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(3) advise, consult, and cooperate with agencies of the District of Columbia Government, industries, interstate or interlocal agencies, the Federal Government, and interested persons and groups;

(4) review those matters having a bearing upon air pollution referred by agencies of the District of Columbia Government, and make reports, including recommendations, to the referring agencies with respect thereto;

(5), collect and disseminate information and conduct educational and training programs relating to air pollution; and

(6), encourage voluntary cooperation by persons or affected groups to achieve the purposes of this Act.

(b) For purpose of carrying out their duties under this Act, the Commissioners may

(1) issue such orders as may be necessary to effectuate the purposes of this Act and enforce the same by all appropriate administrative and judicial proceedings;

(2) hold hearings relating to any aspect of, or matter in, the administration of this Act;

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(3) secure necessary scientific, technical, administrative, and operational services, including laboratory facilities by contract, or otherwise;

(4) receive and administer grants or gifts for the purpose of carrying out the purposes of this Act; and

(5) take any other action which may be necessary to carry out the purposes of this Act.

REPORTING OF INFORMATION

SEC. 6. The Commissioners may require persons engaged in operations which may result in air pollution to file with the Commissioners reports containing information as to (1) location and description of source; (2) rate, duration, and composition of contaminant emission; and (3) such other information as the Commissioners may require.

CONSTRUCTION PERMITS

SEC. 7. (a) Except as provided in subsection (c), it shall be unlawful to construct, reconstruct, install, or alter any fuel-burning equipment or any other equipment capable of emitting air contaminants unless the Commissioners have issued a permit for such construction, reconstruction, installation, or alteration. Applications for such permit shall be accompanied by such plans, specifications, and information as the Commissioners may by regulation prescribe.

(b) It shall be unlawful for any person to operate any fuel-burning equipment or any other equipment capable of emitting air contaminants with respect to which a permit has been issued under this section unless such equipment conforms to the plans and specifications on the basis of which such permit was issued. (c) A permit for the construction, reconstruction, installation, or alteration of fuel-burning equipment or equipment capable of emitting air contaminants shall not be required in the case of—

(1) any oil-fired fuel-burning equipment which uses only number 1 or number 2 fuel oil and which uses only commercial equipment listed by the Underwriters Laboratory,

(2) any gas-fired fuel-burning equipment which uses only commercial equipment listed by the Underwriters Laboratory,

(3) any solid-fuel fired fuel-burning equipment which uses commercial equipment listed by the Underwriters Laboratory and the fuel input of which will not exceed three hundred and fifty thousand British thermal units per hour,

(4) any fuel-burning equipment or any other equipment capable of emitting air contaminants which is not permanently installed in a stationary building or structure, or

(5) repairs or minor alterations to any equipment installed prior to the effective date of this Act or with respect to which a permit has been issued under this section.

(d) No person may build, erect, install, or use any article, equipment, or other contrivance the sole purpose of which is to dilute or conceal an emission without resulting in the total release of air contaminants into the atmosphere.

INSPECTIONS

SEC. 8. The Commissioners or their authorized representative may enter and inspect any property, premise, or place at any reasonable time for the purpose of investigating or testing either an actual or suspected source of air pollution, or of ascertaining the state of compilance with this Act and regulations enforced pursuant thereto. No person shall refuse entry or access to the Commissioners or their authorized representative who requests entry for the aforementioned purposes, and who presents appropriate creditentials; nor shall any person obstruct, hamper, or interfere with any such inspection.

EMISSIONS PROHIBITED

SEC. 9. (a) (1) A person shall not discharge into the outdoor atmosphere from any single source of emission whatsoever any air contaminant which is (A) darker in shade than that designated as number 1 on the Ringelmann Smoke Chart or (B) of such opacity as to obscure an observer's view to a degree greater than does smoke designated as number 1 on the Ringelmann Smoke Chart, except that if a person can show to the satisfaction of the Commissioners that an emission of air contaminants contains less than ten one-hundredths pound of particulate matter per one thousand pounds of dry exhaust gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) for fuel-burning equipment or incinerators, such emission shall not be prohibited by this paragraph.

(2) Visible emissions existing at ground level past the lot line of the property on which the source of the emissions is located are prohibited.

(b) (1) No person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any fuel-burning equipment or premises, or to pass a convenient measuring point near the stack outlet, particulate matter in the flue gases to exceed sixty one-hundredths pound per one million British thermal units heat input for installations using less than ten million British thermal units per hour total input. In the case of installations using greater than ten million British thermal units per hour total input, the allowable particulate emission limitation shall be determined in accordance with the following graph:

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(2) The burning of refuse in fuel-burning equipment is prohibited except in equipment from which no visible emissions in excess of that permitted by subsection (a) of this section and no particulate matter in excess of that permitted by this subsection are emitted, and no odors arising from the installation are observable beyond the premises on which the installation is located.

(3) No person shall cause, suffer, or allow to be emitted into the outdoor atmosphere from any incinerator or premises, or to pass a convenient measuring point near the stack outlet particulate matter to exceed sixty-five one-hundredths pound per one thousand pounds of the flue gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) and calculated as if no auxiliary fuel had been used, for incinerators designed for burning up to two hundred pounds of refuse per hour or to exceed thirty one-hundredths pounds per one thousand pounds of flue gas, adjusted to 12 per centum carbon dioxide (or 50 per centum excess air) and calculated as if no auxiliary fuel had been used, for incinerators designed for burning two hundred or more pounds of refuse per hour. In no case shall the total discharge of particulate matter in any one hour exceed two hundred and fifty pounds.

(4) No person shall cause or permit any materials to be handled, transported, or stored in a manner which allows or may allow particulate matter to become airborne. No person shall cause or permit a building or its appurtenances or a road to be constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

(5) The maximum allowable emission of particulate matter from any source, except fuel-burning equipment and incinerators, shall be determined in accordance with the table set out below. Where the process weight per hour falls between two values in the table, the maximum weight discharged per hour shall be determined by linear interpolation. The table is as follows:

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When the process weight is in excess of sixty thousand pounds per hour, there shall not be discharged in any one hour from any source particulate matter in excess of 0.066 per centum of the process weight per hour.

(6) Stack emission tests for particulate matter shall be undertaken by generally recognized standards or methods of measurement. Methods found in the A.S.M.E. Test Code for Dust Separating Apparatus, PTC 21-1941, the A.S.M.E. Test Code for Determining Dust Concentrations in Gas Streams, PTC 27-1957, and the Los Angeles County Source Testing Manual shall be used, but these may be modified or adjusted by the Commissioner to suit specific sampling conditions or needs based upon good practice, judgment, and experience.

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(c) (1) No person shall cause, suffer, or allow any emissions of gases, vapors, or odors beyond the property line from which such emissions occur, to be in sufficient quantities and of such characteristics and duration as is or is likely to be injurious to the public welfare, to the health of human, plant or animal life, or to property, or which interferes with the enjoyment of life and property, (2) No person shall use fuels the sulfur content of which exceeds 1 per centum by weight.

(3) In the absence of appropriate control measures, no person shall use products which, either by themselves or due to additives or impurities, result in air pollution.

OPEN BURNING

SEC. 10. (a) Except as provided in subsection (b), no person shall kindle an open fire in any public or private place outside any building. Fires started in violation of this Act shall be promptly extinguished by the person responsibile for such fire upon notice by the Commissioners.

(b) (1) Except as otherwise provided in this subsection, open burning may only be done under a permit issued by the Commissioners. A permit may be issued under this subsection only if the Commissioners determine that

(A) there is no practical available alternate method for the disposal of the material to be burned,

(B) no hazardous condition will be created by such burning,
(C) no salvage operation by open burning will be conducted, and

(D) no leaves will be burned in those areas where provision is made for their public collection.

The Commissioners may impose conditions with respect to a permit issued under this subsection for the purpose of preventing the creation of smoke which is prohibited by this Act or protecting property and the health, safety, and comfort of persons from the effects of the burning. Such conditions may be imposed with respect to a permit at any time by notice to the person holding such permit.

(2) Open burning of leaves without a permit may be done in those areas where there is no provision for the public collection of leaves.

(3) Open fires may be set without a permit by a public officer in the performance of his official duties if such fires are set

(A) for the prevention of a fire hazard which cannot be abated by other means;

(B) for the instruction of public firefighters or industrial employees who are under the supervision of the Fire Marshal; or

(C) for the protection of the public health.

(4) The following types of open fires may be set without a permit if no smoke violation or other nuisance is created:

(A) Fires used for the cooking of food.

(B) Fires in salamanders or other devices used for heating by construction workers or other workers.

(C) Fires set in the course of agricultural operations in growing crops or raising fowl or animals.

(D) Fires set for recreational purposes.

(c) Notwithstanding any other provision of this section, no open burning may be done during an air pollution alert declared by the Commissioners.

OPERATION OF EQUIPMENT

SEC. 11. (a) Any equipment that may produce air contaminants shall not be operated or maintained in such a manner that a nuisance is created. Nothing in this Act relating to regulation of emission of air contaminants shall in any manner be construed as authorizing or permitting the creation or maintenance of a nuisance.

(b) The engine, power, and exhaust mechanism of every motor vehicle shall be so equipped, adjusted, and operated as to prevent the escape therefrom of excessive fumes or smoke.

(c) After July 1, 1970, there shall not be operated for a period of longer than thirty days on the public ways of the District of Columbia any motor vehicle which is not equipped with either (1) an engine meeting the Commissioner's air pollution standards or (2) an exhaust control device meeting such standards.

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