U.S. DEPARTMENT OF COMMERCE
National Technical Information Service
PB-290 275
Air Pollution Regulations in State
Implementation Plans: Montana
Abcor Inc, Wilmington, MA Walden Div
Prepared for
Environmental Protection Agency, Research Triangle Park, NC
Aug. 78
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&EFA
United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-076
August 1978
Air
Air Pollution Regulations
in State Implementation
Plans:
Montana
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TECHNICAL REPORT DATA
(Please read Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-076
4. TITLE AND SUBTITLE
Air Pollution Regulations in State Implementation i
Plans: Montana
7. AUTHOR(S)
3. RECIPIENT'S ACCESSIOI»NO.
6. REPORT DATE
August 1978
6. PERFORMING ORGANIZATION CODE
I. PERFORMING ORGANIZATION REPORT NO.
9. PERFORMING ORGANIZATION NAME AND ADDRESS
Walden Division of Abcor, Inc.
Wilmington, Mass.
10. PROGRAM ELEMENT NO.
11. CONTRACT/GRANT NO.
68-02-2890
12. SPONSORING AGENCY NAME AND ADDRESS
13. TYPE OF REPORT AND 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
Federal Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of the above
categories as of January 1,1978, have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
a.
KEY WORDS AND DOCUMENT ANALYSIS
DESCRIPTORS
I) IDENTIFIERS/OPEN ENDED TERMS c. COSATI I leUI/CJroup
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
19. SECURITY CLASS (This Re port I
Unclassified
2O. SECURITY CLASS (This page)
Unclassified
21. N
227PRICE
p?'ce PC / / '
no?5" / P\ €>\
EPA Form 2220-1 (9-73)
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EPA-450/3-78-076
Pollution Regulations
in State Implementation Plans
Montana
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
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This report is issued by the Environmental Protection Agency to
report air pollution regulations of interest to a limited number of
readers. Copies are available, for a fee, from the National Technical
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
This report was furnished to the Environmental Protection Agency by
Walden Division of Abcor, Inc., Wilmington, Mass. 01887, in fulfillment
of Contract No. 68-02-2890. The contents of this report are reproduced
herein as received from Walden Division of Abcor, Inc. The opinions,
findings, and conclusions expressed are those of the author and not
necessarily those of the Environmental Protection Agency. Mention of
company or product names is not to be considered as an endorsement
by the Environmental Protection Agency.
Publication No. EPA-450/3-78-076
11
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INTRODUCTION
This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977. The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands). They consist of .both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register. Regulations which fall into one of
the above categories as or January 1, 1978, have been incorporated. As
mandated by Congress, this document will be updated annually. State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.
There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations. The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation. Federally promulgated parking management
regulations have, therefore, been suspended indefinitely. Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP. Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable. More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects. Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.
Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document. Index listings consist of both contaminant and activity oriented
categories to facilitate usage. For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15). Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.
Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document. Specifically,
the summary sheets contain the date of submittal to EPA of each revision
in
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to the SIP and the date of the Federal Register in which the revision
was either approved or disapproved by EPA. Finally, a brief description
or reference of the regulation which was submitted is also included.
This document is not intended to provide a tool for determining
the enforceability of any given regulation. As stated above, 1t is
intended to provide a comprehensive compilation of those regulations
which are incorporated directly or by reference into Title 40, Part 52,
of the Code of Federal Regulations. Consequently, the exclusion of a
Federally approved regulation from this document does not diminish the
enforceability of the regulation. Similarly, the inclusion of a given
regulation (for example, regulations governing pollutants, such as odors,
for which there is no national ambient air quality standards) in this
document does not, in itself, render the regulation enforceable.
IV
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SUMMARY SHEET
OF.
ERA-APPROVED REGULATION CHANGES
MONTANA
Submittal Date
6/24/72
Approval Date^
7/27/72
Description
Reg. 90-001; Part VI, VIII,
XII
FEDERAL REGULATIONS
Section Number
52.1374
52.1378
52.1382
Description
Regulation for Review of New or Modified Indirect
Sources
Regulation for Public Availability of Emission Data
Prevention of Significant Deterioration
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DOCUMENTATION OF CURRENT EPA-APPROVEO
STATE AIR POLLUTION REGULATIONS
REVISED STANDARD SUBJECT INDEX
I ^••MMMB^MM^^^MM^^M^^nMMMMMWMMMM^MHMMH^M^MM
1.0 DEFINITIONS
2.0 GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0 REGISTRATION CERTIFICATES. OPERATING PERMITS AND APPLICATIONS
4.0 AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
4.1 PARTICULATES
4.2 SULFUR DIOXIDE
4.3 NITRIC OXIDES
4.4 HYDROCARBONS
4.5 CARBON MONOXIDE
4.6 OXIDANTS
4.7 OTHERS
5.0 VARIANCES
6.0 COMPLIANCE SCHEDULES
7.0 EQUIPMENT MALFUNCTION AND MAINTENANCE
8.0 EMERGENCY EPISODES
9.0 AIR QUALITY SURVEILLANCE AND SOURCE TESTING
10.0 NEW SOURCE PERFORMANCE STANDARDS
11.0 NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0 MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0 RECORD KEEPING AND REPORTING
14.0 PUBLIC AVAILABILITY OF DATA
15.0 LEGAL AUTHORITY AND ENFORCEMENT
16.0 HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0 PREVENTION OF SIGNIFICANT DETERIORATION
18.0 AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0 POLLUTANT - SPECIFIC REGULATIONS
50.1 PARTICULATES
SO.lul PROCESS WEIGHT
50.1.2 VISIBLE EMISSIONS
50.1.3 GENERAL
VI
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50.2 SULFUR COMPOUNDS
50.3 NITRJC 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 Stan-
dard Subject
Index
--
(2.0)
(3.0)
(3.0)
(3.0)
(3.0)
(1.0)
(3.0)
(2.0)
(14.0)
(15.0)
(3.0)
(3.0)
(3.0)
(3.0)
(2.0)
Section
Number
--
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
XIV
XV
STATE REGULATIONS
Title
Air Pollution Control Construction
and Operating Permits
Policy Statement
Permit to Construct
Plans and Specifications
Transfer of Permits
Denial of Permit Application
Definitions
Time Limit For Permit
Compliance
Confidentiality
Authority
Permit To Operate
Standards For Granting Application
Conditional Approval
Denial of Applications
Effective Date
(2.0) — General
Page
Number
1
1
2
2
3
3
4
4
4
4
4
5
6
6
6
Limitations Of The Levels, Concen- 7
trations Or Quantities Of Emissions
Of Various Pollutants From Sources
Necessary To Prevent, Abate Or
Control Air Pollution
VIII
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Revised Stan-
dard Subjeqt Section Page
Index Number Title Number
(15.0) — Authority • 7
(1.0) -- Definitions . 7
(51.9) -- Incinerators 11
(50.1.1) — Restriction Of Emission of Parti- 12
culate Matter From Industrial
Processes
(50.1) -- Preventing Particulate Matter 14
From Becoming Air-Borne
(51.5) -- Maximum Allowable Emission Of 15
Particulate Matter From Fuel
Burning Equipment
(50.1.2) -- Restriction Of Emission Of Visible 18
Air Contaminants
(50.2) — Restriction Of Sulfur Oxide Emis- 20
sions
(51.6) II Regulation Of Sulfur In Fuel 23
(51.11) -- Primary Non-Ferrous Smelters 25
(51.14) — Kraft Pulp Mills 28
i
(50.6) -- Control Of Odors In The Ambient Air 31
(51.13) -- Open Burning Restrictions 33
(7.0) -- Malfunction Of An Installation 35
(2.0) -- Circumvention 35
(12.0) — Control Of Air Pollution In Motor 35
Vehicles
(51.20) -- Prevention, Abatement, And Control 36
Of Air Pollution From Wood-Waste
Burners
(4.0) -- Montana Ambient Air Quality Standards 39
IX
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Revised Stan-
dard Subject
Index
(9.0)
(50.7)
(51.16)
(51.17)
Section
Number
Title
Requiring Testing Or Testing
Facilities
-Restricting The Emission Of
Fluorides
Storage Of Petroleum Prod-
ucts
Maximum Allowable Emission Of
Fluorides From Primary Alumi-
num Reduction Plants, Aluminum
Smelters Or Aluminum Manufac-
turing Plants
.-,.
Number
42
43
45
48
FEDERALLY PROMULGATED REGULATIONS
Revised Stan-
dard Subject
Index
(10.0)
(14.0)
(17.0)
Section
Number
52.1374
52.1378
52.1382
Title
Review Of New Or Modified Indirect
Sources
General Requirements
Prevention Of Significant De-
terioration
Page
Number
51
61
62
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AIR POLLUTION CONTROL
(3.0) CONSTRUCTION AND OPERATING PERMITS
Regulation No. 90-001
Adopted March 23, 1969
Revised January 9, 1970
Revised July 10, 1970
Montana State Board of Health
Helena, Montana
Provisions concerning application for and granting of permits to construct,
operate, install or alter any machine, equipment, device or other article or
process which may cause or contribute to air pollution.
(2.0) I. POLICY STATEMENT
New equipment or changes of process capable of becoming a source of
air pollution shall be provided with the maximum control capability
which is technically practicable and economically feasible. Any equip-
ment shall be operated to provide the maximum conbrol capability.
(3.0) II. PERMIT TO CONSTRUCT
A permit shall be required from the director of the Division of Air
Pollution Control and Industrial Hygiene, Montana State Department of
Health for the construction, installation or alteration of any new
equipment or changes of process capable of emitting air contaminants
to the atmosphere and any new, altered or revised equipment intended
for eliminating, reducing or controlling emission of air contaminants
from the following classes of operation:
1. All phosphate rock or phosphorite processing equipment or equip-
ment used in the production of elemental phosphorous, enriched
phosphates, defl uorinated phosphates, phosphate fertilizers or
phosphorite concentrates or any equipment used in the processing
of fluorides-enriched waste waters to produce fluorides compounds
for sale.
2,. Industrial and commercial power generating plants except railroad
locomotives and hydroelectric.
3. All metallurgical operations such as smelting, refining or reclaim-
ing of any metals or minerals or their by-products.
4. Petroleum refining, marketing and pipelining.
5. Any rock crushing, or gravel cleaning or sizing operations including
mobile units in operation or existing in the State at the time of
passage and approval of this regulation.
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6. Asphalt batching or hot-mix plants including mobile units in opera-
tion or existing in the State at the time of passage and approval
of this regulation.
7. Pulp mills and paper mills.
8. , All lumber mills or wood products operations that will burn waste
wood as a means of disposal or for boiler fuel.
9. Acid manufacturing plants.
10. Chemical plants.
11._ Cement plants manufacturing cement.
12. Slaughter houses and/or rendering works.
13. Fertilizer manufacturing plants.
14. Foundries.
15. Any industrial or commercial boiler or furnace burning for fuel
wood, coal or heavy petroleum products.
16. Concrete batching plants.
17. Metal scrap salvage, processing, or reclaiming operations.
18. Manufacturing plants or concerns manufacturing or processing dyes;
adhesives, radioactive materials; plastics; resins; detergents;
soap, tallow; paint; varnish; animal, vegetable or mineral oils;
rubber; animal, vegetable and mineral fibers; biological materials;
glass; bricks, pottery or chinaware; grains; beverages (except
bottling plants); coal, including coal washers and coke; clay,
diatomacious earth or dolomite; manure; hides and furs; vegetables,
meat, fish or flour (except food service establishments).
19. Canneries.
(3.0) III. PLANS AND SPECIFICATIONS
The application for a permit shall be accompanied by plans, specifica-
tions, and such other information as the director deems necessary except
that the director may dispense with the submission of plans and specifi-
cations upon prior written agreement.
(3.0) IV. TRANSFER OF PERMITS
Permits issued shall not be transferable either from one location to
another, from one piece of equipment to another or from one person to
another.
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(3.0) V. DENIAL OF PERMIT APPLICATION
Upon refusal by the director to grant a permit after request therefore,
the director shall submit the permit application to the Board for their
review and final action.
(1.0) VI. DEFINITIONS
1. Equipment: Any article, machine, equipment or other contrivance,
the use of which may cause the issuance of air contaminants or
which may be designed for or used to control air contaminants.
i
2. New Equipment:
a. Any equipment, installation, construction, article, machine
or contrivance constructed or installed after the effective
date of this regulation;
b. Any equipment replaced or altered or processes changed in
such a manner after the effective date of this regulation
as to have any substantial effect on the production or
control of air contaminants;
c. Any equipment moved after the effective date of this regula-
tion to another premises involving a change of address;
d. Any equipment purchased and to be operated after the effective
date of this regulation by a new owner or when a new lessee
desires to operate such equipment;
e. Any equipment that is or has been shut down, put out of
service or otherwise made inoperative for 180 days or more
after March 23, 1968 and which is to be put back into opera-
tion o,r service;
f.. Any equipment whose construction was started prior to March 23,
1968 and remained uncompleted 180 days or more after March 23,
1968.
3. Substantial:
a. The word substantial as appearing in subsection 2(b) of this
section VI shall be defined as follows:
(1) Increases the amount of any air pollutant (to which a
standard applies) emitted, or which results in the
emission of any air pollutant (to which a standard
applies) not previously emitted, except that:
(a) Routine maintenance, repair, and replacement shall
not be considered as alterations, and
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(b) The following shall not be considered a process
change:
i. An increase in the production rate, if such
increase does not exceed the operating design
capacity of the affected facility;
ii. An increase in hours of operation;
iii. Use of an alternative fuel or raw material if
the affected facility is designed to accom-
modate such alternative use.
(3.0) VII. TIME LIMIT FOR PERMIT
If the construction, installation or alteration for which a permit has
been issued is not completed within two years from the date of issuance
of the permit, a renewal of the permit shall be required.
(6.0) VIII. COMPLIANCE
Nothing in this regulation shall be construed as relieving any permittee
from full compliance with all laws of the State of Montana and any appli-
cable Federal laws respecting the subject of air pollution and all other
regulations, rules and standards heretofore or hereafter adopted by the
State Board of Health, or applicable Federal agency respecting air pollu-
tion, including, but not limited to, all present and future provisions
of the air pollution control statutes of the State of Montana, further
regulations governing permits of any kind, and emission standards; nor
shall approval of plans and specifications under this regulation or
issuance of a permit under this regulation excuse anyone from full
future compliance with any of the foregoing.
(14.0) IX. CONFIDENTIALITY
Any plans; specifications or records or parts thereof, which are deemed
by the owner or operator as confidential shall be clearly designated and
certified by said owner or operator.
(15.0) X. AUTHORITY
The authority to promulgate this regulation is provided in Section 8 of
the Clean Air Act of Montana, enacted by the Legislative Assembly of
Montana in 1967.
(3.0) XI. PERMIT TO OPERATE
Before any article, machine, equipment or other contrivance described in
Section II of this regulation may be operated or used, a written permit
shall be obtained from the director. No permit to operate or use shall
be granted by the director for any article, machine, equipment or con-
trivance described in Section II of this regulation, constructed or
installed without authorization as required by Section II of this
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regulation, until the information required pursuant to these regula-
tions is presented to the director and such article, machine, equipment
'or contrivance is altered, if necessary, and made to conform to the
standards set forth elsewhere in the standards and regulations formula-
ted under authority of the Clean Air Act of Montana.
A. Posting of Permit to Operate
A person who has been granted a permit to operate any article,
machine, equipment, or other contrivance shall firmly affix
such permit to operate, an approved facsimile, or other approved
identification bearing the permit number upon the article, machine,
equipment or other contrivance in such manner as to be clearly
visible and accessible. In the event that the article, machine,
equipment or other contrivance is so constructed or operated that
the permit to operate cannot be so placed, the permit to operate
shall be mounted so as to be clearly visible in an accessible
place within 25 feet of the article, machine, equipment, or other
contrivance, or maintain readily available at all times on the
operating premises.
(3.0) XII. STANDARDS FOR GRANTING APPLICATION
A. The director shall deny an authority to construct, or permit to
operate or use, except as provided in Section XIII of this regula-
tion, if the applicant does not show that every article, machine,
equipment or other contrivance, the use of which may cause the
issuance of air contaminants, or the use of which may eliminate
or reduce or control the issuance of air contaminants, is so
designed, controlled, or equipped with such air pollution control
•equipment, that it may be expected to operate without emitting
air contaminants in violation of standards and regulations for-
mulated under authority of the Clean Air Act of Montana, or will
interfere with the attainment or maintenance of any applicable
national standards, or violate any regulations promulgated by the
Administrator of the U.S. Environmental Protection Agency pursuant
to the Federal Clean Air Act as amended.
B. Before an authority to construct or a permit to operate is granted,
the director may require the applicant to provide and maintain such
facilities as are necessary for sampling and testing purposes in
order to secure information that will disclose the nature, extent,
quantity or degree of air contaminants discharged into the atmos-
phere from the article, machine, equipment or other contrivance
described in the authority to construct or permit to operate. In
the event of such a requirement, the director shall notify the
applicant in writing of the required size, number and location of
sampling holes; the size and location of the sampling platform; the
access to the sampling platform; and the utilities for operating
the sampling and testing equipment. The platform and access shall
be constructed in accordance with applicable laws and regulations
\concerning safe construction and safe practice.
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C. In acting upon a permit to operate, if the director or a member
of his staff finds that the article, machine, equipment or other
contrivance has not been constructed in accordance with the
authority to construct, he shall deny the permit to operate.
The director shall not accept any further application for permit
to operate the article, machine, equipment, or other contrivance
so constructed until he finds that the article, machine, equip-
ment or other contrivance has been constructed 1n accordance with
the authority to construct.
(3.0) XIII. CONDITIONAL APPROVAL
A. The director may issue an authority to construct or a permit to
operate or use, subject to conditions which will bring the opera-
tion of any article, machine, equipment or other contrivance
within the standards of Section XII of this regulation, in which
case the conditions shall be specified in writing. Commencing
work under such an authority to construct or operation under such
a permit to operate shall be deemed acceptance of all the condi-
tions so specified. The director shall issue an authority to
construct or a permit to operate with revised conditions upon
receipt of a new application, if the applicant demonstrates that
the article, machine, equipment or other contrivance can operate
within the standards of Section XII of this regulation under the
revised conditions.
(3.0) XIV. DENIAL OF APPLICATIONS
In the event of denial of an authority to construct, or permit to
operate or use, the director shall notify the applicant in writing
of the reasons therefor. Service of this notification may be made
in person or by mail, and such service may be proved by the writ-
ten acknowledgment of the persons served or affidavit of the
person making the service. The director shall not accept a further
application unless the applicant has complied with the objections
specified by the director as his reasons for denial of the
authority to construct, or the permit to operate or use.
(2.0) XV. EFFECTIVE DATE
The effective date of this regulation 90-001 shall be June 30, 1970
as amended.
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(51.0)
(2.0)
Regulation 90-002
(Revised January 9, 1970)
LIMITATIONS OF THE LEVELS, CONCENTRATIONS OR QUANTITIES
OF EMISSIONS OF VARIOUS POLLUTANTS FROM SOURCES NECESSARY
TO PREVENT, ABATE OR CONTROL AIR POLLUTION
General: IP the declaration of policy and purpose of the Clean A1r Act
of Montana, it is declared to be the public policy to achieve
and maintain such levels of air quality as will protect human
health and safety, and to the greatest degree practicable,
prevent injury to plant and animal life and property, foster
and comfort and convenience of the people, promote the economic
and social development of this state and facilitate the enjoy-
ment of the natural attractions of this state.
To prevent, abate or control air pollution, the regulations
contained herein are hereby established as requirements of the
State Board of Health.
(15.0)
(1.0)
Authority:
Definitions:
The authority to promulgate these regulations is provided in
Section 10 of the Clean Air Act of Montana.
"Animal Matter" shall mean any product or derivative of
animal life.
"Control Equipment" shall mean any device or contrivance
which prevents or reduces emissions.
"Control Officer" shall mean the Executive Officer for the
State Department of Health, or the Director, or any employee
of the Department designated by the Director, or any local
health officer or employee designated by the Director.
"Department" shall mean the Montana State Department of
Health.
"Director" shall mean the Director of the Division of Air
Pollution Control and Industrial Hygiene, Montana State
Department of Health.
"Existing Equipment" shall mean equipment installed prior
to November 23, 1968.
"rood Service Establishment" shall mean any fixed or mobil
restaurant; coffee shop; cafeteria; short-order cafe;
luncheonette; grill; tearoom; sandwich shop; soda fountain;
tavern; bar; cocktail lounge; night club; roadside stand;
private, public or nonprofit organization or institution
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routinely serving food; catering kitchen, commissary, or
similar place in which food or drink is placed for sale or
for service on the premises or elsewhere; and any other
eating or drinking establishment or operation where food
is served or provided for the public with or without charge.
"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
heat transfer.
"Incinerator" shall mean any equipment, device or contrivance
used for the destruction of garbage, rubbish or other wastes
by burning, but not wood wastes burned in devices commonly
called teepee burners, silos, truncated cones, wigwam burners
or other such burners used commonly by the wood products
industries and not including barrels, baskets or other con-
trivances commonly termed backyard trash burners, trash
barrels or ash pits.
"Installation" shall mean any property, real or personal,
including but not limited to processing equipment, manu-
facturing equipment, fuel burning equipment, incinerators,
or any other equipment, or construction, capable of creating
or causing emissions.
"Multiple Chamber Incinerator" shall mean any article, machine,
equipment, contrivance, structure or part of a structure used
to dispose of combustible refuse by burning, consisting of
three or more refractory lined combustion furnaces in series
physically separated by refractory walls, interconnected by
gas passage ports or ducts and employing adequate parameters
necessary for maximum combustion of the material to be burned.
"New Equipment" shall mean:
(a) Any equipment, installation, construction, article,
machine or contrivance constructed or installed after
the effective date of this regulation;
(b) Any equipment replaced or altered or processes changed
in such a manner after the effective date of this regu-
lation as to have any substantial effect on the produc-
tion or control of air contaminants;
(c) Any equipment moved after the effective date of this
regulation to another premise involving a change of
address;
-8-
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(d) Any equipment purchased and to be operated after the
effective date of this regulation by a new owner or
when a new lessee desires to operate such equipment.
"Odor" shall mean that property of an emission which sti-
mulates the sense of smell.
"Open fire" shall mean a fire where any material is burned
in the open or in a receptacle other than a furnace or
multiple chamber incinerator.
"Particulate Matter" shall mean any material, except water
in uncombined form that is or has been air-borne, and exists
as a liquid or a solid at standard conditions.
"Person" means any individual, partnership, firm, association,
municipality, public or private corporation, sub-division or
agency of the state, trust, estate or any other legal entity.
"Premises shall mean any property, piece of land or real estate
or building.
"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.
"Process Weight Rate" shall mean the rate established as
follows:
For continuous or long-run steady-state operations, the
total process weight for the entire period of continuous
operation or for a typical portion thereof, divided by
the number of hours of such period or portion thereof.
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 inter-
pretation of this definition, the interpretation that
results in the minimum value for allowable emission
shall apply.
"Public Nuisance" shall mean any condition of the atmosphere
beyond the property line of the offending person which is
injurious to health, or offensive to the senses, or which
cause or constitutes an obstruction to the free use of pro-
perty, so as to interfere with the comfortable enjoyment of
life or property.
-9-
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"Reduction" shall mean any heated process, including rend-
ering, cooking, drying, dehydrating, digesting, evaporating,
and protein concentrating.
"Ringelmann Smoke Chart" shall mean the chart published and
described in the latest applicable U.S. Bureau of Mines In-
formation Circular, used in estimating the light Obscuring
power of smoke.
"Salvage Operation" shall mean any operation conducted in
whole or in part for the salvaging or reclaiming of any
product or material.
"Source" shall mean any property, real or personal, or person
contributing to air pollution.
"Stack or Chimney" shall mean any flue, conduit or duct
arranged to conduct emissions.
"Standard Conditions" shall mean a temperature of 70°
Fahrenheit and pressure reduced to 29.92 inches of mercury
at sea level.
"Trade Waste" shall mean solid, liquid, or gaseous material
resulting from construction or the prosecution of any business,
trade, or industry, or any demolition operation including but
not limited to wood, plastics, cartons, grease, oil, chemicals
and cinders.
"Wood-Waste Burners" shall mean devices commonly called tepee
burners, silos, truncated cones, wigwam burners, and other
such burners commonly used by the wood product industry for
the disposal by burning of wood wastes.
Tha definitions contained in Section 69-3906 R.C.M., 194?
shall be applicable, where appropriate.
-10-
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Regulation 90-003
Revised January 9, 1970
(51.9) INCINERATORS
A. Particulate Hatter from Incinerators
No person shall cause, suffer, or allow to be discharged into the out-
door atmosphere from any incinerator, particulate matter to exceed 0.3
grains per standard cubic foot of dry flue gas, adjusted to 12 percent
carbon dioxide and calculated as if no auxiliary fuel had been used,
for incinerators designed for burning not more than 200 pounds of
refuse per hour or to exceed 0.2 grains per standard cubic foot of dry
flue gas, adjusted to 12 percent carbon dioxide and calculated as if
no auxiliary fuel had been used, for incinerators designed for burning
more than 200 pounds of refuse per hour.
B. Construction
1. No incinerator shall be used for the burning of refuse unless
such incinerator is a multiple chamber incinerator. Existing
incinerators which are not multiple chamber incinerators may be
altered, modified or rebuilt as may be necessary to meet this
requirement. The director may approve any other alteration or
modification to an existing incinerator if such be found by him
to be equally effective for the purpose of air pollution control
as a modification or alteration which would result in a multiple
chamber incinerator. All new incinerators shall be multiple
chamber incinerators, provided that the director may approve any
other kind of incinerator if he finds in advance of construction
or installation, that such other kind of incinerator is equally
effective for purposes of air pollution control as an approved
multiple chamber incinerator.
2. Existing incinerators which are not multiple chamber incincerators
and do not otherwise meet the requirements of Section B (1) of
this regulation shall be modified or rebuilt in compliance with
this 'section in accordance with the following scheduler
Rated Capacity Latest Date for Compliance
2000 Ibs/hr or above June 30, 1970
1000 - 1999 Ibs/hr June 30, 1970
All others June 30, 1970
C. Hours of Operation
No person'shall bperate or cause or permit the operation of any incin-
erator at any time other than between the hours of 10:00 a'.m. and 4:00
p.m. This restriction shall not apply to incinerators having a refuse
burning capacity of five tons per hour or more.
-11-
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Regulation 90-004
(50.1.1) RESTRICTION OF EMISSION OF PARTICULATE
MATTER FROM INDUSTRIAL PROCESSES
A. Emission Limitations
No person shall cause, suffer, allow, or permit to be discharged into
the outdoor atmosphere from any operation, process or activity, except
(a) fuel burning equipment and (b) incinerators, particulate matter in
excess of the amount shown in Table I of this regulation. When the
process weight falls between two values in the table, the maximum weight
discharged per hour shall be determined by 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 P0lll-40
Where E = Maximum rate of emission in pounds per hour —
P = Process weight rate in tons per hour.
TABLE I
Process
Rate
Ib/hr
100
200
400
600
800
1,000
1,500
2,000
2,500
3,000
3,500
4,000
5,000
6,000
7,000
8,000
9,000
10,000
12,000
Weight
Tons/hr
0.05
0.10
0.20
0.30
0.40
0.50
0.75
1.00
1.25
1.50
1.75
2.00
2.50
3.00
3.50
4.00
4.50
6.00
6.00
Rate of
Emission
Ib/hr
0.551
0.877
1.40
1.83
2.22
2.58
3.38
4.10
4.76
5.38
5.96
6.52
7.58
8.56
9.49
10.4
11.2
12.0
13.6
Process
Rate
Ib/hr
16,000
18,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
120,000
140,000
160,000
200,000
1,000,000
2,000,000
6,000,000
Wei ght
Tons/hr
8.00
9.00
10.
15.
20.
25.
30.
35.
40.
45.
50.
60.
70.
80.
100.
500.
1,000.
3,000.
Rate of
Emission
Ib/hr
16.5
17.9
19.2
25.2
30.5
35.4
40.0
41.3
42.5
43.6
44.6
46.3
47.8
49.0
51.2
69.0
77.6
92.7
Interpolation of the data in this table for process weight rates up to
60,000 Ib/hr shall be accomplished by use of the equation E = 4.10 P°-67,
-12-
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and interpolation and extrapolation of the data for process weight rates
in excess of 60,000 Ib/hr shall be accomplished by use of the equation:
E = $5.0 pO-11-40, where E = rate of emission in Ib/hr and P e process
weight rate in tons/hr.
B. Effective Date
The effective date of this regulation for existing equipment shall be
June 1, 1970. For new equipment, the effective date shall be November
23, 1968.
-------
Regulation 90-005
PREVENTING PARTICULATE MATTER
FROM BECOMING AIR-BORNE
A. No person shall cause or permit the handling or transporting or storage
of any material in a manner which allows or may allow controllable
particulate matter to become air-borne.
B. No person shall cause or permit a building or Its appurtenances or a
road, or a driveway, or an open area to be constructed, used, repaired
or demolished without applying all such reasonable measures as may be
required to prevent particulate matter from becoming air-borne. The
Director may require such reasonable measures as may be necessary to
prevent particulate matter from becoming air-borne, including but not
limited to, paving or frequent cleaning of roads, driveways and park-
ing lots; application of dust-free surfaces, application of water;
and the planting and maintenance of vegetative ground cover.
C. The effective date of this regulation shall be November 23, 1968.
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Regulation 90-006
(51.5) MAXIMUM ALLOWABLE EMISSION OF PARTICIPATE
MATTER FROM FUEL BURNING EQUIPMENT
A. Particulate Matter from Fuel Burning Equipment
No person shall cause, suffer, allow or permit particulate matter
caused by tne combustion of fuel 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 Emnrlsslons of
British Thermal Units Particulate Matter in Pounds per
per hour Million British Thermal Units
Existing Fuel Burning New Fuel Burning
Equipment Equipment
Up to end including 10 0.60 0,60
100 0.40 0.35
l.OOC 0.28 0.20
10,000 and above 0.19 0.12
B. For a heat input between any two consecutive heat inputs stated in the
preceding table, maximum allowable emissions of particulate matter are
shown, for existing fuel burning equipment on Figure 1 and for new fuel
burning equipment on Figure 2. For the purposes hereof, heat input
shall be calculated as the aggregate heat content of all fuels (using
the upper limit of their range of heating value) whose products of
combustion pass through the stack or chimney.
1. When two or more fuel burning units are connected to a single
stack, the combined heat input of all units connected to the
stack shall be used to determine the allowable emission from the
stack.
2. When a single fuel burning unit is connected to two or more
stacks, the allowable emission from all the stacks combined
shall not exceed that allowable for the same unit connected
to a single stack.
C. The effective date of this regulation for existing equipment shall be
June 1, 1970. For new equipment, the effective date shall be November
23, 1968.'
-15-
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FIGURE 2
MAXIMUM EMISSION OF PARTICULATE MATTER
FROM NEW FUEL BURNING INSTALLATIONS
3=
Z t—
O CO
I-M
oo z
(/I O
OC I—
ui rs
a. a.
QC «*
i I
t—4 ^
X D-
Q
O
Q.
iii*i«| • iiiiiiii
0.10
1000
10000
TOTAL INPUT—MILLIONS OF BTU PER HOUR
-16-
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FIGURE 1
MAXIMUM EMISSION OF PARTICULATE MATTER
FROM EXISTING FUEL BURNING INSTALLATIONS
o i—
•-( CO
e/o
GO z:
uJ •—t
t- z
o ex o.
*-> z
K— Ul i—i
Q£ I—
s
I/O
1.0
0.9
0.8
0.7
0.6
0.5
0.4
0.3
0.25
0.20
0.15
0.10
I I J~ ~f 1 I Tl
7T^
10
100
1000
10000
TOTAL INPUT—MILLIONS OF BTU PER HOUR
-17-
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Regulation 90-007
(50.1.2) RESTRICTION OF EMISSION OF VISIBLE AIR CONTAMINANTS
A. Restrictions Applicable to Existing Installations
No person shall cause, suffer, allow or permit emissions from any
installations which are
1. of a shade or density darker than that designated as No. 2 on
the Ringelmann Chart, or
2. of such opacity as to obscure an observer's view to a degree
greater than does smoke described in subsection A (1) of this
regulation.
This Section A shall not apply to existing incinerators or existing
wood-waste burners.
B. Restrictions Applicable to New Installations and All Incinerators
No person shall discharge into the atmosphere from any single source
of emission whatsoever any air contaminant
1. of a shade or density darker than that designated as No. 1 on the
Ringelmann Chart, or
2. of such opacity as to obscure an observer's view to a degree
greater than does smoke described in subsection B (!) of this
regulation.
C. Exceptions
1. The provisions of subsection A and subsection B of this regulation
shall not apply to emissions during the building of a new fire,
cleaning of fires or soot blowing, the shade or density of which
is less than No. 3 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. 3 on the Ringelmann Smoke Chart for a
period or periods aggregating no more than four minutes in any
sixty minutes.
2. Where the presence of uncombined water is the only reason for
failure of an emission to meet the requirements of Sections A or
B of this regulation, such sections shall not apply.
3. The provisions of Section A of this regulation shall not apply to
the following:
a. Transfer of molten metals.
b. Emissions from transfer ladles.
-18-
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D. Effective Date
The effective date of this regulation shall be November 23, 1968 with
exceptions indicated by Section B (2), Regulation 90-003; Section B,
Regulation 90-004; Section C, Regulation 90-006; Section B, Regulation
90-010; Section C and D, Regulation 90-014.
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Regulation 90-008
(50.2) RESTRICTION OF SULFUR OXIDE EMISSIONS
I. GROUND LEVEL CONCENTRATIONS
i
A. No person or persons shall cause or permit the emission of sulfur
dioxide from any premises which will result in concentrations and
frequencies at ground level that exceed the following:
1. Concentrations shall not exceed 2.0 ppm* at any time.
2. Concentrations may exceed 1.0 ppm for not more than 2^
minutes in any 60 consecutive minutes at a frequency of
not more than twice in any eight (8) consecutive hours
for a total of not more than 15 minutes in any 24 con-
secutive hours.
3. Concentrations may exceed 0.5 ppm for not more than five
(5) minutes in any 60 consecutive minutes at a frequency
of not more than twice in any eight (8) consecutive hours
for a total of not more than 30 minutes in any 24 consecu-
tive hours.
4. Concentrations may exceed 0.2 ppm for not more than ten
(10) minutes in any 60 consecutive minutes at a frequency
of not more than twice in any eight (8) consecutive hours
for a total of not more than 60 minutes in any 24 consecu-
tive hours.
5. Concentrations may exceed 0.1 ppm for not more than thirty
(30) minutes in any 60 consecutive minutes at a frequency
of not more than twice in any eight (8) consecutive hours
'for a total of not more than 150 minutes in any 24 con-
secutive hours.
6. The average of all concentrations in any 24 consecutive hours
shall not exceed 0.1 ppm.
*Parts per million by volume.
i ''
B. Emissions exceeding the limits established in this subsection A
shall not constitute a violation of this regulation provided such
emissions, from the emission point to the point of any such con-
centration, are on property controlled by the person responsible
for such emissions.
C. Ground Level Monitoring
1. Any person or persons responsible for emissions of S02 in
.concentrations of 2000 ppm or more shall, when notified in
writing by the director, provide not more than ---
•20-
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a. Four recording S02 monitoring stations in the area
surrounding the source, equipped and located in a
manner approved by the Director, and continuously
operated so that the S02 concentrations in the
atmosphere at ground-level in that locality will be
properly measured.
b. The recording SO;? monitoring stations shall be ordered
not more than thirty (30) days after notification
by the Director and placed in satisfactory operation
at sites approved by the director not more than sixty
(60) days after receipt from the vendor.
c. The specifications of the recording S02 monitoring
stations shall be submitted to the director for his
approval. Any instrument or equipment not approved
shall be deemed in non-compliance with this Section.
2. Such person shall provide at least one recording meteorological
station equipped to record wind speed and wind direction.
3. Such person shall provide the necessary care and maintenance
services so that the instruments will function properly and
adequately record S02 exposures, wind speed and direction
in the area.
4. Such person shall provide to the director a summary of the
data obtained from such instruments during each calendar month.
Such summary shall be in such form and detail as will show
the degree of compliance with subsection A, and the time,
location, extent, and duration of any recorded violation of
the provisions of subsection A. Such person shall also in-
clude data giving the total mass rate of emission of S02
from the emission points specified by the Director and a de-
tailed report of instrument performance and maintenance; and
shall be submitted within the calendar month immediately
succeeding the recording of the data.
5. Such person shall keep for a period of at least one year all
records gathered as a result of the requirements of this
subsection C and shall make these available to the Director
at his request.
6. Such person shall examine at the time of each instrument main-
tenance check and in any case at intervals of no greater than
every seven days instrument records taken pursuant to the re-
quirements of subsection C (1) to determine compliance with
subsection A. Any recorded violation of subsection A shall
be reported to the Director within the next normal working
day after such examinations.
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7. Whenever the records indicate that a violation of subsection A
has occurred the person or persons responsible for such emission
shall furnish evidence that proper action has been taken to
prevent recurrence. When instrument records are not adequate
to show compliance with subsection A the Director may specify
the schedule to be followed for producing a satisfactory
'record history.
D. Definitions:
1. "S02" shall mean sulfur dioxide.
2. "ppm" shall mean parts of a contaminant per million parts of
a gas by volume.
E. The effective date of this Section I of this regulation 90-008
shall be April 30, 1970
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(51.6) II. REGULATION OF SULFUR IN FUEL
A. Commencing July 1, 1970 no person shall burn liquid or solid fuels
containing sulfur in excess of two (2) pounds of sulfur per million
Btu fired.
B. Commencing July 1, 1971 no person shall burn liquid or solid fuels
containing sulfur in excess of 1.5 pounds of sulfur per million
Btu fired.
C, Commencing July 1, 1972 no person shall burn liquid or solid fuels
containing sulfur in excess of one (1) pound of sulfur per million
Btu fired.
D. Cbmmencing July 1, 1971 no person shall burn any gaseous fuel con-
taining sulfur compounds in excess of 50 grains per 100 cubic feet
of gaseous fuel, calculated as hydrogen sulfide at standard con-
ditions. The provisions of this subsection II (D) shall not apply
to:
1. The burning of sulfur, hydrogen sulfide, acid sludge or other
sulfur compounds in the manufacturing of sulfur or sulfur
compounds.
2. The incinerating of waste gases provided that the gross heat-
ing value of such gases is less than 300 Btu's per cubic
foot at standard conditions and the fuel used to incinerate
such waste gases does not contain sulfur or sulfur compounds
in excess of the amount specified in this rule.
3. The use of fuels where the gaseous products of combustion
are used as raw materials for other processes.
E. Exceptions
i i
1. A permit may be granted by the director to burn fuels con-
taining sulfur in excess of the sulfur contents indicated
in Section II of this regulation provided it can be shown
that the facility burning the fuel is fired at a rate of one
million Btu per hour or less.
2. For purpose of Section II, of this regulation, a higher
sulfur-containing fuel may, upon application to the director,
be utilized in subsections A, B or C if such fuel is mixed
with one or more lower sulfur-containing fuels which results
in a mixture, the equivalent sulfur content of which, is
not in excess of the stated values when fired.
3.. The requirements of subsection A, B or C of Section II of
this regulation shall also be deemed to have been satisfied
if upon application to the director, a sulfur dioxide control
process is applied to remove the sulfur dioxide from the
-23-
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.gases emitted by the burning of fuel of any sulfur content
which results in an emission of sulfur in pounds per hour
not in excess of the pounds per hour of sulfur that would
have been emitted by burning fuel of the sulfur content
indicated without such a cleaning device.
F. Definition:
1. "Btg" means British thermal unit which 1s the heat required
to raise the temperature of one pound of water through one
fahrenheit degree.
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(51.11) Regulation 90-008
PRIMARY NON-FERROUS SMELTERS
III. Maximum allowable emission of reduced sulfur from primary non-ferrous
smelters and slag treatment plants.
A. No person or persons shall cause, suffer, allow or permit to be
discharged into the outdoor atmosphere from any copper, zinc or
lead smelting operation or any slag treatment plant reduced sulfur
in excess of the amount shown in the following table:
Total Feed of Sulfur,
Ib/hr
1 ,000
5,000
10,000
20,000
40,000
60,000
80,000
100,000
over 100,000
B. For a total sulfur
Allowable
Cu
100
500
1,000
2,000
4,000
6,000
8,000
10,000
10,000
Sulfur
Zn
100
394
704
1,270
2,310
3,210
4,120
5,000
5,000
feed input between any two
Emission, Ib/hr
Pb
100
348
593
1,000
1,000
1,000
1,000
1,000
1 ,000
consecutive total
sulfur feed inputs stated in the preceding table, maximum allowable
emissions are shown on figure I of this Section III. For the
purpose* hereof, total sulfur input shall be calculated as the
aggregate sulfur content of all fuels and other feed materials
whose products of combustion and gaseous byproducts pass through
the stack or chimney.
il. When two or more furnaces, sinter machine, sinter boxes,
roasters, converters or other similar devices for converting
copper, zinc or lead ores, concentrates, residues or slag to
the metal or the oxide of the metal either wholly or in part
are connected to a single stack, the combined sulfur input of
all units connected to the stack shall be used to determine the
allowable emission from the stack.
2. When a single furnace, sinter machine, sinter box, roaster, con-
verter or other similar device for converting copper, zinc, or
lead ores, concentrates, residues or slag to the metal or the
'oxide of the metal either wholly or in part is connected to two
-25-
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or more stacks, the allowable emission from all the stacks com-
bined shall not exceed that allowable from the same unit con-
nected to a single stack.
The effective date of this Section III for existing operations shall be June
30, 1973. For new operations, the effective date shall be June 30, 1970.
-26-
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7
6
5
4
ir
8
7
6
5
4
103
7
6
5
4
3
2
FIGURE I
MAXIMUM ALLOWABLE EMISSION OF REDUCED SULFUR
FROM PRIMARY NON-FERROUS SMELTERS
AND SLAG TREATMENT PLANTS
Emission Standard Equation
Cu: Y * O.lx
Zn: Y = 0.282x°-85
Y = 0.49x°-77
Pb:
Where:
Y = Allowable sulfur emission in pounds per hour
X = Total sulfur in the feed in pounds per hour
Slag Treatment & LEAD
103 2 3456 78910^ 234 567 89 105
TOTAL FEED SULFUR, Ib/hr
-27-
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Regulation 90-008
(51.14) . KRAFT PULP MILLS
IV. Maximum allowable emission of total reduced sulfur (TRS) from Kraft
pulping mills.
A. No person or persons shall cause, suffer, allow or permit to be
discharged into the outdoor atmosphere from any Kraft pulping mill
total reduced sulfur in excess of .087 pounds per 1000 pounds of
bUck liquor from each recovery furnace stack or seventeen and one-
half (17JJ) ppm, expressed as hydrogen sulfide on a dry gas basis,
whichever is more restrictive or such other limit of TRS that proves
to be reasonably attainable utilizing the latest in design of re-
covery furnace equipment, controls and procedures but not more than
0.087 pounds of TRS per 1000 pounds of black liquor.
B. Non-condensibles from digesters and multiple-effect evaporators
shall be treated to reduce the emission of TRS equal to the re-
duction achieved by thermal oxidation in a lime kiln.
C. Monitoring and Reporting
1. Every Kraft mill in the state shall install equipment for the
continual monitoring of TRS.
2. The monitoring equipment shall be capable of determining com-
pliance with these standards and shall be capable of continual
sampling and recording of the concentrations of TRS contaminants
during a time interval not greater than thirty minutes.
3. The sources monitored shall include, but are not limited to, the
recovery furnace stacks and the lime kiln stacks.
4. Each mill shall sample the recovery furnace, lime kiln, and
smelt tank for particulate emissions on a regularly scheduled
basis in accordance with its approved sampling program.
5. Each mill shall submit within sixty days after the effective
date of this regulation a detailed monitoring program and time
schedule for approval by the director. The equipment shall be
ordered within thirty days after the monitoring program has been
approved in writing by the director. The equipment shall be
placed in effective operation in accordance with approved program
within sixty days after delivery.
6. Unless otherwise authorized by the director, data shall be re-
ported by each mill at the end of each calendar month, as follows:
(a) Daily average emission of TRS gases expressed in pounds of
sulfur per 1000 pounds of black liquor fired for each source
included in the approved monitoring program.
-28-
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(b) The number of hours each day that the emission of TRS
gases from each recovery furnace stack exceeds 17^ ppm
dry and the maximum concentration of TRS measured each
day.
(c) Emission of TRS gases in pounds of sulfur per 1000
pounds of black liquor fired in the kraft recovery
furnace on a monthly basis and pounds of sulfur per
hour for the other sources included in the approved
monitoring program. Emission of particulates in pounds
per hour based upon a sampling conducted in accordance
with the approved monitoring program.
(d) Average daily Kraft pulp production in air-dried tons
and average daily black liquor burning rate.
(e) Other emission data as specified in the approved mon-
itoring program.
7. Each kraft mill shall furnish, upon request of the director, such
other pertinent data as may be required to evaluate the mill's
emission control program. Each mill shall immediately report
abnormal mill operations which result in increased emissions of
air contaminants, following procedures set forth in the approved
monitoring program.
D. All emission standards in this Section IV shall be based on average
daily emissions. The limitations herein shall not preclude a require-
ment to install the highest and best practicable treatment and control
available. New mills or mills expanding existing facilities may be
required to meet more restrictive emission limits.
E. Definitions
1. For purposes of this Section IV, the following definitions shall
apply:
'(a) "Continual monitoring" means sampling and analysis, in a
continuous or times sequence, using techniques which will
adequately reflect actual emission levels or concentrations
on a continuous basis.
(b) "Kraft mill" or "mill" means any pulping process which uses,
for cooking liquor, an alkaline sulfide solution contain-
ing sodium sulfide.
(c) "Non-condensibles" means gases and vapors from the digestion
, and evaporation processes of a mill that are not condensed
with the equipment used in those processes.
(d) "ppm" (parts per million" means parts of a contaminant per
million parts of gas by volume.
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(e) "Recovery furnace stack" means the stack from which the
products of combustion from the recovery furnace are
emitted to the ambient air.
(f) "Total reduced sulfur, (TRS)" means hydrogen sulfide,
mercaptans, dimethyl sulfide, dimethyl d1sulfide, and
any other organic sulfides present.
F. The effective date of this Section IV of this regulation 90-008
shall be November 30, 1972 for existing mills and June 30, 1970 for
new mills.
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Regulation 90-009
(50.6) CONTROL OF ODORS IN THE AMBIENT AIR
A. No person shall cause, suffer, or allow any emissions of gases, vapors,
odors beyond thre property line in such manner as to create public nuisance.
B. The Board may institute legal proceedings for the abatement of such public
nuisance.
C. Odor Control Equipment
1. A person operating or using any machine, device, equipment, or other
contrivance which discharges into the outdoor air any odorous matter
or, vapors, gases, dusts, or any combination thereof which create
odors, shall provide, properly install, and maintain in good working
order and in operation such devices as may be specified by the
Director,
2. No person shall operate or use any such machine, device, equipment,
or contrivance in such manner as to create a public nuisance.
D. Other Odor Control Measures
1. Odor producing materials shall be so stored and handled that odors
produced thereby do not create a public nuisance. No person shall
accumulate such quantities of such materials as to permit spillage
or other escape.
t
2. Odor bearing gases, vapors, fumes, or dusts arising from materials
in process shall be so confined at the point of origin as to prevent
liberating of odorous matter. Confined gases, vapors, fumes, or dusts
shall be treated before discharge to the atmosphere as required in
subsection C.
E. Enclosure of Buildings
Whenever dust, fumes, gases, mist, odorous matter, vapors, or any com-
bination thereof'so escape as to cause a public nuisance, the Director
may order that a building or buildings in which processing, handling,
and storage av*e done be tightly closed and ventilated in such a way
that all air and gases and air or gas-borne material leaving the build-
ing are treated by incineration or other effective means for removal or
destruction of odorous matter or other contaminants before discharge into
the open air.
i
F. Excepti ons
The provisions of this regulation shall not apply to any device, machine,
equipment, or other contrivance used exclusively for the processing of
food for •human consumption in food service establishments.
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G. Odor Control Equipment Required in Reduction Processes
1. No person shall operate or use any device, machine, equipment or other
contrivance for the reduction of animal matter unless all gases, vapors,
and gas-entrained effluents from such facility are incinerated at a
temperature of not less than 1200 -Fahrenheit for a period of not less
than 0.3 seconds or processed in such manner as determined by the
Director to be equally or more effective for the purpose of air pol-
lution control.
2. A person incinerating or processing gases, vapors or gas-entrained
effluents pursuant to this rule shall provide, properly install and
maintain, in good working order and in operation, devices as speci-
fied by the Director for indicating temperature, pressure* or other
operating conditions.
H. The effective date of this regulation shall be March 1, 1969.
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Regulation 90-010
Revised January 9, 1970
(51.13) OPEN BURNING RESTRICTIONS
A. Refuse Burning Restrictions
No person shall cause, suffer, allow or permit an open fire except under
the following conditions:
1. When such fire is set or permission for such fire is given in the
performance of the official duty of a public officer, and in the
opinion of the control officer is necessary:
a. for the purpose of the elimination of a fire hazard which
cannot be abated by any other means.
b. for instruction in methods of fighting fires.
c. for the purpose of removing any hazardous material.
2. When such fire is set in the course of an essential agricultural
operation in the growing of crops or in the course of accepted
forestry practices provided no public nuisance is created and
provided a permit has been secured from the control officer.
3. When fires are set for the clearing of lands for new roads under
conditions stipulated in writing by the control officer and after
having applied for and received a permit for such open fire from
the control officer.
4. When salamanders or other devices are used for heating by construc-
tion or other workers provided no public nuisance is created and
provided no tires, oily rags or other materials producing dense
smoke are burned.
5. When burning materials originating on the premises by individuals
residing on the premises, excluding commercial establishments,
where no provision is available by private hauler providing a
public service or by a tax supported service for the collection of
material being burned and no public nuisance is created, but not
including chicken litter, animal droppings, garbage, dead animals,
tires, waste oil, tar paper and similar materials creating dense
smoke when burned and after having applied for and received a
permit from the control officer.
6. When fires are used for outdoor cooking or other recreational pur-
poses and no public nuisance is created.
B. Salvage Operations by Open Fires
No person shall cause, suffer, allow or permit an open fire for the
purpose of conducting a salvage operation after July 1, 1969.
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1. Until July 1, 1969, fires may be set for preparing salvage material
for the scrap market under the following conditions:
a. Authority is granted by the control officer,
b. No automobile tires shall be burned.
c. Burning shall be done between the hours of 12 noon and 5:00 p.m.
d. Burning shall be conducted only if it shall not constitute a
public nuisance.
C. Restrictions on Open Burning of Trade Hastes
1. No person shall cause or permit the disposal of trade wastes by open
burning, except as provided in subsection C (2) of this regulation.
2. The open burning of trade wastes may be permitted when it can be
shown by a person that such open burning is absolutely necessary
and in the public interest. Any person intending to engage in open
burning of trade wastes shall file a request to do so with the
control officer.
The application shall state the following:
a. The name, address, and telephone number of the person submitting
the application.
b. The type of business or activity involved..
c. A description of the proposed equipment and operating practices,
the type, quantity, and composition of trade wastes to be burned,
and the expected composition and amount of air contaminants to be
released to the atmosphere.
d. The schedule of burning operations.
e. The exact location where open burning will be used to dispose of
trade wastes.
i
f. Reasons why no method other than open burning can be used for
disposal of trade wastes.
g. Evidence that the proposed open burning has been approved by any
fire department or other fire control officer which may have
jurisdiction.
D. Effective Date
The effective date of this regulation shall be November 23, 1968.
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Regulation 90-011
(7.0) MALFUNCTION OF AN INSTALLATION
A. Requirements 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 8 hours,
the person shall notify the Director or the Department by telephone. On
receipt of this notification, the Director or the Department may permit
the continuance of the operation for a period not to exceed 10 days
provided that written application is made to the Director or the Depart-
ment. Such application shall be made within 24 hours of the malfunction
or within such other time period as the Director or Department may specify.
In cases of major equipment failure, additional time period may be granted
by the Director provided a corrective program has been submitted by the
person and approved by the Director.
B. The effective date of this regulation shall be November 23, 1968.
Regulation 90-012
(2.0) CIRCUMVENTION
Control Equipment
A. No person shall cause or permit the installation or use of any device of
any means which, without resulting in reduction in the total amount of
air contaminant emitted, conceals or dilutes an emission of air contami-
nant which would otherwise violate an air pollution control regulation.
B. No equipment that may produce emissions shall be operated or maintained
in such a manner that a public nuisance is created.
C. The effective date of this regulation shall be November 23, 1968.
Regulation 90-013
(1?.0) CONTROL OF AIR POLLUTION IN MOTOR VEHICLES
r <
A. Removal of Control Devices
No person shall intentionally remove, alter or otherwise render inopera-
tive exhaust emission control, crankcase ventilation or any other air
pollution control device which has been installed as a requirement of
Federal law or regulation.
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B. Operation .of Motor Vehicles
No person shall operate a motor vehicle originally equipped with air pol
lution control devices as required by Federal law or regulation unless
such devices are in place and in operating condition.
C. The effective date of this regulation shall be November 23, 1968.
Regulation 90-014
(51.20) PREVENTION, ABATEMENT, AND CONTROL OF AIR POLLUTION
FROM WOOD-WASTE BURNERS
A. Wood-Waste Burner Construction Prohibited Without Prior Approval
Construction, reconstruction, or substantial alteration of wood-waste
burners is prohibited after the effective date of this regulation unless
plans and specifications have been submitted to, and approved by, the
Director.
B. Emission Standards for Wood-Waste Burners Constructed. Reconstructed, or
Substantially Altered after the Effective Date of this Regulation
1. There shall not be discharged into the atmosphere from any wood-waste
burner any air contaminant for a period or periods aggregating more
than four minutes in any one hour which is
a. darker in shade than that designated as No. 1 of the Ringelmann
Chart, or
b. of such opacity as to obscure an observer's view to a degree
greater than that described in subsection a. of this section.
2. Partieulate matter shall not be discharged from a wood-waste burner
in excess of 0.2 grains per standard cubic foot corrected to 12% C02
for existing installations or in excess of 0.1 grains per standard
cubic foot corrected to 12% C02 for new installations.
C. Existing wood-waste burners shall comply with emission standards of this
regulation within 18 months from the effective date of this regulation.
All new wood-waste burners shall comply with the emission standards set
forth in Section B of this regulation.
D. Existing wood-waste burners shall comply within 18 months from the effec-
tive date of this regulation and new wood-waste burners with the following:
1. A thermocouple and recording pyrometer or other approved temperature
measurement and recording devices shall be installed and maintained.
The thermocouple shall be installed on the burner at a location six
inches above and near the center of the horizontal screen or at
another approved location.
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2. A daily wrttten log of the wood-waste burner operation shall be
maintained to determine optimum patterns of operation for various
fuel and atmospheric conditions. The log shall include, but not
be limited to, the time of day, draft settings, exit gas temperature,
type of fuel, and atmospheric conditions. The log or a copy shall
be submitted to the Director within ten days upon request.
3. Rubber products, asphaltic materials, or materials which cause dense
smoke discharge shall not be burned or disposed of in wood-waste
burners.
E. Operation and Maintenance
The owners or operators of all wood-waste burners shall submit the names
of operating and maintenance personnel and specify their duties regarding
burner operations and control and any other duties not associated with
burner operation control. It must be shown that there is adequate respon-
sibility delegated for proper burner operation, control, maintenance.
The owner is responsible for having an operator trained and competent in
the operation of the wood-waste burner in charge of the wood-waste burner.
F. Wood-Waste Burner Use Restricted
No person shall use a wood-waste burner for the burning of other than
production process wood waste transported to the burner by continuous
flow conveying methods.
G. New Wood-Waste Burner Definition
1. Any wood-waste burner constructed or installed after the effective
date of this regulation;
2. Any wood-waste burner replaced or altered after the effective date
of, this regulation as to have any effect on the production or control
of air contaminants;
3. Any wood-waste burner moved after the effective date of this regula-
tion to another premise involving a change of address;
4. Any wood-waste burner purchased or otherwise acquired and to be
operated after the effective date of this regulation by a new owner
or when a new lessee desire to operate such burner.
H. Exceptions
I
For building of fires in wood-waste burners, the darkness or opacity
provision and the particulate provisions under Section B of this regulation
may be exceeded for not more than 60 minutes in 8 hours.
I. Effective Date
The effective date of this regulation shall be November 23, 1968, except
as otherwise herein provided.
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STATE OF MONTANA
STATE BOARD OF HEALTH
(4.0) Regulation 90-015
AMBIENT AIR QUALITY STANDARDS
Adopted May 27, 1967
Montana State Board of Health
Helena, Montana
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(4.0)
MONTANA AMBIENT AIR QUALITY STANDARDS
I. Introduction
In accordance with Section 6, Subsection 12 of the Clean Air Act of
Montana (Hoqse Bill 8 - 1967), on May 27, 1967 the Montana State Board
of Health adopted the Ambient Air Quality Standards shown below.
II. Criteria
Until additional pertinent information becomes available with respect
to the effects of the substances listed below, the following air quality
criteria shaH apply in Montana.
Pollutants
Standards
(Maximum permissible concentrations)
Sulfur dioxide9
0.02 ppm, maximum annual average
0.10 ppm, 24-hour average, not be exceed-
ed over 1 percent of the days in any
3-month period
0.25 ppm not to be exceeded for more than
one hour in any 4 consecutive days
Reactive sulfur (sulfation)b
0.25 milligram sulfur trioxide per 100
square centimeters per day, maximum
annual average
0.50 milligram sulfur trioxide per 100
square centimeters per day, maximum
for any 1-month period
Suspended sulfatec
4 micrograms per cubic meter of air,
maximum allowable annual average
12 micrograms per cubic meter of air,
not to be exceeded over 1 percent
of the time
Sulfuric acid mistd
4 micrograms per cubic meter of air,
maximum allowable annual average
12 micrograms per cubic meter of air,
not to be exceeded over 1 percent
of the time
30 micrograms per cubic meter of air,
hourly average, not to be exceeded
over 1 percent of the time
Hydrogen sulfide6
0.03 ppm, 1/2-hour average, not to be
exceeded more than twice in any 5
consecutive days
0.05 ppm, 1/2-hour average, not to be
exceeded over twice a year
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Pollutants
Standards
(Maximum permissible concentrations)
Total Suspended Particulatef
75 micrograms per cubic meter of air,
annual geometric mean
200 micrograms per cubic meter of air,
not to be exceeded more than 1 per-
cent of days a day
Settled paniculate
(Dustfall)
-------
The ambient air quality standards listed describe a level of air quality
designed to protect people from the adverse effects of air pollution;
and they are intended further to promote maximum comfort and enjoyment
in use of property consistent with economic and social well-being of the
community.
Ambient air quality standards are used as a tool in achieving cleaner air,
not as a license to permit unnecessary degradation of air quality which
would thwart attainment of the long-range goal to maintain a reasonable
degree of air purity.
These standards are not intended to represent the ultimate in air quality
achievement. It is anticipated that research and development will gra-
dually make possible cleaner air at lower cost. As evidence accumulates
on deleterious effect of the contaminant, present objectives will be
revised or additional standards established. The standards are designed
to protect the health, welfare and comfort of the public and to minimize
economic losses.
Because some pollutants combine chemically to form more harmful materials
than the original emissions, ascribing a single effect to a single pollu-
tant would be 6m erroneous over-simplification. The standards, therefore,
apply to air containing a variety of pollutants. Although reaching the
goals will result in benefits, no allowance for the time needed to achieve
them was considered in their selection. They are intended to apply to
areas where people live or where an adverse effect may occur.
The Board, in adopting these standards, intends them to goals and guide-
lines and so interprets the legislative intent of the word "standards"
in Section 6(12) of the Clean Air Act of Montana.
III. Sampling and Analytical Procedures
The sampling and analytical procedures employed to measure ambient levels
of contaminants are to be consistent with obtaining accurate results
which are representative of the conditions being evaluated. The sampling
and analytical techniques enumerated may be used directly or employed as
reference standards against which other methods may be calibrated.
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Regulation 90-016
(9.0) REQUIRING TESTING OR TESTING FACILITIES
I. Testing
A. Any person or persons responsible for the emission of air contami-
nants into outdoor atmosphere shall upon written request of the
director provide the facilities and necessary equipment including
instruments and sensing devices and shall conduct tests using
methods approved by the director. Such tests shall include but
not be limited to, a determination of the nature, extent, quantity
and degree of, air contaminants which are or may be emitted as a
result of such operation at all sampling points designated by the
director and the date shall be recorded in a permanent log at
least once each hour, if applicable. These data shall be main-
tained for a period of not less than one year and shall be avail-
able for review by the Department. Such testing and sampling
facilities may be either permanent or temporary at the discretion
of the person responsible for their provision, and shall conform
to all applicable laws and regulations concerning safe construc-
tion or safe practice.
B. The effective date of this regulation shall be June 30, 1970.
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Proposed for Hearing in May 1970
Regulation 90-017
(50.7) RESTRICTING THE EMISSION OF FLUORIDES
*
I. PROCESS EMISSION
A. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any phosphate rock or phosphorite
processing equipment or equipment used in the production of elemental
phosphorus, enriched phosphates, phosphoric acid, defluorinated
phosphates, phosphate fertilizers or phosphate concentrates or any
equipment used in the processing of fluorides enriched waste water
fluorides in a gaseous or particulate form or any combination of
gaseous or particulate forms in excess of 0.3 pounds per ton of
P20s (phosphorous pentoxide) introduced into the process of any
calcining, nodulizing, defluorinating or acidulating process or
any combination of the foregoing, or any other process, except
aluminum reduction, capable of causing a release of fluorides in
the form or forms indicated in this subsection.
II. POND EMISSIONS
A. No person or persons shall cause, suffer, allow or permit to be
released into the outdoor atmosphere from any storage pond,
settling basin, ditch, liquid holding tank or other liquid holding
or conveying device from operations outlined in"Section I fluorides
in excess of 108 micrograms per square centimeter per 28 days
(ug/cm^/28 days) using the calcium formate paper method. Papers
shall be exposed in a standard Montana Box located not less than
18 inches or more than 48 inches above the level of the liquid in
the devices herein enumerated and not more than 16 inches laterally
from the liquids edge. Other locations may be permitted if approved
by the director.
B. Not less than four (4) such sampling stations shall be placed at
locations designated by the director. Two (2) or more calcium
formate papers, as designated by the director, shall be exposed in
the standard Montana Box for a period designated by the director.
Regardless of the duration of the sampling period, the values deter-
mined shall be corrected to 28 days.
i
C. A minimum of two (2) calcium formate papers for each sample period
from each sample box shall be provided the director if requested
and within ten (10) days from the date of the request.
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III. PREPARATION, EXPOSURE AND ANALYSIS
A. Preparation of calcium formate papers.
1. Soak Whatman #2, 11 cm. filter papers in a 10% solution of
calcium formate for five (5) minutes.
2. Dry in a forced air oven at 80°C. Remove immediately when
dryness is reached.
B. Exposure of calcium formate papers.
1. Two papers, or more, if directed, are suspended in a standard
Montana Box on separate hangers at least two (2) inches apart.
2. Exposure shall be for 28 days i 3 days unless otherwise
indicated by the director.
3. Calcium formate papers shall be kept in an air tight container
both before and after exposure until the time of analysis.
C. Analysis of calcium formate papers is adapted from Standard Methods
for the Examination of Water and Waste Water; using Willard-Winter
perchloric acid distillations and Spadns-Zirconium Lake method for
fluoride determination.
IV. EFFECTIVE DATES
The effective -date of this regulation 90-017 shall be June 30, 1970
for new equipment and June 30, 1971 for existing equipment.
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Regulation 90-018
(51.'6) STORAGE OF PETROLEUM PRODUCTS
I. STORAGE
A. A person shall not place, store or hold in any stationary tank,
reservoir or other container of more than 65,000 gallons capacity
any gasoline or any petroleum distillate having a vapor pressure
of 2.5 pounds per square inch absolute or greater under actual
storage conditions, unless such tank, reservoir or other container
is a pressure tank maintaining working pressures sufficient at all
times to prevent hydrocarbon vapor or gas loss to the atmosphere,
or is designed and equipped with one of the following vapor loss
control devices, properly installed, in good working order and in
operation:
1. A floating roof, consisting of a pontoon type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals to close space between
the roof edge and tank wall. The control equipment provided
for in this paragraph shall not be used if the gasoline or
petroleum distillate has a vapor pressure of 13.0 pounds per
square inch absolute or greater under actual storage conditions.
All tank gauging and sampling devices shall be gas-tight except
when gauging or sampling is taking place.
2. A vapor recovery system, consisting of a vapor gathering sys-
tem capable of collecting the hydrocarbon vapors and gases
discharged and a vapor disposal system capable of processing
such hydrocarbon vapors and gases so as to prevent their emis-
sion to the atmosphere and with all tank gauging and sampling
devices gas-tight except when gauging or sampling is taking
place.
3. Other equipment of equal efficiency, provided such equipment
is submitted to and approved by the Director.
II. OIL-EFFLUENT WATER SEPARATOR
t
A. A person shall not use any compartment of any single or multiple
compartment of oil-effluent water separator which compartment
receives effluent water containing 200 gallons a day or more of any
petroleum products from any equipment processing, refining, treat-
ing, 'storing, or handling kerosene or other petroleum product of
equal or greater volatility than kerosene, unless such compartment
is equipped with one of the following vapor loss control devices,
constructed so as to prevent any emission of hydrocarbon vapors
to the atmosphere, properly installed, in good working order, and
in operation:
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1. A solid cover with all openings sealed and totally enclosing
the liquid contents. All gauging and sampling devices shall
be gas-tight except when gauging or sampling is taking place.
2. A floating roof, consisting of a pontoon type or double-deck
type roof, resting on the surface of the liquid contents and
equipped with a closure seal, or seals* to close the space
between the roof edge and container wall. All gauging and
sampling devices shall be gas-tight except when gauging or
sampling is taking place.
3. A vapor recovery system, consisting of a vapor gathering
system capable of collecting the hydrocarbon vapors and gases
discharged and a vapor disposal system capable of processing
such hydrocarbon vapors and gases so as to prevent their
emission to the atmosphere and with all tank gauging and
sampling devices gas-tight except when gauging or sampling
is taking place.
4. Other equipment of equal efficiency provided such equipment
is.submitted to and approved by the Director.
This rule shall not apply to any oil-effluent water separator
used exclusively in conjunction with the production of crude
oil.
For the purpose of this rule, "kerosene" is defined as any
petroleum product which, when distilled by ASTM standard test
Method D 86-56, will give a temperature of 401°F or less at
the 10 percent point recovered.
III. GASOLINE LOADING INTO TANKS
A. A person shall not after June 30, 1971 load or permit the loading
of gasoline into any stationary tank with a capacity of 250 gallons
or more from any tank trucks or trailer, except through a permanent
submerged fill pipe, unless such tank is equipped with a vapor loss
control device as described in Section I of this regulation, or is
a pressure tank as described in Section I of this regulation.
The provisions of the first paragraph of this rule shall not apply
to the loading of gasoline into any tank having a capacity of
2,000 gallons or less, which was installed prior to the date of
adoption of this rule nor to any underground tank installed prior
to the date of adoption of this rule where the fill line between
the fill connection and tank is offset. Any person operating or
using any gasoline tank with a capacity of 250 gallons or more
installed prior to the date of adoption of this regulation shall
apply for a permit to operate such tank before June 30, 1972.
A person shall not install any gasoline tank with a capacity of
250 gallons or more unless such tank is equipped as described in
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the first paragraph of this Subsection A.
For the purpose of this regulation the term "gasoline" is defined
as any petroleum distillate having a Reid vapor pressure of 4
pounds or greater.
For the purpose of this regulation the term "submerged fill pipe"
is defined as any fill pipe the discharge opening of which 1s
entirely submerged when the liquid level is 6 inches above the
bottom of the tank. "Submerged fill pipe" when applied to a tank
which is loaded from the side is defined as any fill pipe the
discharge opening of which is entirely submerged when the liquid
level is 18 inches above the bottom of the tank.
The provisions of this regulation do not apply to any stationary
tank which is used primarily for the fueling of implements of
husbandry.
IV. EFFECTIVE DATES
The effective date of this regulation (90-018) shall be June 30, 1970
for new operations and June 30, 1972 for existing operations.
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Regulation 90-019
(51.17) MAXIMUM ALLOWABLE EMISSION OF FLUORIDES FROM
PRIMARY ALUMINUM REDUCTION PLANTS* ALUMINUM
SMELTERS OR ALUMINUM MANUFACTURING PLANTS
I. EMISSIONS RESTRICTED
A. No person shall cause, suffer, allow or permit to be discharged
into the outdoor atmosphere from any primary aluminum reduction
plant, aluminum smelter or aluminum manufacturing plant either
in a gaseous or particulate form or any combination of gaseous
or particulate forms fluorides in excess of 0.060 pounds per hour
per reduction cell commonly called a "pot."
B. For operations producing aluminum at an annual rate of more than
200,000 tons, the combined emission of fluorides into the outdoor
atmosphere from all pots regardless of the number shall not exceed
40.0 pounds per hour.
C. The total of all particulate matter including particulate fluoride
emitted from all of the pot rooms combined shall not exceed that
allowed under regulation 90-004 (Restriction of Particulate Matter
for Industrial Processes), or regulation 90-007 (Restriction of
Emission of Visible Air Contaminants) formulated under the Clean
Air Act of Montana.
D. Definitions:
1, Reduction cell or "pot" : a shallow carbon-lined steel vessel
(cathode) containing molten cryolite and aluminum into which
is suspended a carbon anode.
2.' Pot room: a large building or room which houses up to several
hundred pots or reduction cells.
3. Plant: primary aluminum reduction plant, aluminum smelter or
aluminum manufacturing plant.
II. SAMPLING AND MONITORING
A. Unless the gaseous portion of the fluorides emitted at any fluorides
emission point is more than 50% of the total fluorides emitted, the
results of sampling may be reported on a total fluoride basis. Sam-
pi ing1 under such circumstances may be done without differentiation
between gaseous and particulate phases of the emissions but all
emitted fluorides must be collected as completely as possible.
B. Each existing plant to which this regulation 90-019 applies shall
submit to the director, at least 90 days before the effective date
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of this regulation, a detailed monitoring program including, but
not limited to, the following:
1. A description of monitoring equipment and procedures capable
of determining compliance with this regulation 90-019.
2. A description of the sources to be monitored which shall
include the stack of any fluoride scrubber or any fluoride
or particulate emission control device or emission point at
the pots or pot rooms.
(a) Unless otherwise authorized by the director, data for
each calendar month shall be reported by each plant not
later than fifteen (15) days after the end of each
calendar month.
(b) The data submitted must include the average daily
emission of fluorides, as total fluorides, expressed
in pounds per hour per operating pot. A pot must
operate 75% of the time during the reporting period to
qualify as an operating pot.
(c) The number of pots operating during the reporting period
must be reported.
3. Within thirty (30) days after approval of the detailed monitor*-
ing program by the director, the approved equipment shall be
ordered by the plant. Within thirty (30) days after receipt
of the approved equipment from the vendor the equipment shall
be installed and operating. Reporting of the results shall
begin as provided for in Section II of this regulation 90-019
at the end of the calendar month in which the monitoring equip-
is installed and each month thereafter as indicated.
C. Each plant shall furnish, upon request of the director, such other
pertinent data as may be required to evaluate the plant's emission
control program.
D. The "effective date of this regulation 90-019 shall be June 30, 1970
for new.plants and June 30, 1973 for existing plants.
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FEDERALLY PROMULGATED
REGULATIONS
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(10.0) 52.1374 Review of New or Modified Indirect Sources
(b) Regulation for Review of New or Modified Indirect Sources
(1) All terms used in this paragraph but not specifically defined
below shall have the meaning given them in 52.01 of this chapter.
(i) The term "indirect source" means a facility, building,
structure, or installation which attracts or may attract
mobile source activity that results in emissions of a
pollutant for which there is a national standard. Such
indirect sources include, but are not limited to:
(a) Highways and roads.
(b) Parking facilities.
(c) Retail, commercial and industrial facilities.
(d) Recreation, amusement, sports and entertainment
facilities.
(e) Airports.
(f) Office and Government buildings.
(g) Apartment and condominium buildings.
(h) Education facilities.
(ii) The term "Administrator" means the Administrator of the
Environmental Protection Agency or his designated agent.
(iii) The term "associated parking area" means a parking facil-
ity or facilities owned and/or operated in conjunction
with an indirect source.
(iv) The term "aircraft operation" means an aircraft take-off
or landing.
(v) The phrase "to commence construction" means to engage in
a continuous program of on-site construction including
site clearance, grading, dredging, or land filling specif-
ically designed for an indirect source in preparation for
the fabrication, erection, or installation of the build-
ing components of the indirect source. For the purpose
of this paragraph, interruptions resulting from acts of
God, strikes, litigation, or other matters beyond the
control of the owner 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 tha 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 1n
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.
(i1i) 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 airport within the first five and the
first ten years after the date of expected comple-
tion.
(c) Expected passenger loadings at the airport.
(d) The information required under subdivisions (i) (a)
through (i) of this subparagraph.
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(iii) For highway projects:
(a) A description of the average and maximum traffic
volumes for one, eight, and 24-hour time periods
expected within 10 years of date of expected comple-
tion.
(b) An estimate of vehicle speeds for average and maxi-
mum traffic volume conditions and the vehicle capac-
ity of the highway project.
(c) A map showing the location of the highway project,
including the location of buildings along the right-
of-way .
(d) A description of the general features of the high-
way project and associated right-of-way, including
the approximate height of buildings adjacent to the
highway.
(e) Any additional information or documentation that the
Administrator deems necessary to determine the air
quality impact of the indirect source, including the
submission of measured air quality data at the pro-
posed site prior to construction or modification.
(iv) For indirect sources other than airports and those high-
way projects subject to the provisions of paragraph (b)
(6) (iii) of this section, the air quality monitoring re-
quirements of paragraph (b) (3) (i) (i) of this section
shall be limited to carbon monoxide, and shall be con-
ducted for a period of not more than 14 days.
(4) (i) For indirect sources other than highway projects and air-
ports, the Administrator shall not approve an application
to construct or modify if he determines that the indirect
source will:
(a) Cause a violation of the control strategy of any
applicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The Administrator shall make the determination pursuant
to paragraph (b) (4) (i) (b) of this section by evaluat-
ing the anticipated concentration of carbon monoxide at
reasonable receptor or exposure sites which will be af-
fected by the mobile source activity expected to be at-
tracted by the indirect source. Such determination may
be made by using traffic flow characteristic guidelines
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published by the Environmental Protection Agency which
relate traffic demand and capacity considerations to am-
bient carbon monoxide impact, by use of appropriate at-
mospheric diffusion models (examples of which are refer-
enced in Appendix 0 to Part 51 of this chapter), and/or
by any other reliable analytic method. The applicant
may (but need not) submit with his application, the re-
sults of an appropriate diffusion model and/or any other
reliable analytic method, along with the technical data
and information supporting such results. Any such results
and supporting data submitted by the applicant shall be
considered by the Administrator in making his determina-
tion pursuant to paragraph (b) (4) (i) (b) of this sec-
tion.
(5) (i) For airports subject to this paragraph, the Administrator
shall base his decision on the approval or disapproval of
an application on the considerations to be published as
an Appendix to this Part.
(ii) For highway projects and parking facilities specified
under paragraph (b) (2) of this section which are assoc-
iated with airports, the requirements and procedures
specified in paragraphs (b) (4) and (6) (i) and (ii) of
this section shall be met.
(6) (i) For all highway projects subject to this paragraph, the
Administrator shall not approve an application to con-
struct or modify if he determines that the indirect source
will:
(a) Cause a violation of the control strategy of any ap-
plicable state implementation plan; or
(b) Cause or exacerbate a violation of the national stan-
dards for carbon monoxide in any region or portion
thereof.
(ii) The determination pursuant to paragraph (b) (6) (i) (b)
of this section shall be made by evaluating the anticipa-
ted concentration of carbon monoxide at reasonable re-
ceptor or exposure sites which will be affected by the
mobile source activity expected on the highway for the ten
year period following the expected date of completion ac-
cording to the procedures specified in paragraph (b) (4)
(ii) of this section.
(iii) For new highway projects subject to this paragraph with
an anticipated average daily traffic volume of 50,000 or
more vehicles within ten years of construction, or mod-
ifications to highway projects subject to this paragraph
which will increase average daily traffic volume by 25,000
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or more vehicles within ten years after modification, the
Administrator's decision on the approval or disapproval
of an application shall be based on the considerations to
be published as an Appendix to this Part in addition to
the requirements of paragraph (b) (6) (i) of this section.
(7) The determination of the air quality impact of a proposed indi-
rect source "at reasonable receptor or exposure sites", shall mean
such locations where people might reasonably be exposed for time
periods consistent with the national ambient air quality standards
for tha pollutants specified for analysis pursuant to this para-
graph.
(8) (i) Within 20 days after receipt of an application or addition
thereto, the Administrator shall advise the owner or opera-
tor of any deficiency in the information submitted in sup-
port of the application. In the event of such a defi-
ciency, the date of receipt of the application for the
purpose of paragraph (b) (8) (ii) of this section shall
be the date on which all required information is received
by the Administrator.
(ii) Within 30 days after receipt of a complete application,
the Administrator shall:
(a) Make a preliminary determination whether the indirect
source should be approved, approved with conditions
in accordance with paragraphs (b) (9) or (10) of this
section, or disapproved.
(b) Make available in at least one location in each re-
gion in which the proposed indirect source would be
constructed, a copy of all materials submitted by the
owner or operator, a copy of the Administrator's
preliminary determination, and a copy or summary of
other materials, if any, considered by the Adminis-
trator in making his preliminary determination; and
(c) Notify the public, by prominent advertisement in a
newspaper of general circulation in each region in
which the proposed indirect source would be con-
structed, of the opportunity for written public com-
ment on the information submitted by the owner or
operator and the Administrator's preliminary deter-
mination on the approvability of the indirect source.
(iii) A copy of the notice required pursuant to this suopara-
graph shall be sent to the applicant and to officials
and agencies having cognizance over the location where
the indirect source will be situated, as follows: State
and local air pollution control agencies, the chief exec-
utive of the city and county; any comprehensive regional
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land use planning agency; and for highways, any local
board or committee charged with responsibility for activ-
ities in the conduct of the urban transportation planning
process (3-C process) pursuant to 23 U.S.C. 134.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
sidered by the Administrator 1n 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.
(i"i) The Administrator may specify that any items of informa-
tion provided in an application for approval related to
the operation of an indirect source which may affect the
source's air quality impact shall be considered permit
conditions.
(10) Notwithstanding the provisions relating to modified indirect
sources contained in paragraph (b) (2) of this section, the Ad-
ministrator may condition any approval by reducing the extent to
which the indirect source may be further modified without resub-
mission for approval under this paragraph.
(11) Any owner or operator who fails to construct an indirect source
in accordance with the application as approved by the Administra-
tor; any owner or operator who fails to construct and operate an
indirect source in accordance with conditions imposed by the Ad-
ministrator under paragraph (b) (9) of this section; any owner
or operator who modifies an indirect source in violation of con-
ditions imposed by the Administrator under paragraph (b) (10) of
this section; or any owner or operator of an indirect source
subject to this paragraph who commences construction or modifi-
cation thereof after December 31, 1974, without applying for and
receiving approval hereunder, shall be subject to the penalties
specified under section 113 of the Act and shall be considered in
violation of an emission standard or limitation under section 304
of the Act. Subsequent modification to an approved indirect
source may be made without applying for permission pursuant to
this paragraph only where such modification would not violate any
condition imposed pursuant to paragraphs (b) (9) and (10) of this
section and would not be subject to the modification criteria set
forth in paragraph (b) (2) of this section.
(12) Approval to construct or modify shall become invalid if construc-
tion or modification is not commenced within 24 months after re-
ceipt of such approval. The Administrator may extend such time
peViod 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 cf 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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(14.0) 52.1378 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 after receipt of any such written request,
th.e Regional Administrator shall require the owner or
operator of any such source to submit information 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 other control measures that are part of the applicable
plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b) (1) 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 Administrator 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. Reporting 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 Adminis-
trator 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 limita-
tions 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.
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(17.0) 52.1382 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.
i
(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 DDD 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-
Vate 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 particullate
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 1n 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 to 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 ccnvey authority
to the States over Indian Reservations where States have
not assumed such authority under other laws nor is it
intended to deny jurisdiction which States have assumed
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under other laws. Where a State has not assumed juris-
diction over an Indian Reservation the appropriate In-
dian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or
Class III, provided that:
(a) The Indian Governing Body follows procedures equiv-
alent to those required of States under paragraph
(c) (3) (ii) and,
(b) Such redesignation is proposed after consultation
with the State(s) in which the Indian Reservation
is located or which border the Indian Reservation
and, for those lands held in trust, with the approv-
al of the Secretary of the Interior.
(vi) The Administrator shall approve, within 90 days, any re-
designation proposed pursuant to this subparagraph as
fol1ows:
(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 soli cited 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 in£o the applicable implementation plans for various States,
as provided in Subparts B through ODD of this part. Where this
paragraph is so incorporated, the requirements of this paragraph
apply to any new or modified stationary source of the type iden-
tified below which has not commenced construction or modification
prior to June 1, 1975 except as specifically provided below. A
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source which is modified, but does not increase the amount of
sulfur oxides or particulate matter emitted, or is modified to
utilize an alternative fuel, or higher sulfur content fuel, shall
not be subject to this paragraph.
(i) Fossil-Fuel Steam Electric Plants of more than 1000 mil-
lion B.T.U. per hour heat input.
(ii) Coal Cleaning Plants.
(iii) Kraft Pulp Mills.
(iv) Portland Cement Plants.
(v) Primary Zinc Smelters.
(vi) Iron and Steel Mills.
(vii) Prtmary Aluminum Ore Reduction Plants.
(viii) Priinary 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.
i
(xv) Sulfur Recovery Plants.
(xvi) Carbon Black Plants (furnace process).
(xvii) Primary Lead Smelters.
(xviii) Fuel Conversion Plants.
(xix) Ferroalloy production facilities commencing construction
, after October 5, 1975.
(2) No owner or operator shall commence construction or modification
of a source subject to this paragraph unless the Administrator de-
termines that, on the basis of information submitted pursuant to
subparagraph (3) of this paragraph:
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(i) The effect on air quality concentration of the source or
modified source, in conjunction with the effects of growth
and reduction in emissions after January 1, 1975, of other
sources in the area affected by the proposed source, will
not violate the air quality increments applicable in the
area where the source will be located nor the air quality
increments applicable in any other areas. The analysis of
emissions growth and reduction after January 1, 1975, of
other sources in the areas affected by the proposed source
shall include all new and modified sources granted approv-
al to construct pursuant to this paragraph; reduction in
emissions from existing sources which contributed to air
quality during all or part of 1974; and general commer-
cial, residential, industrial, and other sources of emis-
sions growth not exempted by paragraph (c) (2) (111) of
this section which has occurred since January 1, 1975.
(ii) The new or modified source will meet an emission limit,
to be specified by the Administrator as a condition to
approval, which represents that level of emission reduc-
tion which would be achieved by the application of best
available control technology, as defined in 52.01 (f),
for particulate matter and sulfur dioxide. If the Admin-
istrator determines that technological or economic limi-
tations on the application of measurement methodology to
a particular class of sources would make the imposition
of an emission standard infeasible, he may instead pre-
scribe a design or equipment standard requiring the appli-
cation of best available control technology. Such standard
shall to the degree possible set forth the emission re-
ductions achievable by implementation of such design or
equipment, and shall provide for compliance by means which
achieve equivalent results.
(iii) With respect to modified sources, the requirements of sub-
paragraph (2) (ii) of this paragraph shall be applicable
only to the facility or facilities from which emissions
are increased.
i
(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, dipxide 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-
ceBures conducted by the Federal Land Manager for admin-
istration and protection of the affected Federal Lands.
Where feasible, the Administrator will coordinate his
review and hearings with the Federal Land Manager to
avoid duplicate administrative procedures.
(ii) New or modified sources which are located on Indian
Reservations shall be subject to procedures set forth in
paragraphs (d) and (e) of this section. Such procedures
shall be administered by the Administrator in cooperation
with the Secretary of the Interior with respect to lands
over which the State has not assumed jurisdiction under
other laws.
(iii) Whenever any new or modified source is subject to action
by a Federal Agency which might necessitate preparation
of an environmental impact statement pursuant to the
National Environmental Policy Act (42 U.S.C. 4321), re-
view by the Administrator conducted pursuant to this
paragraph shall be coordinated with the broad environmen-
tal reviews under that Act, to the maximum extent feas-
ible and reasonable.
(5) Where an owner or operator has applied for permission to con-
struct or modify pursuant to this paragraph and the proposed
source would be located in an area which has been proposed for
redesignation to a more stringent class (or the State, Indian
Governing Body, or Federal Land Manager has announced such con-
sideration), approval shall not be granted until the Administra-
tor has acted on the proposed redesignation.
(e) Procedures for public participation
(1) (i) Within 20 days after receipt of an application to con-
struct, or any addition to such application, the Admin-
istrator shall advise the owner or operator of any de-
ficiency in the information submitted in support of the
application. In the event of such a deficiency, the date
of receipt of the application for the purpose of para-
graph (e) (1) (ii) of this section shall be the date on
whicn 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
1 (c) Notify the public, by prominent advertisement in
newspaper of general circulation 1n 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-
grapn shall be sent to the applicant and to officials and
agencies having cognizance over the locations where the
source will be situated as follows: State and local air
pollution control agencies, the chief executive of the
city and county; any comprehensive regional land use plan-
ning agency; and any State, Federal Land Manager or In-
dian Governing Body whose lands will be significantly af-
fected by the source's emissions.
(iv) Public comments submitted in writing within 30 days after
the date such information is made available shall be con-
.sidered by the Administrator in making his final decision
on the application. No later than 10 days after the
close of the public comment period, the applicant may sub-
mit, a written response to any comments submitted by the
public. The Administrator shall consider the applicant's
response in making his final decision. All comments shall
be made available for public inspection in at least one
(location in the region in which the source would be located.
(v) The Administrator shall take final action on an applica-
tion within 30 days after the close of the public comment
'period. The Administrator shall notify the applicant in
writing of his approval, conditional approval, or denial
of the application, and shall set forth his reasons for
conditional approval or denial. Such notification shall
be made available for public inspection in at least one
location in the region in which the source would be lo-
cated.
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(vi) The Administrator may extend each of the time periods
specified in paragraph (e) (1) (ii), (iv), or (v) of this
' section by no more than 30 days or such other period as
agreed to by the applicant and the Administrator.
(2) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as ap-
proved and conditioned by the Administrator, or any owner or op-
erator of a stationary source subject to this paragraph who com-
mences construction or modification after June 1, 1975, without
applying for and receiving approval hereunder, shall be subject
to enforcement action under section 113 of the Act.
(3) Approval to coastruct 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.
i
(2) Where the Administrator delegates the responsibility for imple-
menting the procedures for conducting source review pursuant to
this section?to any Agency, other than a regional office of the
Environmental Protection Agency, the following provisions shall
apply:
i
(i) Where the agency designated is not an air pollution con-
trol agency, such agency shall consult with the appropri-
ate State and local air pollution control agency prior to
making any determination required by paragraph (d) of
this section. Similarly, where the agency designated
does not have continuing responsibilities for managing
land use, such agency shall consult with th& 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 leaSfhg or other Federal agreements, the Federal land
Manager may at nis 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 Agegcy, 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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