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ENVIRONMENTAL PROTECTION AGENCY
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Environmental News
FOR IMMEDIATE RELEASE TUESDAY, NOVEMBER 15, 197 7
EPA PROPOSES REGULATIONS ON INDUSTRIAL GROWTH IN CLEAN AIR
AREAS
The U.S. Environmental Protection Agency has issued
regulations implementing sections of the new Clean Air Act
Amendments limiting deterioration of air quality in clean
air areas of the country, EPA Administrator Douglas M.
Costie announced today.
"These regulations will greatly expand the coverage of
EPA's current air quality deterioration rules, and generally
impose more stringent requirements for pollution sources
such as factories and power plants seeking to begin construc-
tion or modify their facilities in areas already meeting
Federal clean air standards," Costle said. "In implementing
these significant deterioration provisions of the new Amend-
ments, EPA will make every effort to preserve our national
heritage of clear skies while maintaining economic and employ-
ment stability."
Under the 1970 Amendments to the Clean Air Act, EPA in
December 1974 issued final regulations preventing significant
deterioration of air quality in areas cleaner than the national
ambient air quality standards. These rules went into effect
nationwide in June 1975. On August 7, 1977 President Carter
signed new Amendments to the Act which generally toughened
and expanded the scope of this program.
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Basically, the new Amendments require each State to
classify clean air areas as either Class I (where air quality
has to remain virtually unchanged); Class II (where moderate
industrial growth would be allowed); and Class III" (where
more intensive industrial activity would be permitted). The
air quality in each of the three types of areas will be allowed
to deteriorate only by specific amounts fixed by the Amendments.
In no case, however, will air quality be allowed to exceed
Federal health standards.
The regulations, published in the Federal Register Novem-
ber 3, are published in three separate but related parts: one
final and two proposed regulations.
The final rulemaking implements provisions of the Amend-
ments intended by Congress to be immediately effective as of
the August 7, 1977 enactment date. Only pollution sources
which commenced construction before August 7 are exempt from
the immediate changes.
Among these changes is the immediate application of the
new ambient air increments mentioned above. These increments
are more stringent than those allowed under EPA's old significant
deterioration regulations.
These final rules also immediately designate certain areas
as Class I, and forbid States to redesignate them into either
of the other two classes. They are: (1) international parks,
(2) national wilderness areas exceeding 5,000 acres, (3) national
memorial parks exceeding 5,000 acres, and (4) national parks
exceeding 6,000 acres.
Of the two proposed regulations, one deals with the review
of pollution sources before they are built, to insure they do
not violate the new deterioration increments in actual operation.
As required in Section 165 of the Amendments, EPA's proposal
will require a preconstruction permit for any of the 28 major
pollution source categories named in the Amendments that have
potential air pollution emissions of 100 tons per year, or
for any other pollution sources that have potential emissions
of 250 tons per year. EPA's current regulations cover only
19 source categories (including power plants, steel mills,
and other stationary sources).
Under the proposed rules, to receive a construction permit,
these new sources will have to use best available pollution
control technology. The BACT requirements will always be applied
on a case-by-case basis, and may be tougher than the BACT
requirements under the current EPA rules.
The proposed regulations also require that a public hearing
must be held before a permit is issued to any pollution source.
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Under the proposal, the preconstruction review require-
ments would apply to any source which does not obtain a final
permit approval before the regulations become effective on
March 1, 1978, or which does not commence construction within
nine months of final rulemaking.
The other EPA proposed regulation contains guidance to
States, so they can incorporate these new significant deteriora-
tion requirements into required State implementation plans.
Written public comment on these three related rulemaking
actions should be submitted in triplicate to Darryl D. Tyler,
Chief, Standards Implementation Branch (MD-15), U.S. Environ-
mental Protection Agency, Research Triangle Park, NC 27711,
or phone 919-541-54 25. Comments should address the three
actions in a consolidated fashion. Public comments will be
available for inspection at the Environmental Protection Agency
Public Information Reference Unit, Room 2922, 401 M Street, SW.,
Washington, D.C. 20460, phone 202-755-2808.
EPA also plans to hold public hearings on these actions in
January 1978, with details announced in a mid-December Federal
Register. Persons desiring to appear at such a hearing should,
no later than November 24, file a written statement with Darryl
Tyler at the address given above. Each statement should indicate
the person's name and address, the nature of the person's interest
in the rulemaking proceedings, and the group or business entity
(if any) such person represents.
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