not exceed 0.6 pounds of particulate matter per million BTU heat input, as measured by the American Society of Mechanical Engineers Power Test Code No. 27 for "Determining Dust Concentrations in a Gas Stream," or equivalent test method.

(8) For units between 10 million and 1,000 million BTU/hour heat input, the emission of flyash and other particulate matter shall not exceed that specified in figure 1, as measured by the test method specified in subparagraph (7) of this paragraph. Existing units shall meet this

standard within the time designated by the plan submitted in accordance with section 3 of the Executive order except that with respect to existing spreader stoker units the plan may specify certain units which may emit particulate matter at an interim rate not exceeding 0.6 lbs/ million BTU heat input.

(b) For units having a heat input of more than 1,000 million BTU/hour, the appropriate department, agency, or establishment shall seek special advice from the Secretary with regard to smoke, flyash, and other particulate emissions.

MAXIMUM PARTICULATE EMISSIONPOUNDS PARTICULATE PER MILLION BTU HEAT INPUT

§ 76.5 Sulfur oxides.

(a) Combustion units of facilities or buildings not located in areas specified by the Secretary under paragraph (c) of this section and whose heat input is less than 1,000 million BTU/hour shall burn the lowest sulfur content fuel that is reasonably available. In determining reasonable availability, the factors to be considered include, among others, price, firmness of supply, extent of existing pollution, and assurance of supply under adverse weather and natural disaster conditions.

(b) For combustion units or Federal facilities or buildings not located in areas specified by the Secretary under paragraph (c) of this section and whose heat input is more than 1,000 million BTU/ hour, the appropriate department, agency, or establishment shall seek special advice from the Secretary with regard to sulfur-oxide emissions.

(c) (1) Effective October 1, 1968, combustion units of all Federal facilities or buildings located in the following areas shall comply with the applicable emission limitations and control measures set out below:

(i) In the New York Standard Consolidated Area, the emission rate of sulfur oxides (calculated as sulfur dioxide) from fuels used in combustion units shall not exceed a maximum emission rate of 0.35 pounds per million B.t.u. (gross value) heat input.

(ii) In the Chicago Standard Consolidated Area and in the Philadelphia Standard Metropolitan Statistical Area, the emission rate of sulfur oxides (calculated as sulfur dioxide) from fuels used in combusion units shall not exceed a maximum emission rate of 0.65 pounds per million B.t.u. (gross value) heat input.

(2) If compliance with the above emission standard is to be accomplished by means of controlled fuel quality, the agency responsible for each Federal facility in the designated areas shall establish appropriate fuel specifications to insure that the above emission limitations are met and shall provide for adequate tests to ascertain that delivered fuel meets the applicable specifications. If removal of sulfur oxides from flue gases is used to control emissions, the facility shall provide for continuous monitoring and recording of the sulfur oxide content of flue gases emitted. The sulfur content of fuels shall be determined in accordance with current

recognized testing procedures of the American Society for Testing and Materials. The sulfur content of the flue gases shall be determined in accordance with current recognized testing procedures of the American Society of Mechanical Engineers.

(3) The limitations and measures established in subparagrah (1) of this paragraph shall be revised or amended only after consultation with appropriate Federal, State, and local officials and affected parties. Not less than 30 days prior to prescribing such revised or amended limits or measures, the Secretary will publish in the FEDERAL REGISTER notice of his intention to adopt such limits or measures, and will thereafter publish in the FEDERAL REGISTER the limits or measures established. Secretary may at any time designate other urban areas which suffer from extremely high air pollution levels, and after similar consultation, and publication in the FEDERAL REGISTER, prescribe such limits or measures as he determines are necessary to carry out the intent of Executive Order 11282.

The

(d) The emission of the oxides of sulfur the atmosphere shall be monitored at regular intervals by determining the sulfur content of the fuel used or by determining the sulfur content of flue gases. [31 F.R. 7902, June 3, 1966, as amended at 32 F.R. 4415, Mar. 23, 1967] § 76.6 Stacks.

For buildings or facilities in nonurbanized areas, the particle emission standards of § 76.4(a) (7) and (8) may be revised for an individual installation by an amount to be determined by the Secretary, when:

(a) The stack height exceeds by 21⁄2 times the height of the highest building in that area, and

(b) The pollution level in any area will not be significantly increased thereby. For large plants the determination of chimney height shall be based on air quality criteria, land use, and meteorological, topographical, aesthetic, and operating factors.

§ 76.7 Storage and handling of fuels and ash.

(a) Solid fuels and ash shall be stored and handled so as not to release to the atmosphere dust in significant quantities.

(b) In quantities of 40,000 gallons or more, gasoline or any volatile petroleum distillate or organic liquid having a vapor pressure of 1.5 p.s.i.a. or greater under

actual storage conditions shall be stored in pressure tanks or reservoirs or shall be stored in containers equipped with a floating roof or vapor recovery system or other vapor emission control device.

(c) Stationary gasoline storage tanks with a capacity of 250 gallons or more shall be equipped with either submerged filling inlets or with vapor recovery or emission control systems such that loss of vapor to the atmosphere during filling operations shall be minimized.

(d) Gasoline or petroleum distillate tank car or tank truck loading facilities handling 20,000 gallons per day or more shall be equiped with submersible filling arms or other vapor emission control systems.

§ 76.8 Disposal of refuse.

(a) Refuse shall not be burned in open fires in urban areas. In nonurban areas there shall not be burned in open fires, within a 24-hour period, more than 25 pounds of material at a single site nor more than 500 pounds of material at any number of sites within a 1-mile radius, except that these quantities may be exceeded when the open burning occurs at diverse sites such as are associated with railroad rights-of-way, interurban highways, irrigation canals, etc. forests, agricultural operations, Deteriorated or unused explosives, munitions, and certain hazardous materials may be burned in open fires, in accordance with recognized procedures. Refuse shall not be left in dumps without being covered with inert matter within a reasonably short time.

(b) Refuse shall be incinerated only in facilities specially designed for that purpose. Incinerators shall meet the emission visibility standards of § 76.4 (a) (2) and (a) (3). In addition, for installations burning 200 pounds of refuse or more per hour, emissions shall not exceed 0.2 grain of particulate matter per standard cubic foot of dry flue gas corrected to 12 percent carbon dioxide (without the contribution of auxiliary fuel), and shall not normally include particles larger than 60 microns. For installations burning fewer than 200 pounds of refuse per hour, emissions shall not exceed 0.3 grain of particulate matter per standard cubic foot of dry flue gas corrected to 12 percent carbon dioxide (without the contribution of auxiliary fuel).

for discharges of radioactive effluents regulated by the Atomic Energy Commission, whatever measures may be necessary to comply with the intent of these regulations shall be applied. This will generally require the installation of equipment or devices to minimize such emissions to the point where they will meet the standards contained in these regulations. For processes which emit toxic substances in quantities which might endanger health or welfare and for fires which emit smoke or fumes at official firefighting schools, the appropriate department, agency, or establishment shall seek special advice from the Secretary.

(NOTE: The Department of Health, Education, and Welfare will, from time to time, and after consultation with industries concerned, issue "Guides of Good Practice" for specific operations to aid Federal departments, agencies, and establishments in the selection of equipment and methods for meeting the performance standards. For emissions not covered herein, or for which there have been issued no applicable "Guides of Good Practice," the Department of Health, Education, and Welfare will provide technical material and consultation to departments, agencies, and establishments requesting such assistance. Requests for "Guides of Good Practice," technical material, or consultation should be directed either to the Federal Facilities Section, Abatement Branch, Division of Air Pollution, Public Health Service, Department of Health, Education, and Welfare, Washington, D.C. 20201, or to the appropriate Regional Air Pollution Program Director of the Public Health Service located in the Department of Health, Education, and Welfare Regional Offices.)

PART 77-FACILITIES USED FOR AIR POLLUTION CONTROL; CERTIFICATIONS FOR INVESTMENT TAX CREDIT PURPOSES

Sec.

77.1 Applicability. 77.2 Definitions.

77.3 Requirements for certification. 77.4 General provisions.

77.5 Applications.

77.6

State certification. 77.7 General policies.

AUTHORITY: The provisions of this Part 77 issued under sec. 301, 80 Stat. 378; 5 U.S.C. 301.

SOURCE: The provisions of this Part 77 appear at 32 F.R. 11990, Aug. 19, 1967, unless otherwise noted.

As used in this part, all terms not defined herein shall have the meaning given them in the Act.

(a) "Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.).

(b) "Secretary" means the Secretary of Health, Education, and Welfare.

(c) "Surgeon General" means the Surgeon General of the Public Health Service.

(d) "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

(e) "State air pollution control agency" means a single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of the Act as provided in section 302(b) (1) of the Act.

(f) "Applicant" means any person who files an application with the Surgeon General for certification that a facility is in compliance with the applicable regulations of Federal agencies and the general policies of the United States for cooperation with the States in the prevention and abatement of air pollution under the Act.

(g) "Facility" means property for which certification is sought under this part. § 77.3

Requirements for certification.

The Surgeon General will certify a facility if he determines that such facility is in compliance with the applicable regulations of Federal agencies, if any, the general policies of the United States for cooperation with the States in the prevention and abatement of air pollution under the Act as set forth in § 77.7, and if the applicant complies with all the other requirements of this part.

§ 77.4 General provisions.

(a) An applicant shall file a separate application in accordance with this part for each facility.

(b) Applications shall be submitted to the National Center for Air Pollution Control, Public Health Service, Washington, D.C. 20201, through the State air pollution control agency.

(c) A copy of each application submitted to a State air pollution control agency shall be forwarded by the applicant to the National Center for Air Pollution Control at the time such application is submitted to the State agency.

(d) An amendment to an application shall be submitted in the same manner as the original application and shall be considered a part of the original application.

(e) No certification will be made by the Surgeon General for any facility prior to the time it is placed into operation and the application, or amended application, in connection with such facility so states.

(f) No certification will be made for any facility unless the application or amended application is accompanied by a certification of the State air pollution control agency in accordance with § 77.6.

(g) If the facility is certified by the Surgeon General, notice of certification will be issued and forwarded to the applicant. If the facility is denied certification, the Surgeon General will advise the applicant in writing of the reasons therefor.

(h) Notice of actions taken under paragraph (g) of this section will be given to the appropriate State air pollution control agency.

§ 77.5 Applications.

Applications for certification under this part shall be submitted on such forms as the Surgeon General may prescribe, shall be signed by the applicant or agent thereof, and, in addition to any other information which the Surgeon General may reasonably require, shall include the following:

(a) Name, address, and Internal Revenue identifying number of the applicant;

(b) Type and narrative description of the facility for which certification is sought, including a copy of schematic or engineering drawings;

(c) Address of facility location;

(d) A general description of the operation in connection with which such facility is used and a description of the specific process or processes whose emissions are controlled by the facility;

(e) Description of the effect of such facility in terms of type and quantity of pollutants or contaminants removed, altered, or disposed of by such facility when plant or process is in full operation;

(f) Identification of the applicable State and local air pollution control requirements and standards;

(g) Date when such facility is placed in operation.

§ 77.6 State certification.

The certification of the State air pollution control agency in accordance with 26 U.S.C. 48(h) (12) (C) (ii) that the facility described in such application is in conformity with the State program or requirements for control of air pollution shall be executed by an agent or officer authorized to act on behalf of the State air pollution control agency and accompanied by evidence of such authority.

§ 77.7 General policies.

(a) The general policies of the United States for cooperation with the States in the prevention and abatement of air

pollution under the Act are to cooperate with and to assist the States and local governments in improving and protecting the Nation's air resources by the prevention and abatement of conditions which cause or contribute to or which are likely to cause or to contribute to air pollution which endangers the health or welfare of any persons.

(b) In determining whether a facility complies with these general policies the Surgeon General will take into consideration the following:

(1) Recommendations issued pursuant to sections 103 (e) and 105 of the Act which are applicable to facilities of the same type and located in the area to which the recommendations are directed.

(2) Whether the facility in operation meets local government requirements for control of air pollution, including emission standards, applicable to the facility.

81.11 Scope. 81.12

Regions

National Capital Interstate Air Quality Control Region (District of Columbia, Maryland, and Virginia). 81.13 New Jersey-New York-Connecticut Interstate Air Quality Control Region.

81.14 Metropolitan Chicago Interstate Air Quality Control Region (IndianaIllinois).

81.15 Metropolitan Philadelphia Interstate Air Quality Control Region (Pennsylvania-New Jersey-Delaware).

AUTHORITY: The provisions of this Part 81 issued under sections 107(a) and 301(a), 81 Stat. 490, 504; 42 U.S.C. 1857c-2(a), 1857g(a).

SOURCE: The provisions of this Part 81 appear at 33 F.R. 14645, Oct. 1, 1968, unless otherwise noted.

Subpart A-Meaning of Terms

Air quality control regions designated by the Secretary pursuant to section 107(a) (2) of the Act (42 U.S.C. 1857c2(a)(2)) are listed in this subpart. Regions so designated are subject to revision, and additional regions may be designated, as the Secretary determines necessary to protect the public health and welfare.

§ 81.12 National Capital Interstate Air Quality Control Region (District of Columbia, Maryland, and Virginia). The National Capital Interstate Air Quality Control Region (District of Columbia, Maryland, and Virginia) consists of the territorial area encompassed by the boundaries of the following jurisdictions (including the territorial area of all municipalities (as defined in section 302(f) of the Clean Air Act, 42 U.S.C. 1857h(f)) geographically located within