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
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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
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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.
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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:
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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.
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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.
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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.
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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,
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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.
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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
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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
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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.
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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
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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
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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
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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
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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)
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