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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. § 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) For Standard Metropolitan Statistical Areas or Standard Consolidated Areas whose central city has a population greater than 2 million and a population density greater than 15,000 persons per square mile, the Secretary will, within 6 months after the effective date of the regulations in this part, establish by regulation limits on the emission of sulfur oxides to the atmosphere or prescribe such control steps or measures as may be necessary over time to abate or control sulfurous pollution from Federal installations. The limits or measures so established shall be no less stringent than the relevant State or local requirements.

in the FEDERAL REGISTER notice of his in-
tention to adopt such limits or measures,
and will thereafter publish in the FED-
ERAL REGISTER the limits or measures es-
tablished. The 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, pre-
scribe such limits or measures as he de-
intent of this order.
termines are necessary to carry out 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. 876.6 Stacks.

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

times the height of the highest building (a) The stack height exceeds by 22 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.

with a capacity of 250 gallons or more (c) Stationary gasoline storage tanks 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 equipped with submersible filling arms or other vapor emission control systems.

§ 76.8

Disposal of refuse.

(2) Such limits or measures shall be established only after consultation with appropriate Federal, State and local officials and affected parties. Not less than 30 days prior to prescribing such limits (a) Refuse shall not be burned in open or measures, the Secretary will publish 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, forests, agricultural operations, etc. 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).

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mission, 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 emissions not covered herein, or for which meeting the performance standards. For 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 Serv ice, 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.)

Dated: June 2, 1966.

JOHN W. GARDNER, Secretary of Health, Education, and Welfare.

For dusts, fumes, or gases from any process not heretofore described, except for discharges of radioactive effluents [F.R. Doc. 66-6201; Filed, June 2, 1966;

regulated by the Atomic Energy Com

12:24 p.m.]

Circular No. A-78

EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D.C., August 6, 1966.

To the heads of executive departments and establishments.
Subject: Air pollution from Federal activities.

1. Purpose. This Circular specifies the procedures to be followed by departments, agencies, and establishments in carrying out the provisions of Executive Order 11282, “Prevention, Control, and Abatement of Air Pollution by Federal Activities," (hereinafter referred to as the Executive Order) which was signed by the President on May 26, 1966, and the "Performance Standards and Techniques of Measurement" (42 CFR 76.1-76.9) (hereinafter referred to as the Regulations) issued by the Department of Health, Education, and Welfare to supplement the Executive Order.

2. Policy. The heads of the departments, agencies, and establishments of the Executive Branch of the Government will provide leadership in the nationwide effort to improve the quality of our air through the prevention, control, and abatement of air pollution from Federal Government activities in the United States. The Secretary of Health, Education, and Welfare will, in administering the Clean Air Act, as amended, provide technical advice and assistance to the heads of other departments, agencies, and establishments in connection with their duties and responsibilities under the Executive Order.

3. Cooperation between the Department of Health, Education, and Welfare and departments and agencies.-Departments, agencies, and establishments seeking advice and assistance from the Department of Health, Education, and Welfare with respect to compliance with the Executive Order and the Regulations should communicate with the Federal Facilities Section, Abatement Branch, Division of Air Pollution, Public Health Service, Department of Health, Education, and Welfare, Washington, D.C. 20201. Departments and agencies will cooperate in furnishing pertinent data, including inventory information concerning potential air pollution sources, to the Division of Air Pollution.

4. Definitions.-The term "Federal installation" includes all buildings and facilities owned by the Federal Government, whether or not they are operated by an agency of the Federal Government. It excludes buildings or facilities leased in whole or in part by the Federal Government except where an agency head determines in consultation with the Secretary of Health, Education, and Welfare that exclusion of such buildings would seriously impair his ability to carry out his responsibility to abate pollution resulting from Federal activities. It also excludes buildings or facilities of the District of Columbia Government. An "installation" is defined as the same reporting entity used in the Annual Real Property Inventory reported to General Services Administration pursuant to Federal Property Management Regulations, subchapter A, part 101-3. Installations "in the United States" include those in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa. The "cost" of remedial measures is that amount which must be specifically provided for in the budget for the purpose of taking such measures. This generally will mean capital cost of equipment and cost of installation, but not maintenance and operating costs.

5. Design for new installations.-As stated in the Executive Order, a request for funds to defray the cost of designing and constructing new Federal facilities and buildings in the United States must provide for the installation of air pollution control equipment where necessary. Systems for such control must be designed to meet the standards contained in the Executive Order and the Regulations.

6. Phased and orderly plan for existing installations:

a. Requirement. Agencies are required to submit to the Director of the Bureau of the Budget by July 1, 1967, a phased and orderly plan for the prevention, control, or abatement of air pollution from existing facilities. The report should cover conditions existing as of April 1, 1967.

b. Coverage. The plan will cover all Federal installations which are found by the agency, the Department of Health, Education, and Welfare, or a State or local air pollution control agency to be below the standards contained in the Executive Order and the Regulations. Existing facilities include those for which construction contracts have been awarded on or prior to the date of issuance of this Circular, as well as facilities already in operation. Facilities

for which construction contracts will be awarded after the date of issuance of this Circular must meet the requirements and procedures specified for new installations.

Operations involving the use of fossil fuels where the heat input is less than 1,000,000 BTU/hour generally need not be reported as potential air pollution sources. All units using #1 and #2 distillate fuel oil and all units fired with gas may also generally be excluded from consideration. These operations should not be excluded if the agency has reason to believe that an air pollution problem exists and that remedial action should be taken.

c. Information required. The information required for the plan is to be submitted in the form of Exhibits A and B. Four copies of each report will be submitted to the Bureau of the Budget.

A statement in the form of Exhibit A will be submitted for each installation covered in the plan and will include (1) the name of the installation and the GSA inventory control number; (2) the location of the installation; (3) the location of the point of discharge and Federal enforcement action taken, if any; (4) the nature and amount of pollutant being discharged; (5) the existing level of control being provided; (6) the remedial measures proposed to be taken; (7) the total cost of such remedial measures; and (8) the title of the account under which these costs will be appropriated.

Summary financial data will be submitted in the form of Exhibit B. This summary should list all agency installations covered by the plan in the order of their priority. The agency plan should provide for compliance with the Executive Order and the Regulations at all installations within five years or less.

d. Review. The Bureau of the Budget, in cooperation with the Department of Health, Education, and Welfare, will examine the phased and orderly plans submitted by each department, agency, or establishment. The budgetary aspects of such plans will be reviewed by the Bureau of the Budget and agencies will be notified of the outcome of this review.

7. Annual progress report.—An annual report describing progress in accomplishing the objectives of the pollution abatement plan is to be submitted to the Director of the Bureau of the Budget by July 1, 1968, and by the first of each fiscal year thereafter. The report should cover conditions as of April 1 of the preceding fiscal year.

The annual report will include a separate report for each installation covered by the plan. This report should contain information on budget requests made by the agency during the preceding fiscal year and on congressional action on each of these requests. If congressional action has not yet been taken on the request, the agency should so indicate, and final congressional action should be reported in the following year's annual report. The report for each installation also should include the specific prevention, control, or abatement measures which have been completed at each installation during the preceding year, and the progress on remedial measures for which work has been started but not yet completed. The above information required for the annual report should be submitted in the form of Exhibit C. It is not necessary to submit a report for installations where no action has yet been taken or for installations where remedial measures have been completed prior to the fiscal year preceding the annual report.

If changed conditions, such as the nature or volume of the air pollution discharged, have caused a previously nonpolluting installation to contribute to pollution, a statement in the form of Exhibit A should be submitted for that installation as part of the agency's annual report. If such changed conditions, unanticipated budgetary action, or other factors have made revisions in the agency's overall control plan necessary, a revised plan in the form of Exhibit B also should be submitted as part of the annual report.

8. Inquiries.—Inquiries to the Bureau of the Budget about this Circular should be addressed to the Health and Welfare Division (code 103, extension 4794). CHARLES L. SCHULTZE, Director.

EXHIBIT A

CIRCULAR No. A-78

[Name of Agency]

[Bureau]

AIR POLLUTION CONTROL-REQUIREMENTS BY INSTALLATION

[Date]

1. Name of installation and GSA inventory control number.—Albemarle Arsenal-#546307.

2. Location of installation (State, County, and Town or City).—Albemarle, Jefferson County, Utah.

3. Location of point of discharge and Federal enforcement action taken, if any.-Power plant at Albemarle, Utah. Arsenal was cited in the tri-State enforcement action, October 20, 1965.

4. Nature and amount of pollutant being discharged.-346 tons of particulates per day and 600 tons of SO2 per day.

5. Existing level of control being provided.—Mechanical filters.

6. Remedial measures proposed.-Installation of electrostatic precipitators. 7. Cost of remedial measures (in thousands of dollars).-Total cost: $5,000 for electrostatic precipitators. Cost by fiscal years:

1968: $50 for design and engineering studies;

1969: $4,950 for construction.

8. Title of account under which costs will be appropriated.—.

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