represent-
ative of the total period. However, after a relationship
has been developed between the maximum five-minute average
and any other available averaging time, the relationship
may be used to calculate maximum five-minute average val-
ues from such other averaging time data.
c. Location of Measurements.
Measurements of air pollutants may be made at any place where
air pollution could exist.
_05F Secondary Ambient Air Quality Standards for Fluorides
1. Ambient air quality standards for fluorides at the more adverse and
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serious level shall be those concentrations in the ambient air which
result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per gram
dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn or sorghum intend-
ed for grain shall not, at time of tassel ing, exceed 35
micrograms F per gram dry tissue in washed samples.
(2) Any field crops intended for market as hay silage or forage
shall not exceed 40 micrograms F per grain dry tissue in
unwashed samples as marketed.
(3) Other field crops at any stage of growth shall not exceed
50 micrograms F per gram dry tissue in washed samples.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay or
silage grown in the area as feed shall not exceed 40 micro-
grams F per gram tissue in unwashed samples.
(2) The average of any two consecutive months samples of forage
or hay or silage grown in the area as feed shall not exceed
60 micrograms F per gram dry tissue in unwashed samples.
(3) No monthly sample of forage or hay or silage grown in the
area as feed shall exceed 80 micrograms F per gram dry tis-
sue in unwashed samples.
d. Fruit trees, Berries, and other Commercial Crops
Fully expanded functional leaves shall not exceed 50 micrograms
F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs
Fully expanded functional leaves shall not exceed 100 micrograms
F per gram dry tissue in washed samples.
f. Conifers and Evergreen Trees or Shrubs
Fully expanded leaves or needles of the current year shall not
exceed 50 micrograms F per gram dry tissue in washed, samples.
Leaves and needles of prior seasons shall not exceed 75 micro-
grams F per gram dry tissue in washed samples.
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g. Grasses and Herbs
Grasses and herbs not subject to browsing, grazing or harvest
for use in feeds or food shall not exceed 150 micnograms F per
gram dry tissue in washed samples.
h. Ornamental Plantings
Ornamental plants, except trees, shrubs and turf where OSEld,
_j_05Ele, OSElf, and 05Elg apply shall not exceed~10"
micrograms~F~per gram dry tissue in fully expanded leaves, in
washed samples, at any period during the growing season,
i. Other Values
When vegetation sampling is deemed by the Department to be not
practicable, unsatisfactory conditions may be assumed to exist
by the Department when either:
(1)
or,
Static limed filter paper samples of 28 to 32 days exposure
exceed 5 micrograms F per 100 square centimeters per day
(2) Gaseous fluorides exceed 2 micrograms F per cubic meter of
air in any 24 hour sample and any 72 hour average exceeds
0.4 micrograms F per cubic meter of air,
2. Air Pollution Control Measures To Be Required. When and where con-
centrations of fluoride cause any of the values set forth in sub-
section 05E1 to be exceeded, the application of all necessary
ways and means shall be required for reducing such concentrations.
Trte ways and means to be required and the time schedule 'for their
implementation shall be based on the premise that fluor>de concen-
trations are progressively to be reduced in the shortest possible
time to levels that will not cause the values in subsection 05F1
to be exceeded.
3. Measurement of Fluoride. Methods for measuring the fluoride con-
tent of any plant tissue shall be by suitable modification of the
Willard and Winter method (ref. Willard, H. H. and Winter, 0. B.
Volumetric Method for Determination of Fluoride. Ind. Eng. Chem.
Anal. Ed. 5: 7-10, 1933) as:
Weinstein, L., R. H. Mandl, D. C. McCune, J. S. Jacobson, and
A. F. Hitchcock, Semi-Automated Analysis of Fluoride in Bio-
logical Materials. J. Air Poll. Control Assoc. 15: 222-5,
1965.
Results are expressed on a dry weight basis in washed and unwashed
samples as noted. Micrograms F per gram dry tissue means micro-
grams of fluorides as the ion, per gram of dry material. Methods
of measuring gaseous air samples shall be by the carbonate tube
-94-
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method or the dual tape method by Weinstein et al ref:
Weinstein, L. H. and R. H. Mandl. The Separation and Collect-
ion of Gaseous and Particulate Fluoride. VDI Berichte. 164,
1970.
Other methods may be used if they have been demonstrated to be
equally or more specific, accurate, sensitive and reproducible and
if first approved by the Department.
(2.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained in
such a manner that a nuisance or air pollution is created. Nothing in
this regulation relating to control of emissions shall in any manner be
constructed as authorizing or permitting the creation of or maintenance
of a nuisance or air pollution.
06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total weight of emissions, conceals or dilutes an
emission which would otherwise constitute a violation of any applicable
air pollution control regulation.
06C Prohibition of Certain Incinerators.
1. No person shall cause, suffer, allow or permit the construction of
any incinerator on or after the effective date (12) of this sub-
section 06C1 if the use of such incinerator will be prohibited
under provisions of subsection _ 06C2.
2. No person shall cause, suffer, allow or permit the use of any flue-
fed or chute-fed single chamber incinerator on or after July 1,
1972. No person shall cause, suffer, allow or permit the use of
any other incinerator on or after July 1, 1973 except as provided
be 1 ow:
a. Incinerators that have a burning capacity greater than two tons
per hour and which are used to burn at least 5 tons of refuse
per day.
b. Crematory and pathological incinerators that are used to burn
type 4 wastes (according to I.I.A. Standards) or medical wastes.
c. Specific by-product incinerators that are used to burn type 5 or
6 wastes (according to I.I.A. Standards) and which have a burn-
ing rate of at least one ton per hour and are used to burn at
least two tons per day of waste.
3. Householders are permitted to burn ordinary household trash (I.I.A.
waste type 0 and 1 only) originating on the premises, in inciner-
-05-
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ators, in those areas where public collection of refuse is not pro-
vided.
4. Any Incinerator, the use of which is prohibited under provisions of
this section, shall be made inoperable in a manner approved by the
Control Officer or the Department.
_06D Refuse Burning Prohibited in Certain Installations. No person shall
burn refuse in any installation or equipment not specifically designed,
constructed or modified for that purpose.
_06E Prohibition of Certain New Fuel Burning Installations.
1. No person shall construct a new fuel burning installation- designed
for use of residual fuel oil in which any individual furnace has a
heat input rate of less than five million BTU per hour nor shall
residual fuel oil be used at any time in any furnace having a heat
input rate of less than five million BTU per hour if the furnace
was-built on or after the effective date of these regulalsrions (13).
2. No person shall construct a new fuel burning installation designed
for use of solid fuels in which any individual furnace has a heat
input rate of less than 250 million BTU per hour nor shall solid
fuels be used at any time in any furnace having a heat input rate
of less than 250 million BTU per hour if the furnace was built on or
after the effective date of these regulations. (14).
_06F Control of Sources of Fluoride Emissions.
1. No person shall cause, suffer, allow or permit the discharge into
the!atmosphere of fluorides from any installation in such;combina-
tions and in such amounts that any provision of the ambient air
quality standards for fluorides set forth in 05E is controvened.
2. Surveillance
a. -Existing Installation Surveillance Program
A person responsible for an installation discharging fluorides
•shall conduct a continuing environmental surveillance program
in a manner approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
b. ,New Installation Surveillance Program
No "Permit to Construct" will be issued for any new potential
.source of fluoride emissions until the applicant has conducted a
survey of background levels of fluoride in the environment in a
•manner and to an extent approved by the Department. Applicants
for a "Permit to Operate" shall be subject to the requirements
of 06F2a.
-96-
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c. Reporting
All data collected by the environmental programs and surveys of
fluorides, required by this subsection, shall be maintained and
made available to the Department in a manner and on a schedule
approved by the Department. Such data shall be available to
the pub!ic.
d. Modification of Surveillance Programs
Any modification to the environmental programs and surveys re-
quired under this subsection, must be approved by the Depart-
ment. Such modification may be initiated by the Department.
(2.0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Compliance. Any individual installation which, between the
dates of January 28, 1969, and the date of these present amendments to
regulation 10.03.38 were adopted, (15) was purchased as new equipment
or was fitted with new equipment or was extensively altered, at a sub-
stantial cost, for the sole purpose of reducing emissions in order to
comply with section __0201; 0202; 0203; 0204; 0301;
0302; 0303; or 0401 of regulatffon 43P04 as it became effect-
ive on January 28, 1969, is exempt from compliance with any respective,
more restrictive provision of this amended regulation 10.03.38 until
January 28, 1974, or until five years from the date of purchase, alter-
ation, or fitting with new equipment whichever is longer, so long as
the installation continues to operate in compliance with the said regula-
tion 43P04 of January 28, 1969.
07B Previous Plans for Compliance. All plans for compliance with regulation
43P04 which have been approved by the Board or the Secretary shall be
evaluated by the Department. Any part of such plans which the Depart-
ment determines relate to an installation, which is subject to more re-
strictive emission control requirements under terms of this amended
regulation 10.03.38, as compared to the respective requirements of the
previously adopted regulation 43P04, is hereby declared null and void
unless actual construction or fabrication work had been started or equip-
ment, materials or fuels had been ordered, purchased or delivered in
preparation for implementing emissions reduction work on the installation
involved prior to the date these present amendments to regulation 43P04
were adopted. An amended plan for compliance may be submitted to the
Department.
07C Previous Regulations Remain in Effect in Certain Cases. Provisions of
regulation 43P04 as effective on January 28, 1969, shall remain in ef-
fect with regard to installations and matters dealt with in these amend-
ments until the effective dates provided for by these amendments are
applicable to the respective installations or matters.
-97-
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Figure 1
VAPOR PRESSURE OF GASOLINES
180-.-
170"*-
ISO-
l«0-
130'
120
IIP-
too-
tfO
TO-
9O--
40--
30r-
20-
10 i-
ol
Jt-
IjO-
» «,MS
M m( MKNCt or MTRiAneN
KOrtl u» l( UMO:
ff\
UtMT MMtWl |(«J>-MO*n t»
ir.a(-«oa^i 4
WSOXIACl t
§
i
SjO
. • ISO
"'
17
MM!.-
MtH.k«neN < ins, ix » ire •»
IS-
16 ;
17-
19
20-
'Oktowi:
mtivo'io kit/
» mou r»c CMMI *«
i •».'*» at.
30-
-*O
-9O
«0
-HO
-too
•300
S
rSOO 1
6«O
••TOO
800
9OO
1000
Reference: Coordinating Research Countil (CRC) Handbook,
PP. 244-254 (1946)
-98-
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TABLE I (a)
Emission Standards and Dust Collector
Performance Standards for Fuel Burning Installations
i
UD
Residual oil burning; all
Installations up to 200
million BUI per hour heat
Input
Residual oil burning;
existing and modified
Installations
Residual oil burning;
new fuel burning
equipment
Distillate oil burning;
all installations
Solid fuel burning; all
installations
Max. rated heat
Input In million BTU
-per hour per furnace
Less than 10
Less than 10
10 - 50
10 - SO
51 - 200
51 - 200
Greater than
200
Greater than
200
All
sizes
200 or less
Greater than
200
Effective date
of
Standard
Feb. 20. 1971
Oct. 1, 1973
Feb. 20. 1971
Oct. 1. 1973
Feb. 20. 1971
Oct. 1. 1973
Feb. 20, 1971
Feb. 20. 1971
Oct. 1. 1971
Oct. 1, 1971
Oct. 1. 1971
Oct. 1. 1971
Maximum allowable
emission of
particulate matter
gr/SCFD
No requirement
0.03
No requirement
0.025
No requirement
0.02
0.02
0.01
No requirement
NO requirement
0.05
0.03
Maximum allowable
emission; Shell-
Bacharach smoke
spot test number (b)
6
4
6
4
6
4
4
4
3
2
No requirement
No requirement
Required collection
efficiency of dust
collector
No requirement
SOX or more
No requirement
601 or more
No requirement
70t or more
701 or more
BO* or more
No requirement
No requirement
90S or more
991 or more
(a) Relates to section 03B
(b) The method used for measurement of both residual and distillate oil burning equipment shall be in accordance with method 0-2156 published by
the American Society for Testing and Materials.
-------
Table 2
MAXIMUM ALLOWABLE WEIGHT OF PARTICIPATE MATTER DISCHARGED PER HOUR
Process
Wt/hr
(Ibs)
50 or
less
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
Maximum Weight
Disch/hr (Ibs)
0,
0,
0.
24
46-
66
0.85
03-
20,
35
50,
63
77
89
01
12
24
34
43
53-
62.
72-
80
2.97-
3.
3.
3.
12;
26
40;
3.54,
.66
.79«
3.91
Process
Wt/hr
(Ibs)
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
Maximum Weight
Disch/hr (Ibs)
.03
.14
.24
.34
.44
4.55
4.
4,
4,
4'.
64
74
84
92
5.02
.5.
5.
5.
5.
5.
5.
5.
5,
5.
5.
5.
6,
6.
6.
6.
6,
10
18
27
26^
44
52
61
69
77
85
93
01
08
15
22
30
6.37
Process
Wt/hr
(Ibs)
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500'
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
Maximum-Weight
Disch/hr (Ibs)
.415
32
.60
6.67
. OS
.37
.7*1
8.05
8.2ft
8.771
9.03
9.36
9.67
10.00
io.es
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.3t)
34.3C
40.00.
Relates to
03E
* Process weight in excess governed by equation presented in 10.03.38 03E2.
-100-
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Table 3
Ambient Air Quality Standards
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
1. Sulfur oxides (expressed
ab sulfur dioxide con-
centrations)
Annual Arithmetic Average
24 Hour Average
One Hour Average
5-Mfnute Average
2. Particulate Matter
a. Suspended
Particulate
Annual Arithmetic Average
24 Hour Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Once per year
8 times
per month
8 times
per week
Values not to
be exceeded
Once per year
.3 ,3
ug/m ppm ug/m ppm
Lower Upper Lower Upper
Limit Limit Limit Limit
/ 3
ug/m = ppm
39 79 0.015 0.03 79 0.03 262T~
131 262 0.05 0.10 262 0.10
262 525 0.10 0.20 525 0.20
655 1310 0.25 0.50 1310 0.50
65 75 75 -
140 160 - - 160 -
-------
Table 3 cont'd
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
b. Dustfall
Annual Arithmetic Average
Monthly Maximum
3. Carbon Monoxide
8-Hour Arithmetic
Average 2
Hourly Average
4. Non-methane Hydrocarbons
3-Hour Average^
5. Photochemical Oxidants
Maximum Hourly Average
6. Nitrogen Dioxide
Annual Arithmetic Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Values not to
be exceeded
Once per year
Once per year
Once per year
Once per year
Values not to
be exceeded
Lower Limit Upper Limit
2 2
mg/cm /month mg/cm
0.35 0.50 0.50
0.70 1.00 1.0
mg/m
No standard 10
No standard 40
ug/m
No standard T60
ug/m
No standard 160
ug/m
No standard 100
/month
2 2
mg/cm = ton/mi
.035
PPm
9 mg/m x 0.873 = ppm
35
ppm Carbon ug/m = ppm
0.24 655
ppm Ozone o
ug/m = ppm
0.08 T961T
ug/m = ppm
0.05 1882
-------
References:
1. Annual averages shall be based on at least nine monthly samples.
2. Applies in areas representing generalized atmospheric levels; 20 ppm
applies in any other place where members of the public congregate for
extended periods of time.
3. The standards set forth in this regulation for hydrocarbons are not
based upon the direct adverse effects of hydrocarbons but upon an
empirical relationship, based upon ambient air quality measurements,
between morning hydrocarbon concentrations and oxidant concentrations
occurring later the same day. The hydrocarbon standard is designed
primarily to achieve the standard for photochemical oxidants. In view
of the lack of an exact quantitative relationship, the uncertainties
in existing measurement techniques and a lack of full identification
of the photochemically reactive species of hydrocarbons occurring in
the ambient air in the region, these levels should be considered as
tentative pending further scientific developments.
4. Three hour period: 6 a.m. to 9 a.m. Eastern Standard Time.
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Maryland State Department of Health and Mental Hygiene
301 West Preston Street
Baltimore, Maryland 21201
(As Amended through March 13, 1972)
10.03.39 Regulations Governing the Control of Air Pollution in Area IV*
Pursuant to the authority conferred upon the Secretary of Health and Mental
Hygiene by Article 43, Section 697, Annotated Code of Maryland, 1957 Edition,
and Supplement, the following regulations governing the control of air pol-
lution in Area IV are hereby established as requirements of the Department
of Health and Mental Hygiene.
(51.13) 01 CONTROL AND PROHIBITION OF OPEN FIRES
01A General. No person shall cause, suffer, allow or permit an open
fire except as provided in subsections 01B, 01C, and 010.
018 Control Officer May Authorize Certain Open Fires. The Control Offi-
cer may, upon receipt of an application made on forms provided by
the Department or local fire control agency, issue or approve a
permit in writing allowing an open fire provided all of the following
conditions are met:
1. The Control Officer is satisfied that there is no practical
alternate method to dispose the material to be burned or to
conduct the desired activity.
2. No hazardous condition or air pollution or nuisance will1 be
created.
3. No1 burning will be done within 200 yards of one or more occu-
pi-ed buildings or a heavily travelled public roadway. On and
after July 1, 1973 this distance shall be 500 yards.
4. Fire control laws or regulations of other governmental agencies
will not be violated.
5. No materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will be burned.
6. Such other conditions as the Control Officer may impose to
minimize creation of smoke, to prevent nuisances and air pol-
lution, and to protect the health, safety, comfort, and prop-
erty of any persons shall be satisfied.
7. The material to be burned shall have originated on the premises
on which it is to be burned.
* Washington Metropolitan Area comprising Montgomery and Prince George's
Counties.
-104-
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8. Exceptions. Methods of disposal by burning acceptable to the
Department may be approved for use when distance limitations
cannot be met.
_01C Public Officers May Authorize Certain Fires. Public officers, in
the performance of their official duties, may set an open fire or
give permission for an open fire, with concurrence of the Control
Officer, provided all reasonable means are employed to minimize
smoke and if the fire is necessary for one or more of the follow-
ing reasons or purposes:
1. For the prevention of a fire hazard that cannot be abated by
other means.
2. For the instruction of public fire fighters or industrial
employees under supervision of the appropriate fire contol
official.
3. For the protection of public health or safety when other means
for disposing of hazardous materials are not available.
_01D Allowed Open Fires. Open fires otherwise in conformance with other
governmental fire control ordinances and provided no nuisance or air
pollution is created, are allowed without permission as follows:
1. In those areas where no provision is made for public collection
of leaves, the open burning of leaves originating on the prem-
ises by householders is permitted.
2. In those areas where no provision is made for public collection
of refuse, burning of ordinary household (I.I.A. Waste types 0
and 1 only) originating on the premises, excluding commercial
establishments, by householders is permitted provided that:
a. The fires are located no closer than -300 feet from any
. neighboring habitable dwelling or place where people work
or congregate;
b. Materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Ringelmann
Smoke Chart).
3. -Cooking of food on other than commercial premises.
4. Fires set in the course of agricultural operations in growing
crops or raising fowl or animals or in accepted forestry practice.
In no case shall this provision be construed as allowing the
burning of ordinary household or barnyard trash in areas where
provision is made for public collection of refuse.
5. Recreational purposes, such as campfires.
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6. Oil or gas fired salamanders or similar devices designed spec-
ifically for space heating or warming of outdoor workers, etc.,
provided no visible emissions are created.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS FROM INSTALLATIONS
02A Visible emissions. No person shall cause, suffer, allowior permit
the discharge of emissions from any installation or building other
than water in an uncombined form, which are visible to hnman observ-
ers.
02B Exceptions.
1. Subsection 02A shall not apply to emissions during the building
of a new fire, cleaning of fires, soot blowing, start-up, any
process modification or adjustment, or occasional cleaning of
control equipment, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart, or of such'Opacity as
to obscure an observer's view to a degree not greater than does
smoke designated as No. 2 on the Ringelmann Smoke Chart, for a
period or periods aggregating no more than four minutes in any
sixty minutes.
2. Any person who believes that meeting the requirements of sub-
section 02A above is not practical in a particular instance
may request an exception to the requirements of subsection 02A.
Such a request shall be submitted to the Department in writing
and include evidence to show why compliance is not practical.
Based on evidence presented and other information, the Department
may recommend to the Secretary that an exception be granted for
a period not exceeding one year at a time under such .stated terms
and conditions as the Secretary may determine, provided the ap-
pellant has shown that:
a. There presently are no practical ways or means available to
enable compliance with subsection 02A and;
b. When possible, he is participating vigorously and substan-
tially in activities directed toward finding or developing
ways or means which would make it practical to reduce or
eliminate visible emissions from the kind of installation
which is at issue.
3. Subsection 02A shall not apply to emissions of the following:
a. From those incinerators that are to phased out under pro-
visions of subsection 06C;
b. From the burning of wood in fireplaces on premises used for
residential or recreational purposes:
-106-
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c. From open fires (except salamanders) permitted under pro-
visions of subsections 01B, QIC, and 01D of this
regulation.
(50.1) 03 CONTROL AND PROHIBITION OF PARTICULATE MATTER EMISSIONS
(50.1) 03A General Conditions.
1. Calculations. All calculations of particulate matter emissions
shall be made in terms of grains per standard cubic foot of dry
exhaust gas (gr/SCFD).
a. Calculations shall be made as if 50 percent excess air had
been used in fuel burning equipment.
b. Calculations made for incinerator emissions shall be adjust-
ed to 12% carbon dioxide and calculated as if no auxiliary
fuel had been used, except for pathological waste units
which shall be converted to 3.5% carbon dioxide.
2. For the purposes of these regulations:
a. "Existing installations" shall mean those erected prior to
these regulations. (Date will be noted by reference number
on specific regulations.)
b. "New installations" shall mean those erected on or after
the effective date of these regulations. (Date will be
noted by reference number on specific regulations.)
(51.5) 03B Control of Particulate Matter from Fuel Burning Installations.
1. Residual Fuel Oil Burning Installations. No person shall cause,
suffer, allow or permit particulate matter caused by the com-
bustion of residual fuel oil to be discharged into the atmos-
phere in excess of the amounts shown and in accordance with the
effective dates set forth in Table 1.
2. Solid Fuel Burning Installations. No person shall cause, suffer,
allow or permit particulate matter caused by the combustion of
solid fuel to be discharged into the atmosphere in excess of
the amounts shown and in accordance with the effective dates
set forth in Table 1.
3. Distillate Fuel Oil Burning Installations. No person shall
cause, suffer, allow or permit the burning of distillate oils
in such a manner that discharges to the atmosphere exceed the
amounts shown and in accordance with the effective dates set
forth in Table 1.
4. Exceptions. The Control Officer may grant exceptions to 03B2
-107-
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and 0363 above under the following conditions:
a. When the application of either requirement to a residential
building housing two or less families creates undue econo-
mic hardship on individual families residing therein or,
b. When the installation's primary way of transferring heat
is by the radiant method rather than a piped fluid system
such as forced hot air, hydronic, or steam. Installations
in this category would include stoves, room heaters, floor
or wall mounted circulating heaters, fireplaces or similar
devices.
5. Dust Collection Devices Required. No person shall cause, suffer,
allow or permit the combustion of residual fuel oil or'solid
fuel in a fuel burning installation unless such installation is
equipped with a dust collector, the collection efficiency of
which meets the requirements shown in Table 1. This subsection
shall become effective on the dates shown in Tablel.
(51.9) 03C Particulate Matter from Incinerators. No person shall cause, suffer,
allow or permit to be discharged into the atmosphere from any incin-
erator, particulate matter to exceed 0.03 gr/SCFD on or after July
1, 1973.
(51.1) 030 Particulate Matter from Grain Drying Installations .
1. No person shall cause, suffer, allow or permit the operation
of any grain drying installation unless equipped in such a man-
ner that all exhaust gases discharged pass through a SQjfnesh
screen; or the installation is equipped with other equipment or
incorporates design features that will accomplish equal or more
effective results in reducing the discharge of particulate
matter.
2. Exceptions. Mobile type grain drying installations with an
operating capacity of 500 bushels per hour or less, located
outside a town, village or city and at a distance greater than
300 yards from a habitable dwelling or place of business.shall
be'exempt from 0301, provided no nuisance or air pollution
is created.
3. Mesh sizing refers to the Tyler Standard Screen Scale.
(50.1.1) 03E Particulate Matter from Other Installations.
1. No person shall cause, suffer, allow or permit to be dis-
charged into the atmosphere from any other installation, parti-
culate matter in excess of 0.03 gr/SCFD.
2. The maximum allowable weight of particulate matter discharged
-103-
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per hour from other installations shall not exceed that det-
ermined from Table 2. Where the process weight per hour falls
between two values in the table, the maximum weight discharged
per hour shall be determined by linear interpolation. This
limitation shall supersede the requirements of section 03E1
if it requires a lower emissions rate per hour.
(51.3) 03F Particulate Matter from Materials Handling and Construction and
Other Acts .
1. No person shall cause, suffer, allow or permit any materials
to be handled, transported, or stored; or a building, its appur-
tenances, or a road to be used, constructed, altered, repaired
or demolished; or maintain any premises; or do any act without
taking reasonable precautions to prevent particulate matter
from becoming airborne. Such reasonable precautions shall in-
clude, when appropriate as determined by the Control Officer,
but not be limited to the following:
a. Use of water or chemicals for control of dust in the dem-
olition of exsiting buildings or structures, construction
operations, the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals
on dirt roads, materials stockpiles, and other surfaces
which can create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to
enclose and vent the handling of dusty materials. Adequate
containment methods shall be employed during sandblasting
of buildings or other similar operations;
d. Covering, at all times when in motion, open-bodied vehicles
transporting materials likely to create air pollution. Al-
ternate means may be employed to achieve the same results
as would covering;
e. The paving of roadways and their maintenance in a clean
condition;
f. The prompt removal from paved streets of earth or other
material which has been transported thereto by trucks or
earth moving equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions
originate.
04 CONTROL AND PROHIBITION OF GAS, VAPOR AND ODOR EMISSIONS
(2.0) 04A General
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1. Odors. No person shall cause, suffer, allow or permit the dis-
charge into the atmosphere of gases, vapors or odors beyond the
property line in such manner that a nuisance or air pollution is
created.
2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard conditions.
(51.6) 048 Sulfur Oxides From the Burning of Fuel. No person shall burn, sell
or make available for sale any fuel unless -he following conditions
are-met:
1. On and after the effective date c-f this regulation, (1) all fuels
shall contain 1% or less sulfur by weight.
2. On and after July 1, 1972, distillate fuel oils shall'contain
0.3% or less sulfur by weight.
(50.2) 04C Sulfur Compou.-ids From Other Than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atno?phere from installations other than fuel burning instal-
lations of gases containing more than 2,000 parts per million by
volume of sulfur dioxide. Any such installation constructed af-
ter the effective date of these regulations (2) shall not dischfirce
into the atmosphere gases containing more than 500 parts per mil-
lion by volume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning instal-
lations, of gases containing sulfuric acid, sulfur trioxide, or
any combination thereof, greater than 70 milligrams per cubic meter
reported as sulfuric acid. Any such installation contructed after
the effective date of these regulations (3) shall not discharge
into the atmosphere gases containing sulfuric acid, sulfur tri-
oxide, or any combination thereof greater than 35 milligrams per
cubic meter reported as sulfuric acid.
(2.0) 04D Exceptions-
1. Fuels containing sulfur in excess of the amounts specified in
04B may be burned, sold, or made available for sale provided
control equipment to desulfurize stack gases has been installed
or other methods or devices are employed by the user or purchaser
that will produce results equivalent to those that would have re- .
suited from the burning of fuel meeting the sulfur requirements
specified in 04B.
2. Secretary may authorize the operation of a scavenger or recovery
plant to reclaim sulfur compounds which would otherwise^be emit-
ted into the air provided the operation of such scavenger or re-
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covery plant would reduce total emission of sulfur compounds at
least 95% with said plant in operation compared to emissions when
the aforementioned plant is not operating. Such authorization may
result in emission of sulfur compounds whose concentration exceed
those permitted by subsections 1 and 2 of 04C. This subsection
shall not apply to sulfuric acid manufacturing operations.
(9.0) 04E Request for Analysis. Any person offering to sell or deliver fuel or
any person responsible for equipment in which fuel is burned shall, upon
request, submit to the Department or the Control Officer such analyses
of the fuel as may be required to determine compliance with this section.
(50.6) 04F Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of any in-
stallation primarily engaged in the reduction of offal or vegetable
oil unless all gases, vapors and gas-entrained matter from said in-
stallation are:
a. First cooled to a temperature of not greater than 160° F and
then
b. The non-condensible fraction is incinerated at a temperature of
not less than 1400° F for a period of not less than 0.4 second.
c. Alternate methods may be used if determined by the Department to
be equally or more effective for the purpose of controlling air
pollution.
2. Any person processing or incinerating gases, vapors or gas-entrained
matter as required by subsection 04F2 shall install, operate and
maintain in good working order and calibration, continuous recording
devices for indicating temperature, or pressure or other operating
conditions. Such devices shall be approved by the Department or the
Control Officer for inspection or copying upon request of the De-
partment. Such data shall be kept on file by responsible persons
for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or vegetable
oil to be handled, transported or stored or to undertake the prepa-
ration of any offal or vegetable oil without taking reasonable pre-
cautions, when approved by the Department, shall include but not be
limited to the following:
a. Storage of all .offal or vegetable oil, prior to or in the proc-
ess of preparation, in properly enclosed and vented equipment
or areas, together with the use of effective devices and/or
methods to prevent the discharge of odors or odor bearing gases.
b. Use of covered vehicles or containers of watertight construction
for the handling and transporting of offal or vegetable oil.
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c. Use of hoods and fans to enclose and vent the storage, handling,
preparation and conveying of any odorous materials together
with effective devices and/or methods to prevent emissions of
odors or
4. Whenever the emissions from an installation primarily engaged in
the reduction of offal or vegetable oil create a nuisance or air
pollution, beyond the property line, the Department may require
that the building in which such installation is located be vented
so that all emissions are treated by incineration or by other methods
if determined by the Department to be equally or more effective for
the purpose of controlling emissions.
5. The requirements of this subsection _ o4F shall not apply to any
installation engaged exclusively in the processing of food for hu-
man consumption.
(51.7) _ 04G Nitrogen Oxides from Fuel Burning Equipment.
1. New Fuel Burning Equipment. No person shall cause, suffer, allow
or permit the discharge of nitrogen oxides into the atmosphere, from
any new fuel burning equipment having a heat input rating of 250
million British Thermal Units (BTU) per hour or more, in excess of
the following rates:
a. 0.20 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when gaseous fuel is burned..
b. 0.30 pounds per million BTU heat input, maximum two hour aver-
age, expressed as NO? when liquid fuel is burned.
c. 0.50 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N0£ when solid fuel is burned.
(51.10) _ 04H Nitrogen Oxides from Nitric Acid Plants-
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant, 6 nitrogen oxides in
excess of 3.0 pounds per tons of acid (100 percent basis) produced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant, nitrogen oxides
1n excess of 5.5 pounds per ton of acid (100 percent basis) pro-
duced.
(50.5) _ 041 Carbon Monoxide from other than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge of car-
bon monoxide gas generated during the operation of a grey iron
cupola, blast furnace, or basic oxygen steel furnace into the atmos-
phere unless the gas is burned with excess oxygen at 1300° or more
for 0.3 seconds or longer in a direct flame afterburner or Depart-
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ment approved equivalent control method which reduces the concen-
tration of carbon monoxide in the effluent to 1% by volume or less.
The control method shall be equipped with an indicating pyrometer
readily visible to the operator.
2. No person shall cause, suffer, allow or permit the discharge of a
carbon monoxide waste gas stream from any catalyst regeneration of
a petroleum cracking system, petroleum fluid coker, or other petrol-
eum process into the atmosphere, unless the waste gas stream is
burned with excess oxygen at 1300° or more for 0.3 seconds or longer
in a direct flame afterburner o_r Department approved equivalent con-
trol method which reduces the concentration of carbon monoxide in
the effluent to 1% by volume or less. The control method shall be
equipped with an indicating pyrometer positioned in the working area
readily visible to the operator.
3. No person shall cause, suffer, allow or permit the discharge of
carbon monoxide gas from any installation which, without emission
control measures, would discharge carbon monoxide gas at a rate ex-
ceeding 500 pounds per day and at a concentration exceeding 12% by
volume, unless the carbon monoxide gas is burned with excess oxygen
at 1300° F or more for 0.3 seconds or longer in a direct flame
afterburner or Department approved equivalent control method which
reduces the concentration of carbon monoxide in the effluent to 1%
by volume or less. The control method shall be equipped with an in- .
dicating pyrometer readily visible to the operator.
4. Exceptions: Paragraph 3 shall not apply to:
a. Coking process equipment used directly in the manufacture of
metallurgical coke by the pyrolysis of coal in the absence of
air.
b. Process equipment designated in paragraphs 1 and 2 above.
(50.4) 04J Hydrocarbons From Other Than Fuel Burning Installations.
1. Definitions for purposes of these regulations:
a. "Architectural Coating" shall mean any coating used for residen-
tial, commercial or industrial buildings and their appurtances.
•b. "Motor Vehicle Fuel" shall mean motor vehicle fuel as defined
in Article 56, Section 135 (b) of the Annotated Code of Maryland.
c. "Organic Material" shall mean chemical compounds of carbon exclu-
ding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbonates, metallic carbides and ammonium carbonates.
d. "Organic Solvent" shall mean any organic material which is liquid
at standard conditions and which is used as a dissolver, viscos-
ity reducer or cleaning agent.
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e. "Photochemically Reactive Organic Solvent" shall mean any organ-
ic solvent with an aggregate of more than 20% of its total vol-
ume composed of the chemical compounds classified below or which
exceeds any of the following individual percentage composition
limitations referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters
or ketones any of which has an alefinic or cyclo-olefinic
type of unsaturation: 5%.
(2) A combination of aromatic compounds with eight or more car-
bon atoms to the molecule except ethyl benzene: 8%;
(3) A combination of ethylbenzene, ketones having branched hy-
drocarbon structures or toluene: 20%.
Whenever any organic solvent or any constituent of-an or-
ganic solvent may be classified from its chemical structure
into more than one of the above groups or organic compounds,
it shall be considered as a member of the most reactive
chemical group, that is, that group having the least allow-
able percent of the total volume of solvents.
For architectural coatings only, the volume of water con-
tained in the solvent may be used to compute the tgtal vol-
ume of the solvent in determining percentages of photochem-
ically reactive organic solvents.
f. "Reid Vapor Pressure" shall mean the absolute pressure in pounds
per square inch determined at 100° F and v/1 = 4 (ratio-of vapor
volume to liquid volume, as defined in ASTM designation D 323 -
58) by using apparatus and procedures as standardized urvder the
auspices of the American Society for Testing and Materials.
g. "True Vapor Pressure" shall mean the absolute pressure in pounds
per square inch determined at storage conditions. Storage con-
ditions shall be taken as the average monthly temperature to a
maximum average temperature of 78° F (average storage tempera-
ture for May through September). True vapor pressure shall be
determined by measurement at the storage conditions or by the
use of a nomograph, published by the Coordinating Research Coun-
cil and included with these regulations as Figure 1, relating
true vapor pressure to Reid vapor pressure and storage tempera-
ture.
h. "Vapor Balance Line" shall mean any connection closed to the
atmosphere between the vapor space of two storage containers
that will allow the vapors to be displaced as the liquid is
transferred from one tank to the other.
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2. Organic Material
After January 1, 1973, no person shall cause, suffer, allow or
permit organic material having a true vapor pressure in the
range of 1.5 to 11 psi inclusive to be placed, stored or held
in any existing stationary tank reservoir with a capacity of
greater than 65,000 gallons, or in any new stationary tank reser-
voir with a capacity of greater than 40,000 gallons unless the
tank, is equipped with one or more of the following organic ma-
terial vapor control devices, properly installed, well- main-
tained and in operating condition.
(1) A floating roof resting on the surface of the liquid con-
tents equipped with a closure seal, or seals, to close
the space between the roof edge and tank wall, and in addi-
tion, all tank gauging and sampling devices shall be gas-
tight except when in use, or
(2) A pressure tank system maintaining a pressure at all times
so as to prevent organic material loss to the atmosphere,
or
(3) A vapor recovery system capable of collecting the organic
materials emitted from the tank and disposing of these
emissions so as to prevent their emission to the atmos-
phere, and in addition, all tank gauging and sampling de-
vices shall be gas-tight except when in use, or
(4) Other equipment equal or greater in efficiency to those
devices listed above, and approved by the Department.
After January 1, 1973, no person shall cause, suffer, allow or
permit organic materials having a true vapor pressure greater
than 11 psi to be placed, stored or held in any existing sta-
tionary tank reservoir with a capacity of greater than 65,000
gallons, or in any new stationary tank reservoir with a capac-
ity greater than 40,000 gallons unless equipped with one of the
following organic material vapor control devices properly in-
stalled, well-maintained and in operating condition:
(1) A pressure tank system maintaining a pressure at all times
so as to prevent organic material loss to the atmosphere,
or
(2) A vapor recovery system capable of collecting the organic
materials emitted from the tank and disposing of these
emissions so as to prevent their emission to the atmosphere,
and in addition, all tank gauging and sampling devices
shall be gas-tight except when in use, or
(3) Other equipment equal or greater in efficiency to those
devices listed above, and approved by the Department.
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c. After January 1, 1974, no person shall cause, suffer, allow or
permit organic material with a true vapor pressure of 1.5 psi
or greater to be loaded into any tank truck, tank trailer or
other contrivance from any existing loading system on ajiy
p,remise at which the total daily throughput (1/300 of actual
annual throughput) exceeds 40,000 gallons or from any new load-
ing system on any premise at which the total daily throughput
exceeds 20,000 gallons unless the loading system is equipped
with a vapor recovery system that is properly installed, well-
maintained and in operation and has been approved by thse Depart-
ment. Additions to, or modifications or alterations of, existing
loading systems which increase the total daily throughput at a
premise to more than 40,000 gallons shall require such a vapor
recovery system for the entire loading system. All loading con-
nections on the vapor lines shall be equipped with fittings
which shall be vapor tight and will automatically and immediate-
ly close upon disconnection so as to prevent release ofrorganic
material from these fittings. The provisions of this.section
shall not apply to t^e loading of motor vehicle fuel tanks.
d. After January 1, 1974, no person shall cause, suffer, allow or
permit any motor vehicle fuel with a true vapor pressure of 1.5
psi or greater to be loaded from a tank truck or trailer or
other contrivance into a stationary'tank having a capacity
greater than 5,000 gallons, but less than 40,000 gallons and in-
stalled after January 1, 1973, unless the loading system is
equipped with a vapor balance line or equally effective-vapor
discharge control system approved by the Department. Components
of the vapor balance line consisting of a vapor space connection
on the tank and a compatible vapor return line on the truck
shall be installed by the following dates:
Tank connection January 1, 1973
Truck vapor return line January 1, 1974
e. Motor Vehicle Fuel.
(1) After May 31, 1975, a person shall not cause or permit any
motor vehicle fuel with a true vapor pressure of 1.5 psi or
greater to be loaded into an existing stationary tank hav-
ing a capacity of less than 40,000 gallons unless the load-
ing system is equipped with a vapor balance line or equally
effective vapor discharge control system capable of-'a mini-
mum of 90 percent control of the emission approved by the
Department at a premise where the monthly average through-
put (1/12 of the sum total throughput for the preceeding
twelve months) exceeds 50,000 gallons per month. The owner
or operator of any premise subject to these requirements
shall submit to the Department by January 2, 1974, the fol-
lowing information:
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Sum total throughput for the preceeding twelve months
Schedule for:
Negotiation of construction contract
Start of construction
Completion of construction
(2) After May 31, 1977, a person shall not cause or permit any
motor vehicle fuel with a true vapor pressure of 1.5 psi
or greater to be loaded into an existing stationary tank
having a capacity of less than 40,000 gallons unless the
loading system is equipped with a vapor balance line or
equally effective vapor discharge control system capable of
a minimum of 90 percent control of the emission approved by
the Department at a premise where the monthly average
throughput exceeds 20,000 gallons per month, (For facil-
ities having a throughput of less than 20,000 gallons per
month, 52.1086 is in effect).
3. . Organic Solvents
a. No person shall cause, suffer, allow or permit the discharge of
any emissions of organic material in any one day from any exist-
ing installation or building in which any organic solvent or
solvent containing material is in direct contact with a flame
or is baked, heat-cured or heat polymerized in the presence of
oxygen unless this discharge does not exceed 200 pounds per day
unless the discharge is reduced by at least 85 percent overall.
The corresponding limit for new installations (9) of the type
subject to regulation under this paragraph shall be 15 pounds
per day or an 85 percent reduction overall.
b. No person shall cause, suffer, allow or permit the discharge of
any emissions of photochemically reactive solvent in any one day
from any existing installation or building 00) not specifically
defined in paragraph (a) above, used for employing, applying,
evaporating, drying, processing or manufacturing any such sol-
vent or material containing such solvent unless this discharge
does not exceed 200 pounds per day or unless the discharge is
reduced by at least 85% overall. The corresponding limit for
new installations (11) of the type subject to regulation under
this paragraph shall be 40 pounds per day or an 85% reduction
overall.
Exceptions to this provision shall include the operation of tar
heaters, coke ovens and air ventilating systems evacuating
spaces in which the solvent concentration is lower than the TLV
for human exposure as defined by the American Conference of
Governmental Industrial Hygienists.
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c. No person shall cause, suffer, allow or permit the discharge of
any emission of organic material in any one day from any premise
on which any organic solvent or solvent containing material has
been exposed to direct contact with a flame or is baked, heat-
cured or heat polymerized in the presence of oxygen .and all oth-
er discharges of photochemically reactive solvent arising on the
premise to be in excess of 1,335 pounds per day unless the sum
of the discharges is reduced by at least 85% overall.
d. A person incinerating, absorbing or otherwise processing organ-
ic materials pursuant to this rule shall provide, properly in-
stall and maintain in calibration, in good working order and in
operation devices as specified in the authority to construct or
the permit to operate, or as specified by the Department for in-
dicating temperatures, pressures, rates of flow or other opera-
ting conditions necessary to determine the degree and effective-
ness of air pollution control.
e. Drycleaning Solvent.
(1) A person shall not cause or permit the commercial use of
any photochemically reactive solvent for the service of
drycleaning of clothing or household items.
(2) The owner or operator of any premise subject to*the require-
ments of this subparagraph .04J(3)d shall submit to the
Department the following information by January 2, 1974:
Location of premise
Source of supply and identifying name, number or purchase
specification for all drycleaning solvents used
f. The provisions of this paragraph shall not apply to:
(1) The use of any material, in any installation or building
described in subparagraphs (3)a or (3)b above, if:
(a) The volatile content of such material consists only
of water and organic solvents, and
(b) The organic solvents comprise not more tha
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(a) The organic solvent content of such material does not
exceed 20 percent by volume of said material, and
(b) The volatile content is not photochemically reactive
as defined in subparagraph .040(1 )e, and
(c) More than 50 percent by volume of such volatile mate-
rial is evaporated before entering a chamber heated
above ambient application temperature and
(d) The organic solvent or any material containing organic
solvent does not come into contact with flame.
(3) The use of any material, in any installation or building
described in subparagraphs (3)a or (3)b above, if:
(a) The organic solvent content of such material does not
exceed 5 percent by volume of said material, and
(b) The volatile content is not photochemically reactive
as defined in subparagraph .04J(l)e, and
(c) The organic solvent or any material containing organic
solvent does not come into contact with flame.
4. Architectural Coating
a. No person shall cause, suffer, allow or permit anyone to sell,
or offer for sale, any architectural coatings containing a photo-
chemically reactive solvent in containers of greater than one
gallon capacity, nor shall any person apply or evaporate such
architectural coatings from such containers.
b. No person shall cause, suffer, allow or permit anyone to sell,
or offer for sale, photochemically reactive solvents as thinners
or diluents for architectural coatings in containers of greater
than one gallon capacity.
c. No person shall cause, suffer, allow or permit anyone to thin or
dilute any architectural coating in quantities greater than one
quart of a photochemically reactive solvent per gallon of archi-
tectural coating.
d. Provisions of this section shall become effective on July 1,
1973. After this date, persons responsible for formulation and/
or distribution of architectural coatings shall, upon request by
the Department, submit a chemical analysis of solvents employed.
The analysis shall contain sufficient detail to establish com-
pliance with the provisions of these regulations. Such informa-
tion shall be entitled to protection as trade secrets and the
Department shall keep such information confidential.
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5. Solvent Disposal
After July 1, 1973, no person shall cause, suffer, allow or permit
the disposal of five gallons or more per day or 55 gallons or more
per month of any photochemically reactive solvent by any means
which will result in evaporation of such solvent into the atmos-
phere.
6. Organic Material Water Separators
After January 1..1974, no person shall cause, suffer, allow or per-
mit the discharge of organic material to the atmosphere from single
or multiple compartment organic material water separators that re-
ceive effluent water containing 200 gallons of organic material or
more per day having a true vapor pressure of 1.5 psi or greater un-
less one or more of the following vapor control devices is properly
installed, in good working order and in operation:
a. A floating roof resting on the surface of the liquid contents
equipped with a closure seal, or seals, to close the space be-
tween the roof edge and tank wall, and in addition, all tank
gauging and sampling devices shall be gas-tight except when in
use, or
b. A vapor recovery system capable of collecting .the organic mate-
rials emitted from the tank and disposing of thase emissions so
as to prevent their emission to the atmosphere, and in addition,
all tank gauging and sampling devices shall be gas-tight except
when in use, or
c. Other equally effective devices as approved by the Department.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in this
section 05 only, the following definitions shall apply.
1. Sulfur Oxides
Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
specified herein, shall be taken to indicate the conaentration of
sulfur oxides.
2. Particulate Matter
Particulate matter includes the substances collected from and/or
settling out of the atmosphere by use of the measurement procedures
prescribed herein for suspended particulate matter arrd dustfall,
respectively.
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3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, exclud-
ing methane, whose molecules consist primarily of atoms of hydro-
gen and carbon and exist in the ambient air in the gaseous state.
Specifically exclqded are hydrocarbons and other organic compounds
associated only with suspended particles in the atmosphere. For
purposes of these air quality standards non-methane hydrocarbons
shall be taken to be the difference between the reported total
hydrocarbons and methane values measured by the methods specified
. herein.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
air as the result of complex photochemical reactions. Because
these reactions depend on sunlight, only those odixant concentra-
tions occurring between 11 a.m. abd 5 p.m. EST are considered to
be of photochemical origin.
05B Precepts .
1. It is known that concentrations of air pollutants above certain
levels are harmful to the health of man. However, the threshold
level at which adverse effects on man's health begin are not
known with precision. It must be presumed that adverse effects
over a long time period take place at concentrations lower than
those now known to produce adverse effects over short time periods.
Therefore, in establishing air quality standards, it is prudent to
provide for margins of safety in reaching conclusions based on
such data as are available which relate health effects to pollut-
ant levels.
2. An ambient air quality standard which would result in avoidable
degradation of air quality is in conflict with applicable State
law.
3. The ambient air quality standard set forth herein, represent goals
expressed in terms of limits on the duration and concentration of
pollutants in the atmosphere which are not to be contravened. The
ambient air quality standards shall be achieved through application,
under provisions of laws or regulations or otherwise, of ways and
means for reducing pollutant concentrations including but not lim-
ited to removal of air pollutants from exhaust gas streams, fuel
and process material changes, equipment changes, and land use man-
agement.
05C Primary Ambient Air Quality Standards for all Substances Which May
Cause Air Pollution and Control Measures To Be Required.
1. The primary ambient air quality standards for all substances which
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may cause air pollution shall be those lowest concentrations attain-
able by application of all reasonably available ways and means for
reducing pollutant concentrations in the ambient air. In situations
of time and place wherein the lower concentrations of any substance
in the "more adverse range" as set forth herein are not exceeded,
or when there is no standard at the "more adverse range," the
"serious level" is not exceeded, all necessary ways and means shall
be required for minimizing increases in concentrations of such sub-
stances in the ambient air, to the end that said concentrations
shall not be exceeded in the future.
2. No statement, numerical standard, or time limit, contained elsewhere
in ambient air quality standards shall be interpreted as mitigating
in any way the necessity for and the reasonableness of applying all
reasonably available ways and means for reducing pollutant concen-
trations in the ambient air.
_05D Secondary Ambient Air Quality Standards.
1. General
Secondary ambient air quality standards are presented in two cate-
gories: the more adverse range and the serious level. The concen-
trations denoting each category for various pollutants are present-
ed in Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range. When ambient air concentrations of any pollutant listed in
Table 3 are in the more adverse range, as set forth in Table 3, the
application of all necessary ways and means for reducing such con-
centrations shall be required and the time schedule for their im-
plementation shall be based on the premise that the pollutant con-
centrations are progressively to be reduced to the lower levels or
less a-s set forth in Table 3, within the shortest reasonable time.
Such reasonable time should not exceed seven years or such shorter
time as may be specified under provisions of the Federal Clean Air
Act.
3. Air Pollution Control Measures To Be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table 3
exceed the serious level, as set forth in Table 3, the application
of all necessary ways and means shall be required for reducing such
concentrations. The ways and means required and the time schedule
for their implementation shall be based on the premise that the
pollutant concentrations are progressively to be reduced to levels
lower than the serious level concentrations set forth in Table 3 in
the shortest possible, time. If ambient air concentrations exceed
the serious levels specified in Table 3 as of the year 1971, such
concentrations should be reduced to less than the serious levels by
not later than the end of calendar year 1974. If, in the future,
ambient air concentrations first exceed the serious level, such
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shortest time should not exceecPthree years from the year in which
the serious level is first exceeded, or such shorter time, if any,
as may be required under provisions of Federal law or regulations.
In determining the ways and means to be required for reducing pol-
lutant concentrations, matters of economics and private interests
and other factors shall be subordinate considerations to the neces-
sity of achieving the standards, for protection of the public
health. Additionally, if standards have been adopted for the more
adverse range, measures for reducing concentrations of the pollut-
ant further below the serious level shall be instituted in accord-
ance with the provisions of paragraph 05D2.
4. Measurement of Ambient Air Quality to Compare to the Standards.
a. The method of measurement for each pollutant listed shall be
the method specified in the Federal Register, Vol. 36, No. 84,
Part III, April 30, 1971. Other methods may be used if they
have been demonstrated to be equally or more specific, accur-
ate, sensitive, and reproducible. Other less specific methods
of measurement may be used provided a relationship is developed
between results obtained by such method and the method speci-
fied and provided that the results are interpreted in terms of
equivalence to those that would be expected using the listed
methods, or other equally or more specific, accurate, sensitive,
reproducible methods. Results shall be expressed as micrograms
or milligrams of the pollutant per cubic meter of air, at 25
degrees centigrade and 760 millimeters of mercury pressure ex-
cept as specifically noted in Table 3. Such values may be con-
verted to parts per million by volume (ppm) by utilizing the
appropriate conversion factor listed in Table 3.
b. Number and Duration of Measurements
(1) General. The measurements to be taken to compare the
standards shall be made at the frequency and for the dura-
tion as noted in the following appropriate subparagraphs.
(2) Annual arithmetic averages shall be based on results from
at least 52 sampling periods representing 24 hour periods,
distributed throughout the year so as to adequately re-
flect the true annual average. The second highest daily
average value so obtained shall be used to relate to the
standards expressed as maximum exceeded once per year.
(3) Daily averages shall be based on measurements made during
more than 50 percent of the time period represented. Daily
averages may also be determined on the basis of a compila-
tion of hourly averages determined as described in (6) be-
low.
(4) Eight-hour averages shall be based upon measurements
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representing at least 55 percent of the designated eight-
hour time periods. Eight-hour averages may also be deter-
mined on the basis of a compilation of eight hourly aver-
ages during designated time periods as described in (6)
below.
(5) Three-hour averages shall be based upon measurements
representing at least 55 percent of the period. Three-
hour averages may also be made on the basis of a compila-
tion of three individual hourly averages determined as
described in (6) below.
(6) Hourly averages shall be based on at least seven 'momen-
tary indications of the actual concentration during the
hour or any more nearly complete representation of actual
concentrations.
(7) Five-minute averages shall be based on samples represent-
ative of the total period. However, after a relationship
has been developed between the maximum five-minute aver-
age and any other available averaging time, the relation-
ship may be used to calculate maximum five minute'average
values from such other averaging time data.
c. Location of Measurements
Measurements of air pollutants may be made at any place where
air pollution could exist.
_05E Secondary Ambient Air Quality Standards for Fluorides.
1. Ambient air quality standards for fluorides at the more adverse and
serious level shall be those concentrations in the ambient air
which result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per gram
dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn or sorghum in-
tended for grain shall not, at time of tasseling, exceed
35 micrograms F per gram dry tissue in washed samples.
(2) Any field crops intended for market as hay silage or for-
age shall, not exceed 40 micrograms F per gram dry tissue
in unwashed samples as marketed.
-i;
-------
(3) Other field crops at any stage of growth shall not exceed
50 micrograms F per gram dry tissue in washed samples.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay
or silage grown in the area as feed shall not exceed 40
micrograms F per gram tissue in unwashed samples.
(2) The average of any two consecutive months samples of for-
age or hay or silage grown in the area as feed shall not
exceed 60 micrograms F per gram dry tissue in unwashed
samples.
(3) No monthly sample of forage or hay or silage grown in the
area as feed shall exceed 80 micrograms F per gram dry
tissue in unwashed samples.
d. Fruit trees, Berries and other Commercial Crops
\
Fully expanded functional leaves shall not exceed 50 micrograms
F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs
Fully expanded functional leaves shall not exceed 100 micro-
grams F per gram dry tissue in washed samples.
f. Conifers and Evergreen Trees or Shrubs
Fully expanded leaves or needles of the current year shall not
exceed 50 micrograms F per gram dry tissue in washed samples.
Leaves and needles of prior seasons shall not exceed 75 micro-
grams F per gram dry tissue in washed samples.
g. Grasses and Herbs
Grasses and herbs not subject to browsing, grazing or harvest
for use in feeds or food shall not exceed 150 micrograms F per
gram dry tissue in washed samples.
h. Ornamental Plantings
Ornamental plants, except trees, shrubs and turf where 05E1d,
^^OSEle, OSElf, and 05Elg apply shall not exceed 40
micrograms F per gram dry tissue in fully expanded leaves, in
washed samples, at any period during the growing season.
i. Other Values
When vegetation sampling is deemed by the Department to be not
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practicable, unsatisfactory conditions may be assumed to exist
by the Department when either:
(1) Static limed filter paper samples of 28 to 32 days expos-
ure exceed 5 micrograms F per 100 square centimeters per
day or,
(2) Gaseous fluorides exceed 2 micrograms F per cubic meter of
air in any 24-hour sample and any 72-hour avtrage exceeds
0.4 micrograms F per cubic meter of air.
2. Air Pollution Control Measures to be Required. When and where con-
centrations of fluoride cause any of the values set forth in sub-
section 05E1 to be exceeded, the application of all necessary
ways and means shall be required for reducing such concentrations.
The ways and means to be required and the time schedule for their
implementation shall be based on the premise that fluoride concen-
trations are progressively to be reduced in the shortast possible
time to levels that will not cause the values in subsection 05E2
to be exceeded.
3. Measurement of Fluoride. Methods for measuring the fluoride con-
tent of any plant tissue shall be suitable modification of the
Willard and Winter method (ref. Willard, H. H. and Winter, 0. B.
Volumetric Method for Determination of Fluoride. Ind. Eng. Chem.
Anal. Ed. 5: 7-10, 1933) such as:
Weinstein, L., R. H. Mandl, D. C. McCune, J. S. Jacobson, and
A. E. Hitchcock. Semi-Automated Analysis of Fluoride in Bio-
logical Materials. J. Air Poll. Control Assoc. 15-: 222-5,
1965.
Results are expressed on a dry weight basis in washed and unwashed
. samples as noted. Micrograms F per gram dry tissue means micro-
grams of fluoride as the ion, per gram of dry material. Methods of
measuring gaseous air samples shall be the carbonate tube method or
the dual tape method by Weinstein et al ref:
Weinstein, L. H. and R. H. Mandl. The Separation and Collection
of Gaseous and Particulate Fluoride. VDI Berichte. 164, 1970.
Qther methods may be used if they have been demonstrated to be
equally or more specific, accurate, sensitive and reproducible and
if first approved by the Department.
(2.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained in
such a manner that a nuisance or air pollution ir, created. Nothing in
this regulation shall in any manner be construed as authorizing or per-
mitting the creation of or maintenance of a nuisance or air pollution.
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_06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total weight of emissions, conceals or dilutes an
emission which would otherwise constitute a violation of any appli-
cable air pollution control regulations.
t
_06C Prohibition of Certain Incinerators.
1. No person shall cause, suffer, allow or permit the construction of
.any incinerator on or after the effective da'te of this subsection
06ClUl)if the use of such incinerator will be prohibited under
provisions of subsection 06C2.
2. No person shall cause, suffer, allow or permit the use of any flue-
fed or chute-fed single chamber incinerator on or after July 1,
1972. No person shall cause, suffer, allow or permit the use of any
other incinerator on or after July 1, 1973 except as provided below:
a. Incinerators that have a burning capacity greater than five tons
per hour and which are used to burn at least 20 tons of refuse
.per day.
b. Crematory and pathological incinerators that are used to burn
type 4 wastes (according to I.I.A. Standards) or medical wastes.
c. Specific by-product incinerators that are used to burn type 5
or 6 wastes (according to I.I.A. Standards) and which have a
burning rate of at least one ton per hour and are used to burn
at least two tons per day of waste.
3. Householders are permitted to burn ordinary household trash (I.I.A.
waste types 0 and 1 only) originating on the premises, in inciner-
ators, in those areas where public collection of refuse is not pro-
vided.
4. Any incinerator, the use of which is prohibited under provisions of
this section, shall be made inoperable in a manner approved by the
Control Officer or the Department.
_06D Refuse Burning Prohibited in Certain Installations. No person shall
burn refuse in any installation or equipment not specifically designed,
constructed or modified for that purpose.
_06E Prohibition of Certain New Fuel Burning Installations.
1. No person shall construct a new fuel burning installation designed
for use of residual fuel oil in which any individual furnace has a
heat input rate less than five million BTU per hour nor shall
residual fuel oil be used at any time in any furnace having a heat
input rate of less than five million BTU per hour if the furnace
was built on or after the effective date of these regulations. (12)
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2. No person shall construct a new fuel burning installation designed
for use of solid fuels in which any individual furnace has a heat
input rate of less than 250 million BID per hour nor shall solid
fuels be used at any time in any furnace having a Heat input rate
of less than 250 million BTU per hour if the furnace was built on
or after the effective date of these regulations. 03)
06F Control of Sources of Fluoride Emissions-
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere of fluorides from any installation in such combina-
tions and in such amounts that any provision of the ambient air
quality standards for fluorides set forth in 05E is contravened.
2. Surveillance
a. Existing Installation Surveillance Program
A person responsible for an installation discharging fluorides
• shall conduct a continuing environmental surveillance program,
in a manner approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
b. New Installation Surveillance Program
No "Permit to Construct" will be issued for any new potential
source of fluoride emissions until the applicant has conducted
a survey of background levels of fluoride in the environment
in a manner and to an extent approved by the Department. Appli-
cants for a "Permit to Operate" shall be subject to the re-
quirements of 06F2a.
c. Reporting
All data collected by the environmental programs and surveys of
fluorides, required by this subsection, shall be "maintained and
made available to the Department in a manner and on a schedule
approved by the Department. Such data shall be available to
the public.
d. Modification of Surveillance Programs
Any modification to the environmental programs and surveys re-
quired under this subsection, must be approved by the Department.
Such modification may be initiated by the Department.
(2-0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Compliance. Any individual installation which, Between the
dates of May 28, 1968 and the date these present amendments to regulation
10.03.39 were adopted, (14) was purchased as new equipment or was exten-
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sively altered, at substantial cost, for the sole purpose 'of reducing
emissions in order to comply with subsections 0101A and 0101B;
0201; 0202; 0203; 0204; 030TT or 0302~b~f regula-
tion 43P05 as it became effective on May~2~8~, 1968 is exempt from com-
pliance with section or subsections 02; _,_03B; 03C; 03E1;
032; 04A1, or 048 respectively until May 287T973, so long
as the installation continues to operate in compliance with said
regulation 43P05 of May 28, 1968.
_07B Previous Plans for Compliance. All plans for compliance with regula-
tion 43P05 as it became effective on May 28', 1968 which have been ap-
proved by the Board or the Secretary shall be evaluated by the Depart-
ment. Any part of such plans which the Department determines relate to
an installation which is subject to more restrictive emission control
requirements under terms of this amended regulation 10.03.39, as com-
pared to the respective requirements of regulation 43P05 as it became
effective on May 28, 1968, is hereby declared null and void unless
actual construction or fabrication work had been started or equipment,
materials or fuels had been ordered, purchased or delivered in pre-
paration for implementing emissions reduction work on the installation
involved prior to the date these present amendments to regulation
43P05 were adopted. An amended plan for compliance may be submitted to
the Department.
_07C Previous Regulations Remain in Effect in Certain Cases. Provisions of
regulation 43P05 as adopted on May 28, 1968 shall remain in effect with
regard to installations and matters dealt with in these amendments
until the effective dates provided for these amendments are applicable
to the respective installations or matters.
-129-
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TABLE I i
Emission Standards and Dust Collector
Performance Standards for Fuel Burning Installations
OJ
o
i
Residual oil burning; all
installations up to 200
million BTU per hour heat
Input
Residual oil burning;
existing and modified
Installations
Residual oil burning;
new fuel burning
equipment
Distillate oil burning;
all Installations
Solid fuel burning; all
Installations
Max. rated heat
Input In million BTU
per hour per furnace
Less than 10
Less than 10
10 - 50
10 - SO
51 - 200
51 - 200
Greater than
200
Greater than
200
All
sizes
200 or less
Greater than
200
(a) Relates to section 03B
(b) The method used for Measurement of both residual
the American Society for Testing and Materials.
Effective date
of
Standard
Jan.
Oct.
Jan.
Oct.
Jan.
Oct.
Jan.
Jan.
Oct.
Oct.
Oct.
Oct.
. 1971
, 1973
. 1971
. 1973
. 1971
. 1973
4. 1971
4. 1971
1. 1971
1. 1971
1. 1971
1. 1971
and distillate oil
Maximum allowable Maximum allowable
emission of emission; She 11-
partlculate matter Bacharach smoke
gr/SCFO spot test number (b)
No requirement
0.03
No -requirement
0.02S
No requirement
0.02
0.02
..._ - 0.01
No requirement
NO requirement
O.OS
0.03
burning equipment shall
6
4
6
4
6
4
4
4
3
2
No requirement
No requirement
be In accordance with method
Required collection
efficiency of dust
collector
No requirement
SOI or mure
No requirement
601 or nure
No requirement
701 or more
701 or more
60% or more
No requirement
No requirement
901 or more
991 or more
0-2156 published by
-------
Figure 1
VAPOR PRESSURE OF GASOLINES
I80-:
170-
ISO-
190-
140-
130-
120-
110-
100-
90-
8O
70-
80-
5O-
40-
30-
20-
10-
r y-\
*-
\a-
•
.
t
1 teat er ouTKLirMN » 1.0*1 U-
CWV« (4.1.1U.K •»••»«-•»•«»
a ;
W IMC 4«UNCC <* OnT*L4riaM «,».
. Mn TM( f«t,k0m>4 IVCIUCC
SkOMl >ur ic uUW
\ t«»r N4»«f»4i KM-xxTfi t? SLOPE*
M^HfltAS |f, K**OO*f ) 4 Q t M « ^
Avwinoa USOI.IMCS t — » ill M"
uaron CAWV.VKS s — i tiiL*
5*rTn/
• ^T" » ^ ^4
c 4_wjtLr4 g su-
. i = ^"HSS-s S «jO-
e ^ ffPi *
• 1 ^^W° * *°"
" * I4'flfl>u ? *o~
I ••jSSf'4 5 '°:
^rw1* 3 " "
tei /nrlfl *
• • ^ 'V ^ 12"
2O |j.
CXAU^kC* OttCtWC T^C TMVC «4 J
W^OA MCSJu«€S «r >7«r. co*^ ^
4MO ao*' M * l9^
K0^' """o" •40"/* w'
time **o* MCIU.-HCI co4nwc nuc v4«o* MCIV
** LI4 'Ml IN
it "t« 30-
oo »»
00 JV4
0-*-
-4O
•SO
•«0
•70
•ao
»9O
• IOO
1
1
• ISO
1
•zoo ^
*
^
•3OO ^
5
in
• 400 |
S
•900 |
S
•600 z
>•
•700
•.
•600
-90O
•
•IOOO
Reference: Coordinating Research Council (CRC) Handbook,
PP. 244-254 (1946)
-131-
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Table 2
MAXIMUM ALLOWABLE WEIGHT OF PARTICULATE MATTER DISCHARGED PER HOUR
Process
Wt/hr
(Ibs)
50 or
less
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
Maximum Weight
Disch/hr (Ibs)
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3. 34
3.66
3.79
3.91
Process
Wt/hr
(Ibs)
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
Maximum Weight
Disch/hr (Ibs)
5,
5,
5,
5,
5,
5.
6,
6.
6.
6.
6.
03
14
24
4.34
4,
4,
4.
4.
4.
4,
5.
5.
5.
5.
5.
44
55
64
74
84
92
02
10
18
27
36
5.44
52
61
69
77
85
93
01
08
15
22
30
6.37
Process
Wt/hr
(Ibs)
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
or
more
Maximum Weight
Disch/hr (Ibs)
6.45
.52
,60
6.67
9.
9.
7.03
7.37
7.71
8.05
8.39
8.71
.03
.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00
Relates to 03E
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Table 1
Ambient Air Quality Standards
Pollutant
Frequency
Times values may
be exceeded per
unit time
More Adverse Range
ug/m ppm
Lower Upper Lower Upper
Limit Limit Limit Limit
Serious Level Conversion Factor
ug/m ppm
1
OJ
OJ
1
1. Sulfur oxides (expressed
as sulfur dioxide con-
centrations)
Annual Arithmetic Average
24 Hour Average
One Hour Average
5-Minute Average
2. Particulate Matter
a. Suspended
Particulate
Annual Arithmetic Average
24 Hour Average
Values not to ug/m = ppm
be exceeded 39 79 0.015 0.03 79 0.03 2620
Once per year 131 262 0.05 0.10 262 0.10
Once per month 262 525- 0.10 0.20 525 0.20
Twice per week 655 1310 0.25 0.50 -1310 0.50
Values not to
be exceeded 65 75 - 75 -
Once per year 140 160 - - 160
-------
Table 1 cont'd
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
b. Dustfall
Annual Arithmetic Average
Monthly Maximum
3. Carbon Monoxide
8-Hour Arithmetic
Average 2
Hourly Average
3
4. Non-methane Hydrocarbons
3-Hour Average^
5. Photochemical Oxidants
Maximum Hourly Average
6. Nitrogen Dioxide
Annual Arithmetic Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Values not to
be exceeded
Once per year
Once per year
Once per year
Once per year
Values not to
be exceeded
Lower Limit Upper Limit
2 2
mg/cm /month mg/cm
0.35 0.50 0.50
0.70 1.00 1.0
mg/m
No standard 10
No standard 40
ug/m
No standard 160
ug/m3
No standard 160
ug/m3
No standard 100
/month
2 2
mg/cm = ton/mi
.035
ppm
3
9 mg/m x 0.873 = ppm
35
3
ppm Carbon ug/m = ppm
0.24. 655
ppm Ozone ^
ug/m = ppm
0.08 T96TT
ppm
ifg/nT = ppffl
0.05 1882
-------
References
1. Annual averages shall be based on at least nine monthly samples.
2. Applies in areas representing generalized atmospheric levels; 20 ppm applies in any other place where
members of the public congregate for extended periods of time.
3. The standards set forth in this regulation for hydrocarbons are not based upon the direct adverse effects
of hydrocarbons but upon an empirical relationship, based upon ambient air quality measurements, between
morning hydrocarbon concentrations and oxidant concentrations occurring later the same day. The hydro-
carbon standard is designed primarily to achieve the standard for photochemical oxidants. In view of the
lack of an exact quantitative relationship, the uncertainties in existing measurement techniques and a
lack of full identification of the photochemically reactive species of hydrocarbons occurring in the
ambient air in the region, these levels should be considered as tentative pending further scientific
developments.
4. Three hour period: 6 a.m. to 9 a.m. Eastern Standard Time.
CJI
I
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Maryland State Department of Health and Mental Hygiene
301 West Preston Street
Baltimore, Maryland 21201
10.03.40 Regulations Governing the Control of Air Pollution in Area V*
Pursuant to the authority conferred upon the Secretary of Health and Mental
Hygiene by Article 43, Annotated Code of Maryland, 1957 Edition, and Supple-
ment, the following regulations governing the control of air pollution in
Area V are hereby established as requirements of the Department of Health
and Mental Hygiene.
(51.13) 01 CONTROL AND PROHIBITION OF OPEN FIRES
01A General. No person shall cause, suffer, allow or oermitan open fire
except as provided in subsection 01B, QIC and 01D.
018 Control Officer May Authorize Certain Open Fires.
1. Subject to review by the Department, the Control Officer may,
upon receipt of an application made on forms provided by the
Department or local fire control agency, issue or approve a
permit in writing allowing an open fire provided all of the
following conditions are met:
a. The Control Officer is satisfied that there is no practical
alternate method to dispose of the material to
-------
employed to minimize smoke if the fire is necessary for one or more
of the following reasons or purposes:
1. For the prevention of a fire hazard that cannot be abated by
other means.
2. For the instruction of public fire fighters or industrial employees
under supervision of the appropriate fire control official.
3. For the protection of public health or safety when other means
.for disposing of hazardous materials are not available.
_01D Allowed Open Fires. Open fires otherwise in conformance with other
governmental fire control ordinances, provided no nuisance or air
pollution is created, are allowed without permission as follows:
1. In those areas where no provision is made for public collection
of leaves, the open burning of leaves originating on the premises
by householders is permitted. On and after July 1, 1973, no
leaves shall be burned at locations closer than 200 feet from
any neighboring habitable dwelling or place where, people work or
congregate.
2. In those areas where no provision is made for public collection
of refuse, burning of ordinary household trash (I.I.A. Waste types
0 and 1 only) originating on the premises, excluding commercial
establishments, by householders is permitted provided that:
a. Materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Ringelmann
Smoke Chart);
b. On and after July 1, 1973, no refuse shall be burned at loc-
ations closer than 200 feet from any neighboring habitable
dwelling or place where people work or congregate.
3. Cooking of Food.
4. Fires set in the course of agricultural operations in growing crops
or raising fowl or animals or in accepted forestry practice. In
no case shall this provision be construed as allowing the burning
of ordinary household or barnyard trash in areas where provision
is made for public collection of refuse.
5. Recreational purposes, such as campfires.
6. Oil or gas fired salamanders or similar devices designated spec-
ifically for space heating or warming of outdoor workers, etc.,
provided no visible emissions are created.
7. Warming of fires for outdoor workers, providing smoke emissions
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are not darker than No. 2 on the Ringelmann Smoke Chart, and the
fires are located no closer than 200 feet from any neighboring
habitable building.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS
02k For the purpose of these regulations:
1. "Existing installation" shall mean those erected prior to the
effective date of these regulations. (Date will be-noted by
reference number on specific regulations.)
2. "Modified installation" shall mean those altered, changed or
added to on or after the effective date of these regulations.
(Date will be noted by reference number on specific^regulations.)
3. "New Plant" shall mean any installation for which the major pro-
portion of the fuel burning, incineration, processing or manu-
facturing equipment in the installation is erected on or after
the effective date of these regulations. (Date willi be noted by
reference number on specific regulations.) This definition is not
intended to apply to a "modified installation" where new control
equipment is added to an existing installation. In questionable
cases, the determination of new plant shall be made by the De-
partment.
028 Visible Emissions from New Plants. No person shall cause, suffer,
allow or permit the discharge of emissions from any new plant or
building other than water in an uncombined form, which are visible
to human observers.
2
JD2C Visible Emissions from Existing and Modified Installations.
Existing and Modified Bituminous Concrete Manufacturing Plants.
No person shall cause, suffer, allow or permit the discharge of
emissions from any existing or modified bituminous concrete man-
ufacturing installation other than water in an uncombined form,
which are visible to human observers.
Other Existing and Modified Installations. No person shall cause
suffer, allow or permit emissions from any other existing instal-
lation, modified installation or building that are darker in shade
or appearance than that designated as No. 1 on the Ringelmann
Smoke Chart; or of such opacity as to obscure an observer's view
to a degree greater than does smoke designated as No. 1 on the
Ringelmann Smoke Chart.
_02D Exceptions.
1. Subsections 02B and 02C shall not apply to emissions during
the building of a new fire, cleaning of fires, soot blowing, start-up,
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process modification or adjustment, or occasional cleaning of
control equipment, the shade or appearance of which is not darker
than No. 2 on the Ringelmann Smoke Chart for a period or periods
aggregating no more than four minutes in any sixty minutes.
2. Any person who believes that meeting the requirements of subsec-
tion 02B is not practical in a particular instance may request
an exception to the requirements of subsection 02B. Such
a request shall be submitted to the Department in writing and in-
clude evidence to show why compliance is not practical. Based
on evidence presented and other information, the Department may
recommend to the Secretary that an exception be granted for a
period not exceeding one year at a time under such stated terms
and conditions as the Secretary may determine, provided the ap-
pellant has shown that:
a. There presently are no practical ways or means available to
enable compliance with subsection 02B and;
b. When possible, he is participating vigorously and substan-
tially in activities directed toward finding or developing
ways and means which would make it practical to reduce or
eliminate visible emissions from the kind of plant which is
at issue.
3. Subsection 02B shall not apply to emissions of the following:
a. From the burning of wood in fireplaces on premises used for
residential or recreational purposes;
b. From open fires (except salamanders) permitted under provi-
sions of subsections 01B, 01C and 01D of this reg-
ulation.
4. The Control Officer may grant exceptions to 02C above under
the following conditions:
a. When the application of 02C to a residential building
housing two or less families creates undue economic hard-
ship on individuals residing therein or,
b. When the installation's primary way of transferring heat is
by the radiant method rather than a piped fluid system such
as forced hot air, hydronic, or steam. Installations in this
category would include stoves, room heaters, floor or wall
mounted circulating heaters, fireplaces or similar devices.
(50.1) 03 CONTROL AND PROHIBITION OF PARTICIPATE MATTER EMISSIONS
(50.1) Q3A General Conditions. All calculations of particulate matter emissions
shall be made in terms of grains per standard cubic foot dry exhaust
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gas (gr/SCFD).
1. For fuel burning plants and installations calculations shall be
corrected to 50% excess air.
2. For incineration plants and installations calculations shall be
corrected to 12% carbon dioxide and as if no auxiliary fuel has
been used, except for pathological waste units which shall be
corrected to 3.5% carbon dioxide.
(51.5) 03B Control of Particulate Matter from Fuel Burning Plants and Installa-
tions.
1. General Conditions for Fuel Burning Plants and Installations.
a. When two or more fuel burning plants or installations are con-
nected to a single stack, the combined heat input of all units
connected to the stack shall be used to determine the allow-
able emissions from the stack.
b. When a single fuel burning plant or installation is connected
to two or more stacks, the allowable emissions from all the
stacks combined shall not exceed that allowable for the same
unit if connected to a single stack.
2. New Fuel Burning Plants.3
a. No person shall cause, suffer, allow or permit particulate
matter caused by the combustion of fuel in any new fuel burn-
ing plant to be discharged into the atmosphere in excess of the
amounts shown in Table 1.
b. Dust Collection Devices Required on New Fuel Burning Plants.
(1) Effective October 1, 1972, no person shall cause, suffer,
allow or permit the combustion of residual fuel oil in any
new fuel burning plant with a fuel burning capacity of
less than 200 x 106 BTU per hour unless such plant is
equipped with a dust collector, the collection efficiency
of which meets the requirements shown in Table 1.
(2) Effective immediately, no person shall cause, suffer, allow
or permit the combustion of solid fuel in any new fuel
burning plant unless such plant is equipped with a dust
collector with 99% or more efficiency or the combustion
of fuel oil in an oil burning installation-with a heat in-
put greater than 200 x 106 BTU/hour, unless equipped with
a dust collector with an efficiency of 80% or more.
3. Existing and Modified Fuel Burning Installations. No person shall
cause, suffer, allow or permit particulate matter caused by the
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combustion of fuel in any existing or modified fuel burning install-
ation to be discharged from any stack or chimney into the atmosphere
1n excess of the hourly rate set forth in the following table.
Maximum Allowable Discharge of Particulate
Heat Input in Million Matter in Pounds per million BTU From Exist-
BTU per hour ing and Modified Fuel Burning Installations
Up to and including
10 0.60
^ 10 to 100 0.35
>100 to 1000 0.20
Greater than 1000 0.12
For a heat input between any two consecutive heat inputs stated in
the preceding table, maximum allowable discharge of particulate
matter is shqwn for existing and modified fuel burning installations
on Figure 1. For the purposes hereof, heat input shall be calcu-
lated as the aggregate heat content of all fuels whose products of
combustion pass through the stack or chimney.
4. Exceptions, the Control Officer may grant exceptions to 0383
above under the following conditions:
(1) When the application of subsection 03B3 to a residential
building housing two or less families creates undue economic
hardship on individuals residing therein or,
(2) When the installation's primary way of transferring heat is by
the radiant method rather than a piped fluid system such as
forced hot air, hydronic, or steam. Plants in this category
would include stoves, room heaters, floor or wall mounted
circulating heaters, fireplaces or similar devices.
Q3C Particulate Matter from Incineration Plants and Installations.
1. New Incineration Plants.^
a. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere particulate matter to exceed 0.10 gr/SCFD
from any new incineration plant that has a burning capacity
less than 1 ton of refuse per hour and is used to burn less
than 5 tons of refuse per day.
b. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere particulate matter to exceed 0.03 gr/SCFD
from any new incineration plant that has a burning capacity
equal to or greater than 1 ton of refuse per hour or is used
to burn 5 tons or more of refuse per day.
2. Existing and Modified Incineration Installations. No person shall
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cause, suffer, allow or permit to be Discharged into the outdoor at-
mosphere from any existing or modified incinerator the following:
a. From any existing or modified incinerator burning less than 200
pounds of refuse per hour, particulate matter to exceed 0.3
grain per standard cubic foct of dry flue gas.
b. From any existing or modified incinerator burning 200 or more
pounds of refuse per hour, particulate matter exceed 0.2 grain
per standard cubic foot of dry flue gas.
(51.1) 03D Particulate Matter from Agricultural Operations.
1. Particulate Matter from Grain Drying Installations.
a. No person shall cause, suffer, allow or permit the operation of
any grain drying installation unless equipped in such a manner
that all exhaust gases discharged pass through a 50_ mesh screen;
or the installation is equipped with other equipment or incor-
porated design features that will accomplish the same of more
effective results in reducing the discharge of particulate
matter.
b. Exceptions. Mobile type grain drying installations, with an
operating capacity of 500 bushels per hour or less, located out-
side a town, village or city and at a distance greater than 300
yards from a habitable dwelling' or place of business, shall be
exempt from 03Dla provided no nuisance or air pollution is
created.
2. Control of Orchard Heaters.
General. No person shall cause, suffer, allow or permit to be used
any type of orchard heater or other such frost control device which
discharges into the atmosphere more than one gram per minute of un-
consumed carbonaceous matter.
(50.1.1) Q3E Particulate Matter from Other Plants and Installations.
1. Other New Plant.7
a. No person shall cause, suffer, allow or permit to be discharged
into the atmosphere from any other new process plant, particu-
late matter in excess of 0.03 gr/SCFD.
b. The maximum allowable weight of particulate matter discharged
per hour from any other new process plant shall not exceed that
determined from Table 2. Where the process weight per hour
falls between two values in the table, the maximum weight dis-
charged per hour shall be determined by linear interpolation.
When the process weight exceeds 60,000 pounds per hour, the
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maximum allowable weight discharged per hour will be determined
by the use of the following equation:
E = 55.0 P0'11 - 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
This limitation shall supersede the requirements of section
03Ela if it requires a lower emission rate per hour.
o
2. Other Existing and Modified Process Installations.
a. Existing and Modified Bituminous Concrete Manufacturing Installa-
tions. No person shall cause, suffer, allow or permit to be
discharged into the atmosphere from any existing or modified
bituminous concrete manufacturing installation particulate matter
in excess of 0.03 gr/SCFD.
b. Other Existing and Modified Installations.
(1) The maximum allowable weight of particulate matter dis-
charged per hour from any other existing or modified proc-
ess installation shall not exceed that determined from
Table 2. Where the process weight per hour falls between
two values in the table, the maximum weight discharged per
hour shall be determined by linear interpolation. When
the process weight exceeds 60,000 pounds per hour, the
maximum allowable weight discharged per hour will be de-
termined by use of the following equation:
E = 55.0 POJ1 - 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
(2) For those processes in which the process weight per hour
exceeds 60,000 pounds, the maximum allowable weight of
particulate matter discharged per hour may exceed that
calculated by the above equation providing that the concen-
tration of particulate matter in the gases discharged to
the atmosphere is less than 0.05 gr/SCFD.
3) Q3F Particulate Matter from Materials Handling and Construction and Other
Acts.
1. No person shall cause, suffer, allow or permit any material to be
handled, transported, or stored; or a building, its appurtenances,
or a road to be used, constructed, altered, repaired or demolished
without taking reasonable precautions to prevent particulate matter
from becoming airborne. Such reasonable precautions shall include,
when appropriate as determined by the Control Officer, but not be
limited to the following:
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a. Use of water or chemicals for control of dust in the demolition
of existing buildings or structures, construction operations,
the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which can
create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to en-
close and vent the handling of dusty materials. Adequate con-
tainment methods shall be employed during sandblasting of build-
ings or other similar operations;
d. Covering, at all times when in motion, open-bodied vehicles
transporting materials likely to create air pollution. Alter-
nate means may be employed to achieve the same results as
would covering;
e. The paving of roadways and their maintenance in a clean con-
dition;
f. The prompt removal from paved streets of earth or other mate-
rial which has been transported thereto by trucks or earth
moving equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions orig-
inate.
04 CONTROL AND PROHIBITION OF GAS. VAPOR AND ODOR EMISSIONS
(2-0) p4A General.
1. Odors. No person shall cause, suffer, allow or permit the dis-
charge into the atmosphere of gases, vapors, or odors beyond the
property line in such a manner that a nuisance or air pollution is
created.
2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard conditions.
(51.6) 04B Sulfur Oxides from the Burning of Fuel. No person shall burn, sell or
make available for sale any fuel unless the following conditions are met:
1. The combustion of all solid fuels on a premise where the sum total
maximum rated heat input of all fuel burning equipment located on
the premise is 100 million BTU per hour or greater shall not result
in a total emission of oxides of sulfur in excess of 3.5 pounds per
million BTU actual heat input per hour.
2. On and after July 1, 1975, residual fuel oil, 2.0 percent.
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3. Distillate fuel oils, 0.3 percent.
4. Process gas used as a fuel, 0.3 percent.
(50.2) Q4C Sulfur Compounds from Other than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning installa-
tions of gases containing more than 2,000 parts per million by vol-
ume of sulfur dioxide. Any such installation constructed after the
effective date of these regulations shall not discharge into the
atmosphere gases containing more than 500 parts per million by vol-
ume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning installa-
tions, of gases containing sulfuric acid, sulfur trioxide, or any
combination thereof, greater than 70 milligrams per cubic meter re-
ported as sulfuric acid. Any such installation constructed after
the effective date of these regulations10 shall not discharge into
the atmosphere gases containing sulfuric acid, sulfur trioxide, or
any combination thereof, greater than 35 milligrams per cubic meter
reported as sulfuric acid.
(2.0) 04 D Exceptions.
1. Fuels containing sulfur in excess of the amounts specified in
04B may be burned, sold, or made available for sale provided con-
trol equipment to desulfurize stack gases has been installed or
other methods of devices are employed by the user or purchaser such
that the discharge of sulfur dioxide to the atmosphere does not ex-
ceed 0.5 pounds per million BTU of heat intput to the associated
installation in which such fuel is burned.
2. The Secretary may authorize the operation of a scavenger or recov-
ery plant to reclaim sulfur compounds which would otherwise be dis-
charged into the air provided the operation of such a scavenger or
recovery plant would reduce total discharge of sulfur compounds at
least 95% with said plant in operation compared to discharge when
the aforementioned plant is not operating. Such authorization may
result in discharge of sulfur compounds whose concentration exceeds
those permitted by subsections 1 and 2 of 04C. This subsection
shall not apply to sulfuric acid manufacturing operations.
(9.0) 04E Request for Analysis. Any person offering to sell or deliver fuel or
any person responsible for equipment in which fuel is burned shall,
upon request, submit to the Department or the Control Officer such
analyses of the fuel as may be required to determine compliance with
this section.
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(50.6) OAF Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of an in-
stallation primarily engaged in the reduction of offal or vege-
table oil unless all gases, vapors and gas-entrained matter from
said installation are:
a. First cooled to a temperature of not greater than 160° F and
then
b. The non-condensible fraction is incinerated at a temperature
of not less than 1400° F for a period of not less than 0.4
seconds.
c. Alternate methods may be used if determined by the Department
to be equally or more effective for the purpose'of controlling
air pollution.
2. Any person processing or incinerating gases, vapors or gas-en-
trained matter as required by subsection 04F1 shun install,
operate and maintain in good working order and calibration, con-
tinuous recording devices for indicating temperature, or pressure
or other operating conditions. Such devices shall be approved by
the Department and all data collected shall be made available to
the Department or the Control Officer for inspection or copying
upon request of the Department. Such data shall be kept on file
by responsible persons for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or vege-
table oil to be handled, transported or stored or to' undertake the
preparation of any offal or vegetable oil without taking reason-
able precautions to prevent odors from being discharged. Such rea-
sonable precautions, when approved by the Department, shall include
but not be limited to the following:
a. Storage of all offal or vegetable oil prior to or in the process
of preparation in properly enclosed and vented equipment or
areas, together with the use of effective devices and/or methods
to prevent the discharge of odors or odor bearing gases.
b. Use of covered vehicles of watertight construction for the han-
dling and transporting of offal or vegetable oil.
c. Use of hoods and fans to enclose and vent the storage, handling,
preparation and conveying of any odorous materials together with
effective devices and/or methods to prevent emission of odors
or odor bearing gases.
4. Whenever the emissions from an installation primarily engaged in the
reduction of offal or vegetable oil create a nuisance-or air pol-
lution, beyond the property line, the Department may require that
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the building in which such installation is located be tightly
closed and vented so that all emissions are treated by incineration
•or by other methods if determined by the Department to be equally
or more effective for the purpose of controlling emissions.
5, The requirements of this subsection 04F shall not apply to any
• installation engaged exclusively in the processing of food for
human consumption.
(51.7) 04G 'Nitrogen Oxides from New Fuel Burning Equipment.
1. No person shall cause, suffer, allow or permit the discharge of
nitrogen oxides into the atmosphere, from any new fuel burning
equipment having a heat input rating of 250 mi 11ion British Thermal
Units (BTU) per hour, or more, in excess of the following rates:
a. 0.20 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when gaseous fuel is burned.
b. 0.30 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when liquid fuel is burned.
c. 0.50 pounds per million BTU heat input, maximum two hour aver-
age, expressed as NO? when solid fuel is burned.
(51.10) Q4H Nitrogen Oxides from Nitric Acid Plants.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant,^ nitrogen
oxides in excess of 5.5 pounds per ton of acid (100 percent basis)
produced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant,^ nitrogen oxides in
excess of 3.0 pounds per ton of acid (100 percent basis) produced.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in this
section 05 only, the following definitions shall apply.
1. Sulfur Oxides
'•• Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
specified herein, shall be taken to indicate the concentration of
sulfur oxides.
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2. Particulate Matter
Participate matter includes the substances collected from and/or
settling out of the atmosphere by use of the measurement proce-
dures prescribed herein for suspended particulate matter and dust-
fall , respectively.
3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, exclud-
ing mithane, whose molecules consist primarily of atoms of hydro-
gen and carbon and exist in the ambient air in the gaseous state.
Specifically excluded are hydrocarbons and other organic compounds
associated with suspended particles in the atmosphere. For pur-
pose of these air quality standards, non-methane hydrocarbons shall
be taken to be the difference between the reported total hydro-
carbons and methane values measured by the methods specified here-
in.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
air as the result of complex photochemical reactions. Because
these reactions depend on sunlight, only those oxidant concentra-
tions occurring between 11 a.m. and 5 p.m. EST are considered to be
of photochemical origin.
05B Precepts.
1. It is known that concentrations of air pollutants above certain
levels are harmful to the health of man. However, the threshold
level at which adverse effects on man's health begin are not known
with precision. It must be presumed that adverse effects oner a
long time period take place at concentrations lower than those now
known ;to produce adverse effects over short time periods. There-
fore, in establishing air quality standards, it is prudent to pro-
vide for margins of safety in reaching conclusions based on such
data as are available which relate health effects to pollutant
levels.
2. An ambient air quality standard which would result in avoidable de-
gradation of air quality is in conflict with applicable State law.
3. The ambient air quality standards set forth herein, represent goals
expressed in terms of limits on the duration and concentration* of
pollutants in the atmosphere which are not to be contravened. The
ambient air quality standards shall be achieved through application,
under provisions or laws or regulations or otherwise, of ways and
means for reducing pollutant concentrations including but not lim-
ited to removal of air pollutants from exhaust gas streams/fuel
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and process material changes, equipment changes, and land use man-
agement.
_05C Primary Ambient Air Quality Standards for All Substances Which May
Cause Air Pollution and Control Measures To Be Required.
1. The primary ambient air quality standards for all substances which
may cause air pollution shall be those lowest concentrations at-
tainable by application of all reasonably available ways and means
for reducing pollutant concentrations in the ambient air. In
situations of time and place wherein the lower concentrations of
any substance in the "more adverse range" as set forth herein are
not exceeded, or when there is no standard for the "more adverse
range", the "serious level" is not exceeded, all necessary ways
and means shall be required for minimizing increases in concentra-
tions of such substances in the ambient air, to the end that said
concentrations shall not be exceeded in the future.
2. No statement, numerical standard, or time limit, contained else-
where in ambient air quality standards shall be interpreted as
mitigating in any way the necessity for and the reasonableness of
applying all reasonably available ways and means for reducing pol-
lutant concentrations in the ambient air.
_05D Secondary Ambient Air Quality Standards.
1. General
Secondary ambient air quality standards are presented in two cate-
gories: the more adverse range and the serious level. The concen-
trations denoting each category for various pollutants are present-
ed in Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range. When ambient air concentrations of any pollutant listed in
Table 3 are in the more adverse range, as set forth in Table 3, the
application of all necessary ways and means for reducing such con-
centrations shall be required and the time schedule for their im-
plementation shall be based on the premise that the pollutant con-
centrations are progressively to be reduced to the lower levels or
less as set forth in Table 3, within the shortest reasonable time.
Such reasonable time should not exceed seven years or such shorter
time as may be specified under provisions of the Federal Clean Air
Act.
3. Air Pollution Control Measures To Be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table 3
exceed the serious level, as set forth in Table 3, the application
of all necessary ways and means shall be required for reducing
such concentrations. The ways and means .required and the time sched-
ule for their implementation shall be based on the premise that the
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pollutant concentrations are progressively to be reduced to levels
lower than the serious level concentrations set forth in Table 3
in the shortest possible time. If ambient air concentrations ex-
ceed the serious levels specified in Table 3 as of the year 1971,
such concentrations should be reduced to less than the serious
levels by not later than the end of calendar year 1974. If, in
the future, ambient air concentrations first exceed the senious
level, such shortest time should not exceed three years from the
year in which the serious level is first exceeded, or suchishorter
time, if any, as may be required under provisions of Federal law
or regulations. In determining the ways and means to be required
for reducing pollutant concentrations, matters of economics and
private interests and other factors shall be subordinate consider-
ations to the necessity of achieving the standards, for protection
of the public health. Additionally, if standards have been adopted
for the more adverse range, measures for reducing concentrations of
the pollutant further below the serious level shall be instituted
in accordance with provisions of paragraph 05D2.
4. Measurement of Ambient Air Quality to Compare to the Standards.'
a. The method of measurement for each pollutant listed shall be
the method specified in the Federal Register, Vol. 36, No. 84,
Part III, April 30, 1971. Other methods may be used if they
ha-ve been demonstrated to be equally or more specific, accur-
ate, sensitive, and reproducible. Other less specific methods
of measurement may be used provided a relationship is devel-
oped between results obtained by such method and the metihod
specified and provided that the results are interpreted in
terms of equivalence to those that would be expected using the
listed methods, or other equally or more specific, accurate,
sensitive, reproducible methods. Results shall be expressed
as micrograms or milligrams of the pollutant per cubic meter
of air, at 25 degrees Centigrade and 760 millimeters of mercury
pressure except as specifically noted in Table 3. Such values
may be converted to parts per million by volume (ppm) by uti-
lizing the appropriate conversion factor listed in Table 3.
b. Nurnber and Duration of Measurements
(1) General. The measurements to be taken to compare to the
standards shall be made at the frequency and for the dura-
tion as noted in the following appropriate sub-paragraphs.
(2) Annual arithmetic averages shall be based on results from
at least 52 sampling periods representing 24 hour periods,
distributed throughout the year so as to adequately re-
flect the true annual average. The second highest daily
average value so obtained shall be used to relate to the
standards expressed as maximum exceeded once per year.
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(3) Daily averages shall be based on measurements made during
more than 50 percent of the time period represented,
Daily averages may also be determined on the basis, of a
compilation of hourly averages determined as described in
(6) below.
(4) Eight-hour averages shall be based upon measurements rep-
resenting at least 55 percent of the designated eight-hour
time periods. Eight-hour averages may also be determined
on the basis of a compilation of eight hourly averages
during designated time periods as described in (6) below,
(5) Three-hour averages shall be based upon measurements rep-
resenting at least 55 percent of the period. Three-hour
averages may also be made on the basis of a compilation of
three individual hourly averages determined as described
in (6) below.
(6) Hourly averages shall be based on at least seven momentary
indications of the actual concentration during the hour or
any more nearly complete representation of actual concen-
trations.
(7) Five-minute averages shall be based on samples represent-
ative of the total period. However, after a relationship
has been developed between the maximum five-minute average
and any other available averaging time, the relationship
may be used to calculate maximum five-minute average val-
ues from such other averaging time data.
c. Location Measurements
Measurements of air pollutant may be made at any place where
air pollution could exist.
_05E Secondary Ambient Air Quality Standards for Fluorides.
1. Ambient air quality standards for fluorides at the more adverse and
serious levels shall be those concentrations in the ambient air
which result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per gram
dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn or sorghum in-
tended for grain shall not, at time of tasseling, exceed
35 micrograms F per gram dry tissue in washed samples.
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(2) Any field crops intended for market as hay, silage or for-
age shall not exceed 40 micrograms F per gram dry tissue
in unwashed samples as marketed.
(3) Other field crops at any stage of growth shall not exceed
50 micrograms F per gram dry tissue in washed samples.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay or
silage grown in the area as feed shall not exceed 40,micro-
grams F per fram dry tissue in unwashed samples.
(2) The average of any two consecutive months samples pf for-
age or hay or silage grown in the area as feed shall'not
exceed 60 micrograms F per gram dry tissue in unwashed
samples.
(3) No monthly sample of forage or hay or silage grown in the
area as feed shall exceed 80 micrograms F per gram d»ty
tissue in unwashed samples.
d. Fruit Trees, Berries and Other Commercial Crops
Fully expanded functional leaves shall not exceed 50 micrograms
F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs
Fully expanded functional leaves shall not exceed 100 micro-
grams F per gram dry tissue in washed samples.
f. Conifers and Evergreen Trees or Shrubs
Fully expanded leaves or needles of the current year shall not
exceed 50 micrograms F per gram dry tissue in washed samples.
Leaves and needles of prior seasons shall not exceed 75 micro-
grams F per gram dry tissue in washed samples.
g. Grasses and Herbs
Grasses and herbs not subject to browsing, grazing or harvest
for use in feeds or food shall not exceed 150 micrograms F per
gram dry tissue in washed samples.
h. Ornamental Plantings
Ornamental plants, except trees, shrubs and turf where Q5Eld,
05Eld, 05Elf, and 05Elg apply, shall not exceedTO
micrograms F per gram dry tissue in fully expanded leaves, in
washed samples, at any period during the growing season.
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i. Other Values
When vegetation sampling is deemed by the Department to be not
practicable, unsatisfactory conditions may be assumed to exist
by the Department if either:
(1) Static limed filter paper samples of 28 to 32 day expos-
ure exceed five micrograms F per 100 square centimeters
per day or,
(2) Gaseous fluorides exceed two micrograms F per cubic meter
of air in any 24 hour sample and any 72 hour average ex-
ceeds 0.4 micrograms F per cubic meter of air.
Air Pollution Control Measures To Be Required. When and where con-
centrations of fluoride cause any of the values set forth in
05E1 to be exceeded, the application of all necessary ways and
means, shall be required for reducing such concentrations. The ways
and means to be required and the time schedule for their implemen-
tation shall be based on the premise that fluoride concentrations
are progressively to be reduced in the shortest possible time to
levels that will not cause the values in subsection 05E1 to be
exceeded.
Measurement of Fluoride. Methods for measuring the fluoride con-
tent of any plant tissue shall be by suitable modification of the
Willard and Winter method (ref. Willard, H. H. and Winter, 0. B.
Volumetric Method for Determination of Fluoride. Ind. Eng. Chem.
Anal. Ed. 5: 7-10, 1933) such as:
Weinstein, L. H., R. H. Mandl, D. C. McCune, J. S. Jacobson,
and A. F. Hitchcock, Semi-Automated Analysis of Fluoride in
Biological Materials, J. Air Poll. Control Assoc. 15: 222-5,
1965.
Results are expressed on a dry weight basis in washed and unwashed
samples as noted. Micrograms F per gram dry tissue means micro-
grams of fluoride as the ion, per gram of dry material. Methods of
measuring gaseous air samples shall be by the carbonate tube method
or the dual tape method by Weinstein et al ref:
Weinstein, L. H. and R. H. Mandl. The Separation and Collect-
ion of Gaseous and Particulate Fluoride. VDI Berichte. 164,
1970.
Other methods may be used if they have been demonstrated to be
equally or more specific, accurate, sensitive and reproducible and
if first approved by the Department.
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.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained
in such a manner that a nuisance or air pollution is created. Nothing
in this regulation shall in any manner be construed as authorizing1 or
permitting the creation of or maintenance of a nuisance or air pollu-
tion.
06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total weight of emissions, conceals or dilutes an
emission which would otherwise constitute a violation of any applic-
able air pollution control regulation.
06C Refuse Burning Prohibited in Certain Installations. No person shall
burn refuse in any plant, installation or equipment not specifically
designed, constructed or modified for that purpose.
06D Prohibition of Certain New Fuel Burning Plants.^
1. No person shall construct a new fuel burning plant designed for
use of residual fuel oil in which any individual furnace has a
rated heat input of less than five million BTU per hour nor shall
residual fuel oil be used at any time in any new fuel burning
plant having a rated heat input of less than five million BTU per
hour.
2. No person shall construct a new fuel burning plant designed for
use of coal in which any individual furnace has a rated heat in-
put of less than 250 million BTU per hour nor shall coal be used
at any time in any new fuel burning plant having a rated heat im-
put of less than 250 million BTU per hour.
06E Control of Sources of Fluoride Emissions
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere of fluorides from any installation in such combina-
tions and in such amounts that any provision of the ambient air
quality standards for fluorides set forth in 05F is contro-
vened.
2. Surveillance
a. Existing Installation Surveillance Program.
A person responsible for an installation discharging fluorides
shall conduct a continuing environmental surveillance program,
in a manner approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
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b. New Installation Surveillance Program.
No "Permit to Construct" will be issued for any new potential
source of fluoride emissions until the applicant has conduct-
ed a survey of background levels of fluoride in the environ-
ment in a manner and to an extent approved by the Department.
Applicants for a "Permit to Operate" shall be subject to the
requirements of 06E2a.
c. Reporting.
All data collected by the environmental programs and surveys
of fluorides, required by this subsection, shall be maintained
and made available to the Department in a manner and on a
schedule approved by the Department. Such data shall be avail-
able to the public.
d. Modification of Surveillance Programs.
Any modification to the environmental programs and surveys,
required under this subsection, must be approved by the Depart-
ment. Such modification may be initiated by the Department.
(2.0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Plans for Compliance. All plans for compliance with regula-
tions 43P06 as it became effective on January 28, 1969, which have been
approved by the Secretary shall be evaluated by the Department. Any
part of such plans which the Department determines relate to an instal-
lation which is subject to more restrictive emission control require-
ments under terms of this amended regulation 10.03.40, as compared to
the respective requirements of regulation 43P06 as it became effective
on January 28, 1969, will be null and void. If a plan for compliance
is declared null and void, an amended plan may be submitted to the De-
partment.
07B Previous Regulations Remain in Effect in Certain Cases. Provisions of
regulation 43P06 as adopted on January 28, 1969 shall remain in effect
with regard to installations, plants and matters dealt with in these
amendments until the effective dates provided for by these amendments
are applicable to the respective plants, installations or matters.
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00 Z3
—• h-
Q CO
C£. C£.
^C 111
Q. D-
Q UJ
UJ I—
3 <
s: a:
O
Q-
MAXIMUM ALLOWED DISCHARGE OF PARTICULATE MATTER
FROM EXISTING AND MODIFIED FUEL
BURNING INSTALLATIONS
(Installation built before January 17, 1972)
O.20 -
O.I* -
O.IO
3 10
SO IOO
SOO I.OOO 3/3OQ
TOTAL INPUT - MILLIONS OF BTU PER HOUR
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TABLE 1
EMJSSIOfl[STANDARDS^ AND OUST COLLECTOR PERFORMANCE STANDARDS FOR NEW FJJEJ. BURNING PLANTS
(Plains built on or after January 17, 1972)
Max. rated heat Effective date Maximum allowable Maximum allowable Required collection
input in million BTU of emissions of emission; Shell- efficiency of dust
Installation Description per hour per furnace Standard particulate matter Bacliarach smoke collector
_!_, gr/SCFD Spol test number (a)
in _ ..._ _ _ _ ._.
' Residual oil binning (c) 5 -<10 Oct. 1, 1972 0.03 4 501 or more
10 -^51 Oct. 1. 1972 0.025 4 601 or more
51 - 200 Oil. I. 1972 0.02 4 701 or more
Greater than 200 Jan. 17, 1972 0.01 4 001 or more
Distillate nil burning AH sues Jan. 17, 1972 No requirement 2 No requirement
Si.lid tuel burning All sizes (b) Jan. 17, 1972 0.03 No requirement 99i tv IMJIC
(a) Ihe method used for measurement of butli residual and distillate oil burning equi|mient shall lie in accordance witti method Ii-21b6 published by
the American Society for Testirnj and Matt-riaU.
(b) Ho new coal burniny plants having, a rated heal iii|iut of less than 2SO million BTU per hour are allowed. (See 0602).
(c) No new residual oil burning plants having a heat input of less than S million BTU per hour are allowed. (See 0601).
-------
Table 2
MAXIMUM ALLOWABLE WEIGHT OF PARTICIPATE MATTER DISCHARGED PER HOUR
Process
Wt/hr
(Ibs)
50 or
less
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
Maximum Weight
Disch/hr (Ibs)
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2. .62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
Process
Wt/hr
(Ibs)
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
Maximum Weight
Disch/hr (Ibs)
4.03
4.14
4.24
4.34
4.44
4.55
4.64
4.74
4,
4,
5,
5.
5,
5,
5,
5,
5,
5,
5,
5,
5,
5,
6,
6.
6,
6,
6,
84
92
02
10
18
27
36
44
52
61
69
77
85
93
01
08
15
22
30
6.37
Process
Wt/hr
(Ibs)
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
Maximum Weight
Disch/hr (Ibs)
6.45
6.52
6.60
6.67
03
37
71
8.05
8.39
8.71
03
36
67
10.00
10.63
11.28
11.89
12-. 50
13.13
13.74
14,36
14.97
15.58
16.19
22.22
28.30
34.30
40,00
Relates to
03E
* For New Plants, process weight in excess governed by equation presented
in 10.03.40 03Elb.
** For Modified and Existing Installations, process weight in excess
governed by 10.03.40 03E2b.
-158-
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Table 3
Ambient Air Quality Standards
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
1. Sulfur oxides (expressed
as sulfur dioxide con-
centrations)
Annual Arithmetic Average
24 Hour Average
01
Ui
1 One flour Average
5-Minute Average
2. Particulate Matter
a. Suspended
Particulate
Annual Arithmetic Average
24 Hour Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Once per year
Once per month
Twice per week
Values not to
be exceeded
Once per year
ug/m
Lower
Limit
39
131
262
655
65
140
3 .3
ppm ug/m ppm
Upper Lower Upper
Limit Limit Limit
ug/m = ppm
79 0.015 0.03 79 0.03 2620
262 0.05 0.10 262 0.10
525 0.10 0.20 525 0.20
1310 0.25 0.50 1310 0.50
75 - - 75
160 - 160
-------
Table 3 cont'd
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
b. Dustfall
Annual Arithmetic Average
Monthly Maximum
3. Carbon Monoxide
8-Hour Arithmetic
Average 2
Hourly Average
3
4. Non-methane Hydrocarbons
3-Hour Average^
5. Photochemical Oxidants
Maximum Hourly Average
6. Nitrogen Dioxide
Annual Arithmetic Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Values not to
be exceeded
Once per year
Once per year
Once per year
Once per year
Values not to
be exceeded
Lower Limit Upper Limit
2 2
mg/cm /month mg/cm /month
2 2
mg/cm = ton/mi
0.35 0.50 0.50 .035
0.70 1.00 1.0
. 3
mg/m ppm
No standard 10 9 mg/m3 x 0.873 = ppm
No standard 40 35
3 3
ug/m ppm Carbon ug/m = ppm
No standard 160 0.24 655
3
ug/m ppm Ozone ^
ug/m = ppm
No standard 160 0.08 T%0~
/ 3
ug/m ppm
3
ug/m = ppm
No standard 100 0.05 1882
-------
References
1. Annual averages shall be based on at least nine monthly samples.
2. Applies in areas representing generalized atmospheric levels; 20 ppm applies in any other place where
members of the public congregate for extended periods of time.
3. The standards set forth in this regulation for hydrocarbons are not based upon the direct adverse effects
of hydrocarbons but upon an empirical relationship, based upon ambient air quality measurements, between
morning hydrocarbon concentrations and oxidant concentrations occurring later the same day. The hydro-
carbon standard is designed primarily to achieve the standard for photochemical oxidants. In view of the
lack of an exact quantitative relationship, the uncertainties -IM existing measurement techniques and a
lack of full identification of the photochemically reactive species of hydrocarbons occurring in the
ambient air in the region, these levels should be considered as tentative pending further scientific
developments.
_j4. Three hour period: 6 a.m. to 9 a.m. Eastern Standard Time.
cr>
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MARYLAND STATE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
301 West Preston Street
Baltimore, Maryland 21201
(As Amended Through March 13, 1972)
10.03.41 Regulations Governing the Control of Air Pollution in Area VI*
Pursuant to the authority conferred upon the Secretary of Health and.Mental
Hygiene by Article 43, Annotated Code of Maryland, 1957 Edition, and Supple-
ment, the following regulations governing the control of air pollution in
Area VI are hereby established as requirements of the Department of Health
and Mental Hygiene.
(51.13) 01 CONTROL AND PROHIBITION OF OPEN FIRES
01A General. No person shall cause, suffer, allow or permit an open fire
except as provided in section 01B, 01C and 01D.
01B Control Officer May Authorize Certain Open Fires.
1. Subject to review by the Department, the Control Officer m.ay, uoon
receipt of an application made on forms provided by tfie Department
or local fire control agency, issue or approve a permit in writ-
ing allowing an open fire provided all of the following conditions
are met:
a. The Control Officer is satisfied that there is no practical
alternate method to dipose of the material to be burned or
to conduct the desired activities.
b. No hazardous condition or air pollution or nuisance will be
created.
c. Fire control laws or regulations of other governmental agen-
cies will not be violated.
d. No materials which produce dense smoke when burned, including
but not limited to tires and roofing material, will be burned.
e. The material to be burned shall have originated on the premises
on which it is to be burned.
2. The Control Officer may impose other conditions to minimize crea-
tion of smoke, to prevent nuisances and air pollution, and to pro-
tect the health, safety, comfort and property of any persons.
*Editor's note: Eastern Shore Area comprised of Caroline, Cecil, Porchester,
Kent, Queen Anne's, Somerset, Talbot, Wicomico, Worcester
Counties.
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_01C Public Officer May Authorize Certain Fires. Public officers, in the
performance of their official duties, may set an open fire or give
permission for an open fire, with concurrence of the Control Officer,
provided all reasonable means are employed to minimize smoke if the
fire is necessary for one or more of the following reasons or purpo-
ses:
1. For the prevention of a fire hazard that cannot be abated by other
means.
2. For the instruction of public fire fighters or industrial employ-
ees under supervision of the appropriate fire control official.
3. For the protection of public health or safety when other means
for disposing of hazardous materials are not available.
_01D Allowed Open Fires. Open fires otherwise in conformance with other
governmental fire control ordinances, provided no nuisance or air.pol-
lution is created, are allowed without permission as follows:
1. In those areas where no provision is made for public collection
of leaves, the open burning of leaves originating on the premises
by householders is permitted. On and after July 1, 1973, no
leaves shall be burned at locations closer than 200 feet from any
neighboring habitable dwelling or place where people work or con-
gregate.
2. In those areas where no provision is made for public collection
of refuse, burning of ordinary household trash (I.I.A. Waste types
0 and 1 only) originating on the premises, excluding commercial
establishments, by householders is permitted provided that:
a. Materials are not burned which create dense smoke (emissions
of an opacity or darkness greater than No. 2 on the Ringel-
mann Smoke Chart);
b. On and after July 1, 1973, no refuse shall be burned at loca-
tions closer than 200 feet from any neighboring habitable
dwelling or place where people work or congregate.
3. Cooking of Food.
4. Fires set in the course of agricultural operations in growing
crops or raising fowl or animals or in accepted forestry practice.
In no case shall this provision be construed as allowing the burn-
ing of ordinary household or barnyard trash in areas where pro-
vision is made for public collection of refuse.
5. Recreational purposes, such as campfires.
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6. Oil or gas fired salamanders or similar devices designated
specifically for space heating or warming of outdoor workers,
etc. , provided no visible emissions are created.
7. Warming fires for outdoor workers, providing smoke emissions are
not darker than No. 2 on the Ringelmann Smoke Chart, and the fires
are located no closer than 200 feet from any neighboring habitable
building.
(50.1.2) 02 CONTROL AND PROHIBITION OF VISIBLE EMISSIONS
02A For the purpose of these regulations:
1. "Existing installation" shall mean those erected prior to the
effective date of these regulations. (Date will be noted by
reference number for each specific regulation.)
2. "Modified installation" shall mean those altered, changed or
added to on or after the effective date of these regulations.
(Date will be noted by reference number for each specific regul-
ation. )
3. "New Plant" shall mean any installation for which the major
proportion of the fuel burning, incineration, processing or
manufacturing equipment in the installation is erected on or
after the effective date of these regulations. (Date will be
noted by reference number for each specific regulation.) This
definition is not intended to apply to a "modified installation"
where new control equipment is added to an existing installation.
In questionable cases, the determination of new plant shall be
made by the Department.
02B Visible Emissions from New Plants. No person shall cause, suffer,
allow or permit the discharge of emissions from any newrplant or
building other than water in an uncombined form, which are visible
to human observers.
2
02C Visible Emissions from Existing and Modified Installations.
1. Existing and Modified Bituminous Concrete Manufacturing Plants.
No person shall cause, suffer, allow or permit the discharge of
emissions from any existing or modified bituminous concrete man-
ufacturing installation other than water in an uncorabined form,
which are visible to human observers.
2. Other Existing and Modified Installations. No person shall cause,
suffer, allow or permit emissions from any other existing instal-
lation, modified installation or building that are darker in
shade or appearance than that designated as No. 1 on the Ringel-
mann Smoke Chart; or of such opacity as to obscure an observer's
view to a degree greater than does smoke designated as No. 1 on
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the Ringelmann Smoke Chart.
020 Exceptions.
1. Subsections 02B and 02C shall not apply to emissions during
the building of a new fire, cleaning of fires, soot blowing,
start-up and process modification or adjustment, or occasional
cleaning of control equipment, the shade or appearance of which
is not darker than No. 2 on the Ringelmann Smoke Chart for a per-
iod or periods aggregating no more than four minutes in any six-
ty minutes.
2. Any person who believes that meeting the requirements of sub-
section 02B is not practical in a particular instance may re-
quest an exception to the requirements of subsection 02B.
Such a request shall be submitted to the Department in writing
and include evidence to show why compliance is not practical.
Based on evidence presented and other information, the Department
may recommend to the Secretary that an exception be granted for
a period not exceeding one year at a time under such stated terms
and conditions as the Secretary may determine, provided the ap-
pellant has shown that:
a. There presently are no practical ways or means available to
enable compliance with subsection 02B and;
b. When possible, he is participating vigorously and substan-
tially in activities directed toward finding or developing
ways and means which would make it practical to reduce or
eliminate visible emissions from the kind of plant which is
at issue.
3. Subsection 02B shall not apply to emissions of the following:
a. From the burning of wood in fireplaces on premises used for
residential or recreational purposes;
b. From open fires (except salamanders) permitted under provi-
sions of subsections 01B, QIC and 01D of this reg-
ulation.
4. The Control Officer may grant exceptions to 02C above under
the following conditions:
a. When the application of 02C to a residential building
housing two or less families creates undue economic hard-
ship on individuals residing therein, or,
b. When the installation's primary way of transferring heat is
by the radiant method rather than a piped fluid system such
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as forced hot air, hydronic, or steam. Installations in
this category would include stoves, room heaters, floor or
wall mounted circulating heaters, fireplaces, or similar de-
vices.
(50.1) 03 CONTROL AND PROHIBITION OF PARTICULATE MATTER EMISSIONS
(50.1) 03A General Conditions. All calculations of particulate matter emissions
shall be made in terms of grains per standard cubic foot dry exhaust
gas (gr/SCFD).
1. For fuel burning plants and installations calculations shall be
corrected to 50% excess air.
2. For incineration plants and installations calculations shall be
corrected to 12% carbon dioxide and as if no auxiliary fuel has
been used, except for pathological waste units which shall be
corrected to 3.5% carbon dioxide.
(51.5) 03B Control of Particulate Matter from Fuel Burning Plants and Installations
1. General Conditions for Fuel Burning Plants and Installations.
a. When two or more fuel burning plants or installations are
connected to a single stack, the combined heat input of all
units connected to the stack shall be used to determine the
allowable emissions from the stack.
b. When a single fuel burning plant or installation is connected
to two or more stacks, the allowable emissions from all the
stacks combined shall not exceed that allowable for the same
unit if connected to a single stack.
2. New Fuel Burning Plants.
a. No person shall cause, suffer, allow or permit particulate
matter caused by the combustion of fuel in any new fuel burn-
ing plant to be discharged into the atmosphere in excess of
the amounts shown in Table 1.
b. Dust Collection Devices Required on New Fuel Burning Plants.
(1) Effective October 1, 1972, no person shall cause, suffer,
allow or permit the combustion of residual fuel oil in
any new fuel burning plant with a fuel burning capacity
of less than 200 x 10 BTU per hour unless such plant
is equipped with a dust collector, the collection ef-
ficiency of which meets the requirements shown in Table
1.
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(2) Effective immediately, no person shall cause, suffer,
allow or permit the combustion of solid fuel in any
new fuel burning plant unless such plant is equipped
with a dust collector with 99% or more efficiency or
the combustion of fuel oil in an oil burningginstalla-
tion with a heat input greater than 200 x 10 BTU/hour,
unless equipped with a dust collector with an efficien-
cy of 80% or more.
4
3. Existing and Modified Fuel Burning Installations. No person
shall cause, suffer, allow or permit particulate matter caused
by the combustion of fuel in any existing or modified fuel burn-
ing installation to be discharged from any stack or chimney into
the atmosphere in excess of the hourly rate set forth in the fol-
lowing table.
Maximum Allowable Discharge of Parti-
Heat Input in Million culate Matter in Pounds per Million
BTU per hour BTU from Existing and Modified Fuel
Burning Installations
Up to and including 10 0.60
10 to 100 0.35
100 to 1000 0.20
Greater than 1000 0.12
For a heat input between any two consecutive heat inputs stated
in the preceding table, maximum allowable discharge of particu-
late matter is shown for existing and modified fuel burning in-
stallations on Figure 1. For the purposes hereof, heat input
shall be calculated as the aggregate heat content of all fuels
whose products of combustion pass through the stack or chimney.
4. Exceptions. The Control Officer may grant exceptions to 03B3
above under the following conditions:
a. When the application of subsection 03B3 to a residential
building housing two or less families creates undue economic
hardship on individuals residing therein or,
b. When the installation's primary way of transferring heat is
by the radiant method rather than a piped fluid system such
as forced hot air, hydronic, or steam. Plants in this cate-
gory would include stoves, room heaters, floor or wall mount-
ed circulating heaters, fireplaces or similar devices.
(51.9) 03C Particulate Matter from Incineration Plants and Installations.
1. New Incineration Plants.
a. No person shall cause, suffer, allow or permit to be discharged
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into the atmosphere particulate matter to exceed 0.10 gr/SCFD
from any new incineration plant that has a burning capacity
less than one ton of refuse per hour and is used to burn less
than five tons of refuse per day.
b. No person shall cause, suffer, allow or permit tojbe discharg-
ed into the atmosphere particulate matter to exceed 0.03
gr/SCFD from any new incineration plant that has a burning
capacity equal to or greater than one ton of refuse per hour
or is used to burn five tons or more of refuse per day.
2. Existing and Modified Incineration Installations. No person shall
cause, suffer, allow or permit to be discharged into the outdoor
atmosphere from any existing or modified incinerator the following:
a. From any existing or modified incinerator burning less than 200
pounds of refuse per hour, particulate matter to exceed 0.3
grain per standard cubic foot of dry flue gas.
b. From any existing or modified incinerator burning.200 or more
pounds of refuse per hour, particulate matter to exceed 0.2
grain per standard cubic foot of dry flue gas.
(51.1) 03D Particulate Matter from Agricultural Operations.
1. Particulate Matter from Grain Drying Installations.
a. No person shall cause, suffer, allow or permit the operation of
any grain drying installation unless equipped in Such a manner
that all exhaust gases discharged pass through a 50 mesh screen;
or the installation is equipped with other equipment or incor-
porated design features that will accomplish the same or more
effective results in reducing the discharge of particulate
matter.
b. Exceptions. Mobile type grain drying installations, with an
operating capacity of 500 bushels per hour or less, located
outside a town or village or city and at a distance greater
than 300 yards from a habitable dwelling or place of business,
shall be exempt from 03Dla provided no nuisance or air pol-
lution is created.
c. Mesh Sizing refers to the Tyler Standard Screen Scale.
2. Control of Orchard Heaters.
General. No person shall cause, suffer, allow or permit to be used
any type of orchard heater or other such frost control device which
discharges into the atmosphere more than one gram per-minute of un-
consumed carbonaceous matter.
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(50.1.1) Q3E Particulate Matter from Other Plants and Installations.
1. Other New Plants.7
a. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any other new process plant,
particulate matter in excess of 0.03 gr/SCFD.
b. The maximum allowable weight of particulate matter discharged
per hour from any other new process plant shall not exceed
that determined from Table 2. Where the process weight per
hour falls between two values in the table, the maximum weight
discharged per hour shall be determined by linear interpolation.
When the process weight exceeds 60,000 pounds per hour, the
maximum allowable weight discharged per hour will be determined
by the use of the following equation:
E = 55.0 P0'11 - 40
Where E = Maximum weight discharged per hour (Ibs.)
., . P = Process weight rate in tons per hour
This limitation shall supersede the requirements of section
03Ela if it requires a lower emission rate per hour.
2. Other Existing and Modified Process Installations.^
a'. Existing and Modified Bituminous Concrete Manufacturing Instal-
lations. No person shall cause, suffer, allow or permit to be
discharged into the atmosphere from any existing or modified
bituminous concrete manufacturing installation particulate mat-
ter in excess of 0.03 gr/SCFD.
b. Other Existing and Modified Installations.
(1) The maximum allowable weight of particulate matter dis-
charged per hour from any other existing or modified proc-
ess installation shall not exceed that determined from
Table 2. Where the process weight per hour falls between
two values in the table, the maximum weight discharged
per hour shall be determined by linear interpolation.
When the process weight exceeds 60,000 pounds per hour,
the maximum allowable weight discharged per hour will be
determined by use of the following equation:
E = 55.0 POJ1 - 40
Where E = Maximum weight discharged per hour (Ibs.)
P = Process weight rate in tons per hour
(2) For those processes in which the process weight per hour
exceeds 60,000 pounds, the maximum allowable weight of
particulate matter discharged per hour may exceed that
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calculated by the above equation providing that the con-
centration of particulate matter in the gases discharged
to the atmosphere is less than 0.5 gr/SCFD.
(51 3) 03F Particulate Matter from Materials Handling and Construction and Other
Acts.
1. No person shall cause, suffer, allow or permit any material to be
handled, transported, or stored; or a building, its appurtenances,
or a road to be used, constructed, altered, repaired or demolished
without taking reasonable precautions to prevent particulate matter
from becoming airborne. Such reasonable precautions shall include,
when appropriate as determined by the Control Officer, but not be
limited to the following:
a. Use of water or chemicals for control of dust in the demoli-
tion of existing buildings or structures, construction opera-
tions, the grading of roads or the clearing of land;
b. Application of asphalt, oil, water or suitable chemicals on
dirt roads, materials stockpiles, and other surfaces which can
create airborne dusts;
c. Installation and use of hoods, fans and dust collectors to en-
close and vent the handling of dusty materials. Adequate con-
tainment methods shall be employed during sandblasting of
buildings or other similar operations;
d. Covering, at all times when in motion, open-bodied vehicles
transporting materials likely to create air pollution. Alter-
nate means may be employed to achieve the same results as
would covering;
e. The paving of roadways and their maintenance in a clean con-
dition;
f. The prompt removal from paved streets of earth or other mate-
rial which has been transported thereto by trucks or earth mov-
ing equipment or erosion by water.
2. No person shall cause, suffer, allow or permit visible emissions
beyond the lot line of the property on which the emissions; origin-
ate.
04 CONTROL AND PROHIBITION OF GAS, VAPOR AND ODOR EMISSIONS
(2.0) 04A General.
1. Odors. No person shall cause, suffer, allow or permit the dis-
charge into the atmosphere of gases, vapors, or odors beyond the
property line in such a manner that a nuisance or air pollution is
created.
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2. General Conditions. All calculations of emissions governed by
04C shall be adjusted to standard conditions.
(51.6) 04B Sulfur Oxides from the Burning of Fuel. No person shall burn, sell or
make available for sale any fuel unless the following conditions are
met:
1. The combustion of all solid fuels on a premise where the sum total
maximum rated heat input of all fuel burning equipment located on
the premise is 100 million BTU per hour or greater shall not re-
sult in a total emission of oxides of sulfur in excess of 3.5
pounds per million BTU actual heat input per hour.
2. On and after July 1, 1975, residual fuel oil, 2.0 percent.
3. Distillate fuel oils, 0.3 percent.
4. Process gas used as a fuel, 0.3 percent.
(50.2) 04C Sulfur Compounds from Other than Fuel Burning Installations.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning installa-
tions, of gases containing more than 2,000 parts per million by
volume of sulfur dioxide. Any such installation constructed after
the effective date of these regulations (9) shall not discharge in-
to the atmosphere gases containing more than 500 parts per million
by volume of sulfur dioxide.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from installations other than fuel burning installa-
tions, of gases containing sulfuric acid, sulfur trioxide, or any
combination thereof, greater than 70 milligrams per cubic meter
reported as sulfuric acid. Any such installation constructed after
the effective date of these regulations (10) shall not discharge
into the atmosphere gases containing sulfuric acid, sulfur tri-
oxide, or any combination thereof, greater than 35 milligrams per
cubic meter reported as sulfuric acid.
(2.0) 04D Exceptions.
1. Fuels containing sulfur in excess of the amounts specified in
04B may be burned, sold, or made available for sale provided
control equipment to desulfurize stack gases has been installed or
other methods or devices are employed by the user or purchaser such
that the discharge of sulfur dioxide to the atmosphere does not ex-
ceed 0.5 pounds per million BTU of heat input to the associated in-
stallation in which such fuel is burned.
2. The Secretary may authorize the operation of a scavenger or recov-
ery plant to reclaim sulfur compounds which would otherwise be dis-
charged into the air provided the operation of such a scavenger or
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recovery plant would reduce total discharge of sulfur compounds at
least 95% with said plant in operation compared to discharge when
the aforementioned plant is not operating. Such authorization may
result in discharge of sulfur compounds whose concentration exceed
those permitted by subsections 1 and 2 of 04C. This subsection
shall not apply to sulfuric acid manufacturing operations.
(9.0) 04E Request for Analysis. Any person offering to sell or deliver* fuel or
any person responsible for equipment in which fuel is burned shall,
upon request, submit to the Department or the Control Officer*such
analyses of the fuel as may be required to determine compliance with
this section.
(50,5) 04F Control of Odors from the Reduction of Offal and Vegetable Oil.
1. No person shall cause, suffer, allow or permit the use of an in-
stallation primarily engaged in the reduction of offal orrvege-
table oil unless all gases, vapors and1gas-entrained matter from
said installation are:
a. First cooled to a temperature of not greater than 160*F and
then
b. The non-condensible fraction is incinerated at a temperature
of not less than 1400°F for a period of not less than 0.4
seconds.
c. Alternate methods may be used if determined by the Department
to be equally or more effective for the purpose of controlling
air pollution.
2. Any person processing or incinerating gases, vapors or gas-en-
trained matter as required by subsection 04F1 shall install,
operate and maintain in good working order and calibration, con-
tinuous recording devices for indicating temperature, or pressure
or other operating conditions. Such devices shall be approved by
the Department and all data collected shall be made available to
the .Department or the Control Officer for inspection or copying
upon- request of the Department. Such data shall be kept on file
by responsible persons for at least 60 days.
3. No person shall cause, suffer, allow or permit any offal or vege-
table oil to be handled, transported or stored or to undertake the
preparation of any offal or vegetable oil without taking reason-
able precautions to prevent odors from being discharged. Such
reasonable precautions, when approved by the Department, shall in-
clude but not be limited to the following:
a. Storage of all offal or vegetable oil prior to or in the pro- ..
cess of preparation in properly enclosed and vented eqaipment or
areas, together with the use of effective devices and/or meth-
ods to prevent the discharge of odor bearing gases.
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b. Use of covered vehicles of watertight construction for the
handling and transporting of offal or vegetable oil.
c. Use of hoods and fans to enclose and vent the storage, handling,
preparation and conveying of any odorous materials together
with effective devices and/or methods to prevent emission of
odors or odor bearing gases.
4. Whenever the emissions from an installation primarily engaged in
the reduction of offal or vegetable oil create a nuisance or air
pollution, beyond the property line, the Department may require that
the building in which such installation is located be tightly closed
and vented so that all emissions are treated by incineration or by
other methods if determined by the Department to be equally or more
effective for the purpose of controlling emissions.
5. The requirements of this subsection 04F shall not apply to any
installation engaged exclusively in the processing of food for
human consumption.
(51.7) 04G Nitrogen Oxides from New Fuel Burning Equipment.^
1. No person shall cause, suffer, allow or permit the discharge of
nitrogen oxides into the atmosphere, from any new fuel burning
equipment having a heat input rating of 250 million British Thermal
Units (BTU) per hour, or more, in excess of the following rates:
a. 0.20 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when gaseous fuel is burned.
b. 0.30 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when liquid fuel is burned.
c. 0.50 pounds per million BTU heat input, maximum two hour aver-
age, expressed as N02 when solid fuel is burned.
(51.10) 04H Nitrogen Oxides from Nitric Acid Plants
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any existing nitric acid plant, 12 nitrogen
oxides in excess of 5.5 pounds per ton of acid (100 percent basis)
produced.
2. No person shall cause, suffer, allow or permit the discharge into
the atmosphere from any new nitric acid plant, 13 nitrogen oxides
in excess of 3.0 pounds per ton of acid (100 percent basis) pro-
duced.
(4.0) 05 AMBIENT AIR QUALITY STANDARDS
05A Definitions. For purposes of the ambient air quality standards in this
section 05 only, the following definitions shall apply.
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1. Sulfur Oxides
Sulfur oxides include sulfur dioxide, sulfur trioxide, their acids,
and the salts of their acids. For purposes of these ambient air
quality standards, measurements of sulfur dioxide, by the method
specified herein, shall be taken to indicate the concentration of
sulfur oxides.
2. Particulate Matter
Particulate matter includes the substances collected from and/or
settling out of the atmosphere by use of the measurement proce-
dures prescribed herein for suspended particulate matter and dust-
fall , respectively.
3. Non-methane Hydrocarbons
Non-methane hydrocarbons are a class of organic compounds, exclud-
ing methane, whose molecules consist primarily of atoms of hydro-
gen and carbon and exist in the ambient air in the gaseous state.
Specifically excluded are hydrocarbons and other organic compounds
associated only with suspended particles in the atmosphere. For
purpose of these air quality standards, non-methane hydrocarbons
shall be taken to be the difference between the reported total
hydrocarbons and methane values measured by the methods specified
herein.
4. Photochemical Oxidants
The term photochemical oxidant is used to describe the oxidizing
ability of the ambient air. Oxidants are produced in the ambient
air 35 the result of complex photochemical reactions. Because
these reactions depend on sunlight, only those oxidant concentra-
tions occurring between 11 a.m. and 5 p.m. EST are considered to
be of photochemical origin.
05B Precepts.
1. It is known that concentrations of air pollutants above certain
levels are harmful to the health of man. However, the threshold
level at which adverse effects on man's health begin are not known
with precision. It must be presumed that adverse effects over a
long time period take place at concentrations lower than those now
known to produce adverse effects over short time periods. There-
fore, in establishing air quality standards, it is prudent to pro-
vide for margins of safety in reaching conclusions based on such
data as are available which relate health effects to pollutant
levels.
2. An ambient air quality standard which would result in avoidable de-
gradation of air quality is in conflict with applicable State law.
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3. The ambient air quality standards set forth herein, represent goals
expressed in terms of limits on the duration and concentration of
pollutants in the atmosphere which are not be contravened. The
ambient air quality standards shall be achieved through application,
under provisions or laws or regulations or otherwise, of ways and
means for reducing pollutant concentrations including but not lim-
ited to removal of air pollutants from exhaust gas streams, fuel
and process material changes, equipment changes, and land use man-
agement.
_05C Primary Ambient Air Quality Standards for All Substances Which May
Cause Air Pollution and^ Control Measures To Be Required.
1. The primary ambient air quality standards for all substances which
may cause air pollution shall be those lowest concentrations at-
tainable by application of all reasonably available ways and means
for reducing pollutant concentrations in the ambient air. In
situations of time and place wherein the lower concentrations of
any substance in the "more adverse range" as set forth herein are
not exceeded, or when there is no standard for the "more adverse
range", the "serious level" is not exceeded, all necessary ways
and means shall be required for minimizing increases in concentra-
tions of such substances in the ambient air, to the end that said
concentrations shall not be exceeded in the future.
2. No statement, numerical standard, or time limit, contained else-
where in ambient air quality standards shall be interpreted as
mitigating in any way the necessity for and the reasonableness of
applying all reasonably available ways and means for reducing pol-
lutant concentrations in the ambient air.
_05D Secondary Ambient Air Quality Standards.
1. General
Secondary ambient air quality standards are presented in two cate-
gories: the more adverse range and the serious level. The concen-
trations denoting each category for various pollutants are present-
ed in Table 3.
2. Air Pollution Control Measures To Be Required in the More Adverse
Range. When ambient air concentrations of any pollutant listed in
Table 3 are in the more adverse range, as set forth in Table 3, the
application of all necessary ways and means for reducing such con-
centrations shall be required and the time schedule for their im-
plementation shall be based on the premise that the pollutant con-
centrations are progressively to be reduced to the lower-levels or
less as set forth in Table 3, within the shortest reasonable time.
Such reasonable time should not exceed seven years or such shorter
time as may be specified under provisions of the Federal Clean Air
Act.
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3. Air Pollution Control Measures To Be Required at the Serious Level.
When ambient air concentrations of any pollutant listed in Table 3
exceed the serious level, as set forth in Table 3, the application
Of all necessary ways and means shall be required for reducing
such concentrations. The ways and means required and the tiifte
schedule for their implementation shall be based on the premise
that the pollutant concentrations are progressively to be reduced
to levels lower than the serious level concentrations set fofth in
Table 3 in the shortest possible time. If ambient air concentra-
tions exceed the serious levels specified in Table 3 as of tfite year
1971, such concentrations should be reduced to less than the seri-
ous levels by not later than the end of calendar year 1974. If, in
the future, ambient air concentrations first exceed the serious
level, such shortest time should not exceed three years from the
year in which the serious level is first exceeded, or such shorter
time, if any as may be required under provisions of Federal law or
regulations. In determining the ways and means to be required for
reducing pollutant concentrations, matters of economics and private
interests and other factors shall be subordinate considerations to
the necessity of achieving the standards, for protection of the
public health. Additionally, if standards have been adopted for
the more adverse range, measures for reducing concentrations of the
pollutant further below the serious level shall be instituted in
accordance with provisions of paragraph _05D2.
4. Measurement of Ambient Air Quality to Compare to the Standards.
a. The method of measurement for each pollutant listed shall be the
method specified in the Federal Register, Vol. 36, No. 84,
Part III, April 30, 1971. Other methods may be used if they
hav« been demonstrated to be equally or more specific, accu-
rate", sensitive, and reproducible. Other less specific methods
of measurement may be used provided a relationship is developed
between results obtained by such method and the method speci-
fied and provided that the results are interpreted in terms of
equivalence to those that would be expected using the listed
methods, or other equally or more specific, accurate, sensi-
tive, reproducible methods. Results shall be expressed ai
micrograms or milligrams of the pollutant per cubic meter of
air, at 25 degrees Centigrade and 760 millimeters of mercury
pressure except as specifically noted in Table 3. Such values
may be converted to parts per million by volume (ppm) by
utilizing the appropriate conversion factor listed in Tabl'e 3.
b. Number and Duration of Measurements
(1) General. The measurements to be taken to compare to the
standards shall be made at the frequency and for the dura-
tion as noted in the following appropriate sub-paragraphs.
(2) Annual arithmetic averages shall be based on results from
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at least 52 sampling periods representing 24 hour periods,
distributed throughout the year so as to adequately re-
flect the true annual average. The second highest daily
average value so obtained shall be used to relate to the
standards expressed as maximum exceeded once per year.
(3) Daily averages shall be based on measurements made during
more than 50 percent of the time period represented.
Daily averages may also be determined on the basis of a
compilation of hourly averages determined as described in
(6) below.
(4) Eight-hour averages shall be based upon measurements rep-
resenting at least 55 percent of the designated eight-hour
time periods. Eight-hour averages may also be determined
on the basis of a compilation of eight hourly averages
during designated time periods as described in (6) below.
(5) Three-hour averages shall be based upon measurements rep-
resenting at least 55 percent of the period. Three-hour
averages may also be made on the basis of a compilation of
three individual hourly averages determined as described
in (6) below.
(6) Hourly averages shall be based on at least seven momentary
indications of the actual concentration during the hour or
any more nearly complete representation of actual concen-
trations.
(7) Five-minute averages shall be based on samples represent-
ative of the total period. However, after a relationship
has been developed between the maximum five-minute average
and any other available averaging time, the relationship
may be used to calculate maximum five-minute average value
from such other averaging time data.
c. Location of Measurements
Measurements of air pollutants may be made at any place where
air pollution could exist.
_05E Secondary Ambient Air Quality Standards for Fluorides.
1. Ambient air quality standards for fluorides at the more adverse and
Serious levels shall be those concentrations in the ambient air
Which result in the following values being exceeded:
a. Vegetable Crops:
Vegetable tissue intended for human use, trimmed as normally
marketed or consumed shall not exceed 20 micrograms F per gram
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dry tissue in unwashed samples.
b. Field Crops:
(1) Middle aged fully expanded leaves of corn or sorghum in-
tended for grain shall not, at time of tassel ing, exceed
35 micrograms F per gram dry tissue in washed samples.
(2) Any field crops intended for market as hay, silage or for-
age shall not exceed 40 micrograms F^per gram dry tissue
in unwashed samples as marketed.
(3) Other field crops at any stage of growth shall not exceed
50 micrograms F per gram dry tissue in washed samples.
c. Cattle Forage:
(1) Running averages of 12 monthly samples of forage or hay
or silage grown in the area as feed shall not exceed 40
micrograms F. per gram dry tissue in unwashed samples.
(2) The average of any two consecutive months samples of for-
age or hay or silage grown in the area as feed shall not
exceed 60 micrograms F per gram dry tissue in unwashed
samples.
(3) No monthly sample of forage .or hay or silage grown in the
area as feed shall exceed 80 micrograms F per gram dry
tissue in unwashed samples.
d. Fruit Trees, Berries and Other Commercial Crops:
Fully expanded functional leaves shall not exceed 50 micro-
grams F per gram dry tissue in washed samples.
e. Deciduous Trees and Shrubs:
Fully expanded functional leaves shall not exceed 100 micro-
grams F per gram dry tissue in washed samples.
f. Conifers and Evergreen Trees or Shrubs:
Fully expanded leaves or needles of the current year shall not
exceed 50 micrograms F per gram dry tissue in washed samples.
Leaves and needles of prior seasons shall not exceed 75 micro-
grams F per gram dry tissue in washed' samples.
g. Grasses and Herbs:
Grasses and herbs not subject to browsing, grazing or harvest
for use in feeds or food shall not exceed 150 micrograms F per
gram dry tissue in washed samples.
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h. Ornamental Plantings:
Ornamental plantings, except trees, shrubs and turf where
05Eld, 05Ele, OSElf, and OSElg apply, shall not exceed
40 micrograms F per gram dry tissue in fully expanded leaves,
in washed samples, at any period during the growing season.
i. Other Values:
When vegetation sampling is deemed by the Department to be not
practicable, unsatisfactory conditions may be assumed to exist
by the Department if either:
(1) Static limed filter paper samples of 28 to 32 day exposure
exceed five micrograms F per 100 square centimeters per
day or,
(2) Gaseous fluorides exceed two micrograms F per cubic meter
of air in any 24 hour sample and any 72 hour average ex-
ceeds 0.4 micrograms F per cubic meter of air.
Air Pollution Control Measures To Be Required. When and where
concentrations of fluoride cause any of the values set forth in
05E1 to be exceeded, the application of all necessary ways and
means shall be required for reducing such concentrations. The ways
and means to be required and the time schedule for their implementa-
tion shall be based on the premise that fluoride concentrations are
progressively to be reduced in the shortest possible time to levels
that will not cause the values in subsection 05E1 to be exceeded.
Measurement of Fluoride. Methods for measuring the fluoride content
of any plant tissue shall be suitable modification of the Willard
and Winter method (ref. Willard, H. H. and Winter, 0. B. Volumetric
Method for Determination of Fluorine. Ind. Eng. Chem. Anal Ed.
5: 7-10, 1933) such as:
Weinstein, L. H., R. H. Mandl , D. C. McCune, J. S. Jacobson,
and A.F. Hitchcock, Semi-Automated Analysis of Fluoride in
Biological Materials. J. Air Poll. Control Assoc. 15: 222-5,
1965. . :
Results are expressed on a dry weight basis in washed and unwashed
samples ;as noted. Micrograms F per gram dry tissue means micro-
grams of fluoride as the ion, per gram of dry material. Methods of
measuring gaseous air samples shall be by the carbonate tube method
or the dual tape method by Weinstein et al ref:
Weinstein, L. H. and R. H. Mandl. The Separation and Collection
of Gaseous and Particulate Fluoride. VDI Berichte. 164, 1970.
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Other methods may be used if they have been demonstrated to be
equally or more specific, accurate, sensitive and reproducible and
if first approved by the Department.
;2.0) 06 CONTROL AND PROHIBITION OF INSTALLATIONS AND OPERATIONS
06A General. No installation or premise shall be operated or maintained in
such a manner that a nuisance or air pollution is created. Nothing in
this regulation shall in any manner be construed as authorizing or per-
mitting the creation of or maintenance of a nuisance or air-pollution.
•>
06B Circumvention. No person shall install or use any article, machine,
equipment or other contrivance, the use of which, without resulting in
a reduction in the total weight of emissions, conceals or dilutes an
emission which would otherwise constitute a violation of anyi applicable
air pollution control regulation.
06C Refuse Burning Prohibited in Certain Installations. No perstm shall
burn' refuse in any plant, installation or equipment not specifically
designed, constructed or modified for that purpose.
060 Prohibition of Certain New Fuel Burning Plants. ^
1. No-person shall construct a new fuel burning plant designed for use
of residual fuel oil in which any individual furnace has*a rated
heat input of less than five million BTU per hour nor shall resi-
dual fuel oil be used at any time in any new fuel burning plant
having a rated heat input of less than five million BTU per hour.
2. No person shall construct a new fuel burning plant designed for use
of'coal in which any individual furnace has a rated heat:input of
less than 250 million BTU per hour nor shall coal be used at any
time in any new fuel burning plant having a rated heat input of less
than 250 million BTU per hour.
06E Control of Sources of Fluoride Emissions.
1. No person shall cause, suffer, allow or permit the discharge into
the atmosphere of fluorides from any installation in such combi-
nations and in such amounts that anv.nrovision of the ambient air
quality standards for fluorides set forth in 05E is controvened.
2. Surveillance
a. Existing Installation Surveillance Program.
A person responsible for an installation discharging .fluorides
shall conduct a continuing environmental surveillance program,
in a manner approved by the Department, to determine whether
ambient air quality standards for fluorides are violated.
J:
4 -180-
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b. New Installation Surveillance Program.
No "Permit to Construct" will be issued for any new potential
source of fluoride emissions until the applicant has conducted
a survey of background levels of fluoride in the environment in
a manner and to an extent approved by the Department. Applicants
for "Permit to Operate" shall be subject to the requirements of
06E2a.
c. Reporting.
All data collected by the environmental programs and surveys of
fluorides, required by this subsection, shall be maintained and
made available to the Department in a manner and on a schedule
approved by the Department. Such data shall be available to
the public.
d. Modification of Surveillance Programs.
Any modification to the environmental programs and surveys, re-
quired under this subsection, must be approved by the Department.
Such modification may be initiated by the Department.
(2.0) 07 TRANSITION FROM PREVIOUS REGULATIONS
07A Previous Plans for Compliance. All plans for compliance with regu-
lations 43P07 as it became effective on January 28, 1969, which have .
been approved by the Secretary shall be evaluated by the Department.
Any part of such plans which the Department determines relate to an
installation which is subject to more restrictive emission control re-
quirements under terms of this amended regulation 10.03.41, as compared
to the respective requirements of regulation 43P07 as it became effect-
ive on January 28, 1969, will be null" and void. If a plan for compli-
ance is declared null and void, an amended plan may be submitted to
the Department.
07B Previous Regulations Remain in Effect in Certain Cases. Provisions of
regulation 43P07 as adopted on January 28, 1969 shall remain in effect
with regard to installations, plants and matters dealt with in these
amendments until the effective dates provided for by these amendments
are applicable to the respective plants, installations or matters.
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MAXIMUM ALLOWED DISCHARGE OF PARTICIPATE MATTER
FROM EXISTING AND MODIFIED FUEL
BURNING INSTALLATIONS
(Installation built before January 17, 1972)
< —i
s: oe.
=3 <
O
O-
I I 1 I I I III ! I I I I I I ll I till
0.20 -
ai* -
o.io
S 10
SO IOO
900 1.000 5000 QPOO
TOTAL INPUT - MILLIONS OF BTU PER HOUR
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TABLE 1
EMISSION STANDARDS AND DUST COLLECTOR PERFORMANCE STANDARDS FOR NEW FUEL BURNING PLANTS
(Plants built on or after January 17, 1972)
Max. rated heat
input in million BTU
Installation Description per hour per furnace
Residual oil burning (c) 5-10
10 - 51
51 - 200
Greater than 200
Distillate oil burning All sizes
Solid fuel burning All sizes (b)
Effective date
of
Standard
Oct. 1. 1972
Oct. 1. 1972
Oct. 1, 1972
Jan. 17. 1972
Jan. 17, 1972
Jan. 17. 1972
Maximum allowable
emissions of
particulate matter
gr/SCFD
0.03
0.025
0.02
0.01
No requirement
0.03
Maximum allowable
emission; Shell-
Bacharach smoke
Spot test number (a)
4
4
4
4
2
No requirement
Required collection
efficiency of dust
collector
50t or more
60% or more
701 or more
80% or more
No requirement
99% or more
(a) The method used for measurement of both residual and distillate oil bunting equipment shall be In accordance with method D-2156 published by
the American Society for Testing and Materials.
(b) No new coal burning plants having a rated heat input of less than 250 million BTU per hour are allowed. (See 0602).
(c) No new residual oil burning plants having a heat input of less than 5 million BTU per hour are allowed. (See 06U1).
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Table 2
MAXIMUM ALLOWABLE WEIGHT OF PARTICIPATE MATTER DISCHARGED PER HOUR
Process
Wt/hr
(Ibs)
50 or
less
100
150
200
250
300
350
400
450
500
550
600
650
700
750
800
850
900
950
1000
1100
1200
1300
1400
1500
1600
1700
1800
Maximum Weight
Disch/hr (Ibs)
0.24
0.46
0.66
0.85
1.03
1.20
1.35
1.50
1.63
1.77
1.89
2.01
2.12
2.24
2.34
2.43
2.53
2.62
2.72
2.80
2.97
3.12
3.26
3.40
3.54
3.66
3.79
3.91
Process
Wt/hr
(Ibs)
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
Maximum Weight
Disch/hr (Ibs)
4.
4.
4.
4.
4.
03
14
24
34
44
4.55
4.
4.
4.
4.
5.
5.
5.
5.
5.
5,
5,
5,
5,
5,
5,
5,
6,
6,
64
74
84
92
02
10
18
27
36
44
52
61
69
77
85
93
01
08
6.15
6.
6,
22
30
6.37
Process
Wt/hr
(Ibs)
4700
4800
4900
5000
5500
6000
6500
7000
7500
8000
8500
9000
9500
10000
11000
12000
13000
14000
15000
16000
17000
18000
19000
20000
30000
40000
50000
60000
Maximum Weight
Disch/hr-(Ibs)
6.45
6.52
.60
.67
.03
,37
.71
6.
6,
7.
7,
7.
8.05
8.39
8.71
9,
9.
.03
.36
9.67
10.00
10.63
11.28
11.89
12.50
13.13
13.74
14.36
14.97
15.58
16.19
22.22
28.30
34.30
40.00
Relates to
03E
* For New Plants, process weiaht in excess governed by equation presented
in 10.03.40 OSElb.
** For Modified and Existing Installations, process weight in excess
governed by 10.03.40 03E2b.
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Table 3
Ambient Air Quality Standards
Pollutant
Frequency
More Adverse Range
Serious Level Conversion Factor
1. Sulfur oxides (expressed
as sulfur dioxide con-
centrations)
Annual Arithmetic Average
24 Hour Average
•
Y1 One Hour Average
5-Minute Average
2. Particulate Matter
a. Suspended
Particulate
Annual Arithmetic Average
24 Hour Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Once per year
Once per month
Twice per week
Values not to
be exceeded
Once per year
ug/m ppm ug/m ppm
Lower Upper Lower Upper
Limit Limit Limit Limit
/ 3
ug/m = ppm
39 79 0.015 0.03 79 0.03 2620
131 262 0.05 0.10 262 0.10
262 525 0.10 0.20 525 0.20
655 1310 0.25 0.50 1310 0.50
65 75 - - 75 -
140 160 - - 160
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Table 3cont'd
Pollutant
Frequency
More Adverse Range Serious Level Conversion Factor
00
b. Dustfall
Annual Arithmetic Average
Monthly Maximum
3. Carbon Monoxide
8-Hour Arithmetic
Average 2
Hourly Average
3
4. Non-methane Hydrocarbons
3-Hour Average^
5. Photochemical Oxidants
Maximum Hourly Average
6. Nitrogen Dioxide
Annual Arithmetic Average
Times values may
be exceeded per
unit time
Values not to
be exceeded
Values not to
be exceeded
Once per year
Once per year
Once per year
Once per year
V.aljjes..n0t to
be exceeded
Lower Limit Upper Limit
2 2
mg/cm /month mg/cm
0.35 0.50 0.50
0.70 1.00 1.0
mg/m
No standard 10
No standard 40
ug/m
No standard 160
ug/m
No standard 160
ug/m3
No standard 100
/month
2 2
mg/cm = ton/mi
.035
PPm
9 mg/m x 0.873 = ppm
35
pjDm Carbon ug/m = ppm
0.24 655
ppm Ozone ,
ug/m = ppm
0.08 1960
BM
ugym = ppni
0.05 1882
-------
References
1. Annual averages shall be based on at least nine monthly samples.
2. Applies in areas representing generalized atmospheric levels; 20 ppin applies in any other place where
members of the public congregate for extended periods of time.
3. The standards set forth in this regulation for hydrocarbons are not based upon the direct adverse effects
of hydrocarbons but upon an empirical relationship, based upon ambient air quality measurements, between
morning hydrocarbon concentrations and oxidant concentrations occurring later the same day. The hydro-
carbon standard is designed primarily to achieve the standard for photochemical oxidants. In view of the
lack of an exact quantitative relationship, the uncertainties in existing measurement techniques and a
lack of full identification of the photochemically reactive species of hydrocarbons occurring in the
ambient air in the region, these levels should be considered as tentative pending further scientific
developments.
• 4. Three hour period: 6 a.m. to 9 a.m. Eastern Standard Time.
oo
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.1076 Review of new sources and modifications.
(a) The requirements of 51.18 of this chapter are not met because the
State failed to submit a plan for review of new or modified in-
direct sources.
(b) Regulation for review of new of modified indirect sources. The pro-
visions of 52.22 (b) of this chapter are hereby incorporated by
reference and made a part of the applicable implementation plan for
the State of Maryland.
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(10.0) 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 orrmay attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner shall be disregarded in determining
whether a construction or modification program is contin-
uous.
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(vi) The phrase "to commence modification" means to engage in
a continuous program of on-site modification, including
site clearance, grading, dredging, or land filling in
preparation for specific modification of the indirect
source.
(vii) The term "highway section" means the development propo-
sal of a highway of substantial length between logical
termini (major crossroads, population centers, major
traffic generators, or similar major highway control ele-
ments) as normally included in a single location study or
multi-year highway improvement program as set forth in
23 CFR 770.201 (38 FR 31677).
(viii) The term "highway project" means all or a portion of a
highway section which would result in a specific con-
struction contract.
(ix) The term "Standard Metropolitan Statistical Area (SMSA)"
means such areas as designated by the U.S. Bureau of the
Budget in the following publication: "Standard Metro-
politan Statistical Area," issued in 1967, with subse-
quent amendments.
(2) The requirements of this paragraph are applicable to the follow-
ing:
(1) In an SMSA:
(a) Any new parking facility or other new indirect
source with an associated parking area, which has a
new parking capacity of 1,000 cars or more; or
(b) Any modified parking facility, or any modification
of an associated parking area, which increases
parking capacity by 500 cars or more; or
(c) Any new highway project with an anticipated average
annual daily traffic volume of 20,000 or more vehi-
cles per day within ten years of construction; or
(d) Any modified highway project which will increase
average annual daily traffic volume by 10,000 or
more vehicles per day within ten years after modifi-
cation.
(ii) Outside an SMSA:
(a) Any new parking facility, or other new indirect
source with an associated parking area, which has
a parking capacity of 2,000 cars or more; or
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(b) Any modified parking facility, or any modification
of an associated parking area, which increases park-
ing capacity by 1,000 cars or more.
(iii) Any airport, the construction or general modification
program of which is expected to result in the following
activity within ten years of construction or modifica-
tion:
(a) New airport: 50,000 or more operations per year by
regularly scheduled air carriers, or use by 1,600,000
or more passengers per year.
(b) Modified airport: Increase of 50,000 or more opera-
tions per year by regularly scheduled air carriers
over the existing volume of operations, or increase
of 1,600,000 or more passengers per year.
(iv) Where an indirect source is constructed or modified in-
increments which individually are not subject to review
under this paragraph, and which are not part of a program
of construction or modification in planned incremental
phases approved by the Administrator, all such increments
commenced after December 31, 1974, or after the latest
approval hereunder, whichever date is most recent, shall
be added together for determining the applicability of
this paragraph.
(3) No owner or operator of an indirect source subject to this para-
graph shall commence construction or modification of such source
after December 31, 1974, without first obtaining approval from
the Administrator. Application for approval to construct or mod-
ify shall be by means prescribed by the Administrator, and shall
include a copy of any draft or final environmental impact state-
ment which has been prepared pursuant to the National Environmen-
tal Policy Act (42 U.S.C. 4321). If not included in such environ-
mental impact statement, the Administrator may request the follow-
ing information:
(i) For all indirect sources subject to this paragraph, other
than highway projects:
(a) The name and address of the applicant.
(b) A map showing the location of the site of indirect
source and the topography of the area.
(c) A description of the proposed use of the site, in-
cluding the normal hours of operation of the facil-
ity, and the general types of activities to be op-
erated therein.
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(d) A site plan showing the location of associated
parking areas, points of motor vehicle ingress and
egress to and from the site and its associated
parking areas, and the location and height of
buildings on the site.
(e) An identification of the principal roads, highways,
and intersections that will be used by motor vehi-
cles moving to or from the indirect source.
(f) An estimate, as of the first year after the date
the indirect source will be substantially complete
and operational, of the average daily traffic vol-
umes, maximum traffic volumes for one-hour and
eight-hour periods, and vehicle capacities of the
principal roads, highways, and intersections iden-
tified pursuant to subdivision (i) (e) of this sub-
paragraph located within one-fourth mile of all
boundaries of the site.
(g) Availability of existing and projected mass transit
to service the site.
(h) Where approval is sought for indirect sources to be
constructed in incremental phases, the information
required by this subparagraph (3) shall be submitted
for each phase of the construction project.
(i) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(ii) For airports:
(a) An estimate of the average number and maximum number
of aircraft operations per day by type of aircraft
during the first, fifth and tenth years after the
date of expected completion.
(b) A description of the commercial, industrial, resi-
dential and other development that the applicant
expects will occur within three miles of the perim-
eter of the a-irport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and'Tnaxi-
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 tha air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those-high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be;at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed foi» 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 applicatipn,
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 wou^d 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 d^ter-
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 whare
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator in making his final decision
on the application. No later than 10 days after the close
of the public comment period, the applicant may submit a
written response to any comments submitted by the public.
The Administrator shall consider the applicant's response
in making his final decision. All comments shall be made
available for public inspection in at least one location
in the region in which the indirect source would be lo-
cated.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the indirect source would
be located.
(vi) The Administrator may extend each of the time periods
specified in paragraphs (b) (8) (ii), (iv), or (v) of
this section by no more than 30 days, or such other peri-
od as agreed to by the applicant and the Administrator.
(9) (i) Whenever an indirect source as proposed by an owner or
operator's application would not be permitted to be con-
structed for failure to meet the tests set forth pursuant
to paragraphs (b) (4) (i), (b) (5) (i), or (b) (6) (i)
and (iii) of this section, the Administrator may impose
reasonable conditions on an approval related to the air
quality aspects of the proposed indirect source so that
such source, if constructed or modified in accordance
with such conditions, could meet the tests set forth
pursuant to paragraphs (b) (4) (i), (b) (5) (i), or (b)
(6) (i) and (iii) of this section. Such conditions may
include, but not be limited to:
(a) Binding commitments to roadway improvements or ad-
ditional mass transit facilities to serve the in-
direct source secured by the owner or operator from
governmental agencies having jurisdiction thereof;
(b) Binding commitments by the owner or operator to
specific programs for mass transit incentives for
employees and patrons of the source; and
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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 Adtninistra-
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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(9.0) 52.1077 Source surveillance.
(c) Monitoring Transporting Sources.
(1)' This section is applicable to the State of Maryland.
(2) In order to assure the effectiveness of the inspection and main-
tenance programs and the retrofit devices required under 52.1089,
52.1091, 52.1092, 52.1093, 52.1094, 52.1095, 52.1096, 52.1097,
52.1098, 52.1099, and 52.1100 the State shall monitor the actual
per-vehicle emissions reductions occurring as a result of such
measures. All data obtained from such monitoring shall be included
in the quarterly report submitted to the Administrator by the
State in accordance with 51.7 of this chapter. The first quart-
erly report shall cover the period January 1 to March 31, 1976.
(3) In order to assure in the Maryland portion of the National Capi-
tal Interstate Region the effective implementation of the carpool
locator, express bus lanes, increased bus fleet and service,
elimination of free on-street commuter parking and the parking
surcharge approved in 52.1073 (b) and to assure in the-Metropoli-
tan Baltimore Intrastate Region the effective implementation of
the traffic flow improvement program and the increasedtbus fleet
approved in 52.1073 (d) and the exclusive bus lanes required
under 52.1108, the carpool locator program required under 52.1104,
the parking restrictions and limitations required under 52.1109,
and 52.1111, and the bikeways required under 52.1106, the State
shall monitor vehicle miles traveled and average vehicle speed
for each area in which such sections are in effect and during
such sections are in effect and during such time periods as may
be appropriate to evaluate the effectiveness of such a program.
All data obtained from such monitoring shall be included in the
quarterly report submitted to the Administrator by the State of
Maryland in accordance with 51.7 of this chapter. The first
quarterly report shall cover the period from July 1 to Septem-
ber 30, 1974. The vehicle miles travelled and vehicle speed data
shall be collected on a monthly basis and submitted in a format
similar to Table 1.
Table 1
Time period --
Affected area-
Drt=1 ,, „ . „„ VMT or average vehicle speed n
Roadway type vehicle type (l) Vehicle type (2)1
Freeway—
Arterial--
Collector-
Local
>Continue with other vehicle types as appropriate
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(4) No later than March 1, 1974, the State shall be submitted to
the Administrator a compliance schedule to implement this sec-
tion. The program description shall include the following:
(i) The agency or agencies responsible for conducting over-
seeing, and maintaining the monitoring program.
(ii) The administrative procedures to be used.
(iii) A description of the methods to be used to collect the
emission data, VMT data, and vehicle speed data; a des-
cription of the geographical area to which the data apply;
identification of the location at which the data will be
collected; and the time periods during which the data will
be collected.
(37 FR 10870, May 31, 1972, as amended at 38 FR 16566,
June 22, 1973; 38 FR 33716, Dec. 6, 1973; 38 FR 34238,
Dec. 12, 1973)
(6.0) 52.1080 Compliance schedules.
(a) The requirements of 51.15 (c) of this chapter are not met since com-
pliance schedules with adequate increments of progress have not been
submitted for every source for which they are required.
(b) (Reserved)
(c) With respect to the transportation control strategies submitted by
the State, the requirements of 51.15 of this chapter are not fully
met for the measures for parking surcharge, elimination of free on-
street commuter parking, elimination of free employee parking, in-
creased bus fleet and service, and exclusive bus lanes. Provisions
to implement the requirements of 51.15 of this chapter are promul-
gated in this section.
(d) With respect to the parking surcharge measure approved in 52.1073:
(1) The State of Maryland shall not later than June 30, T974, sub-
mit to the Administrator for his approval a precise description
of areas within the Maryland portion of the National Capital
Interstate AQCR which are at the time adequately served by
mass transit, and those areas which in the judgement of the
State will be adequately served by mass transit by June 30,
1975. The documentation and policy assumptions used to select
these areas shall be included with this submission.
(2) The State of Maryland shall by June 30, 1975, and each succeed-
ing year submit to the Administrator for his approval a revised
list of those areas which are adequately served by mass transit.
Additional areas must be included as mass transit service is
increased, unless the State can affirmatively demonstrate that
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no additional areas can be included.
(e) With respect to the measure for elimination of free on-street commu-
ter parking approved in 52.1073:
(1) Each political subdivision of the State of Maryland within the
National Capital Interstate AQCR shall, no later than June 30,
1974, submit to the Administrator for his approval a compliance
schedule, including legally adopted regulations, enforcement
procedures, and a description of resources available. The com-
pliance schedule shall provide:
(i) For implementing the on-street parking ban in all areas
within which a surcharge will be required by paragraph
(d) of this section. This program shall prohibit all p-ark-
ing for more than two hours by non-residents of the area
subject to the ban during the hours from 7 a.m. to 7 p.m.
Monday through Friday (excepting holidays) on any street
within such areas. The program shall also provide for a
sticker system, under which residents of such area may
also be exempted from the ban, and for a system (whether
by notification to the enforcement authorities, or other-
wise) for also exempting bona fide visitors to residents
of such areas from the ban.
(ii) The precise resources that will be devoted to enforcing-
this measure, the method of enforcement to be used (for
example, chalking tires), and the penalties for viola-
tion. The compliance schedule shall at a minimum provide
that violators shall be subject to a $10.00 fine.
(f)
(g) (Reserved)
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(h) With respect to the express bus lane measure approved in 52.1073:
(1) The State of Maryland shall no later than January 1, 1975, es-
,tablish exclusive bus lanes in the following corridors:
(i) U.S! Route from New Carrollton to the Maryland-District
. of Columbia boundary.
(ii) Pennsylvania Avenue and Maryland Route 4 from Andrews Air
Force Base to the Maryland-District of Columbia boundary.
(iii) U.S. Route 240 from Old Georgetown Road to the Maryland-
District of Columbia boundary.
(iv) New Hampshire Avenue from U.S. Route 29 to the Maryland-
District of Columbia boundary.
Such lanes shall be inbound during the morning peak and out-
bound during the evening peak periods.
(2) The State of Maryland shall submit to the Administrator, no later
than March 1, 1974, a schedule showing the steps which it will
take to establish exclusive bus lanes in those corridors enum-
erated in paragraph (h)(l) of this section. Each schedule shall
be subject to approval by the Administrator and shall include as
a minimum the following:
(i) Identification of streets of highways that shall have por-
tions designated for exclusive bus lanes.
(ii) The date by which each street or highway shall be desig-
nated.
(3) Exclusive bus lanes
ively painted lines
riers.
must be prominently indicated by distinct-
, pylons, overhead signs, or physical bar-
(i)
(4) Application for substitution of a corridor for any of those
listed in paragraph (h)(l) of this section shall be made by the
State of Maryland for the Administrator's approval no later than
March 1, 1974.
With respect to the transportation control strategies submitted on
April 16, June 15, June 28, and July 9, 1973, by the State for the
Metropolitan Baltimore Intrastate AQCR, the requirements of 51.14
(a)(3)(iv) of this chapter are not fully met for the measures for
increased bus fleet and traffic flow improvements. Provisions to
satisfy the requirements of 51.14 (a)(3)(iv) of this chapter and
to cure lack of compliance with 51.11 (c) and 51.14 (a)(3)(i) of
this chapter are promulgated in paragraphs (j) and (k) of this sec-
tion.
(j) (Reserved)
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(k) With respect to the measures for traffic flow improvements approved
in 52.1073 (d):
(1) The State of Maryland and, with respect to projects under its
control, the City of Baltimore, shall, on or before March 1,
1974, each submit to the Administrator a compliance schedule
which shall be subject to the Administrator's approval and which
shall include, at a minimum, copies of all relevant sources of
authority for the program of traffic flow improvements, a signed
statement by the Governor of Maryland, the Mayor of Baltimore
or their designees, identifying the sources of funding for the
program, and a complete list of specific projects and their es-
timated initiation and completion dates. All projects necessary
to the pollution reduction benefits claimed in the State plan
must be completed by May 31, 1977. On or before May 1, 1974,
the State of Maryland and the City of Baltimore shall submit to
the Administrator legally adopted regulations providing for com-
pliance schedule.
(2) The State of Maryland and the City of Baltimore shall in the
compliance schedule required pursuant to this paragraph, in-
dicate for each project in the traffic management program the
increase anticipated in average annual daily traffic volume
within twenty years of project completion on the road or high-
way in question because of the project. No project shall be
approved by the Administrator if the air pollution benefits
in terms of speeding traffic flow will be negated by increased
traffic volume.
(38 FR 16145, June 20, 1973, as amended at 38 FR 33717, Dec. 6,
1973; 38 FR 34248, Dec. 12, 1973; 39 FR 1849, Jan. 15, 1974;
40 FR 16846, Apr. 15, 1975; 41 FR 54757, Dec. 15, 1976; 42 fR
7958, Feb. 3, 1977)
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(51.16) 52.1086 Gasoline transfer vapor control.
(a) "Gasoline" means any petroleum distillate having a Reid vapor pres-
sure of 4 pounds or greater.
(b) This section is applicable in the Maryland portion of the National
Capital Interstate AQCR.
(c) No person shall transfer gasoline from any delivery vessel into any
stationary storage container with a capacity greateor than 250 gallons
unless the displaced vapors from the storage container are processed
by a system that prevents release to the atmosphere of no less than
90 percent by weight of organic compounds in said vapors displaced
from the stationary container location.
(1) The vapor recovery portion of the system shall include one or
more of the following:
(i) A vapor-tight return line from the storage container to
the delivery vessel and a system that will ensure that the
vapor return line is connected before gasoline can be
transferred into the container.
(ii) Refrigeration-condensation system or equivalent designed
to recover no less than 90 percent by weight of the organic
compounds in the displaced vapor.
(2) If a "vapor-tight vapor return" system is used to meet the re-
quirements of this section, the system shall be so constructed
as to be readily adapted to retrofit with an adsorption system,
refrigeration-condensation system, or equivalent vapor removal
system, and so contructed as to anticipate compliance with 52.1087
of this chapter.
(3) The vapor-laden delivery vessel shall be subject to the follow-
ing conditions:
(i) The delivery vessel must be so designed and maintained as
to be vaportight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at
facilities equipped with a vapor recovery system or the
equivalent, which can recover at least 90 percent by
weight of the organic compounds in the vapors displaced
from the delivery vessel during refilling.
(iii) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vehicles presently in use on the prom-
ulgation date of this regulation will not be required to
be retrofitted with a vapor return system until January 1,
1977.
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(iv) Facilities which have a daily throughput of 20,000 gallons
of gasoline or less are required to have a vapor recovery
system in operation no later than May 31, 1977. Delivery
vessels and storage containers served exclusively by faci-
lities required to have a vapor recovery system in optra-
tion no later than May 31, 1977, also are required to meet
the provisions of this section no later than May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply to
the following:
(1) Stationary containers having a capacity less than 550 gallons
used exclusively for the fueling of implements of husbandry.
(2) Any container having a capacity less than 2,000 gallons instal-
led prior to promulgation of this section.
(3) Transfers made to storage tanks equipped with floating roofs or
their equivalent.
(4) Any stationary container at any facility where the monthly^av-
erage throughput (1/12 of the total throughput for the pre-
ceeding twelve months) exceeds 20,000 gallons per month and
which is subject to Maryland regulation !0.03.39.04J(2)(e) (1)
and (2).
(e) Every owner or operator of a stationary storage container or delivery
vessel subject to this section shall comply with the following com-
pliance schedule:
(1) June 1, 1974 - Submit to the Administrator a final control plan,
which describes at a minimum the steps which will be taken by
the source to achieve compliance with the provisions of para-
graph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of
component parts to accomplish emission control.
(3) May 1, 1975 - Initiate on-site contruction or installation of
emission control equipment.
(4) February 1, 1976 - Complete on-site contruction of installation
of emission control equipment.
(5) May 31, 1977. Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of progress,
whether or not the required increment of progress has been met.
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(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such
compliance to the Administrator by June 1, 1974. The Adminis-
trator may request whatever supporting information he considers
necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administrator*
by June 1, 1974, a proposed alternative schedule. No such sche-
dule may provide for compliance after March 1, 1976. Any such
schedule shall provide for certification to the Administrator, ••
within 5 days after the deadline for each increment therein, as
to whether or not that increment has been met. If promulgated
by the Administrator, such schedule shall satisfy the require-
ments of this paragraph for the affected source.
(g) Nothing in this section shall preclude the Administrator from promul-
gating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of 51.15 (b) and (c) of this chapter.
(h) Any gasoline dispensing facility subject to this section which in-
stalls a storage tank after the effective date of this section shall
comply with the requirements of paragraph (c) of this section by May
31, 1977, and prior to that date shall comply with paragraph (e) of
this section as far as possible. Any facility subject to this section
which installs a storage tank after May 31, 1977, shall comply with
the requirements of paragraph (c) of this section at the time of in-
stallation.
(38 FR 33719, Dec. 6, 1973, as amended at 39 FR 4881, Feb. 8, 1974;
39 FR 41253, Nov. 26, 1974; 41 FR 26902, June 30, 1976; 41 FR 56643,
Dec. 29, 1976; 42 FR 29004, June 7, 1977)
(51.16) 52.1087 Control of evaporative losses from the filling of vehicular tanks,
(a) "Gasoline" means any petroleum distillate having a Reid vapor pres-
sure of 4 pounds or greater.
(b) This section is applicable in the Maryland portion of the National
Capital Interstate AQCR.
(c) A person shall not transfer gasoline to an automotive fuel tank from
a gasoline dispensing system unless the transfer is made through a
fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from
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either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a system
wherein at least 90 percent by weight of the organic compounds
in displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill noz-
zle disconnect.
(d) The system referred to in paragraph (c) of this section may consist
of a vapor-tight return line from the fill nozzle-filler neck inter-
face to the dispensing tank or to an adsorption , absorption, incin-
eration, regrigeration-condensation system or its equivalent.
(e) Components of the systems required by 52.1086 may be used for com-
pliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator that
it is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, loca-
tion, or other design features of a class of vehicles, the provi-
sions of this section shall not apply to such vehicles. However, in
no case shall such configuration exempt any gasoline dispensing
facility from installing and using in the most effective manner a
system required by paragraph (c) of this section.
(g) Every owner or operator of a gasoline dispensing system subject to
this section shall comply with the following compliance schedule.
(1) January 1, 1975 - Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
taken by the source to achieve compliance with the provisions
of paragraph (c) of this section.
(2) March 1, 1975 - Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of
component parts to accomplish emission contol.
(3) May 1, 1975 - Initiate on-site construction or installation of
emission control equipment.
(4) May 1, 1977 - Complete on-site contruction installation of emi-
ssion control equipment or process modification.
(5) May 31, 1977 - Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of progress,
whether or not the required increment of progress has been met.
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(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has certified such
compliance to the Administrator by January 1, 1975. The Admin-
istrator may request whatever supporting information he consid-
ers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administra-
tor, by June 1, 1974, a proposed alternative schedule. No such
schedule may provide for compliance after May 31, 1977. Any
such schedule shall provide for certification to the Administra-
tor, within 5 days after the deadline for each increment therein,
as to whether or not that increment has been met. If promul-
gated by the Administrator, such schedule shall satisfy the
requirements of this paragraph for the affected source.
(i) Nothing in this section shall preclude the Administrator from prom-
ulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (g) of this section fails to
satisfy the requirements of 51.15 (b) and (c) of this chapter.
(j) Any gasoline dispensing facility subject to this section which in-
stalls a gasoline dispensing system after the effective date of this
section shall comply with the reain'rements of paragraph (c) of this
section by May 31, 1977, and prior to that date shall comply with
paragraph (g) of this section as far as possible. Any facility sub-
ject to this section which installs a gasoline dispensing system af-
ter May 31, 1977, shall comply with the requirements of paragraph
(c) of this section at the time of installation.
(38 FR 33719, Dec. 6, 1973, as amended at 39 FR 4881, Feb. 8, 1974;
39 FR 21053, June 18, 1974)
Note: The compliance dates given in paragraphs (g)(l)-(3) above were
deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
(51.21) 52.1088 Control of dry cleaning solvent evaporation.
(a) Definitions:
(1) "Dry cleaning operation" means that process by which an organic
solvent is used in the commercial cleaning of garments and other
fabric materials.
(2) "Organic solvents" means organic materials, including diluents
and thinners, which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents.
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(3) "Photochemically reactive solvent" means any solvent with an
aggregate of more than 20 percent of its total volume composed
of the chemical compounds classified below or which exceeds
any of the following individual percentage composition limita-
tions, as applied to the total volume of solvent.
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic
type of unsaturation: 5 percent;
(ii) A combination of aromatic compounds'with 8 or more carbon
atoms to the rcoiccule except ethylbenyenl: 8 percent;
(iii) A combination of ethylbenyene or ketones having branched
hydrpcarbon structures, trichloroethylene or toluene; 20
percent;
(b) This section is applicable to the Maryland portion of tfoe National
Capital Intrastate AQCR.
(c) No person shall operate a dry cleaning operation using other than
perchloroethylene, 1,1,1-tricloroethane, or saturated halogenated
hydrocarbons unless the uncontrolled organic emissions from such
operation are reduced at least 35 percent; provided, that dry cleaning
operations emitting less than 8 pounds per hour and less than 40
pounds per day of uncontrolled organic materials are exempt from the
requirement of this section.
(d) If incineration is used as a control technique, 90 percent or more
of the carbon in the organic emissions being incinerated must be
oxidized to carbon dioxide.
(e) Any owner or operator of a source subject to this section shall a-
chieve compliance with the requirements of paragraph (c) of this
section by discontinuing the use of photochemically reactive solvents
no later than January 31, 1S74, or by controlling emissions as re-
quired by paragraphs (c) and (d) of this section no later than May
31, 1975.
(38 FR 33720, Dec. 6, 1973)
(12.0) 52.1089 Inspection and maintenance program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program for reduc-
ing emissions from in-use vehicles through identifying vehicles
that need emission control-related maintenance and requiring
that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
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rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(4) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 GVW or more.
(5) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with the meanings
so defined.
(b) This section is applicable within the Maryland portion of the Na-
tional Capital Interstate AQCR.
(c) The State of Maryland shall establish an inspection and maintenance
program applicable to all light-duty, medium-duty, and heavy-duty
vehicles registered in the area specified in paragraph (b) of this
section that operate on public streets or highways over which it has
ownership or control. The State may exempt'any class or category
of vehicles that the State finds is rarely used on public streets
of highways (such as classic or antique vehicles). Under the program,
the State shall:
(1) Inspect all light-duty, medium-duty, and heavy-duty motor ve-
hicles at periodic intervals no more than 1 year apart,
(2) Apply inspection failure criteria consistent with the emission
reductions claimed in the plan for the strategy.
(3) Ensure that failed vehicles receive the maintenance necessary
to achieve compliance with the inspection standards and retest
failed vehicles following maintenance.
(4) (Reserved)
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(5) Begin the first inspection cycle by August 1, 1975, completing
it by July 31, 1976.
(6) Designate an agency or agencies responsible for conducting,
the inspection and maintenance program.
(d) After July 31, 1976, the State shall not register or allow to oper-
ate on public streets or highways any light-duty, medium-duty, or
heavy-duty vehicle that does not comply with the applicable re-
quirements of the program established under paragraph (c) of this
sectton. This shall not apply to the initial registration-of a new
motor vehicle.
(e) After July 31, 1976, no owner of a light-duty, medium-duty, or heavy-
duty vehicle shall operate or allow the operation of such vehicle
that does not comply with the applicable requirements of the program
established under paragraph (c) of this section. This shall not ap-
ply to the initial registration of a new motor vehicle.
(f) The State of Maryland shall submit, no later than February 1, 1974,
a detailed compliance schedule showing the steps it will take to
establish an inspection and maintenance program pursuant to' para-
graph (c) of this section.
(38 FR 33720, Dec. 6, 1973; 42 FR 30507, June 15, 1977)
(12.0) 52.1090 Bicycle lanes and bicycle storage facilities.
(a) Definitions:
(1) "Bicycle" means a two-wheel, non-motor powered vehicle'.
(2) "Bicycle lane" means a route for the exclusive use of bicycles,
either constructed specifically for that purpose or converted
from an existed lane.
(3) "Bicycle parking facility" means any storage facility for bicycles,
which allows bicycles to be locked securely.
(4) "Parking space" means the area allocated by a parking facility
for the temporary storage of one automobile.
(5) "Parking facility" means a lot, garage, building, or portion
thereof, in or on which motor vehicles are temporarily parked.
(b) This section shall be applicable in the State of Maryland portion
of the National Capital Interstate Air Quality Control Region.
(c) On or before July 1, 1976, the State of Maryland shall establish a
network of bicycle lanes linking residential areas with employment,
educational, and commercial centers in accordance with the follow-
ing requirements:
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(1) The network shall contain no less than 60 miles of bicycle lanes
in addition to any in existence as of November 20, 1973.
(Z) ' Each bicycle lane shall at a minimum.
(i) Be clearly marked by signs indicating that the lane is for
the exclusive use of bicycles (and pedestrians, if neces-
sary);
(ii) Be separated from motor vehicle traffic by appropriate
devices, such as physical barriers, pylons, or painted
1i nes;
(iii) Be regularly maintained and repaired;
(iv) Be of a hard, smooth surface suitable for bicycles;
(v) Be at least 5 feet wide for one-way traffic, or 8 feet wide
for two-way traffic;
(vi) If in a street used by motor vehicles, be a minimum of 8
feet wide whether one-way or two-way; and
(vii) Be adequately lighted.
(3) Off-street bicycle lanes which are not reasonably suited for
commuting to and from employment, educational, and commercial
centers shall not be considered a part of this network.
(4) On or before October 1, 1974, the State of Maryland shall es-
tablish 25 percent of the total mileage of the bicycle lane
network; on or before June 1, 1976, 100 percent of the total
mileage shall be established.
(d) On or before June 1, 1974, the State of Maryland shall submit to the
Administrator a comprehensive study of a bicycle lane and bicycle
path network. The study shall include, but not be limited to the
following:
(1) A bicycle user and potential user survey, which shall at a min-
imum determine:
(i) For present bicycle riders, the origin, destination, fre-
quency, travel time, and distance of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of
transportation, including the number of employees who would
convert to the bicycle mode from other modes upon comple-
tion of the bicycle lane network described in paragraph (c)
of this section.
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(2) A determination of the feasibility and location of on-street
lanes.
(3) A determination of the feasibility and location of off-street
lanes.
(4) A determination of the special problems related to feeder lanes
to bridges, on-bridge lanes, feeder lanes to METRO arrd railroad
stations, and feeder lanes to fringe parking areas, and the
means necessary to include such lanes in the bicycle lane net-
work described in paragraph (c) of this section.
(5) A determination of the feasibility and location of various meth-
ods of safe bicycle parking.
(6) The study shall make provision for the receipt of pubJic com-
ments on any matter within the scope of the study, including
the location of the bicycle lane network described in, paragraph
(c) of this section.
(e) By June 1, 1974, in addition to the comprehensive study required
pursuant to paragraph (d) of this section, the State of Maryland
shall submit to the Administrator a detailed compliance schedule
showing the steps it will take to establish this network pursuant
to paragraphs (c) and (g) of this section. The compliance-schedule
shall identify in detail the names of streets that will provide bi-
cycle lanes and the location of any lanes to be contructed'especi-
ally for bicycle use. It shall also include a statement indicating
the source, amount, and adequacy of funds to be used in implementing
this .section, and the text of any needed statutory proposals and
needed regulations which will be proposed for adoption.
(f) On or before October 1, 1974, the State of Maryland shall submit to
the Administrator legally adopted regulations sufficient to imple-
ment and enforce all of the requirements of this section.
(g) On or before June 1, 1975, the State of Maryland shall require all
ownens and operators of parking facilities containing more-than 50
parking spaces (including both free and commercial facilities) with-
in the area specified in paragraph (b) of this section to provide
spaces for the storage of bicycles in the following ratio: one auto-
mobile-sized parking space (with a bicycle parking facility) for the
stora-ge of bicycles for every 75 parking spaces for the storage of
autos.
(1) Bicycle parking facilities shall be so located as to be safe
from motor vehicle traffic and secure from theft. They shall
be properly repaired and maintained.
(2) The METRO Subway System shall provide a sufficient number of
safe and secure bicycle parking facilities at each station to
meet the needs of its riders.
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(3) All parking facilities owned, operated, or leased by the Federal
Government shall be subject to this paragraph.
(4) Any owner or operator of a parking facility which charges a fee
for ithe storage of motor vehicles shall store bicycles at a
" price per unit per hour which is no greater in relation to the
cost of storing them than is the price of parking for a motor
vehicle in relation to the cost of storing it. Unless the owner
or operator makes an affirmative showing to the State of Mary-
land of different facts, and agrees to charge in conformity with
that showing, the ratio in costs and prices shall be determined
by the maximum number of bicycles that can be stored in a single
standard-sized automobile parking space.
(38 FR 33721, Dec. 6, 1973)
(12.0) 52.1091 Medium-duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/Fuel Control Retrofit" means a system or device (such as
modification to the engine's carburetor or positive crankcase
ventilation system) that results in engine operation at an in-
creased air/fuel ratio so as to achieve reduction in exhaust
emissions of hydrocarbons and carbon monoxide from 1973 and
earlier medium-duty vehicles of at least 15 and 30 percent,
respectively.
(2) "Medium-duty vehicle" means a gasoline powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVH.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Maryland portion of the Na-
tional Capital Interstate AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before May 31, 1976, all medium-duty vehicles of model
years prior to 1973 which are not required to be retrofitted with
an oxidizing catalyst or other approved device pursuant to 52.1093
of this chapter, which are registered in the area specified in para-
graph (b) of this section, are equipped with an appropriate air/fuel
control device or other device as approved by the Administrator that
will reduce exhaust emissions of hydrocarbons and carbon monoxide
to the same extent as an air/fuel control device. No later than
February 1, 1974, the State of Maryland shall submit to the Admin-
istrator a detailed compliance schedule showing the steos it will
take to establish and enforce a retrofit program pursuant to this
section, including the text of statutory proposals, regulations, and
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•enforcement procedures that the State proposes for adoption. The
compliance schedule shall also include a date by which the State
shall evaluate and approve devices for use in this program. Such
date shall be no later than September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approving
devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
(,3) Provisions for beginning the installation of the retrofit devi-
ces by August 1, 1975, and completing the installation of the
devices on all vehicles subject to this section no later than
May 31, 1976.
(4) A provision that no later than May 31, 1976, no vehicle for which
retrofit is required under this section shall pass the annual
emission tests provided for by 52.1089 unless it has been first
equipped with an approved air/fuel control device, or other de-
vice approved pursuant to this section, which the test has
shown to be installed and operating correctly. The regulations
shall include test procedures and failure criteria for imple-
menting this provision.
(5) Methods and procedures for ensuring that those persons instal-
ling the retrofit devices have the training and ability to per-
form the needed tasks satisfactorily and have an adequate supply
of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After May 31, 1976, the State shall not register or allow to operate
on its streets or highways any vehicle that does not comply with the
applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After May 31, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implemented
by this section.
(g) The State may exempt any class or category of vehicles from this
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section which the State finds is rarely used on public streets and
highways (such as classic or antique vehicles) or for which the
State demonstrates to the Administrator that air/fuel control devi-
ces br other devices approved pursuant to this section are not com-
mercially available.
(38 FR 33721, Dec. 6, 1973)
(12.0) 52.1092 Heavy-duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/Fuel Control Retrofit" means a system or device (such as
modification to the engine's carburetor or positive crankcase
ventilation system) that results in engine operation at an in-
creased air-fuel ratio so as to achieve reduction in exhaust
emissions of hydrocarbon and carbon monoxide from heavy-duty
vehicles of at least 30 and 40 percent, respectively.
(2) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 Ib. gross vehicle weight (GVW) or more.
(3) All other terms used in this section that are defined in Part
51, Appendix N, are used herein with meanings so defined.
(b) This section is applicable within the Maryland portion of the Nation-
al Capital Interstate AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before May 31, 1977, all heavy-duty vehicles registered
in the areas specified in paragraph (b) of this section are equip-
ped with an appropriate air/fuel control retrofit or other device as
approved by the Administrator that will reduce exhaust emissions of
hydrocarbons and carbon monoxide at least to the same extent as an
air/fuel control retrofit. No later than April 1, 1974, the State
of Maryland shall submit to the Administrator a detailed compliance
schedule showing the steps it will take to establish and enforce a
retrofit program pursuant to this section, including the text of
statutory proposals, regulations, and enforcement procedures that
the State proposes for adoption. The compliance schedule shall also
include a date by which the State shall evaluate and approve devices
for use in this program. Such date shall be no later than January
1, 1975.
(d) No later than September 1, 1974, the State shall submit legally ad-
opted regulations to the Administrator establishing such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
' ing devices for use on vehicles subject to this section.
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(2) Designation of an agency responsible for ensuring that the
provisions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by January 1, 1976, and completing the installation of
the device on all vehicles subject to this section no later
than May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no vehicle
for which retrofit is required under this section shall pass
the annual emission tests provided for by 52.1089 unless it has
been first equipped with an approved air/fuel control retrofit,
or other device approved pursuant to this section, whsich the
test has shown to be installed and operating correctly. The
regulations shall include test procedures and failure criteria
for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After May 31, 1977, the State shall not register or allow to operate
on its streets or highways any vehicle that does not comply with the
applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implement-
ing this section.
(g) The State may exempt any class or category of vehicles from" this sec-
tion which the State finds is rarely used on public streets' and high-
ways (such as classic or antique vehicles) or for which the* State
demonstrates to the Administrator that air/fuel control retrofits or
other devices approved pursuant to this section are not commercially
available.
(38 FR 33722, Dec. 6, 1973)
(12.0) 52.1093 Oxidizing catalyst retrofit.
(a) Definitions:
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(1) "Oxidizing catalyst" means a device that uses a catalyst instal-
led in the exhaust system of a vehicle (and if necessary includes
an air pump) so as to achieve a reduction in exhaust emissions
of hydrocarbon and carbon monoxide of at least 50 and 50 percent,
respectively, from light duty vehicles of 1971 through 1975
model years, and of at least 50 and 50 percent, respectively,
from medium-duty vehicles of 1971 through 1975 model years.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(4) "Fleet vehicle" means any of 5 or more light duty vehicles op-
erated by the same person(s), business, or governmental entity
and used principally in connection with the same or related
occupations or uses. This definition shall also include any
taxicab (or other light duty vehicle-for-hire) owned by any
individual or business.
(5) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein within meanings
• so defined.
(b) This section is applicable within the Maryland portion of the Nation-
al Capital Interstate AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before May 31, 1977, all light-duty fleet vehicles of
model years 1971 through 1975, and all medium-duty vehicles of model
years 1971 through 1975 which are registered in the area specified
in paragraph (b) of this section and are able to operate on 91 RON
gasoline are equipped with an appropriate oxidizing catalyst retrofit
device, or other device, as approved by the Administrator, that will
reduce exhaust emissions of hydrocarbons and carbon monoxide to the
same extent as an oxidizing catalyst retrofit device. No later than
April 1, 1974, the State of Maryland shall submit to the Administra-
tor a detailed compliance schedule showing the steps it will take to
establish and enforce a retrofit program pursuant to this section,
including the text of statutory proposals, regulations, and enforce-
ment procedures that the State proposes for adoption. The compliance
schedule shall also include a date by which the State shall evaluate
and approve devices for use in this program. Such data shall be no
later than January 1, 1975.
(d) No later than September 1, 1974, the State shall submit legally ad-
opted regulations to the Administrator establishing such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and approving
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devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by January 1, 1976, and for completing the installation
of the devices on all vehicles subject to this section no later
than May 31, 1977.
(4) A provision that starting no later than May 3, 1977, no vehicle
for which retrofit is required under this section shall pass the
annual emission tests provided for by 52.1089 unless it has been
first equipped with an approved oxidizing catalyst device, or
other device approved pursuant to this section, which the test
has shown to be installed and operating correctly. The regula-
tions shall include test procedures and failure criteria for
implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation, or some other
positive assurance that the device is installed and operating
correctly.
(e) After May 31, 1977, the State shall not register or allow to operate
on its streets or highways any vehicle that does not compTy with the
applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section.
(g) Any vehicle which is manufactured equipped with an oxidizing catalyst,
or Which is certified to meet the original 1975 light duty vehicle
emissions standards set forth in section 202(b)(l)(a) of the Clean
Air Act of 1970 (without regard to any suspension of such standards)
shall be exempt from the requirements of this section.
(38 FR 33722, Dec. 6, 1973)
(12.0) 52.1094 Vacuum spark advance disconnect retrofit.
(a) Definitions:
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(1) "Vacuum spark advance disconnect retrofit" means a device or
system installed on a motor vehicle that prevents the ignition
vacuum advance from operating either when the vehicle's trans-
mission is in the lower gears, or when the vehicle is traveling
below a predetermined speed, so as to achieve reduction in ex-
haust emissions of hydrocarbon and carbon monoxide from 1967
and earlier light-duty vehicles of at least 25 and 9 percent,
respectively.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Maryland portion of the National
Capital Interstate AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before January 1, 1976, all light-duty vehicles of model
years prior to 1968 registered in the area specified in paragraph
(b) of this section are equipped with an appropriate vacuum spark
advance disconnect retrofit device or other device, as approved by
the Administrator, that will reduce exhaust emissions of hydrocar-
bons and carbon monoxide at least to the same extent as a vacuum
spark advance disconnect retrofit. Mo later than February 1, 1974,
the State of Maryland shall submit to the Administrator a detailed
compliance schedule showing the steps it will take to establish and
enforce a retrofit program pursuant to this section, including the
text of statutory proposals, regulations, and enforcement procedures
that the State proposes for adoption. The compliance schedule shall
also include a date by which the State shall evaluate and approve
devices for use in this program. Such date shall be no later than
September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of .an agency responsible for ensuring that the pro-
visions of paragraph (d)(3) of this section are enforced.
(3) Provisions for beginning the installation of the retrofit devi-
ces by January 1, 1975, and completing the installation of the
devices en all vehicles subject to this section no later than
January 1, 1976.
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(4) A provision that starting no later than January 1, 1976, no
vehicle for which retrofit is required under this section shall
pass the annual emission tests provided for 52.1089 unless it
Has been first equipped with an approved vacuum spark advance
disconnect retrofit device, or other device approved pursuant
to this section, which the test has shown to be installed and
operating correctly. The regulations shall include test pro-
cedures and failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of re-
trofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After January 1, 1976, the State shall not register or allow to op-
erate on its streets or highways and light-duty vehicle that does
not comply with the applicable standards and procedures adopted pur-
suant to paragraph (d) of this section.
(f) After January 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section.
(g) The State may exempt any class or category of vehicles from this
section which the State finds is rarely used on public streets and
highways (such as classic or antique vehicles) or for which the
State demonstrates to the Administrator that vacuum spark advance
disconnect devices or other devices approved pursuant to this section
are not commercially available.
(38 FR 33723, Dec. 6, 1973)
(12.0) 52.1095 Inspection and maintenance program.
(a) Definitions:
(1) "Inspection and maintenance program" means a program for reduc-
ing emissions from in-use vehicles through identifying vehicles
that need emission control-related maintenance and requiring
that such maintenance be performed.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
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(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 15. GVW and less than 10,000 Ib. GVW.
(4) "Heavy-duty vehicle" means a gasoline-powered motor vehicle
rated at 10,000 GVW or more.
(5) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with the mean-
ings so defined.
(b) This section is applicable within the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish an inspection and maintenance
program applicable to all light-duty, medium-duty, and heavy-duty
vehicles registered in the area specified in paragraph (b) of this
section that operate on public streets or highways over which it has
ownership or control. The State may exempt any class or category of
vehicles that the State finds is rarely used on public streets or
highways (such as classic or antique vehicles). Under the program,
the State shall:
(1) Inspect all light-duty, medium-duty, and heavy-duty motor ve-
hicles at periodic intervals no more than 1 year apart.
(2) Apply inspection failure criteria consistent with the emission
reductions claimed in the plan for the strategy.
(3) Ensure that failed vehicles receive the maintenance necessary to
achieve compliance with the inspection standards and retest
failed vehicles following maintenance.
(4) (Reserved)
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(5) Begin the first inspection cycle by August 1, 1975, completing
it by July 31, 1976.
(6) Designate an agency or agencies responsible for conducting the
inspection and maintenance program.
(d) After July 31, 1976, the State shall not register or allow to oper-
ate on public streets or highways any light-duty, medium-duty, or
heavy-duty vehicle that does not comply with the applicable require-
ments of the program established under paragraph (c) of this section.
This shall not apply to the irxitial registration of a new motor ve-
hicle.
(e) After July 31, 1976, no owner of a light-duty, medium-duty, or heavy-
duty vehicle shall operate or allow the operation of such vehicle
shall operate or allow the operation of such vehicle that does not
comply with the applicable requirements of the program established
under paragraph (c) of this section. This shall not apply to the
initial registration of a new motor vehicle.
(f) The State of Maryland shall submit, no later than February 1, 1974,
a detailed compliance schedule showing the steps it will take to es-
tablish an inspection and maintenance program pursuant to paragraph
(c) of this section.
(38 FR 34249, Dec. 12, 1973; 42 FR 30508, June 15, 1977)
(12.0) 52.1096 Vacuum spark advance disconnect retrofit.
(a) Definitions:
(1) "Vacuum spark advance disconnect retrofit" means a device or
system installed on a motor vehicle that prevents the ignition
vacuum advance from operating either when the vehicle's trans-
mission is in the lower gears, or when the vehicle is traveling
below a predetermined speed, so as to achieve reductio/i in ex-
haust emissions of hydrocarbon and carbon monoxide of at least
25 and 9 percent, respectively, from 1967 and earlier light-duty
vehicles.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before January 1, 1976, all light-duty vehicles of model
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years prior to 1968 registered in the area specified in paragraph
(b) of this section are equipped with an appropriate vacuum spark
advance disconnect retrofit device or other device, as approved by
the Administrator, that will reduce exhaust emissions of hydrocar-
bons alnd carbon monoxide at least to the same extent as a vacuum
spark advance disconnect retrofit. No later than February 1, 1974,
the State of Maryland shall submit to the Administrator a detailed
compliance schedule showing the steps it will take to establish and
enforce a retrofit program pursuant to this section, including the
text of statutory proposals, regulations, and enforcement procedures
that the State proposed for adoption. The compliance schedule shall
also include a date by which the State shall evaluate and approve
devices for use in this program. Such date shall be no later than
September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of subparagraph (3) of this paragraph are enforced.
(3) Provisions for beginning the installation of the retrofit devices
:by January 1, 1975, and completing the installation of the de-
vices on all vehicles subject to this section no later than
January 1, 1976.
(4) :A provision that starting no later than January 1, 1976, no ve-
hicle for which retrofit is required under this section shall
pass the annual emission tests provided for by 52.1095 unless
it has been first equipped with an approved vacuum spark advance
disconnect retrofit device, or other device approved pursuant
to this section, which the test has shown to be installed and
operating correctly. The regulations shall include test pro-
cedures and failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
•needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After January 1, 1976, the State shall not register or allow to
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operate on its streets of highways any light-duty vehicle that does
not comply with the applicable standards and procedures adopted pur-
suant to paragraph (d) of this section.
(f) After January 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
' this section.
(g) The State may exempt any class or category of vehicles from this
section which the State finds is rarely used on public streets and
highways (such as classic or antique vehicles) or for which the State
demonstrates to the Administrator that vacuum spark advance disconnect
devices or other devices approved pursuant to this section are not
commercially available.
(38 FR 34249, Dec. 12, 1973)
(12.0) 52.1097 Oxidizing catalyst retrofit - Baltimore.
(a) Definitions:
(1) "Oxidizing catalyst" means a device that uses a catalyst instal-
led in the exhaust system of a vehicle (and if necessary, in-
cludes an air pump) so as to achieve reduction in exhaust em-
issions of hydrocarbon and carbon monoxide of at least 50 and
50 percent, respectively, from light-duty vehicles of 1971-1975
model years and of least 50 and 50 percent, respectively, from
medium-duty vehicles of 1971-1975 model years.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(4) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish a retrofit progarm to ensure
that on or before May 31, 1977, all light-duty and medium-duty ve-
hicles of model years 1971 through 1975 which are registered in the
area specified in paragraph (b) of this section and are able to op-
erate 91 RON gasoline, are equipped with an appropriate oxidizing
catalyst retrofit device. No later than April 1, 1974, the State
of Maryland shall submit to the Administrator a detailed compliance
schedule showing the steps it will take to establish and enforce a
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retrofit program pursuant to this section, including the text of
statutory proposals, regulations, and enforcement procedures that
the State proposes for adoption. The compliance schedule shall also
Include a date by which the State shall evaluate and approve devices
for use in this program. Such date shall be no later than January
1, 1975.
(d) No later than September 1, 1974, the State shall submit legally
adopted regulations to the Administrator establishing such a program.
The regulations shall include:
(1) Designation of an agency responsible for evaluating and approving
devices for use on vehicles subject to this section.
(2) Designation of an agency reponsible for ensuring that the pro-
visions of subparagraph (3) of this paragraph are enforced.
(3) Provisions for beginning the installation of the retrofit devi-
ces by January 1, 1976, and completing the installation of the
devices on all vehicles subject to this section no later than
' May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no vehicle
for which retrofit is required under this section shall pass
the annual emissions tests provided by 52.1095 unless it has
been first equipped with an approved oxidizing catalyst device,
or other device approved pursuant to this section, which the
test has shown to be installed and operating correctly. The
regulations shall include test procedures and failure criteria
for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit device have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of ret-
rofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After May 31, 1977, the State shall not register or allow to operate
on its streets or highways any vehicle that does not comply with the
applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this section
shgll operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
th^s section.
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(g) Any vehicle which is manufactured equipped with an oxidizing catalyst,
or which is certified to meet the original 1975 light-duty vehicle
emission standards set forth in section 202 (b)(l)(A) of the Clean
Air Act of 1970 (without regard to any suspension of such standards),
shall be exempt from the requirements of this section.
(38 FR 34250, Dec. 12, 1973)
(12.0) 52.1098 Light-duty air/fuel control retrofit.
(a) Definitions:
(1) "Air-Fuel control retrofit" means a system or device (such as
modification to the engine's carburetor or positive crankcase
ventilation system) that results in engine operation at an in-
creased air-fuel ratio so as to achieve reduction in exhaust
emissions of hydrocarbons and carbon monoxide of at least 25
and 40 percent, respectively, from 1968 through 1971 model year
light-duty vehicles.
(2) "Light-duty vehicle" means a gasoline-powered motor vehicle
rated at 6,000 Ib. gross vehicle weight (GVW) or less.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before August 1, 1976, all light-duty vehicles of 1968-
1971 model years which are not required to be retrofitted-with an
oxidizing catalyst or other approved device pursuant to 52.1097,
which are registered in the area specified in paragraph (b) of this
section are equipped with an appropriated air/fuel control device
or other device as approved by the Administrator that will reduce
exhaust emissions of hydrocarbons and carbon monoxide at least to
the same extent as an air/fuel control device. No later than Feb-
ruary 1, 1974, the State of Maryland shall submit to the Administra-
tor a detailed compliance schedule showing the steps it wiMl take
to establish and enforce a retrofit program pursuant to this section,
including the text of statutory proposals, regulations, and enforce-
ment procedures that the State proposes for adoption. The compliance
schedule shall also include a date by which the State shall evaluate
and approve devices for use in this program. Such date shall be no
later than September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
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regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the pro-
visions of subparagraph (3) of this paragraph are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by August 1, 1975, and completing the installation of the
devices on all vehicles subject to this section no later than
August 1, 1976.
(4) A provision that starting no later than August 1, 1976, no ve-
hicle for which retrofit is required under this section shall
pass the annual emission tests provided for by 52.1095 unless
it has been first equipped with an approved air/fuel control
retrofit, or other device approved pursuant to this section,
which the test has shown to be installed and operating cor-
rectly. The regulations shall include test procedures and
failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of
retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for emis-
sions testing at the time of device installation or some other
positive assurance that the device is installed and operating
correctly.
(e) After August 1, 1976, the State shall not register or allow to oper-
ate on its streets or highways any vehicle that does not comply with
the applicable standards and procedures adopted pursuant to paragraph
(d) of this section.
(f) After August 1, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implementing
this section.
(g) The State may exempt any class or category of vehicles from this
section which the State finds is rarely used on public streets and
highways (such as classic or antique vehicles) or for which the
State demonstrates to the Administrator that air/fuel control devices
or other devices approved pursuant to this section are not commer-
cially available.
(38 FE 34250, Dec. 12, 1973)
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2.0) 52.1099 Medium-duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/fuel control retrofit" means a system or device (such as
modification to the engine's carburetor or positive cnankcase
ventilation system) that results in engine operation at an
increased air/fuel ratio so as to achieve reduction irrex-
haust emissions of hydrocarbons and carbon monoxide of at
least 15 and 30 percent, respectively, from 1973 and earlier
medium-duty vehicles.
(2) "Medium-duty vehicle" means a gasoline-powered motor vehicle
rated at more than 6,000 Ib. GVW and less than 10,000 Ib. GVW.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before May 31, 1976, all medium-duty vehicles of model
years ;prior to 1974 which are not required to be retrofitted^with
an oxidizing catalyst or other approved device pursuant to 52.1097,
which are registered in the area specified in paragraph (b) of this
section, are equipped with an appropriate air/fuel control device
or other device as approved by the Administrator that will reduce
exhaust emissions of hydrocarbons and carbon monoxide to the same
extent as an air/fuel control device. No later than February 1,
1974, State of Maryland shall submit to the Administrator a detailed
compliance schedule showing the steps it will take to establish
and enforce a retrofit program pursuant to this section, including
the text of statutory proposals, regulations, and enforcement pro-
cedures that the State proposes for adoption. The compliance, sche-
dule shall also include a date by which the State shall evaluate
and approve devices for use in this program. Such date shall be
no later than September 30, 1974.
(d) No later than April 1, 1974, the State shall submit legally adopted
regulations to the Administrator establishing such a program. The
regulations shall include:
(1) Designation of an agency responsible for evaluating and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the
provisions of subparagraph (3) of this paragraph are enforced.
(3) Provisions for beginning the installation of the retrofit^de-
vices by August 1, 1975, and completing the installation of
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the devices on all vehicles subject to this section no later
than May 31, 1976.
(4) A provision that beginning no later than May 31, 1976, no ve-
hicle for which retrofit is required under this section shall
pass the annual emission test provided for by 52.1095 unless
it has been first equipped with an approved air/fuel control
retrofit, or other device approved pursuant to this section,
which the test has shown to be installed and operating cor-
rectly. The regulations shall include test procedures and
failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those persons in-
stalling the retrofit devices have the training and ability
to perform the needed tasks satisfactorily and have an ade-
quate supply of retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for em-
issions testing at the time of device installation or some
other positive assurance that the device is installed and op-
erating correctly.
(e) After May 31, 1976, the State shall not register or allow to oper-
ate on its streets or highways any vehicle that does not comply
with the applicable standards and procedures adopted pursuant to
paragraph (d) of this section.
(f) After May 31, 1976, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implement-
ing this section.
(g) The State may exempt any class or category of vehicles from this
section which the State finds is rarely used on public streets and
highways (such as classic or antique vehicles) or for which the
State demonstrates to the Administrator that air/fuel control de-
vices or other devices approved pursuant to this section are not
commercially available.
(38 FR 34251, Dec. 12, 1973)
(12.0) 52.1100 Heavy-duty air/fuel control retrofit.
(a) Definitions:
(1) "Air/fuel control retrofit" means a system or device (such as
modification to the engine's carburetor or positive crankcase
ventilation system) that results in engine operation at an
increased air-fuel ratio so as to achieve reduction in ex-
haust emissions of hydrocarbon and carbon monoxide from heavy-
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duty vehicles of at least 30 and 40 percent, respectively.
(2) "Heavy-duty vehicles" means a gasoline-powered motor vehicle
rated at 10,000 Ib. gross vehicle weight (GVW) or more.
(3) All other terms used in this section that are defined in Part
51, Appendix N, of this chapter are used herein with meanings
so defined.
(b) This section is applicable within the Metroplitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall establish a retrofit program to ensure
that on or before May 31, 1977, all heavy-duty vehicles registered
in the area specified in paragraph (b) of this section are equipped
with an appropriate air/fuel control retrofit or other device as*
approved by the Administrator that will reduce exhaust emissions
of hydrocarbons and carbon monoxide at least to the same extent '
as an air/fuel control retrofit. No later than April 1, 1974, the
State of Maryland shall submit to the Administrator a detailed com-
pliance schedule showing the steps it will take to establish andi
enforce a retrofit program pursuant to this section, including the
text of statutory proposals, regulations, and enforcement procedures
that the State proposes for adoption. The compliance schedule shall
also include a date by which the State shall evaluate and approve
devices for use in this program. Such date shall be no later than
January 1, 1975.
(d) No later than September 1, 1974, the State shall submit legally
adopted regulations to the Administrator establishing such a pro-
gram. The1regulations shall include:
(1) Designation of an agency responsible for evaluation and approv-
ing devices for use on vehicles subject to this section.
(2) Designation of an agency responsible for ensuring that the
provisions of subparagraph (3) of this paragraph are enforced.
(3) Provisions for beginning the installation of the retrofit de-
vices by January 1, 1976, and completing the installation of'
the device on all vehicles subject to this section no later
than May 31, 1977.
(4) A provision that starting no later than May 31, 1977, no ve-
hicle for which retrofit is required under this section shall
pass the annual emission tests provided for by 52.1095 unless
it has been first equipped with an approved air/fuel control
retrofit, or other device approved pursuant to this section,
which the test has shown to be installed and operating cor-
rectly. The regulations shall include test procedures and
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failure criteria for implementing this provision.
(5) Methods and procedures for ensuring that those installing the
retrofit devices have the training and ability to perform the
needed tasks satisfactorily and have an adequate supply of
retrofit components.
(6) Provision (apart from the requirements of any general program
for periodic inspection and maintenance of vehicles) for em-
issions testing at the time of device installation or some
other positive assurance that the device is installed and op-
erating correctly.
(e) After May 31, 1977, the State shall not register or allow to oper-
ate on its streets or highways any vehicle that does not comply
with the applicable standards and procedures adopted pursuant to
paragraph (d) of this section.
(f) After May 31, 1977, no owner of a vehicle subject to this section
shall operate or allow the operation of any such vehicle that does
not comply with the applicable standards and procedures implement-
ing this section.
(g) The State may exempt any class or category of vehicles from this
section which the State finds is rarely used on public streets
and highways (such as classic or antique vehicles) or for which
the State demonstrates to the Administrator that air/fuel control
retrofits or other devices approved pursuant to this section are
not commercially available.
(51.16) 52.1101 Gasoline transfer vapor control.
(a) Definitions:
(1) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metroplitan Baltimore Intrastate
AQCR.
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250
gallons unless the displaced vapors from the storage container are
prbcessed by a system that prevents release to the atmosphere of
no less than 90 percent by weight of organic compounds in said
vapors displaced from the stationary container location.
(1) The vapor recovery portion of the system shall include one
or more of the following:
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(i) A vapor-tight return line from the storage container to
the delivery vessel and a system that will ensure that
the vapor return line is connected before gasoline can
be transferred into the container.
(ii) Refrigeration - condensation system or equivalent designed
to recover no less than 90 percent by weight of the or-
ganic compounds in the displaced vapor.
(2) If a "vapor-tight vapor return" system is used to meet the
requirements of this section, the system shall be so contruct-
ed as to be readily adapted to retrofit with an adsorption
system, or equivalent vapor removal system, and so constructed
as to anticipate compliance with 52.1102.
(3) The vapor-laden delivery vessel shall be subject to the fol-
lowing conditions:
(i) The delivery vessel must be so designed and maintained
as to be vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at
facilities equipped with a vapor recovery system or the
equivalent, which can recover at least 90 percent by
weight of the organic compounds in the vapors displaced
from the delivery vessel during refilling.
(iii) Gasoline storage compartments of 1,000 gallons or lass
in gasoline delivery vehicles presently in use on the
promulgation date of this regulation will not be re-
quired to be retrofitted with a vapor return system un-
til January 1, 1977.
(iv) Facilities which have an annual average throughput Of
20,000 gallons of gasoline or less are required to have
a vapor recovery system in operation no later than May
31, 1977, also are required to meet the provisions of
this section no later than May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Stationary containers having a capacity less than 550 gal-
lons, used exclusively for the fueling of implements of hus-
bandry.
(2) Any container having a capacity less than 2,000 gallons instal-
led prior to promulgation of this section.
(3) Transfers made to storage tanks equipped with floating ro
-------
or their equivalent.
(4) Any stationary container at any facility where the monthly
average throughput (1/12 of the total throughput for the
preceding twelve months) exceeds 20,000 gallons per month and
which is subject to Maryland regulation 10.03.38.04J(2)(e)(l)
and (2).
(e) Every owner or operator of a stationary storage container or deliv-
ery vessel subject to this section shall comply with the following
compliance schedule:
(1) June 1, 1974. Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
taken by the source to achieve compliance with the provis-
ions of paragraph (c) of this section.
(2) March 1, 1976. Negotiate and sign all necessary contracts
for emission control systems, or issue orders for the pur-
chase of component parts to accomplish emission control.
(3) May 1, 1975. Initiate on-site construction or installation
of emission control equipment.
(4) February 1, 1976. Complete on-site construction or instal-
lation of emission control equipment.
(5) May 31, 1977. Assure final compliance with the provisions
of paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of prog-
ress, whether or not the required increment of progress has
been met.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the pro-
visions of paragraph (c) of this section and which has cert-
ified such compliance to the Administrator by June 1, 1974.
The Administrator may request whatever supporting informa-
tion he considers necessary for proper certification.
(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whose owner or operator submits to the Administra-
tor, by June 1, 1974, a proposed alternative schedule. No
such schedule may provide for compliance after March 1, 1976.
Any such schedule shall provide for certification to the
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Administrator within 5 days after the deadline for each incre-
ment therein, as to whether or not that increment has been
met. If promulgated by the Administrator, such schedule
shall satisfy the requirements of this paragraph for the af-
fected source.
(g) Nothing in this section shall preclude the Administrator from prom-
ulgating a separate schedule for any source to which the applica-
tion of the compliance schedule in paragraph (e) of this section
fails to satisfy the requirements of 51.15 (b) and (c) of this
chapter.
(h) Any gasoline dispensing facility subject to this section which in-
stalls a storage tank after the effective date of this section
shaVl comply with the requirements of paragraph (c) of this section
by May 31, 1977, and prior to that date shall comply with paragraph
(e) of this section as far as possible. Any facility subject to
this, section which installs a storage tank after May 31, 1977,
shall comply with the requirements of paragraph (c) of this section
at the time of installation.
(38 Fr 34252, Dec. 12, 1973, as amended at 39 FR 4881, Feb. 8,
1974; 39 FR 41253, Nov. 26, 1974; 41 FR 26902, June 30, 1976)
\16) 52.1102 Control of evaporative losses from the filling of vehicular tanks.
(a) Definitions:
(1) "Gasoline" means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Baltimore Intrastate
AQCR.
(c) A person shall not transfer gasoline to an automotive fuel tank
from-a gasoline dispensing system unless the transfer is made
through a fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere
from either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a
system wherein at least 90 percent by weight of the organic
compounds in displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can consist
of a vapor-tight return line from the fill nozzle-filler neck
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interface to the dispensing tank or to an adsorption, absorption,
incineration, refrigeration-condensation system or its equivalent.
(e) Components of the systems required by 52.1101 (c) can be used for
compliance with paragraph (c) of this section.
(f) If it is demonstrated to the satisfaction of the Administrator that
it is impractical to comply with the provisions of paragraph (c)
of this section as a result of vehicle fill neck configuration,
location, or other design features of a class of vehicles, the pro-
visions of this section shall not apply to such vehicles. However,
in no case shall such configuration exempt any gasoline dispensing
facility from installing and using in the most effective manner a
system required by paragraph (c) of this section.
(g) Every owner or operator of a gasoline dispensing system subject
to this section shall comply with the following compliance sche-
dule.
(1) January 1, 1975. Submit to the Administrator a final control
plan, which describes at a minimum the steps which will be
taken by the source to achieve compliance with provisions of
paragraph (c) of this section.
(2) March 1, 1975. Negotiate and sign all necessary contracts
for emission control systems, or issue orders for the pur-
chase of component parts to accomplish emission control.
(3) May 1, 1975. Initiate on-site construction or installation
of emission control equipment.
(4) May 1, 1977. Complete on-site construction or installation
of emission control equipment or process modification.
(5) May 31, 1977. Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph shall certify to the Administrator,
within 5 days after the deadline for each increment of prog-
ress, whether or not the required increment of progress has
been met.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the
provisions of paragraph (c) of this section and which
has certified such compliance to the Administrator by
January 1, 1975. The Administrator may request whatever
supporting information he considers necessary for proper
certification.
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(2) To a source for which a compliance schedule is adopted by the
State and approved by the Administrator.
(3) To a source whoce owner or operator submits to the Administra-
tor by June 1, 1974, a proposed alternative schedule. No
such' schedule may provide for compliance after May 31, 1977.
Any such schedule shall provide for certification to the Ad-
ministrator within 5 days after the deadline for each incre-
ment therein, as to whether or not that increment has been
met. If promulgated by the Administrator, such schedule shall
satisfy the requirements of this paragraph for the affected
source.
(t) Nothing in this section shall preclude the Administrator from prom-
ulgating a separate schedule for any source to which the applica-
tion of the compliance schedule in paragraph (g) of this sectiorf
fails to satisfy the requirements of 51.15 (b) and (c) of this
chapter.
(j) Any gasoline dispensing facility subject to this section which in-
stalls a gasoline dispensing system after the effective date of
this section shall comply with the requirements of paragraph (c)
of this section by May 31, 1977 and prior to that date shall comply
with paragraph (g) of this section as far as possible. Any facil-
ity subject to this section which installs a gasoline dispensing!
system after May 31, 1977, shall comply with the requirements of
paragraph (c) of this section at the time of installation.
(38 FR 34253, Dec. 12, 1973, as amended at 39 FR 4881, Feb. 8,
1974; 39 FR 21053, June 18, 1974)
Note: The compliance dates given in paragraphs (g) (l)-(3) were'
suspended indefinitely at 40 FR 1127, Jan. 6, 1975)
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.2.0) 52.1103 Management of parking supply.
(a) Definitions:
All terms used in this section but not specifically defined below
shall have the meaning given them in Part 51 of this chapter and this
Part 52.
(1) "Parking facility" (also called "facility") means a lot, garage,
building or structure, or combination or portion thereof, in or
on which motor vehicles are temporarily parked.
(2) "Vehicle trip" means a single movement by a motor vehicle that
originates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation of
a parking facility, or any conversion of land, a building or
structure, or portion thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that in-
creases or may increase the motor vehicle capacity of or the
motor vehicle activity associated with such parking facility.
(5) "Commerce" means to undertake a continuous program of onsite
construction or modification.
(b) This regulation is applicable in the Maryland portion of the National
Capital Air Quality Control Reaion.
(c) The requirements of this section are applicable to the following
parking facilities in the areas specified in paragraph (b) of this
section, the contruction or modification of which is commenced after
January 1, 1975.
(1) Any new parking facility with parking capacity 250 or more motor
vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 250 or more motor vehicles; and
(3) Any parking facility constructed or modified in increments which
individually are not subject to review under this section, but
which, when all such increments occuring since November 12, 1973,
are added together, as a total would subject the facility to
review under this section.
(d) No person shall commence construction or modification of any facility
subject to this section without first obtaining written approval from
the Administrator or an agency designated by him; provided, that this
paragraph shall not apply to any proposed contruction or modification
for which a general construction contract was finally executed by all
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appropriate parties on or before January 1, 1975.
(e) No approval to construct or modify a facility shall be granted .un-
less the applicant shows to the satisfaction of the Administrator
or agency approved by him that:
(1) The design or operation of the facility will not cause a vio-
lation of the control strategy which is part of the applicable
implementation plan, and will be consistent with the plan's
VMT reduction goals.
(2) The emissions resulting from the design or operation of the
facility will not prevent or interfere with the attainment
or maintenance of any national ambient air quality standard
at any time within 10 years from the date of application.
(f) All applications for approval under this section shall include the
following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed contruction schedule.
(4) The normal hours of operation of the facility and the enter-
prises and activities that it serves.
(5) The total motor vehicle capacity before and after the construc-
tion or modification of the facility.
(6) The number of people using or engaging in any enterprises or
activities that the facility will serve on a daily basis and
a peak hour basis.
(7) A projection of the geographic areas in the community from
which people and motor vehicles will be drawn to the facility.
Such projection shall include data concerning the availability
of mass transit from such areas.
(8) An estimate of the average and peak hour vehicle trip genera-
tion rates, before and after construction or modification of
the facility.
(9) An estimate of the effect of the facility on traffic pattern
and flow.
(10) An estimate of the effect of the facility on total VMT for
the air quality control region.
(11) An analysis of the effect of the facility on site and regional
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(12)
air quality, including a showing that the facility will be
compatible with the applicable implementation plan, and that
the facility will not cause any national air quality standard
to be exceeded within 10 years from date of application. The
Administrator may prescribe a standardized screening technique
to be used in analyzing the effect of the facility on ambient
air quality^
Additional information, plans, specifications, or documents
required by the Administrator.
(g)
Each application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the
facility shall be operated in accordance with
in the application and with applicable rules,
permit conditions.
the design submitted
regulations, and
(h)
Within 30 days after receipt of an application, the Administrator
or agency approved by him shall notify the public, by prominent
advertisement in the Region affected of the receipt of the appli-
cation and the proposed action on it (whether approval, condition-
al approval, or denial, and shall invite public comment.)
(1) The application, all submitted information, and the terms of
the proposed action shall be made available to the public in
a readily accessible place within the affected air quality
region.
(2) Public comments submitted within 30 days of the date such in-
formation is made available shall be considered in making the
final decision on the application.
(3) The Administrator or agency approved by him shall take final
action (approval, conditional approval, or denial) on an ap-
plication within 30 days after close of the public comment
period.
, (38 FR 31537, Nov. 15, 1973, as amended at 39 FR 1849, Jan.
15, 1974)
NOTE: The provisions of 52.1103 were suspended indefinitely
at 40 FR 29714, July 15, 1975.
(12.0) 52.1104 Carpool Commuter Matching System.
(a) Definitions:
(1) "Carpool" means two or more persons utilizing the same vehicle.
"Carpool matching" means assembling lists of commuters sharing
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similar travel needs and providing a mechanism by which per-
sons on such lists may be put in contact with each other for
the purpose of forming carpools.
(3) "Time-origin-destination (TOD) information" means information
that identifies a commuter's work schedule, home and work lo-
cation of other desired origins and destinations of trips
(such as shopping or recreational trips).
(4) "Pilot program" means a program that is initiated on a limit-
ed basis for the purpose of facilitating a future full scale
regional program.
(b) This section is applicable in the Metropolitan Baltimore Intrastate
AQCR (the Region).
(c) Beginning June 1, 1975, the State of Maryland shall, unless exempt-
ed by the Administrator on the basis of a finding that equivalent
service is being or will be provided by some other public or pri-
vate entity, establish a computer-aided carpool matching system^
which is conveniently available at least to all employees of em-
ployers within the Region who employ 100 or more employees. The
system shall as soon as practicable, be made available to employ-
ees of smaller employers. No later than June 1, 1974, the State
of Maryland shall submit to the Administrator a program, legally;
adopted (through regulation or statute) by and legally binding on
the State, providing for such a system. The program shall include:
(1) A method of collecting information which will include the fol-
lowing as a minimum:
(i) Provisions for each affected employee to receive an ap-
plication form with a cover letter describing the match-
ing program.
(ii) Provisions on each application for applicant identifica-
tion of his TOD information, and the applicant's desire
to drive only, ride only, or share driving.
(2) A computer method of matching information that will have pro-
visions for locating each applicant's origin and destination
within a grid system in the Region and matching applicants
with identical origin and destination grids and compatible
work schedules.
(3) A method for providing continuing service so that the master
list of all applicants is retained and available for use by
new applicants, applications are currently available, and the
master list is periodically updated to remove applicants who
have moved from the area served.
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(4) An agency or agencies responsible for operating, overseeing
and maintaining the carpool computer matching system.
(d) No later than January 1, 1975, a pilot program shall be initiated
in the Region identified in paragraph (b) of this section in pre-
partioh for the full implementation required under paragraph (c)
of this section.
(38 FR 34253, Dec. 12, 1973)
(12.0) 52.1105 Employer's provision for mass transit priority incentives.
(a) Definitions:
(1) "Employee parking space" means any parking space reserved or
provided by an employer for the use of his employees.
(b) This section is applicable in the Metropolitan Baltimore Intra-
state AQCR (the Region).
(c) Each employer in the Region who maintains more than 700 employee
parking spaces shall, on or before February 1, 1974, submit to the
Administrator an adequate transit incentive program designed to
encourage the use of mass transit and discourage the use of single-
passenger automobiles by his employees. This program may contain
provisions for subsidies to employees who use mass transit, re-
ductions intfie number of employee parking spaces, or surcharges on
the use of such spaces by employees, provision of special charter
buses or other modes of mass transit for the use of employees, pre-
ferential parking and other benefits to employees who travel to
work by carpool and/or any other measure acceptable to the Admin-
istrator. By April 1, 1974, the Administrator shall approve such
program for each employer if he finds it to be adequate, and shall
disapprove it if he finds it not to be adequate. Notice of such
approval or disapproval will be published in this Part 52.
(d) In order to be approvable by the Administrator, such program shall
contain procedures whereby the employer will supply the Administra-
tor with semiannual certified reports which shall show, at a mini-
mum the following information:
(1). The number of employees at each of the employer's facilities
within the Region on October 15, 1973, and as of the date of
the report.
(2) • The number of (i) free and (ii) non-free employee parking
spaces provided by the employer at each such employment
. facility on October 15, 1973, and as of the date of the report.
(3) The number of employees regularly commuting to and from work
by (i) private automobile, (ii) carpool, and (iii) mass tran-
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it at each such employment facility on October 15, 1973, and
as of the date of the report.
(4) Such other information as the Administrator may prescribe.
(e) If, after the Administrator has approved a transit incentive pro-
gram, the employer fails to submit any reports in full compliance
with paragraph (d) of this section, or if the Administrator finds
that any such report has been intentionally falsified, or if the
Administrator determines that the program is not in operation or
is not providing adequate incentives for employee use of carpools
and mass transit, the Administrator may revoke the approval of
such plan. Such revocation shall constitute a disapproval.
(f) By April 1, 1974, the Administrator shall prescribe a transit
incentive program for each employer to whom paragraph (c) of
this section is applicable if such employer has not submitted a
program. By June 1, 1974, the Administrator shall prescribe
a transit incentive program for each employer to whom paragraph
(c) of this section is applicable if the program submitted is not
adequate. Within two months after any revocation pursuant to
paragraph (e) of this section, the Administrator shall prescribe
a transit incentive program for the affected employer. Any pro-
gram prescribed by the Administrator shall be published in this
Part 52.
(g) Each employer in the Region who maintains more than 70 employee
parking spaces shall, on or before February 1, 1975, submit to
the Administrator an adequate transit incentive program conforming
to the requirements of paragraphs (c) and (d) of this section,
except that in paragraph (d) of this section, the reference dat
-------
v!2.0) 52.1106 Study and establishment of bikeways in the Baltimore area.
(a) Definitions:
(1) "Baltimore CBD" is defined as the area in the City of Balti-
more, Maryland, enclosed by, but not including, Centre Street,
Fall sway, Falls Avenue, Pratt Street, Greene Street, Franklin
Street, and Eutaw Street.
(b) This regulation is applicable in the Metropolitan Baltimore Intra-
state AQCR.
(c) The State of Maryland shall, according to the schedule set forth
in paragraph (d) of this section, conduct a study of, and shall
in that study recommend locations for exclusive bicycle lanes and
bicycle parking facilities in the area described in paragraph (b)
of this section. The study shall be made with a view toward max-
imum safety and security. The study shall include consideration
of the physical designs for such lanes and parking facilities, and,
of rules of the road for bicyclists and, to the extent that pres-
ent rules must be modified because of bicycle lanes, new rules of
the road for motorists. In conducting the study, opportunity shall
be given for public comments and suggestions. The study shall re-
commend as large a network of new CBD (and return) orientated com-
muter bicycle lanes and bicycle parking facilities as is practic-
able within the area described in paragraph (b) of this section
and shall recommend physical designs for said lanes and facilities.
The networks shall contain at least 15 miles of exclusive bicycle
lanes in each direction.
(d) The State of Maryland shall submit to the Administrator no later
than March 1, 1974, a detailed compliance schedule showing the
steps that will be taken to carry out the study required by par-
agraph (c) of this section. The compliance schedule shall at a
minimum include:
(1) Designation of the agency responsible for conducting the study.
(2) 'A date for initiation of the study, which date shall be no
later than May 1, 1974.
(3) A date for completion of the study, and submittal thereof to
the Administrator, which date shall be no later than March 1,
1975.
(4) ,A detailed timetable describing the steps that must be taken
and when these steps will be taken to ensure the timely sub-
mittal of any legislation needed to generally authorize es-
tablishment of bikeways and parking facilities in Maryland
to the State legislature.
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(e) On or before April 1, 1975, the Administrator shall submit to the
State of Maryland his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve
the route and parking facility location and designs recommended
in the study, or shall designate alternative and/or additional route
and parking facility locations and designs.
(f) The State of Maryland and such county and local jurisdictions as the
State shall request to participate in the establishment of the net-
works (the State must request the participation of a county or local
jurisdiction if the participation of that jurisdiction is necessary
to the establishment of the lanes and other facilities required by
this section) shall establish, according to the schedule set forth
in the compliance schedule required by paragraph (g) of this section,
bike lanes and parking facilities along the routes and in the loca-
tions approved or designated by the Administrator pursuant to para-
graph (e) of this section.
(g) On or before June 1, 1975, the State of Maryland, and such county
and local jurisdictions as the State has requested to participate
(and are, therefore, required to participate by paragraph (f) of
this section) shall submit to the Administrator compliance schedules
which shall show in detail the steps which each governmental entity
will take to establish the bike lanes and parking facilities required
by this section. The schedule must include as a minimum the follow-
ing:
(1) Each lane and parking facility must be identified with a .date
set for its establishment.
(2) The design, security and safety features of each lane and park-
ing facility must be precisely described and shown to be in
accord with the designs approved or designated by the Adminis-
trator pursuant to paragraph (e) of this section.
(3) A date must be set for the initiation of lane and parking, con-
struction, which date shall be no later than September 1, 1975.
(4) A date must be set for completion of 50 percent of lane and
parking construction, which date shall be no later than Febru-
ary 1, 1976.
(5) A date must be set for completion of 100 percent of lane and
parking construction, which date shall be no later than May 31,
1976.
(6) Designations must be made of the agencies responsible for guar-
anteeing the establishment of the lanes and facilities in ac-
cordance with the Administrator's response to the State study.
(7) Signed statements of the chief executives of all jurisdictions
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involved in the establishment of the lanes and parking facil-
ities required by this section, or their designees, must be
submitted identifying the sources and amounts of funding for
the programs required by this section, along with a timetable
to ensure that proper funds will be available.
(h) No later than August 1, 1975, each governmental entity required by
this section to establish bicycle lanes and/or parking facilities,
shall submit to the Administrator legally adopted regulations suf-
ficient to implement and enforce all of the requirements of this
section.
(i) Notwithstanding paragraph (c) of this section, if prior to the com-
pletion and submittal of the study required by paragraph (c) of this
section, the State of Maryland has good and reasonable cause, through
public comment or otherwise, to believe that the maximum practicable
network of bicycle lanes will be less than 15 miles, in each direc-
tion, the State shall so notify the Administrator and shall obtain
his concurrence or nonconcurrence, and shall conduct the remainder
of the study to assure that the network of lanes shall be that mile-
age specified by the Administrator. Notice pursuant to this para-
graph (i) shall be given no later than the beginning of the ninth
month of the study.
.21) 52.1107 Control of dry cleaning solvent evaporation.
(a) Definitions:
(1) "Dry cleaning operation" means that process by which an organ-
ic solvent is used in the commercial cleaning of garments and
other fabric materials.
(2) "Organic solvents" means organic materials, including diluents
and thinners, which are liquids at standard conditions and
which are used as dissolvers, viscosity reducers, or cleaning
agents.
(3) "Photochemically reactive solvent" means any solvent with an
aggregate of more than 20 percent of its total volume composed
of the chemical compounds classified below or which exceeds
any of the following individual percentage composition limi-
tations, as applied to the total volume of solvent.
(i) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cyclo-olefinic
type of unsaturation; 5 percent;
{ii) A combination of aromatic compounds with 8 or more carbon
atoms to the molecule except ethyl benzene: 8 percent;
(iii) A combination of ethylbenzene or ketones having branched
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hydrocarbon structures, trichloroethylene or toluene:
20 percent.
(b) This section is applicable to the Metropolitan Baltimore Intrastate
AQCR.
(c) No person shall operate a dry cleaning operation using other than
perchloroethylene, 1,1,1-trichloroethane, or saturated halogenated
hydrocarbons unless the uncontrolled organic emissions from such
operation are reduced at least 85 percent; Provided, That dry clean-
ing operations emitting less than 8 pounds per hour and less than
40 pounds per day of uncontrolled organic materials are exempt from
the requirement of this section.
(d) If incineration is used as a control technique, 90 percent or more
of the carbon in the organic emissions being incinerated must be
oxidized to carbon dioxide.
(e) Any owner or operator of a source subject to this section shall a-
chieve compliance with the requirements of paragraph (c) of this
section by discontinuing the use of photochemically reactive sol-
vents no later than May 31, 1974, or by controlling emissions as
required by paragraphs (c) and (d) of this section by May 31, 1974.
(38 FR 34255, Dec. 12, 1973)
(12.0) 52.1108 Exclusive bus lanes for Baltimore suburbs and outlying areas.
(a) Definitions:
(1) "Carpool" means a vehicle containing three or more persons.
(2) "Bus/carpool lane" means a lane on a street or highway, which
lane is open only to buses (or buses and carpools), whether
constructed specially for that purpose or converted from ex-
isting lanes.
(3) "Baltimore CBD" means the area in the City of Baltimore, Mary-
land, enclosed by, but not including, Centre Street, Fall sway,
Falls Avenue, Pratt Street, Greene Street, Franklin Street,
and Eutaw Street.
(b) The State of Maryland and such county and local jurisdictions as
the State may request to participate (the State must request the
participation of a county or local jurisdiction by December 15,
1974, if the participation of that jurisdiction is necessary to the
establishment of the lanes required by this section) shall estab-
lish, according to the schedule in paragraph (f) of this section,
bus/carpool lanes along corridors connecting at least the following
suburban or outlying areas (or alternative areas if indicated in
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the study required by paragraph (c) of this section and approved
by the Administrator) to the Baltimore CBD:
(1) -Catonsville, Maryland
(2) Towson, Maryland
(3) Pikesville, Maryland
(4) Middle River and Essex, Maryland
(5) Overlea and Parkville, Maryland
(6) Halethorpe, Maryland
(7) Baynesville, Maryland
(8) Mount Washington section, Baltimore, Maryland
(9) Dundalk, Maryland
(10) Randal Istown, Maryland
(11) Hunting Ridge section, Baltimore, Maryland
(12) Linthicum, Maryland
(13) Sparrows Point, Maryland
For each route either approved or designated by the Administrator
pursuant to paragraph (d) of this section, except the route between
the Baltimore CBD and Sparrows Point, at least one bus/carpool lane
shall be established to serve traffic traveling toward the Baltimore
CBD from 6:30 to 9:30 a.m. (or for a longer time), and at least one
bus/carpool lane shall be established to serve traffic traveling
toward the suburban or outlying areas from 3:30 to 6:30 p.m. (or
for a longer time), Monday through Saturday. Along the route be-
tween the Baltimore CBD and Sparrows Point, Maryland, at least one
bus/carpool lane shall be established to serve traffic traveling
toward the Baltimore CBD from 3:30 to 6:30 p.m. (or for a longer
time), Monday through Saturday.
(c) On or before November 1, 1974, the State of Maryland shall submit
to the Administrator a study which shall contain for each of the
corridors described in paragraph (b) of this section a detailed an-
alysis showing every specific route location considered by the State
for the corridor. The study shall designate one of the specific
routes examined for each corridor as the most practicable route for
that corridor. The study shall fully present the advantages and
disadvantages of establishing the bus/carpool lanes provided for
in paragraph (b) of this section along the most practicable route.
For any corridor identified in this section along which the State
concludes that bus/carpool lanes are not feasible, the State shall
designate a replacement corridor connecting the Baltimore CBD and
another significant source of CBD-bound traffic along which bus/
carpool lanes are feasible. An analysis of the substituted corri-
dor shall be included similar to the analysis of the original corri-
dor, to show the most practicable route for said bus/carpool lanes.
(d) On or before December 1, 1974, the Administrator shall submit to
the State of Maryland his response to the study required by para-
graph :(c) of this section, and shall in that response, either
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approve the routes selected by the State as most practicable and
feasible for bus/carpool lanes, or shall designate alternative
routes on which bus/carpool lanes must be established.
(e) On or before February 1, 1975, the State of Maryland and such county
and local jurisdictions as the State has requested to participate
(and are, therefore, required by paragraph (b) of this section to
establish lanes) shall submit to the Administrator compliance sched-
ules which shall show in detail the steps which each governmental
entity will take to establish the bus/carpool lanes required by
this section, and to enforce the limitations on their use. In the
compliance schedule submitted pursuant to this paragraph a govern-
mental entity may designate limited segments of lanes which may be
entered briefly by vehicles, otherwise excluded from such lanes,
for reasons of safety or sound traffic planning. Such exceptions
shall be subject to the approval of the Administrator. Special
circumstances justifying the need for such an exception (such as
the desire to allow an exclusive lane to be entered briefly by auto-
mobiles for purposes of making a turn) must be set forth in detail.
(f) Bus/carpool lanes must be prominently indicated by distinctive
painted lines, pylons, signs or physical barriers. Twenty-five per-
cent of the lane mileage for each of the governmental entities must
be established and the needed signs installed by July 1, 1975;
fifty percent by October 1, 1975; one hundred percent by January
1, 1976.
(g) A signed statement by the chief executive of each governmental en-
tity establishing lanes, or his designee, shall be submitted to the
Administrator no late than February 1, 1975, to identify the sources
and amount of funds for all projects required by this section.
(h) No later than April 1, 1975, each governmental entity required by
this section to establish lanes shall submit to the Administrator
legally adoped regulations sufficient to implement and enforce all
of the requirements of this section.
(38 FR 34255, Dec. 12, 1973)
(12.0) 52.1109 Regulation for limitation of public parking.
(a) Definitions:
(1) "On-street parking" means stopping a motor vehicle on any street,
highway, or roadway (except for legal stops at or before inter-
sections and as caution and safety require) whether or not a
'person remains in the vehicle.
(b) This section is applicable in the Metropolitan Baltimore Intrastate
AQCR,.
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(c) Beginning May 1, 1975, each appropriate governmental entity shall
prohibit on-street parking, Monday through Saturday, on all streets
and highways over which it has ownership or control and which con-
tain exclusive bus or bus/carpool lanes pursuant to 52.1108. The
prohibition against on-street parking on any particular street or
highway shall be only for the period during which such street or
highway has a lane or lanes reserved for buses, and/or carpools.
Momentary stopping for the pickup or discharge of passengers on
exclusive bus or bus/carpool lanes at established passenger stops
shall be permitted. No later than April 1, 1975, each governmental
entity subject to the requirements of this section shall submit to
the Administrator legally adopted regulations establishing such a
prohibition program. At a minimum, such regulations must provide
that vehicles parked inviolation of the prohibition shall be towed
away and the owner shall be fined not less than $50 per violation.
(d) No later than February 1, 1975, governmental entities subject to
this section shall submit to the Administrator detailed compliance
schedules showing the steps they will take to establish and enforce
the foregoing on-street parking limitation program, including sta-
tutory proposals and needed regulations that they will propose for
adoption.
(38 FR 34256, Dec. 12, 1973)
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i2.0) 52.1111 Management of parking supply.
(a) Definitions:
(1) "Parking facility" (also called "facility") means a lot, gar-
age, building or structure, or combination or portion thereof,
in or on which motor vehicles are temporarily parked.
(2) "Vehicle trip" means a single movement by a motor vehicle that
originates or terminates at a parking facility.
(3) "Construction" means fabrication, erection, or installation
of a parking facility, or any conversion of land, a building
or structure, or portion thereof, for use as a facility.
(4) "Modification" means any change to a parking facility that in-
creases or may increase the motor vehicle capacity of or the
motor vehicle activity associated with such parking facility.
(5) "Commence" means to undertake a continuous program of 'onsite
construction or modification.
(b) This section is applicable in the Metropolitan Baltimore Irttrastate
AQCR.
(c) The requirements of paragraphs (d) through (i) of this section are
applicable to the following parking facilities in the area specified
in paragraph (b) of this section, the construction or modification
of which is commenced after January 1, 1975.
(1) Any new parking facility with parking capacity for 250 or more
motor vehicles;
(2) Any parking facility that will be modified to increase parking
capacity by 250 or more motor vehicles; and
(3) Any parking facility constructed or modified in increments which
individually are not subject to review under paragraphs (c)(l)
and/or (c)(2) of this section but which, when all such incre-
ments occurring since August 15, 1973, are added together, as
a total would subject the facility to review under paragraphs
(c)(l) and/or (c)(2) of this section.
(d) No person shall commence construction or modification of any facil-
ity subject to this section without first obtaining written approval
from the Administrator or an agency designated by him; provided
that this paragraph shall not apply to any proposed construction or
modification for which a general construction contract was finally
executed by all appropriate parties on or before January 1, 1975.
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(e) No approval to construct or modify a facility shall be granted un-
less the applicant shows to the satisfaction of the Administrator
or an agency approved by him that:
(1) The design or operation of the facility will not cause a vio-
lation of the control strategy which is part of the applicable
implementation plan and will be consistent with the plan's VMT
reduction goals.
(2) The emissions resulting from the design or operation of the
facility will not prevent or interfere with the attainment or
maintenance of any national ambient air quality standard at
any time within 10 years from the date of application.
(f) Except to the extent that the Administrator or agency designated by
him may waive any such requirement in writing, all applications for
approval under this section shall include the following information:
(1) Name and address of the applicant.
(2) Location and description of the parking facility.
(3) A proposed contruction schedule.
(4) The normal hours of operation of the facility and the enter-
prises and activities that it serves.
(5) The total motor vehicle capacity before and after the con-
struction or modification of the facility.
(6) The number of people using or engaging in any enterprises or
activities that the facility will serve on daily basis and a
peak hour basis.
(7) A projection of the geographic areas in the community from which
people and motor vehicles will be drawn to the facility. Such
projection shall include date concerning the availability of
mass transmit from such areas.
(8) An estimate of the average and peak hour vehicle trip genera-
tion rates, before and after construction or modification of
the facility.
(9) An estimate of the effect of the facility on traffic pattern
and flow.
(10) An estimate of the effect of the facility on total VMT for the
air quality control region.
(11) Additional information, plans, specifications, or documents
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as required by the Administrator.
(g) If the Administrator or agency designated by him specifically so
requests, the application shall also include an analysis of the
effect of the facility on site and regional air quality, including
a showing that the facility will be compatible with the a^plicable
implementation plan, and that the facility will not cause any na-
tional air quality standard to be exceeded within 10 years from the
date of application. The Administrator may prescribe a standard-
ized screening technique to be used in analyzing the effect of the
facility on ambient air quality.
(h) Each application shall be signed by the owner or operator of the
facility, whose signature shall constitute an agreement that the
facility shall be operated in accordance with applicable rules,
regulations, permit conditions, and the design submitted in the
application.
(i) Within 30 days after receipt of an application, the Administrator
or agency approved by him shall notify the public, by prominent ad-
vertisement in the region described in paragraph (b) of th
-------
mination specified in paragraph (k) of this section is made.
This paragraph shall not apply to any proposed construction or mod-
ification for which a general construction contract was finally
executed by all appropriate parties on or before January 1, 1975.
(k) If the Administrator, or an agency designated by him, determines,
and gives prominent public notice of such determination, that
construction of parking lots of 50 to 249 spaces (or modification
of parking lots to add 50 to 249 spaces) in any geographical sub-
division of the area specified in paragraph (b) of this section,
is having or is likely to have a significant detrimental effect on
the control strategies in this transportation control plan or on
air quality, he may require approval by him or an agency designated
by him, pursuant to the procedures in paragraph (d) through (i) of
this section prior to construction of any additional such lots in
such a subdivision. The Administrator shall approve an application
unless he determines that the facility to be constructed would,
either in itself or when viewed as part of a pattern of development,
have a significant adverse impact on the applicable transportation
control strategy.
(38 FR 34256, Dec. 12, 1973, as amended at 39 FR 1849, Jan. 15, 1974)
NOTE: The provisions of 52.1111 were suspended indefinitely at 40
FR 29714, July 15, 1975. This section was correctly desig-
nated at 41 FR 23716, June 11, 1976.
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(14.0) 52.1113 General requirements.
(b) Regulation for public availability of emission data.
(1) Any person who cannot obtain emission data from the Agency
responsible for making emission data available to the public,
as specified in the applicable plan, concerning emissions from
any source subject to emission limitations which are part of
the approved plan may request that the appropriate Regional
Administrator obtain and make public such data. Within 30
days on the nature and amounts of emissions from such source
and any other information as may be deemed necessary By the
Regional Administrator to determine whether such source is in
compliance with applicable emission limitations or otfier con-
trol measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(l) of this section,
the owner or operator of the source shall maintain records of
the nature and amounts of emissions from such source and any
other information as may be deemed necessary by the Regional
Adminstrator to determine whether such source is in compliance
with applicable emission limitations or other control measures
that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted
within 45 days after the end of the reporting period. Report-
ing periods are January 1-June 30 and July 1-December 31.
(3) Information recorded by the owner or operator and copies of
this summarizing report submitted to the Regional Administra-
tor shall be retained by the owner or operator for 2 years
after the date on which the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations
and other control measures that are part of the applicable <
.plan and will be available at the appropriate regional office
and at other locations in the state designated by the Regional
Administrator.
(39 FR 32536, Sept. 26, 1974, as amended at 40 FR 55329, Nov.
28, 1975.)
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'17.0) 52.1116 Prevention of Significant Deterioration
(b) Definitions. For the purposes of this section:
(1) "Facility" means an identifiable piece of process equipment. A
stationary source is composed of one or more pollutant-emitting
facilities.
(2) The phrase "Administrator" means the Administrator of the Envi-
ronmental Protection Agency or his designated representative.
(3) The phrase "Federal Land Manager" means the head, or his desig-
nated representative, of any Department or Agency of the Fed-
eral Government which administers federally-owned land, includ-
ing public domain lands.
(4) The phrase "Indian Reservation" means any federally-recognized
reservation established by Treaty, Agreement, Executive Order,
or Act of Congress.
(5) The phrase "Indian Governing Body" means the governing body of
any tribe, band, or group of Indians subject to the jurisdiction
of the United States and recognized by the United States as pos-
sessing power of self-government.
(6) "Construction" means fabrication, erection or installation of a
stationary source.
(7) "Commenced" means that an owner or operator has undertaken a
continuous program of construction or modification or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous
program of construction or modification.
(c) Area designation and deterioration increment
(1) The provisions of this paragraph have been incorporated by ref-
erence into the applicable implementation plans for various
States, as provided in Subparts B through ODD of this part. Where
this paragraph is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Government and In-
dian Reservations located in such State. The provisions of this
paragraph do not apply in those counties or other functionally
equivalent areas that pervasively exceeded any national ambient
air quality standards during 1974 for sulfur dioxide or particu-
late matter and then only with respect to such pollutants.
States may notify the Administrator at any time of those areas
which exceeded the national standards during 1974 and therefore
are exempt from the requirements of this paragraph.
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(2) (i) For purposes of this paragraph, areas designated as Class
I or II shall be limited to the following increases in
pollutant concentration occurring since January 1, 1975:
Area Designations
Pollutant Class I Class II
(ug/m3) (ug/m3)
Particulate matter:
Annual geometric mean 5 10
24-hr maximum 10 30
Sulfur dioxide:
Annual arithmetic mean 2 15
24-hr maximum 5 100
3-hr maximum 25 700
(ii) For purposes of this paragraph, areas designated as Class
III shall be limited to concentrations" of"parti art ate
matter and sulfur dioxide no greater than the national
ambient air quality standards.
(iii) The air quality impact of sources granted approval to
construct or modify prior to January 1, 1975 (pursuant to
the approved new source review procedures in the plan)
but not yet operating prior to January 1, 1975, shall not
be counted against the air quality increments specified
in paragraph (c) (2) (i) of this section.
(3) (i) All areas are designated Class II as of the effective
date of this paragraph. Redesignation may be proposed by
the respective States, Federal Land Manager, or Indian
Governing Bodies, as provided below, subject to approval
by the Administrator.
(ii) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I, Class II, or
Class III, provided that:
(a) At least one public hearing is held in or near the
area affected and this public hearing is held in
accordance with procedures established in 51.4 of
this chapter, and
(b) Other States, Indian Governing Bodies, and Federal
Land Managers whose lands may be affected by the
proposed redesignation are notified at least 30 days
prior to the public hearing, and
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(c) A discussion of the reasons for the proposed redes-
ignation is available for public inspection at least
30 days prior to the hearing and the notice announc-
ing the hearing contains appropriate notification of
the availability of such discussion, and
(d) The proposed redesignation is based on the record of
the State's hearing, which must reflect the basis
for the proposed redesignation, including consider-
ation of (1) growth anticipated in the area, (2)
the social, environmental, and economic effects of
such redesignation upon the area being proposed for
redesignation and upon other areas and States, and
(3) any impacts of such proposed redesignation upon
regional or national interests.
(e) The redesignation is proposed after consultation
with the elected leadership of local and other sub-
state general purpose governments in the area cov-
ered by the proposed redesignation.
(iii) Except as provided in paragraph (c) (3) (iv) of this
section, a State in which lands owned by the Federal Gov-
ernment are located may submit to the Administrator a
proposal to redesignate such lands Class I, Class II, or
Class III in accordance with subdivision (ii) of this
subparagraph provided that:
(a) The redesignation is consistent with adjacent State
and privately owned land, and
(b) Such redesignation is proposed after consultation
with the Federal Land Manager.
(iv) Notwithstanding subdivision (iii) of this subparagraph,
the Federal Land Manager may submit to the Administrator
a proposal to redesignate any Federal lands to a more
restrictive designation than would otherwise be applic-
able provided that:
(a) The Federal Land Manager follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Federal Land is lo-
cated or which border the Federal Land.
(v) Nothing in this section is intended to convey authority
to the States over Indian Reservations where States hava
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
follows:
(a) Any redesignation proposed pursuant to subdivisions
(ii) and (iii) of this subparagraph shall be approv-
ed unless the Administrator determines (1) that the
requirements of subdivisions (ii) and (iii) of this
subparagraph have not been complied with, (2) that
the State has arbitrarily and capriciously disre-
garded relevant considerations set forth in sub-
paragraph (3) (ii) (d) of this paragraph, or (3)
that the State has not requested and received dele-
gation of responsibility for carrying out the new
source review requirements of paragraphs (d) and (e)
of this section.
(b) Any redesignation proposed pursuant to subdivision
(iv) of this subparagraph shall be approved-unless
he determines (1) that the requirements of subdivi-
sion (iv) of this subparagraph have not been complied
with, or (2) that the Federal Land Manager has arbi-
trarily and capriciously disregarded relevant con-
siderations set forth in subparagraph (3) (ii) (d) of
this paragraph.
(c) Any redesignation submitted pursuant to subdivision
(v) of this subparagraph shall be approved unless he
determines (1) that the requirements of subdivision
(v) of this subparagraph have not been complied with,
or (2) that the Indian Governing Body has arbitrar-
ily and capriciously disregarded relevant consider-
ations set forth in subparagraph (3) (ii) (d) of this
paragraph.
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(d) Any redesignation proposed pursuant to this para-
graph shall be approved only after the Administrator
has solicited written comments from affected Federal
agencies and Indian Governing Bodies and from the
public on the proposal.
(e) Any proposed redesignation protested to the propos-
ing State, Indian Governing Body, or Federal Land
Manager and to the Administrator by another State or
Indian Governing Body because of the effects upon
such protesting State or Indian Reservation shall be
approved by the Administrator only if he determines
that in his judgment the redesignation appropriately
balances considerations of growth anticipated in the
area proposed to be redesignated; the social, envi-
ronmental and economic effects of such redesignation
upon the area being redesignated and upon other areas
and States; and any impacts upon regional or nation-
al interests.
(f) The requirements of paragraph (c) (3) (vi) (a) (3)
that a State request and receive delegation of the
new source review requirements of this section as a
condition to approval of a proposed redesignation,
shall include as a minimum receiving the administra-
tive 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.
Oil) Coal Cleaning Plants.
(111) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Primary Aluminum Ore Reduction Plants.
(viii) Primary Copper Smelters.
(ix) Municipal Incinerators capable of charging more than 250
tons of refuse per 24 hour day.
(x) Sulfuric Acid Plants.
(xi) Petroleum Refineries.
(Xii) Lime Plants.
(xiii) Phosphate Rock Processing Plants.
(xiv) By-Product Coke Oven Batteries.
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the Imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
i
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
(3) In making the determinations required by paragraph (d) (2) of this
section, the Administrator shall, as a minimum, require the owner
or operator of the source subject to this paragraph to submit:
site information, plans, description, specifications, and drawings
showing the design of the source; information necessary to de-
termine the impact that the construction or modification will have
on sulfur dioxide and particulate matter air quality levels; 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 sat 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 respec-t 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 tnvironmen-
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) (t) 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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(yi) 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-
minting 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 fd) 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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