U.S. DEPARTMENT OF COMMERCE
                                  National Technical Information Service

                                  PB-290 303
Air Pollution Regulations  in
State  Implementation  Plans
Virgin  Islands

Abcor Inc, Wilmington, MA  Walden Div
 Prepared for

 Environmental Protection Agency, Research Triangle Park, NC


 Aug 78

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United States
Environmental Protection
Agency
Office of Air Quality
Planning and Standards
Research Triangle Park NC 27711
EPA-450/3-78-104
August 1978
Air
Air Pollution  Regulations
in  State  Implementation
Plans:
Virgin Islands

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TECHNICAL REPORT DATA
(Pleat rttd Instructions on the reverse before completing)
1. REPORT NO.
EPA-450/3-78-104
2.
3. RECIPIENT'S ACCESSIOI*NO.
PB- ^o 3o3
4. TITLE AND SUBTITLE 5. REPORT DATE
"Air Pollution Regulations in State Implementation i August 1978
Plans: Virgin Islands
1 AUTHOR(S(

9. PERFORMING ORGANIZATION NAME AND ADDRESS
Wai den Division of Abcor, Inc.
Wilmington, Mass.
12. SPONSORING AGENCY NAME AND ADDRESS
Control Programs Development Division
Office of Air Quality Planning and Standar
Office of Air, Noise, and Radiation
Research Triangle Park, NC 27711
15. SUPPLEMENTARY NOTES
EPA Project Officer: Bob Schell , Control
6. PERFORMING ORGANIZATION CODE
8. PERFORMING ORGANIZATION REPORT NO.
10. PROGRAM ELEMENT NO.
11. CONf RACT/GRANT NO.
68-02-2890
13. TYPE OF REPORT AND PERIOD COVERED
£J5 14. SPONSORING AGENCY CODE
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 ,1 9/ff , have been incorporated. As mandated by Congress,
this document will be updated annually. State and/or local air quality regulations
which have not been Federally approved as of January 1, 1978, are not included here;
omission of these regulations from this document in no way affects the ability of
the respective Federal, State, or local agencies to enforce such regulations.
17.
KEY WORDS AND DOCUMENT ANALYSIS
a. DESCRIPTORS
Air pollution
Federal Regulations
Pollution
State Implementation Plans
18. DISTRIBUTION STATEMENT
RELEASE UNLIMITED
b. IDENTIFIERS/OPEN ENDED TERMS C. COSATI Field/Group

19. SECURITY CLASS (Thit Report/
Unclassified
20. SECURITY CLASS (Thiipage> 22. PRICE fȣ_ /mp
Unclassified /}^i Sh&l
EPA Perm 2220-1 <»-73)

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                                   EPA-450/3-78-104
    Air Pollution Regulations
in  State Implementation  Plans

               Virgin Islands
                        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-450/3-78-104
                                  11

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                             INTRODUCTION
     This document has been produced in compliance with Section 110(h)(l)
of the Clean Air Act Amendments of 1977.  The Federally enforceable
regulations contained in the State Implementation Plans (SIPs) have been
compiled for all 56 States and territories (with the exception of the
Northern Mariana Islands).  They consist of both the Federally approved
State and/or local air quality regulations as indicated in the Federal
Register and the Federally promulgated regulations for the State, as
indicated in the Federal Register.  Regulations which fall into one of
the above categories as of January 1, 1978, have been incorporated.  As
mandated by Congress, this document will be updated annually.   State
and/or local air quality regulations which have not been Federally
approved as of January 1, 1978, are not included here; omission of these
regulations from this document in no way affects the ability of the
respective Federal, State, or local agencies to enforce such regulations.

     There have been recent changes in the Federal enforceability of
parking management regulations and indirect source regulations.  The
October, 1977, appropriation bill for EPA prohibited Federal enforcement
of parking management regulations in the absence of specific Federal
authorizing legislation.  Federally promulgated parking management
regulations have, therefore, been suspended indefinitely.   Pursuant to
the 1977 Clean Air Act Amendments, indirect source regulations may not
be required for the approval of a given SIP.  Consequently, any State
adopted indirect source regulations may be suspended or revoked; State
adopted indirect source regulations contained in an applicable SIP
are Federally enforceable.  More importantly, EPA may only promulgate
indirect source review regulations which are specific to Federally
funded, operated, or owned facilities or projects.  Therefore, the
Federally promulgated indirect source regulations appearing in this
document are not enforceable by EPA except as they relate to Federal
facilities.

     Since State air quality regulations vary widely in their organization,
content, and language, a standardized subject index is utilized in this
document.  Index listings consist of both contaminant and activity oriented
categories to facilitate usage.  For example, for regulations which apply
to copper smelters, one might look under sulfur compounds (50.2), particu-
late matter process weight (50.1.1), or copper smelters (51.15).  Federal
regulations pertaining to a given State immediately follow the approved
State and local regulations.

     Additionally, a summary sheet of the information included in each
comprehensive document is presented prior to the regulatory text to
allow one to quickly assess the contents of the document.   Specifically,
the summary sheets contain the date of submittal to EPA of each revision
                                    Ml

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

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

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                            SUMMARY SHEET
                                 OF
                   EPA-APPROVED REGULATION CHANGES
                           VIRGIN ISLANDS
Submittal  Date
   8/17/72
   2/12/74
   1/21/76
   6/3/76
   8/16/76
Approval Date
   10/28/72
    9/10/75
    9/1/76
    9/1/76
   12/21/76
 Description
Section 206-25(a)
Section 206-30, 206-31
Section 204-26
Section 204-26
Section 204-26 excluding
subjection (a)(2) which
is disapproved for St.
Croix.  St. Croix must
conform with original
1/31/72 submittal of
9:204-26 for the
sulfur in fuel content
Section Number

 52.2775
 52.2779
 FEDERAL REGULATIONS
   Description
   Review of New Sources and Modifications
   Prevention of Significant Deterioration

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                        DOCUMENTATION  OF CURRENT EPA-APPROVED
                           STATE AIR POLLUTION REGULATIONS
                           REVISED  STANDARD SUBJECT INDEX
1.0   DEFINITIONS
2.0   GENERAL PROVISIONS AND ADMINISTRATIVE PROCEDURES
3.0   REGISTRATION CERTIFICATES, OPERATING PERMITS AND APPLICATIONS
4.0   AIR QUALITY STANDARDS (PRIMARY AND SECONDARY)
      4.1    PARTICULATES
      4.2    SULFUR DIOXIDE
      4.3    NITRIC OXIDES
      4.4    HYDROCARBONS
      4.5    CARBON MONOXIDE
      4.6    OXIDANTS
      4.7    OTHERS
 5.0   VARIANCES
 6.0   COMPLIANCE SCHEDULES
 7.0   EQUIPMENT MALFUNCTION AND MAINTENANCE
 8.0   EMERGENCY EPISODES
 9.0   AIR QUALITY  SURVEILLANCE AND SOURCE TESTING
10.0   NEW SOURCE PERFORMANCE  STANDARDS
11.0   NATIONAL EMISSIONS  STANDARDS FOR HAZARDOUS AIR POLLUTANTS
12.0   MOTOR VEHICLE EMISSIONS AND CONTROLS
13.0    RECORD KEEPING AND REPORTING
14.0    PUBLIC AVAILABILITY OF DATA
15.0   LEGAL AUTHORITY AND ENFORCEMENT
16.0  HEARINGS, COMPLAINTS, AND INVESTIGATIONS
17.0   PREVENTION OF SIGNIFICANT DETERIORATION
18.0   AIR QUALITY MAINTENANCE AREA
19.0 - 49.0
       RESERVED FOR FUTURE EXPANSION OF COMMON INDEX
50.0   POLLUTANT - SPECIFIC REGULATIONS
       50.1  PARTICULATES
             50.1.1  PROCESS WEIGHT
             50.1.2  VISIBLE EMISSIONS
             50.1.3  GENERAL
                                            VI

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       50.2   SULFUR COMPOUNDS
       50.3   NITRIC OXIDES
       50.4   HYDROCARBONS
       50.5   CARBON MONOXIDE
       50.6   ODOROUS POLLUTANTS
       50.7   OTHERS (Pb, Hg, etc.)
51.0   SOURCE CATEGORY SPECIFIC REGULATIONS
       51.1   AGRICULTURAL PROCESSES (Includes Grain Handling, Orchard Heaters,
              R1ce and Soybean Facilities, Related Topics)
       51.2   COAL OPERATIONS (Includes Cleaning, Preparation, Coal Refuse
              Disposal Areas, Coke Ovens, Charcoal Kilns, Related Topics)
       51.3   CONSTRUCTION (Includes Cement Plants, Materials Handling, Topics
              Related to Construction Industry)
       51.4   FERROUS FOUNDRIES (Includes Blast Furnaces, Related Topics)
       51.5   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - Participates
              (Includes Fuel Content and Other Related Topics)
       51.6   FUEL BURNING EQUIPMENT (coal, natural gas, oil) - S02 (Includes
              Fuel Content and Other Related Topics)
       51.7   FUEL BURNING EQUIPMENT (oil, natural gas, coal) - N02 (Includes
              Fuel Content and Other Related Topics)
       51.8   HOT MIX ASPHALT PLANTS
       51.9   INCINERATION
       51.10  NITRIC ACID PLANTS
       51.11  NON-FERROUS SMELTERS  (Zn, Cu, etc.) - Sulfur Dioxide
       51.12  NUCLEAR ENERGY FACILITIES (Includes Related Topic)
       51.13  OPEN BURNING (Includes Forest Management, Forest Fire, Fire
              Fighting Practice, Agricultural Burning and Related Topics)
       51.14  PAPER PULP; WOOD PULP AND KRAFT MILLS (Includes Related Topics)
       51.15  PETROLEUM REFINERIES
       51.16  PETROLEUM STORAGE (Includes Loading, Unloading, Handling and
              Related Topics)
       51.17  SECONDARY METAL OPERATIONS  (Includes Aluminum, Steel and Related
              Topics)
       51.18  SULFURIC ACID  PLANTS
       51.19  SULFURIC RECOVERY OPERATIONS
       51.20  WOOD WASTE  BURNERS
       51.21  MISCELLANEOUS  TOPICS
                                          VII

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                        TABLE OF  CONTENTS

                      VIRGIN ISLANDS REGULATIONS
Revised Standard
Section
Subject Index
(1.0)
(51.13)
(50.1.2)
(50.1)
(51.8)
(51.5)
(51.3)
(50.1.1)
numoer
204-20
204-21
204-22
204-23
204-23(a)
204-23(b)
204-23(c)
204-23(d)
       (51.16)



       (50.1)



       (50.2)


       (50.7)
   204-24



   204-25



   204-26


   204-27
   Title                Page
Definition of Terms       1

Regulation to Control
Open Burning              2

Regulations to Control
Emission of Visible Air
Contaminants              3

Regulations Governing
Emission of Particulate
Matter                    4

Particulate Emissions
from Hot Mix Asphalt
Plants                    4

Particulate Emissions
from Fuel Burning Equip-
ment                      4

Particulate Emission
from Incinerators         5

Particulate Emissions
from Industrial Process
Equipment                 5

Storage of Petroleum
or Other Volatile
Products                  6

Preventing Particulate
Matter from Becoming
Ai r-Bome                 6

Sulfur Compounds Emission
Control                   7

Air Pollution Nuisances
Prohibited                9
                                   VIII

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Revised Standard
  Subject Index
     (12.0)

      (7.0)
Section
 Number
   204-28
   204-29
(2.0)
(13.0)
(5.0)
(3.0)
(2.0)
(3.0)
(3.0)
(9.0)
(3.0)
(2.0)
(3.0)
(2.0)
(2.0)
(10.0)
204-30
204-31
204-32
206-20
206-21
206-22
206-23
206-24
206-25
206-26
206-27
206-28
206-29
206-30
    Title              Page

Internal Combustion
Engine Limits           10
Upset, Breakdown or
Scheduled Maintenance   10
Circumvention           11
Duty to Report Dis-
continuance or Dis-
mantlement              11
Variance Clauses        11
Permits Required        13
Transfer                14
Applications            14
Cancellation of
Applications            14
Provision of Sampling
and Testing Facilities  14
Standards for Grant-
ing Applications        14
Conditional Approval    15
Denial of Applications  15
Further Information     15
Appeals                 15
                                       Review  of New  Sources
                                       and  Modifications
                                         16
     (10.0)
   206-31
Review of New or Modi-
fied Indirect Sources   17
                                      IX

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                  FEDERALLY PROMULGATED REGULATIONS
Revised Standard          Section          Title               Page
  Subject Index           Number

     (10.0)               52.2775      Review of New Sources    20
                                       and Modifications

     (17.0)               52.27779     Prevention of Sig-
                                       nificent Deterioration   20

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                            Chapter 9 - Air Pollution Control
                     Subchapter 204 - Air Quality Control  Regulations


(1.0)    Section 204-20   Definition of Terms

        The following words and phrases when used in this  regulation shall  for the
        purpose of this regulation have the meanings respectively ascribed  to them,
        unless a different meaning is clearly indicated.

        (a)  Department:  The Virgin Islands Department of Health

        (b)  Fuel-Burning Equipment:  Equipment,  device, or contrivance and
             all appurtenances thereto, including ducts, breechings, control
             equipment, fuel feeding equipment, ash-removal  equipment,  combustion
             controls, stacks, chimneys, etc., used principally but not
             exclusively, to bum any fuel  for the purpose of  indirect  heating in
             which the material being heated is not connected  by and adds no
             substance to the products of combustion.  Such equipment typically
             includes that used for heating water to boiling;  raising steam,  or
             super-heating steam; heating air as  in a warm air furnace; furnishing
             process heat that is conducted through process vessel  walls; and
             furnishing process heat indirectly through its transfer by fluids.

        (c)  Fugitive Dust:  Solid airborne particulate matter emitted  at or
             near ground level from any source other than  a stack,  flue or  duct.

        (d)  Incinerator:  All devices intended or used for the destruction of
             refuse or other combustible refuse by burning.

        (e)  Open Burning:  Any manner of burning or causing rapid oxidation  that
             results in products being discharged into the open air without passing
             through a properly designed stack, duct, chimney, flue or  other  control
             process.

        (f)  Particulate Matter:  Any airborne material except uncombined water
             which is often, but not always, suspended in  air  or other  gases  at
             atmospheric temperature and pressure.

        (g)  Process Equipment:  Any equipment, device or  contrivance for changing
             any materials whatever or for storage or handling of any materials,
             and all appurtenances thereto, including ducts, stacks, etc.,  the
             use of which may cause any discharge of an air contaminant Into  the
             outdoor atmosphere but not including that equipment specifically
             defined as fuel-burning equipment or refuse-burning equipment  in this
             regulation.

        (h)  Process Weight Rate:  A rate established as follows:

             (1)  For continuous or long-run steady-state  source operations,  the
                  total process weight for the entire period of continuous
                                             -1-

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                   operation or for a  typical  portion thereof,  divided by the
                   number of hours  of  such period of portion thereof.

              (2)   For cyclical  or  batch  unit  operations,  or unit processes,
                   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.

              (3)   Where  the nature of any process or operation or the design
                   of any equipment, is such as to permit  more  than one
                   interpretation of this definition, the  interpretation that
                   results in the minimum value for allowable emission shall
                   apply.

         (i)   Ringelmann  Scale:   The scale of  comparative  smoke densities
              published in the United  States Bureau of Mines Circular No.8333.

         (j)   Smoke:   Small  gas-borne  particles resulting  from  incomplete
              combustion  of carbonaceous  material, in sufficient number to  be
              observable.

         (k)   Standard Conditions:   A  gas temperature of 60 degrees Fahrenheit
              and  a gas pressure of 14.7  pounds per square Inch absolute.

         (1)   Stack:   Stack, chimney,  flue,  conduit, or opening arranged for  the
              emission of solids, liquids, gases or aerosols into the outdoor
              atmosphere.

(51.13)  Section 204-21   Regulation to Control Open Burning

         No person shall  permit, cause, suffer or allow open burning  except under
         the following circumstances:

         (a)   When in the judgement of the Commissioner or his  authorized
              representative, no other method  for the disposal  of the material
              exists or can reasonably be obtained.

         (b)   Where the fire is for recreational, educational,  ceremonial or
              cooking purposes,  Including barbecues, provided no smoke violation
              or other nuisance 1s  created.

         (c)   When authorized by the Commissioner or his designated representative,
              fires are permitted for  the following purposes:  elimination  of fire
              hazards, conservation practices, disease control, game  management,
              training and instruction of bona fide fire-fighting and fire  rescue
              personnel,  civil defense needs,  land clearance for private home
              construction in rural areas and  special circumstances.   Such  fires
              may  not be  authorized wherein the ambient air quality of other
              property is detrimentally affected.

         (d)   Where no practical alternative exists for safety  flares or smokeless
              flares for  the combustion of waste gases, provided other conditions
                                              -2-

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              of the Air Quality Control  Act and the regulations set forth
              persuant to these regulations are met.

         The Conmissioner or his authorized representative may impose any reason-
         able conditions which he deems necessary (1) to prevent the creation of
         excessive smoke, (2) to protect property, or (3) to protect the health,
         safety or comfort of the public.

(50.1.2) Section 204-22   Regulations to Control Emission of Visible Air Contaminants

         (a)  Restrictions Applicable to Existing Installations

              No person shall discharge into the atmosphere from any single
              source of emission whatsoever any air contaminant:

              (1)  Of a shade or density equal  to or darker than that
                   designated as No.  2 on the Rlngelmann Chart, or

              (2)  Of such opacity as to obscure an observer's view to a
                   degree equal to or greater than does smoke described in
                   subsection (2) (1) of this regulation.

         (b)  Restrictions Applicable to New Installations

              No person shall discharge into the atmosphere from any single
              source of emission whatsoever any air contaminant:

              (1)  Of a shade or density equal  to or darker than that
                   designated as No.  1 on the Rlngelmann Chart, or

              (2)  Of such opacity as to obscure an observer's view to a degree
                   equal to or greater than does smoke described in subsection
                   (b) (1) of this regulation.

         (c)  Exceptions

              A person may discharge Into the atmosphere from any single source
              of emission for a period or periods aggregating not more than six
              minutes in any sixty minutes air contaminants:

              (1)  Of a shade or density not darker than No. 2 on the
                   Rlngelmann Chart, or

              (2)  Of such opacity as to obscure an observer's view to a
                   degree not greater than does smoke described in subsection
                   (c) (1) of this regulation.

              (3)  Where the presence of uncombined water is the only reason for
                   failure of an emission to meet the requirements of Sections
                   (a) (b) of this regulation,  such sections shall not apply.
                                              -3-

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        (d)   Method of Measurement

             (1)   The Ringelmann Chart published and described in the U.S.
                  Bureau of Mines Information Circular 8333 or the U.S.  Public
                  Health Service Smoke Inspection Guide as  described  in  the
                  Federal  Register,  Title 42, Chapter 1, Subchapter F, Part 75,
                  shall  be used in grading the shade or opacity of visible  air
                  contaminant emissions.   The Commissioner  may specify other
                  means of measurement which give comparable results  or  results
                  of greater accuracy.  The two publications described in this
                  subsection are hereby made a part of this regulation by
                  reference.

(50.1)  Section 204-23   Regulations Governing Emission of  Particulate Matter

(51.8)  (a)   Particulate Emissions from Hot Mix Asphalt Plants

             (1)   No person shall permit, cause, suffer or  allow particulate
                  matter emissions from such plant into the atmosphere in
                  excess of the quantity 1n Table I.  For a process weight
                  between any two consecutive process weights in the  table, the
                  emission limitation shall be determined by interpolation.
                  Where the plant has more than 1 stack, the emission total 1s
                  that from all stacks.

             (2)   No plant shall operate without a fugitive dust control  system
                  and the system shall operate and be maintained so that
                  particulate emission 1s limited to the stack outlet.

             (3)   The owner or operator of the plant shall  maintain dust control
                  of the plant premises and plant owned, leased,  or controlled
                  access roads by paving, oil treatment, or other suitable
                  measures.  Good operating practices shall be observed  in
                  relation to stockpiling, screen changing, and general  mainten-
                  ance to prevent dust generation and atmospheric entrapment.
                  Good operating practices, Including water spraying  or  other
                  suitable measures, shall be employed to minimize dust  generation
                  and an atmospheric entrainment when hot bins are pulled.

(51.5)  (b)   Particulate Emissions from Fuel-Burning Equipment

             (1).  No person shall cause,  suffer, or allow to be emitted  into the
                  outdoor atmosphere from any fuel-burfiing  equipment  or  premises,
                  or to pass a convenient measuring point near the stack outlet,
                  particulate matter in excess of the quantity set forth in the
                  following table:
                                             -4-

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                                               Maximum allowable  emission  of
                                               particulate matter in  pounds
            Heat  input millions  of              per  hour per million British
            British  thermal  units per hour      thermal  units  of heat  input

                    10 or less                             0.60
                   100                                    0.352
                 1,000                                    0.207
               10,000 or more                             0.0904


               (2)   If two or more  units  connect  to  a  single stack or  chimney,  each
                    unit shall  for  the purpose of computing the maximum allowable
                    emission rate be considered a separate entity  with the  allowable
                    emission rate for the stack or chimney the sum of  the  individual
                    computations.

(51.9)    (c)   Particulate Emission from  Incinerators

               (1)   No person shall cause,  or permit the emission  of particulate
                    matter from the stack or chimney of any existing incinerator
                    in excess of the following:

                    (A)  Incinerators with  a maximum refuse burning capacity of
                         200 or more pounds per hour,  0.2 grain of particulate
                         matter per standard dry  cubic foot of exhaust gas.

                    (B)  All other  incinerators,  0.3 grain of  particulate  matter
                         per standard dry cubic foot of exhaust gas.

               (2)   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 the
                    requirements of emission limitations after plans and specifica-
                    tions have  been approved by the  Commissioner or his designated
                    representative.

 (50.1.1)(d)   Particulate Emissions from Industrial Process  Equipment
               (1)  The maximum allowable emission of particulate matter from any
                    source whatever except fuel-burning equipment, refuse burning
                    equipment and equipment or processes otherwise noted herein,  shall
                    be determined from Table II.   To use the table, find the process
                    weight per hour in the table, and note the allowable rate of
                    emissions in pounds per hour next to the process weight per hour.

               (2)  If two or more process units connect to a single stack or
                    chimney, each unit shall for the purpose of computing the maximum
                    allowable emission rate be considered a separate entity with  the
                    allowable emission rate for the stack or chimney the sum of the
                    individual computations.


                                              -5-

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(51.16)   Section 204-24   Storage of Petroleum or Other Volatile Products

         A person shall not place, store or hold in any stationary tank,
         reservoir or other container of more than 65,000 gallons capacity any
         petroleum or volatile product or mixture of products having a vapor
         pressure 2.0 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:

         (a)  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 tank wall.  The control equipment provided for in this
              paragraph shall not be used if the gasoline petroleum distillate or
              other volatile products has a vapor pressure of 12.0 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.

         (b)  A vapor recovery system, consisting of a vapor-gathering system
              capable of collecting the hydrocarbon vapors or other gases discharged
              and vapor-disposal system capable of processing such hydrocarbon
              vapors or other 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 1s taking place.

         (c)  Other equipment of equal efficiency, provided plans for such equipment
              are submitted to and approved by the Commissioner or his designated
              representative.

(50.1)   Section 204-25   Preventing Particulate Hatter 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 unnecessary
              amount of 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.

         (c)  The Commissioner may require such reasonable measure 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
              parking lots; application of dust-free surfaces; application of oil or
              water; and the planting and maintenance of vegetative ground cover.
                                              -6-

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(50.2)   Section 204-26   Sulfur Compounds Emission Control

         (a)  Sulfur Dioxide

              (1)  No person shall  cause, let, permit, suffer or allow any emission
                   of sulfur oxides which results in ground  level concentrations
                   of sulfur oxides at any given point in excess of 0.5 ppm (volume)
                   in any three hour period or average exposure in excess of 0.14
                   ppm (volume) of sulfur oxide in any 24-hour period.  These
                   limitations shall not apply to ground level concentrations
                   occurring on the property from which such emission occurs,
                   provided such property, from the emission point to the point of
                   any such concentration, is controlled by  the person responsible
                   for such emission.

              (2)  No person shall  sell, offer for sale, purchase for use in or use
                   in any air contamination source having: (i) a total combined rated
                   heat input capacity greater than 8 million BTU/hr. residual  fuel
                   oil with a sulfur content fay weight in excess of the value listed
                   in Table 1; (ii) a total combined rated heat input capacity less
                   than or equal to 8 million BTU/hr, residual fuel oil with a sulfur
                   content by weight in excess of 2.0%.  For purposes of this paragraph
                   "total combined rated heat input capacity" shall be the sum of the
                   rated heat Input capacities of all air contamination sources
                   burning residual fuel oil.

                                          Table 1

                             Maximum Permitted Sulfur Content
                    of Residual Fuel 011 Expressed in Percent by Weight


         Effective Date          St. Croix           St. Thomas          St. John


         As of Effective
         Date of this Section       0.5                 2.0                 2.0
                   No person who, prior to January 1, 1974, burned other than residual
                   fuel oil for combustion purposes shall  use residual  fuel  oil:
                   (1) if such use shall  increase the amount of sulfur oxides emitted
                   from the source to the outdoor atmosphere and (ii) if the person
                   has not obtained the written approval  of the commissioner.

                   No person shall sell,  offer for sale,  purchase for use in or use
                   in any air contamination source fuel other than residual  fuel  oil
                   if such fuel contains  in excess of 1.0% sulfur by weight.
                                              -7-

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          All  new sources must meet the EPA requirements for new source
          performance standards and must comply with nondegradation criteria,
          The  Commissioner may require fuel oil samples or certification
          of fuel  oil being combusted.

          (Note:   (2) is disapproved as it applies to St. Croix.)

     (3)   Notwithstanding the requirements of paragraphs (a) (1) and (a) (2)
          of this  section, no person shall be authorized to burn fuel  oil
          which shall cause the contravention of any National  Ambient Air
          Quality  Standard for sulfur oxides or create a violation of the
          approved control strategy for sulfur oxides, as contained in the
          Virgin Islands Air Implementation Plan.

(b)  Hydrogen  Sulfide

     (1)   No person shall cause or permit the emission of hydrogen sulfide
          from any premises in such manner and amounts that the concentra-
          tions attributable to such emissions in the ambient air at any
          occupied place beyond the premises on which the source is located
          exceed 0.03 parts per million by volume for any averaging period
          of 30 or more minutes on more than two occasions in any five days.

(c)  Stack Testing and Monitoring

     (1)   Any  person responsible for the discharge of sulfur compounds in
          the  form of gases, vapors, or liquid particles through a stack
          or chimney Into the outdoor atmosphere shall, when requested by
          the  Department, provide the facilities and necessary equipment
       •   for  determining the combined quantity of such sulfur compounds
          being discharged from the stack or chimney and shall conduct
          stack tests using methods approved by the Department.  Such tests
          may  Include a determination of the sulfur concentrations, the
          total gas volume being discharged and the gas temperature and
          pressure at the sampling point in the stack or chimney.   The
          data shall be reported In a permanent log at such intervals as
          specified by the Department.  The data shall be maintained for
          a period of not less than one year and shall be available for
          review by the Department and inspection by members of the public.

     (2)   The  provisions of Section 204-26(c)(l) shall not apply when the
          total volume of gases discharged from a stack or chimney is less
          than 1,000 cubic feet per minute at standard conditions.

     (3)   Whenever the person responsible for the discharge of sulfur
          compounds can present data to the Department showing that his
          emissions are well under the allowable emissions or that his
          process produces predictable concentrations and emission rates,
          he may apply to the Department for a waiver or modification of
          the  stack testing requirement.  For the purpose of this Section,
          existing data may be offered as substantiating evidence for
          such waiver or modification.  If a waiver or modification is
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                  approved  by the Department,  the Department shall  notify the per-
                  son of such approval  in writing.

       (d)    Authorized Exceptions

             (1)   The Commissioner may  authorize a  source to use fuel  oil  with
                  a sulfur  content higher than that established  by  Section (a)(2)
                  hereof, pursuant to the exemption provisions of Title 12,  Chapter
                  9, Section 211  of the Virgin Islands  Code, or, under the
                  provisions of this subsection.   Exceptions may be granted  under
                  this subsection in the event —

                  (A)  An industrial  process or atmospheric  pollution  control
                       equipment or both will  result in the  removal  of sulfur
                       compounds from combustion gases  emitted fay the  source,
                       and  as a result  of such removal, sulfur compound emissions
                       from the source  will not exceed  those that would result if
                       the  fuel required by Section (a)(2) was used without  such
                       removal, or

                  (B)  Such source reasonably  demonstrates with  acceptable
                       computations verified by substantially accurate and
                       reliable measured scientific data, which  data is based upon
                       use  of the fuel  specified in subsection  (a)(2)  of this
                       section, that use of fuel  oil  with a  higher  sulfur content
                       than that established in subsection  (a)(2) hereof will  not
                       contravene subsection (a)(l) hereof,  which demonstration may
                       be based upon the results of changes  in operating conditions
                       or changes in configuration.

             (2)   Such authorization shall be  granted by the Commissioner only by
                  means of  a permit or  compliance plan  that  specifies  the maximum
                  percentage of sulfur  in fuel, by weight, and the  appropriate
                  operating conditions  which are authorized  for  such source.   Such
                  exception shall not be effective  until  it  has  been approved by
                  the Administrator of  the Environmental  Protection Agency.

                  (A)  No fuel  oil shall be combusted which  is in excess of  2%
                       sulfur content by weight.   Twenty four months from the
                       adoption of these regulations the maximum sulfur content
                       by weight of combustible fuel  oils shall  not exceed 1%.
                       Thirty six months from  the adoption of these regulations,
                       the  maximum sulfur content by weight  of combustible fuel
                       oils shall not exceed 0.5

(50.7)   Section 204-27  Air Pollution Nuisances Prohibited

        (a)   No person shall cause or permit the discharge  from  any source
             whatsoever such quantities of air contaminants  or other material
             which cause injury, detriment, nuisance, annoyance  to  any considerable
             number of persons or to the public or  which endanger the  comfort,
                                             -9-

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              repose,  health,  or safety of any such persons  or the public or
              which cause or have a  tendency to cause injury or damage to business
              or property.

        (b)    Nothing  in any other regulation concerning emission of air contami-
              nants or any other regulations relating to air pollution shall  in
              any manner be construed as authorizing or legalizing the creation
              or maintenance of a nuisance as described in Section (a) of this
              regulation.

(12.0)   Section 204-28  Internal  Combustion Engine Limits

        No person shall  operate,  or  cause to be operated, upon any street, highway,
        public place or private premises within the Virgin Islands,  any internal
        combustion engines, while stationary or moving, which emit from any source
        of emission whatsoever any air contaminant for a period longer than 10
        seconds with the aggregate not to exceed three minutes in any one hour
        which is:

        (a)   As dark or darker than  in shade as that designated No.  1  on the
             Ringelmann Chart, as published by the United States Bureau of Mines or

        (b)   Of such opacity as to obscure an observer's view to a degree equal to
             or greater than does smoke described in subsection (a)  of this section.

(7.0)   Section 204-29  Upset, Breakdown or Scheduled Maintenance

        Operation of any equipment or air pollution control  devices  or apparatus
        so as to cause emissions  of  air contaminants in excess of limits set by
        these regulations which is a direct result of upset  conditions or break-
        down or 1s a direct result of the shutdown of such equipment of air
        pollution control devices or apparatus for scheduled maintenance, is not a
        violation of these regulations provided:

        (a)   The occurrence has been reported to the Department at least 24 hours
             before any scheduled maintenance, and the scheduled maintenance is
             performed where possible during times specified by the  Department
             as favorable for  atmospheric ventilation.

        (b)   The occurrence has been reported to the Department as soon as
             reasonably possible in  the case of an upset or  breakdown, but in no
             case more than 24 hours after occurrence.

        (c)   Repairs are made  with maximum, reasonable effort, including use of
             off-shift labor,  overtime, or work periods of non-operation.

        (d)   The emission of air contaminants is minimized as much as  possible  ,
             during the scheduled maintenance, upset or breakdown.

        (e)   The air contaminant is  not of a nature of quantity which  would
             endanger  public health  or safety.
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        (f)   Upsets or breakdowns do not occur with such frequency that careless,
             marginal  or unsafe operation is indicated.

(2.0)    Section 204-30   Circumvention

        No person shall  build,  erect, install  or use any article,  machine equip-
        ment or other contrivance, the sole purpose of which is to dilute or conceal
        an emission without resulting in a reduction in  the total  release of air
        contaminants to the atmosphere.  Increase in stack height  or construction
        so as to increase stack exit velocity of gases shall not constitute a
        violation of this section.

(13.0)   Section 204-31   Duty to Report Discontinuance or Dismantlement

        It shall be the duty of any person responsible for any discontinued or
        dismantled fuel-burning, combustion or process equipment or device coming
        under the jurisdiction  of the permits provision  of this chapter to report
        to the Department within thirty (30) days the permanent discontinuance or
        dismantlement of such equipment or device.

(5.0)    Section 204-32   Variance Clauses

        Where emission sources  in existence prior to adoption of this regulation do
        not meet the particulate matter emission limitations noted in proceeding
        sections then a program to the particulate matter emission limitations
        stipulated shall be developed and offered to the Commissioner by the owner
        of the equipment causing the emission.  This program shall be submitted upon
        the request of and within such times as shall be reasonably determined by
        the Commissioner, and after said program has been approved by the
        Commissioner, the owner of the equipment causing the emission, shall not be
        in violation of this regulation so  long as said program is observed.  In
        evaluating such a program of improvement, the Commissioner shall take into
        consideration the following factors:

        (a)  Action taken to control atmospheric pollution within  emission limitations
             in effect prior to this regulation.

        (b)  Efficiency of any existing control equipment relative to that which
             would be required to meet emission limitations of this regulation.

        (c)  Temporary interim control measures intended to minimize existing
             pollution levels.

        (d)  The effect the source of emission has on air pollution generally or in
             the immediate vicinity of the source.

        Any variance granted pursuant to the provisions  of these regulations shall
        be granted for such a period of time, not to exceed one year, but such
        variance may be continued from year to year.  When a variance is granted,
        an acceptable compliance schedule shall be developed including regular
        progress reports.
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                       TABLE I
Aggregate Process Rate
   Pounds Per Hour
Stack Emission Rate
  Pounds Per Hour
10,000
20,000
30,000
40,000
50,000
100,000
200,000
300,000
400,000
500,000
600,000
10
16
22
28
31
33
37
40
43
47
50
                       TABLE II
          ALLOWABLE RATE OF EMISSION BASED ON
                PROCESS WEIGHT RATE3
Process Weight Rate
Lb/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
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
5.00
6.00
Rate of
Emission
Lb/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 Weight Rate
Lb/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

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
Lb/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

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         (a)   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=4.1oPO-67 and interpolation and  extrapolation of the  data for
              purpose weight rates in excess of  60,000 Ib/hr  shall  be
              accomplished by use of the equation:  E-55.0PO>''-40,  where E=rate
              of emission of Ib/hr and P»process weight in tons/hr.

              For those processes whose  weight exceeds 200 tons/hr, the  maximum
              allowable emission may exceed that shown in Table  II, provided
              that the concentration of  particulate matter in the  discharge  gases
              to the atmosphere is less  than 0.10 pounds per  1,000  pounds of
              gases.

                            Chapter 9 -  Air Pollution  Control
                     Subchapter 206 - Air  Pollution Control Regulations

(3.0)     Section 206-20   Permits Required

         (a)   Authority to Construct. Any person building, erecting, altering
              or replacing any article,  machine, equipment or other contrivance, the
              use of which may cause the issuance of air contaminants or the use of
              which may eliminante or reduce or  control  the issuance  of  air  contami-
              nants, shall first obtain  authorization  for such construction  from the
              Commissioner or his designated representative.   An authority to construct
              shall remain in effect until the permit  to operate the  equipment for
              which the application was  filed is granted or denied  or the application
              is cancelled.

         (b)   Permit to Operate.  Before any article,  machine, equipment or  other
              contrivance described in sub-section (a) of this section may be
              operated or used, a written  permit shall be obtained  from  the
              Commissioner or his designated representative.   No permit  to operate
              or use shall be granted until the  Information required  is  presented
              and such article, machine, equipment or  contrivance  is  altered, if
              necessary, and made to conform to  the standards set  forth  in Section
              206-25 and elsewhere in these Regulations.

         (c)   A person who has been granted a permit under the provisions of
              subsection (a) and (b) of  this section,  shall firmly  affix such
              permit to operate, an approved facsimile,  or other approved identifi-
              cation bearing the permit  number upon the article, machine, equipment,
              or other contrivance in such a 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, then  the permit should be  maintained  readily
              available at all times on  the operating  premises.

         (d)   A person shall not willfully deface, alter, forge, counterfeit, or
              falsify a permit to operate  any article, machine,  equipment, or other
              contrivance.
                                              -13-

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(2.0)   Section 206-21   Transfer

        An authority to construct or permit to operate shall  not be transferable,
        either from one location to another, from one piece of equipment to
        another, or from one person to another.

(3.0)   Section 206-22   Applications

        Every application for an authority to construct or permit to operate required
        under Section 206-20 shall be filed in the manner and form prescribed by
        the Commissioner or his designated representative, and shall give all the
        information necessary to make the determination required by Section 206-25
        hereof.

(3.0)   Section 206-23   Cancellation of Applications

        (a)  An authority to construct shall expire and the application shall be
             cancelled two years from the date of issuance of the authority to
             construct.

        (b)  An application for permit to operate existing equipment shall  be
             cancelled two years from the date of filing of the application.

(9.0)   Section 206-24   Provision of Sampling and Testing Facilities

        A person operating or using any article, machine, equipment or other
        contrivance for which these regulations require a permit shall provide and
        maintain such sampling and testing facilities as specified in the authority
        to construct or permit to operate.

(3.0)   Section 206-25   Standards for'Granting Applications

        (a)  The Commissioner or his designated representative shall deny an
             authority to construct or permit to operate, except as provided in
             section 206-26 of this subchapter, 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  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 or
             without causing to be emitted air contaminants in violation of this
             subchapter.   In addition no approval  to construct or modify a
             stationary source will be granted unless the applicant shows to the
             satisfaction of the Commissioner or his designated representative that
             the stationary source will  not prevent or interfere with attainment or
             maintenance of the National  Ambient Air Quality  Standards.

        (b)  Before an  authority to construct or a permit to  operate is granted,
             the Commissioner or his designated representative 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


                                             -14-

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             discharged into the atmosphere 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 Commissioner shall
             notify the applicant in writing of the required size,  number and
             location  of sampling holes; the size and location of the sampling
             platform; and the utilities for operating the  sampling and testing
             equipment.

        (c)   In acting upon a Permit to Operate, if the Commissioner finds that  the
             article,  machine, equipment or other contrivance  has been  constructed
             not in accordance with the-Authority to Construct, he  shall  deny  the
             Permit to Operate.  The Commissioner 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,  equipment or other contrivance has been  reconstructed in
             accordance with the Authority to  Construct.

(2.0)    Section 206-26   Conditional Approval

        (a)   The Commissioner may issue an authority to construct or a  permit  to
             operate,  subject to conditions which will bring the operation of any
             article,  machine, equipment or other contrivance  within the standards
             of Section 206-25, 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 conditions so specified.  The Commissioner  sha-11  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 206-25 under the  revised conditions.

(3.0)    Section 206-27   Denial of Applications

        In the event of denial of an authority to construct or permit to operate,
        the Commissioner shall notify the applicant in writing of the reasons
        therefore.  Service of this notification may be made in person  or by mail,
        and such service may be proved by the  written acknowledgment of the person
        served or affidavit of the person making the service.   The  Commissioner
        shall not accept a further application unless the applicant has complied
        with the objections specified by the Commissioner as for his reasons for
        denial of the authority to construct or the permit  to  operate.

(2.0)    Section 206-28   Further Information

        Before acting on an application for authority to construct  or permit to
        operate, the Commissioner may require  the applicant to furnish  further
        information or further plans or specifications.

(2.0)    Section 206-29   Appeals

        Within 10 days after notice, by the Commissioner, of denial  or  conditional
                                             -15-

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        approval  of an authority to construct or permit to operate,  the applicant
        may petition the Advisory Commission, in writing,  for a  public  hearing.

(10.0)   Section 206-30   Review of New Sources and Modifications

        (a)  This requirement is applicable to any stationary source subject to
             review under Section 206-20,  Chapter 19,  Title 12,  Virgin  Islands
             Code, the construction or modification of which is  commenced  after  the
             effective date of this paragraph.

        (b)  No owner or operator shall commence construction or modification
             of any stationary source after the effective  date of this  regulation
             without first obtaining approval from the Commissioner  of  the location
             of such source.

             (1)   Application for approval  to construct or modify shall  be made
                  on forms furnished by the Commissioner,  or by  other means
                  prescribed by the Commissioner.

             (2)   A separate application is required,  for  each source.

             (3)   Each application shall be signed by  the  applicant.

             (4)   Each application shall be accompanied by site  information,  stack
                  data, and the nature and amount of emissions.   Such information
                  shall be sufficient to enable the Commissioner to  make any
                  determination pursuant to sub-paragraph  (c) of this paragraph.

             (5)   Any additional  Information, plans, specifications,  evidence, or
                  documentation that the Commissioner  may  require shall  be furnished
                  upon request.

        (c)  No approval  to construct or modify will be granted  unless  the applicant
             shows to the satisfaction of the Commissioner that  the  source will  not
             prevent or Interfere with attainment or maintenance of  any national
             standard.

        (d)  The  Commissioner will  act within 60 days  on an application and will
             notify the applicant in writing of his approval  or  denial  of  the
             application.  The Commissioner will  set forth his reasons  for any denial

        (e)  The  Commissioner may cancel an approval if the construction is not
             begun within 2 years from the date of issuance,  or  if during  the
             construction, work is suspended for 1  year.

        (f)  Approval to construct or modify shall  not be  required for:

             (1)   The installation or alteration of an air pollutant detector,
                  air pollutants recorder,  combustion  controller, or combustion
                  shut off.
                                             -16-

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              (2)   Air conditioning or ventilating systems not designed to
                   remove air pollutants  generated by or released from equipment.

              (3)   Fuel  burning equipment,  other than smokehouse generators,
                   which use gas as a fuel  for space heating,  air conditioning,
                   or heating water; is used in a private dwelling;  or has a
                   heat input of not more than 350,000 B.T.U.  per hour (88.2  million
                   gm-cal/hr.).

              (4)   Mobile internal  combustion engines.

              (5)   Laboratory equipment used exclusively for chemical  or physical
                   analyses.

        (g)    Approval to construct or modify shall  not relieve any  owner or
              operator of the responsibility to comply with all  local, State,
              and  Federal regulations which are part of the applicable plan.

(10.0)   Section 206-31   Review of New or Modified Indirect Sources

        (a)    Definitions:

              (1)   "Indirect source" means  a facility, building, structure, or
                   installation, or combination thereof, which causes  emissions  to
                   be generated through associated mobile source activity.

              (2)   "Modification" means any change to an indirect source which
                   increases the vehicle  capacity of such facility.

        (b)    The  requirements of this paragraph are applicable to the following
              indirect sources in the Virgin Islands, the construction or
              modification of which 1s commenced after the effective date of  this
              paragraph:

              (1)   Any new facility with  an associated parking area  with a
                   capacity of 700 or more cars.

              (2)   Any modified facility  which:

                   (A)  Increases parking capacity from less than 700  cars to
                        700 or more cars, or

                   (B)  Increases existing parking capacity which is in excess of
                        700 cars by more  than 25 percent, or more than 700 cars,
                        whichever is less.

              (3)   Airports served by regularly scheduled airlines.

              (4)   Roads with a maximum expected traffic volume within ten years
                   of completion of:
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           (A)   1440 vehicles in eight hours,  or

           (B)   700 vehicles in one hour.

(c)   No owner or operator of an indirect source subject to this paragraph
     shall  commence construction or modification of such source after
     the effective date of this paragraph without first obtaining
     approval from the Commissioner of the location and design of such
     source.

     (1)  Application for approval  to construct or modify shall be made
          on  forms furnished by the Department of Health, or by other means
          prescribed by the Commissioner,  and  shall  include the following
          information:

          (A)  The name and address of the owner and/or operator.

          (B)  The location of the  facility.

          (C)  The total  vehicle capacity before and after the construction
               or modification of the facility.

          (D)  The normal  hours of  operation of the facility and the
               enterprises and activities  which it serves.

          (E)  The number of people using  or engaging in any enterprises
               or activities which  the facility will  serve.

          (F)  The maximum number of motor vehicles expected to use the
               facility on a one-hour and eight-hour basis.

          (G)  A projection of the  geographic  areas in the community from
               which people and motor vehicle  will  be drawn to the facility.
               Such projections shall include  data concerning the availability
               of public transit from such areas.

          (H)  Maximum measured or  estimated ambient air quality data for
               carbon monoxide for  one and eight-hour periods.

          (I)  An estimate of maximum emissions of carbon monoxide resulting
               from mobile source activity on  the premises,  calculated for
               one eight-hour period.

          (J)  An estimate of the maximum one  and eight-hour concentrations
               or carbon monoxide occurring pursuant to sub-division (1)  (I)
               of this sub-paragraph.

     (2)  A separate application is required for each indirect source.

     (3)  Each  application shall  be signed by  the owner or operator, which
          signature shall  constitute an agreement that the applicant will
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           assume responsibility for the construction,  modification or opera-
           tion of the source in accordance with applicable rules and
           regulations, and the design submitted in the application.

      (4)   Any additional  information, plans,  specification, evidence or
           documentation that the Commissioner may require shall  be
           furnished upon request.

(d)    No approval to construct or modify will  be granted unless  the applicant
      shows to the satisfaction of the Commissioner that:

      (1)   The source will  be operated without causing  a violation of the
           control strategy which is part of the applicable plan.

      (2)   The emissions resulting from the mobile source activity associated
           with the facility will not prevent or interfere with  the attainment
           or maintenance of the national ambient air quality standard for
           carbon monoxide.

(e)   Within 30 days after receipt of an application, the Commissioner of
     Health will notify the public by prominent advertisement in the Local
     News  Media, of the opportunity for public comment  on the information
     submitted by the owner or operator.

     (1)  Such information, including the Commissioner  of Health's analysis
          of the effect of the facility on air quality  and the Commissioner's
          proposed approval or disapproval, will be available in at least
          one location in the region affected.

     (2)  Public comments submitted within 30 days of the date such informa-
          tion 1s made available will be considered by  the Commissioner in
          making his final  decision on the application.

     (3)  The Commissioner will make final decision on  the application within
          30 days after the close of the public comment period.   The
          Commissioner will notify the applicant in writing of his approval,
          conditional approval, or denial of the application, and will set
          forth his reasons for conditional approval or denial.

(f)   The Commissioner may impose any reasonable conditions on an approval,
     including conditions requiring the source owner or operator to conduct
     ambient air quality monitoring in the vicinity of the site of the
     source for a reasonable period prior to commencement of construction or
     modification, and/or for any specified period after the facility has
     commenced operation.

(g)   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 applica-
     ble plan.
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FEDERALLY PROMULGATED
    REGULATIONS
           -20-

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(10.0)    52.2775   Review of New Sources  and Modifications

         (a)   Regulation for review of new sources and modifications

              (1)   This requirement is applicable to any stationary source
                   subject to review under section 206-30 of Chapter  9,  Title
                   12 of the Virgin Islands' Code or 40 CFR 52.2775 (f).

              (2)   Within 30 days after receipt of an application,  the
                   Commissioner of the Department of Conservation and Cultural
                   Affairs, will notify the public, by prominent advertisement
                   in the local news media, of the opportunity for public
                   comment on the information submitted by  the owner of
                   operator.

                   (A)  Such information, together with the Commissioner's
                        analysis of the effect of the construction or
                        modification on air quality including the Commissioner's
                      _proposed approval or disapproval,, will be available
                        in at least one location in the affected region.

                   (B)  Written public comments submitted within 30 days of
                        the date such information is made available will
                        be considered by  the Commissioner in making his final
                        decision on the application.

                   (C)  The Commissioner  will make a final  decision on  the
                        application within 30 days after the close of the
                        public comment period.  The Commissioner will notify
                        the applicant In  writing of his approval, conditional
                        approval, or disapproval of the application and will
                        set forth his reasons for conditional approval  or
                        disapproval.

                   (D)  A copy of the notice required by paragraph (h)(2) of this
                        section shall also be sent to the Administrator through the
                        appropriate regional office, and to all  other State and
                        local air pollution control agencies having jurisdiction
                        in the region in  which such new or  modified installation
                        will be located.   The notice shall  also  be sent to any
                        other agency in the region having responsibility for
                        implementing the  procedures required under this section.

                        (37 FR 10905, May 31, 1972, as amended at 40  FR 42013,
                        Sept. 10, 1975)
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(17.0)   .52.2779  Prevention of Significant Deterioration

           (b)  Definitions.  For the purposes of this section:

                (1)  "Facility" means an identifiable piece of process equipment.  A
                     stationary source 1s composed of one or more pollutant-emitting
                     facilities.

                (2)  The phrase "Administrator" means the Administrator of the Envi-
                     ronmental Protection Agency or his designated representative.

                (3)  The phrase "Federal Land Manager" means the head, or his desig-
                     nated representative, of any Department or Agency of the Fed-
                     eral Government which administers federally-owned land, Includ-
                     ing public domain lands.

                (4)  The phrase "Indian Reservation" means any federally-recognized
                     reservation established by Treaty, Agreement, Executive Order,
                     or Act of Congress.

                (5)  The phrase "Indian Governing Body" means the governing body of
                     any tribe, band, or group of Indians subject to the jurisdiction
                     of the United States and recognized by the United States as pos-
                     sessing power of self-government.

                (6)  "Construction" means fabrication, erection or Installation of a
                     stationary source.

                (7)  "Commenced1* means that an owner or operator has undertaken a
                     continuous program of construction or modification or that an
                     owner or operator has entered Into a contractual obligation to
                     undertake and complete, within a reasonable time, a continuous
                     program of construction or modification.

           (c)  Area designation and deterioration increment

                (1)  The provisions of this paragraph have been incorporated by ref-
                     erence Into the applicable Implementation plans for various
                     States, as provided 1n Subparts B through ODD of this part.  Where
                     this paragraph Is so Incorporated, the provisions shall also be
                     applicable to all lands owned by the Federal Government and In-
                     dian Reservations located In such State.  The provisions of this
                     paragraph do not apply in those counties or other functionally
                     equivalent areas that pervasively exceeded any national ambient
                     air quality standards during 1974 for sulfur dioxide or particu-
                     late matter and then only with respect to such pollutants.
                     States may notify the Administrator at any time of those areas
                     which  exceeded the national standards during 1974 and therefore
                     are exempt from the requirements of this paragraph.
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(2)   (1)      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
     (11)    For purposes of this paragraph, areas designated as Class
            - Ill-shall be limited to" ^oncentrat1ons~of pa'rticulate
             matter and sulfur dioxide no greater than the national
             ambient air quality standards.

     (111)   The air quality impact of sources granted approval  to
             construct or modify prior to January 1, 1975 (pursuant to
             the approved new source review procedures in the plan)
             but not yet operating prior to January 1, 1975, shall not
             be counted against the air quality increments specified
             in paragraph (c) (2) (1) of this section.

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

     (11)    The State may submit to the Administrator a proposal to
             redesignate areas of the State Class I, Class II, or
             Class III, provided that:

             (a)  At least one public hearing is held in or near the
                  area affected and this public hearing is held in
                  accordance with procedures established in 51.4 of
                  this chapter, and

             (b)  Other States, Indian Governing Bodies, and Federal
                  Land Managers whose lands may be affected by the
                  proposed redesignation are notified at least 30 days
                  prior to the public hearing, and
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        (c)   A discussion  of the reasons  for the  proposed redes-
             ignation  is available for public inspection at least
             30 days prior to the hearing and the notice announc-
             ing the hearing contains  appropriate notification of
             the availability of such  discussion, and

        (d)   The proposed  redesignation is based  on  the record of
             the State's hearing, which must reflect the basis
             for the proposed redesignation, including consider-
             ation of  (1)   growth anticipated in  the area,  (2)
             the social, environmental, and economic effects of
             such redesignation  upon the area being  proposed for
             redesignation and upon other areas and  States, and
             (3)  any  impacts of such  proposed redesignation upon
             regional  or national interests.

        (e)   The redesignation is proposed after  consultation
             with the  elected leadership of local and other sub-
             state general purpose governments in the area cov-
             ered by the proposed redesignation.

(111)    Except as provided 1n paragraph (c) (3) (1v) of this
        section, a State 1n which lands owned by  the Federal Gov-
        ernment are located may submit to the Administrator a
        proposal to redesignate such lands Class  I,  Class II, or
        Class III in accordance with subdivision  (11) of this
        subparagraph provided that:

        (a)   The redesignation 1s consistent with adjacent State
             and privately owned land, and

        (b)   Such redesignation 1s proposed after consultation
             with the  Federal Land Manager.

(1v)    Notwithstanding subdivision (111) of this subparagraph,
        the Federal Land Manager may submit to the Administrator
        a proposal to  redesignate any  Federal lands  to a more
        restrictive designation than would otherwise be applic-
        able provided  that:

        (a)   The Federal Land Manager  follows procedures equiv-
             alent to  those required of States under paragraph
             (c) (3)  (11)  and,

        (b)   Such redesignation is proposed after consultation
             with the  State(s) 1n which the Federal  Land is lo-
             cated or  which border the Federal Land.

(v)     Nothing in this  section is intended to convey authority
        to the States  over Indian Reservations where States have
        not assumed such authority under other laws  nor is it
        intended to deny jurisdiction  which States have assumed
                         -24-

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        under other laws.   Where a  State  has  not assumed juris-
        diction  over an  Indian  Reservation  the appropriate In-
        dian  Governing Body may submit to the Administrator a
        proposal  to redesignate areas  Class I, Class  II, or
        Class III,  provided that:

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

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

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

        (a)   Any redesignation  proposed pursuant to subdivisions
             (ii) and (iii) of  this subparagraph shall be approv-
             ed  unless the Administrator  determines (1)  that the
             requirements  of subdivisions (1i) 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
             (1v) 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  1n  subparagraph (3) (11) (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 1n subparagraph (3) (ii) (d) of this
             paragraph.
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                  (d)  Any  redesignat!on  proposed  pursuant  to  this  para-
                      graph  shall be approved  only  after the  Administrator
                      has  solicited written  comments  from  affected Federal
                      agencies and Indian Governing Bodies and  from the
                      public on the proposal.

                  (e)  Any  proposed redesignation  protested to the  propos-
                      ing  State,  Indian  Governing Body,  or Federal  Land
                      Manager and to the Administrator by  another  State  or
                      Indian Governing Body  because of the effects  upon
                      such protesting State  or Indian Reservation  shall  be
                      approved by the Administrator only 1f he  determines
                      that 1n his judgment the redesignation  appropriately
                      balances considerations  of  growth  anticipated in the
                      area proposed to be redesignated;  the  social, envi-
                      ronmental and economic effects  of  such  redesignation
                      upon the area being redesignated and upon other areas
                      and  States;  and any Impacts  upon  regional or nation-
                      al Interests.

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

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

(d)  Review of new sources

     (1)   The provisions of this paragraph have been incorporated by refer-
          ence into the  applicable implementation  plans for various  States,
          as provided in Subpar^s  B through ODD of this part.  Where this
          paragraph 1s 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
                                   -26-

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    source which 1s 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.
    (11)    Coal Cleaning Plants.
    (111)   Kraft Pulp Mills.
    (iv)    Portland Cement Plants.
    (v)     Primary Zinc Smelters.
    (vl)    Iron and Steel Mills.
    (vii)   Primary Aluminum Ore Reduction Plants.
    (v111)  Primary Copper Smelters.
    (ix)    Municipal  Incinerators capable of charging more than 250
            tons of refuse per 24 hour day.
    (x)     Sulfurlc Acid Plants.
    (xi)    Petroleum  Refineries.
    (x11)   Lime Plants.
    (x111)  Phosphate  Rock Processing Plants.
    (x1v)   By-Product Coke Oven Batteries.
    (xv)    Sulfur Recovery Plants.
    (xvi)   Carbon Black  Plants  (furnace  process).
    (xvii)  Primary Lead  Smelters.
    (xv111) 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 1n the areas affected by the proposed source
            shall Include all new and modified sources granted approv-
            al to construct pursuant to this paragraph;  reduction in
            emissions from existing sources which contributed to air
            quality during all or part of  1974;  and general commer-
            cial, residential, industrial, and other sources of emis-
            sions growth not exempted by paragraph (c) (2) (111) of
            this section which has occurred since January 1, 1975.

     (11)    The new or modified source will meet an emission limit,
            to be specified by the Administrator as a condition to
            approval, which represents that level of emission reduc-
            tion which would be achieved by the application of best
            available control technology,  as defined in 52.01 (f),
            for 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.

     (111)   U1th respect to modified sources, the requirements of sub-
            paragraph  (2)  (11) of this paragraph shall be applicable
            only to the  facility or facilities from which emissions
            are  Increased.

(3)  In making the determinations required  by paragraph (d) (2) of this
     section,  the Administrator shall, as a minimum, require the owner
     or operator of the source subject to this paragraph to submit:
     site information, plans, description,  specifications, and drawings
     showing the design of  the source;  information necessary to de-
     termine the  impact that the construction or modification will have
     on sulfur dioxide  and  particulate matter air quality levels;  and
     any other information  necessary to determine that best available
     control technology will be applied.  Upon request of the Adminis-
     trator, the owner or operator of the source shall provide informa-
     tion on the nature and extent of general commercial, residential,
     industrial, and other  growth which has occurred in the area af-
     fected by the source's emissions  (such area to be specified by  the
                             -28-

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         Administrator) since January 1, 1975.

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

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

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

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

(e)   Procedures  for public participation

     (1)   (1)    Within 20 days after receipt of  an application to con-
                 struct, or any addition to such  application, the Admin-
                 istrator shall advise the owner  or operator of any de-
                 ficiency 1n the information submitted in support of the
                 application.   In the event of such a deficiency, the date
                 of  receipt of  the application for the purpose of para-
                 graph  (e)  (1)  (ii) of this section shall be the  date on
                 which all  required information 1s received by the Admin-
                  istrator.

          (ii)   Within  30  days after receipt of  a complete application,
                 the Administrator shall:
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        (a)   Make a preliminary determination whether the source
             should be approved, approved with conditions, or dis-
             approved.

        (b)   Make available in at least one location in each re-
             gion in which the proposed source would be construct-
             ed,  a copy of all materials submitted by the owner or
             operator, a copy of the Administrator's preliminary
             determination and a copy or summary of other materi-
             als, if any, considered by the Administrator in mak-
             ing  his preliminary determination;  and

        (c)   Notify the puBlic, by prominent advertisement in
             newspaper of general circulation in each region in
             which the proposed source would be constructed, of
             the  opportunity for written public comment on the in-
             formation submitted by the owner or operator and the
             Administrator's preliminary determination on the ap-
             provability of the source.

(111)    A copy of the notice required pursuant to this subpara-
        graph shall be sent to the applicant and to officials and
        agencies  having cognizance over the locations where the
        source will be situated as follows:  State and local air
        pollution control agencies, the chief executive of the
        city and  county;  any comprehensive regional land use plan-
        ning agency;,  and any State, Federal Land Manager or In-
        dian Governing Body whose lands will be significantly af-
        fected by the source's emissions.

(iv)    Public comments submitted In writing within 30 days after
        the date  such Information is made available shall be con-
        sidered by the Administrator in making his final  decision
        on the application.  No later than 10 days after the
        close of  the public comment period, the applicant may sub-
        mit a written response to any comments submitted by the
        public.  The Administrator shall consider the applicant's
        response  in making his final decision.  All comments shall
        be made available for public'Inspection in at least one
        location  in the region in which the source would be located.

(v)     The Administrator shall take final action on an applica-
        tion within 30 days after the close of the public comment
        period.  The Administrator shall notify the applicant 1n
        writing of his approval, conditional approval, or denial
        of the application, and shall set forth his reasons for
        conditional approval or denial.  Such notification shall
        be made available for public inspection in at least one
        location  in the region in which the source would be lo-
        cated.
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          (vi)     The Administrator may  extend  each  of the  time  periods
                  specified  in  paragraph (e)  (1)  (ii),  (iv),  or  (v)  of this
                  section  by no more  than 30  days  or such other  period as
                  agreed to  by  the applicant  and  the Administrator.

     (2)   Any owner or  operator who constructs, modifies, or  operates  a
          stationary source  not in accordance with the application,  as ap-
          proved and conditioned by the  Administrator,  or any owner  or op-
          erator of a stationary source  subject to this paragraph  who  com-
          mences construction or modification after  June 1, 1975,  without
          applying for  and receiving  approval hereunder, shall be  subject
          to enforcement action under section 113 of the Act.

     (3)   Approval to construct or modify shall become invalid if  construc-
          tion  or expansion  is  not commenced  within  18 months after  receipt
          of such approval or if construction is  discontinued for  a  period
          of 18 months  or  more.  The  Administrator may extend such time  pe-
          riod  upon a satisfactory showing that an extension  is  justified.

     (4)   Approval to construct or modify shall not  relieve any  owner  or
          operator of the  responsibility to comply with the control  strat-
          egy and all local, State, and  Federal regulations which  are  part
          of the applicable  State Implementation  Plan.

(f)   Delegation of authority

     (1)   The Administrator  shall have the authority to delegate responsi-
          bility for implementing the procedures  for conducting  source re-
          view  pursuant to paragraphs (d) and (e), in accordance with  sub-
          paragraphs (2),  (3),  and  (4) of this  paragraph.

     (2)   Where the Administrator delegates the responsibility for imple-
          menting the  procedures for  conducting source review pursuant to  .
          this  section  to  any Agency, other than  a regional office of  the
          Environmental Protection Agency, the  following provisions  shall
          apply:

          (i)     Where the  agency designated is  not an air pollution  con-
                  trol  agency,  such agency shall  consult with the  appropri-
                  ate  State  and local air pollution  control agency prior to
                  making any determination required  by paragraph (d) of
                  this  section.  Similarly, where the agency  designated
                  does  not have continuing responsibilities for  managing
                  land  use,  such agency  shall consult with  the appropriate
                  State and  local agency which  is primarily responsible  for
                  managing land use  prior to  making  any determination  re-
                  quired by  paragraph (d) of  this section.

          (ii)     A copy of the notice pursuant to paragraph  (e) (1) (ii)
                  (c)  of this section shall be  sent  to the  Administrator
                  through the appropriate regional office.
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(3)   In accordance with Executive Order 11752,  the Administrator's
     authority for implementing the procedures  for conducting source
     review pursuant to this section shall  not  be delegated,  other  than
     to a regional office of the Environmental  Protection  Agency, for
     new or modified sources which are  owned or operated by the Federal
     government or for new or modified  sources  located on  Federal lands;
     except that, with respect to the latter category, where  new or
     modified sources are constructed or operated on  Federal  lands  pur-
     suant to leasing or other Federal  agreements, the Federal  land
     Manager may at his discretion, to  the  extent permissible under ap-
     plicable statutes and regulations, require the lessee or permittee
     to be subject to a designated State or local  agency's procedures
     developed pursuant to paragraphs (d) and (e)  of  this  section.

(4)   The Administrator's authority for  implementing the procedures  for
     conducting source review pursuant  to this  section shall  not be re-
     delegated, other than to a regional  office of the Environmental
     Protection Agency, for new or modified sources which  are located
     on Indian reservations except where the State has assumed juris-
     diction over such land under other laws, in which case the Admin-
     istrator may delegate his authority to the States in  accordance
     with subparagraphs (2), (3), and (4) of this paragraph.

     (39 FR 42514, Dec. 5, 1974;  40 FR 2802, Jan. 16, 1975,  as
      amended at 40 FR 24535, June 9, 1975;  40 FR 25005,  June 12,
      2975;  40 FR 42012, Sept. 10, 1975)
                              -32-

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